The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1911-07-24
W. J. Roberts, School Board Director. Saws It is
Operating Under Voidable Franchise
and Has No Rights
REPORT TO Be MADE At BOARD MEETING
Investigation Made by Attorney Resulted From
Squabble Over Small Bill Allegation of
Overcharges is Made.

Charging that the Water Works
company of Keokuk is operating I'M
der voidable franchise, w. j.. Rob-
erts. school board director, in spec
al report which he will make at the
regular monthly meeting of the board
Thursday evening will recommend
that demand be made upon the
county attorney to bring action to
obtain judgment of custer against
the company.
Mr.. Roberts bases his contention
on the ground that the Water Works
company did not comply with the law
in securing it's last franchise when
the old one expired on January l.,
1907, inasmuch as no publication of
notice in respect to the special ordi-
nance was made. He also sets out
that the school district Of Keokuk
has claim against the Water Works
company for overcharges during the
past four years.
The examination, or investigation,
by Director Roberts has been an ex-
haustive one and was occasioned by a
controversy over bill for one month S
water used in the public schools. His
report contains six typewriter pages
and sets out in full his findings. He
refers to little joker the Water
Power company slipped into section
70 of special ordinance No Sc, max
ing a change in the section in regard
to rates of the franchise that expired
on January l, 1907, which makes the
school district seven different con-
sumers instead of the one. He asks
this question: What does it profit the
on hydrant rates if they have that
reduction Offset by an increase in
school house rates?
Roberts Report.
Mr.. President and Members of the
Board:
The examination, or investigation,
have made in relation to the bill OF
the Water Works company referred
to me, has taken much wider scope
than | thought, at first, would be
necessary. The matter involved, a
bill for one months water used in the
public schools of this city, though
seemingly of not great importance
does, when multiplied by 120, become
one that calls for more than an oil
hand consideration, and accordingly
the report ] have prepared is some
what lengthy and elaborate
The Water Works company pre-
sents bill for 1912 thousand gal
Ions of water used in the schools
during the month OF May, to-wit:
s55.11, made out according to rates
claimed to be authorized by the spec
ial ordinance No. sc passed by the city
council on July l, 1907.
According to the rates authorized
by the Water Works ordinance thai
expired January I, 1907, the charge
for that quantity of water would be
s3S45.
Hence, the Water Works company
Is demanding of the school district
under what it claims to be valie
franchise, s1666 more per month FOL
water than it could have collected five
years ago for the same quantity o
water. In the course of ten years the
difference amounts to sl,999.20.
Over-charee Large.
Upon a first glance at the provision
of the present ordinance In regard U
gallon consumption rates, it seemed u
me the bill should be for S34.So only
Had this glancing over conclusion
been correct, the over-charge woul'
be S20.31, which in ten years woul'
amount to s2,43720 very pretty in
crease when the public had been LEAF
to believe the ordinance passed Jul.
l, 1907, carried with it reduction
In rates,
After some correspondence with tn
officers of the company, and fulle
and more careful consideration o
section twelve, of special ordinance
No. sc, which the Water work
claims entities it to make the chars
rendered against the school distrlc'
! reached the conclusion that SAT-
company is entitled to exact from TN
school district the increased sum Q
s20.31 per month, aggregating -
1920 in ten years, to which ! nav
called attention. This proposltlo'
SO stirred me as member o. tni
honorable board and a citizen Q
Keokul, THAI it occurred to me =
make an investigation and see II
was in fact true that this outras
upon the school district could D
justified under special ordinance Nc
sc, which the water Works compan