The weekly times-record. (Valley City, N.D.) 1912-1922, 1913-04-24

porary restraining order, which will
prevent any work being started for
the present, and until hearing can
be had and an attempt made to dis
solve the injunction.
i The serving Of the injunction does
not come as surprise to members of
the council and others who were ia.
miliar with the circumstances sur
rounding the letting of the contract, as
opposition had developed among the
aldermen many weeks ago, and be.
came more decided as the time for
the letting of the contract approached.
This was indicated by the vote of the
council Monday night, when the vote
of the mayor was necessary to award
the contract to the Haggart company.
Since that time there has been cur
rent rumor that the dissatisfaction
would result in some tangible legal &C
ton.
The complaint names w. J. Curren
as plaintiff, "for and on behalf of him.
self and other tax payers Of the city of
Valley City," VS.. the City of Valley
City, L. S. Platou, mayor, M. J. Boyd,
city auditor, and the Haggart Con-
struction Company Of Fargo, and sets
forth in detail the alleged facts re-
garding the contract which was ell
tered into this week.
The assessed valuation of all prop
erty in the city in the year 1912, &C
cording to the complaint is $1,145,6S1.
The sewer bonds which were voted
upon in November of last year were
for $5O,0OOO0, 1t is alleged that no
other or further appropriation was
made in the budget of last year or this
year to cover the cost of the proposed
trunk sewer than that amount, and
that the only provision for defraying
the cost of such sewer was by the sale
of sewer bonds, to the amount Of $780,
10000.
The complaint further alleges that
on April fourth, eight bids were re.
ceived and opened during meeting
of the council, for the construction Of
the sewer, and that the bids were re-
ferred to a special committee, which
was instructed to report to the coun-
Gil on the comparative figures submit
ted.
The council took no action, says the
complaint, with reference to changes
in the bids, and no authority was Civ.
en- by the council to the special COM
mittee to permit any or all bidders to
! make changes in their bids. Further,
it states, no such request was made
by any of the bidders to the council
1t is then alleged that when the
bids were referred to the council COM
mittee, they, in violation of law, and
without regard to the rights of the
; remaining contractors, permitted and
} invited the Haggart Construction Com
: pany of Fargo to revise their bids, and
lower them, presenting new bids to
; the committee, which recommended to
the council that the bid of the Haggart
) Construction Company of Fargo be &C.
; cepted.
What appears to be one of the most
; important points which the plaintiffs
; are attempting to make is that the
} city is exceeding the limit of bonded
} indebtedness for sewer funds in let
} ting the contract. They state that the
city already has bonded indebted.
, ness of $44,000.00 and a further in
} debtedness Of $4,000 in the city light
and water fund; that the limit of
bonded indebtedness for sewer funds
; and sewer connections is $45,827.24, or
; four per cent of the assessed valuation
of the city.
The restraining order is named to
; apply to $4,000 of the sewer bonds,
which would bring the total amount
within the limit of the Indebtedness
for which the city can be bonded for
this purpose.