REPORT ON DISTRIBUTION OF MOTOR FUEL TAX

ARIZONA HIGHWAYS Commission Lets Verde Bridge Contract

February 1, 1932 The Arizona State Highway commission met in regular session at 9:20 A. M., February 1, 1932, in their offices in the Highway building. Those present were Chairman Addams, Vice Chairman Hart, Commissioners Barth, Mansfield and Trengove, also the state engineer, secretary and Attorney Salmon.

Commissioner Mansfield brought up the unemployment situation in Tucson, stating there was a group of men working on a mountain road and it had been called to his attention that the state had some old powder which had been given to the state by the government. The authorities were desirous of using two or three boxes of this old powder to help in the building of this road, thus furnishing men employment. Chairman Addams stated if they wanted it he would be glad to give it to them but believed the powder was dangerous to use. State Engineer O'Connell stated that was true of dynamite but not of Picric Acid. It was regularly moved by Commissioner Mansfield, seconded by Commissioner Barth and unanimously carried, that the two or three boxes of explosives, requested by the Tucson authorities, be given to them to be used at their own risk.

Motor Vehicle Superintendent E. м. Whitworth, appeared before the commission and presented an agreement prepared by the attorney general to make Possible the registration of common carriers. Commissioner Mansfield raised the question if the motor vehicle superintendent could make a stipulation and Chairman Addams asked if they could make it stick. Attorney Salmon stated, yes, if the common carriers voluntarily tendered an amount, which the division would not accept as full payment and the division so indicated their attitude. Chairman Addams stated that Commissioner Mansfield had been called on the telephone concerning the stipulation with Judge Sloan and he had not been in favor of it until such times as it was discussed with the commissioners; that Commissioners Trengove and Hart had been contacted but Commissioner Barth

Recapitulation of Report on Distribution of Motor

Recapitulation of Report on Distribution of

MARCH, 1932 ARIZONA HIGHWAYS 13

had not been called. Chairman Addams stated he believed this matter should be left up to the attorney general and the superintendent of the Motor Vehicle department. Attorney Salmon stated he would assume the responsibility and Commissioners Mansfield and Barth stated they had no objection to the matter being left to that status.

Right of Way Problems

Mr. Seiboth of the right of way division outlined the results of his investigation into the right of way from 24th street east on Van Buren, stating he personally had endorsed to assess the damages for every piece of encroachment and had been accompanied by Jack Williams, house mover, and Charles Martin. Their estimate of the whole thing excluding the property of Mr Lombard amounted to $7,800.00. Mr. Seiboth stated Mr. Lombard stood fast in the demand for $10,000.00 damages to his place, that Mr. Williams had made an estimate of $4,000.00 as the cost of putting up a building exactly like Mr. Lombard's in a new position. That there was an attitude between these property owners, they not only wanted their property moved but they also wanted cash damages besides. Chairman Addams asked Vice Chairman Hart to take the chair and moved that Mr. Martin be requested to appear before the commission in the afternoon and talk the situation over. The motion was seconded by Commissioner Mansfield and unanimously carried.

It was regularly moved by Commissioner Trengove, seconded by Commissioner Mansfield, and carried, that the official minutes of January 4, 1932, be approved.

It was regularly moved by Commis sioner Hart, seconded by Commissioner Trengove and unanimously carried, that the official minutes of January 14, 1932, be approved. State Senator Harry Hill appeared before the commission with a delegation of Greenlee county citizens. Senator Hill stated the delegation again was ap pearing before the commission with a request that the Duncan-Clifton road be made a state highway and included in next year's budget. Chairman Ad dams stated he would like to ask a question or two of the delegation.

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Chairman Adams stated several complaints had been received about the way the work on the Coronado Trail had been handled, also several petitions. He asked if, in the opinion of the people of Greenlee county, "are we doing work there, or just giving them a meal tick et?" Senator Hill stated that he thought every man who had looked at the job would say the men were doing very good work, and the department had a foreman very much interested in his work but there were a few cases of disgruntled employees.

Highway Work Praised

Mr. Minor Simms, member of the delegation, stated it was unfortunate these petitions had come down and he believed Foreman McGavic was handling the job in good shape. He felt sure Greenlee county appreciated the help they had gotten. Supervisor Witt also stated he believed the department was getting one hundred per cent for every dollar of the state's money being spent on the Trail. He stated the road from Clifton to Duncan gives an outlet to the Coronado Trail into Duncan and Lordsburg and the reverse. Supervisor Sam Foster stated the road was a tax proposition that Greenlee county was up against; that what the county wanted to do was to turn this road over to the state and later on get what help they could on the road. Mr. Pete Riley, mayor of Clifton, said he could assure the commission they were getting full value for their money expended on the Trail. That he knew of the petitions and had refused to sign them. He stated the people of Clifton would appreciate consideration of the Duncan-Clifton highway in the coming budget.

Chairman Addams inquired if it was the delegation's ideas to have the Duncan-Springerville highway made a state route. Senator Hill stated that was the first step to be taken and the delegation would appreciate the commission considering that thing and doing everything they could towards it. Commissioner Barth moved that the road from Duncan to Clifton be taken in as a state route. The motion was seconded by Commissioners Hart and Trengove, and carried, Commissioner Mansfield not voting.

Chairman Addams asked the state engineer if there were any funds available which could be transferred to the work on the Trail. State Engineer O'Connell stated, no, it would be necessary to kill a project and the department would have to kill some project to finish up the contracts now going. Chairman Addams told the delegation that if there was anything the commission could do to relieve the situation, they would be glad to do so.

The next order of business was the sale of obsolete surplus supplies. Purchasing Agent Mann stated his department had mailed out tabulations asking for bids on Chevrolet and Ford parts and had not received any bids.

Tractor Purchased

The commission next considered the following tabulation of bids received on "60"-"75" Tractor as advertised.

Commissioner Mansfield moved the award be made to the low bidder, the Arizona Tractor and Equipment company, on Items No. 1, first column, "60" Caterpillar Tractor. The motion was seconded by Commissioner Trengove. Commissioner Hart stated the "60" could not be used on the crusher. Commissioner Mansfield asked where the equipment was to be used. Commissioner Hart stated at Douglas; that a "60" was now on the crusher and was not pulling fast enough. Commissioner Mansfield withdrew his motion. Commissioner Barth stated he thought the department was getting more for its money on the "75" Allis Chalmers Tractor as it developed 78 horsepower. State Engineer O'Connell stated the "60" they had would not do the work. Commissioner Mansfield then asked the state engineer if he did not make a recommendation when he said the others wouldn't do the work. Mr. O'Connell stated he was not making any recommendations because he did not know any of the tractors. It was regularly moved by Commissioner Barth that the bid of Neil B. McGinnis on one Aliis Chalmers "75" Tractor be accepted. Chairman Addams asked if the department absolutely needed a new tractor. Mr. O'Connell stated absolutely. The motion was seconded by Commissioner Hart and carried, Commissioner Mansfield voting "no," and Commissioner Trengove not voting. The secretary read a letter from Attorney H. S. McCluskey asking permis-sion to file suit against Heitsch and Bit-ten and their bondsmen in the name of the state. Chairman Addams raised the question of contractors making affidavit to the highway department that all bills against their projects are paid, before a final settlement is made by the depart-ment; and then it was found out after-wards that many bills against these con-tractors are not paid. The commission then discussed a number of companies in this respect. Attorney Salmon advised the commission they could refuse to pre-qualify such contractors. It was regu-larly moved by Commissioner Hart the matter be taken up with the attorney general and carried over until the next meeting of the commission. Mr. Hart withdrew his motion. Commissioner Mansfield moved the matter be refererd

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to the next meeting so the attorney general's office would have an opportunity and the time to work out the proper set up for this particular matter that we have in force. Attorney Salmon read the law from the Revised Code of Arizona. It was regularly moved by Commissioner Mansfield that every person who shall have filed with the department or division an affidavit that all bills have been paid and they have received their final estimate on a contract, when, as a matter of fact, such bills have not been paid, shall be refused plans and specifications. The motion was seconded by Commissioner Hart. On roll call Commissioner Barth voted. "yes," Commissioner Hart "yes," Commissioner Mansfield "yes," Commissioner Trengove "yes," and Chairman Addams "yes."

The secretary read the following resolution authorizing the Rio Grande Oil company to sue Heitsch and Bitten and their bondsmen in the name of the state.

It was regularly moved by Commissioner Hart, seconded by Commissioner Barth and unanimously carried, that the resolution be approved and permission be given the Rio Grande Oil company to bring suit against Heitsch and Bitten and their bondsmen in the name of the state.

Attorney Salmon was asked concerning the Yglesias Brothers and Tenney and Black controversy, which had been referred to him at the previous meeting. Mr. Salmon stated he had not had time to make a recommendation on it and it was referred to the next meeting.

The secretary read a letter from Chairman Addams regarding statements filed by contractors including whether or not there were any judgments or warrants pending against the bidder.

The secretary read a report from Mr. Ira W. Wagnon, right of way agent, stating there was not provision in the corporative agreement between the United States department of agriculture and the highway commission of Yavapai county, relating to cattle guards, fences, or similar structures in the maintenance of the White Spar section of the Phoenix-Prescott highway.

Consider Verde Bridge Contract

The commission next considered bids for the building of Camp Verde bridge, A. F. E. 9002.

Chairman Addams informed Mr. Packard Commissioner Trengove would like to ask a few questions. Commissioner Trengove stated he was very much interested in the labor in the Verde disterested in the labor in the Verde dis

MARCH, 1932 ARIZONA HIGHWAYS 15

District, that he had been told there were between three and five hundred men out of work nd he would like to know, if Packard and Tanner were awarded the contract, how they would feel about employing the Verde men who were out of work. Mr. Pekard stated they had their own gang who were all old Arizona men but they would fill in from the district in which they worked. Commissioner Trengove asked how many men be would bring in. Mr. Packard stated he had about 50 men who were old timers with him and who all wanted jobs. However, there were not very many men whom they could not get along without. Commissioner Trengove asked concerning the laborers, in what proportion Mr. Packard could work them in. Mr. Packard stated all they wanted was a guaranty of efficiency, they would use most anybody; that they always tried to adopt the policy of employing, as much as they could, local labor. Commissioner Trengove stated it did not look very good to him for the men up there getting much work the way he suggested. Mr. Packard asked what he wanted him to do. Commissioner Trengove stated to agree to hire all laborers he would need in there, that the men who were going to do the labor should be men from that district. Mr. Packard stated they expected to employ local la bor as much as they could but they had some men with them whom they had trained to do their work. Chairman Addams stated, "Foremen or anybody like that, yes; but shovelers in Yavapai county are just as good as those in Benson. This contract was a secondary consideration to take care of the unemployment situation in Yavapai county. The question comes, if other than Yavapai county men, laborers, are going to be put on there, there is no use spending money." Commissioner Trengove asked, could they work half Verde men. Mr. Packard stated, "I think we can. I tell you we will co-operate with you." It was regularly moved by Commissioner Mansfield, seconded by Commissioner Hart and carried, that the contract on the Verde Bridge, A. F. E. No. 9002, be awarded to the low bidder, Packard and Tanner, Phoenix, Arizona, in the amount of $48,846.00, which does not include ten per cent for engineering and contingencies, provided, said contractor meets all requirements including the employment of local Arizona citizens, pays a minimum wage of $4.00 per day for laborers, furnishes good and sufficient bond, and, provided further, thatrequirements of bond include the payment of total amount of damages the state may sustain by reason of the contractor failing to complete the contract within the time limits, as provided for. The state engineer was authorized to sign said contract.

More Detail Required

Mr. Hatcher appeared before the commission in connection with a letter from Chairman Addams concerning contractors' statements and stated that he could require the contractors to furnish a statement of liabilities and outstanding bills in more detail. Chairman Addams asked Vice Chairman Hart to take the chair and moved Mr. Hatcher ask the contractors to file statements in accordance with the letter read by the secretary. The motion was seconded by Commissioner Barth and carried. Mr. Trengove was absent. Mr. J. R. Barnette and Mr. A. J. Kellis appeared before the commission concerning a piece of right of way west of Wickenburg. Mr. Barnette stated he did not want to do anything to stop the highway but it seemed the department had forgotten to straighten the right of way out on a piece of property with Mr. Kellis before the contract got going; that Mr. Kellis, whose land adjoins and is

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Partly within the city limits, had deeded five lots, immediately joining this land in the surveyed portion of Wickenburg, to the town for the use of the highway free of charge, then asked $500.00 for this strip of 300 feet and that he believed the land was worth more than ordinary désert land. Mr. Kellis stated Mr. Barnette had spoken his sentiments, that he did not wish to cause the highway any trouble but he was asking $500.00 for the acréage in question and all he wanted was a settlement. The secretary read a report from Mr. Wagnon to Assistant State Engineer Small on the land in question, stating there were six acres involved with the recommendation the state pay $50.00 an acre. Commissioner Mansfield stated he was not familiar with the land in question and did not feel he was qualified to discuss it and vote on it. Chairman Addams stated he had never seen the land. Chairman Addams asked Mr. Kellis if he would consider any less than $500.00. Mr. Kellis said he would but would not say how much less. Commissioner Hart asked him if he would accept $250 for the total six acres. Mr. Kellis stated that was mighty little, that he should get at least $500.00. Mr. Hart stated the land was not worth $500.00. Mr. Kellis stated he ought notconsider $250.00 as it was worth more than that. Commissioner Hart asked him if he would consider $300.00. Mr. Kellis stated "yes." It was regularly moved by Commissioner Hart that, in accordance with the recommendation of the right of way division, the department offer Mr. Kellis $300.00 for the total number of acres. The motion was seconded by Commissioner Barth and carried, Mr. Mansfield not voting.

It was regularly moved by Commissioner Barth, seconded by Commissioner Hart and carried, that the commission recess at 12:00 noon to reconvene at 2:00 P. M.

Afternoon Session

The commission reconvened at 2:00 P. M., all members present.

Mr. Barnette again appeared before the commission requesting that a labor inspector be sent to check up the contract of Skousen Brothers at Wickenburg. Chairman Addams asked Mr. Hart to take the chair and moved the state engineer be instructed to send an inspector to contact the contractor as soon as possible. The motion was seconded by Commissioner Mansfield and carried.

It was regularly moved by Commissioner Mansfield, seconded by Commissioner Trengove and carried, that the following resolution transferring funds in the amount of $24,664.27, be adopted.

Chairman Addams asked Vice Chairman Hart to take the chair and stated there was something he would like to take up with the commission, which he did not know whether the members of the commission were aware of or not; that he, himself, had just discovered it, and that was advances which the department had made to the various engineers and officials of the department for traveling expenses. These advances being in sums amounting from $150.00 down to $50.00 and totaling approximately $2,000.00 taken from the imprest fund; that he did not see why they should have such a fund as they get their expense accounts on the first and fifteenth of each month. State Engineer O'Connell stated this had been a practice since the beginning of the state highway department; that the former commission had ruled no expense account could be put in for less than $20.00 to keep the bookkeeping down; that he would recommend the money be put back over a period of a few months. Chairman Addams stated he did not see why the department could not do the same as a big firm would do in making these allowances; namely, to make the advances

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and when the party returned from the trip, the balance be turned back to them with their expense account. Mr. Addams read a list of advances that were being carried on the books. After some discussion, Mr. O'Connell stated he would take the responsibility of cutting them down. Mr. Addams stated that would be agreeable with him if Mr. O'Connell would report back at the next meeting whatever his recommendation would be.

Van Buren Paving Ordered Mr. Charles Martin, at the request of the commission, appeared concerning the right of way on East Van Buren street. Chairman Addams asked Mr. Martin what was the situation on East Van Buren street right of way. Mr. Martin stated there were some people who would not give their right of way and who were trying to take advantage of the highway department; that he had talked to these people and they were not even assuming a fair attitude. He stated he did not recommend giving them a cent more than they were entitled to; that he hoped the commission could find it in their means to provide for the widening of the street by taking care of the right of way, as the employment situation was bad and practically all the money necessary had been appropriated with the exception of the right of way. Chairman Addams stated it would be impossible to do that as a certain amount of money had been set up in the budget and that was all that could be spent. Chairman Addams asked Mr. Hart to take the chair and asked Mr. Martin if he thought he could get all of the right of way necessary as far as 24th street if the commission went on record approving $7,200.00. Mr. Martin said the commission would have to bring condemnation proceedings against Mr. Lombard. Chairman Addams asked Mr. Martin if he thought it would be better to go ahead and use this money now and take it out of next year's budget, if he thought they would come to time then. Mr. Martin said "no," the position of today is the position of tomorrow." The chairman asked if Mr. Martin thought it would do any good to pave as far as Tovrea's Packing Plant and stop and say generally we are finished. Mr. Martin stated, "Yes, you either provide or here we are." Mr. Mansfield stated he was in favor of going ahead as far as possible and moved that the engineer be instructed to call for contract for the widening of East Van Buren street starting at the Tempe Bridge and paving westward to the vicinity of the Packing Plant. The motion was seconded by Commissioner Hart and carried.

The secretary read a letter from A. E. Mann, purchasing agent, concerning the publishing of Notices to Bidders in the Southwest Builder and Contractor. It was regularly moved by Commissioner Mansfield, seconded by Commissioner Barth and unanimously carried, that Notices to Bidders not be advertised in the Southwest Builder and Contractor.

The secretary read a letter to W. O. Greer, superintendent of the Utah Construction company, from G. L. McLane, of the federal bureau of roads, regarding the employment of local men on the highway in Oak Creek.

The secretary read a letter to Governor Hunt from Senator G. W. Nelson regarding the oiling of the Winslow section of 66. It was regularly moved by Commissioner Mansfield, seconded by Commissioner Trengove and carried, the communication be received and filed.

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