Show CANNOT BE bamboozled bamboozler the city council intend to save the water works to the citizens they are taking active measures to meet AH aff the complicating moves and trickery by which the Water people hope to gain the property that the members of the city council intend to wrest the waterworks water works from the hands of those who are now by complicating moves seeking to deceive and defraud be the people cannot be gain said the members stand aa as a unit OE or ohe the question and by firm and decisive measures they intend to meet all tricky moves on the ithe part of the waterworks water works company the members of the city council are not to be deceived or bamboozled bamboozler and they intend to regain the property for the citizens an taxpayers tax payers no matter where the company reorganizes or what new parties are brought into the organizations while making the big fight against hae the company they simply ask the operation cooperation co of water consumers in following the judgment of the council so tar far as the payment of rentals ds is concerned these rentals belong to the city and the citizens will be virtually defrauding themselves it if they pay it to any company other than where authorized so to do by the council for the rentals will eventually have to be paid palato to the city it Is understood that the council will back up any parties against whom the waterworks water works company enter suit on account ot of nonpayment of water rentals and that city attorney will appear for the defendants in such cases A special session of the city caty council was held last night for the purpose of further considering the water question the occa occasion alon of the al meeting being called was the fact that the company that claimed to own the ithe water system had sold its Id terest to the new company of which aji an account has heretofore been given city attorney herbert R macmillan was present arid add at the request of the council 1 gave the status of the water situation ja ill this city at the present time and his opinion as given is as follows folios s A judgment has bas been obtained in the case of ogden city against again A bear lake and river waterworks Water works and irrigation company ct al iby by ogden city forthe for the sum of which Is in exo excess essof of the rhe value of the system as found by referee lewis appointed by judge hiles which findings of tact act were approved iby by judge hiles and in case cage this judgment Is affirmed on appeal to the supreme court ogden city will not be able to realize out of the system itself the amount of the judgment that therefore ogden city has given notice of intention to apply for the appointment of a recel receiver ver to take charge of said waterworks water works system and collect the rentals tor for furnished through it and hold the them a tor for the benefit of ogden city and ito to satisfy said judgment for these reasons ogden city ait at tho the time the notice to water consumers waa given by ogden city waterworks Water works company passed a resolution notifying the that it would be detrimental to the interests both of the ca city ty and the water taxpayers to enter into a contract to pay any money to that company for water furnished through sam system unell the Ud litigation gation over the wat elwor ki was finally settled the wat having been transferred by the ogden city waterworks Water works company of utah to he 06 ogden waterworks Water works company an oregon corporation does not change our status upon this question but leaves us in the same position AS 23 before if we were right then we should again notify the leopla not to pay ray any money to or enter into any contract wath the oregon corporation for water furnished through tho the until ithe m matter atter Is fita afy settled in order that the rentals and effects ot of th the system will not be obtained and effectually disposal disposed of by the oregon company in such a manner as would be imps impossible sible for ogden city to satisfy an execution out of them aside from the reasons 1 I 11 have a ve aready ah eaffy stated for not signing these contracts in my opinion the contract Dro proposed posed iby by the waterworks Water works e company for the consumers ito to sign aim Is an unreasonable one because the rules and regulations adopted iby by the company are unreasonable aad and because aa as the courts have already held it is unreasonable to exact from the water consumers the payment ot of alx six months water rentals in advance in ln my opinion the company has thas no right to make such an exaction and the coult would declare a contract contra ot proposed by such company unreasonable and it the contract la 13 unreasonable the courts would enjoin the company or corporation from shutting off the water until a reasonable contract was r proposed ro Posed or e exhibited by them neither the gas or electric light compau leg require requite their patrons to pay tay in advance for their lights and in this respect it seems to me the light companies are in the same position and machor have the right to exact an un advance payment especially tor for six mon months at the conclusion of the tte opinion of mr air macmillan Mac MUlan councilman abbott moved that a committee of three be appointed which should retire and draw a resolution which would be in effect the same as the resolution liere heretofore passed pas sd except that it IDS be made to lahe present plia seat situation the motion carried unanimously and the president appointed abbott parry and jones the coar committee ailtee retired and upon the reconvening of theroun the council counell introduced the following resolution watch which was unanimously adopted on motion of councilman drown whereas in the case of ogden a of city ty vs va bear lake and waterworks Water works and irrigation company compan r et al it tas been decided that the contract of 0 aug 6 1889 with john R bothwell concerning the waterworks water works in ogden city and the resolution of october 4 1890 purporting to turn over to the bear lake and river waterworks Water works and irrigation company tahe the Water waterworks works system of ogden awty have been declared void ab analo initio and a judgment has been awarded in favor avor of ogden city for the sum of 9 al and to secure payment of the same has given ogden city efty a first and prior lien on the system of waterworks water works now naw being operated a led in ogden city and has ordered te the same to be sold to satisfy the said judgment and whereas the company now operating the said water system in ogden city cowit to alt ogden waterworks Water works company has notified all persons using water from said system to immediately pay water rentals to eald laid company for or such water and whereas in our the paying of any water rentals or the signing of any contracts for or water furnished through said system will endanger the interests of ogden city as well aa as the In interests tereAs and rights of the inhabitants of ogden city and whereas ogden city CRY has given written notice of intention in the above entitled case to apply for the appointment of a receiver of said water system said receiver to collect and hold bold all water until 6 aid case eme and all litigation over saiki system Is finally dispo disposer sil of a now new therefore be it resolved revolved by the city council of ogden city in special assembled this day of march 1901 that all such persons be and they are hereby notified that in the judgment of this council it would be detrimental tot to the hebest best interests of ogden olty city and its inhabitants as well as for the interests of all wa watce er taxpayers for any person or persons to pay any monies to or sign or enter into any contract whatsoever aver with the sa said d company or any of its predecessors or assigns for water furnished through eald said system as required by the said ogden water works company in the notice to water consumers dated march 19 1901 or iby by any other notice given toy by it or Hs its predecessors or assigns and all persons are further notified that in the judgment of this council to enter into any such contract above referred to would be inconsistent with the present stat status us of the litigation now pending in the courts in which said water system Is involved upon the V ae of the resolution the council adjourned |