The Leavenworth echo. [volume] (Leavenworth, Wash.) 1904-current, 1914-01-09
OLD COUNCIL APPROVES
ASSESSMENT IN DIST. 2
Met Monday in Adjourned Session to
Consider Protests of Property
Owners

When the old council met Monday
evening to further consider protests of
property owners to the approval Of the
bill of the contractors for improve
ments in districts two and four the
protesting citizens were represented by
A. N. Corbin Of Wenatchee, and the
contractors and the city by L. J. Mel
son Of this place and Ira Thomas Of
Wenatchee. Improvement district
No. Q came up first, and after listen
ing to extended argument the council
by vote Of three to two decided to re-
ject the assessment roll amounting to
$40, ,302.47. After the vote was an
nounced there was some further dis
cussion by the members of the coun-
Gil about the effect of the action taken.
Mr.. Nelson stated that if the matter
was taken into the courts, which was
a foregone conclusion, and the courts
held that the contractors were entitled
to the full amount of the bill filed that
any amount above the original esti-
mated expense would have to be paid
out Of the general funds OF the city.
The council then decided to reconsid-
er their action and voted by four to
one to approve the assessment roll as
submitted for $10,302.47.
After this was concluded the hour
being late and Attorney Nelson hav-
ing stated that he was not ready TO
take up the contest in improvement
district No. 4, the council adjourned.
So that our readers may get better
understanding of the whole matter we
will state that in the beginning, City
Engineer Cook, after making the plans,
blue prints and specifications estimated
the cost to the property holders of
making the Improvements in district Q,
including the engineering and Incl
dental expense, to be $8,56304.
Upon this estimate the notice to prop
erty holders was given and they were
invited to come before the council and
object to the improvement bsing made.
No objections were made and the
council proceeded to advertise for bids
on the improvement. When the bids
were opened the bid OF the Columbia
Engineering Co., of Wenatchee being
the lowest, the work was awarded to
them at $6818.28. When the work
was completed it was claimed that
more rock was encountered than the
engineer estimated, also some changes
were made in the specifications and
some additional work was required of
the contractors, such as removing and
replacing sidewalks, and they filed. a
bill against the district of SOME $4,000
in excess of the contract price. The
contention OF the protesting property
holders is that the council had no
authority to go beyond the original es-
timated cost Of $8,563.04, without
getting the consent OF the property
holders so to do. In the course of
the controversy City Attorney Nelson
stated his Interpretation OF the law to
be that the council had a right TO
create an improvement district without
the consent OF, and over the objection
of the property holders, and might ex-
pend any amount over and above the
estimated cost Of the improvement that
they saw fit to expend and there was
no way provided by law for the prop
erty owners to prevent this being done,
or avoid payment therefor.
Mr.. Corbin interpreted the law to
be that the council could not expend
to exceed an amount equal to the es-
timated cost Of the improvement to be
made without first getting the consent
of the property owners by resubmitting
amended plans and specifications and
the estimated cost of the additional
improvement. 1t is upon this point
that the whole matter is almost sure to
go before the courts for final adjudica-
ton.
In district No. 4 the same points
will be raised. In this district the final
cost is more than double the estimated