Show UTAH POWER COMPANYi Answers the Citation of the City Council IN REGARD TO FRANCHISE I COUNCIL WILL HEAR TESTIMONY TESTI-MONY TOMORROW NIGHT The Company Denies That It Has Violated Vi-olated the Terms of the Grant License Which Circuses Win Have to Pay FixedMiscellaneous Business Busi-ness Transacted Answering the city councils citation I to show cause if any why the franchise fran-chise granted to the Utah Power company I com-pany on Dec 26 1896 to erect and maintain an electric pole line in the streets of Salt Lake City should not be forfeited because of alleged failure on the part of the company to comply with certain of the terms and conditions condi-tions imposed the power company bits b-its president Francis Armstrong last evening entered a general and specific denial of the charge The subject was referred to the committee of the whole to investigate and the proofs in support sup-port of both sides of the ontention will be taken tomorrow evening TERMS OF THE FRANCHISE The condition imposed upon the company com-pany in the franchise and which Councilman Coun-cilman Callister claims has not been complied with thus working the forfeiture for-feiture is that the Utah Power company com-pany was required after four months notice from the municipality of its Intention in-tention to light the streets in accord aJice with a plan then proposed to I provide poles and cross arms for carrying car-rying wires to serve 400 arc lights and also to furnish aOOhorse power electrical elec-trical energy to the city at the rate of < 25 a year per horse power This contract con-tract was according to the terms of the franchise optional fOr renewal PLEA OF THE DEFENSE The answer submitted by President Armstrong is a voluminous document and much of it is argumentative To the contention that the Utah lower company failed to abide by its part of the agreement the company replies that on April 5 189 it received notice from the city to erect the poles and cross arms and it proceeded to do so but almost immediately after the mayor may-or the city attorne and members of the council informed the power company com-pany that the citys poer financial condition con-dition would not permit the lighting of the streets as had been planned Then the answer states the municipality proceeded pro-ceeded to solicit bids for street lighting light-ing and on Tune 22 1897 entered into contract with the Pioneer Electric Power company for street illumination which contract is now in force It is set up that this action on the part of the city council in contracting with the Pioneer company released the Utah company from its obligations to the city under that clause in the franchise In closing the defendant company in its answer asserts that the city is not in a position to successfully claim that the company failed to comply with the condition named that the company has always abided by the terms imposed im-posed in the franchise and moreover has no intention of violating any of the terms of Us grant from the municipality mu-nicipality DISCUSSION BY COUNCILMEN Councilman Callisted was the first to be recognized He said I move to refer this matter to the committees on municipal laws streets and improvements improve-ments they to investigate and take evidence evi-dence I will get evidence for the city to disprove the Utah Power companys allegations I claim that the company never intended to live up to its franchise fran-chIse and as far as I am concerned thecompany will not be permitted to further exercise its franchise without compensating the city Councilman Allen wanted to ask President Armstrong who was in the council chamber if the company is now willing to erect the street lighting poles and cross arms in return for the privilege privi-lege of extending its pole line through the business and fire limits to supply patrons of commercial light Callister ruled the qUEstion out as being be-ing immaterial and something the committee com-mittee on reference should consider Siddoway thought Callisters motion to refer inconsistent since it tended to vitiate the latters resolution which called forth the citation and the com I panys answer alllster replied that the company hifd shown cause why the 1rwdl should not be revoked but the allegations allega-tions put in answer by President Armstrong Arm-strong were yet subject to proof PATRICK REFERS TO A RECENT MATTER Patrick recited the fact of how the company had recently sought the privilege privi-lege of extending its pole line Into the business district and the revival of the street lighting poles and cross arm clause in the new contract drawn by City Attorney Hall at the councils direction di-rection but on being submitted to the company for signing a modified form of contract had been substituted the effect ef-fect being to again release the company com-pany from the obligation imposed As a matter of courtesy to President Armstrong Vice President A W Mc Cune and Attorney Valdemar Van Cott who were present Councilman Robertson thought the council should I hear them if they wished to speak on the Question Callister repie The gen emen rep resentin the Utah Power company may have their witnesses with them tonight but I have not mine for the city Let the matter go over tin Thursday Thurs-day evening I will have our witnesses here then The question Is whether or not has the company violated and forfeited for-feited its franchise as indicated Councilman Coun-cilman Patricks recital of facts Is anther an-ther matter entirely Councilman Howe moved as an amendment to refer the entire fra1 chise revocation matter to the cpmmlt tee of the whole for tomorrow evening The amendment was accepted by Councilman Coun-cilman Callister and adopted without dissent ARRANGING FOR THE CIRCUS Lemen Bros petition for license for their circus exhibition Oct 7 and 8 and for the use of Pioneer square as show grounds was referred to the committees com-mittees on license public grounds and waterworks After the meeting had adjourned the committees assembled to consider the matter Several motions and amendments amend-ments were discussed and voted on and after order was brought out of chaos it was agreed that the circus Should pay 50 a day for the use of the I square 75 a day for show license and 25 for use of city water making 275 I in all The circus agent wanted to know how to arrange the distribution of complimentary tickets and the number num-ber desired Twenty for each councilman council-man was suggested by some one but it I was quickly determined to let the matter be adjusted by the agents conscience con-science CIRCUS LICENSE RATES President Barnes Introduced a bill for an ordinance amending the schedule sched-ule of licenses applicable to circuses and tent shows The new schedule is based on the number of cars In transit used by applicants for license and ranges from 200 to 50 per 21 hours or less 15 is made the rate for sideshows side-shows and 10 for refreshment stand privileges A motion to suspend the rules and pass the ordinance failed and r Q < I u the bill wasreferdto the license committee com-mittee I if SHINGLE ROOFS IN FIRE LiMITS Reporting upon th petition of Stewart Stew-art T Jenkins for permission to build a shingle roof on his cottage in lieu of iron by reason of the same being withIn the fire limts the committee on i fire and police proposed a bill for an ordinance permitting the erection in blocks 46 47 48 49 54 55 60 61 62 65 66 72 73 78 84 and 85 plat A of private dwellings with shingle roofs provided such roofs receive two coats of approved ap-proved fire proof paint and one coat every two ears thereafter to the satisfaction sat-isfaction of the fire chief Under suspension sus-pension of the rules the ordinance was passed 4 ADVANTAGE TO LANDLORDS A resolution was offered bv CouncIlman man Robertson instructing die cItYllt torney to prepare 1n amendment to the ordinance pertaining to buildings so that only public buildings and busIness busI-ness blocks of live stories or more in height shall be required to be equipped with fire escapes and standpipes The ordinance now applies to three and fourstar buildings The resolution was proposed by exCouncilman OMeara at whose request it was introduded It was referred to the committee on fire and police MISCELLANEOUS MATTERS On behalf of the committee having il charge the nrrangemdnts for the reception recep-tion to be tendered the Twentfourth infantry on its return Hon A W Mc Cune extended an Imitation to the mayor and city council to participate in the festivities The invitation was accepted ac-cepted after an amendment by Robertson Rob-ertson to appropriate 150 toward the celebrations expenses had been oted down Francis Armstrong G W Snow and W H Remington petitioned for the grading down of six rods of sidewalk In front of Mrs Harriet Hunters premises prem-Ises on Seventh East street north of First South street at the citys expense ex-pense so that a plank walk to be laid by petitioners on the six rods frontage may connect with petitioners flagstolle pavement Referred to the committee on streets with power to act Fireman Fred GutQransen asked for an appropriation of 40to pay the claim of Drs Witcher and Jamison for services ser-vices rendered to him at the time his arms were broken last May while drilling drill-ing with the Pompier ladder crew Referred Re-ferred to the fire and police committee The department of Utah Grand Army of the Republic by C O Farnsworth Farns-worth assistant adjutant general petitioned pe-titioned for the use of a room in the jOint city and county building for department de-partment headquarters to Insure the protection of the departments records and relics Referred to the committee on control of building On recommendation of the board of public works concurred in by the street committee 1000 was appropriated appropriat-ed to roughen the slippery sidewalk pavements in the business district before be-fore frosty weather makes travel on them unsafe to life and limb |