The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-04-05

price at which we viii sell the property
of the Topeka Water company We re-
greet that our position is such that we
cannot do this.
We are willing, however, to do all that
we can to facilitate an appraisement of
the property, either by arbitration or by
judicial proceeding. When the fair and
equitable value of the property is de-
termined, we Will expedite its transfer
TO the city. if the voters decide to plr-
chase. If they decide not to purchase.
we are willing as a compromise measure
to continue to operate the plant under
our existing franchise, making substan-
tial concessions in the rates to private
consumers.
We are also anxious if the city does
not purchase, TO extend our mains into
districts not now served with water or
fire protection 1t is unlikely that there
viii be much difficulty in agreeing upon
the terms and conditions upon which
such extensions can be made.
An early valuation Of the property
will, we believe. work to our mutual
advantage. Yours truly
THE TOPEKA WATER CO,
BY C. F. STREET, President.
Mr.. Mcfarland and I have for some
tine been and are now of the opinion
that the city should not commence any
proceedings to determine the value of
the water plant as contemplated by the
franchise ordinance. We also believe
that any so-called amicable lawsuit or
arbitration proceedings to determine
the value of the plant will be disap-
pointing in the time required and unsat-
isfactory and uncertain in results If
however, the city is willing to fix the
price by arbitration, then probably the
most speedy and available method
would be to agree on q, third engineer
to settle the differences, amounting in
figures to $3.50 600, between the reports
made by Engineers Follett and Cole, a
method which the council has hereto
fore declined to adopt.
Summed up, the situation seems to
be that unless the city and the water
company can come together on price
and terms, so that the city can without
delay acquire the water plant, there is
substantially nothing left but litiga-
ton.
In case of litigation the city should
institute proceedings to determine
whether the water con pany has any
franchise rights in the city.
The question arises, what if anything
the council can or should do in an eff
/ fort to acquire the waterworks plant
with litigation? There is a strong pub
! lie sentiment in favor of acquiring the
plant at once by the payment of some
thing more even than what would be
! regarded as a fair and reasonable price,
| and there is a very strong sentiment
1 against prolonged litigation, during
/ which so many dry districts must re-
! main without water and fire protection.
The term s'pFolonged' in connection
with litigation is Meaningless. Every
/ man of experience knows that litigation
with the water company concerning vi
tai points viii not be short. Such liti-
cation viii take in all probability at
least two or three years and it Will
more likely last five or six years. This
/ fact should be we'll understood now.
The important and practical question
| which now confronts the people of this
city is, how much they are willing to
pay to acquire the waterworks plant
without delay and without litigation
This is the question now before the
council.
In my judgn emit the mayor and coun-
! ell should take into consideration all
! the circumstances, and determine what
is the highest price they are willing &c
| submit to the vote of the people as the
amount to be paid for the immediate
acquisition Of the water plant The wa
ter company should be notified of the
proposed price and given a reasonable
time to accept 1t. and should also be
notified that If said price is not accept
ed, the city will 60 ahead with its liti-
cation and thereafter take advantage
of every legal right in its favor.
The city has special power under the
laws of 1897 to vote the bonds necessary
to buy the Dlant in case of purchase
The limit under this law is 20 per cent
IF assessed value, and the assessed val
ne of the city is about ten million dol.
lars $50. 0O0.0OoJ.
Respectfully submitted,
CHAS. +. SPENCER,
A