Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1882-12-26
THE WATER WORKS IN COURT.

THE WATER WORKS IN COURT.
Bill Filed by the City. The Charges
Against the Company. Lively
Time Anticipated.
The city of Knoxville, on yesterday, fled
a bill against the Knoxville Water Co., VIM.
A. Bingham and Geo. T. Shelton, to have
the contract for water works specifically
performed, or if this cannot be done to re-
sci j the lontract.
The bill alleges
That the contract between the city and
Knoxville Water Company is, that the
water works were to be built strictly accord
ing to the Moses Lane plau," except that
instead of stand-pipe for fire purposes at
the reservoir, a system of by pass pipes
shall be used.
That when the Water Company COM
menced laying pipe, complainant discov.
cred that it was
NOT COMPLYING WITH THE CONTRACT,
and ON demand of complainant to
know the reason, the Water Company ex-
hibited what is really nothing but the old
McDonough 4 Co. contract.
That this McDonough contract does not
contain plan, specifications, &c, upon
which the works were to be built under
contract.
That the McDonough plan is greatly in
ferior to the ''Moses Lane Plan" in every
material particular,
THE CHIEF DIFF RENoEs
being;
/. Works built upon the "Moses Lane
Plan would cost, aside from cost of site,
from one hundred to one hundred and fifty
thousand dollars, while works built upon
the McDonough plan would not cost ex-
ceeding S75, 200, and that McDonough &
Co actually contracted to build for $64, 900.
g. That the Moses Lane Plan" contem-
plated works suitable for the growing city,
while the McDonough only contemplated
works actually needed in 1879.
8. The Moses Lane Plan" requires a
system of pipes commencing with pipe of
20 inch interior diameter, with gradations
down to inch, while the McDonough
plan contemplates system commencing
with pipe of Is inch diameter, with
gradations down to inch. That the
classes, weight, thickness, &c, the aggregate
| weight, to be /, ,221 tons, while
THE M'DoNoUaH PLAN
provides for inferior pipe in weight, thick
ness, &c; the aggregate weight to be 92l
tons, or difference in weight alone of 500
tons, and that a corresponding difference
exists in the connections, special castings,
&c, and that the cost arising from weight
alone, without regard to difference in q lali-
ty, thickness, &C., would amount to several
tn .usand dollars; that sundry other differ
ences exist which will appear from copies of
} ~ hi tod al Il
the bill -..-.
That said Water Company is not only
violating its contract by insisting upon the
McDonough plan, but since it has COM
menced work, complainant is enabled to
point out some particulars, where it has
already failed to perform its contract, and
names some as follows:
1t is
NOT USING ANY 2O-INoH PIPE,
it is using less Is, less IL and less 8-inch
pipe than required and largely more 6-inch
pipe. 1t is not using any pipe stamped
with makers's name, class letters, &c, and
that pipe being used is not of the required
room, length, thickness, and is not free
| from rust, scab and all defects tending to
weaken or detract from the uniformity and
| strength of the iron. That the contract
required the Waters Company to repair
replace and restore all streets, lanes, alley,
ways and sidewalks with all convenient
and reasonable expedition and as fully and
completely, as before excavation, and to
pack and ram dirt over the piping put
down SO as to prevent after settlement, and
! that the surface in roads and streets shall be
restored so as to be in every way equal to
that before existing; that although the
water company had had ample time, it had
failed to comply with these requirements,
but had left
RIDGES IN STREETS,
from which mud was being scattered over
streets; has not packed and rammed Dirt
| has intermixed surface rock with dirt dug
up, causing much inconvenience to citizens
and many complaints and damage to city
| to amount of several thousand dollars;
that it is not placing fire plugs at points re-
quired by contract, and IN some instances
has placed them SO close to buildings as to
practically render them useless in event of fire;
that the city's right to become the future
owner of the water works under
the contract, was chief in
ducement to purchase, as it was
believed it would afford revenue to the city;
that the defendant has attempted to practi-
cally defeat this benefit, by
| MORTGAGING ITS CONTRACT,
for future Indebtedness not created at date
of mortgage, together with all its property,
income, franchise, ETC., made them per-
petual security for an anticipated indebted
ness, and has given to trustees power to
enter after default of payment of interest
continuing six months or on default of per
formance of any other obligation mortgage,
or to sell in New York after publication for
six months; that this mortgage is not bind
ing on complainant because
CONTRACT PROHIBITED MoRTGAGING
contract, and only contemplated or allowed
a mortgage on condition said company
comply with the requirements and obliga-
tions imposed and assumed by them under
and by virtue of their agreement, and that
a mortgage of works now being built never
was contemplated or agreed upon, and that
the trustees under said trust took
with full notice, the trust on its face refer =
ring to the contract with the city.
That the city was anxious to avoid litiga-
ton and made repeated demand upon said
company to comply with its contract, and
in order that there might be no excuse, fur
nished copies showing plans, specifications,
DC, of Moses Lane, but to no purpose.
That, still wishing to avoid litigation, it
rendered to said company the amount re-
ceived for real estate, &C., with interest,
and demanded a reconveyance of property
and cancellation of contract, but this was
refused.
The first
RELIEF sS-IaT
is, that said Water Company be compelled
to carry out and perform its contract, and il
this cannot be done, that the contract be
rescinded, the mortgage declared void and
the title to the property reinvested in the
city.
TIE bill is lengthy, having several ex
hibits, and AYERS other failures on the par
of the company, but the foregoing are the