The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-08-16

the waterworks company and these two
TO appoint third member
BY this franchise. in plain language
Ogden city has bartered and contracted
away Tor fifty years it's express authority
to fix water rates
The provision for revision of rates
every ten years by a committee of three
persons, as therein provided for is of
questionable validity; but however that
may be there is no provision for any of
the number less than the three fixing the
rates and the unanimous consent of the
three will be necessary to effect a change
OF rates, and as the Ogden Waterworks
company appoints one, it is not unreason-
able to infer that at least no reduction
can be made during the long period OF
The Boutwell, contract in reference to
rates provides:
Sec. 9. 1t is understood and agreed
lnat the rates and rentals charged by
John r. Boutwell, and his assigns shall
not exceed the attached schedule for CITY
purpose. and shall not exceed 80 per cent
OF the present rates to other consumers
and in three years there shall be fur
ther reduction of 10 per cent and in six
years another reduction Of 10 per cent
from the present rates. 1t is fur
ther agreed that the basis of charge to
consumers shall not be changed from that
now used. except by the approval of the
city council first obtained.
There is no language in that contract by
which Ogden City limited or contracted
away It's express power granted to ii by
the legislature 10 fix rates That contract
fixes no time limit for its existence. and
In our opinion. the city council could not
without limit contract away its authority
derived from the state to fix water rates:
nor did ii even attempt so to do under
the Boutwell, contract. within the settled
rule of construction. just quoted
No language is used that would be
construed. we think TO limit the CITY
councils right to exercise it's express au-
thority to fix water rates"
Knoxville Water Co. VS.. Knoxville 1S9
L. S, 434.
Knoxville VS.. Knoxville Water Co 81
l.. r. a. SSS.
IF the new franchise is sustained. this
important valuable. right from time to
time revising and fixing water rates.
which existed in the city council. is by
years.
In the second place. no city council
can contract or barter away the police
power OF the state. Under that power.
cities can regulate laying of pipes. re-
storing streets, and make and enforce all
reasonable regulations required in con-
Quoting and carrying out said business
also provide for a license fee etc, conse-
quently the sundry provisions in respect
TO such matters contained in the new
franchise are all by operation OF law, to
the fullest extent, to protect every right
OF the city applicable to the Boutwell,
contract No additional legal rights are
Obtained by the city from those pro-
Visions.
I'm the third place, it is to be observed
that the expense of meters fall upon the
consumers. an expense not found i'm the
Boutwell, contract; Also that in the Both
well contract. 200 gallons of water per fday
per capita is required u be provided That
provision is not found in the new fran
chise, that ordinance is silent upon that
subject.
LAS to the extension of water mains
the two are substantially. in legal effect
Identical. In the matter Of free water
the Boutwell, contract provides for that
(after specifying hydrants for which a
rate is to be paid. as follows: CITY
buildings. public schools and grounds.
pulic fountains and water troughs.
parks. city squares and lawns street
sprinkling. and all other municipal uses
of water. free
while under the new contract free wa
ter is limited to the number of public
drinking fountains. water troughs etc
the school board is required to paw for
sprinkling grounds during summer
months. In reference TO city parks and
squares. it is limited to designated ones.
and numerous regulations are added
making the burden more onerous upon the
city.
I'm our opinion. not one additional legal
or pecuniary advantage to the city. of any
consequence is to be found in the new
franchise. not fully secured by the Both
well contract while on the other hand
come rights of vital importance are in
serious danger of being lost to the city"