Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-04-13
PAVING SETTLEMENT
NOW UP % PEOPLE
Council BATTLES Contract Enter
ed Into Between Paving
Company and Mayor
COMPANY OFFERS CONCESSIONS
COMPANY OFFERS CONCESSIONS
North First and Second Avenue Prop
srty Owners Not Called Upon to Pay
Any Interest Until Assessments Are
Made-AII Property Owners Affected
Must Accept Contract-The Terms.

wrestling in caucus all afternoon with
Judge Read and j. H. Killmar, general
counsel and western representative of
the Barber Asphalt Paving Company
practically as the stipulations were
agreed to last week in a conference be-
tween Mayor Ingledue and the Barber
people. The paving company has Of
fered many concessions, and the at
torneys employed by the city believe
the contract to be a good one for the
city and the property owners inter-
ssted.
There was but one thing between the
attorneys for the city and the council
on one side, and the Barber people on
the other, in the caucus held Thurs
day afternoon. 1t was a matter of in
terest due. In the contract that was
prepared by the city's attorneys moth
ing was said concerning the interest
on the North First and Second ave-
nue. paving, which the city has used
now for three years, without the cost
of a single cent. The paving has
never been assessed, because it was
declared defective at the time of the
completion of the contract. Judge
Read found this shortening from his
Viewpoint and insisted on interest be-
ING paid from Now 80, 1908. The city's
attorneys held out for no interest at
all. excepting from the date of the fu-
ture levy. A compromise was finally
agreed to, at interest at per cent
from Dec. 10, 1905, until the time the
levy is made, which will be practically
six months, or in interest 1915. This
amount, however, the city Will pay ana
not the property owners on the TWO
streets in question. The council
agreed to this in view Of the conces-
ssfons on the part of the Barber people,
and for the sake Of bringing to an emu
the extensive and expensive litigation
IL possible.
The contract is a lengthy document,
covering several pages OF typewriter
matter on the agreements, Whlcns Ioi-
INV q long preamble, in which are set
forth the points forming the history
Of the asphalt paving in the city from
40 time contracts were let. Every
niece of asphalt paving in the city
&c included in the contract for set
t,ement SO it will be necessary 1or
every property owner interested pc
tween 500 and 600 in number, to accept
So +arnos of the contract before 1T Will
be in force.
Extends Its Guarantee.
Ss ona of the important phases OF the
contract is the agreement on the par
Of the paving company to extend its
guarantee of the paving five years from
the end of the original seven years
guarantee, making in all twelve years
that the company agrees to keep the
pavement in repair and as good as new.
This includes all asphalt with the .ex-
ception Of the paving between the rails
.inf the street railway company and one
foot outside thereof. An increase In
Shond IS provided for. Another impor-
tar,t item is the payment of attorneys
fees to the city and non-appeallng
property owners, in the total sum OF
$3.50. Still another is the payment OF
certain costs of appealed cases.
Gist of the Contract.
3 The gist of the contract, which the
council ratified and instructed the
mayor and city clerk to sign in tripli-
cate on behalf of the city is as fol-
lows:
i. The paving company agrees to
extend the period of it's guarantee on
all street improvement constructed by
1t, excepting between the rails of the
street railway company and one foot
outside thereof, for an additional period
sof five years after the expiration of the
seven years originally provided for. AS
security for performance of this agree
Sment the paving company will file
bonds in penal sum equal to rs per
cent Of the contract price of the sew
;eral improvements, or so per cent in
excess of the present bond. The COM
pany agrees at all times to maintain
during the period of guarantee such
good and sufficient bond.
II 2. The paving company agrees to
pay to the city the sum of $1,250, $1,000
to reimburse the city for attorneys
fees incurred in the prosecution of ap-
peals in the Calhoun and Brown cases,
and $3.50 for the use and benefit of the
attorney representing property owners
who have not appealed. The paving
company agrees to pay the costs of the
appealing property owners who accept
the terms Of the agreement, and the
attorneys fees to the extent of cents
per linear foot.
3. The paving company agrees to
dismiss its case against the city in
the federal court and pay its own costs
in connection with that case, when the
city has issued certificates of assess
ment of the contract price of the i'm
provements on North First and Sec
ond avenues. The city is to pay the
company per cent interest on the
contract price from Dec 10, 1905, to
date of assessment. The paving COM
pany will pay the costs of the remov-
al Of the several appeal cases from
the Marshall district court upon the
dismissal of the cases by the appealing
property owners.
l. The city is to proceed to make
the levy on North First and Second
avenues, with the consent of the abut
ting property owners within thirty
DAYS from date of contract The as
sessments on North First and Second
avenues are to be levied in proportion
to the benefits, and not in excess of
25 per cent of the value of the
respective properties. The intention is
that the property owners shall waive
ell objections to the regularity of the