Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-07-10
BOARD REJECTS APPRAISAL
CONTINUED from First Page.l

which books and documents were 50 sub
sequently considered by the said engineers,
Daniel w. Mead and c. II. Benzenberg, ana
over the protest and objection of the at
torneys and representatives OF the CITY OF
city of Omaha, and by reason of which
said consideration the said engineers Dan
iel w. Mead and G. II. Benzenberg, were
wrongfully induced to give said propert s
a valuation so grossly in excess of the
real value to make the same fraudulent
Whereas. the said engineers, Daniel w.
Mead and c. H. Benzenberg in arriving
at their appraised valuation of the water
works, acted Illegally and wrongfully in
arriving at their estimate of the valuation,
in the particular that they based their
valuation upon the cost of redupicatlon,
and refused to consider any and all other
matters whatsoever bearing upon the real
value of the said properties and which
said report does not in tact represent the
a fictitious valuation arrived at by I'M
proper methods, and
Whereas The city of Omaha, by an or
dinance passed February "a, 1903 and APP
proved March 2, 1903, declared that 1t was
then necessary and eNpedient for the city
OF Omaha to purchase the water works OF
the Omaha Water company, and did. by
said ordinance then elect and determine TO
make such purchase. and which said or
dinance was then passed with the purpose
and intent of buying the water works
within the corporate limits or the city OF
Omaha. and the property necessary and
ence, as the same then existed, and upon
the valuation OF said properties as the
same then and there existed. and
Whereas. The said engineers. Daniel W.
Mead and G. H. Benzenberg, did not ar
rive at their valuation set down IN SAID
report, as being the valuation or the SAID
properties at the time when. the said or
dinance was so passed ana approved out
the said engineers, Daniel w. Mead and
G. H BenZenberg, set down in their said
report what purported to be their estimate
Of the valuations of the said properties
as they existed July r 1895 spd tRaf Isd n
to July Z, 1906, the prices of iron pipe, water
mains, hydrants valves and machinery
adopting OF the said last named date as
the one fixing the valuation, the city Of
Omaha has been greatly wronged and dam
aged and the said valuation as fixed in
the said report so signed by the said Daniel
| W. Mead and C. II. Benzenberg is illegal
and void, and ..-
Portions UndervaIued,
whereas. The said engineers, Daniel w.
Mead and q. H. Benzenberg, in their said
| report, i'm estimating the values OF the
properties in South Omaha, East Omaha
hydrants used for the purpose OF supply
| ing the city of Florence and its inhab-
| itants with water, did not give to the
refused to take into account the rents
profits and revenues arising TO the Omaha
water to South Omaha, East Omaha, Dun
dee and Florence, but to the contrary APP
praised that part of the property WITHIN
South Omaha East Omaha, Dundee and
Florence as so much pipe and so many
hydrants I'm the ground at their present
estimated value as iron water mains and
Ihydrants as N the same were entirely dis
connected and separated from the use OF
supplying water to the inhabitants OF the
said respective suburban cities, towns and
villages and by reason whereof the valua-
ton of the water works hNed upon that
part Of the property within The e,, eSEPora s5
Intake at Florence, were proportonately
| sWelled beyond their real value; and the
East Omaha Dundee and Florence was
Internationally diminished, and that the
said apportionment Of valuation between
1.-The citv of Omaha and the said cities OF
Bouth Omaha East Omaha, Dundee and
Florence as made, we're improperly and