Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-12-29
Council Orders Levy of Special
Paving Tax Over Protests
of Property Owners
APPEAL TO DISTRICT COURT
That is First Recourse Had by Prop
erty Owners Who Object to the As
sessments = Twenty -one on West
Church and South Fourth Avenue
File Their Objections.

The city council. at its adjourned
meeting, held Monday night to hear
objections to and make the assessments
on the paving of West Church stree.
and South Fourth avenue, levied the
special paving tax according to the
assessments as returned in the report
of Engineer William Bremner, after
having listened to the prayer of pro-
perry owners who had filed written OBJ
jections to the proposed levy and as
sessment. Twenty-one property own
ers have joined in the objections, and
the first step they will take. now that
the council has acted against their
wishes. is an appeal TO the district
court. This will be done, SO say the
attorneys representing the property
owners.
The prayers of the different property
owners, are lengthy, covering several
sheets of typewriter. and embrace
about every conceivable objection.
many OF which are stated in several
different ways. They are exactly sim
liar with the exception of the name and
the description of the property. The
text of the principal objections is:
/. That the contract of the city with
the Barber Asphalt Paving Company IS
void because the city was In excess OF
its constitutional Indebtedness.
g The contract is void because II
was secured by monopoly.
8. The contract is void because the
Barber Asphalt Paving Company failed
to perform its contract, ana complete
the work in compliance with the terms
of the contract
4. That each assessment is in excess
of the special benefits. and not in pro-
portion 10 the benefits.
The DIRECTORS allege. in the first IN
stance. that the city had no power or
authority to enter into a contract with
the paving company because OF the
constitutional limitation OF indebted
ress. which exceeded 8 per cent on the
taxable property in the city. The sta
tutory limitation as to indebtedness IS
also referred TO, and ii is Claimed that
the city also exceeded ~ per cent Of
the actual value of the property within
the city.
Under the second count the directors
allege that the Barber Asphalt Paving
Company is the exclusive and abso-
lutte owner of certain asphaltum, known
as Trinidad pitch lake asphaltum Or
Bermuda asphaltum, and that in max
ing the contract all other corporations
we're excluded in the bidding by reason
of the kind of asphalt being SPECIFIED.
This created a monopoly, and drove
away all competition in the bidding.
Under count three 1t is denied thai
any of the work done was according 10
contract. On West Church street 1t IS
alleged that the paving was laid over
points where excavations had BEEN
made FOR sewer and gas mains, and that
the earth had not been sufitcientiy
tamped prior to the laying of the pave
ment. The concrete was not according
10 contract, so the DIRECTORS allege, ana
the binder course was not properly con-
structed. In fact the paving, curping
and guttering is all considered faulty,
and a detriment to the abutrng pro-
perty rather than a benefit.
In connection with the allegation
that the assessments are in excess 0.
the special benefits derived the pro-
perty owners claim that the contract
Is contrary to the paving law, In that
II REQUIRES the city to assess the whole
amount OF the costs to the abutting
pro perty owners, when the law says
that It shall assess against him only
the special benefits.
The property owners who register
objections to the assessments take oc-
casion to call the public's attention, in
the shape of another objection, to the
manner in which the different notices
the paving were given 20
the press. They object to having to-
pay for these notices as published In
the Reflector, the official organ OF the
city. because of the fact that a mem
Der of the council Charles Henry, d
the First ward, is interested in the
publication of the paper, and therefore
interested in having the numerous no.
tees printed This, the DIRECTORS state,
is also contrary to law.
After the council had listened to the
reading of one of the prsyers in full,
and the names of the different object
ors and the description of their several
properties, recess was taken. Upon
Mr.. Abbott introduced a
resolution declaring the assessments