The Richmond palladium. (Richmond, Ind.) 1906-1907, 1906-04-06
APPRA|SEMENT
IS NECESSARY
City Could Not Sell Its Light
Plant at Price Offered by
Mr.. Witherby.
ATTY. GARDENERS OPINION
HE WOULD NOT SELL PLANT
NOR WOULD HE SPEND SAC. 1000
TO MAKE ANY IMPROVEMENTS
ON IT-lAW IN CASE.

Until an app isement of the prop
| erty of the Municipal lighting and
power plant has been made, by com
mittee to be appointed by the Judge
of the Wayne Circuit Court, the sale
of the power plant is a legal impossi.
| bility. although $1,0000,000 in cash be
offered for it. The law in regard to
tfn sale of Municipal property is such
that the offer made by the Light
Heat and Power Company interests
cannot be accepted until after the
| property has been thoroughly gone
over, and it's value established.
City Attorney Gardner says that
| the statute prescribes that the Judge
| of the Circuit Court must appoint
| three men to appraise the property.
The members of the board of apprais.
ers are to be free holders of the coun.
ty, mot residents of the city, who are
| financially disinterested in the out.
| come of the affair
The value being determined by the
appraisers, the result is turned over
| to council. Then. that body, by a
two-thirds vote, can provide for the
| lower than the appraised value. In
case the appraisers find the value of
the plant to be less than its actual
cost, the selling price could be raised
by council to meet the amount Of
fered by the purchasers. On the
other hand, If the appraised valuation
be in excess of the cost, the plant
could only be sold by the purchasing
party agreeing to pay the appraised
valuation.
Publication In a Newspaper.
II Council, by a two-thirds vote,
passes the ordinance or resolution
providing for the sale, this ordinance
must be published in a newspaper of
general circulation in the city and fol-
lowing the publication, no action can
be taken for thirty days If, howev-
er, 100 resident free-holders or tax.
payers of the city present to the
Council within thirty days, a petition
to submit the question to a popular
vote, an election will be ordered and
the question submitted to the vote of
the people.
If this petition is not presented
before the expiration of the prescrib-
ed 30 days, Council can go ahead and
arrange for the sale. If the petition
is presented, a fifteen days notice of
the election must be made. In Or
der that every voter may have a
chance to know the question in full,
the law provides that copies of the
ordinance shall be printed and fur
nished free to voters and upon the
notices of election, there shall be a
statement telling where the copies of
the ordinance can be secured.
In case the results of the election
show that a majority of the voters
wish the sale to be made, Council can
order such action, at the price be-
fore agreed upon, but not less than
the appraised value.
In this way, it can be seen that
Council cannot consider the PROPOSE
tion to sell the plant at the price Of
fered, as that body is not at liberty
to strike any kind of bargain until
the property has been appraised.
Would Not Spend $4,000.
Just now it is the intention of the
Board of Public Works to install new
machinery at an outlay of about S40,-
900. The dynamoes are not running
near to capacity at any time, it is
said. but the capacity of the plant is
to be doubled. City Attorney Gard
ner, when asked about expending
this amount of money upon the plant,
said that it was his opinion that the
question would have to be submitted
to vote of the people. Mr.. Gard
plant at its present capacity, and al
low things to run on as at present.
ner said: Il am for retaining the
To my notion there is no reason why
the capacity should be increased,
since the machinery at tie power
house is guaranteed carG.y load
25 per cent. greater than has crer
been carried, and or sE in1eGnite
length of time