Show submits communication to council on ques tion and shows the uselessness of going before federal court for third time to contest bothwell contract from mondays standard the water question that has slumbered in the city council for the past few weeks was brought to life at the regular meeting of the city fathers last evening by a communication addressed to the body by the mayor which practically opens up the whole question again in the bobo bopo of bringing the matter to some definite conclusion cl without putting the city to any further expense and incidentally to the city the sum 0 through the cancelling of the present litigation pending in the courts at roll call those answering to their names were chambers balne nye randala Ran dalt craig davidsn and emmett just enough to constitute a quorum in order to get down to business and hurry the work along the reading of minutes was dispensed with the first communication from the mayor was a veto of tho resolution appropriating to the weber county fair association which was passed at the previous meeting of the body the reason accompanying the veto was that the appropriation could cot be lawfully made which statements conformed with the opinion of the city attorney A unanimous vote sustained the mayors veto it was at this juncture ot the proceedings ce that the water question came before the body the communication from the mayor upon this momentous matter was as follows gentlemen 1 I am advised hat the city council Is about to employ an assistant to the city attorney it is my opinion that if the city of ogden desires to defend the nonpayment non payment of the water hydrant rentals that the city actor ney should be given legal assistance but I 1 cannot see any good reason why the city of ogden should continue litigation over the water question tor the following reasons first the united states federal court has twice decided that the both aeu contract which contract is the franchise under which the present wa ter company now operates in this city is a valid contract and that the city must alvs up to it and it has b een twice determined by the same court that the city must pay the hydrant rentals in addition to this ogden city filed suit tor the purpose of h the courts declare the both w ell contract null and void the supreme court of utah declared as a result of this suit that the bothwell tract was a valid contract and dismissed the cites action at the cites er pense many thousands of dollars ha c been spent in litigating the wat question and at the conclusion of each suit the city paid abo bill and r calved tha decision that the present franchise viz iho bothwell contract wa a lawful contract and tats has been so declared both by the court of Ut ahas well as the bedera court of the united states and mhd the case I 1 can see no good reason why we should again test the valid y of the so called bothwell cou trad before the same courts and the same judges before whom the previous suits were tried ir is claimed by some that in view of tie fact that the city council passed an ordinance reducing the hydrant rentals that we have a better case than before this simply questions the contract again which the court has already declared to be a good contract the said john R bothwell contract says the water rates shall not exceed the attached schedule which leaves it to the water company to make the price of the water rentals EO long as it does not exceed the said attached schedule i 1 I believe the hydrant rentals are too high yet I 1 hesitate to go before the federal court the thaid time on the same proposition when the only difference is the ordinance passed by ogden city changing the bothwell contract without the consent of the water company second the vater company has informed the mayor and city council that they are anxious to make large improvements and extend the water mains it the city will live up to the bothwell contract as the supreme court of utah and the federal court of the united states say the city must do or if the city does not want the bothwell contract to continue the water company people are willing to consent to its cancellation it a franchise is granted them to taked the place of the bothwell contract and it the city will recognize the bothwell contract or grant them n new franchise the water company will voluntarily relinquish the now claimed by them for hydrant rentals also reduce the hydrant rena WOMANS BACK the aches and pains will disappear if the advice of this ogden citizen Is followed A comans womans back has many aches and pains most times the kidneys fault backaches Backa cheIs really kidney ache why doans kidney pills cure many ogden women know this read what one has to say about it mrs M A cragum of 2911 lincoln aye bays for a great many years I 1 suffered from a persistent aching across the loins and through the kidneys at times my back was so bad that I 1 could not turn in bed and go ingup or down stairs was a torture A friend of mine told me about doana kidney pills and I 1 got a box tit S W Bad cona drug store 2421 washington aye on using them I 1 steadily improved until the bac kacho and headache were relieved ana I 1 could attend to my household duties without inconvenience veni ence I 1 consider doans kidney pills ano best remedy for kidney complaints pla ints for sale by all dealers price 50 cents co buffalo is Y sole agents tor tho united states remember the name doans and aft other bals to a price fillys low as we could expect the federal court to the litigation of this subject has cost the city ot ogden thousands of dollars and it the city loses in this present suit it will not only have to pay bat the costs of litigation in addition to attorneys fees n view odthe tact that the city can save and get more from the water company direct than it Is possible to get from the courts I 1 would again urgently recommend that the city council pass a franchise such is la their judgment they think Is prop r and submit it to the water company tor their acceptance and thus save the to ogden city together with a reduction of the water rentals tor the future if the city loses in this law suit it must not only pay the but must continue to pay the present water rates for so long as the bothwell contract exists which Is unlimited and would have to be determined by the courts as to how long it has the right lo 10 run now under all of tasse circumstances 1 do not see why the city should engage in this expensive tion when it can secure a remittance of the whole and a reduction of over one half on the fire hydrants and a material reduction on the water rentals to the consumer by simply recognizing zing the bothwell contract as it row exists and as the courts have declared the city must recognize or grant a franchise satisfactory to the water company and the city council the concessions offered by the water company for the settlement of this matter without litigation have been so generous that I 1 believe any alt ference still existing between the city council and the water company can be adjusted satisfactorily it immediate action Is taken I 1 therefore recommend that the city council pass a franchise such as it deems proper and submit it to the water company or adopt amendments to the bothwell contract leaving the limit as to time the same aa it is now I 1 believe it to be of the utmost importance to ogden city that the law suit between the wa fsr company and the city be stopped immediately the differences between the water company and the city council abeso areso small that either side could afford to give away to settee this question the water company does not like litiza any more than the mayor does in fact the owners of the water company are atte largest tax payers in ogden and as one of them stated that as tax payers they have to help pay the litigation on the cites side and pay all of the litigation on the water companas comp anys side and for that reason they want peace the only reason why the water company makes any concessions whatever Is to have the matter adjusted satisfactorily and permanently so the improvements can be made water mains extended and water rights secured 1 I ask tor this communication the city councils earnest consideration bei it to be my duty at this am period of the water litigation to ask the council to make one more effort to adjust the difficulty without law suits very respectfully submitted WILLIAM GLASMANN mayor mr davidson offered a motion that the amter be referred to the law com mr craig attached an amendment that the law committee draw up as far as possible ordinances that would be suitable to the body tor presentation sen tation at the next meeting mr aye objected to its going to the law committee unless there was something going with it that would show the water works people that they really meant business he said that the time tor the city to submit its answer to the case now pending in the courts was set for september ast 1st that be understood der stood the water works people would consent to a postponement tor one week from the time set if it could be shown that the council was in earn asun the matter ot granting a franchise he also stated that the law committed had a couple of franchises on their hands at the present time and be thought that a report should be made on the citizens franchise also mr davedson Dav ldson aalde that be was of the opinion that council should grant both the water works company and the citizens company duplicate franchises and said that he knew that tho people of ogden were opposed to granting a franchise to the old company later mr davedson Dav ldson callea for a report from the finance committee on the matter of municipal ownership of the cites ater works chairman chambers then was about to put the vote on the original motion as amended by mr cragg when mr nyo took the floor and stated that the council might as well file the mayors communication as to refer it to the law committee unless the power that they might go ahead and endeavor to secure an extension of time on the case in the courts and to withhold the employment of additional counsel mr nyo then offered an amendment to the effect that the communication be referred to the law committee and that the water works company be asked to extend the time for the submitting of tho cites answer in the court proceedings for a period of ten days mr davedson Dav ldson accepted this in place of the original louon and when the vote waa taken all members present voted aye disposing of the matter in that way for the present the sewer committee reported that the sewer on Oram mercy avenue had been completed complete 4 and recommended its acceptance and the payment for the taa started a general debate some of tho councilmen stated that complaints had been made in regard to the condition in which the street had been ett also in regard to the drain pipe not being laid as specified in the contract considerable explanation was made by tho chairman of the sewer committee who finally moved that the report lay over for one week during which time be would gate the different questions that bad been raised the motion prevailed in the matter of tax upon the property of mrs leavatt on twenty third street which had been previously referred to the city engineer in which the owner claimed that she was taxed higher than she should have been the engineer stated that he could not make any change from the original assessment and the question was ordered filed J W abbott and others petitioned for the creating of washington avenue between twenty sixth and twenty ninth streets as a sidewalk district on motion of mr randall the petition was granted and the notice of intention ordered published A notice of intention was read creating madison avenue from twenty fifth to twenty seventh street as a curbing and guttering district at a total cost of I and on motion of mr nye the same was ordered published council then adjourned tor one week |