Omaha daily bee., 1908-09-06
WATER BOARD MAKES MOVE
Passes Resolution Declaring Contract
with Company Has Expired.
NO RIGHT TO TRANSACT BUSINESS
Notice H. Also Served that Nothing In
This Action should BE Construed
as extension OF C~Ompany's
Right to Operate.

pdnY mas no IlEnl ~ No 80 w.
water furnished in the future. inasmuch
as the contract has expired, but deeming
Il desirable to ascertain and determine
the reasonable value of the service, II
any, the Omaha Water board Friday even
ing passed a resolution notifying the Off
GERS Of the company to appear before the
board September 20 and show cause why
the rates should not by lowered. Any 9TH
ers interested are also asked to be pres
ent. The resolution was drawn up by John
l.. Webster. one of the boards attorneys.
and passed by the vote OF all members
present, j. F. Coad, r. b. Howell. DR.. A.
II. Nipple and M. T. Barlow.
In addition to notifying the officers OF
the water company to be present at the
meeting, the board requests and directs
them to present for its consideration infor-
nation on the following points:
The amount Of money earned or re-
ceived for water furnished consumers in
Omaha, South Omaha and Florence during
the last five years, the report to be sep
arated according to cities and according
to meter and flat rates.
To make a showing of the operating ex-
penses for the same period and for each
city separately.
A statement showing the gross earnings
1NN NNARN 40 AAp RNA lbAf oAo oAs SNAC
Information the board may deem important
in its work of fixing the rates.
During the interval before September %
the Water board is to secure any informa-
ton possible from informed persons and
from other cities as to the reasonable
value of water service and hydrant rem
tails.
The resolution also states explicitly that
The proceedings must not be construed as
In any manner recognizing the right OF
the Water company to continue to occupy
the street sof Omaha, nor as an extension
or the franchise or its right to charge and
collect for water furnished, but on the
contrary the board reserves the right to
order the water mains and hydrants from
the streets.
The contract with the Omaha Water
company by and under which the scale OF
rates for water is fixed expires today"
said Attorney Webster last night. This
meeting called for September % is but to
consider the fixing OF new rates, which
schedule will be decided upon after that
date. 1t will depend upon the resolution at
that time adopted whether. the rates fixed
upon at that future date shall become eff
fective at that time. or whether they shall
be declared to be in force and effect from
and after September L."
Text OF Resolution.
The resolution adopted by the board last
night is as follows:
Whereas, Whatever contract rights, If
any, the Omaha Water company may have
virtue OF ordinance No. 423 and ordinance
No. 43O, and the contract with Sidney Il,
Locke, approved July 20, 1880, have expired
by virtue of limitations in said ordinances
and in said contract,
1t is therefore ordered, That the Omaha
water, company be. and is hereby, notified
that all contract rights, If any; which II
may heretofore have had with the city OF
Omaha to supply said city and the inhabf-
tants thereof with water for domestic,
mechanical, public and fire purposes under
ordinances No. 4ZS and No, $50 and contract
with sidney Il. Locker approved July 20,
1880. have expired by virtue OF limitations
In said ordinances and in said contract,
and that by reason of the premises the
Omaha Water mpa is not entitled to
charge, have, collect or receive the prices
set down in said contract for hydrant
rental, nor to charge, collect, have or re-
ceive the water rates set down in said
ordinance No. 423.
Whereas, II Is desirable to ascertain and
determine the reasonable value of the serv-
ice, If any, which may hereafter be rem
dered by the Omaha Water company In
furnishing water for domestic, mechanical
public and fire purposes to the city OF
Omaha end the Inhabitants thereof; and,
Whereas, The Water board of the city OF
| Omana deems II proper 70 commune the
consideration thereof for a reasonable
length Of time, to permit the Omaha Water
company and other persons in interest tc
apear before the Water board ana be heard
in relation thereto;
Therefore, be it ordered that the Omaha
Water company, It's officers and repre-.
the Water board at it's office in the cIty
hall building in the city OF Omaha at .
p. m. on September 20, IsO S to ~ maxi max;
desire to make. touching the reasonable
ness of rates Tor hydrant rental and fol
domestic service and to show cause, II
not be reduced; and,
what Board wants to Know.
Be it further ordered that the Omahs
Water company at said time and place
the Water board for its consideration in
formation upon the following points:
First-The amount OF money earned o.
for water furnished for domestic, mechan
zeal or other uses in the cities OF Omaha
South Omaha and Florence, respectively
during the last preceding five years, thu
same to be separately. stated for, each o.
said cities and for each OF the SAID years
and to separate said statement so as t
show the sources of said income, show
Ing how much is from meter service nov
much from flat rates and how much iron
Second-That the Omaha Water com
pany furnish a like statement showing
the operating expenses apportioned to eacl
Of said respective cities during the sal
five last preceding years, separately
stated for each year.
Third-That the Omaha Water compan!
furnish at said time and place a state
ment showing the gross amount of none!
earned and the gross amount of monel
received during the last preceding fiv,
years, separately stated for each of sail
years, and a like statement of tn
operating expenses during the last fiv
preceding years, separately stated 70
each year.
Fourth-That the Omaha Water com
pany then and there furnish such othe
Information as the Water board may deen
important in relation to water rates an,
hydrant rentals.
Invitation 20 All.
he II further ordered, That any othe
person or persons having interest in tn
matter be and are hereby notified to appea
before the Water board of the said 25tl
day of September. 1908, at it's office in IN,
city hall building, in the city of Omaha