The Morning Tulsa daily world. [volume] (Tulsa, Okla.) 1919-1927, 1922-04-22
PAVING SQUABBLt
TAKEN TO COURT
Improvement of Peoria
Stretch Beset With
Legal Tangles
PROTESTS OVERRULED
pr1erty Owners Contend
That Cost Will Exceed
Benefits Derived

The having squabble over North
MA avenue is TO be settled in dis
'.,,+ court. The mayor and commits
.iooers as well as counsel for the
a'noerty owners and Tibbetts q
p,csanf. contractors. agreed there
srs so many legal aspects and ques-
80 pertaining to this project that
,bs rity commission is powerless to
,s,te the controversy. All protests
N property owners were overruled
D The matter may be taken into
court without delay and an early ad-
indication obtained.
More than score OF Peoria prop
,rtv owners attended Fridays COM
,,i.sion meeting at which the hear
,,y{n this paving was held Frank
u7lgooden represented the county
commissioners, John X. Woodard
,ppeared AZ attorney for Tibbetts 4
Pleasant and l.. w. Pratt represented
NE property owners as their at
torney,
Pratt contended the original con-
tract LET by the county commissions
srs for paving the road to Skiatook
simulated this 1S-foot highway
,hould extend to the viaduCt iust
rorth OF Admiral, and insisted that
tbIs contract is still binding. lie
declared also that the bond issue
ofEl750.0OO voted for hard-surfaced
highways In Tulsa county was TO
bulld county roads and not state
roads, and as such Is not suscepti-
bic to the state road law which pro-
yldes that state road money caDAal
be spent within clty's corporate
limits
Paving Costs Too High.
His protest on behalf of the prop
cfy owners set forth that the bene-
M 10 be derived are not consistent
with the high cost OF this improve
ment even deducting the amount
offered by the county commissioners
20 pave all portions OF the half-mile
stretch not in the city This outlet
10 the north will be a benefit TO the
entire city even more than to the
abuttng property, Pratt declared.
and the burden OF cost should not
iall on property owners who live
there.
Speaking for the county commits
soners, Wooden said when the orig
aal contract for this county road
project was let to j. 7. Lantry, the
half-mile stretch in question was not
p Ia the city limits. Later, when II
was annexed. that portion OF the con-
tract was automatically Cancelled in
accordance with the state law.
Wooden inferred that the Skiatook
road has always been a state high
way and az such is governed by the
slate road law
Another reason the county could
not pave this stretch, he said. Is
that the Tulsa Street railway ex-
tended It's line from Admiral north
on Peoria as soon as the additional
territory was annexed, and that the
contract was not such as would force
the contractor to lay two lines of
paving, one on each side of street
railway tracks. The contract. he ex-
plalned, provided only for one strip
ot paving ls feet wide.
However, he said the county COM
missloners have agreed 10 pave all
portions Of the half-mile stretch that
are now in the city. This includes
that part abutting the Mary Barton
tract The o. i. & Il. company,
although not in the city limits, has
agreed to pay cash for its portion
Of the paving.
Tate Brady Talks.
Tate Brady informed the commis-
Uoners that Dawson township has
voted bonds to build a hard-surfaced
I'D connecting the south terminus
{ihe Skiatook road with the north
tht OF Main street, and that work on
hls project has been commenced.
Brady declared paving prices in the
cry and in the county are not con-
sstent Mayor I. ID. Evans replied
mat after a weeks trial OF the lrv-
hg place paving suit, no one testi-
'ed that these prices were incon-
aJent because OF the five-year
maintenance bond, necessity for TAX
hg paper instead OF cash, encoun-
lsring OF water lines and other OBJ
NructiOns by the city contractor.
lhe county road contractor has
HTaight sailing and is not bound by
maintenance bond, the mayor
pointed out, adding that the county
contractor receives his pay In cash
every 30 days.
Ihere are so many questions and
J veh'raets involved in this North
tsoria project that this commission
without authority to make a final
NNrmination," the mayor eXplaiV Ved.
lhe project is allowed to drop
Is now and the protests are sus-
AIMED, 1t may be five or ten years
vslore this street will be paved. II
ms TO me this matter should be
a1en into district court, which has
IEulcuon and power, and there
"uled permanently"
an atfirmatiye vote was returned
VI motion 70 this effect.
Another Protest Heard.
as result OF the hearing over
pa'lng district No. 373, which COW
s about two blocks on Waco ave-
.ue' II was decided 10 refer the pro-
wss TO the city attorney for a report
w Friday. Commissioners IL. f..
s"olock first made motion that
~. s contract with Tibbetts & Pleas
De cancelled but later withdrew
~, ~ motion and moved that the city
vso,ney give his opinion as to
'0ked. "''
property owners, attorneys and
~ contractors are to meet before
80 Hday and discuss the project,
ny, was intlmated Friday they
IN ieach a conclusion satisfactory
both sides.