The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-01-29

The city council went right ahead
last night, ignored the counsel of the
city attorney relative to the form of
bond the gravity sewer contractors
should bind themselves to in order to
secure the amount due on the final es-
innate Of the sewer, and accepted the
original bond submitted by the con-
tractors, thus not only allowing the
contractors the amount due over the
mayors veto, but assuming all respon-
sibility as to the validity and suficien-
cy OF the bond to protect the interests
of the taxpayers.
The session was a protracted one,
lasting till nearly y o'clock, but out
side of the mayors message the grav-
ity sewer appropriation was the most
important matter under consideration,
and furnished the ammunition for a
series of volleys between the members
of the council and the city's legal
representative
THE GRAVITY CONTRACTORS.
Through their attorneys. Williams,
Van Cott & Sutherland, the contrac-
tors sent the following communica-
tion:
1.-The undersigned, sewer contractors,
respectfully request that you approve
the bond, in the form and with the
sureties whose signatures are append
ed, herewith presented, as being in
compliance with the requirements here
tofore made by the council as a con-
dition to the payment of the final eSti-
mate of the engineer, of $51 001.3 50.
"They further represent that the said
bond in form is not satisfactory and
has not been approved by the city at
torney, to whom the same was referred
for approval in form. Said petitioners
submit herewith a form of bond pre-
pared by the city attorney and which
he requests be executed as a compli-
ance with the requirements of your
honorable body Your petitioners in
sist that the bond so submitted by the
city attorney contains numerous con-
ditions and burdens not eXacted by
you. and invite your attention partic-
tJlariy to the provisions that the I'M
dersigned shall receive and accept said
sum of S31 So as final payment and
by its acceptance making settlement in
fun on account of the said contract;
and, second, that the receipt of the
same shall obligate them to protect
and indemnify the said city from and
against all manner of damages for
loss or injuries it may suffer, for or on
account Of amy actions, suits for dam
ages growing out of the construction
of said sewer. now pending, or which
may hereafter be brought. and ire
spectiVe of the question of the liability
of your petitioners under their said
contracts; third. said bond require
your petitioners to assume and defray
the expenses of the defense Of all ac-
tons and suits in whatever court or
courts the same may be brought, until
finally disposed of, or that may grow
out of the said contract. and to save
the city harmless from all damages
whatever IN connection with the con-
struction of said sewer, and wholly ir-
respective of the liability Of your pc
titioners under their said contracts.
I'VE respectfully submit that these
are burdens never assumed by your Pc
titioners. not executed by your honor
able body, and that the same are arbi-
trary and unreasonable burdens, and
that they cannot assent to assume
them"
Mr.. Dale Immediately moved that the
original bond of $4,000 be accepted and
the warrant in final payment be is
sued.
CITY ATTORNEY M'KAY SPEAKS
CITY Attorney Mckay, upon request
was granted privilege to speak and
said that the original bond was not
sufficient to protect the city's interest
He made out a new bond and had a
talk with the contractors and they
promised to meet the city attorney
last Monday to talk the matter over
but the contractors did not show up
and while the council had perfect
right to accept the original bond he
as city attorney was unwilling to &c
on record as passing favOrably on it
THE council" he closed, may be
worked in this matter but they can't
work me-"
Councilman Romney denounced the
provision in the substitute bond sub
mitted by the city attorney as out
rageous.
O'MEARA TAKES EXCEPTIONS.
O'Meara took exceptions to the re
marks Of the city attorney suggesting
that the members of the council coulC
be worked" and urged that the con
tractors be paid for their work.
Stewart did not believe the council
could accept the bond unless the actor
referring the matter to the city at
torney be reconsidered. The matter
he said. had been referred to the attor
ney and he had vetoed the bond.
What does the city council amount
to: what are we here for?" queried Mr.
Romney. who thereupon repeated hi!
appeal to his brothers in the council K
accept the bond
A LOGICAL STATEMENT.
Mr.. Farley L. Williams, attorney fol
the contractors, was given the foo
and made a plain statement of thu
contractors position. mo lawyer" h
said "can dispute the legality of TIL
form of bond we submitted to you a
the last meeting. But the city attor
ney goes further and attempts to exac
from US something we are not liable
for under the contract. In other words
he wants US to agree that in receiving
this amount we must waive all claims