Omaha daily bee., 1905-10-24
City 0Ouaaii Answers the Objection Raised
BY the Company,
NEVER IlTEEDED TO PURCHASE on cFtOIr
Wetksd Of RaisinE the money 90 Meet
the Payment for works Has Not
Been Disclosed Up 60 the
Present.

last Communication from Manager Hart
of the wateFwerks company, In which the
latter called attention to the fact that the
committee had ignored or overlooked the
condition that the sale OF the plant, II eff
rected, would have to be on cash basis:
TO the Honorable City Council-Gentle-
meni Your special waterworks committee
would respectfully report that, complying
with your directions, they communicated
20 the Council BUNS City Waterworks
ing the offer of tho water company to sell
rs plaTt TO the city for cash at price
70 Dc determined 6K arbitrator 81 rate as I pro
pany 10 tho city or date August q, 1905
That Immediately after the adoption OF
your resolution, the water company was
was returned until OetoDsr IT, 1908, when
your Committee received from the water
company the communication herewith SUD-
In tnis communication, after many days
delay, the water, company purport 10 hnd
hat their proposition was not In terms ac.
-epted by, you ia that the resolution did not
specify that the purchase Should bel Tor
ash"
In view of the fact that an offer to sell
always implies that the sale is to be tor
cash unless other terms are indicated ana
the further fact that the proposition OF
the water company which the council &C
cepted, was a specific offer TO sell Tor
carried by necessary Implication that the
sale and acceptance was on cash OASIS.
The, water company was notihed that
your committee was prepared to enter INTO
contract for submission to you for the
purchase of the plant for cash on the
srms and n strict Seeord sats Tiis bard
10 understand how the company can as
sumo that there was any change from the
proposition made by them.
In the accompanying communication OF
late October II, 1906, the company says
The company will be glad to make a con-
tble committee in strict accord with the
Proposition of August whenever the
'ouncil shai have authorized you to make
Would Meet objection.
While your committee believes the reso-
uon passed by the city Gov Goun Sa,s was som an
ANY Of date August q. in strict accord
nee with its terms and that your COM
ontract i'm accordance Herewith, yet to
meet the bubble raised by the water COM
AMY in their communication OF Oct9oer
ion of the resolution herewith submitted.
THE attitude assumed by the water COM
ANY in it's correspondence with the city
nd your committee does not give the i'm
PRESTON OF sincerity In their proposition
md when the bubble now raised " dis
However as II is the purpose of the city
a act in good faith with the company, and
~ amicable adjustment of the matter
S1uld seem to be in the interest of the
company, its bondholders and the city
like, we assume that they are acting ir
recommend the adoption of this resolution
we would further report to the city coun
u that if IL should appear that the propo.
-iaithl Or that they do not intend to abide
thereby, or seek to unduly delay arriving
1t the value of their plant, that your com
1iittee will, under the resolution hereto
-iore passed. withdraw the acceptance OF tn
,ity TO- their sd HTopos1tSSn and 10
he construction OF the water Plant D!
he city. -
rlfter' in good faith using all reasonabi
,-means to arrive at a satisfactory ADJUST
n!ent with the water company, that II sH sue
said company be closed and the city pro
,eed without delay in the, steps necessar
o the construction of a plant by the city
re. Oner. II for Cash.
Although nothing was said as to wher
the city expected to secure the cash wit
which to purchase the waterworks the fol
lowing resolution authorizing the specla
committee to go ahead and purchase tn
plant was adopted
Resolved, That the. resolution heretofor
sition made to it by the Council Blum
Water Works company on August 81, 1896
was Intended to be, and was in fact, a
pany for the purchase for cash by the cit
Of the existing plant of said company !
accordance with the terms of the propos
Resolved, That the proposition of tn
Council Bluns Water works company
the city of Council BLUFFS Of August 2
1905, offering to sell to the city of Counc
Bluffs the plant and property of said con
pany for cash at such price as may
agreed upon by three thoroughly competer
hydraulic engineers of good standing
their profession, one to be chosen by Il
the third by these two" and IL a sale
finally contaminated under such arbitrt
the expense of the arbitration in equi
shares, but should either the city or u
water company taih or refuse Tor an At
one so falling refusing to bear such e.
pense," be and the same is hereby a.
cepted, and the special water works con
mittee heretofore appointed Is authorize
to enter into a contract with the CunC
BUNS Wa.s eta nTonSsitIont so accented
And that in case of the failure, negle
Works company to abide by its proposltiC
or to appoint its appraiser or to proce'
under said proposition, that the said wat
ToTks Committed is Instructed TO pTocet
further in accordance with the terms
the resolution passed and approved in o
eutered into between II and the Count
Bluns Water Works company TO this cou
rover ordered Replaced.
The electric light company is to be order
to replace the light tower at First sire
and broadway. The committee having .
matter in charge reported that 30 per &c
OF the residents in the neighborhood OF {
tower favored it's restoration. This Wa
however disputed by City Solicitor Snyd'
who claimed that the committee had, 20
fined ats investigation within too limited
urea Aldermen Mcmillan and, Weav
voted against replacing the tower on
grounds Of the possibility OF its COLLAPSE
or being blown down again.
Mayor MAcrae called attention to the CO
dition OF the pavement on Main str'
which had been torn up for the laying Of
Independent Telephone companys conduit
city Engineer Etnyre gave IL as his op
ion that the paving win have to be rel'
over the entire route OF the conduits
before ordering this done the aldermen al
committee OF the whole will go over
ground.
At the suggestion Of the mayor the CO
mittee on, hre and light was instructed
investigate the cause OF the poor quai
OF gas being furnished by the light comps
at present. The mayor stated that co
plants were coming 10 him daily about
gas and he believed II was matter VIII
should receive attention at the hands OF
city council
Cfty solIcitor Snyder was directed
take up with the Burlington and Or
Western railroads the matter OF their
stallinr- gates Al the Main street crossii