The Taxpayer Who Sued to Stop Ballard’s Water Deal
A $1,800 purchase of pipe and tools from a private water company sparked a court fight over public money and municipal ownership in Ballard.
Trouble over the proposed purchase by the city of Ballard of a new water plant occupied Judge Langley's attention yesterday afternoon. John Shields, one of the town's taxpayers, appeared before the court, through his counsel, asking that the city officials be restrained from purchasing the pipe and tools composing part of the water plant of the West Coast Improvement Company. According to the pleadings in the case, the city council of Ballard in July last submitted to the voters the question of the construction of a water system to cost in the neighborhood of $12,000. The people of the town deemed it advisable that they should have their own plant and the proposition carried by a fair majority. Accordingly the council issued bonds which were sold and the money is now in the city treasury.
Shields claims that the city officials are about to purchase from the improvement company a portion of its plant, and he alleges that they have no right to do so, as to purchase any part of an existing system would be to violate the ordinance passed by the council. It will be necessary, he claims, to give the city an entire new plant, and the use of any of the money for the contemplated purchase would be an unlawful diversion of the funds.
The city authorities admit that they contemplate the purchase of a portion of the improvement company's plant. They say that they are about to construct an entire new system in accordance with the requirements of the ordinance. The pipe and tools which they will purchase from the improvement company will be wholly used in the new plant and by making the purchase they obtain material which will be necessary in the construction of the plant, and which will be worth all that is paid for it. Another great advantage, the city officials say, in making the purchase is that by doing so the improvement company, which furnishes water to patrons at the present time, would pass out of existence. The price agreed upon is $1,800, so that there will be ample money left for the construction of the plant.
Judge Langley did not hear the case on its full merits, but after hearing brief arguments by the counsel for both sides continued the case until next Friday. In the meantime the city officials will refrain from making the purchase.
“Another great advantage ... is that by doing so the improvement company, which furnishes water to patrons at the present time, would pass out of existence.”
Ballard was an independent city in 1895 and is now part of Seattle, where its water service is folded into the public utility. The fight over whether to buy private infrastructure or build public capacity is still a familiar civic argument.
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