The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1909-09-01
WARN
THEM
ATTORNEYS FOR SMITH
SERVE NOTICE ON
CITY COUNCIL

Claiming that the specification adopt
ed by the council to govern paving
operations on Co1ville and Rose streets
have been grossly violated, and an
nouncing tnat he. in conjunction with
other interested property owners, will
at the proper time take legal steps to
prevent the payment for said improve
mcnts, John Smith, by his attorneys,
Dunphy, Evans & Garrecht last might
served notice upon the council that the
actions of the Rich & Harris Con-
struction company have been taken
cognizance of, and that storm is
brewing. The communication pro-
duced no debate, and on motion of
Councilman Albert Niebergall was laid
on the table
The notice served by Mr.. Smith is
as follows
ITO the mayor, city council and city
engineer of the city of Walla WaFa,
and to Rich & Harris Construction
company. and their agents:
You and each of you will please
take notice:
THAT ] am the owner of certain
property situated on Co'ville and Rose
streets and within that certain local
Improvement district No. IL and local
Improvement district No. 81. city of
Walla Wal.a. state of Washington.
That heretofore plans and specifi-
cations were adopted as provided for
1s,n limo ma
provement districts Nos Al and 81,
same We're examined and approved by
the council and bids fop Improvement
of said districts were received and
accepted, and the city thereafter en-
tered into contract with the Rich &
II 4rriS Construction company for the
Improvement Of said district
composed of 1875 Portland cement.
sand and clean crushed rock as desig-
mated by the city council.
Whereas in lieu of said crushed
rock said contractors in carrying out
the said contract are pacing in said
concrete curbing creek gravel and
cobblestOnes of a diameter greatly in
excess of one and one-half inches,
thereby prevent .ng uniformity in said
concrete curbing and greatly deterior-
ating the value thereof in that said
ton, soiidity, compactness and stabl-
ity. which was agreed to and contem-
pated in the contract specifications.
and that the said curbng is not butt
according to the specifications.
"FUrther. that said contract and
specifications provide the proportion
for mixed concrete base shall be as
follows: TO-Wit, 1-417 cement, sand
and stone.
Whereas. by reason of the use of
mine run sand and creek gravel and
stone, said contractors have utterly
d:sregarded the contract specifica-
lions and given and placed in lieu
thereof another and different concrete
base mixture which has greatly de-
Perforated the value of the improve
ments made to the detriment and ex-
pense of the property holders resident
on said street.
Further that said contract and
specifications Lprovide that the city
engineer shall have charge of the
superintendent Of the said work. and
that any order or direction given by
him or his duly appointed represent
ative shall be respected and immedi-
ately and strictly obeyed by the con-
tractor or OVerSeer of said work
That the city engineer has COM
planned to said contractors concerning
the above mentioned matters and
things and asked and demanded that
the contract specifications be COM
piled with in the mixture of all sub
stance and ingredients entering into
said improvements, but that said con-
tractors and their agents have wholly
disregarded the specifications and the
commands and requests Of said en-
neer, and have sCrreptitiously made
said improvements in q manner to
satisfy their own convenience, without
regard to the specifications or to the
quality. cOmpactneSS or stability of
said improvements and greatly to the
damage of property holders residing
j saId assessment and Improvement
district
And you, and each of YOU will take
notice that your informant in con-
junction with other property owners
IN said Improvement and assessment
district will resist the payment of
any assessment tax levied on the r
property. and will proceed at the
proper time to take legal steps to
prevent the payment for said i'm
provements and the acceptance of the
same by the city council upon the
completion thereof