West Virginia freeman. (Parkersburg, W. Va.) 1881-1886, 1882-02-01

my year.
w. c. Leonard, Committee from
Sixth Ward Engine Company sta,
ted to Council that the Company
had recognized and offered their
services to the city and also asked
for telephone for their Engine
House. The Mayor accepted ser
vices of the company, and instruct
ed Committee on Fire Department
to report at next meeting the feas-
Utility of running telephone to
their engine house.
l.. B. Delliker administered oath
to police and City Surveyor.
Abatement of dog tax of John
Earl, allowed; abatement of tax of
X. S. Foreman of SIS so allowed
Bill of Baker for witness fees re-
ferred to City Attorney.
The following bills were allowed
and ordered paid:
SENTINEL pub. reports. -. S 1000
Journal s 6" -. 1000
J. S. A. Farrow | so
Mayor Loomis stated that some
action should be taken on the wa
ter works question as their failure
to do so Immediately, might be con-
strued by the Water Works Com
pany as giving their consent to the
building of said works, and asked
the City Attorney if he had given
the matter any attention. Mr..
Cole then submitted the following
opinion:
To the Mayor and City Council of
the City Of Parkersbauy:
In obedience to your request /
beg leave to submit the following
opinion upon the question of the
validity of the ordinance entitled
IAN Ordinance, granting unto
the Parkersburg Water Works
Company, the right to build,
erect and maintain Water Works
in the City of Parkersburg, and
for providing for the furnishing
of said City and its inhabitants
with water,' passed on the 22nd
day of Nov. 1881.
have examined the ordinance
carefully as well as the
power of the City to pass it. |
have no doubt as to the authority
of the City to provide water works
for the use of the City and its in
habitants by constructing tt EN- it.
self, or by contracting therefor
with a person or corporation. But
whether the City builds such water
works itself, or contracts to have
them built, | am clearly of the
opinion that she cannot incur a
debt or liability for that purpose,
without first submitting all ques-
tons connected Herewith, to a
vote of the City, and obtaining a
three tifths vote in favor thereof.
The last clause of section s of
Article 10, of the Constitution of
this State, in effect provides, that
no city or municipal corporation
shall contract any debt unless all
questions connected there with,
shall have been first submitted to
vote of the people and have re-
ceived three-fifths of all the votes
cast for and against the same.
The ordinance above referred to,
purports to be a contract with a
corporation called the the Par
kersburg Water Works Company
by which the City undertakes, and
promises to pay the Water Works
Company at least the sum of$5 600
annually for the period of twenty
five years upon the completion of
water works by the Water Works
Company, which the latter under
takes to have completed within one
year from the date of the. ac-
ceptance of the terms of the pro-
posed contract by the City.
If this contract be valid and the
Water Works Company perform
the contract ON their part, then the
liability of the City becomes fixed
to pay to it at least the sum of
5000 annually for twenty-five
years, and, in case of the failure of
the City to pay the yearly pay
ments, an action would accrue to
the Water Works Co. against the
Citv to enforce the payment