The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-10-20

Claims For Rebate of Excess Street
Paving Tax-ResoIution Annul-
ling the Grant of Pioneer Square
to the Utah G Pacific Improve
ment Company - Warm Springs
Lease.
Everyone who sat throughout last
evenings city council session declared
it was a red hot meeting. Aside from
the political aspect of the proceedings,
occasioned by the Republican major
itys tactics in appointing election
! judges, referred to at length in another
column, the meeting disposed Of large
volume of important business Among
the matters Of absorbing interest con-
s1dered Was proposition to settle the
claims for rebate of the excess street
, paving tax; the preliminary steps to-
ward annuliing the grant of Pioneer
square to the Utah & Pacific Improve
rnent company, promoters of the Deep
Creek & Los Angeles railroad projects;
the demanding Of an accounting from
Mayor Glendinning of his expenditures
OF the $1,000 contingent fund, and the
granting of an extension of Barnes 6s
Byrnes' lease of the Warm Springs on
favorable terms
All the members, save Councilman
! Morris, who is in California on a we'd
ding trip. were present. President
Newell presided in a manner that ellie
tied unexpressed praise from his col
leagues.
A PROPOSED COMPROMISE.
The city attorney submitted a COM
munication to the effect that in the
case of the B, Y. Trust company ct al.
Us. the city for refund of the excess of
the street paving tax over the actual
cost which suit is still pending, the
attorneys for plaintiffs had informed
him that plaintiffs would accept city
warrants without interest on their de-
mands in full settlement of their claims
If the warrants We're drawn before
Nov. Is next, to be applied upon their
taxes. The principle involved in the
case is essentially the same as that in
the case of w. W. Ritter eft al, who were
excessively assessed for the construc-
ton of the First South street sewer,
the excess of which was refunded to
claimants. But in this case it is i'm
practicable to state the average over
charge per front foot. which the plain
tiffs were required to pay, since the
cost of the work on the several streets
in the paving districts varied consid-
erably, but the excess runs from 81 ~
81 Der front foot The amount of the
excess sued for approSin1ates $500.
The report concludes that without ex-
pressing any opinion as to the city's liza
! bility to refund the amounts claimed
/ by plaintiffs, there can be no doubt of
the fact that they are equitably en-
titled to receive whatever amount they
paid to the city in excess of the actual
cost OF the work and the city attorney
recommended that their request for a
settlement in warrants be granted.
The matter was referred to the city
attorney to verify the amount of ex-
cess due to each claimant.
GIVE BACK PIONEER SQUARE.
The following was offered by LIE Pro
hon as a bill for an ordinance and I'M
Eder the rules action was deferred for
one week:
Whereas. On Sept, %. 1896, this Council
passed a resolution which WAS approved
by the mayor ON the End of October, 1896
donating and granting all of block as in
plat "a Salt Lake City survey. known
as "Ploneer Square" to the Utah &,
Pacific InprcY enlent company. a corpora
ton, en- condition shat II proceed TO con-
{ Struct, equip and operate a standard
guaga railway from and 10 either of the
following points:
F'irst.-F'rom Milford, UtaG. in a. south
Cal. '' '''' y - ->-' 7e's7'
Sscond.-F'rom sa.ta4r toward Deep
Creek, Utah. or
Third.-Frorn Eureka. IJtgcl. into the
/ Deep Creek mining regi3n; and that SO
Intles of said road be constructed and in
operation for such business as might
| come 10 H. within one year from tine date
Of said grant and 100 miles thereof I1lEl:lt
be eiompIeted and in operation for bust
ness by the frs. day of January. 1898; and
Where's. More than enc year has
elapsed since el,a date Of said grant and
no part of said read has been Constructed
CT complEted. but tha said Utah &;
Pacific Improvement company las made
! default in the essential conditions of
sad grant;
Therefore. be it resolved:
F.Tst.-Tlef the aforesaid resolution
donating and granting el.i Pioneer
square 10 the Utah & Pacific Improve
( ment company, passed by the coUnc.l
Sept. %, 1895, end approved by the mayer
Oct. ., 1895, be and the same Is hereby
revoked cancelled and declared Y0:A.
Second.-That Hon. r. n. Bask.n, who
/ holds 1fla deed to said PH-lear square IN
escrow. Ia notified by the rac3rder cf the
PASSAGE of This RESTITUTION. end requested
TO return said escrow to ula maycr end
recorder. Ito bs by them destroyed in tina
presence of each other.
THE WARM SPRINGS LEASE.
In the matter of the petition of
Barnes & Byrnes, lessees of the Warm
Springs property, asking that their
present lease be extended five years
from the 31st day of March. 1906. and
that the rental for the said property
be reduced from 500 to $50 per month
and that during the last five years of
the extended lease the rental he fixed
at S100 per month, the committee on
public grounds reported as follows:
Your committee reports that it has
carefully examined this matter and in
Justice to all parties concerned recon-
mends that the petition be granted and
that the city attorney be instructed to
draw up new lease covering the mat
tiers embraced in this report"
Caltlster wanted action on the report
deferred until next meeting. so that he
could make some INQUIRIES into the
matter.
MulYey said that when the santa
rum company's franchise was granted
the city created a rival bathing estab-
Iishment and killed it's own property
Wiscomb declared that since the SAN
ttarium was opened the Warm Springs
had deprecated in value rs per cent
and that the lessees' daily receipts had
fallen from $50 to $40
Romneg was willing to reduce the
rent from year to year. but not to ex-
tend OF otherwise modify the lease
Aliens motion to eliminate the five
years extension clause was lost,
Daily proposed an amendment TO the
effect that the rental be reduced
70 $40 monthly fo7. +l,,oo .-aorC from,