Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-07-10

wrongfully apportoned and were illegal
and void and
Whereas, 1t appears upon the face of said
report that the same is incomplete, and the
latter part thereof refers to an inventory
which Is to be revised and corrected, ami
which. according to said report, was there
with transmitted to the Water board of the
city OF Omaha, and
inventory so referred to a part of said
report, was not so transmitted 10 me
wafer Doaru OF t9e cl'g ot 0Iliala' I'M no, &c
the city of Omaha, and
Whereas, 1t appears from the said report
that there has been included in the gross
valuation, the values named in the said in
ventory, which are to be changed and cor
rected, and whereas, there is no way re-
served for said revision and corrections
the said report is not completed APP
praisement, and is irregular, Illegal and
void, and
Methods Held to he Wrong.
Whereas, The said engineers, and partic
ularly the said Daniel W. Mead and g. n.
Benzenberg, in the course of their whole
proceedings, relating to the said appratse-
ment, from the inception thereof on ,he
Guiding the 9Th day Of July, 1906, have
been guilty of many gross WRONGS and ir-
regularites in the method of their proceed
ings, and in the manner of reaching their
Valuations. other and different from those
hereinbefore mentioned more particularly,
which of themselves are SufnClent TO make
the report of valuation so agreed upon by
the said Daniel w. Mead and @. H. Ben
zenberg unjust, excessive. illegal and void,
and
Whereas The said valuation so agreed
upon by the said Daniel w. Mead and G.
H. Benzenberg, is no appraisement in man
ner and form as required by Section IL of
Ordinance 423, and is illegal, null and void,
Therefore, be it resolved by the Water
board of the city of Omaha that said re-
port be. and, the same s,-herebyr re-
jected 80
.s Reappraisement Demanded. ,s
Mr. Coad's resolution reads as follows:
Whereas, the Water board of the city of
Omaha has this day, under and by virtue
OF the powers vested in 1t, rejected the
report of appraisement of the water works,
as agreed upon and signed by Daniel w.
Mead and G. II. Benzenberg. Therefore,
be ii
Resolved, That the Water board Of the
city of Omaha appoint new appraiser, TO
the end that the re-appraisement of the
waterworks may be proceeded with. with
regularity and in all due hastei said ap-
praiser to be selected by the said Water
board within convenient time and as
soon as may be from this date, and that
when so selected, that the Omaha Water
company be advised of his selection, and
be it further
Resolved, That the Omaha Water COM
pany be- and is hereby notified that the
said report so signed by Daniel w. Mead
and G.. II. Benzenberg has been rejected
by the Water board of the city of Omaha
and that it is the purpose and intent of the
Water board of the city of Omaha to select
new appraiser as soon as may be, and
with all convenient speed, and that the
Omaha Water company be requested to Sc
lect an engineer as appraiser on its part,
so that the new appraisement may be be-
gun and proceeded with in regular and
proper manner, and with all convenient
speed, ard be 1t further
Resolved, That the secretary of the
Water board serve certified copy of these
resolutions upon the Omaha water COM
pany.
The long expected report had arrived and
was in the possession OF the board 1t
contributes nothing new TO the information
possessed by the public, merely reciting the
history of the appraisement proceedings
and giving the findings as to valuation
The only figures not printed heretofore are
a valuation of 347S, $3.50 for the Omaha part
OF the plant as contrasted against the
whole and included in the $5,614, S46 % sum
Company Demands Action.
President Theodore c. Woodbury. and
Richard S. Hall, attorney for the Omaha
Water company, through bill filed Mon
day in the United States circuit court ex-
act OF the city OF Omaha a performance Of
its contract TO buy the Omaha Water com
panys plant at the valuation fixed by the
! appraisers, 6,26S 295.49
In addition to this petition the officers
CT the water company served on Mayor
DtbAiiAiiehA anu NAAANpiA - AaAlbMb pItslutnl
of the water board, a tender of a deed to
the plant. The petition admits the ap-
praisement to be fair and just, though in
private conversation President Woodbury.
said he considered the appraisement less
than the actual value which he considered
TO be 100000.
This is copy of the deed rendered 10y
the water company:
To the Honorable Mayor, City of
Omaha: The city of Omaha hayEfg
elected TO purchase the system of water
works operated by the Omaha Water COM
pany, exercising for that purpose the
right inuring to the city through the
contract between said city and the grant
ors OF said water company, and as au-
thorized and provided by section IA OF
ordinance of said city. No. 4e3, and the
three engineers selected as appraisers 20
estimate the valuation of said system of
waterworks for the purpose OF purchase
having completed their estimate and hav-
ing made their report thereof, by which
uation and purchase price is S6.263, 295.49,
the Omaha Water company now tenders
10 the city of Omaha deed OF said sys-
TEN of wateTworks and demands Of the
city OF Omaha that IL forthwith pay for
said waterworks the amount of said ap-
praised valuation thereof and hereby Of
fers 10 turn over said waterworks 10 the
city of Omaha TO operate the same forth
with upon the payment thereof OF the
amount OF said appraised valuation and
purchase price.
DATED at the city OF Omaha, Neb.. the
80 80 81 80 NJ TT-n ~onFn.Nrv