Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1901-02-12
THEY SAY II is ILLEGAL
"a
Give Reasons a. y Would Not
bel. gg
THREATEN TO CONIL 8 w COURT
Says the Adoption of Plans, Issuance
of Bonds and Construction of Plant
Would Violate Charter Protest
Goes to Council Tonight.
From Mondays Daily.

From Mondays Daily.
The City Water Supply company
has entered protest against the city
of Ottumwa constructing system of
waterworks and gives as one of the
reasons that it is violation of the
charter rights of the company, and
furthermore that the contemplation of
action is illegal in certain parts, and
threatens to bring legal proceedings
to contest the validity of the move.
The Protest.
Following is the Nrotest which will
be submitted to the city council at it's
meeting this evening:
Ottumwa, Iowa, Feb. 9, 1901.
To the city of Ottumwa, and to the
honorable city council thereof, and to
whomsoeyer it may concern:
The undersigned, the City Water
Supply company, corporation duly
organized, being the owner of the sys-
tenn of waterworks now located in the
city of Ottumwa, Iowa, and the owner
and holder of water franchise, grant
ed by the said city, originally to S. L.
Wiley & Co., by ordinance No. lis,
passed by the city council, on or about
Sept. 25, 1877. to which reference is
here now made. and the terms of
which were duly accepted by the said
S. L. Wiley & Co., within the time pre-
scribed by said charter and ordinance,
being large taxpayer, and property
owner, in. the city of Ottumwa, does
1nyyy mo a1yn
protest as follows:
i. It protests against the said city
Of Ottumwa, undertaking to carry out,
or avail itself of the provisions of it's
ordinance No. 566, passed on or about
August 81, 1899, as amended in re-
spect to section thereof, by it's or
dinance No. 594, passed on or about
the 4th day of February, 1901, looking
to the construction, maintenance, and
ownership of a system of waterworks.
in the city of Ottumwa, for the supply
ing of said city, and its citizens with
water, and the advertisement for bids,
or the entering into any contract, or
the execution of any bonds or mort
cages, or the issuance of any warrants
or other written obligations, pertain
ing or in any manner relating to the
construction of system of water
works in said city, or to the payment
of the cost thereof, or of any part
thereof, for the following reasons:
Violates Charter Rights.
(a.) That each and all of said acts
and things would constitute violation
of the charter rights of this company,
under it's said charter, and of it's legal
rights, as the owner and operator of
its said system of waterworks, and
would therefore be illegal and viola
tion Of it's rights, and;
Bonds Would Be Illegal.
(b.) Because the building or con-
tracting to build system of water
works, and the doing of said other
things herein specified. including the
entering into contract, and the issu-
ing of bonds, or of a mortgage, of
other obligations to pay for the con-
y struction of system of waterworks in
said city, would constitute a violation
of Article II, section of the constitu-
tion of the state of Iowa, which pro-
hibits all municipal corporations, in
Guiding the city of Ottumwa, from be-
coming indebted in any manner or for
any purpose to an amount in the ag-
gregate exceeding five per centum on
the value of the taxable property with
In said corporation, in that, it would
increase the Indebtedness of the city
{ of Ottumwa, which is now beyond the
constitutional limit in sum greatly in
excess of the limit now imposed upon
said city by the provisions of the con-
stitution aforesaid, and would consti-
tute violation of the rights of this
corporation as large property owner
and tax payer, within the said city.
No Right to Advertise for Bids.
2. And the undersigned for the rea-
sons aforesaid, further protests
3 against the legal right and power of
said city of Ottumwa, to advertise for
bids for the construction, or to con-
tract to construct, system of water
works in said city,or from acting upon,
adopting, or in any manner attempting
to carry into execution by vote of
the council, or thru the medium of any
contract, or by virtue of any vote to
be taken thereon, or in reference
thereto, any of the provisions and rec
concentrations embraced within the
report of the city engineer Of said
city and of one Hiram Phillips con-
sulting engineer, containing and en-
bracing certain specifications and sug-
gestions in reference to the construc-
tion of system of waterworks in said
city, bearing date on or about January
Z, 1901, or upon the report of the wat
er committee of said city. laid before
and presented to the city council in
January, last, in connection with said
city engineers report, and the report
Of said Hiram Phillips, and from car
Ning out an action of the city, or
y