The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-04-23
City Officials Are Again BecOm-
ing Alarmed.
Fear Water Company Will Go
Back on Agreement.
HAVE HEARD NO WORD.
President Street Has Been ST.
lent Since Election.
Was Expected to Arrive Several
Days Ago.
HEARD NO WORD.

pays ASVs
ssrhere is not a line or a syllable
which would be legally binding upon
the Topeka Water company to carry
out its offer to sell its plant to the city
for S620.00O' said City Attorney Spen-
Ger today. 1T rests entirely with the
company to do as it pleases."
This emphatic declaration Of the city
attorney tends to confirm the rumors
which are current concerning the posi-
Bile f. lure Of the city to get possession
Of city waterworks.
Mayor Bergundthal says that he has
heard nothing from the officers of the
company. II have been afraid that the
company would try to find way to
avoid selling it's plant, said MH Bergund-
thai III there is a good chance, they
viii try to escape on technicality. 1
am inclined to believe that if anyone
tries to prevent the issuance of the wa
terworks bonds it will be the water
company"
j. W. O'Nenl. receiver of the water
company. is out of town. Nothing has
been heard from President Street. but
he win probably not be here this week.
and may not come at all Mr.. O'Nen
Nj. Street would come. but did not
know when.
In connection with a possible fight by
the water compay, an important dis
coverv has been made The petition,
signed by about 5000 people OF Topeka
asking the mayor to call WatefW orhS
bond election is missing. 1t was not
turned over to Mayor Bergundthal by
Mayor Parker along with the other city
documents. 1T is not in the possession
of the city clerk or city attorney. Mr.
Parker is now in the hospital, and can
not be asked to shed light on the mys-
The petitions were placed in Parker's
hands when the sanitary men finished
circulating them Mr.. Parker, so Tar
as known. has had them ever slhce,
but why they were not turned over TO
Mayor Bergundthal is a point which
nas not been explained.
WATER CO.'S PROMISE.
To "a person not endowed with ie-
gal mind it looks as though the water
e0mpanv had made about as fiat an
agreement to sell its plant for S62O'000
as could be made. Ine company SUD
mitted i'm writing the offer TO take
$500 600 for it's plant. and the counct
accented this offer as far as it could
do So by authorizing the circulation OF
petitions calling for waterWorks bonn
election.
subsequently. on March 81 the water
company submitted it's proposed new
rate schedule in which appears the iOl-
lowing statement.
III the city elects to purchase the
property at the coming election, the
company viii do everything in its power
TO expedite the transfer OF the property
to the city subject to the existing hrst
mortgage amounting to @2io'uOO- me
company viii furthermore give the CITY
the right to purchase the property at
the expiration Of every ten year period,
IF the city does not elect to purchase at
the coming election
It is claimed, however, that this agree
ment was made contingent upon the
acceptance by the council of the terms
which the company laid down The
council never took any formal action IN
the matter and the company PROPOSE
ton was simply allowed to GO before
the people through the newspapers Tor
whatever it was worth. The section
which follows Immediately after the
above offer to expedite the transfer OF
the property is as follows;
"This offer Is made with the under
standing that amendments satisfactory
to us shall be made to ordinance No.
400 under which the company is now
operating. embracing all the foregoing
provisions and amending all ambiguous
clauses; that the city shall pay It's in
debtadness to the company including
the rental for hydrants in South Topeka
and dismiss all suits against the COM
pany."
will claim that as the council never
made a formal acceptance of the S620,-
GOO proposition, the company IS not
bound to carry out this proposition
WHAT DELAYS STREET.
More than two weeks have elapsed
since the bond election and nothing has
been heard from Mr.. Street which seems
TO indicate that the water company is
trying to expedite the transfer Of the
property
The chances are, however. that there
viii be no hitch in the proceedings
Heretofore the council has found MI
street "a most fair and reliable man to
deal with. He has fulfilled all his
agreements. and has frankly stated his
exact position with reference to the sale
of the plant He made the city pay as
much as he could for the plant, which
was his right. and duty as president of
the water corporation. but he told the
city that the company would rather
Keep the plant than sell it. Having
made the offer to sell for $500 000- there
IS every reason to believe that Mr..
Street viii see TO 1t that the company
lives up to it's part of the agreement
tt has been suggested THAI even if the
water company does not desire to take
the $3.50 600 bonds as payment for the
plant it will still have a reason for be-
ing interested in the validity of the
election The company will retain a
mortgage of $4,000 on the plant. ana
will naturally want to be assured that
the transfer Of the property is legal and
regular. Tt may be that the water COM
pany's attorneys are busy trying TO de-
termine whether or not the bonds were
legally voted.