The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1888-04-05

Committee on streets and alleys re-
ported unfavorably on bill of U. G.
Spencer for $75, and report adopted.
The following communication from
Holly Manufacturing Company was
read, and on motion it was referred to
the mayor and committee on water
works to secure legal advice and
report.
LoCKPoRT, n. Y, March 80, '8s.
To the Honorable Mayor and Council of the
City of Emporia, Kansas.
GENTLEMEN: On the oath inst, the
Holly notwithstanding company received
by mail communication from your
city signed ''E. Ford, city clerk" in
forming it that its communication Of
March 10th inst, was presented to the
City Council March 18th, and that the
propositions therein made were re-
jected; that the claim for extras, in the
bill accompanying its letter, on account
of embankments In reservoirs, was dis
allowed; and at the same meeting the
City Council adopted the following
resolution:
WHEREAS, The Holly Manufacture
ing company have unnecessarily de-
layed and refused to complete the res
ervoirs according to contract, viz: paw
ing the same with stone laid in cement
mortar, therefore be it
RESOLVED, That the said Holly
Manufacturing company be given
thirty days notice TO cOmmenc
and vigorously prosecute the paving of
said reservoirs to a speedy completion,
or the city of Emporia will cause the
same to be done at the expense of the
contract of the said Holly Manufacture
ing company" and that this company
was notified accordingly as provided in
/ that resolution.
From this action it is apparent,
First. That the claim of this COM
pany against the city of Emporia for
S25. 447.sO extra compensation to be
paid to this company on account of
&c, 354 cubic yards ''earth embark
ment,' - material excavated and placed
| in the entertainments of two reservoirs
constructed by this company, for said
city. under their contract dated Janu-
airy 18th, 1887, not being ''earth" but
different material, not contemplated
by the contract, and very much more
expensive for this company to ex-
caYate, and place in the embank-
| ments, than the 'earth'' named in
said contract; which claim is disputed
| by said city and rejected.
Second-That the claim of the city
| Of EmpOria that this company should
line the inner slopes of said two reser-
/ VOirS with stone paving twelve inches
| thick, measured at right angles with
the face, all stone to the full depth
/ passing entirely through the wall and
varying in thickness from six to twelve
| inches, but at least one-half of them
having a thickness of eight or more
| inches, all the stone in each course to
be of uniform thickness, all to be of
good shape, bedded and jointed en-
tirely through the pavement, no
feather-edged stone or stone of vari-
able thickness or width to be used
beds to be laid at right angles with the
| face of the slope, the face to present
uniform surface, and all to be laid in
hrSt-class cement mortar with all joints
| pointed, that said pavement be placed
| Immediately against the inner surface
of the entertainments of said reservoirs
without the interposition between the
two OF an inner lining of broken stone;
which claim the Holly Manufacturing
Company disputes, are respectively
questions Of dispute between the city
OF Emporia and this company, to be
settled by reference to s'Chief En-
gineer j. d. Cook" under that clause
of said contract which provides that
all questions of dispute as between
the party of the first part and the
party OF the second part will be set
tied by reference to Chief Engineer
g j. D. Cook. -
Under this provision of the contract
the Holly Manufacturing Company SO
refers said respective Questions of
dispute" to "Chief Engineer J. d.
Cook" TO be settled and respectfully
notifies the city of Emporia thereof.
requesting that it unite in such re-
ference.
It is respectfully suggested to your
honorable body that its speedy action
to the effect requested cannot fail to
promote the interests Of the city Of
Emporia as well as those of the Holly
Manufacturing Company, both of
which are mutually Interested in the
prompt and orderly settlement of
these Questions of dispute'' which |
have so unfortunately arisen.
Respectfully,
7. T. FLAGIKR.