Show WEIGHTY my MATTER nm BEFORE COUNCIL Contract Tangle Will Be Brought Before Committee of the th Whole Tonight OPINION OF THE ATTORNEY WHOLE QUESTION TO BE dE E GONE OVER The council this evening will wilt consider In committee of or the whole the proposition to release the Utah Fireproofing company from Its sidewalk contract entered into In 1903 and still uncompleted The mat matter ter lr came up at the council meeting last Monday Monda night and after considerable dis discussion It was wa decided to ask the tho city elty at attorney attorney attorney torney torney for tor his Ills opinion on several new phases of or the subject and to take up the whole matter involved again tonight The Utah Fireproofing company compan still sUlI has about seventeen miles of or sidewalk work uncompleted About twelve miles of ot this is on the north bench known as ex ox extension extensIon tension 89 and the remainder Is scat Cat scattered scattered over the entire city As is general generally generall ly l I known the company entered into the contract on an approximation of ot i 0 feet teet but more extensions were or 01 ordered dered llred until the amount finally reached feet of ot which only has hasUe hasben ben been Ue n finished The rhe company claims that it has so far the approximation that It can cannot cannot not bo be b held any longer and on this point the city attorney in an opinion to the board of or public works concurs and it was wag with i this as a basin basia that the board rec recommended recommended to the council that the th com company pany lan be released Another r Point Raised At the council meeting last Monday night another phase of the question was brought up upon which the attorney will rule It appears i that the com corn company coman pany jany an started all but one me of the of t C the tl e extensions c and did not complete any of or them The fhe council connell claims that one an nn extension is begun it is the duty It f the contractor to It and that he le cannot escape Il 1 unless the council and 1 the board of works allow him hint to I It Is III claimed that the company com pan only I worked where the th obstacles were few rew and where bere the ground was practically level leel leveland leveland I and little cutting was needed nt ded in this manner It completed the easiest portion or fir r the t work and left leCt the hardest to bo tio done by b some Iome one o e el else eke e For instance on the north bench In extension it is IY Md that the company compan discovered that the thu ground was Wll hard and difficult to work und land moved Its men from that extension to 10 one on presenting pr fewer feer difficulties The same Is said to tt be e true of or the work on thi n the thet t ast bench and a section on Oil tho the west side w 1 I oh li h necessitated considerable cutting City Bound to Lose Losee 1 Ie e greatest difficulty Is 11 that if It the thet t n true tor cannot be held the pity will loea osea the assessments have hae already alread been I I made and paid IJ ld on this work and a d the i property owners cannot be taxed for the I I cost of or laying this sidewalk I hould another contract be let Tho The city attorneys opinion on the approximation I Ic c eption also nillo does not give the city much 1 hope of being successful in holding the contractor even It if he should hold for the city cl on the other question and it seems that the city is bound to lose whatever r s 11 lone done If the contractor Is Is ordered to go ahead ohead with the work and refuses to do so then the board boan of public works will win bo be authorised to see that it is il done cIone and charge it to his bondsmen Naturally the bandsmen b will fight tight any OilY such action and an effort on the part Dart of or f the tho board to carry carr out this plan will wilt no doubt be met with an injunction suit Birch Also Refused S Birch is Ig another sidewalk contractor who refuses to go on with his work He lie claims that he be has exceeded his and that his contract provides that he lie shall be paid in city eit warrants In Instead Instead stead tead of or in scrip which he must discount for tor a large sum at the banks bank The Thc city attorney has decided that under the new law can cn be called In by b the city ell find end warrants issued in its place but Birch s says ays he has han ha consulted an attorney who Illya ys that this Is not Hot ot good law The Tle claim by b Birch that he has exceeded his approximation does not seem to hold wa water ter fl either as he le contracted to lay In feet of sidewalk and the records In the theoffice theoffice theoffice office of or the board of ot public works show that he has hac ha laid but little over The council on several occasions has been beena about a to let him off oft but action has lias been postponed li and it is expected that all the facts will be brought out clearly this evening eveni n It lt is claimed that one of oC the reasons Birch does not wish to continue his work Is because bause b ule he was not successful In se so sectoring tire t contract for the large larce side sidewalk sidewalk sidewalk walk extensions this year rear r particularly extension The took last year ear was for tor a much lower Jower price and if Ir he finishes it now it will probably be at a loss lose for the price DrIce of or material has haa gone up tip considerably during the past few months matter which may be consid considered considered ered tonight Is la the action of or the council In releasing J W V Percival Perchal from a bond lond for the completion of his 1006 16 sewer contract and requiring him to furnish a bond for only In its place It ap pears that this was done through a mis misunderstanding misun misunderstanding understanding un it being toeing the general ion that t the 1900 1905 bond was to remain In force and the new bond was to be an additional one Councilman Mulvey Is ex expected expected expected to move moe a reconsideration of ot the whole matter |