Show THE CITY COUNCIL Superintendent Van Houten is Exonerated THE BOOKKEEPING CONDEMNED The Franchise to the Natural Gag Company Bepoited The Ecbert Claim Settled Jeneon Resigns The city council met at the usual hour last evening Mayor Scott presiding The councilmen present were Messrs James Parsons Lynn Anderson Young Tudden ham Hyde Pendleton Heath Spafford S and Hardy PETITIONS AND REQUESTS Arthur Meads asked for an appropriation of 5100 to compensate him for the loss of a mule killed in Emigration cafion on December Decem-ber 17 through the bad condition of the road Committee on claims The Deseret Agricultural and Manufac uring society asked that an error in their seed be corrected Referred to the attor I aey TO LEASE THE SILK TACTOKT I The matter of the leasing of the silk fac ory building on Cafion road was referred I o the committee on public grounds i SCIIOOL TAX i The following communication from the I ooard of education was read and referred to the committee on finance I To the Recorder of Salt Lake City DEAlt SiH We hereby certify that the board I of education of the cty of Salt Lake on December I Decem-ber 17 ls7t at Ch meeting held levied a tax of 2 I mills upon each dollar of taxable property In said city for the support of school therein for II the school year beginning on the 1st day ot July A D 1S92 I G M SCOTT President J B MORTON Clerk TELEGRAPH POLES TO BE MOVED The Rocky Mountain Bell Telephone company represented that its poles on State street would be moved to the csntre of the street as soon as possible COLOXEL MURRAY ACCEPTS THE FRANCHISE T P Murray sent In a communication accepting the franchise gram him for the Deep Creek road Filed PROTEST AGAINST THE SALTAIR COMPANY G H Backman and sixtyeight others protested against a franchise beii g granted Ito I-to the Saltair Railway company for a railway rail-way along Sixth West street Committee Ion I-on streets PADDOCKS LEASE A G Paddock asked for an extension of his lease on the sand pits for another year Adopted PoLIcEMAN JENSON RESIGNS Jens P Jenson sent in his resignation asa I as-a member of the police force Accepted WATS HER TAX REMITTED Ann Ferry asked for a remittance of her tax amounting to 4555 Laid on the table JUDGMENT AGAINST THE CITY City Attorney Hall reported that in the case of William N ook et al vs the city judgment had been rendered against the city for SOJ and costs and he recommended recom-mended that an appropriation of 86615 be made to satisfy it Adopted CAB STANDS Mayor Scott called attention to the ordinances or-dinances establishing stands for public vehicles and added that since the ordinances or-dinances were passed the condition of the streets had greatly changed and he recommended recom-mended that the matter be referred to the committee on streets for consideration Adopted ESTIMATES FOR BRICK SIDEWALKS Engineer Doremus reported that ho oould not compute final estimates lor brick pavements laid in sidewalk districts 2 4 0 and 17 for want of positive information as to the location and extent of walks that were laid by private contracts He therefore there-fore asked for certified libts showing this I Filed 1 WHERE ASPHALT01T SHOULD NOT BE LAID L The same officer represented that he was of the opinion that asphaltum pavements pave-ments should not be laid in grade exceeding exceed-ing 4 per cent if theerade remained unchanged L un-changed and that if the plan prescribed for intersections had been carried out it would result in a disfigurement of the street Inasmuch L In-asmuch as the ordinances required him to prepare the places for such improvement and the public held him responsible for the appearance and effectiveness of the work he asked that the facts be allowed to appear ap-pear in the minutes Granted WILL THE H O W GRADE Supervisor Paul reported that he had notified the Rio Grande Western to grade t Sixth West street between Fifth and Seventh North as ordered by the council and was notified by Superintendent Welby that the matter was in the hands of the companys attorneys for advice Filed DUE THE MOUNTAIN STONE COMPANY The board of public works reported that t the sum of 122713 was due the Mountain Stone company for work done and material furnished in constructing crosswalks cross-walks Referred to the committee on streets WATER EXTENSION PUBLISHED Recorder Jack reported that the notices of assessment for extending the water mains on Sixth South EighthSouth and Third West streets have been published as required by law The assessments were confirmed SEWER DISTRICT NO 3 Tho committee on sewerage recommended recom-mended that a sewer district to be known as district No3 and comprising the following follow-ing area be created Commencing on Canon street and running thence north to the center of block J midway between Second and Third streets thence east to between I and J streets thence south to the north line of South Temple thence west along the line of the sewer to the line of the State street and Ca on street sewer thence northerly along said line to I the place of beginning Adopted SPECIAL POLICEMAN DOZIER T J Dozier was appointed a special policeman to patrol South Temple street EXCHANGE LAThe > LA-The committee on public grounds to j whom was referred the qtition of L C Trent relative to a further exchange of land between himself and the city near the capital grounds recommended that the f final exchange be made in accordance with I a map attached Adopted ECKERS DEATH WORTH 3500 The committee on claims to whom was referred the claim of the administrator of the estate of Jacob Ecuer the sewer workman work-man who was killed some time ago through a cave in the sewer trench on State street reported that after fully considering con-sidering all the facts in the case and conferring con-ferring with claimants attornys they recommended that the claim be settled by the payment of 3500 Adopted ASSESSMENT LISTS ADOPTED II The board of equalization in review on sidewalks in district No8 recommended that the plats and lists of assessment against the property in the district except as to Bamberger and McCarthy be confirmed con-firmed Adopted COST OF SIDEWALKS The special committee to whom was referred re-ferred the report of the city engineer submitting sub-mitting a statement of the cost of constructing con-structing sidewalks recommended that the city Day onehalf of the cost of grading and that tile balance of the cost of such construction con-struction be paid from the taxes levied asjainst the abutting property and that the assessor be directed to proceed and collect I I such taxes accordingly Adopted CITY CHARTER The committee on revision of the city charter recommended that they be empowered em-powered to employ legal assistance in the i preparation of a bill for a new city charter to be submitted to the legislature and that an amount not exceeding lOOO bo appropriated appro-priated to cover such expenditure Adopted Adopt-ed and appropriation made SPECIAL POLICE READ Upon the recommendation of Marshal I Young J A Read was appointed special policeman without pay at Salvation Army hall LUND TO BE AS OFFICER Mayor Scott recommended that Christian Lund be appointed to fill the vacancy on the police force caused by the resignation of Officer Jensen Referred to the committee com-mittee on police TAT FOR JUDGE DILLONS OPINION The opinion of Judge Dillon of New York on the school bond question which was publlshe in THE HERALD last Sunday was read and 13335 was appropriated to payfor the same WEIGH MASTER AND POUND KEEPER John O Mattox was appointed city weigh master and pound keeper he to receIve re-ceive no compensation other than fees or forfeitures arising by ordinance NATURAL GAS ORDINANCE The city attorney submitted the following follow-ing ordinance which was referred to the committee on streets with the city engineer engi-neer associated An ordinance for the construction and maintenance 1 main-tenance of works and pipea e for utilizing anu distributing natural or fuel gas for fuel In the city of Salt Lake Utah Ciwc tlli tU Section 1Be it ordained by the city council of Salt Lake City Utah That the said city or Salt Lake hereby gives and grants to the American Amer-ican Natural Gas company a corporation organized or-ganized and existing under the laW of Utah territory and its assigns as hereinafter specified I speci-fied and provided icr the term or twenty years from and alterthe passage of this ordinance i the right and privilege of constructing maintaining I main-taining and operating works and pipeage for the purpose of distributing and utilizing natural nat-ural or fuel gas for heat and fuel only In the city of Salt Lake Provided That the rates for such natural or fuel gas shall not exceed the charge of one dollar per thousand cubic feet to the various consumers and for the purpose of lurtherlng and assisting said American Natural Gas company and its assigns in supplying said Le 1 t natural gas or fuel gas the said Amercan atural Gas company and its assigns are hereby here-by granted and given the right and privilege to use any and all streets avenues and alleys or Suit Lake c ty ecesary in which to lay and maintain mains and service pipes for convey ing and distributing said natural or fuel gas as aforesaid throughout this city Proviued that all excavations in said streets avenues and alleys be peedily repared and pat in as good a condition as they were before such excavations ex-cavations were made or as near as may be Section 2This grant shall bo void First if said American Natural Gas company or its I a assigns shall fail within one year to commence in i gooil faith to lay mains and pipes from their gas wells to and into Salt Lak city for the purpose of distributing such natural or fuel gas and i Second if said American Natural Gas company I I com-pany or its assigns shall fail within one year to lay in the city of Salt Lakemiles of main pipe not less than live and fiveeights inches I in diameter and Third provided however that any delay caused or time con um d by injunction or any order of court or any unavoiuable accident or delay or malicious interference shall neither be counted to work a forfeiture herein Section 3Sald American Natural Gas company com-pany or its issisns shall usu only the best and most approved system of pipeage for their mains and service pipes I Section 4That this tranchiso shall take effect and the rights and privileges therein granted and giveu shall be acquired whenever said American Natural Gas company shall have laid its gas mains or pipes and conducted therein natural or fuel gas in sufncien quantities quanti-ties to its consumers to and within the limits ot Salt Lake city provided however that the provisions of this section shall not hinder or prohibit said American Natural Gas company at any time after the passage of this ordinance j i from entering upon said streets avenues and I a leys and laying and constructing therein said gas mains and pipes as hereinbefore provided in this ordinance Section 5This ordinance shall take effect from its i passage I ASSESSMENT IN SIDEWALK DISTRICT NO SAn S-An ordinance confirming the assessment list in sidewalk district No8 as reported by the assessor and corrected by the jMrd ot equalization was passed FRANKS PATROL The commissions of E F Burnham andO and-O C Johnson as members of Franks patrol j systm were revoked and Louis Roesch C E Dewey Andrew Burg and P Hunt were appointed members of the system sys-tem on request of Sergeant Franks APPROPRIATIONS The following appropriations were made W N Cook judgmentuu 5 866 15 Ecker claim H 3525 CO Revision committee 1000 00 J F Dillon 133 33 VAN HOUTEN EXHONERATED The committee on sewerage made the followIng fol-lowing report upon the charges of malfeasance mal-feasance made by the late srra d jury against Superintendent Van Houten To the Honorable the Mayor and City Council GENTLEMEN Your committee on sewerage to whom was assigned the duty of investigating I the alleged irregularities in the management noel conduct of the sewer department of this I city beg leave to report that with the mien I I tion of making our investigation usseaiching i I and ihoroucu as possible we have examined all such witnesses as we had any reason or information infor-mation to believe would throw any light upon the subject of our inqury We have i ed MX meetings and have personally examined under oath the tollowing named witnesses Peter Van nouten supo intendent of sewer construction con-struction Alesrs Giles Dull and luloney who have served as foremen and timekeepers ea Sa timllle in the sewer cepartment dunn Mr Van Houtens superintendency Thomas Van liouten teamster Auditor Hoa and Mr James O McCu chen formerly an employee in the sewer I department and the person who made the affidavit charging that Mr Van Houten had retained his sin upon the pay roll for a period of four or five monttiS daring the present year wnile tue latter was working for his lather in American Fork canon We have also examined the books and vouchers in the oltices of Mr VanHouteu and the auditor We Und that for a large pal t of the time during Mr VanHoutens incumbency incumb-ency two team have been em loyed by the department de-partment to haUl pipe and cement to till lu to remove waste earth and in the Hushing of the ewer pipes that both of the learns were the property of Mr VanHouten one of them being be-ing usually driven by Thomas VanHouten a son of Mr V nHouten and the other by a young man named William Dull These teams were carried on the time books and pav roils as team or William Dull or Thomas Van Houten teamster and the compensavion allowed was the sum or J5j per day for each team and driver Young VanHouten was urv lug during the earlier part of tue year but about June 14 went to work at his fathers mine in American Fork cafion where he continued until the middle of November at which time he returned to the city He had never signed a pay roll previous pre-vious to his departure for the mine as above stated his name having been signed in each instance by his lather After hi departure the team continued in the service of tho city and the roll was signed by the la her as before on each payroll between June 14 and November 14 and the compensation compensa-tion allowed to the team was during that period as before the sum of 350per day Inasmuch In-asmuch as some other employees of the city were during that perIod taken iiom other work and put to urving it appeared mat Mr Van baton was charging the city for a team and driver and receiving ay theiefor while as a matter of hid the city was furnishing and pay inK the driver Prima facie the case looked I very unfavorable to Mr H uten Tne expla a tlon offered by him and substalned we believe be-lieve by his books Is that he desired to continuo con-tinuo the team in the name of his son since It was designed to reemploy the latter on his return re-turn to the city that while it Is true that he I carried the team on the rolls at 135J pur day yet it is also true thit the apparent overcharge ID the rate per diem had be n equalized by reducing re-ducing the number of day for which compensation compen-sation bad been allowed The following table covering ihe period of I the sons absence will Indicate Mr Van Hou tens method of adjusting the matter from time I to time 8 < s c PAYDAY S c cLb tM g b t June 6 7 days S 14 5 days S 1750 July 10 11 days 22 654 days 2J 75 July 21 12 days 24 7 days 24 50 August 8 12 days 24 6 days 21 00 August 2 12 days 24 5 days 17 50 September 5 4 uays 8 I day 3 50 September 19 II days 22 4 days 1400 October 4 1l days 2i 6Y days 22 75 October 17 1 12 days 21 7 days 24 50 October 31 9 days 13 4 Lays 14 00 2 days 4 4 days 1400 November IL 9 8 days 12 8 days 28 00 Totals113 days 116 IH days 524 00 therefore appears that the amount paid was suustantially the amount ea ned The question is therefore were the rolls corrected n correct-ed unchanged and was the title correctly taken These rolls were signed on the several dates given they bear no evidence of having been corrected by erasure the time worked by the foreman of the gang in which the team worked was a total of one hundred and thirtyfour days as against one hundred and thirteen for the team the time worked by the other team was one hundred and twentyfour and onehalf days during the same period and the several foremen fore-men testified that the time books appeared toe b to-e unchanged since they left their hands and that the time there given was correct Your cowmittee find further that in the month of August of this year Mr Van Houten purchased a mowing machine for the purpose pur-pose of cutting weeds and grass on Pioneer I square atu cost of SIC which he paid for with hia own money this amount he subsequently I reimbursed himself by charging a sufficient number of extra days for his team to cover the amount expended Mr Van Houtens explanation explana-tion of this transaction is that in 1890 it cost the city 35 to cut the grass and weeds on the square which he considered was too much and that when the I necessity recurred this year he determined to do the work with one of the teams regularly employed and to buy a maoniie for the city that might be used from year to year for like purposes pur-poses The work cost i24 including machine this year as against the amo nt above stated for Ib90 The machine is now on the square in I possession of the custodian there While your committq must condemn as extremely ex-tremely irregular nd improper the methods of I procedure under whion payrolls are made to show a condition of things not existing under I which the time paid for was different from the time served and the rate of compensation incorrect in-correct and under which the head of a department depart-ment making a purchase with his own money assumes to compensate himself by crediting time not served yet we expi e is ii as our sincere I conclusion from a contemplation of the evidence evi-dence that Mr Van Houton has neither defrauded nor has endeavored to defraud the city of a sing e dollar While his methods of bookkeeping have opened bis mauagem nt of the deuartment to su p cion yet we reel in the light of the lads that suspicion I sus-picion is unfounded and that coupled with the I censure of this committee for the irregularities named should be the expression of its opinion that Mr Van Houten has been an honest official and In all other respects than Ibo e ment oned so far as has come to the knowledge of your committee proven prudent and efficient in the discharge 01 his du les I Adjourned for one week |