The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-04-23
CITY IS BOUND
TO LOSE OUT
Council Faces Another Serious
Dilemma Over Side
walks Contracts.
WOULD HOLD THE COMPANY
LONG WINDED DISCUSSION
AMONG CITY FATHERS.

The city seems to be up against
game of ''heads I win, tails you lose."
in respect to the sidewalk contract
which the Utah Ffreproofng company
refuses to carry out. The matter was
discussed at length in the council last
night. and was finally referred to the
evening, with the city attorney and
engineer associated.
In 1905 the Utah Fireproofing eon1pa-
ny entered into contract to lay "ap-
proximately'' 200,0o square feet of
sidewalk. Up to last fall it laid Loo, 600
feet, and 100000 feet of the work as
signed 1t by the council from time to
time under its contract is now incosn-
pleted and the company refuses to COM
plete it, alleging that it has done more
than enough to fulfil it's contract. This
is the opinion of the city attorney and
the board of public works, and the mat
ter came up in a communication from
the board recommending that the COM
pany be relieved from further work.
Would Hold Company.
TIE majority of the council seemed,
however, to be of the opinion that the
company should be held. The reasons
for this is apparent. If it is not held
the city will have TO pay the difference
IN the cost of completing the work this
year and the amount of the assess
ment levied and paid according to esti-
mates based on the Utah Foreproofing
company's contract This will amount
in the aggregate to perhaps $4,000. as
the price of material has advanced
since the contract was let. If the mat
ter is taken into the courts the opinion
of the city attorney will probably pre-
vail and the city will have to pay any
way.
The discussion last night was start
ed by Councilman Ferry, who stated
that in his opinion this matter should
be settled one way or the other. He
said:
Under this approximation system of
letting contracts, when a contractor
has done considerably more than the
approximation and the price of mate
rial goes up, he can refuse to do any
more work If the price goes down he
is willing to proceed and wants more
work. This is the case with the Utah
Fireproofing company. When the con-
tract was granted In 1895 the prices
were higher than they were in 1906. and
the company during the later year
took all the contracts it could carry.
horins 90 make big stake. Unable to
finish its work that year, and f1ndins
that the prices have gone up this year,
II now wishes to crawl out from I'M
der. ] don't believe in this kind of bus
mess. and the sooner we get a judicial
opinion as to the liability of these con-
tractors on this point the better, and
the present case it seems to me offers
exceptional advantages as a test case.
The city should stand upon the con-
tract and force it's completion"
Crabtree Raises Point
Councilman Crabtree was of the
same opinion, and said that the city
attorneys opinion did not cover the
most essential point in the whole ques-
ton. This he claimed to be the fact that
the company had started all the extern
sions, but had not completed work on
any of them. In his opinion once work
was started on an extension II became
the duty of the contractor to finish it
Councilman Fernstrom was of the
opinion that the council should either
order the company to complete its
work. and upon failure order the board
of public works to do ii at the con-
tractors expense. or drop the contract
entirely. He favored the latter course,
because, he said, that the city engineer
had not provided location stakes fast
enough so that the work could be done,
and therefore the contractor could not
be held.
This latter assertion was vigorously
denied by Councilman Tuddenham, who
said that the company was out to get
all it could out OF the contract. and
that instead of being delayed by the
city it had disobeyed orders continually
and had done its work wherever and
whenever it pleased-had left great
piles of dirt in the streets which it
would not clean up until compelled TO.
He also asserted that the city will have
TO pay the balance. anyway, II the
company is not held, as all the assess
nents have been levied and paid and
that the best thing to do is to fight.
Let the Lawyers Work.
THE city has hree attorneys, and
they might as well be busy as not,
commented Councilman Black. 1T
won't cost us much to fight the case"
4'But it viii practically stop all side
walk improvements until it is settled"
responded Councilman Preece-
Mr.. Fernstrom was of the opinion
that as the city attorney had decided
against taking the matters 10 the
courts, it would be necessary to hire
another attorney to fight the case.
Mr.. Tuddenham then broke in with
another roast of the company. saying
thar it had never obeyed orders and
that he was sick and tired of it's dila-
tory practices, and would do all in his
pow er to hold 1t to its contract.
Councilman Holiday ended the dis
pute by moving that the whole matter
be considered Thursday evening
The paving contracts awarded p. J. |
Moran Saturday by the board of pub
lie works We're approved by the coun-
ell.
The old matter of returning TO S. |
Birch and J. Kennedy the checks