Arizona republican., 1911-07-30
COMMISSIONS
 ULT|MATUM. Accepted by Barber Asphalt
 Paving Company WILL TEAR OUT CONCRETE
Curbs and Cutters will be Relaid by Paving Con tractor - Vieux Notified that Work is Now out of His Hands.

Following the notification sent by the citizens paving commission to the BRarber Asphalt company last Fri day stating the result of the engi- neer's examination of the curb and gutter work on Washington between Third and Fourth streets. the Barber Asphalt Paving company yesterday notified NJ L. VieuX, the subcon- tractor by whom the work was done. that it would not be accepted.
 This action by the paving com 2any has quieted the rumors which were circulated in some quarters to the ef- feet that the contractor would not abide by the decision of the commis7s sion.. but would seek to set aside ther refusal to accept the curbs and gutters by an appeal to the council or the property holders. No question is entertained of the contractors good faith. and his intention to see the paving worl, done in strict accord ance with the plans and specified tions adopted by the city council, and accepted by the Barber Asphalt Pay ing company through their superin tendent for Arizona, MT. F.. r. Con- wa.-.
 We intend to have the curbs and gutters put in by our own men," said MT. Conway yesterday, and have taken the work entirely out of the hands of MT. VieuX, who has violated his contract in not doing his work in a manner that would make it ac- ceptable to the paving commission. We propose to have him tear the curbs and gutters out. and will put them in again in such a way that there will be no ground for any com plaint. We want the people of Phoe- nix, the council, and the paving com mission to be satisfied with our work, and we believe they will be satisfied before we have completed our con- tract that We accepted the plans and specifications with the intention of conforming to them to the letter"
 A copy of the letter sent by the Barber Asphalt Paving company to MT. Vieux was forwarded to the pay ing commission, accompanied by the following letter:
 Phoenix. Ariz., July %, 1911. ''To the Honorable, The Paving Com
 mission of the City of Phoenix "Gentlemen-
 Enclosed please find a copy of our letter of even date to MT. NJ l.. Vieux. We wish to notify you that MT Vieux is no longer in our em- p!oy. and that beginning next Mon .1s i,,-- ceed with the construction of curb and gutter according to the plans and specifications.
 We hereby request your Honorable Body to supply us with the necessary stakes and inspection at that time.
 Under the specifications. it does not seem to be necessary for us to ask your permission to do this work ourselves. but we think it. courtsey to inform you, as we have above, that We propose to do it.
 Yours ver- truly.
 THE BARBER ASPHALT PAVING
 COMPANY,
 By F. p. CONWAY.
 Superintendent for Arizona"
 The letter to M l.. Vieux read as follows:
 July e9. 1911. MT. NJ. '. Vieuy.
 Phoenix. Arizona.
 Dear Sir
 Referring to our employment of you for the constructing of the curb irg and gutter on the streets of Phoenix,. under our paving contract as set forth in our letter to you of June 22. 1911. we have to inform you that the curbing and gutter already constructed by you on Washington street. between Fiftb street and Third street. has been rejected by the pav- irg commission appointed by the common council of the city of Phoe- nix. and that you have not satisfied the terms of your employment as set forth in said letter by not doing the work already done by you in such manner as to secure its acceptance by the paving commission.
 We therefore notify you that we are under no obligations to employ you for the constructing of any more of the curbing and gutter work, as originally contemplated at the time of your employment, and that We shall not allow you to do any more, of said curb and gutter work.
 Tn order to construct a curb and gutter in such a manner as. win be satisfactory to the paving commis- sion. and accepted by said commits sion. it will be necessary to tear out and remove the curb and gutter all ready constructed by you. As the ex- pense of removing the curb and gut ter will have to be borne by you. if is proper that you should be given an opportunity to remove the same
 We therefore shall give you until D. m Wednesday. the 2nd day of August. 1911, within which to tear out and haul away said rejected curb and gutter work, and if you shall not