Potter County Water Co. v. Borough of Austin
| Decision Date | 18 May 1903 |
| Docket Number | 87 |
| Citation | 206 Pa. 297,55 A. 991 |
| Parties | Potter County Water Company v. Austin Borough, Appellant |
| Court | Pennsylvania Supreme Court |
Argued May 5, 1903
Appeal, No. 87, Jan. T., 1903, by defendant, from decree of C. P. Potter County, March T., 1901, No. 2, on bill in equity in case of Potter County Water Company v. Austin Borough Thomas Cornish et al. Affirmed.
Bill in equity for an injunction.
OLMSTED P.J., filed the following opinion:
FINDINGS OF FACT.
1. I find as a matter of fact, that on October 16, 1897, the borough of Austin passed an ordinance authorizing and empowering one John P. McIntyre, acting for himself, or for a corporation formed for supplying water in the borough of Austin, his successors and assignees, to construct and maintain waterworks in said borough.
2. I find as a matter of fact, that by said ordinance the said McIntyre, or his assigns, should file with the borough clerk, within sixty days, a written acceptance of the terms of the ordinance and within one year should have the water plant in successful operation, and on filing said acceptance was to be deemed a contract between the borough and McIntyre and his successors. This also is averred in the plaintiff's bill and not denied in the defendant's answer.
3. I find as a matter of fact, that on October 16, 1897, John P. McIntyre filed with the borough clerk an acceptance of the provisions of the ordinance above cited.
4. I find, as a matter of fact, that soon after what is called the Potter County Water Company, the plaintiff in this case, was chartered, and that John P. McIntyre then assigned and transferred all his right and interest to the privilege to him granted by said ordinance of October 16, 1897, to said company.
5. I find, as a matter of fact, that the ordinance above stated, in its first section, granted the right to John P. McIntyre, or his assigns, to lay all pipes necessary for the transportation of water for "public and domestic purposes" in said borough.
6. I find, as a matter of fact, that the line of pipe called the "iron line" had been previously constructed by private individuals in said borough and that having been transferred to the borough by the private parties, the said borough agreed to deliver to said McIntyre, the free and uninterrupted possession of said "iron line" and that McIntyre agreed to furnish water for fire purposes free for the fifteen hydrants then located in said borough, and that the borough agreed to rent of McIntyre such additional hydrants as might be necessary for fire protection for the term of the ordinance, and pay the said McIntyre or his successors an annual rental of $15 each for such additional hydrants.
7. I find, as a matter of fact, that soon after the acceptance of said ordinance, and the incorporation of the Potter County Water Company, that the said water company proceeded to construct and operate a water plant in the borough of Austin, laying pipes, putting in hydrants and furnishing water to the people of Austin for domestic purposes and to the public for fire purposes, said work being completed within one year as required and is being operated by the Potter County Water Company to the present date.
8. I find, as a matter of fact, that after the filing of the plaintiff's bill in this case, and the granting and service upon them of the rule to show cause why preliminary injunction should not issue, to wit: on June 17, 1901, the borough council passed an ordinance providing for an election to be held on July 30, for the purpose of determining whether an indebtedness of $19,769.40 should be incurred for the purpose of erecting a water system for said borough of such capacity as may be required to supply water for fire purposes and to supply its citizens with pure spring water for fire and domestic use.
9. I find that this election was advertised and held, and a majority voted in favor of such increase of indebtedness.
10. I find, as a matter of fact, that no actual work has yet been done upon the ground in the construction of said plant, but that the authorities of the borough intend so to do, and that the borough council has advertised for bids for bonds of the borough, the avails of the sale of said bond to be used in the construction of said plant.
11. I do not find from the evidence that the borough of Austin is indebted in any amount whatever, but I do find that the assessed valuation of said borough is $282,620.
12. I find that the iron line was turned over to the plaintiffs by the borough as was required by the ordinance of 1897, and was connected with the other lines of the plaintiff company and that the plaintiff has furnished water through the said lines as required by the ordinance of 1897.
13. I find, as a matter of fact, that sometime in the year 1893 or 1894 some citizens of Austin borough, who were styled the board of trade, entered into an agreement with the Messrs Goodyear (a lumber manufacturing...
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