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Trinidad, Las Animas County, Colorado
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A dispute arises over a city contract for street cleaning where bidder Andy Pople allegedly contracted for different terms than specified, leading to repair cost disagreements. The council, after impeachment considerations, decides not to pursue the case. Commentary notes the fluctuating council dynamics.
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The city contract for cleaning and sweeping the streets is like the specifications except it is so very different. In fact, it has been discovered now that the Pople impeachment is a closed book, that Pople bid on one thing and contracted for something else entirely different. As the city attorney explained, the specifications may call for a house to be built of brick and the contract may stipulate a house of stone. But anyway, Andy Pople got himself into a nice little jackpot, but the council was willing to lay down its cards and quit.
The specifications submitted at the time that bids were received for cleaning and sprinkling the streets, provided that certain equipment belonging to the city be turned over to the contractor, that all tools and implements belonging to the contractor when out of repair be paid for by the contractor, but that the necessary repairs on the city's equipment be cared for by the city. In the contract it is specifically set forth that the contractor shall pay the cost of repair to equipment made for natural wear and tear. It is the natural wear and tear that the Poples claim is represented in the bills brought before the council.
It would appear that inadvertently, as it were, a joker had been slipped into the contract. The contractor holds to his rights in looking to the specifications on which he bid. The city attorney contends that the contract takes precedence. In all events, the council took water and did not press its case against the alleged delinquent contractor.
But it is to be noted: Every meeting there is some one or several aldermen who "start something." The entire council becomes interested and there is such a flutter and excitement one would think it was inauguration day at Washington. Next night the "something" referred to bobs up and meets an opposite reception. Those who hitherto would slay now breathe a blessing, those who hitherto would bless would now slay. Tis thus that the minds of men, like the weather, doth change from day to day.
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Discrepancy between bid specifications and contract for street cleaning leads to repair cost dispute; contractor claims city responsibility for wear and tear, but contract states otherwise; council drops case after impeachment.