The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-05-09

It only needs somebody to start the
thing, and I believe the deal can be
voted down right where it is now.
! People generally believe that we are
paying at least $25O.0O0 too much for
| this water plant. The only good rea-
son for buying this old system is that
/ it is the cheapest way to get rid of
| it. We have been afraid to go into
1 the courts in the defense of our
! rights. If we buy the plant for $780,
| 600, our recent tests have shown us
! beyond any doubt that we would have
| to go right to work and practically
rebuild the whole system. 1t is out of
date, too small for the needs of the
town. and. worn out besides I have
been IN favor of carrying out the deal
because we nave been given to under
stand that the plant was adequate to
the needs of the city. The recent tests
have shown our mistake.
AS things stand now, I am opposed
to buying this water plant for any
price. I am not a lawyer, but I be-
lieve that the courts will not hold that
$500, 900 is reasonable price for the
plant. My idea is that the city should
build its own plant, build it entirely
new, and have nothing whatever to
do with. the present company. If the
present company wants to enjoin the
construction of the plant, then let the
city fight, and fight to a finish. I
believe the city could beat the com
pany in a game of that kind
Mr.. kutz does not want to renew the
franchise of the Topeka Water COM
pany, but he thinks that under the
franchise, the city can claim that the
company has refused to accept a fair
and equitable valuation for the plant
and that the franchise is therefore for
feited. This is the old question of
perpetual franchise revived. Sec. 3
of the franchise ordinance says, THE
city of Topeka hereby agrees and Obli-
gates itself, after 20 years from the
completion of said works to extend
company for the further term of 20
years, or to acquire and become sole
owner of said works, including all ex-
tensions on paying therefor the fair
and equitable value thereof" The or
dinance then provides that the district
court shall determine what is an equit-
able value, and this the district court
has politely declined to do. The or
dinance also says that in case the city
shall not purchase and become the
owner of the Wate-worl<S at the end of
the first twenty years, it shall be re
quired to either purchase or extend
the franchise in the same way at the
expiration of the second, third and
fourth twenty years, thus giving the
company what amounts to an so year
/ franchise.
city Attorney Spencer holds that up
to the present time the city has done
nothing which binds it to buy the pres
ent water plant He holds that the city
can drop out of the deal if it desires.
food caused considera bic opposition to
the purchase of the plant. Neverthe-
/ less, the city has voted $3.50, 600 worth
of bonds to pay for the plant, and has
also voted to assume the burden of
$270, 600 outstanding bonds on the wa
ter plant The issue of $685. 600 has
been printed and is in the custody of
the city treasurer.
Against the opposition of Council
man Kutz is the very prevalent i'm
preston in a good many quarters that
the bad showing being made by the
water company. and the delay and diff
ficulty in effecting the transfer of the
property has all been cooked up by
the water company officials for the ex-
press purpose of discouraging the city
in its efforts to buy the plant. There
is considerab Bile reason to believe that
the water company officials are not
] especially anxious to sell at the figure
named and that they would be glad to
have the deal fall through. They have
frankly stated that they were not at
all particular whether the city carried
out it's proposed purchase or not
Z L guess we can continue to run the
plant a while longer If the city doesn
want it." said President Street, the
/ last time he was in Topeka OF course
the water company would resist any
effort to build n new plant here, and
to do this it would be necessary to
/ have another bond election, which
ought to be avoided if possible.