The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-10-16
A BETTER OFFER.
Revised Proposition From the
WaterwOrks Company.
Efforts of the Council and the
Company to
SECURE ADJUSTMENT.
Stop Litigation, Suppress Ill
Feeling and Obtain
Needed Service For the City of
Topeka.
SECURE ADJUSTMENT.

The Topeka Water Works company
has just submitted a revised proposition
to the city in connection with the eff
forts to adjust the long standing diff
ferences between the city and the COM
pany.
The proposition is embodied in copy
of a proposed ordinance as given be-'
low:
In brief this proposition proposes to
charge the city $50 per annum for the
IS hydrants above the three hundred
now in use by the city.
To put in new hydrants required by
the city at the same rental price, $25-
the regular rate being $50
To compromise the South Topeka
claim of $6,167.6O for One-half that
amount.
To voluntarily make a reduction of
20 per cent to water consumers in
houses of five rooms or less.
To make a reduction of 20 per cent on
all charges for lawn sprinkling.
To dismiss the suit now pending in
the federal court wherein the water
works company has maintained that
its pipes, hydrants, mains, etc, in the
city should be assessed in Topeka
township, where the pumping station is
located (this involves about $4,000 an
nually) and to hereafter agree without
question that this property shall be
taxed city property.
To at once pay for the city the taxes
for the year 1S96-abOut $4,000.
This proposition is the outcome o.
many conferences between the parCleS
concerned with a view to an equitable
adjustment of the differences and the
discontinuance of litigation.
This proposition will come before the
city council this evening at q meeting of
the committee of the whole and will
come before the council itself at the
regular meeting next Monday even
ing.
It is understood that final action will
not be taken Monday evening. but will
be taken at an early day, pending a full
understanding of the matter and the
satisfied feeling that the interests of
the city will in no way suffer, but, on
the other hand, will be materially ad-
vanced, both as concerns the city and
individuals.
SO far as the information the Journal
has, it is free to say, that taking all
things into consideration it appears to
be a good thing for the city to adjust
the water works difficulty about on the
lines proposed. 1t is a distinct under
standing that if the city accept this
proposition that it in no way prejudices
any of its rights and opportunities as
already defined including its option to
purchase the plant four years hence,
| to make a new contract with this com
| pany or another company, or to build
new system.
The proposition insures an income in
| taxes more than double the increased
| expense necessary for so0le 12O hydrants
! urgently demanded by Citizens now
without fire protection.
In these negotiations the Journal be-
| heveS the city authorities are using
their best endeavors to protect the city,
| to settle an aggravating dispute, to Sc
| cure the best service for the people and
| at reasonable rates. There is no doubt
that the mayor and councilmen will
! gladly entertain any suggestions that
| will assist in an early and proper set
tlement of this Vexed problem.
The following is the proposition in
full:
whereas. Differences have arisen be
| tween the city of Topeka and the Tope-
| ka Water company, corporation or
| ganized under the laws of New Jersey
and the legal successor of the Topeka
| Water Supply company to all the
| rights, privileges and franchises grant
/ ed to the Topeka Water Supply compa-
| ny by ordinance No. 400 of the city of
| Topeka, approved September 5, 1881, in
| regard to the respective rights and du-
| ties of the parties under said ordinance
| No 400, said differences being substan-
/ TALLY as follows. to-wit:
| The city claims the right to require
| the water company to make extensions
| of it's mains upon streets designated by
| it, and as the number of public
/ hydrants in the city exceeds three hun
| dred 5000, claims that it is not requir-
! ed to pay hydrant rental on any
| hydrants connected with said extern
sions.
| The water company claims that it is
| authorized at it's option to extend mains
! along any of the streets of the city, but
| cannot be compelled to lay mains be-
/
| Vided for in said ordinance. Further
| more that upon all extensions of mains
| made by direction of the city it is enti-
! tied to compensation at the rate of fif-
! ty dollars ($50) per hydrant for ten (10)
| hydrants per mile even though there
| are already three hundred 5000
| hUdrants within the limits of the city
| that the intention of the city as shown
| bv said ordinance was to prevent the
! company from making voluntary extern
| sions beyond a certain limit merely@to
| procure hydrant rentals, and upon the
| other hand to prevent the city from
| forcing the water company to make IN
| profitable extensions when the three
| hundred 5000 hydrant limit had been
| reached; and,
| whereas, Suit was instituted by the
| city in the district court of Shawnee
| county against the water company to
| forfeit it's rights under said ordinance
| by reason of its refusal to extend mains
| in accordance with the direction of the
| CITY which suit was decided in favor of
/ the water company by the district court
1lTon the ground that the water COM
| pany could not be compelled to extend
| its mains beyond the fifteen (15) miles
| provided for in said ordinance; the
| Judgment in this case was afterwards
/ affirmed by the supreme court of Kan
| sas upon the ground that an improper
| remedy had been pursued by the city;
| and,
! whereas. It appears necessary to the
| city that arrangements be Immediately
| made for the extension of the water
| mains of said company into the terri
| tory of said city that has no fire protec-
| ton, without waiting for the termina-
ton of further litigation to learn the
exact legal rights of the parties to said
| contract; and,
Whereas, The city of Topeka is will
ing to compromise the matter by pay
ing said water company twenty five
dollars (S25) per hydrant per annum for
ten (10) hydrants per mile upon all
mains laid at the request of the city
7n71a
| hydrant per annum upon existing
MIGRANTS in excess Of the three hun
] bred 5000 without in any manner ex-