Durango semi-weekly herald., 1907-07-29
CITY COUNCIL NET LAST NIGHT.
lFrom Fridays paiIv.l


The first business up for considefa-
tion was that of considering the pro-
tests OF o. +. Boyle, w. C. Chapman,
Frank Eldredge and John w. Wingate
a-ainst the construction of the pro-
posed sewer under the plans and speci-
hcations already adopted. Clerk Rus
sell said he had notified them that
their protests would be considered 1t
this tire and requested them to be
present or represented at the hearing.
None of them were present or had
representatives at the meeting.
The protests were then read and
discussed and at the conclusion Of
each Alderman Thomson, chairman of
the sewer committee, offered reso-
luton TO the effect that the said pro
tests be refused and denied and that
the council decide in favor of con
structing the sewer according to the
specifications already adopted. Tine
resolution was adopted in each case.
Alderman Folsom objected to the
item in tie estimate of 81 900 for the
Stilwell sewer. He said he unde--
stood from the city attorney that the
sewer now in use could be condemn
ed and he did not see the use of that
cost being taxed against the sewer
frontage of the whole district
Alderman Thomson introduced ordi-
nance No. 445 ordering the construc-
tion of sanitary sewers in sewer dis
trict No. 1. and moved that it be pub
lished. On roll call the motion was
carried, Alderman Neaglin voting no.
Alderman Mcclellan introduced or
dinance No. 446, providing for the con
struction of sidewalks, designating
the material to be used and the meth
cd and manner of construction. The
motion was lost The ordinance pro-
vided that all sidewalks, constructed
of cement. stone or vitrified brick
should be done under the supervision
of the city engineer That it would
entail an extra expense to the city was
given as the reason for voting ii down.
Alderman Folsom introduced ordi
nance No. 446 repeating ordinance No
430. the ordinance granting the Lotus
franchise. This brought out consid
cradle discussion and sections six
and fifteen of the franchise grant
were read. These sections re-
quire that Lotus, his heirs or
assigns should give bond in the sum
OF $1,000 before the commencement of
work on the permanent construction
OF the line to protect the city against
any damage during the time of said
work; that he must begin the construc-
tion of the line within six months af-
ter the date of the final adoption of the
ordinance and complete 1t within TWEEN
ty months.
Alderman Casey took n fall out of
the former city attorney for allowing
the ordinance to go through in that
shape. He said he asked the city at
torney at the time of the adoption of
the ordinance If the city's interest
were fully protected and the attorney
said they were. "It looks to me as
2hough the city had been buncoed,"
said Mr.. Casey.
Fl. T. Henderson for the Standard
Light company spoke in behalf of the
company. He said the company's
books would show that nearly $4,000
had been expended in taking over the
plant of the old company and adding
new machinery. These. he contended
were in the nature of permanent i'm
provements. The company, he stated,
was just now getting to point where
a reduction of rates could be made,
but If the council took the action pro-
posed 1t meant fight to the bitter end.
The city attorneys opinion was ask
ed as to whether the council could re-
roke the franchise.
Mr.. McCloskey replied that he could
only advise them of their legal rights.
AS to whether the company had failed
to comply with the requirements of
the franchise he could not say. The
councilmen would have to ascertain
for themselves the amount OF i'm
provements made and the date of com
mencement of the same. If all the
facts in the case were presented to
him hit could then advise them what
to do.
Alderman Mcclellan moved that the
ordinance be laid over until the next
nttlihS loi hhNtatilBdtiph. J. nc. IIo-
ton was carried.
Chairman Casey of the finance com
mittee reported that the books and ac-
counts OF the various officers had been
audited and found to be correct.
Chairman Scouton stated that no
bids had been received for the pur
chase of the machinery of the old wa
ter works.
Alderman Folsom moved that the
motion passed some time ago provid-
ing for the sale of the water works
machinery be rescinded. The motion
was carried.
Alderman Scouton presented reso-
luton providing for the acceptance OF
the governments grant of $500 acres
of land for reservoir purposes and
that the proper officials make the
necessary application for the same.
Objection was made that there was
no money appreciated for paying for
ths,e al fnl., 0 o. "a