Show UTAH LIGHT IS 15 STILL IN IK FIGHT Pioneer Company Offers Cit City Council a Counter Proposition Proposition Proposition on Gas as l MATTER GOES OVER OVERA A WEEK WEE i 1 City Attorney TIlles Holds There Thero Is no Existing Contract For Kor l City lighting I I t to a II counter proposition I Uy Dy 3 tho the city council lost last for tor KOS Ra treet lights tho Utah Light t 8 Railway RaIl company succeeded In tn having the tho report of at tho the committee 01 on streets nn Improvements mid over fo foa for tor fora 0 a brief briet time so that tho the matter of or en entering Into a II contract with the tho Wels Weis Weisbach bach boeh Street company of ot Am Aol f for Its It II gns f lights In the tin place of ot electriC nrc Ut lt now in us uso was not flOt acted actea upon nt nIl all Seeing that thai the committee had u determined to hav liae gns giul lights lighte instead of ot arc nrc lights tho the old oil company put In a II proposition to furn furnIsh Ish lAh tho the same some gus gns lights ns IlS n tho the ch company compan c and nn at the thc same lIam price 32 per lieI light per liar year for tOI the first firM three years und iQ 30 per Vcr light per for tor the tho second year period Tho The company also nio offered to tc install for Or a IL test of ot two or three throe weeks weel s sM KO M Incandescent electric lights on en two blocks Tho The electric electrics s lights will cost CORt 30 O per year each for forIt forthe forthe It the first three years and nIl per Ver year u each Mch for tor tho the next three years rears It also offered to make moke a D 0 test of or tho the Westin K t hoUlle light nUo of ot the 1 light lI upon the tho same sime conditions as all the tho Incandescent light Mulvey and Black that tho the proposition be bo adopted with without lh out ont ut waiting any nn longer to tl consider the Light f Railway company this was opposed d hy by nov Her ertl crill councilmen and nm tho the report of at the committee ommittee recommending tho the accept K ance anc of the tho system A was wall final finaly finally ly y laid over for tor a n week CITY ATTORNEYS OPINION In Tit connection with tho the lighting mat ter br the HIP committees commit lees had lInd asked aRk City Attorney Ogden Oden lilies Hiles for nn an opinion as ui asto 1 to whether or not tho the old 01 1 contract with tho the Utah Light Railway com corn company cornI comi i pany pan for aro nr lights which was WIlS not ro re rot renewed t at nt tho the expiration of ot the last period was WUI still In effect ns a claimed by hy the tho company compan The Tho attorney stated In the following opinion that thatto the to contract Is i not In force torce and that the council Is at nt liberty to malta moko any other contract it chooses chooseR Salt Rait Tiie T City Utah tug Aug Au 28 1907 To the Honorable President and Meal Mem Members hers bers of ot the tho City Council of ot Salt Bolt Lako Lake City i Gentlemen Tho question has hils boon been propounded to mo me whether the contract of or Salt Lake City with the Utah Light Lightf lit f Power company ot or tho the date dato of ot March Marchi r ro i iDOl 1501 for tor lighting tho the streets of salt Bait Lako Jako City CIt Is 1 still In force having ro gard to tIle the terms ot of that contract and anti the Iho terms of ot tho ordinance entitled An ordinance ratifying and confirming C the transfer or ot franchises to Utah Light Railway company a corporation n ox tending tho the life lite of or said Bald franchises and amending the tho same Including tho the fran franchise ran chise of ot tho the Utah Power company 1 Aup AU 3 1005 1905 and approved Aug 4 1905 ol at whether the tho paragraph 2 of ot 6 C of or sold said ordinance considered In Itself Is a n contract of tho the city with tho the grantee that the grantee will III fur furnish furnish nish and Ind tho the city will accept and pay for tor street st lighting for tor a n period from rom tho the time of ot tho the passage age and approval of ot such ordinance according to tho the prices provided in the contract ot of March 6 G 1901 SOME som OMI PROVISIONS On tho the first consideration I observe that section 2 of tho the contract ot or Morel March 6 fi 1901 provides ns as follows This ThIll contract shall bo be operative in all nil Its Us parts and conditions beginning 1 I 1001 1901 anti and shall terminate I 1 1904 1304 that In tho the op option option option tion of or tho the city council ot or said city said bald contract may bo ho extended In all nil Its parts anti and conditions for tor a II period of two years after said March 1 1904 by It y said city council giving not less loss than thano o 0 days notice In writing previous to March 1 1901 provided that In tho the op oil Power company of ot Its Intention Int to so extend and renew tills this till contract By fly the foregoing term tonn said contract would by b Its it words have havo expired on March i 1 1904 1901 had not tho the city elty its option to continue tho same name for tor or two years yeara which it lid did by the tho following communication In writing to the Utah Light Power Company Compan Dec 3 1803 1903 Light Power Company Gentlemen You are hereby notified that SnIt Salt Lake Lako City exorcises Its lIs option to extend In all 1111 Its parts IJ and condi conditions condition tion for tor a period of or two years after R March Mareit 1 t 1803 1903 that certain contract entered catered Into between Salt Lake City and OM the Utah Light Power company on tho the th of ot March Murch 1001 1901 providing for tor forthe tho the lighting of at th streets street of Salt Snit Lake City by hy the tho said Utah Light Power company The Tho city hereby gives notice to toso toso so IO extend ex lend this contract Tho The action of ot tho tito city council author authorizing authorizing izing and directing this notice Is U ns liS o Cal fol follows lows lowi In tho the matter mallor of communication 20 of nf the chief chlor of ot tho the Urn fire department ailing attention to tho the contract with Iho the city and Utah Light Power com corn company pany wo we recommend that thaI contract Khali I ho bo In continuance for two years nOd that tho tue city attorney be bo instructed to draw up necessary and city recorder rum 1 1 I r lp rIY notify Holtry lIld Utah Light Power I company UNTIL MARCH MAnCil B 5 1900 Thin Thill report from froin tho the of or the tho whole of ot the city council was wad pro pre 1 ami adopted nt at the tile meeting of or the city council hold held Nov No M 25 5 1003 1993 fly By direction ot or th city eli Lake t City elty Nov No 21 i 1903 This letter lied had tho effect offet of or contin the tho contract of nt C 6 1 1801 1901 to March ih 5 IDOO lit It fl which latt latter r dUo It terminated by hy tile the terms of at tin ti There IB Is no at provision In tho the online 11 rice of at Aug Au i 4 1905 continuing thin Ibis contract of or March 1 I 1901 1801 beyond 5 6 1900 n Therefore that contract is no longer m In I a foree one no il Is lit not binding ng on Oti elthor ci thor of or the parties On Op the tho second consideration name J ly y r as to whether 3 2 I of at see sec f r of f the said ordinance of or MAull Aug I 1 1141 3 In lI er In is I n a 1 contract for tor r n a period to tl furnish I root lighting an its aforesaid lt r I tat Il l Ha Mid id paragraph IH Is us as follows 8 fin aid ld Utah Light com coti CO i further agree during the tie lift lit f said lIa d It jt will viiI furnish to Bald ait Ity for tor or municipal street pur rII through contract M of or not nat lell nip nan periods ero wen hint 1 a ui Iti give Ilvo nn In average Illumination ef cf i net lint II ie n tI the Present f 46 watt natt enclosed n carbon cArllon are arc lump lamps U l nig 11 Q it service nt lit n II price not to ox pod MIt six nG JO 0 dollars per lamp PIT per lis gt now nos under con COli with lIh the ho city under term lern rid nd 11 of In contract f I lime tho II ty iha shall the tho Utah Unlit r r nt lit least leset six nix months the time or yel r contract of HH Its In Iii lo 10 o Skills tt cl under tinder this paragraph In case cn 3 salt said city desires such discontinuance NO o YEAR CONTRACT I r am Ilm of ot the thc opinion that this para Pam paragraph graph Is not by h t a It fair construction of ot Its terms term II a II contract for a II period from rota the time of ot the passage of tho the ordinance and that It Is In no sense feIlSO a n contract at all but tho the ordinance nance by b Its terms tOrms says sn that any an street lighting furnished tho the city by the Utah Light Railway company shall ho bo done made and had through contracts between Cn tho parties of or not less baa than periods perIod Therefore I am of tho the opinion that no contract at nt present exists between the for rOl furnishing tight light ht for tor any all definite or specific period of time and that Salt Lake City Is now OW at nt liberty to make male contracts without any nn refer reference once ence or regard to tho the matters nod and con can considerations sl aforesaid l lVery Very respectfully respectful JULES HILES City Attorney |