The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1907-03-21
Contractor Storrie Stops
Work on Sewerage System
..(contInued From First Pace,

<(continued From First Pane.s
work, 20 per cent being held back by
1.-THE Bond Trustees, according to con.
tract, Until the completion Of the
work, and this 20 per cent now
amounts to about 5000. In addition
the contractor is under bond OF $73,-
600, the American. Surety Company
being sureties for the amount. The
work was to have been completed
within $50 working days, and about
100 days of this time has been con-
sumed. The contract also stipulates
that all time consumed over the above
number of days shall be paid for by
the contractor at the rate of $25 per
day.
Dates Back Several Weeks.
According TO what could be learned
yesterday and last night the present
trouble arose several weeks since,
when the engineer instructed the con-
tractor TO cease working in the dry
section of the city and place his forces
at work in the lower sections, as it
was the desire to complete this work
before the summer season. Later the
Bond Trustees held meeting and en-
tered protest against the progress
being made in the work.
The Petition.
The petition in its entirety, as filed
in court yesterday. is as follows:
State of Florida. County of Escambia.
In Circuit Court of United States, at
the City of Pensacola, in said State.
To the Honorable Circuit Court of
the United States at Pensacola,
Florida.
Your petitioner, Robert c. Storris,
complaining of the City of Pensacola,
respectfully shows:
/.
That your petitioner is a citizen and
subject of the Kingdom of Great
Britain, and whose domicile is In said
country, and who is a resident of the
States of Texas, and that the defend
ant is municipal corporation, and a
citizen of the State of Florida, duly
incorporated, chartered, organized,
acting and existing as such, under and
by virtue of the laws of the State of
Florida: that said municipality is com,
posed of its mayor and board of alder
men, all citizens and residents of the
City OF Pensacola, and of the State of
| Florida
That said City of Pensacola by ac-
| ton and vote of its citizens regularly
| had, duly authorized the issuance of
bonds and the sale of the same for
the purpose of providing a fund for
the construction of a system of storm
water drains, and a system of sanitary
sewers for the said City of Pensacola,
Florida, and that thereafter said City
issued said bonds and through same
provided a fund for the payment of
the doing of said work for said city.
That said city also created and or
ganized board of bond trustees con-
sisting of L. Hilton-Green, chairman,
and W. K Hyer, Jf-, and C. NJ. Gov.
ington, in whom was vested the power
and authority to direct. control and
manage for said city the execution
tand construction of said system of
storm water drains aud sewers.
That said City of Pensacola by its
M 'vor and board of Aldermen by vote
of said city was duly and legally au-
thorized in conjunction with said
Hoard of bond trustees to enter into
contract for the construction of storm.
water and sanitary sewers In and for
the City of Pensacola.
That on to-wit: July 7th, 1906 the
Isaid. City of Pensacola by It's mayor,
Chas. H. Bliss, and under Incorporate
seal duly. affixed, pursuant with the
resolution passed by said City Coun-
ell, and under the hand and seal OF
said l.. Hilton-Green, chairman of
board of bond trustees, pursuant with
la resolution passed by said board,
entered into a written contract with
your petitioner for the doing of the
labor and furnishing the material for
the construction and completion of a
/ system of storm-water and sanitary
sewers in the City of Pensacola. Flor
ida, at certain stipulated prices. and
upon certain terms and conditions in
said contract specified, and in accord.
ance with certain plans and specif-
cations attached thereto. all of which
are well known to said defendant, and
are now In the hands of said defend
ant, and which it is notified to produce
upon the trial thereof, or secondary
evidence will be introduced to estab-
fish the same.
That the contract prices under said
Icontract for the construction and
completion of said systems amounted
10 about to-wit: Two hundred and
lseyenteen thousand dollars, which
said amount upon the completion of
said work said defendant obligated st
self to pay to your petitioner.
! BY the terms of said contract de-
PENDANT was to pay to your petitioner,
as the work progressed, upon monthly
estimates, certified by its engineer.
and was to pay your petitioner month
~ SGTo of the work done each month.
and was TO retain twenty per cent till
the completion of said work.
That after the making of said con-
tract and as soon after notice to begin
work as 1t was practical and possible
fcr him to do so, being prevented by
the acts OF God, storms and the efe-
ments, and other unavoidable causes.
with the approval of said defendant
entered upon his performance of said
contract
That said contract provided among
other things that the work is to De
cor menced within ten days after the
date of the engineers notice to begin
and shall be carried on in such places,
and with such force as the engineer
shall direct, and shall be completed
within the time agreed upon in the
contract, which was three hundred and
nifty working days from the date of
I the QuQlUpQr'c r0fica "a bocs~