Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1905-12-31
WAFER COMPANY FRANCHISE
Council Asked to Submit Proposal fOr
TWEEN y-Five-Year Extension.
CITY HAS POWER TO PURCHASE ANY TIME
Company Points out that According
to opinion of Attorneys Present
Franchise Expires at m
Early Date.

At the next regular meeting of the city
council. which is scheduled for Monday,
but on account OF the day being holiday
will probably be postponed to Tuesday,
the Council Bluffs Waterworks company
will submit an ordinance granting it an
extension of It's franchise for twenty five
years. This was decided on yesterday by
tho company in view Of the fact that up
to date the negotiations for the purchase
by tho city of tho plant have not resulted
in anything tangible.
The following communication accompany
ing copy of the proposed ordinance was
filed with City Clerr Zurmuehlen late yes
tcrdav afternoon:
To the City Council of the City of Council
Plufs-Gen |. men: In the very able or inion
OF your special counsel, Messrs. Harl and
OF the Council Bluffs Waterworks com
pany expires on January "a next and that
in no possible event could IL he construed
TO extend beyond December next.
II your counsel are. correct the water
four weeks. The water company is anxious
upon the one hand to avoid Illegally operat-
ing its works and upon the other incon-
venencing the public by failing to operate
them. We feel that the city council and
the public are even more Wtally interested
in making such provisions as may be neces-
sary to secure water for public and private
use after the date at which your attorneys
hold that the franchise of this company
expires. Believing this. we submit here
with proposed ordinance and respectfully
ask that your honorable body submit TO
the people the question whether the same
shall be authorized.
This proposed ordinance, by the provision
in its fifth section for purchase of the
plant by the city at any time, without
compensation for the franchise, avoids any
interference with the pending negotiations
for the purchase by the city or with your
plans for municipal ownership. but will
simply enable us to legally furnish the city
with water until your plans for municipal
ownership are cOnSummated.
II will be noted that there is nothing in
the proposed ordinance with reference TO
rates for public or private. consumption of
125 of the code OF Iowa confers upon your
honorable body power to at all times fix
such rates, irrespective of anything in the
franchise.
Inasmuch as any provision upon that
subject would be void and the company
must under the law rely in any event
wholly upon the wisdom and fairness of
the council we have felt that 1t was use
less to insert any such provision in the
ordinance.
Should the city council, however, feel
that upon this or any other subject the
ordinance ought to be modified to more
fully protect the city and its inhabitants
we will be very glad to confer either with
the counsel any of It's committees with
view to the making of said notifications
would make 1t mutually satisfactory to
the city and the company.
Provisions of Ordinance.
The ordinance is entitled, AN ordinance
to assure to the city of Council Bluffs a
sufficient supply OF water from the Missouri
river for fire protection and for :.sanufae,
turing and domestic uses. after the expira-
ton OF the existing franchise held by che
Council Bluffs City Waterworks company
Section grants the company the right IL
use of the streets, avenues, alleys, etc. fol
its pipes for period of twenty-five years.
Section provides that the company shall
during the life OF the franchise furnish al
abundant supply of good, clean water A
for culinary and drinking purposes. and re
curing the company to keep the city harm
less from the payment of damages to its In