The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1920-07-23
CITY MOVES TO
CONDEMN WATER
COMPANY PLANT
Instructs City Attorney to In
stitutc Proceedings and Con-
siders Ordinance Repeating
SALE OFFER is REJECTED
Water Company's Proposition is
Read to Commission
cial Attorneys Named

An ordinance repeating the ordin-
ance granting a franchise to the Bis
marck Water Supply company ami
amendatory ordinances was introduc-
ed and read for the first time at the
city commission meeting last night
The action followed the rejection
of the water company's offer to sell
the plant to the city and adoption of
resolution instructing the city at.
torrey, H. +. O'Hare to institute con-
demnation proceedings to acquire the
property of the water company and
the employment ofNewton, Dullam and
Young as special counsel in the mat
ter. ..-s..
The meeting of the commission last
right was a special meeting, called
to consider the water situation. All
commissioners were present except
Commissioner Bertsch. P c. REM
ington, chairman of the newly ap-
pointed committee on improvements
of the Commercial club was present
and discussed the matter with the
commissioners. &c.,
The offer of the Bismarck Water
Supply company to sell the plant,
made by Miller, Zuger and Tillot-
son, attorneys for the company, was
read. The letter follows:
'In response to your request of the
Bismarck Water Supply company for
a price from the water company on
it's entire plant at Bismarck with the
view of the purchase by the city OF
Bismarck of the water cogfpany,s 3:
plant at Bismarck, the Bismarck Wa
ter Supply company does herein Of
fer to sell it's entire water supply
plant in the city of Bismarck, N. d.
to the city of Bismarck, provided that
this offer be accepted within 60 days
from the date hereof, for the sum
of $502,S90.JO. ......
Expresses Par Value
"This amount expresses the par
value of the outstanding stock and
bonds of the company, plus the ac-
tual cash outlay of the company in
connection with the recent water
works rate hearing before the board
of railroad commissioners.
The offer was dated July 20, 1920.
The offer was in the hands of the
water company, of which John a.
Larson is chairman. The committee
recommended rejection of the offer.
The ordinance repeating the fran
chise then was read. 1t provided for
the repeal of ordinance No. 1888, ap-
proved May II, 1905, granting a IL
cense and franchise to the company,
to lay water mains and pipes in the
streets. ordinance No. 26S, approved
Oct. 1S, 1915, granting a license and
franchise, ordinance No. 271, approx.
ed Dec. 81, 1915, amending the or
dinance amending and extending the
granting license and franchise and
concluded: "are hereby expressly re-
pealed, and the said ordinance and
each of them are hereby declared
null and void" .v -.
Resolution Adopted
The four members OF the commits
sion present, President Lucas, Com
missioners French, Thompson and
4, Larson voted for the ordinance. 1t
was stated that it may be amended
later to set out fully the reasons OF
the commission. Eight days must
elapse before the second reading OF
the ordinance.
The resolution instructing the city
attorney to institute proceedings then
was adopted. 1t stated that the "city !
attorney of the city be and hereby
is directed to institute condemnation
proceedings at once to acquire the
property of the Bismarck Water Sup |
ply company, or of any other persons
or corporations, for the purpose OF
securing municipal water supply for
said city, and that he is directed to !
take such other proceedings and to in
stitute such other suits as may be
necessary or proper to secure mum
icipal water supply, or an adequate
supply of pure water and adequate
fire protection for said CITY,"
Mr.. Remington expressed his ap-
proval of the action taken. He told
the commissioners that he had talk
ed to Frank Milhollan and Roy Lo-
gan, members Of the committee, anc
that they are in accord with the ac-
ton. Mr.. Milhollan is member OF
the state railroad commission
"They are right in for anything !
that is for the betterment of Bis
marck," said Mr.. Remington. "They
didn't think that there was any use
waiting for the decision in the rate
case"
There is no politics in the matter,
Mr.. Remington said, the matter be. !
ing a necessary progressive step for
the city. |
f, eff they'd take the capital away and
we get the bridge this will be the
best city in North Dakota in ten
years." he said
The business was handled with dis
patch. There were no spectators !
present and the business was trans
,.AAY