Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-10-25
COUNCIL INSISTS
on GOOD PAVEMENT
Rejects Work on South First
Avenue and Demands Ful-
fillnent of Contract
---
LEGAL OPINION is GIVEN
LEGAL OPINION is GIVEN
City Solicitor Van Law, With Outside
Counsel, Prepares Lengthy Opinion
Of What Result Would be it WORK IS
Acknowledgements Report Filed
Action an Important Ono.

The city council, at It's auJoulAS
meeting Monday night. took an i1npoi
49,. action in absolutely rejecting the
street improvement work on oous''
u,,,, avenue, between Church an"
the Northwestern tracks, and denlaii"
ing of the contractors, Ely u Dui''''
a completed work according 10 WV
oontract Members Of the couheli
h,va visited both Cedar Rapids anu
Des Moines, Witnessed the charae'e'
ac brick pavement laid with cemell.
amor and are unanimous in the oplh-
;an that the cement filler, laid accoro-
ing to the specifications called loi ~
the contract, is just what the '.'
vents Pavement laid seven years IN
Das Moines can not be broken Wiiele
.ta cament has set, and staliuilie
ravard of $50 was offered the Vlsitots
,f they would take out from any p'eeV
-, tho street a brick without breaking
1t.
The members Of the council express
cd their opinions quite freely Wtel .iie
n,,tter came to a vote, upon fesoiu-
,,on offered by Mr.. Kreutzer. IN which
ina demand was made by Ely ~ Dunn
| ,hat thew remove all defects set 1orlh
and designated in the engineers re-
mort and all other defects where uhs
same fail to comply with the coil,iao.
Mr.. Mcbride was OF the opinion liA'''
the second filler that has been altelilp
INC a,a,ter than the first. Mr.
Henry was of the same opinion, anu
believed that the engineer had been
little too severe In his report. MI
Y r.utzer was convinced that the paw
inp was not good, and Mr.. Abbott salo
he could not conscientiously vote ~
accent. the street the condition IL WAS
now In. Mr.. Abbott gave as ms opiii
ION that the condition OF the stfee'
was due solely to the lack or proper
experience on the part OF the contrac-
tors An experienced cement liliei
man should have been employed on the
work. He was thoroughly convinced
from his personal inspection OF other
pavement that the cement nller was
not a failure, aud referred TO the LES
Moines and Cedar Rapids paving. ne
said that IL the council accepted une
paving in the condition 1t Is now IN
1T meant trouble and lots OF 1T.
Mr.. Iseman thought that the coun-
eli should not draw the line too
closely, in view of the fact that the
council itself, at the time the WORK
was done. did not know much apou'
cement filters He thought that the
work should have been stopped before
II was completed, and not refused after
it was all done.
Mr.. Ingledue regretted that the mat
ter had to come before the council, bus
under the circumstances he could not
vote to accept the work, He believed
the property owners who have to pay
for 1t should be protected. and 1t was
the councils duty to see that the pave
ment was first class In every respect
and worth every cent Of the cost to the
pronerty owners. Mr.. Ely and Mr.
Dunn were both personal friends OF
his. and he did not like to see them
suffer financial loss, but they should
have taken the precaution to have
EMPLOYED experts on the work, and as
thew had not it was their fault, and
not that of the council.
Mr.. Webster spoke In closing the dis
cussions. He said he had no interest
in the rejection excepting that OF the
property owners. No member OF the
council who had been to Des MONIES
and witnessed the character of the ce-
ment filler paving there would vote
otherwise than to reject the work here
If the paving is accepted the city VIII