Omaha daily bee., 1906-12-11
NEW WATER PLANT
Omaha Water Board Determined to Have
Its Own Arrangements
RADICAL ACTION TAKEN BY ADVICE
Attorney Wright Tells What to Do in
Regard to Purchase,
CHOICE MADE BY CITY COUNCIL REJECTED
Ordinance Providing for Purchase Il
ResCinded by Resolution.
WATER COMPANY WILL Be 0USTE0
Howell, COngdon and Nipple Named
to Prepare Plans and Estimates
Attorney Wright Tells What to Do in
Regard to Purchase,
iOlcE MADE BY CITY COUNCIL REJECTED
WATER COMPANY WILL BE OUSTEO
Howell, COngdon and Nipple Named
to Prepare Plans and Estimates
for Construction of Plant
TO serve Omaha.

The Omaha Water board last evening
took the most decided step since the crea-
tion Of the board by resembling ordinance
No 5l62 providing for the purchase Of
the plant of the Omaha Water company,
and appointing a committee OF three meme
bers Of the board TO procure plans ana
estimates for the construction Of a sys-
TEN of water works by the city, this ac~
tion contemplating, in the opinion Of AZ"
torney c. c. Wright for the water board,
the removal OF the pipes of the Omaha
Water company This step was taken by
the water board after six weeks Of con-
ferences between the members and their
attorney and after the gathering Of much
evidence. The decision of the board that
/ the city should construct its own water
| system came in the form of a resolution
drawn by Attorney Wright Member R.
B. Howell moved the resolution be adopted,
/ Mr.. Coad seconded the motion and a roll
call showed unanimous vote in the
affirmative. All the members were present.
4 The entire session lasted about half an
hour, and was but an official sanction OF
what the members had agreed on doing.
Secretary Koenig read a communication
from Attorney Wright, who said he did
not consider it wise that the water board
( should proceed in a court Of equity to de-
! termne the value of the water plant in
! Omaha, but advised the course which the
board adopted through the resolution.
Attorney wrighFs Opinion.
Mr. Wright's communication reads:
OMAHA. Dec, 1O.-To the Water Board
of the CltS of omaha: Tho recent bursting
of tie mains of the Omaha Water company
/ emphasizes the necessity of your board
making, definite announcement Of its
the water works. With this In view l de-
sire to make the following suggestions and
on March 2, 1908 the city council passed
an ordinance electng and determining to
| purchase the works constructed under au-
thority of prior ordinances of the city.
More than three years were consumed In
an ATTEMPT to secure an estimate OF value
under the terms Of said contract and cleo
tion. on July T. 1896, more than three
years thereafter, a Disagreement was had,
so that no valuation was fixed by the three
engineers selected to make the valuation
During this whole proceeding the Omaha
Water company refused to recognize the
right of the city TO purchase that portion
of its property which was necessary for the
purpose Of supplying t,' the city OF Omaha
, city must purchase all of the works in out
lying municipalities,
In view Of the disagreement Of the ap.
praisers, the Water board. on or about
July Il, 1906, called upon the water COM
pany to appoint another engineer, to the
| end that a valuation might be had under
the terms OF the contract between the city
, water company has refused to proceed with
an anpraisement As | have hitherto ad-
vised YOU am convinced that the estimate
by two engineers is not an appnisenent
/ under the contract and there remains to
, this board, under the circumstances, prac-
! tically one Of two courses. The first would
! by its own methods to determine the value
, Of the Omaha Water company's plant
within the city Of Omaha and necessary
. and appurtenant thereto, and to compel q
( specific performance Of it's contract to sell
the same TO the city For various reasons.
which l have state to the board orally,
do not deem such course advisable.
AbrOgatiOn of Contract Advised.
! The board however, has the option Of
adopting another course. viz, to resciud
, | the contract, which ! think II would he
justified and sustained in doing because OF
the insistence of the water company that
1t win not sell 10 the city of Omaha anv
portion of it's works unless II shall purchase
that portion lying within South Omaha and
in other adjoining municipalities and con.
j. structed under separate franchise ordls
+ which has elansed since the election to
purchase, and the changed conditions, ana
e because % the failure and refusal Of the
e water company TO now proceed in accord
=, ance with the terms Of the contract to
= secure estimate ~ value by three engl-
s neers This course ! strongly recommend
u When this is done 7 think your board
= should proceed Immediately 10 secure plans
g and estimates for the construction Of a
" water plant for the purpose Of supplying
/
, decision Of Judge sanhorn. in the water
-e rate case. It is held that the terms Of the
r. ordinance giving the right OF the water
70 company to occupy the streets OF the city
le and to charge rates therein named, II
a limited by the period Of the hydrant rental
Al contract and will expire on September Z.
!, 1903. At that time. therefore, the board win
- have the right to order the water comnany
1t to remove its mains from the streets OF the
" city and ] think the board should be in
"a condition to construct plant Of It's own,
=. unless the water company is willing TO sell
- rHrnr r1ra fn~g nF1a
ic position Of the Omaha Water company has
= been so eXtravagant and unreal Enable that
~ ~ there seems little Likelihood 2 US making
IN any reasonable adjustment of matter.
as Cost of n New Int.
n 7 am Informed hy responsible engineers
CT that an equally efficient system OF water
ly works for the city which can be much
=, moro economically maintained than the
al present plant OF the Omaha Water com,
many can be constructed for very much
less than 100000 and unless the Omaha
n able price for It's works I think It is ths
duty Of this beard TO secure definite plans
OF this city the proposition to erect watel
plant for and on behalf Of the city. TX
this end submit 10 you herewith a resolu
tion for the rescission Of the election e
nv purchase and also resolution dlrectinl
II, the securing Of plans and estimates for th'
~ construction Of an independent water plant
cy You must bear in mind that this does no
g contemplate the maintenance OF dua
a, I system Of water works but contemplate
- the erection Of a plant by the city and tn
lis removal Of the pipes by the present com
~ ~ '1"'' 90 C. C. WRIGHT
IN Resolution Adopted by hoard.
al The resolution adopted by the Waite
er board reads:
~ Whereas, Under and In accordance witt
~ the terms OF Section "A Of Ordinance Nc
IN 42s OF the city Of Omaha, and the amenda
he tory ordinances thereof, the city council o
an the city Of Omaha, then having euthorit
and Jurisdiction In said matter did, on IN