Omaha daily bee., 1909-01-13
REDUCTION IN WATER RATES
Council Passes Ordinance on Subject
to the Third Reading.
ATTORNEYS TO AID IN BOND CASE
HarI q FINLEY TO Act Under ola Con-
tract and Receive no Pay Unless
the Case Il Appealed From
the District Court.

A new water rate ordinance, calculated
to materially reduce the revenues OF the
Council Bluffs City Water Works company
was introduced at the meeting of the city
council last night, rushed through under a
suspension of the rules to the third reading
and then laid over to the next meeting
only at the urgent request of Mayor Ma
loney and Councilman Bellinger.
The following resolutions having reference
to fire hydrant rentals were adopted;
Whereas, Some OF the hydrants of the
Council Bluffs Water Works company are
by reason OF their location utterly useless
to the city OF Council Bluffs and that other
hydrants are situated so low as to require
digging about them when making connec-
lions: that some of said hydrants are fur
nished with such. insufficient water pres
sure as to be useless in case of fire, and
Whereas, The city OF Council Bluffs has
been paying hydrant rental upon the same,
therefore be II
Resolved, That the committee on fire and
lights be instructed to report the number
and location OF hydrants which are OF little
or no use to the city, and ne instructed to
report the number of and location of all
hydrants which do not come up to the ne
c%essities for furnishing fire protection
within the localities where situated, and
to report the location of such hydrants and
to report the condition OF MIGRANTS generally
over the city, with a view to their use by
the fire department, and to report the con-
dition OF the same as to being buried or out
of repair or unsuitable for use for fire pur-
poses, therefore be II
Resolved, That the city solicitor be in
structed to collect from the Council Bluffs
City Water Works company by suit or
S Ssys bssn any 0ysr and all III t sums s., ghi Camp may
for hydrant rentals due to claims made by
the said company under any former ordi-
nances or by reason of mistake, error or
defective and inefficient hydrants or which
which said sums may have been wrong
fully exacted from the city from any cause
whatever.
Attorneys for Bend Case.
The following resolutions authorizing the
committee on water works to secure
the services Of Harl & FINLEY. attorneys
to assist the city solicitor in defending the
suit brought by the c. B.. Nash company OF
Omaha to enjoin the city from issuing the
proposed 10000 water bonds:
Your committee on water works has
been advised by the city solicitor that un'
der the contract with special counsel
their assistance in the. case now pending
in the federal court without further expense
ment under the contract being due only
upon an appeal of the case to the cour
of appeals or to the supreme court, and
upon eonsultation with the said firm o.
Harl a. FINLEY your committee finds thai
1t is willing to perform this service and tC
treat this case as included within the con,
tract, 1t being understood thai the contraci
as TO payment in case OF the appeal of tn,
case shall be carried out and II appealed
branch of the case as Well as II
the lower court and receive payment ac
eording to the contract; We therefor,
recommend that Messrs. Harl & FINLEY b,
requested to assist the city solicitor in tn
litigation now pending. in compliance will
the terms of the contract heretofore en-
on July I, 1906. an anu ~
The employment of Messrs. Harl and Tin
ley was vigorously opposed by Mayor
Maloney, who commended that 1t was q
needless expense.
1T Is a mere question Of law. OF course
If the city solicitor says he needs assistance
in conducting this case for the city why
we'll and good, but II he does not l do moi
see the use of the city paying out an ad.
ditional $3.50 for the hire OF more lawyers
We settled up with Harl and FINLEY and
we are under no obligation to them any
more. We paid them 5000, but now Il
they are brought into this case l suppost
we will have to pay them $500 more under
their contract.
City Solicitor Klmball was present, bu'
he did not enlighten the mayor as Il
whether he needed assistance in defending
the Nash company suit or not.
The other resolutions were adopted with
out discussion. They were all introduced
by the. committee on water works, which
also presented the new rate ordinance.
Cuts Water Revenue. ,
The new rate ordinance is avowedl
calculated to cut down the revenues of tn
water company to a figure which in tn
estimation of the committee, of whicl
Councilman Jensen is chairman, will b
more in proportion to the value of IN
present plant.
1t was the desire of the committee T.