People's voice. [volume] (Wellington, Sumner County, Kansas) 1890-1917, 1897-10-07
The Terms of Settlement.
Daily Journal. 9Tth nit.

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settlement agreed upon at the confer
eDee held in the Carey hotel at Wich-
TIA Saturday afternoon between COun-
Gilman A. Graf and Attorneys H. l.;
WnndS, G. E. Elliott and James
Lawrence for the city and Hon..
Eugene f. Ware and Charles Perry,
representing the waterworks company,
tbat the case entitled "The City Of
wellington, plaintiff in error, vs.. The
Wellington Waterworks, defendant in
error" now pending il supreme court,
shall be affirmed at plaintiffs costs,
and agreed between the parties that
no action shall be brought by the
defendant 10 error, or their successors,
up0n the stay bond given 10 the case.
The defendant 10 error waived any
C1aim for damages by reason OF the
plaintiff in error having held posses E
stoa of the property of the water
BorkS plant
The supplemental decree which will
be filed 10 the United States circuit
curt as soon as the parties to the
contract sign and ratiiv the new
contract, is that the city shall, on or
before the first day of August, 1898,
pay the taxes for the years 1895 ard
1886, which have been levied and
assessed upon the property of the
plant, such payment to be full salts
faction and discharge Of all obligations
iOr hydrant rental for said years. The
water company is to pay the costs in
the court and the special master here
tofore appointed is to be discharged.
The city Of Wellington agrees 10 the
decree that it claims no right, title
aud interest in and to that portion Of
Che mOrtgaged plant lying and situa-
Ted within the corporate limits OF the
city. This does not in any way
release whatever right the city may
claim to the plant under eminent
domain" In the City'S petition be.
fore the court the claim was made by
the attorneys thai the city held some
property interest in the plant and The
C0urt had left that point open for
adjustment. The above agreement
merely does away with this claim and
closes the decree of the court.
The contract under which the plant
will be operated until January |,
1900, is as follows:
THIS AGREEMENT, made and en-
Tered into by and between Charles
Perry. 5. G. Eastman and James NJ.
eeDdleton, purchasers of the yelling.
ton waterwOrkS, and the city of Well
hngtOn, Sumner county, Kansas,
WitneSSeth: That said purchasers
are to operate and maintain said We'll
hngtOn waterworkS andfurnish to the
said city of Wellington and the citi-
EenS and inhabitants thereof, water
Tor the full term Of three years from
Che first of January, 1897 as herein
after provided.
The city shall have at all times,
the right to use all Of the hydrants
now in place for fire purposes, paying
as rental therefor sum equal to tif-
teen hundred dollars per calendar
gear Plus all taxes levied for the cal
endar year upon all of the property of
the waterwoTkS plant, as shown by
che books of the county treasurer.
This rental to begin as of January lst,
1897, and continue for three years
therefrOm.
All rentals due to the owners of the
plant for 1897 shall be paid, one.half
on October 6, 1897, and balance on the
first pay of January, 1898, and there
after the city shall pay $375 quarterly
1t the end of each quarter.
The purchasers OF said waterworks
plant, and their successors and assigns,
shall maintain and operate until JAN
uary lst, 1900, the said plant in the
same manner aud continuing state of
efficiency as the same has been oper.
ated during the year 1897, up to date,
and shall, from time to time, make
such repairs as will keep the said
property up to the said state Of stfic.
iency,
in tue event Of any accident or un-
forseen event sudden damage shall
ensue to the plant, which it will take
$1,000 or more to repair, the owners OF
the plant shall have the option and
privilege to abandon their right to
further rentals, refuse 70 repair, AID
may discontinue operations without
liability by reason thereof.
But unless such accident or unfor-
Ssen event shall happen, the said own
erS shall fully and faithfully operate
and maintain said plant in the man
ner above described, until the end of
the three years specified
During the maintenance and opera
alton of the said plant as aforesaid,
the owners shall furnish TO private
consumers water at the rates as was
hArafofooa 6vod h. ,l,, .o;l -.