Omaha daily bee., 1906-10-04
CITY COUNCIL PROCEEDINGS
New Gas Franchise Ordinance Gets e
Rather Il illv reception.
cOUNclLasN LISTEN TO ITS DEFECTS
Assistant city Attorney Dunn Tells
of It's Drawbacks and zimmRn
Proposes New Deal on
street Lighting.

Dollar gas, one Of the couucilmsnic night
mares, was brought up at the council meet
ing last night, when Councilman Funk
hOuser. chairman OF the lighting commit
tee, reported he had an ordinance submitted
by @. W. Clabaugh. Frank Hamilton and
Thomas Dolan. officers OF the Omaha Gas
company The only action taken on the
matter was to listen TO an opinion from
Assistant City Attorney Dunn on the ordi-
nance and remarks on the general subject
Of gas from several Of the councilmen. In
substance, MIR. Dunn's opinion was:
The proposed ordinance. II passed, would
take out OF the hands Of the council and
the people the right to regulate the price
OF gas or hx II at lower than 81. The
price of gas may be all right today at
81 and all wrong tomorrow. 1t must be
! remembered that II the ordinance Is
passed. it would become contract The
time has come when no public franchise
should be permitted to bind the people
TO any particular rate. The council should
retain the right to regulate rates at any
| time they become unreasonable. This
ordinance is practically an extension OF
the present gas contract, which expires
twelve years hence.
other Defects in Ordinance.
Clsbaugh, Hamilton and Dolan to assign
the franchise. If granted to the Omaha
Gas company Then the ordinance per-
mlts of extensions only under certain con-
| ditions. The council should retain the
right to speak for the property owners
at all times in the matter of extending
gas mains when necessary. The pur-
| chase proviso Is defective in that II pro-
vides that enc appraiser shall! be appointed
| by the gas company, one by the mayor
and the third by those two, making an
agreement impossible, or at least i'm
probable. In my judgment the council
should get together and outline what they
want for a gas franchise and then submit
that franchise to the gas companies The
ordinance in question IL practically the
same as the existing contract with the
Omaha Gas company"
1t was brought out in a forcible manner
that the ordinance submitted was silent
on the matter of street lighting Coun
Gilman Funkhouser stated he approached
the Omaha Gas company on that subject
but the officials were not disposed &c
grant any concessions along that line.
Zimman Has Suggestion.
Councilman Zimman' said he thought tbs
council could repeal the present stree
lighting gas contract, which was forced
through the council chamber by the aiC
of the police and the gas company's at
torney. Mr.. Zimman contended the ga
company should furnish the city gas fo
street lighting purposes at a rate Of a
least 81 per 1000 feet. and showed how
lamps could be maintained for $3.50 pc
year, OF a total of $3.50 for each lamp pc
year. it being estimated that each LAM
would consume 12,00o feet per year. Tn
present lighting contract with the omah'
Gas company provides for rate of 81
per lamp per year.
Bids for paving Lake from Twenty
fourth to Thirtieth and Charles from
Twenty-sixth TO Twenty ninth were openei
and referred to the city engineer TO
tabulation. 7r go 80
Councilman McGovern offered a resolu
ton creating the Office Of meat, hotel an
restaurant inspector at a salary Of a,&
per year. to replace a former resolution
carrying a salary of $500. The resolu
ton was referred to the general committed
There did not seem to be an unanimity o
, opinion as to the needs of a meat in
spector.
The September appropriation ordinanc
was passed.