Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-11-27

kASplpdll paving ulllCullleS III lHell
many various phases in which the city
property owners and tax payers have
years are to be settled out of court.
Thousands of dollars will be saved to
the city, thousands more saved to the
property owners, and tax payers, paw
ing cases pending in court will be dis
missed, and threatened suits will never
be brought, because the city council,
in special session Monday night, ac-
cepted and ratified Mayor O. l.. In
gledue's contract with the Barber AS
phalt Paving Company. which does all
these things.
The action Is one of the most i'm
portant any council has taken in years,
and brings to an end the things for
which Mayor Ingledue has striven
during most of his term Of office BY
it litigation in which the city, proper
ty owners and Barber Asphalt Com
pany are engaged in the federal court.
is swept aside and many more cases,
the contract for the commencement of
which had been entered into, Will not
be begun. BY it the paving company
guarantees every foot of the $3.50, 900
worth of asphalt paving for an addi-
tional five years, beyond the original
seven years guarantee, and guaran-
tees to keep the paving in repair DUR
ing that time and increases it's guaran.
tee bond from so to rs per cent Of the
value of the paving. BY it court costs
are refunded to the city and to the in
dividuals who have brought suit, and
paving tax interests are paid back to
those whose taxes Of this kind have
become delinquent.
The ratification of the contract,
which is virtually the same one Mayor
Ingledue made with the paving COM
pany last spring, is distinct achieve
ment for the mayor. When it came to
a ratification the council to man,
stood back of him, and Councilmen
Young, Clark, Mcdonald, Sieg, Devine.
Iseman, Packer, Herman and McMains,
all of those present, We're unanimous
in their vote for it.
Essence of the Contract.
The contract is sweeping in Its var
ious provisions and covers the guaran-
tee and repairing Of the paving, the
refunding of costs of litigation, ana
takes care of those who have waived all
rights to contest, those who have paid
for their paving, and those who have
commenced suits, provided they are
parties to the contract. Three hum
bred fifty property owners have signed
the contract, including twenty-five who
appealed and commenced suit. Only
eighteen Of those who appealed have
not signed.
Following is the essence of the con-
tract:
The Barber Asphalt Paving Com
pany extends the guarantee of all its
asphalt paving from seven to twelve
years, the guarantee period on North
First and Second avenues, to date from
November 30, 1903
The paving company increases It's
bond from so to Is per cent of the VAL
ue of the paving.
The paving company pays back to
the city $3.50 which the city paid at
torneys to defend the Brown and CAL
houn cases in the district court.
The paving company puts all the
paving on the seven year payment plan.
The paving company pays all the
costs for the redemption of property
which has been sold because the paw
ing tax had not been paid.
The paving company refunds all tax
penalties to those who waived OBJ
iections to the assessments for paving,
but have not been making payments
for it.
The paving company refunds to all
those who have brought suit all at
torney's fees and court costs, provided
their suits are withdrawn and they be-
come parties to the contract by sign
ing.
Auditing property. owners on North
First and Second avenues pay interest
and costs only from date of assess
ment Of the cost Of the paving, which
is to be made soon by the city.
What the City Agrees to Do.
AS a party to the contract there are
but two things the city council binds
itself to do. 1t agrees to assess the
cost of the paving on North First and
Second avenues, which was laid three
years ago, but which has never been
assessed against the property abutting
it, and for which no certificates have
ever been issued. At the council meet
ing last night steps were taken to-
make this assessment at once.
The council also agrees to adjust or
to adjust the paving assess
ments against nine pieces Of property
which the Barber Asphalt Company
thinks are in excess of the statutory
limit of 25 per cent Of the value Of the
property The city is to pay the diff
ference between the original assess
ments and the reduced assessments,
which, in case adjustm ents were made
in all the cases, would cost the city
about $3.50. In case the city is unable,
after offering to reduce the assess
nents or make an adjustment with
,hese property owners, the Barber AS
p1alt Paving Company relieves the city
from any further liability in these
eases because of the high assessments.
These properties are those of Mary
Conklin, Church street; Lulu A. Lair,
corner Church and Ninth streets; M.
D. Simonds, corner Sixth and Church
streets; Alice M. Simmons, corner
Grant and Second street; w. E. Nc