Fairhaven herald. [volume] (Fairhaven, Wash.) 1890-????, 1891-08-06

property could be assessed for
the construction of sub-sewerS; while
another act provided for the
bonding of cities, and construction
from the general fund. He had only
given the matter brief consideration
and would look into the matter fur
theT.
Mayor Wilson said that he had been
of the impression that sewers would
be constructed by general tax and the
matter should be carefully looked
into and definitely settCd.
Judge Maxwell addressed the cOun-
Gil in relation to the crib work on Me
Kenzie avenue, which had been done
by Garvin & Zurn. There was no con
troversy he said, that the work had
been performed; the city had received
the benefit of the work, and an
amount of 81 ,4I7 .06 was due his clients
which they desired paid. He also re-
ferred TO the EyansTcmplin-Mundy
contract, and the difficulty arising
among co-partners, in which the city,
however had no part. He held that
the city was primarily responsible for
all debts contracted in performing
work, where a satisfactory bond had
had not been given TO the state. He
asked the city for nothing which
would jeOpardize it, and in this case
he could see no possible reason why
the money should not be paid.
Mayor Wilson said that there were
peculiar circumstances surrounding
the case, The bOndsmen Of the origi-
nal contractors had undertaken to
finish the work, and then Il receiver
han hanp anfninfn1 ri hA laftnp ,t,rt,
Il bond for the performance of the
work.
Judge Maxwell further remarked
that the bond given by the receiver
did not cover this case, and could not
take the place Of the bond cOntcm-
plated by the statute.
Mayor Wilson said that the city
council had always endeayOred to pro-
tect labor, certain amount had been
retained TO cOYcr such claims, and he
believed that the city was not receiv-
ing proper usage from the receiver,
whose conduct in the matter seemed
to be rcprehensible. The city council
was willing TO consider the matter.
E. 5. McCord, counsel for receiver
DOugan, said that he was ready to
have the money paid over to Garyin &
Iurn il the correctness of their claim
was established, and an order could be
received from the court ordering the
receiver TO do so, which was the easiest
way to have the matter settled. All
his client wanted was to receive "A
final estimate from the city engineer
and all claims would be paid.
Judge Maxwell continuing said his
clients had nothing to do with the re-
cciyer Of the Thirteenth street con
tract, the city was responsible he be-
lieved. and was in no way party to
the suit between partners in the con
tract.
City Attorney Howard said that he
thought before final settlement be
made that an appearance should be
made in court in the interest Of the
city. The disposition Of himself and
the city council was to pay all bills for
labor and material.
Councilman Christopher said he was
opposed to paying another dollar on
the contract until all accounts were
filed, and the mayor remarked that
that was the general feeling
Mr.. MCCOrd said the whole matter
would probably be completed by next
Wednesday and he would like the en-
gincer to make a final estimate by
that time, so that all claims could be
| adjusted. Further consideration Of
the matter was deferred until next
meeting.
A communication was read from
| Samuel Curry, president Of the A. ID.
| II. company, on the placing of the
| Gamcwcll Fire Alarm system in the
city. Referred 20 fire committee.
| Councilman Christopher said that
his attention had been called TO a
violation OF the fire ordinance in the
construction Of "A shed between Elev-
enth and Twelfth streets. The city
marshal was instructed 10 order the
removal Of the building.
An ordinance, providing for the
ratification Of the sale Of $ljO,OOO In
! bonds, To the Rollins Investment
company, and the numbering of the
same was place on final passage and
adopted.
An ordinance regulating the pay.
ment Of warrants by the city treas
urer was referred to the city attorney
and executive committee 10 report.
b. f.. Musser addressed the council
in reference to the proposed Donovan
avenue extension 10 lake Paddcn.
f.. A. Mcfarland, assistant city en-
gineer, stated that the survey Of the
route would be completed on Thurs
day, and the matter was laid over I'M
til the special meeting, which will bt
held on Friday afternoon, and the
council adjourned.