Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1899-11-25
Superintendent of the Aqua Pura
Company VIII Try to Prevent
Sale of Bonds.
NOT ACTING N GOOD IFAlTH
The Procedure Shows That the
Company Does Not Desire to
Sell. but Wants to Hans on
to a Good Thing: :.

Inc IOllUWluS dppliCdtioh III on
injunctions to prevent the city of Las
Vegas from issuing water works
bonds and from buying lands for
parks was filed by the Aqua Pura
company yesterday afternoon by SUI
perintendent Pierce of the Aqua Pura
company, and an order was issued by
the court today for the defendants to
appear before the court on Saturday,
December 2, to show cause why tho
injunction prayed for by the plaintiff
should not be granted.
Following is the application in sub
stance:
Frederick H. Pierce, plaintiff, VS..
the mayor and board of aldermen OF
the City of Las Vegas and the City OF
Las Vegas, defendants.
Complaint is made by the plaintiff,
F. H. Pierce, against the city council
and the city of Las. Vegas, claiming
that he is the owner Of personal prop
erty and real estate in East Las
Vegas, subject to taxation, and that
on or about the oath day of August
A. d. 1899, there was published in the
Las Vegas Daily Optic a certain ordi-
nance, purporting to have been en-
acted by the city council of the city
of Las Vegas on the. Esd day of Au
gust, A. D. 1899, designated as Ordi-
nance No. 101, and entitled IAN ordi-
nance in relation to the construction
of water works; to declare the esti-
mate cost thereof; to provide money
to be used in payment thereof by is
suing the negotiable coupon bonds OF
said city therefor for the sum of $780,
900. and to provide for special cleo
tion for the ratification or rejection
of said bonds" said ordinance being
made a part of the complaint; that an
election was held on the 5th day of
October, 1899, for the purpose of vot-
ing upon the construction of water
works system, and the issuing of ne
gotiable coupon bonds in payment OF
same.
Mr.. Pierce sets forth that the mum
ber of qualified electors of said city
of Las Vegas, owning real or personal
property subject to taxation within
said city at the date of said election,
was 426; that the number of persons
who voted at said election in favor
of the said proposition for the con
struction of the water works and is
suance of negotiable coupon bonds o
said city, therefore, as the same wa
determined and certified by the boar
of canvassers of sa10 city,. upon tn
final count thereof, was 191.
That thereupon, notwithstandin
two thirds of the qualified elector
of said city, owning real estate an
personal property subject to taxf
tion within said city, had not vote
in favor thereof, the clerk of sal
city, assisted by the mayor thereo
acting as a board of canvassers, di
declare and certify that the said prol
osition to construct and provide waite
works for said city, and issue its neg
table bonds therefore, had been dul
carried, ratified and affirmativel
voted for by the two thirds majorit
required by law in such cases, an
plaintiff is informed and believes ths
the said mayor of said city propose
Immediately to advertise, issue an
dispose of the said negotiable coupe
bonds of said city, in said pretende
ordinances provided for, to an aggr
gate amount of $150,000, and plainti
greatly fears that he will proceed
do so unless restrained by the injun
tion of this honorable court.
That the value of taxable proper
in said City of Las Vegas, as show
by the last general assessment, is :
O43,791; that the total present indel
edness of said city of Las Vegas,
elusive of said proposed issue
bonds, is $4,000.
The plaintiff states upon inform
ton and belief that the plan OF pl
curing water for the city is imprac
cable. and that an adequate supply
water cannot be obtained, and sa
that a first class water system canr
be constructed at a cost of $15O,O0O
The plaintiff also complains I'll
the city is about to acquire the Trt
Springs property, for park purpos
and that the city should be enjoin
because a special election has
been held for the purpose of maxi
the purchase. The plaintiff desires
enioin the city from securing the $
vices of an expert hydraulic engin
for the purpose of beginning the
liminary work upon the said mum
pal water works, on the grounds t
no money has been appropriated
that purpose during the present MS
year, which has not been first sa
toned by majority of the legal
ers of the said city.
plaintiff prays that the said defe
ants, the mayor and aldermen OF
City of Las Vegas and the City OF
Vegas, and its officers, agents,
employees. be enjoined from advel
ing, issuing, negotiating, selling
disposing of any negotiable cou
bonds Of the city Of Las Vegas