The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-06-17
COMPLAINT MADE
AGAINST The CITY

The complaint against the city in
the suit to enjoin the city and James
Kennedy, contractor, against the work
Of building the filtration plant was
filed yesterday afternoon with the
clerk of the district court just before
the closing hour Of the Office.
The complaint is a long one, cover
ing almost thirty pages OF typewriter
matter and recites many allegations
against the city, claiming in general
that the whole process of letting the
contract for the filtration plant was
illegal. Many drawings and plans of
the building were filed with the. COM
plant as part OF the manuscript.
The complaint tells OF the adoption
Of the plans and specifications of the
city engineer for the proposed ultra
ton plant, but alleges that these plans
and specifications were not drawn up
according to law. The fact that the
plans and specifications were not in
detail, is one Of the alleged violations
of the complaint. It is claimed that
the details were left until after the
contract was let, which was not fair
to the bidders. other than the success
full one.
In the advertisement for the bids on
the proposed plant. 1t is claimed in
the complaint that the advertisement
was not in the correct form. 1t states
that the successful contractor did not
submit bid for the plans and specifi-
cations as advertised, and that the
council had no power to lawfully let
the contract except on the exact prin-
ciple, which the advertisement called
for in the different publications used.
The complaint alleges that the con-
tractor is permitted, according to the
contract, to do the concrete work on
different specifications than those sub
mitted to the city council by the city
engineer, and that If 1t is found that
changes are made, these changes will
have to be made at the expense of the
city and not the contractor.
Relative to bond Of the successful
contractor, the plaintiff, J w. Price,
alleges that it was not the proper kind
of a bond. 1t is furthermore asserted
that the bond was not approved of,
and accepted by the city council.
The plans as submitted by Mr.. Ken
nedy, according to the complaint, were
made up from a combination of the
plans and specifications used in other
cities. 1t is claimed that these plans
allow cheaper materials to be used
than the materials called for in the
plans and specifications of the city
engineer, which are filed, approved
and passed upon by the city council.
1t is also claimed that the amount of
money to be held back from the con-
tractor by the city, on the completion
of the contract, has been lowered in
the contract with Mr.. Kennedy. The
complaint states that the original
amount to be retained was to have
been 10 per cent Of the amount of the
final estimate but that the amount in
the contract is 2 percent OF the final
estimate to be held for one year from
the completion of the work.
The city is also enjoined from selling
bonds to pay for the construction of
the plant. There is mention made Of
the fact that according to the aIlega-
ton, there are no provisions for the
payment of the plant to come from
any special fund.
There are many other allegations en-
tered into by the plaintiff and the
papers in the case have shown a great
deal of care in preparation. w. S.
Stambaugh represents Mr.. Price in the
suit against the city and the city has
thirty days in which to file and an
swer the complaint.