The Glenwood post., 1911-07-01
Rules Against Town Board in Every
Particularly Destruction
Of Company Property
TRUSTEES PERSIST IN APPEAL

such works, and the evident purpose
of it is to permit the qualified elect
ors to determine in the first instance
whether the situation and require
ments are such as to justify taxation
in order that such works may be es
tablished and maintained. The 40
proving vote is not required to enable
the council or board to purchase exist
ing works or renew a franchise for the
operation of a present plant. 1t must
therefore be held that both parties
were bound by the ordinance of Feb
ruary IA, 1905, renewing the franchise
for a term of twenty years beginning
September 81, 1907.
1.-THE defendant cannot now success
fully repudiate its contractual obliga
tions and enter upon course of con
duet relative to the property in con
troversy that will confessedly destroy
the value of that property and render
itself powerless to execute its obliga
tions to complainant. For no cour.
would compel the defendant to execute
its contract of purchase after the com
plainant had quiescently stood by
while the town constructed and equip
ped a new water plant at public ex
pense for the purpose of supplying water
to the town of Glenwood Springs and
its inhabitants as provided in ordi.
nance of Dec. 6, 1909 Until the con
tract of purchase is completed, the com
pany has the right to operate its pres.
ent plant under the term of the renew.
al ordinance and to be protected in
the exercise of that right.
ga decree is entered in the favor of
the complainant consistent with these
views and with the costs assessed
against the defendant.
THE COMPLETE ORDER.
After the above recitals of the
court had been put in type the Post
was able to secure a complete copy of
the order made by Judge Lewis in the
case.
Following the caption in the case 1t
is ordered, adjudged and decreed as
follows:
That the ordinance Of February 14th,
1905, renewing the franchise of com
plainant's assignor for twenty years
from September 9th, 1907, was duly
and legally passed by the Board OF
Trustees Of defendant town, and was
and is contract between complainant
and defendant town, in all respects
binding upon the respective parties
thereto and unaffected by the so-called
repeating ordinance of October 18th,
1908.
That by the adoption of the resolu-
tion Of August 3rd, 1908, the defendant
town elected to exercise the option to
purchase reserved to it, in and by che
terms Of said ordinance of February
l4th, 1905, and that further action by
defendant town under its determination
to repudiate its contractual obligations,
expressed in the terms of its ordinance
No. 8 of the series Of 1909, passed.
December 9Th, 1909, would be inequit-
able, unjust, and work great and ire
parable injury upon complainant.
That defendant, the town of Glen.
wood Springs, its mayor, board of trus-
teeA officers, servants agents and at
torneys should be and they and each of
them are hereby perpetually restrained
and enjoined from enforcing, or seek
ing to enforce, against the complainant
herein, or it's SUCCESSORS in interest, its
ordinance Of October 18th, 1909, pre-
tending to repeal, cancel, and rescind
the complainant's franchise, rights, pri-
vilsges and agreement with defendant
town, IS embodied in its renewal and
extension ordinance Of the 14th day of
February, 1905; accepted by said town
BY resolutions Of its board Of trustees
under date Of August 3rd, 1908; from
Issuing, or seeking to issue, any bond
Of bonds, Or other form Of indebted
ness whatever, for the purpose Of
building o. constructing aay system
Of v,>sF vpsks whassvsr, % long -