The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-04-17
City Council Offers S55O,OOO
For the WaterWOrks.
Secret Meeting Held and Terms
Agreed Upon.
SUR is THREATENED.
Mr.. Spencer to Move on Enemy
If Offer is Refused.
Acceptance Would Necessitate
New Bond Election.

The city council meeting in committee
of the whole last night, decided to et-
fer S55O.O00 for the city waterworks- This
meeting was to have been held Friday
evening but when this plan, supposedly
secret was announced in Wednesday $
State journal, city Attorney Spencer
hastily summoned the eouncilnen to-
gether and finished up the business IN
a short meeting last night.
Under the terms Of the agreement
reached at last nights meeting, when
Kas secret, the water company must
accept the citys offer Of $3.50, 600 before
June I, or the city viii bring suit to
test the validity Of the water company's s
franchise
AT the meeting of the council to be
held Monday evening, a written report
viii be submitted to the council by City
Attorney Spencer. and at that time the
council win take official action on the
matter. There is little doubt that the
informal decision of the council to offer
$3.50 900 for the plant viii be ratified, and
the city attorney instructed to com
municate the offer to the water COM
pany.
II the water con pany decides to ac-
cept the city's offer of S550,000 for the
plant. the city council win then call
special election to vote bonds to that
amount. On the other hand, if the Of
fer is refused the attorneys for the city
will bring suit to ascertain whether or
not the water company has forfeited its
franchise.
The city claims thar at the present
time, the water company is operating
in Topeka only by sufferance. Tt claims
that the 20 year franchise, granted on
September r. 1881 has expired and that
the franchise ordinance is invalid in so
far as it pledges the city to renew this
franchise for a 20 year period. 1t IS
claimed that the city council Of 1881
could not bind the city council of 1862
to any such action
The ordinance under which the water
com pany claims 4i1aL it is eultled 10 a
new 20-year franchise is as follows:
THE city Of Topeka hereby agrees
and Obligates itself after 20 years from
the completion of said works. to eX-
tend the franchise herein granted to
said company for the further term of
70 years, or to acquire and become sole
owner Of said works, including all eX-
tensions and enlargements thereof, aud
everything Of every nature and descrip-
tion belonging and pertaining thereto,
on paying therefor a fair and equitab bic
value, to be ascertained, if the parties
can not agree thereon, by the district
court of Shawnee county upon the pc
tition Of the city and in such manner
case the city shall not purchase and be-
come the owner of said waterworks at
the end of the first 20 years as herein
provided, then and in that case it shall
in like manner be required to purchase
the same a the expiration of the sec
ond, third and fourth 20 years. or to
extend the franchise to said company
at the end Of each Of said terms for
the next 20 years"
If the city should proceed under this
ordnance, without acquiring possession
Low ii
the water company a 1OO-year franchise
In the city of Topeka
MIR SPENCER TALKS.
City Attorney Spencer said this morn
ing, In speaking Of the results and pur-
poses Of the meeting. THE meeting was
called Wednesday afternoon at the re-
quest OF Councilman Howe and Coun-
Gilman Bergundthal. Mr.. Howe was
planning to be out of town on Friday,
ana therefore wanted the time changed
to last night. We had no desire to take
snap judgment on the council but It
was deemed best to hold the meeting
lasL night instead OF Friday night
The council had evidently decided
what it wanted to do in the matter
Ihere was not n uch discussion, and the
vote to offer the water company $3.50, 900
was unanimous
IF the company rejects the offer what
viii be done?" was asked
Ihe city viii commence proceedings
10 determine what rights the water
company has in Topeka. OF course we
hoto that the water company is con
rinuing to do business in Topeka simply
because it is here. The law which was
IN force in 1881 when the franchise was
granted distinctly prohibited any such
agreement for a renewal of the fran
chise as was provided for in that ordi-
nance.
Here Mr.. Spencer got down a law
pook, and read the following extract
from the law governing WatervOrl5s
transactions Of cities of the first class
was granted.
Provided further, that such contract
snaH not extend for a longer period than
20 years, and shall not be regranted
OF renewed unless by consent OF a ma
Jorlty OF the qualified voters of such citv
70 Pe aseer5ained at an election to be
held for that purpose"
MI Spencer continued: tThe laws
sun provide that the city can not grant
franchise for a longer period than 20
Years ! 90 not care to state lust now
the exact nature Of the proceedings
which we VIII commence. provided tho
ouer Is not accepted by June J. but the
oDJect OF the proceedings viii be 10 de-
ter-nlne the rights Of the waterworks
company in the city of Topelys
Inc council meeting last night was
cahed late yesterday afternoon. and on
~ eignr members of the council We're
present SoIncllrnen Blossom, Clancy.
1rliey ana WoH were all absent. Cha
ney and Blossom were out of the CITY
but the meeting was set for last night
just the same.
The offer of s550.00O which the city has
made is $4,000 more than the value Of
the plant as appraised by Engineer Fol
lett, and is S14S,000 less than the value
as appraised by Engineer Cole FoIlett
was hired by the city. and Cole by the
wafer company, and their estimates
We're $3.50. 600 apart
Engineer Follett and Engineer Cole
agreed that the plant could be duplica-