Durango semi-weekly herald., 1907-08-08

WAS brought up Tor final passage. The
vote stood four to four. and the mayor
voted yes. He explained his vote by
saying that 1t was necessary to have
good counsel at this particular time,
which could not be obtained at the
salary established for city attorney.
Ordinance No. 443, amending section
l of ordinance 24s. regarding the paint
ing of poles was passed.
Ordinance No. 444, regulating the
conduct OF saloons and other drink
ing places and resorts was passed.
Ordinance No. 445, establishing sew
er district No. 1 and providing for
the construction OF sewers therein was
np for final passage and on roll call
received the unanimous vote of the
council.
Ordinance No. 44G, repeating ordi-
nance No. 407-the Lotus franchise
ordIpance--was the next up and
brought out some heated discussion.
As the consideration Of this ordinance
was laid over from the adjourned
meeting In order that the city attorney
might advise the council Of its legal
aspect, the attorney was called on
for advice. He stated that he had re-
quested the members of the committee
to furnish him with all the informa-
ton in their possession regarding the
charge that the company had not full
filed the provisions and requirements
of the franchise ordinance. but this
had not been done and he could not
advise the council what to do until
such information had been furnished.
Alderman Mcclellan opposed the or
dnance because he did not want to
involve the city in an expensive law
suit.
S. II. Henderson for the light plant
said the company had not failed in Its
efforts to fulfill Its part of the agree
ment. That reduction OF " per cent
per kilowatt had already been made
and further reduction would be made
later.
Matt Harrington stated that some
| light and power users were getting
service much cheaper than provided
for in the new franchise.
Alderman Mcclellan moved that the
ordinance be laid on the table. No
second.
Alderman Casey said the franchise
had bean obtained under misrepresen-
tation; that when the franchise was
up for the approval of the people
IL was stated that plant entirely
separate from and in opposition to the
old company was to be established. "At
the same time" said Mr. Casey, "the
agreement was made for consolida-
| tion with the old company before the
| franchise was granted to Mr.. LOTUS.
s. H.. Henderson said the company's
intentions were good, but that the men
who were fighting the company hard
est now prsyeDted the building of the
water power plant above Animas City.
Mayor Mcconnell stated that when
the matter came TO Il vote he may
be called upon to decide and he wished
to explain his position before hand.
When the question of the new fran
chise came up with a promise of u
plant separate from the old concern
he had hailed 1t with delight as n
means of relief from the old company.
|, And he advocated the granting of the
Lotus franchise, believing those want
ing the franchise were acting in good
faith. After the consolidation of the
two concerns he began to suspicion
that the city had been taken in and
was inclined to that belief yet. How
ever, he yet had hopes for relief. The
franchise was not anexclusiye one and
the council could grant other fran
chises If II desired, regardless of
whether the present one was In exist
ence or not. He didn't see where the
wy Wouiu buih bs thc iiu
chise and 1t would involve the city
in an expensive law suit. He was op-
posed TO forfeiting the franchise for
the reasons given above.
Alderman Mcclellan moved that the
ordinance go over until the next meet
ing and that the light committee be
requested to furnish the city attorney
with any information in its posses
sion, SO that he could advise the coun-
ell whether the Standard has fulfilled
its part of the agreement. The motion
was carried. Aldermen Folsome and
Scouton voting no.
Animas City asked for an extension
of thirty days on the time given II
regarding its contract for using water
through the Durango system. The
same was granted.
Bids for laying crosswalks were next
under consideration. Alderman Scou-
ton wanted definite understanding
about the charges OF the engineer for
the laying OF the walks.
city Engineer Henderson said he could