The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1892-12-14

The Cisy Council held an adjourned
meeting last night with all the members
present. Tho meeting was called to
order by the president, r. A. Buckner,
after which Mayor Trout's veto OF the
electric light ordinance was read.
The message is as follows:
To the Honorable President and Coun-
Gil of City of Roanoke:
GENTLEMEN: 1 beg to return herewith
without my approval the resolution
awarding to W.. IL. MacKay the fran
chise for the lighting of our city by cleo
tricity, which resolution reads as fol-
lows:
"Be it resolved by tho Common Coun.
Gil for the city OF Roanoke, that the con-
tract for lighting tho city with 100 arc
lights of 1000 candle power each, be,
and the Same is hereby, awarded to w.
ii. MacKay for the sum of 10 cents per
light per night; that franchise be
given to the said w. n. MacKay for fif-
teen years; that the city reserves the
right to purchase said plant at it's op.
tion at tho ond Of five years, and that
the city, when said purchase is made,
cent. interest on the Investment. We
further recommend that the city solicit
tor DO instructed to prepare contract
and bond to DO filed within fifteen days
from this date, said bond to DO in the
penalty OF $50. 900, with security, for the
aiIhful performance Of the contract"
My objections to tho above resolution
arc as follows:
l. 1t is very questionable whether tho
city can take less number than 100
lights, the words Of the resolution being
simply that the contract for lighting
tho city with 100 arc lights, of 1000
candle power each, be, and the same is
hereby, awarded to w. Fl. MacKay for
the sum OF nineteen cents per light per
night. This clause makes an entire
contract SO far as it's stipulations are
contained. In consideration of the city
taking 100 arc lights, MacKay will
furnish them at nineteen cents per ligh at;
II they do not take the 100 and burn
them all night, he is under no obliga-
ton to furnish any; therefore, if the
city wishes to burn part of the ligh is,
say fifty for half OF the night and fifty
for the whole Of the night, 1t could not
| do it. --.,. a.-.,5. ...
2. There is no provisionEm what
ever in regard to any additional lights.
IL OuO Slul WloAco duQlbiOndt llRuLS IL
has to make new contract and as all
OF the appliances, etc, will be in the
hands Of MacI[ay and as no othcr com
pany would probably come in to compete
with him and no has already o binding
contract for 100 lights, of course, he
can charge such prices as to him may
seem proper, the city being helpless.
3. While the franchise is given for
fifteen years. tho city only rest rves the
right to purchase the plant during five
years Of this period, and the ordinance
seems to imply that it will have to pay
| MacKay the original cost Of his plan t
and six per cont. interest on the invest
ment. There is no class OF machinery
that deteriorates with greater rapidity
scarcely than that of electrical appli
ances, nor IS there any class OF inven.
| tions which are making any more rapid
! progress than the improvements of olec.
trical appliances. II Mr.. Mackay puts
in the plant the city would have to let
| 1t run for year or Two to see whe Their
the plant would meet the requirements
| OF the city. If 1t found in the period it
would, it would have to buy it and pay
| the original cost OF the plant, with six
| per cont interest, without res ard to de-
| terioration, now electrical appliances,
| etc.
This objection could he obviated very
simply by having the right to buy dur
Ing the period of Ave or fifteen years at
u price to be fixed by arbitrators
! t. After very careful examination OF
tho resolutions | find there is no pro.
vision whataver in this resolution rs to
when Mackay is to fulfill his contract,
tho resolution not referring in any way
| at all to the speciicat ons or to his bid
it simply awards him the CONTRACT for
! lighting tho city without saying in &C
| cordance with the plans and specifca-
| tions submitted, or in accordance with
| his bid, or anything else and it is very
questionable whether the court would
| constr the specifications and bid with
the contract there being no reference
whatever and no necessity for the con.
struction of the one with the other The
ordinance itself, when he furnishes tho
bond, makes complete contract.
| 5. Mr.. McKay's own Interpretation
| of the contract, contained in an inter
view with him in the World of Decem.
| Der 2, which has not been contradicted
| 80 far as l know, says there is no pro
vision for the renewal of the option af
ter the expiration of five years, AMI that
the city will have no right to purchase
and contract with private individuals
and others for lights. 1t is extremely
questionable whether under the ordi.
nance Mr.. Mckay will have any RICH t
to furnish electricity otherwise than to
the city as there is nothing in the ordi-
nance about furnishing to any one else,
but If he does, the city should have the
right to buy the whole of the Franchise,
or none at all. He retains the private
contracts, etc, all the profit which the
city could make out OF owning the cleo
trio plant would be lost and there
would be no ground whatever for its
buying the plant.