| Show jarvis conklin company charged with attempting to fix a value py which a sale arico may bo fixed thereby compelling tho city to buy nt a higher figlo chaa actual value if they should desire to purchase the city to ask for an appointment of maiter iu chancery to the cites equity in the t etem aliu silt S L iku cload is heard arom may a new system of waterworks water works it they cannot buy the present system ot the jarv Is people and there was an interesting communication attached to resolutions presented to the council at their meeting last night in which the present proposed sale of the waterworks water works was characterized by councilman brown as a scheme by which the jar als conklin company were to alx a fictitious value upon their water system and thereby place a price on the plant which the city would be compelled to pay in case they should under the old contract desire to buy councilman browns communication charges the company with in almost every instance a direct refusal to carry out their part of the contract made with bothwell by which ogden city relinquished their old water system or an evasion of the terms either in spirit or in letter asserting that the city had faithfully fulfilled their part of the contract he alleges that the price ostensibly to be paid for the water system ia much too high and says that the actual cost was about an estimate made recently by a competent engineer the present system CAN BE duplicated for with better pipe and pipe manufactured in ogden and the building of a new system would mean the adding of another industry to ogden city the resolutions constitute an offer of tor the conduit in ogden canyon and tor the distributive system and provide that it the company does not accept this offer that a new system will be built immediately this paper was referred to the committee on laws councilman jones also introduced a resolution by which the city attorney was instructed to at once have the court appoint a master in chancery to ascertain which equity ogden city has in the present water system and to have the matter pushed to a hearing at the earliest opportunity this resolution was unanimously adopted vice president quigley and engineer gabbs of the proposed salt valley electric road were present and mr quigley spoke for a few moments on the proposition tor a franchise there is some opposition to the granting of a franchise the council met at with all members present at the conclusion of the reading of the minutes mr C A quigley manager of the salt lake valley railroad got up he said he beard the rumor that they did not intend to build the railroad he wanted to say that the road would be built it they could get the franchise there was no ulterior motive they wanted to build the road and that was all he had to say in reply to the question from president thomas as to the financial strength of the backers we have the money to build the road and I 1 am perfectly willing to have you put in the franchise that work shall be commenced in ninety days As soon as we get the franchise we will start the work the financing of the business is all done the committee on claims reported the following claims which were allowed wallace drug co Z lowe orchard watts 0 B savage riverside milling co ogden cornice works mrs mary C crossby I 1 L dark co carver allcox horrocks bros G A dickson M D 1000 J C slade geo F cave boyle furniture co 2280 C L peebles C U hotaling sidney stevens imp co wm driver 2830 shapley grocery co ogden gurney cab co W W browning co 1850 W P critchlow 1400 J E davenport browning bros co ogden cornice works W W browning co nelson fell 1400 Z C M L utah L P co total the claim of of city attorney iI acMillan for expenses in water case was ordered paid on recommendation of the commet tae on taxes the petition of geo H matson agent for relief in the matter of sewer taxes was granted upon payment of all taxes etc city engineer parker called attention to tho tact ithac the city had no building inspector and had none since february 1892 he also urged the close enforcement of the ordinance rel alive to the same on motion the city engineer was instructed ted to continue his labors as building inspector until further notice culet conlisk called attention ijo some needed repairs at the city jail referred to police committee poll tax collector poulter submitted his annual report which was referred to claims committee report of city sexton was laid on the table petition of alex mckay for relief from tax errors was referred to committee on taxes e utah canning co ashod tor some repairs on walnut avenue rei furred to street committee J M bishop and others petitioned for opening of street from har alson to polk avenue referred to street committee claim of M poulter poll tax collector of was referred to claims committee claim of J E davenport for 25 per month back salary tor two years and three months total of was referred to committee on claims claim of L R waldram for for services as nurse to smallpox patients i was ordered paid the matter of sprinkling bids was re ferrod to committee of the whole the ordinance repealing merchants license ordinance was passed its second reading the following statement and resolution was read to the president and members of the city council gentlemen ogden city has now been several years in litigation with the bear river irrigation and ogden water works company under several receivers assignees and others with suits judgments counter judgments injunctions and all other expensive accessories that go to make lawyers happy and the unfortunate litigants poor the expense thus far as near as we can ascertain has been over and we have not as yet entered into the primary grade of expense and delay As near as we can ascertain ogden city has carried out as far as any act upon its part can do so not only the letter but also the spirit of the contract entered into with the original contractor J B bothwell but upon his part and that of his successors we have been met in almost every case either with a direct refusal or an evasion in carrying out either the spirit or the letter of his part thereof OGDEN WANTED TO BUY some years since the citizens of ogden by their ballots emphatically ordered their councilmen to acquire as city property by whatever means in their judgment may bo for the best interest of the city the water supply system of the city even it necessary to the building of a new plant the amount we can raise by bonding or otherwise is now quite limited barely sufficient to duplicate the present system and Is fast disappearing under the expense of litigation it not stopped we will soon be reduced to such a position that we can not even attempt to build or buy a system and as water is an absolute necessity we would then have to submit to whatsoever terms the proposed new owners might see fit to impose one of the great questions in litigation Is the value of the present system a system we have an undisputed right to buy at cost and which we desire to buy at cost but to obtain even an approximate estimate of that cost is impossible without the hearty operation cooperation co of the water company they claiming that they cannot even approximate the cost owing to its accounts being so intimately mixed with the bear river canal companas comp anys accounts and in our judgment do not desire the amount of cost to be ascertained the value of anything is what it will bring it appears to us that the jarels conklin company Is trying TO ESTABLISH A VALUE of over tor the system by having parties buy at that figure and giving the system a loan as security for itself and by thus establishing a value of that amount compel the city it it desires to buy or collect water rental to pay that sum or interest thereon for something which cost according to our best data an entirely new survey and estimate of a capable engineer not to exceed OGDEN OWNS WATER from a careful estimate of our engineer we are satisfied that we have sufficient water independent of that which the water works company now claim control of tor at least all domestic purposes the present plant can be duplicated tor with better pipe and pipe manufactured in ogden thus adding to our industries another important enterprise retaining and paying to our own citizens almost the whole cost of the works or system and at the same time saving to ogden city the difference between the cost of a tem and the price demanded tor the present decayed system to say nothing of the loss we are sustaining every day in litigation resolution we offer and move the adoption of the following resolutions resolved that ogden city hereby offers the jarels conklin company one hundred and fifty dollars for a perpetual interest in the conduit its head in ogden canyon to the point of distribution or its outlet together with all water rights in ogden canyon said company may have or claim to have and that we offer the jarvis company two hundred thousand dollars tor its entire distributive system together with all its rights and interest in ogden city and that ogden city and the jarels conklin company their successors assignees or receivers dismiss all suits and annul all judgments against each other resolved that should the said jar vis conklin company their assignees successors or receivers refuse to accept the above otter ogden city advertise for the necessary material to be made in ogden and immediately pro aeed with the duplication ot the present water system respectfully submitted A W BROWN referred to the committee on laws the following resolution was offered by councilman jones resolved that the city attorney be and is hereby instructed to proceed at oace to have the court appoint a referee or master in chancery in the case of ogden city plaintiff vs bear lake river irrigation and ogden water works company et al defendants and that the city attorney be instructed to have a hearing in the accounting in said cause without delay and is urged to use his best endeavors to have said hearing at the earliest opportunity abbott wanted to know what jones wanted or expected to obtain jones said judge niiles in his deals ion some months ago said that ogden city had an equity in the water works say from to and the accounting should have been had a long time ago he read from a slip the dates on which the different actions were taken in the history of the case and again from the statutes as to the duty of the master in chancery the matter was appealed to the supreme court and was to have been heard in february but he knew nothing of what stipulations were entered upon by the attorneys he urged thai the matter be pushed as it was a necessary movement the resolution was adopted the following pay rolls were read and allowed john A lamport street department sanitary department water supply dept pub grounds after the reading of the bids for sprinkling which were about in number and ranged from 55 to 75 per month the council went into the committee of the whole and there decided to reject all bids and to place the sprinkling contracts in the hands of the councilmen from each ward with authority to have the work done at a price not to exceed 75 per month per sprinkler an additional sprinkler was ordered prepared for use and the council adjourned |
