Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-08-27
Pioneer Company Offers City
Council a Counter propo-
sition on Gas.
MATTER GOES OVER A WEEK,
CITY Attorney Ogden Hiics Holds That
There is no Existing Contract
For City LIGHTING.

gas street lights the Utah Lisht O.
Railway company succeeded In having
the report OF the committee on
streets and improvements laid over for
n. brief time so that the matter OF en-
tering into contract with the Wels-
bach Street Lighting company OF Am
erica for installing its gas lights In the
place of electric arc lights now In use
was not acted upon ut ALL seeing that
the committee had determined to have
gas lights instead of arc lights, the OLD
company put in proposition TO iurn-
ish the same gas lights as the Wells
bach company and at the same price,
ramely sac per light per year for the
flrst three years and $50 per light per
wear for the second year period.
The Utah company also ortered 10
install for a test of two or three weeks
20 candle-power incandescent electric
lights on two blocks. The electric
fights will cost $40 per year each for
the first three years and s2S per year
each for the next three years. 1t also
offered to make o. test or the Westing-
house light and also Of the Welshach
light upon the same conditions as the
Incandescent light.
Mulvey and Black urged that the
welsbach proposition be adopted with
nnt waiting any longer to consider the
Utah Light & Railway company's
proposition. but this was opposed by sew
eral councilmen and the report of the
committee recommending the accept
ance of the Welsbach system was fnal-
" laid over for week.
CITY ATTORNEYS OPINION.
In connection with the lighting mat
ter. the committees had asked City
Attorney Ogden Hiles for an opinion as
TO whether or not the old contract
with the Utah Light & Railway COM
pany for arc lights which was not re-
newed at the expiration OF the last
three-year period was still In effect as
claimed by the company. The attorney
stated In the following opinion that
the contract is not In force and that the
council Is at liberty to make any other
contract 1t chooses:
Salt Lake City, Utah. Aug. 26 1907.
To the Honorable President and Mem
hers of the City Council of Salt Lake
City. Utah;
conference.-the question has been
propounded to me whether the contract
of Salt Lake City with the Utah Light
g. Power company OF the date of March
r, 1901, for lighting the streets of Salt
Lake City, is still in force having re-
gard TO the terms of that contract and
the terms of the ordinance entitled IAN
ordinance ratifying and confirming the
transfer of franchises to Utah Light Il
Railway company. corporation, ex-
tending the life OF said franchises, and
amending the same, including the fran
chise of the Utah Power company"
passed Aug 3, 1905, and approved Aug
q, 1905, or whether the paragraph OF
section of said ordinance, considered
in itself is Il contract of the city with
the grantee that the grantee will fur
nlsh, and the city will accept and pay
lfsrl,, fA,. hynl n -
period from the time of the passage and
approval OF such ordinance, according
to the prices therefor provided in the
contract of March 5. 1901.
SOME PROVISIONS.
On the first consideration / observe
that section of the contract OF March
s. 1901. provides as follows:
This contract shall be operative in
all its parts and conditions beginning
March l, 1901, and shall terminate
March /, 1904 provided, that in the OPP
ton of the city council of said city said
contract may be extended in all It's
parts and conditions for a period OF
two years after said March /. 1904. by
said city council giving not less than
90 days notice in writing, previous to
March 1, 1904, provided. that In the OPP
& Power company of its intention to so
extend and renew this contract"
BY the foregoing term, said contract
would, by its words, have expired on
March l, 1904, had not the city exercised
its option to continue the same for two
years. which 1t did by the following
communication in writing to the Utah
Utah Light & Power Company;
Dec. 3, 1908.
Utah Light & Power Company:
Gentlemen-You are hereby notified
that Salt ,alSa ('lfy nNar1iGaG lie nrltiOO
TO extend, In all It's parts and condi-
tons for a period of two years after
March /, 1903 that certain contract
entered into between Salt Lake City
and the Utah Light & Power company
on the 9Th OF March. 1901, providing for
the lighting of the streets OF Salt Lake
City, by the said Utah Light g. Power
company.
"The said city hereby gives notice to
so extend this contract"
Tho action of the city council author
izing and directing this notice is as fol-
lows:
In the matter of communication
72O of the chief of the fire department
calling attention to the contract with
the city and Utah Light g. Power com
pany, we recommend that said contract
shall be in continuance for two years
and that the city attorney be Instructed
recorder properly notify Said Utah
Light Il Power company.
UNTIL MARCH 5. 1906.
This report from the committee OF
the whole OF the city council was pre-
sented and adopted at the meeting OF
the city council held Nov. 20, 1903.
by direction of the city council, Salt
Lake city. Nov. 81. 1908"
This letter had the effect of contin.
ulng the contract OF March s, 1901, "a
March 3, 1906. at which latter date II
terminated by the express terms OF tho
contract. There Is no provision IN the
ordinance Of Aug 4, 1905. continuing
ms contract Of March /. 1901. beyond
March s. 1906.
therefore, that contract Is no longer
m force, and Is not binding on either
or the parties thereto.
on the second consideration, name
~, az TO whether paragraph OF sec
non OF the said ordinance ~ Aug. 4
!po' considered IN itself, Is contract
ior three-year period 10 furnish
street lighting ms aforesaid | observe
mat said paragraph IS as follows,
SAID Utah Light & Railway com
pahy further agrees that during the life
OK said franchise It viii furnish TO said
city Tor municipal street light pur-
loses through contracts, OF moi less
vhhn lnree-year periods, arc llghte
which Will give an average illumination
~ nqi less than the present standard
apo MHtt enclosed carbon are lamps,
NJ IlBhl service, at price not to OK
geed SIX s6) dollars per lamp per
.nonth' as provided now under con-
IA 81 tH nj Ns...