Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1904-01-07
CITY WATER WORKS
Opinion Of City tAttorney on Points
Raised by Aldermaa
Ellsworth.

In the matter Of the proposed
ordinance regarding city water sup
ply as proposed by the w. B. S. Trim
BILE Co., wherein the city would be re-
quired to bind itself for a period of
twenty years to said company, and
which, when it was taken up for it's
second reading and final passage was
lost, the city attorney handed in an
opinion which in substance is as fol-
lows: In reply to questions asked by
Alderman Ellsworth at previous
meeting Involving as the question
does the disposal OF the lots on which
the old artesian well is situated to the
w. B. S. Trimble Co, Mr.. Thorp says
that "as an abstract principle the city
council would have no right to con-
vey any part Of water works system
owned by theimunicipality for the rea-
son that the water works is held in
trust for the benefit Of the'taxpayers. -
''The question is, however, disposed
Of by section 2l6l Of the political code
of 1899 which in substance provides
that in any city where the water
works system is a municipal institu-
tion thecity council or authorities shall
have no right to dispose of same or
any part thereof unless directed so to
do by majority vote of the people of
such city. The same section also
provides that the above restrictions
shall not apply u machinery or the
like that shall have become inade-
quate for the purpose for which it was
acquired.
AS to whether or not the city coun-
Gil might contract with a private
party or parties 10 put down a well on
speculative terms as was indicated in
the proposed ordinance, Mr.. Thorp
said that though it was speculative
on the part of the Trimble company,
he did not consider it SO on the part Of
the city.
Regarding the city councils power
to appropriate or pledge the water
rentals for twenty years in advance,
he says. 'the current expenses incur
red annually for the pumping or furn-
ishing OF water should be met by
funds provided for in the annual ap-
preparation bin and water rentals de-
rived from the citizens Of the city
credited to this fund and with what
is necessary to be taken from the
water fund used for the purpose of
paying the current water works ex-
penses."
While there is no doubt that the
city council may collect reasonable
rental from citizens using water. The
attorney was unable to find in the
code any provision permitting the
council to enter into contract with
another party for long period Of
years and appropriate the water
rentals for that period Of time
Mr.. Thorp closes his opinion with
the remark that 1.-The city cannot bind
itself to the Trimble company for
period Of years as proposed, thereby
granting the said company exclusive
privileges for twenty years.
On tie vote the ordinance was de-
feated, Aldermen Dewey, Gleason
and McElroy voting aye, Aldermen
Ellsworth, Stone ond Kurtz no, Chem
cry and Snurlock absent.
Before the vote was taken Mr..
Trimble for the company stated that
the clause reported adversely on by
the city attorney would be struck out
Of the ordinance. Mr.. Ellsworth
thought the council had no right to
sell the lot where the old we'll is To-
Gated without vote of the city on
the proposition. Mr.. Kurtz objected
to the exclusive privilege phase of the
matter. Mr.. McElroy thought the
city should get a better wafer supply
as soon as possible from some source
as the present supply was inadequate
a nd