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April 28, 1925 <br /> <br /> 5~h. #Ism in_receipt of a letter from the Department of 0ommerce, Bureau of S ~t~ndards, <br />in which request is made that the City send a representative t_o the 18th A~u:_~jal Oonvention <br />on Weights and Measur~es. <br /> <br /> The Director of l~blic Welfare has recommended that Mr. Ho H. Matthews be sent <br />to represent the Oity and an~appropriation of $50.00 to pay for the necessary expenses at <br />this session be made. <br /> <br /> ~X realize that much benefit will probably result from Mr. Matthews attending a <br />convention of this kin~ but at the same. time it seems best to me for the present at least <br />that attendance on conventions be limited to department heads and not extended to assistants <br />in various bureaus of the several departments. <br /> <br /> I therefore regretfully reconm~end disapproval of this appropriation." <br /> <br /> On motion of Mr. Oas% the Manager's recommendation was concurred in. <br /> <br /> 6th. #I am forwarding herewith petition from cer%ain'm~rchants in %he City Market asking <br />that Middle St. be opened, into Second St. . <br /> <br /> While this would be desirable for mauy reasons, the Cit~ is not in position fi- <br />nancially at present to undertake it and I am therefore compelled to make an adverse recommenda- <br />tion in regard to it." <br /> adverse <br /> On motio~ of Mm. Brooks, the/~ecom~endation of the ~nager was concurred in. <br /> <br /> 7th, Presented the following report of lot sold inOak Grove 0eme`tery during the month <br />of Na~ch, 1925: <br /> <br /> March 9th, W. J. Bohannon, E~tensicn Ave. J., 18-20. f.t., these lo.ts have never been platted. <br /> <br /> On motion of Mr. OuSt, ~he Oity Attorney was instructed to draft deed for the lot, <br />smd the ~oper Oity Official~ to execuSe same. <br /> <br /> 8th. "! am inclosing herewith, dmawing showing layout of power lines for. f~_vnishing <br />light to the Keeper's residence, and to the golf club house at the C~ty Park. As indicated <br />a~ underground 2300 volt cable will be required from the southeast corner of the park '.to <br />the keeper' s house and a pole line- from the comfort station on the wes.t side of Shoe park to <br />the golf house. <br /> <br /> -These lin~s are essential amd it is recommended that am appropriation of $952.00 <br />be made for the purpose." <br /> <br /> On motion, the recommendation was referred to Finance Oommtttee. <br /> 9th. "T~e Southern Brass Works has offered to co-operate with the ~ity in establishing <br />a fire alarm box near its property which will also be available for the public. The C0mpamy <br />offers to purchase the box costing $15Q. O0 provided the Oi~ty will bear the cost of the in- <br />stallation which is $?5.00. A special appropriation of $~5.00 for this purpose is recommended." <br /> <br />On motion, the recommendation was referred to Finance Committee. <br /> <br /> loth. "In ~o~_uection with the ¢ont~ac~ of Messrs. Duke and Smith for the'erection of <br />the City Market, a difference of opinio$ has arisen between the contractor and the Building <br />Inspector as to the cause of certain de~ects in the walls of the building which have resulted <br />in leaksge through the walls during driving rain storms. The contractor claims that the <br />leakage is due to defective plans and specifications, On the other hand the Building Inspector <br />takes the positLon that it is caused by defective workmanship. <br /> <br /> The contracto~ is also~aiming &'~onmm for twenty-eight days at $25.00 per day <br />and $85~.00 for ~m~ges amd delays caused by overflowing of the storm sewer amo~tn~ting in <br />all to $1,550.00. <br /> <br /> I am persomally inclined to the view of the Building Inspector hut as the con- <br />tractor h~s'some arguments in his favor, l~'seems to me that the best way to settle.i$, with <br />the authority of the Oeuncil, will be to submit the questions involved to arDitration. <br /> <br /> The contractor sta~es that he is willing to proceed to apply waterproofing to <br />the walls provided the Oity will first agree that the ~uestion whether this work is required <br />under ~he contract without extra compensation shall be submitted for final decision tc three <br />disinterested ar~....m~ers, one to be sele,$ed by theOiiy, one by the cont=actor amd. these <br />two ~ Belec~a~l~itd, t~hc shall be a duly licensed architect, of the0ity'of No~folk; the <br />decision of the majority of these three to be final and binding on the contractor a~d the Oity. <br />If the finding is for the.contractor he is to be paid~ the City as considerat$cn for extra <br />work umder the contract and in addition to the contract price the actual cost of the extra <br />work plus 10~, the total cost being guaranteed not to exceed $900.00. If the finding Ss in <br />favor of the 0ity the contractor is to pay the cost of the work which then would not be o~n- <br />sidered as extra w~rkundsr the contract. In addition, I am of the opinion that the other <br />claims of the contmactor amo~mting ~o $1,550.00 as explained above should be settled by the <br />same arbitration board. <br /> <br /> I could executively authorize ~his e~vbitration were i~ands available to settle <br />a possible adverse decision age,inet the O[ty. Since, however, an adverse opinion will <br />quire an additiomal appropriation Dy the 0cu$~ci~, I mmreferr~r~g~ the questio$ to it With <br />the recommendation that I be a~thorized to go into the arbitration and thereby possihty incur <br />a liability not exceeding $2,450.00." <br /> <br /> <br />