Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1886-02-20
THE WATER COMMITTEE.

The committee appointed by the
council to consider the communication
submitted by the water company, met
at the city hall, Wednesday afternoon,
and adopted the following:
To the Honorable Mayor and Council
of the City of Lexington;-The special
committee to whom was referred the
notices served upon the council by the
water company, asking the council to
specify the particulars III which said
company has failed to comply with its
contract submit the following report
thereon:
The city council by resolution of
date December 20, 1885, declared the
contract between the city of Licking
ton and the Lexington Water Company
forfeited by reason of the failure of the
said company to comply with its terms
and conditions, and the said contract
being, in our opinion, no longer in ex-
i~stince, we believe it would be I'M
wise, in answer to said request of the
water company to specify the particu
lars in which said company has failed
to comply with said contract in order
that said company may remedy the
said defects as contemplated by said
request, for the reason that such an
answer might be construed to be a COLI
ditional waiver of the said forfeiture
upon said defects being remedied. We
therefore recommend that the council
| do not make such specifications as re-
quested. The notices by the company
referred to this committee, call for and
require no answer OF action by the
council other than has been taken.
In view of the differences between
the City of Lexington and the Lex
ington Water Company, your COM
mittee would report AS follows: We
believe that there is now no contract
between said parties. We believe that
the citizens of Lexington and the coun-
Gil which represents them are decided
ly in favor OF maintaining good and
efficient system of waterworks. AS
the facts have been developed we be-
lieve that the old contract was burden
some and unfair toward the city,
served to the city the right to operate
to do SO by the water company. coupled
with the obligation upon the city to pay
interest upon bonds issued by the com
pany. We believe that it is the desire OF
our people and the city council to treal
the Lexington Water Company fairly
and literally, but we believe that the
council would be derelict in its duty tC
the people if it should ever voluntarily
allow the city to become again bound
in said unequal contract. We believe
it to be for the best interest of all the
parties concerned that a modification
of the old contract if possible, should
be made, or that Il new contract SHOULD
be entered into with said company, Sc
that the city should he relieved from
said burdens, and only be required t(
pay for benefits received, and as re-
ceived; and as a step toward that en(
we recommend the passage of the fol
lowing resolution:
Resolved, That the mayor appoint
members of the city council to whom
shall be added the attorneys for tn
city, which body so composed shall
constitute a committee to meet, cOnfei
and counsel with the water company
or agents, or committee appointed b,
said company with the view of arrang
: ing terms of settlement of the difference
, now existing between the city and tn
Lexington Water Company, upon an,
basis that will require the city to pa,
for the water furnished, only wheI
furnished, al the same price mentione,
, In the old contract and shall relieve tn
, city from danger of becoming liable t
pay any sum TO the water company G
any person in the event of a failure b
the company to supply the city wit
t water as may be agreed. All of whic
y is respectfully submitted.
: JOHN KAUFMAN,
CHAS +. HOMER,
ROBT. a. HICKLIN,
: WILLIAM YOUNG,
Committee.