The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-08-06
CANE AS A SURPRISE
Water Franchise Runs Twenty
Years Longer
WORKS CAN'T BE BOUGHT
City Attorney Helm Hands
Down an Opinion,
SECOND CLASS CITES
Had a Right TO Give Long
lime Franchises.

INV Al vi ~ =
City Attorney A z. Helm made a re-
Port 10 the city council last night on The
waterworks question that was in the
nature OF q surprise. II was the general
UNDERMINING among the people that
the franchise Of the Waterworks com
pany would expire next year and there
has been a good deal Of talk about the
city buying the plant and refusing To r..
new the franchise 1t was known tina,
the franchise was given for forty years
but that did not count when the state
Law plainly SAID cities OF the frst-cIass
could grant franchises Tor only twenty
years. Mr. Helm has discovered that
" Wichita was a city OF the secold-clasz
when this warerHorks franchise was
granted and It seems that the supreme
court Oh several occasions has held that
cities Of the sec0nd-cIass could grant
franchises Tor longer time than twenty
years and that the supreme court can
beat The legislature and city council out
Of sight making laws.
In his advice TO the mayor and council
City Attorney Helm says:
Complying with your request for q
statement OF the rights OF the city. IN
der The law ana existing contracts. 10
purchase the plant OF the Wichita Water
company, or 10 construct and operate
a system OF waterworks Of its own. I
have the honor to submit the following
report.
BY the provisions Of ordinance No. 256.
approved September 70. 1892. the city
granted TO j. A. Jones, his associates. sue
cess0rs or assigns. the right to construct.
operate and maintain system of water
works p the city OF Wichita and to lay
pipes in all the streets. lanes and alleys
within its corporate limits for G period Of
40 years from the passage OF ths ordi-
nance.
by the terms OF section five OF the
same ordinance the city agreed to rent
from the said 7. A. Jones or assigns. for a
term of d years. co double discharge by
drarts at an annual rental Of $4,000 per
annum, payable quarterly, ana section
six provides that the city shah have the
franchise additional hydrants az the rate
Of So each Per annum- Other sections
Of che ordinance provide that me city
shan rent one hvdrant for every 610 feet
Of pipe extended.
section nine cf the ordinance provides
THAT the city shah have the right 70 pur-
chase the works at the expiration of ten
wears, then every Eve years therea fter.
az appraised valuation OF three disinter-
ested parties. said appraisers TO be Sc
lected In the following manner, namely:
The city TO select one. the said Jones or
ass-grs TO select one. and the two thus
chosen To select the Third. When these
three shall be chosen. they shah De duly
sworn and they shan proceed 70 declare
the valuation Of The franchise. works and
chooses ID action. by examining not ex-
cee5tng three experts on behalf Of each
party. ard when they. or a majority Of
them have declared the valuation ia writ
Ing. the city shan pay the same within
three months thereafter and in case there
should be no hydraDt rental existing at
the time Of purchase the nt1e number Of
hy5rants erected shall be taken into con-
siderarion at The rates provided for in
sections ave and six. and the city i1 this
purchase shan assume all the obligations
Of rhe water company. the lawful Quit
tarce fer which shan be secured bv said
Jones or assigns as q part payment OF
the declared valuation. and the said Jones
or assigns saau accept obligations Of the
city az Wichita legally issued. ar legal
rates 0f interest. not exceeding % annual
rrey-r-r-rs Tor the balance due ur0n the