El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-10-26
IHATTELtPHONt FORFEIT
Comes Up Again In the Form OF
TWO petitions For Its Return
Sewers Ordered Bids For Side.
walk.

Eng ineer Wimberly reported in fav
Of putting in 1000 feet OF sewers q
accommodate several petitioners. Hi.
recommendation was carried out.
Alderman Ogden reported that two
street sprinklers had been taken GU
and that two wooden tanks be ordered
Wood he said was preferable to stee
As the alkali water eats into steel Hi:
recommendation was carried out and
il was ordered that the tanks be paint.
ed Alderman Ogden suggested thai
some painter be given the contract fol-
painting the tanks with the privilege
of decorating them with advertise
Mayor Burton acquisced and il was SC
ordered by motion.
Alderman Clifford of the finance
committee reported the following bills
which were unanimously approved
Times. publishing delinquent tax
list once each week for three consecu-
tive weeksJ. 800.
Schreffier & Evans filling on smell
ter road. s502.65.
Fenchler Bros. (meat supplied to
pest house during August. s10.S5-
J. f. Terry. tdirD. $40.
j. b. woodward. $3.50.
Street and Park pay roll. $40.
Judge Kemp read the following re-
port:
To the Mayor and City Council of FL
Paso. Texas.
Gentlemen: Your committee. to
whom was referred the claims of the
International Light and Power COM
pany for electric light furnished the
city. for the months of June, July,
August and September. 1900, respect
fully report as follows:
That with the object of making a
fair and Just payment on account, in
accordance with the power on your
committee conferred. they have con-
cIuded to pay the said company the
sum of $500 per light. per month. for
the light furnished the city for the
months named under the alleged con-
tract between the city and said COM
pany: but. inasmuch as il is contend
ed by the city that said company has
not complied with the terms of its
franchise. nor with the spirit and
stipuIations of its alleged contract ii
claims to have made with the city on
the ed of March. 1900. in the matter
of furnishing lights. and whereas the
said city contends that said company
failed to furnish light within the time
il agreed TO furnish them. and that
the lights furnished have. and are
not of the power and brilliancy prom
ised. the aforesaid payment has been
made with the understanding and
agreement between the city and said
company. and upon the condition.
that il shall in no sense be considered
an admission on the part of the city.
nor evidence that the said company
furnished its lights in the proper time.
nor that the lights furnished have
been OF the proper brilliancy and pow
er: and with the further understand
ing and condition that the city is in
no manner TO be stopped either from
claiming what il may consider its
rights and benefits. as understood by
IL under the aforesaid alleged con-
tract nor from asking that the same
be rescinded or set aside. If under the
facts in law or equity the said instru-
ment should be annulled. nor for
claiming any rebate. counter-claim or
set of il the payment now made should
exceed what is due said company ac-
corting to the terms of said alleged
contract. The object of this action is
merely to make a just payment or
advance pending contention on the
part of the city that said company did
not furnish lights in time. and has fur
nished and is furnishing lights of in
ferior power and quality; and IL is not
intended that either party shall be
estOpped from hereafter setting up or
claiming any right of action or de-
Tense it may ever have had under the
aforesaid alleged contract or any other.
We respectfully ask that this report
be approved.
]. B. w. Burton.
Acting Mayor.
Fire and water committee. by
Jno. Drummer,
s. Peticolas.
City Electrician
Wyndham Kemp.
City Atty.
FL Paso. Texas. October II. 1900
The International Light and Power
company agrees to and accepts the
foregoing report and its conditions.
International Light and Power Co.
BY J. p. Deter.
President. !
The clerk read a petition from Geo. |
Look for sewer extension from block |
16l to 152 CampbelIs, granted.
S l.. Herring filed notice of claim !
against the city for damages because |,
he fell into an excavation at the cor |
ner of Stanton and Utah streets and !
injured his back and head. He asked /
SO 900 damages. Referred to the city /
Suit by the same party has already |
been filed in the district court.
A request for tax refund on
double assessment was asked for by +.
Mrs. Mex. Johnson. Referred to the
taxation committee.
A communication from the league of /
American municipalities was read in
yiting the council to send a delegate
to- the next convention at Charleston.
South Carolina. The invitation was
filed
F.. b. McEIroy requested the return