| Show LIKE A BAR OF STEEL A Long and Almost Fruitless City Council Session TEE MAYOR AGAIN VETOES The laIug nestion Deferred Back Police Appoinnnents Confirmed Pertinent Report of the Waler Committee The city council met lost evening in regular session President Loofbourow presided and Councilmen Hoisg Wantland Simondi Lawson Evans Horu Folland Rich Bell Beardsloy Moran Karrick und Hardy were present The council chamber was well filled with spectators most of whom had been attracted at-tracted by top prospect of a lively time in connection with the Barber paving question ques-tion and also by the expected decapitation of Justice Kesler In both of which expectations ex-pectations they were disappointed The first business talren up was the completion com-pletion of the Ihor r < ji ALICATION ironic left over from Saturdays sitting Tho minutes of the last halfdozen meetings if the board of equalization were read and approved ASSESSMENT KOU ACCEPTED On motion of Polland the assessment Toll as presented by the committee was accepted and passed as the official roll THE SASSOM CASE AGAIS Bell thought owe action should be taken on lua case ot Santom to roem burse him for being overassessed in the sum of CiOOO whsoh was lent on mortgage and on which the board had ruled there was no relief as the applicant had cot applied for the reauetion in time Hich urged that some action be taken BOas BO-as to grant the proper relief PolJand said Mr Sansom could apply to the city council and the amount might be refunded from the mayors contingent fund The chairman held that that was the only course open The equalization board then adjourned sine dio and the council went ino regular session IIUltAUY A1PfiOlfiIATIOX The Ladies Literary club sent in a communication com-munication asking that the appropriation for the benefit of the Pioneer library be increased in-creased from Sb3 3a > to 135 per month Horn thought the appropriation of 51000 a year should suffice Rich said tho council had already been generous and aid not think it could give more than the ltOU a year Wantland thought the request should be granted llalerrod to the committee on claims KESIGNATION ACCEPTEO R L Pitts sent in his resignation as patrolman Accepted fcEVKUAGE AND THE JORDAN HIVEH A communication was received from A Koenan and about seventy others protesting protest-ing against the sewage being allowed to run into the Jordan Committee on sewers HOME PA VIVO COMPAivl EXDOHSED The Federated Trades petition that the paving contract ba given to a homo company com-pany was received and laid on the table pending the report of theepecial committee on paving WARTS TAXIS IlETURNED James J Brown asked that the 20 per cent overcnarge wrongfully collected by K 11 Clute last year be returned Committee I Com-mittee on claims WATER MA1X EXTENSIONS Lewis M Cannon who has paid 500 and A H Cannon who has paid 237170 for water main extensions which have not 3 et been made sent in the following communication com-munication We your petitioners beg to represent that we did on the 19th day of July 1S9A pay to Collector Col-lector J Leonard the sum set opposite our names in consideration of a promise that the water mains would immediately be extended from Seventh to Tenth South streets on Eighth West the petition for such extension having been favorably acted upon by your honorable body The tax for the said extension of mains Was to be levied without delay upon the property prop-erty to bo thus benefited and there was to be refunded to us from such collections an amount equal to that which we had paid less the amount of tax duo on our property on the ftroet named Since this payment was made no effort has been made to collect the water maIn tax nor hare the mains been laid roe therefore ask that you refund to us the amounts we have paid into the city and for which we hold receipts We still hold ourselves our-selves in readiness to pay our proportions of tho expense for the extension of the mains but we do not desire to have our money placed where we receive no benefit therefrom We therefore ask for j our early and favorable action ac-tion on our request for the return of our money Committee on atervorks MUST NOT BLOCK THE STREET Browor Petit asked that the Utah Central Cen-tral railroad be restrained from allowing cars loaded with rock to stand on Fourth West the wholo length of a block and so obstruct the street t The president thought it should be referred re-ferred to the mayor who ought to organize en army of policemen and march to the cccne and have the nuisance abated Rich moved to refer to the committee on streets with power to act Horn moved to refer to the mayor with 1 power to act Latter motion carried TO PILE BUILDING MATERIAL IN THE STREET O H Hardy asked permission to pile building material on Tenth East Granted on the usual conditions WANTS DAMAGES t George E Ellorbeck asked for 100 for J damage done his property by retaining f walls on North State street Committee L on claims AGAINST THE DOG TAX J H Harris protested against the payment pay-ment of dog tax Referred to the superintendent L superin-tendent of the dog department ti THE MATOll VETOES j the ordinance for collecting sewer construction it con-struction taxes In tbe following language F feALTTjAxr CITY Sept 13 1S92 f To C E Stanton Esq City Recorder StnI herewith return unapproved ordinances ordin-ances number 224225 5ftX3 and 2U7 for the fol k loMnp reasons Section 11 of the act of the legislature relat te ing to municipal charters page 63 of statute ol Jfcyo provides that the board of public works Bhall superintend such work and the erection of such improvements except the city halls market ho uses jails or other public buildings I t as may be ordered by the city council j This authority ol the board applies as well to I work on improvements done by workmen employed em-ployed directly by the city as to work on im j I piovementa let by contract This authority cannot can-not be limited or taken away except by the body which granted it to the board and any ordinance or other act 01 the city which attempts at-tempts to do this Is nugatory and void Each cl the ordinances in question contains a clause i i to the effect that the construction of l g te inbOe t the sewer and the making of the Improvements respectively authorized and directed in said ordinances r or-dinances hall be under the direction and supervision of the superintendent of sewers This duty being imposed by a statute of tim S territory upon the board of public works it can r not be conferred by ordinance upon any other t person With tho clautcs conferring upon the r superintendent of sewers the direction and I supervision of the proposed Improvements stricken out these ordinances meet my approval ap-proval B N BASKIK Mayor Veto laid on the table until next meeting t A REDUCTION ASKED Two petitions about of 200 property owners own-ers and tax payers were received asking for a reduction of 25 per cent on the real estate assessment 1692 Tabled i THE PAVING QUESTION We the property owners of and abut Uns on Main street First South street und Second South street are in favor of the CulmerJennlngB Paving company doing the paving on the above named street This was signed by 110 parties representing a total of G830 feet of paving Tabled t ANOTHER A petition signed by 800 citizens praying that the contract for street paving be awarded to some of tbe home companiesin tted of the Barber company that the Salt Lake ooiapatnes be instructed to employs employ-s c I citizens of Salt Lake and that home as phaltum be used Tabled SIDEWALKS ACCEPTED The Doard of public works reported having hav-ing accepted the sidewalks in lieu of taxes from Charles Crane and Joslm Park Adopted APPOINTMENTS CONFIRMED Tno committee on police reported favorably favor-ably on the appointment by the mayor of Patrolmen Estes Halls and Walker also the appointment by the same official Chief Paul as city marshal Continued In the matter of the appointment of M Davenport as Liberty park policeman the committee reported favorably with the oxception of Folland who had been informed in-formed that Davenport was a nonresident Adopted DOES NOT WANT IT On request of Patrolman Cantlon his appointment was not confirmed Adopted TUE GAS FRANCHISE The committee on municipal laws submitted sub-mitted two reports on the request of the Indiana Natural Gas company The majority ma-jority report was signed by Loofbourow Horn and Heiss and recommended that the franchise be granted The minority report re-port signed by Hardy and Simondi recommended recom-mended that the franchise be not granted until such time as the company had gas in commercial quantities Both reports laid on tho table PROVIDING TVORK FOR ELECTION PURPOSES The committee on streets recommended that sidewalks be constructed both sides of East South Temple First and Second South as far east as Twelfth East Also instructing supervisor of streets to proceed pro-ceed with laying crosswalks on Brigham street I Moran said the property owners had not asked for sikowalks on First and Second I South to Twelfth East and be thought that they should move in the matter before I be-fore any action was taken Ho moved that the part referring to First and Second South be stricken out Waauaud did not want his report mutv lated MoranThen take it all back In Con gross and other places committee reports aro amended and I dont see why it cannot be done here I The report as far as Brigham street was concerned was adopted I Lawson thought sidewalks should be built if the people did not object even as I far out as Twelfth East Moran Not a resident of East First and Second South has petitioned for a pavement pave-ment ana I defy the committee to deny it A motion to table the report was lost Folland held that a gratuitous report of tbo committee was out of order The matter mat-ter had never been given to them for consideration con-sideration in the proper way Tho report was laid over to be taken up later in the evening MAT PUT IN A SWITCH Leave was granted to G S 1 Holmes et alto al-to put in a snitch on Third West street on condition they kept it in good condition PPR OPRIATIOJi S Dr H D Nilesu 20 00 Mount Griffin nuuu 3710 12 W C Head uuu 463 00 James Berry uu t07 00 Ben Hager J50 00 f gg Trevert t o 27 55 P E Schoppie 385 00 f ifu gg H J Jones 35U 00 Tribune Job company 6 90 Tribune Publishing company W CO William Hanklns li5l 74 Fred J Leonard from mayors contln gcntfund C5 OS Mountain Stone company 1W CO Nf bat afl 5mp g g Utah Central Railway company 6 45 W L Pickensunu 3 60 Remington Johnson Go 27 OJ W L ilvan 9 55 GlLScottCo = = = 65690 IE C Coffin uuuuuu 105 30 I Walker Uros A Fyler company 2400 Cunnin ton A Co 20992 cunaiu ton Ic COhU oon 46 T D J Oilahoney 2 10 J V Farrell i Co 1775 Perkins Co 25 iio Utah and Montana Machine company 5 4i Sierra Nevada Lumber company 20 51 JC Elliott Co 31 14 Bridge KirkCo 144 00 J D Morse ci COn un 44 50 P V Coal ccmpanynH 153 t4 Will comb Co 202 25 SEWERAGE MATTERS Th committee on sewerage reported as follows That the Folland resolution relative rela-tive to boiler and engine was being carried out that sewer improvements and repairs were going on on Fifth West street that the Hardy resolution in reference to the purchase of pipe was being complied with Adopted The report of the committee on waterworks water-Works was received as follows and filed SALT LAKE CITY Sept 13 lore To the Honorable President and City Council Sail Lake City Utah GtNTiKMEN Your committee to whom was referred communication of Superintendent Ryan relative to the purchase of 850 tons of Six Inch pipe needed for the extension of water mains would report as follows Your committee had this matter before them in the latter part of July and fully investigated the same saw the necessity of the purchase being made and to facilitate business sent letters let-ters and telegrams to thirteen 13 of the leading lead-ing manufacturers and dealers in the United States receiving bids from parties as follows Ptr ton D Long 8 39 50 Howard Harrison 37 50 Detroit Pipe Co 41 35 Addyston Pine Co S3 00 UtahMontana Machinery Co 38 50 Lake Shore 41 00 Rhodes llrothersnnnuun 36 50 George M Scott Unn No bid The above prices were to bo for six inch standard pipe thirtythree pounds to the foot each and every piece placed under hydraulic pressure guaranteed L o b cars Salt Lake city The above prices will show that Rhodes Brothers were 850 lower in their bid than the next lowest bidder and 404975 lower than the highest bidder these bids with all communications from the above parties were pinned to your committees report andpiaced before the council for their action on Aug 9 Through some misunderstanding either relative rela-tive to the powers of this council or to the power placed In the hands of your committee It was not acted upon until Sept 6 when the sold report re-port was adopted and forwarded to tho mayor i lor his approval and with authority to purchase the pipe from tho lowest bidder which he post lively declined to do stating that the committee commit-tee nad pursued unusual and unauthorized methods in procuring the said bids without first asking his authority also declining to slim for those bids as by ao doing it would place his I honor to perform a mere clerical act he also stating that to a certain extent your committee bad withheld from him his duty of inquiring into the validity or the reasonableness of tho above contract We your committee understands that all matters referred to tho mayor either for his aoproval or rejection gives him full power to inquire into and investigate tho validity and ropor expenditure not requiring any resolution resolu-tion or motion of this council for him to act upon In each individual transaction we take it that as a salaried officer ho is hired for this purpose pur-pose and not to stop the advancement of tho departments by petty and frivolous excuses The clerical act which his honor objects to is what the law demands of him after his proper and judicious judgment is used for the welfare of tho city government There certainly seems to be somo misunderstanding misunder-standing in this matter as your committee believes be-lieves that all business pertaining to the building build-ing up And the welfare ol the city lirst originates origi-nates and eminates from this council To facil itate its workings committees are formed to oversee the several departments of the city government to see to its wants and requirements require-ments for its successful operation with power to bring the matters to as near a consumma ion as possible that it may then bo referred to this council for final action This your committee com-mittee did In connection with the requirements of the water department for the 850 tons of 6 inch pipe so that there would be no delay in the workings of the water department knowIng know-Ing full well that the citizens who had petitioned peti-tioned for the extension of mains had already paid the amount into the hands of the assessor and collector for the purchase of said pipe To show you that we have not been misled as to thotilgh prices placed on pipe we herewith submit you a report of the pipe purchased In lilt and 1892 showing you conclusively that we have done far better than was done heretofore Way 181691 Harrison Howard 6inch pipe S3900 per ton June 17 1891 Harrison Howard 4inch pipe 83775 per ton June IB J831 Rhodes Bros 12 and 6inch pipe 83785 per ton September 1891 Harrison Howard 6inch pipe 377dpar ton October 1891 Rhodes Bros 12inch pipe 1536 40 per ton Nov 9 1891 Harrison Howard 4 and 6inch pipe 84184 per ton Dec il 1891 Rhodes Bros inch pipe 4225 per ton Jin 1892 purchases were made as follows January 1892 Harrison Howard 3 inch pipe 138 per ton January 1892 Harrison Howard 3inch pipe fSSper ton OApril 11892 Colorado Coal Iron company Inch pipe 35 60 per ton July 4 1892 Rhodes Bros inch pipe 534 80 per ton inn the snme month July 16 and 18Inch pipe was bought at ti1 per foot laid in the ground or 23365 per ton f o b cars Salt Lake city We would wish to call your attention to the report of the executive of this city in which he says In the former purchase of pipe which was made by myself in conjunction with the waterworks committee the price paid to Rhodes Bros was much lower than the bid upon which I am now required to purcease For the 585 tons of 16inch pipe purchased pur-chased on Mav 30 from Rhodes Bros their bid per ton was 533 oo or 8217 per foot laid in the ground this included digging trenching lay ng back filling and everything pertaining to that work As this price is much lower than any pipe has been heretofore purchased at during tho years of 1891 and 1892 we your committee wish to lay before you the reason why such low prices were obtained for the above pipe Nearly the full amount of pipe that was purchased by this city at that time was pipe that had been sold to the Peoples Water Works company of I tho city of Denver who we understood had gone Into bankruptcy and the pipe was in the hands of the receiver The 18inch pipe being a very unusual size and could not readily be disposed of in Denver it was figuratively speaking a dead loss npon tho hands of Rhodes Bros the interest on the principle being a great item the firm did deliver this pipe in bait Lake city at less than tho original cost with freight added also agreed that any pipe that would not pass the inspection of the superintendent I superin-tendent of tho water works when it arrived here should be cut off thrown out or culled and deducted How many pieces were cut or thrown out your committee is unable to state but we believed Rhodes Bros allowed tho full amount and the city was only to the extra cx penso of the extra joints filling and tapping The price of the pipe If bought and ordered direct di-rect instead of as above would have bscn from 538 to 540 per ton Your committee would also res ctfully submit sub-mit that at all times manufacturers charge at least 81 per ton more for small 6Inch pipe than they do for 16 or ISInch as the difference In the manufacturing of the article wouid amount to that much So far as tho present bid was 536 50 we have nothing to say but that wo used the best judgment judg-ment at our command for the best interest of the taxpayers of this city as the above bids will easily show Relative to the further matter or his honor that there would be a difference of 243250 In the price under the present market and the cover insinuation of the mayor that this would be sufficient to arrest further action until this was explained We can fuby say that it Is a matter too low and contemptible for your com mittco to answer Such a communication should never have ruinated from the executive of this city to cause the public press to believe that your committee was not honest and honorable honor-able in iteir transactions We wish to do everything every-thing that is right in this and in nil transau lions working for the welfare of our city and the constituents that we represent and do not wish to take away any rights or prerogatives of the executive department but as the gentleman gentle-man has so positively stated that he declined with emphasis to yield we feel that this matter In connection with others as to tho rights of tho council and the rights of its committees and the rights of the executive should be at once defined de-fined if possible so there will be no clash in the municipal government of out city I Wo nan recommend that the 850 tons of 0 inch pipe be purchased as quick as possible i Respectfully submitted P J MOHAN J L LAWOV H F KVANS E i E RICH PAVING QUESTION REFERRED BACK The special committee on paving reported that the bids for the Main and First aTl1 Second South street paving wero all n proper form and the committee recon mended that the whole matter with the protests and petitions on the same subjec oe referred back to the board of public works for such action as they think proper Adopted THE SEWER ORDNANCE AGAIN On motion of Moran the mayors veto of the sewea ordinance was taken up again instead of leaving it over till tile naxt meeting LAWSOXS OPINION OF THE 1IATOU Lawson said the mayor was obstinate He was like a steel bar which would break but not bend He had a reputation of that kind for years and he could not be changed If any progress was to be made the coun oil must yield to that power Wantland thought the mayors veto was based on legal opinion and so was the ordinance ordin-ance It was only one lawyer against another He favored passing the ordinance ordin-ance over the veto Folland thought it would be very dangerous danger-ous to pass the ordinance over the veto as parties would have grounds to decline to pay tho sewer taxes and no sewer would be got aftsr all Evans agreed with Folland Karrick thought the mayor was right from a legal standpoint Moran though it strange the council should havo broken the law for years and I had only found it out now Moved that tno ordinance be passed over the veto Lawson said there was no other question which had been BO bamboozeled Wanted the sewers made right away and the ordinance I ordin-ance passed Horn would do anything to get the sewers put in at once Karriok said it would be necessary to advertise ad-vertise again if the vote carried Horn said Karrick knew nothing about the law and didnt know why it would bo necessary to roadvortise Bell said let us have the aewers whether It breaks the bar of steel or not Wantlana favored passing the ordinance over the veto Motion 10st8 to 6 Beards ley Bell Evans Folland Hardy Karrick Loufbourow and Simondi voting no Heiss Horn Lawson Moran Rich and Wantland aye Rich wanted to know if the work was done under the board of public works if it would have to be readvertised It was Important to proceed in a legal manner AMENDED TO PLEASE THE MAI OR Karrick moved that the ordinanco bo amended to conform with the views of the mayor Motion carried Lawson moved that the rules be suspended sus-pended and the ordinance passed as amen ded Moran wanted the ordinance read and wouldnt allow anything to be done till it was read The recorder proceeded to read Bell thought when a member called for the reading of an ordinance ho ought to listen Moran I am listening Simondi moved the previous question Moran wanted to talk on ordinance The ChaIrmanYou are out of order Moran I will sit down then Motion lost Horn moved that the whole matter be submitted to the city attorney and a committee com-mittee on municipal laws to report on Friday Fri-day evening Carried EQUALIZATION REPORT The recorder presented his report of the settings of the equalization board The board had held seventeen meetings in all and dealt with 734 application for remission re-mission of taxes 280 of which had received either full or part abatement The amount of abatements on account of indigence wss 122970 Tho amount of school tax abated was G59S At 1180 the council adjourned till Friday Fri-day evening |
