Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1922-09-13
UNTANGL ING Of
PAVING TANGLE:
IS UNDERTAKEN
City to Consider Formal
Request for Change of
Type That Car Company
Nav Present.


ldeadlocked condition that has de-
Ilayed the completion of the I'M
provement of that thoroughfare
and the paving of North Second
street may be untangled. Such a
request is expected to be received
by the city commission today, in
which event it will hold meeting
this afternoon at 4 o'clock to give
it formal consideration.
At a meeting of the city COM
mission last night it was brought
out that unless such a request is
received it will be impossible for
the city to make any changes in
the specifications without running
the risk of invalidating the bond
issue covering the paving involved
George Roslington, president of
the City Electric company, told the
commission last night that If he
were allowed to change the spect-
fications on West Coal avenue
from concrete to the asphaltic type
he would proceed with the North
Second street paving. to be of the
same material. He stated further
that his company wanted to be
assured that it would not be called
upon to pay for any more paving
for a period ofJtwo years. and that
if paving were done, the street car
right-of way should be either left
unpaved or the Improvement paid
for by the city or by the property
owners. He said the company
could not afford to pay for any
more paving.
Mr.. Roslington was informed
| that the commission could not and
would not make any such agree
ment. but that it fully realized the
burden to which the company is
being put in the payment for large
amounts Of having. About three
miles Of paving has been laid af-
fecting the street car company and
| about five more miles are contem-
| plated.
Commissioner Swope said he
would favor having the matter set
| tied finally, bv the court If neces-
cory. to determine whether the CITY
Electric comnany. the property
owners or the city IN general
should paw for paving on the right
| of-wav. II was on suggestion of
Commissioner We'll that it was de-
cided to settle the nresent contro-
versv hv havrng Mr.. Roslington
make formal application for con-
o"ssione on work ALREADY contract
cd. and leave future paving take
caro- OF itself.
" the request comes from Nv
"os'incton the following will be eff
footed:
The Coal avenue right-of-way
will he navad 81 once.
The North Second street paving
will proceed and the City Electric
company will pave the right-of-
way with asphalt.
The paving bonds will be in no
way affected.
Legal proceedings will be
averted.
Roslington Serves Notice.
Before the partial agreement was
reached Mr.. Roslington had served |
the following notice on the city:
ITO the City of Albuquerque and |
the New Mexico Construction COM
pany:
PLEASE be advised that the City |
denies the constitutionality of the |
statute under which you propose
to pave the right -of-way Of the City |
Electric company and denies any |
obligation upon the City Electric
company to pay for such paving, |
and denies any right or power in |
you to create a lien against the |
property Of the City Electric com
pany to secure the payment of the |
cost of paving such right-of-way. |
And please be further advised |
that the City Electric company will
resist the filing of any lien against
its property for the securing of
payment of cost of paving and will |
resist paying any claim made |
against it for the cost of paving Its
ht-of-way.
"City Electric company by
Laurence f. Lee and A. B. McMil-
len, its attorneys
This notice later was withdrawn
for purposes Of discussion.
City Makes Concession.
Mr. Roslington stated that he had
mat many concessions but the
city bad not met him half way.
Chairman Walton said the present
city commission had gone to almost
any lengths to adjust paving mat
tiers with the street car company,
but it seemed the farther the city
went the farther it was asked to
go.
At the beginning, Mr.. Roslington
refused to make any request on the
city for q change in specifications,
saying it would be an acknowledge
ment of the validity of existing con-
tracts, but later agreed to consult
his attorneys, with the likelihood
of making such request If they so
advised. 1t was made clear that
his company does not oppose pay
ing, but has gone as far as 1t can
in the matter of such expenditures.
Mr.. Roslington said the proposed
paving programs would take the
company's entire gross income for
year. The asphaltic type, he said
is the best for all persons concern
ed. as no matter who pays for 1t
as the concrete is noisy and is
hard on rolling stock as we'll as
being prohibitive in cost.
If an agreement is not reached,
it was stated, the New Mexico Con-
struction company, which has the
contract for North Second street,
will be notified to proceed. Pres
ent at the meeting were Chairman
Walton, Commissioners Well |
Swope and Tingley, City Manager
Calkins and City Clerk Malone.
City Attorney Jamison stated |
that the formal notice served by |
the City Electric company probably |
would not affect the payment for
paving already done and on which |
the company has paid interest
charges.