The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-08-23
DON'T WASTE TIME.
City Attorney Spencer Urges Action
I'm Water Works Case.

In an unsolicited message to the
city council read at its meeting Mon
day night, City Attorney Spencer
urged the taking of immediate steps
water works question.
Beyond an opinion that the city is
not legally bound to purchase the
plant at 100000, Mr.. Spencer sug-
status of the matter. Instead he asks
the council a question, namely,
whether the plant is in such condition
that the council is desirious OF pur-
chasing it. If it is not, then it should
keep itself free to work in other di-
rections.
follows:
1t is now an important question
whether the city shall continue to
drift along for an indefinite time with
out a determination of its status with
the water company. Shall the city
wait an indefinite number of years to
find out whether the water company
will finally be able to make a title to
it's water plant and transfer the same
to the city? If that time comes, will
the city be ready and willing to take
the plant in the condition 1T may be
in and pay 100000 for it? Or to
make it more pertinent, supposing the
water company was now ready TO
turn over the plant and furnish a
good title, would the city be ready
and willing to take it and pay the
above price for it in its present con-
dition?
There is an extended belief at this
time among the citizens of Topeka
| that there is something materially
defective in the condition of the water
plant, and that the city should not
pay 100000 for it in its present con-
dition. The mayor and council dld
not settle definitely in January last,
and, as L understand it, have never
| yet definitely settled whether the city
was ready to take the plant in It's
condition since the flood and pay the
above price. When the matter was
under consideration last January, the
council caused some investigation to
be made and a report was hled pur-
suant thereto, but certainly no one
will claim that this investigation was
of such a character as to satisfy the
public or to satisfy the mayor and
council. After the making or TINS IN
vestigation and the filing OF the re-
port, and upon the advice of the at
torney representing the city, the
council declined to enter into the
definite and certain contract Tor the
transfer of the plant in its then cond1-
| ton proposed by the president Oh the
water company.
All this occurred before the Parkhurst
| & Davis fire.
| In February, after the Parkhurst &
Davis fire, the Commercial club discuss
ed the condition of the water plant and
passed certain resolutions which were
presented to the council, at its meeting
held February %. In these resolutions,
club expressed itself to the effect that
the water plant was much less valuable
| than at the time the election to vote
bonds to purchase it was held, that II
| was the duty of the council before com
pleting the purchase of the plant TO
cause a most careful examination 10
| be made of it by experts, and that the
plant should be put in the same conol-
| tion it was at the time of the election
| At the same meeting of the councll
at which these resolutions were pre-
l'sented, Councilman Howe presented a
| resolution calling for thorough exam
ination of the water plant by an expert
hydraulic engineer, for the purpose OF
determining what repairs, extensions OF
improvements were necessary 10 pu
the plant in condition to furnish tht
people with an ample supply or water
and to afford sufficient fire protection
regard being had to future as well as
to present needs. This resolution va
referred to the committee on water
works but no further action has peer
taken thereon.
ON account of the situation now ex
listing the city is in many ways at ols
advantage in taking action in reference
tn the water company. 1mprOVefnenti
i'm the plant are without doubt great.
needed If pursuant TO orders and al
rections of the mayor ana coulIci -, III
water company should make materia
improvements in it's pumping plant, OF
mains or in the extension OF It's MAINS
serious complications are almost sure
to arise in case the city should mere
after take the plant. Evidently the
water company does not intend Z
make material Improvements whlle I'M.
! proposition to purchase is pending
without some understanding as to re
endorsement by the city in 00lse or tn
purchase of the plant.
Moreover- it is not likely that thu
water company will make much i'm
!. uroyement in it's plant at its own ex
pense until its future franchise rights
are settled in some way.
| Tho question which now seems tC
me to be precedent to all others and
which stands in the way of actor