Show WS SETTLED mayor sends message to the city council asking that body to hake one more effort to settle water question growth of city demands extension and improvements from tuesdays standard I 1 the following was sent to uia city council last evening to the president and members rf tha city council garden utah gentlemen it Is now almost ten yaws ainoo the first litigation between ogdan city and the waterworks Water works company began and all those ten beare 0 litigation ogden city has not secured even one dollars worth ot profit from iab lawsuits alie members of the present council having had under consideration th waterworks water works question tor four years ro certainly able to act intelligently on tho water works it the matter over to th new council it ani have to be taken up from tho beginning aaen as we were forced to do and eo over the matter with tho water company AS we have dono for the past four years and the city will continua to find itself la lawsuits and legation some almo ago your honorable body passed an ordinance granting the water company a fifty year franchise which it refused to accept on account of conditions in the which I 1 bellave no water company could accent and build a water system under it the difference between the city council and tho water company on the water rates is so small tha that t either fildo could afford to give way and the water question our city ie now growing the city has increased over one third in population during the last ten years yet tho water oo 00 has not extended its water mains or roade any improvements in the water system and will not mako any improvements until tho water question with ogdan city a settled the bothwell contract under which the water company now operates provides that the water company shall extend its water mains whenever 8 per cent interest Is guaranteed on such extension but the water company ro eusea to maha extensions so long as the city refuses to that same contract as baing lawful so long as the city attacks the validity ot tha present franchise and continues the litigation just 60 long will the water company regasa to mako any extensions or it your honorable body declines to grant a franchise which tha water company will accept hen I 1 would recommend that the city council pass an recognizing the existing bothwell contract as a lawful contract and setting a date when its term shall expire on conditions that the water company shall grant us the eama concessions as it has offered for its new franchise there can iro no doubt in tho minds of the members ot tho city council as to the validity ot the bothwell contract as the federal court for the district 0 utah as well as tho federal court of appeals at st louis and the supreme court of ufa ufah h have declared tha bothwell contract to be ai lawful contract the only question la how long is the contract good for it is an unlimited contract supposed to run forever but the water company I 1 believe donld be willing to compromise with the city and have the city pass an ordinance limiting the 1 contract to fifty years also reduce the hydrant rentals it the city will cease 0 o cause litigation nd recognize the bothwell contract I 1 would recommend that the city council theli city attorney and tha mayor bold a meeting with the on cers ot the water company some time during the coming week and that an effort be made to settle this question our cites growth is retarded by reason ot tho water mains not being extended and I 1 believe it our duty to make every honorable effort to set a fair and equitable settlement ol 01 tho water question very respectfully wll GLASMANN mayors |