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Show win CO. TIMS Will Not Accept Conditions Laid Down by Ogdon Council. DECLARES THAT LOSS WOULD SURELY FOLLOW Will Continue to Work Under Existing Contracts, Which Arc Held Legal. Speclnl to Tho Tribune. OGDBN, Sept. 11. At tho regular weekly week-ly meeting of tho City Council tonight Mayor-Elect Glasmnnn presented a communication com-munication in which ho stated that ho was going East about the middle of tho week, and asked thnt a Mayor pro tern, bo elected. Councilman Randall was nominated and elected for the placo. 3NTew Survey Ordered. A number of protests on the curbing, guttering and paving of certain street. wero listened to, tho matter being presented pre-sented by I. J. Jones, Frank Wlent, Frank Kcofer and T. S. Tracy. Tho protest pro-test was so strong that suspension of tho work was ordered, pending a re-snrvoy by the City Engineer. City Engineer Parker wns present himself, and stared that tho survey on the work had been made ten or eleven years ago. The Sanitary Inspector reported twenty-six twenty-six new eases of diphtheria and six now cases of typhoid. Tho quarantine on four enscs of dyphtherla has been removed during tho past week. Franchise Hejected. The most Important affair that came up before tho Council wns tho rejection of the substitute franchise passed by the Council on August 2. and approved by the Mayor on September 5 for the Ogden Water company, the private concern that furnished water for the clllzqns of Ogdcn-In Ogdcn-In a letter which was apparently devoid of animosity, C. H. Klrcher, manager of tho Ogdcn Waterworks company, returned re-turned tho compromise, or substitute franchise, with a declination of Its acceptance, ac-ceptance, This Is nothing more than was predicted by the Tribune at the timo tho franchise was passed by the Council, and later was approved by tho Mayor. Beasons for Declining. In his communication Mr Klrcher states that an acceptanco of the substl-tuo substl-tuo frnnchlse would force the company Into bankruptcy, and would render Its bond valueless. Ho states further, that the company has always been willing and anxious to extend to the Ogdcn public every posslblo privilege, and concession, but at this timo it will not accept the franchise that would make the Investment Invest-ment of Eastern bond holders valueless. These people, ho says, havo placed their monoy and their faith In tho integrity of Ogdcn city. Says Loss Is Certain. As tho ordinanco now stands, It would be impossible for tho Ogdcn Waterworlti company, or any other company, to furnish fur-nish water without serious llnancial loss. Another objection to tho compromise franchise offered by Mr Klrcher Is tho tenure ten-ure of Its life. The communication ostensibly osten-sibly sets out that this is for fifty years, but according to tho wording of tho franchise is it really optional with the Council when the provision may be suspended. sus-pended. ' Ono objection that Is offered Is the requirement re-quirement to furnish water free of charge for the sprinkling of sidewalk lawns. Additionally, the company is asked to cancel some $10,000 of claims against Ogdcn Og-dcn city now pending, and in addition to paying an annual tax of $7,0CO, it Is asked to pay to the city $2o.000 per annum, after reducing tho rates on fire hydrants. Will Continue Operations. The letter closes with: "Meanwhile, the company will contlnuo to operate under un-der tho existing contracts which have been declared legal and valid by the highest high-est courts In the State of Utah, and also by the Supreme court of tho United States." Tho last paragraph of Mr. Kircher's letter let-ter refers to tho old Bothwoll contract, under which tho waters and water prlv-illges prlv-illges of Ogden city were sold to a private pri-vate company, and subsequently to the present owners. |