People's voice. [volume] (Wellington, Sumner County, Kansas) 1890-1917, 1895-06-06
The Law of Waterworks.

facts in that case are identical with
those here. The original contract
was made with the Interstate Gas
Company to whom a franchise was
granted for twenty-One years. This
company sold to the Arkansas City
Water Company who executed bonds,
which pledged the water rental to the
payment Of the 'interest thereon.
Here the franchise was granted to C.
W. Hill, for period Of twenty years,
who sold to the present company,
whose bonds on the present system of
waterwOrks pledges the water rental
to the payment Of the interest there
on.
In the suit brought by the bond
holders against Arkansas City, the
United States court decided as fol-
lows:
l. A city Of the secOndclass, under
the laws of Kansas, is without power
to grant private corporation an ex-
elusive right and franchise to furnish
water for public and domestic use for
a period of q years, for this is an at
tempt to create monopoly-a power
which the city counsel does not DOS
SeSS unless iC is delegated in clear and
unmistakable terms.
2. But while the city would not
be bound under such ordinances to
accept the service rendered by the
water company for any definite peri
o6, it should yet be held to pay the
stipulated price for water furnished
for public purposes, so long as it &C
ceptS the service offered in pursuance
of the ordinance.
4. Where additions are made TO
the original plant of a water company
upon mere informal application Of its
officers, without any ordinance or
resolution prescribing terms and con-
ditiOnS, held, that the ordinance I'M
der which the original plant was con-
Structed should be looked to for such
terms and conditions.
From this decision it will be seen
that the City of Wellington can abro-
gate its contract with the water
works company whenever it sees fit
to do so; but so long as it uses the
water, it must pay according to the
ordinance. Let us look at the pres
ent situation. The city council has
passed resolution that it will not
pay any more water rental until the
system is brought up to the standard
required by the ordinance. But sup
pose there should be a fire tonight.
The fire department would rush out
and use the waterwOrks system.
Where would the city be then? 1t
would have to pay. This city cannot
say to the water company: "YOur
water works are not what we con-
tracted for; We will Use them when
ever we have need 10 do so, but we
won't pay you anything for water
rental"
But how much would the city have
to pay? The court, in the decision to
which we refer, after holding that so
long as the city uses the system it
must pay, says: But the obligation
Of this contract, like that of all
Others, is mutual, and, to entitle a
recovery for hydrant rental, the
standard of efficiency must fairly
comply with the terms of the con
tract" The court then quotes this
standard of efficiency which is the
same as in our ordinance. The court
then says; 1.-THE parties to this suit
were at great pains to make ample
tests of these fire hydrants under the
supervision of competent engineers
and experts, who have testified to the
results" The court is satisfied from
this evidence that the hydrants "do
not afford protection TO the portion
Of the city in which the same are To-
Gated, and are of no practical utility
to the defendant city. 1t follows
chat this claim for hydrant rentals
must be denied, and is denied"
1t will be clearly seen that the wat
er company cannot collect water
rental until it makes its works CON-
ply'with the standard of efficiency laid
down in the ordinance, but it could
collect from the city the actual value
ofsuch service as tine city accepts at
its hands in the meantime.
And there is another legal feature
of this waterwOrks question to which
we desire to direct attention of the
city government. The city Of Topeka
has just been sued for more than
$1,000 by the holders of the bonds
upon its system Of waterworks. This
suit is based upon provision in the
ordinance granting the franchise to
its water company which is identical
with section 9of our waterworks ordi-
nance which reads as follows:
SECTION 9. If said grantees shall
issue bonds secured by mortgage or
trust deed upon said works and ap-
purtenances, then the money due or
to become due for any hydrant rental
as aforesaid, or so much as NAV be
/ necessary ls barohv onpcnpr;otod a.