-_ L,s »4*y _ 'X / %y s REPORT TO THE MAYOR AND CITY COUNCIL ON WATER RATES FOR THE PLANT BELONGING TO THE PEORIA WATER WORKS CO. PEORIA, ILL. September 8, 1910 By Benezette Williams C. B. Williams TABLE OF CONTENTS o
05
PAGES
Letter of Transmittal.’. 3
Rights and Responsibilities of Public Service Corporations and Munici¬
palities .. . 7
Investment. 9
Method of Finding Investment.. 10
Controlling Principles of Public Utility Values. 10
Court Decisions and Public Utility Values. 13
Valuations for Sale and Rate Making. 17
Effect of the Appleton Case. 22
Limitation of the Investment. 27
Peoria Water Works, Historical, Descriptive and Financial. 29
Investment for the Peoria Water Works. 43
Returns. 43
Needed Improvements. 47
Water Consumption and Meters. 52
Application of Meters to Peoria Water Works. 59
Cost of Installing and Maintaining Meters.. 62
Reasonable Rates. 63
Proposed Changes of Water Rates. 73
Some Controlling Principles in Rate Making. 73
Meter Rate Schedule for Peoria. 79
Proposed Flat or Fixture Rate Provisions. 82
Statistical Table of 39 Municipal Water Works Plants—Appendix I.... 83
Table of Water Consumption, Population and Revenue of Peoria
Water Works Plant—Appendix II. 87
Going Value. Diagram and Table of Computations—Appendix III. 91
Map of Peoria Water Works System with Proposed New Supply Main
—Appendix IV. 95
Diagram, Showing Water Pumped, Population, Number of Services and
Miles of Mains—Appendix V. 97
List of Free Water Takers—Appendix VI.99-102
Statistical Table of Peoria Water Works—Appendix VII. 103
o
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<\1
INDEX
PAGES
Capitalization of Peoria Water Company... 37
Comparision of Peoria Statistics with Municipal Statistics. 65
Contract of Moffett, Hodgkins & Clarke. 38
Cost of Old City Works. 30
Cost of Properties to Both Companies.41-43
Date of
Initial Construction by City. 29
Reconstruction and Sale to Company.29-35 and 36
Receivership. 38
Receiver’s Sale. 36
Richwoods Water Co’s. Formation. 36
Description of Old City Works.29-31
Description of Reconstructed Works.32-34
Description of Richwoods Water Co. Property. 36
Decisions, Court
Burnswick, Maine Case.16-18 and 23
Cedar Rapids Gas Light Co. Case.17-18
Consolidated Gas Co. Case.17 and 44
Galena, Kansas Case. 16
Gloucester Water Supply Co. Case. 16
Kansas City Case.13-15 and 25
Kennebec Water District Case.15-16
Norwich Gas & Electric Case. 16
Omaha Case. 17
San Diego Land Co. Case. 18
Stanislaus County Case. 18
Urbana Case.44-45
Decisions, Wisconsin R. R. Commission
Antigo Water Co. Case.20-21 and 24-45
Appleton Case. 22
Cashton Light & Power Co. Case.19-20
Menominee & Marinette Light & Traction Co. Case. 20
Madison, Wis. Case.45-46
Wisconsin Telephone Co. Case.20 and 26
Improvements Needed
Approximate Cost Various Items of.47-52
Location and Character of.47-52
Map of New Supply Mains—Appendix IV. 95
Need of Improvements.47-52
Timliness of. 52
Total Cost of. 50
Investments
Conception of. 9-10
Limits of.27-29
Method of Finding. 10
Offsets to.51-52
Peoria Water Works Co. 43
Rate of Returns on. 43-47
Table of Various Municipal Plant—Appendix I. 83
Liabilities of Peoria Water Co.38-39
Liabilities Assumed by Peoria Water Works Co.40-41
Liabilities Assumed by Richwoods Water Co. 40-41
VII.
Meters
Causes of Imperfect Metering.
Comparision of Metered and Unmetered Lake Cities.
Cost of Setting, Cleveland, Ohio.
Cost of Maintaining, Cleveland, Ohio.
Cost of Setting and Maintaining, New York City, Freeman’s
Estimate.
Cost of Setting and Maintaining Peoria Estimated.
General Effect of.
Effect of
Cleveland, Ohio.
Columbus, Ohio..
Des Moines, Iowa.
Fall River, Mass.
Lowell, Mass.
Madison, Wis.
Milwaukee, Wis.
Minneapolis, Minn.
St. Paul, Minn.
Peoria, Number of.
Policy of Peoria adopting.
Operating Expenses, Peoria.
Peoria Water Works Statistics—Appendix VII.
Population
Diagram Showing Growth of—Appendix V. . . ..
Present—Appendix II.
While Old City Works were in Operation.
Public Service Corporations ‘
Discussion of Theory of Valuation of.
Rights and Responsibilities of.
Rates
Classification of Peoria.
Discrimination in Peoria.
Discussion of Cleveland Meter.
Effect on Peoria Revenue of Present Meter.
Fixture in 31 Municipal Plants.
Fixture in 375 Cities.
Meters in Peoria, to Cover Cost of Water.
Meter Minimum too Low.
New England W. W. Association Report on.
Peoria Minimum Meter.
Peoria Public Service.
Principles of Making.
Proposed Basis for Meter.
Proposed New Ordinance for Meter.
Requisites of Reasonable.
Satisfactory Flat.
Variety of.
Revenue
Comparision With Operating Expenses of Total.
During Receivership.
Old City Works..
Sources to Carry Additional Expenditures.
Time to Produce a Remunerative.
Various Municipal Plant.—Appendix I. . .
Year Ending December 31, 1908.
PAGES
.70-71
.58-59
.62-63
.62-63
62
63
53-54
55 .
55-56
59
57* .
57*4
58 -*
54
56
56
59
73
63-64
103
' 97
' 87
31
25-29
7-8
67
66-67
75-76
70
69
68
72
72
77
70
65
72-75
79-80
80
63
70
77-79
63
40
30-31
50
9
83
64
VIII.
Services
Diagram of Peoria—Appendix V.
List of Free—Appendix VI.
Peoria Number of.
Per 1,000 Population Number of.
Various Municipal Plants—Appendix I.
Value
Controlling Principles of.
Distinction between Cost and.
Old City Plant to Peoria Water Co.
Original Cost and Deficit Method of Obtaining.
Peoria Water Works Co. Jan. 1, 1909.
Similarity of Sale and Rate Making.
Going Value
Definition of.
Diagram and Computations of—Appendix III.
Limit of.
Old City Works.
Water Consumption
Peoria—Appendix V.
Diagram of
Present and Past—Appendix II.
Present Daily Average and Maximum.
Per Capita, Based on Freeman’s Curve, Estimate of
Per Capita, When Fully Metered, Estimate of.
Percent in Future of Water Metered, Estimate of...
Per Capita in Various Cities With Percentage Metered..
Total Metered 1908.
Various Municipal Plants—Appendix I.
Water Supply-
Description of Present.
Limits to Present.
Protection to.
PAGES
.... 97
...99-102
.... 59
.... 59
.... 83
....10-13
....10-13
.... 32
.... 19-27
.... 63
....17-18
.... 11
. . . . 91
.... 12
.... 32
. . . . 97
88 and 53
60
72
71
67
83
33-34
61
35
IX.
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To the Honorable, The Mayor and City Council,
Peoria, Illinois.
Gentlemen:
The valuation of the property belonging to the Peoria
Water Works Company and the Richwoods Water Company,
submitted by us under date of March 24, 1910, was intended
only as a basis for a new schedule of rates, which we were not
asked to enter into at that time.
As there stated, other elements, such as operating expenses
and an analytical statement of the Company’s revenue should
be had before taking up that subject.
Since then, Edward A. Pratt & Co. ha-ve made a thorough
examination and analysis of the rating cards of the Comnauy, a
summary of which they have submitted to vou under date of
July 5, 1910.
This summary and the original analysis, have been placed
in our hands, with the request that we pursue the subject along
such lines as will lead to a thorough understanding of the same,
and furnish the proper basis for a fair adjustment of the rate
schedule.
In doing this, more is needed than the technical details
which it may be proposed to embody in a rate ordinance. The
reasons for the adoption of any proposed scale of rates, the prin¬
ciples which have controlled in its making, and its probable
effect upon the revenue of the Company should be clearly set
forth.
In a conference with the Mayor and committee, that pre¬
ceded the preparation of this report, a number of citizens, repre¬
sentative of the city’s civic life, were present. From certain
expressions made at that time, one might infer that they and the
people of Peoria questioned the basis upon which the valuation
of March 24th was made, being apparently apprehensive that
archaic conceptions of the rights and powers of public utility
corporations had moulded the conclusions.
In such a case as the one in hand, about which half a gen¬
eration of contention has prevailed, with questions still unset¬
tled, some of which are pending in the courts and in the City
Council, this questioning attitude is most commendable.
The realization that such contentions still exist in the com¬
munity, and that a wise determination involves a full under¬
standing of the legal and technical principles underlying public
utility values, renders it desirable and necessary that such prin¬
ciples should be set forth with considerable fullness.
3
These considerations will account for the space given to the
decisions of courts and public utility commissions, and their
bearing upon the questions' involved in the Peoria case.
It has also seemed desirable to give a historical outline of
the Peoria water plant, covering the twenty years that the city
operated the original plant, as well as the twenty-one years since
the original plant passed into the hands of the Peoria Water
Company, the antecedent of the present Peoria Water Works
Company.'
Also, in connection with the plant’s history, it is considered
desirable to determine the investment that has been made in the
plant, on entirely different lines from those followed in the re¬
port of March 24th.
This history is pregnant with lessons which should have a
mollifying influence, and greatly accelerate a just settlement be¬
tween the city and the present Company.
With a receivership only twelve years behind them, it is
not surprising that the officers of the Company should view with
apprehension the idea of so radical a change as the substitution
of a meter rate basis for raising revenue, for the fixture rate
schedule now in force.
*
It must be granted that a rapid and ill-conceived change of
this character would be fraught with grave danger to the Com¬
pany’s solvency. For this reason considerable space has been
devoted to the grouping of facts that throw light on the effect
of the introduction of meters in other water works plants, and to
a consideration of a basis for fixing a meter rate schedule which
will reduce this danger to a minimum.
The analysis of the rating cards made by the auditor is
invaluable in furnishing a basis for a comparison of the possible
effect of different rate schedules, and minimizes the risk attend¬
ing such a change as the one proposed.
The aggregate indebtedness secured by what are now first
mortgages of the Peoria Water Works Company, and the Rich-
woods Water Company, is $2,200,000.
The needed improvements, including the installations of
meters, call for an expenditure of approximately $570,000.
With the past history of the plant before them it is doubt¬
ful whether the present Company could advance such a sum.
even with the aid which the revenue of the plant can give.
With the discredit which attaches to water works securities
generally, and particularly in the State of Illinois, it would be
impossible for the Company to negotiate a new loan of sufficient
amount to take up the old ones, and furnish the necessary addi¬
tional funds to make the proposed improvements without an
assured income sufficient to carry it when made.
4
Whether such an assurance is possible can only be deter¬
mined by the City Council and their legal advisers.
But if a plan can be worked out, and put into effect, either
on the line of some system of profit sharing or otherwise, there
is probably no single thing which would advance the material
interests of the city to a greater extent.
For the best interest of the city and the Company, it cannot
be too emphatically impressed upon both, that a water service
permanently kept adequate to the city’s needs, cannot be had
without a change of attitude of one toward the other.
The holding back of information relative to the operation
of the plant from the officials and people of the city can but en¬
gender a suspicion that things are not what they seem, and to
result in making things seem what they are not.
Twenty-one years ago, after twenty years of public service,
the water supply of Peoria was, without exaggeration, wholly
unfit for domestic use. The city had reached the limit of its
power to serve itself in any tolerable and adequate manner. It
never made a better bargain than when it unloaded its old plant,
on the terms which it did, and thereby secured a substitute,
which at that time was rather in advance of the city than be¬
hind it.
That it has now fallen back is perhaps to be ascribed more
to unavoidable conditions than otherwise.
The statement, that if today the city were in the condition,
as to water supply, that it was twenty-one years ago, it would
be impossible to secure such service as it has had since that time,
on equally favorable terms, is no fiction. Nor is it fiction that
a service equal to that of the present and recent past, cannot
continue without a change of terms and relations between the
city and the Company.
Misapprehension and suspicion never devised a greater
offense against the best interests of the people, than to squander
the substance of the city and Company that serves them, in
fatuitous litigation, involving no inherent rights, while the
amount of money thus worse than wasted, is sorely needed,
many times over, to secure adequate service. Far better for
the city to use its revenue if necessary, to increase the amount
paid for public service, and for the Company to husband its
resources for improvements to the plant.
There are no avenues for financing water works today on
such terms as were eagerly sought after prior to 1893.
And the sooner this is accepted as a fact, and cities like
Peoria that aspire to good water service developing with their
needs, make up their minds to serve themselves intelligently, or
to modify the terms upon which they are being served, the
sooner they will realize their expectations.
5
Much less is it possible for the Peoria Water Works Com¬
pany to raise new capital for improvements, however, impera¬
tive they may be, so long as the rate schedule of the ordinance
under which it works, carries a scale of rates, which if followed
in accordance with other perfectly proper provisions of the same
ordinance, would inevitably throw it into the hands of a receiver.
Respectfully submitted,
BENEZETTE WILLIAMS.
C. B. WILLIAMS.
Chicago, September 8, 1910.
6
RIGHTS AND RESPONSIBILITIES OF PUBLIC SER¬
VICE CORPORATIONS AND MUNICIPALITIES.
The broad questions touching the respective rights and re¬
sponsibilities of public service corporations in their relation to
the municipalities which they serve are generally well under¬
stood, though many misapprehensions still exist in the public
mind which are for the most part a legacy of the past, when a
conception of the powers of such corporations prevailed which
is fast becoming obsolete.
This conception was based upon the theory, which was also
put into practice, that a company operating a public utility under
a public franchise was its own master and not subject to control
as to rates or the kind and manner of service rendered.
About fifty years ago courts of Great Britain and a number
of the State Supreme Courts in this country, held substantially,
in the case of gas companies supplying gas under a public fran¬
chise, that they could choose their customers and make varying
rates, as freely as a private manufacturer engaged in a competi¬
tive business, and that they could accept or refuse to render
service at their pleasure.
The franchises under which such companies operated were
considered property, and if the business was profitable it was
valuable property. Little distinction was made between what
we now know as a public utility and a strictly private industry,
and the economic doctrine of laissezfaire was expanded to em¬
brace one as well as the other.
The modern conception of a public utility corporation is
that its paramount function is to serve the public without dis¬
crimination, and, following the tenor of the highest court de¬
cisions, that it is entitled to sufficient revenue to meet interest,
operation, maintenance, depreciation and renewals, and to give
a return on the investment represented by a fair valuation of
the property employed that will make it an object for private
capital to engage in such service. Farther, that the business
should be a monopoly, and that a joint responsibility should
exist between the public and private agencies that brought it
into being, accompanied by governmental regulation of rates,
and control as to the character of service rendered.
This conception really turns a public service corporation
into an arm of government service, temporarily entrusted with
the operation of the public utility.
Besides establishing the public utility as a monopoly under
public control, this doctrine gives it a continuing existence as
7
such, with the power of growth and adaptation to varying con¬
ditions as they may arise, subject to a change of ownership from
private to public agencies and the reverse.
This distinction between the old and the new is not always
clearly drawn, though the state of New York in part, and the
State of Wisconsin as an entirety, have put the modern doctrine
into force without reservation. New Jersey has also established
a Public Utility Commission.
The Wisconsin public utility law gives a company operating
a public utility in that state, the same right to an increase in
rates, if those in force are inadequate, that the state or munici¬
pality has for a reduction, if the existing ones are more than
adequate. Going with this is full protection from competition,
and the right of the municipality to buy at any time on the
valuation of the public utility commission, which is the railroad
commission of that state.
In states where the right exists and is exercised to regulate
rates of such corporations, without the protection which such a
law affords the investment, it is doubly difficult to determine the
question of reasonable rates. Limitations upon municipalities
as to long time contracts relative to public and private charges,
subjects the property of such corporations to a hazard accumu¬
lating as the time for the expiration of existing franchises- ap¬
proaches.
This anomalous situation, which exists in Illinois and many
other states, is, no doubt, due to the transition from the old
conception of the responsibilities of public service corporations
to the new.
It is fair to presume that courts in deciding that rate
schedules embodied in franchise grants to public service corpor¬
ations have no contractural effect, intended merely to affirm the
power of legislative control, leaving legislatures to work out a
sufficient plan to protect the investment as against possible con¬
tingencies on the expiration of their franchises.
But though the laws of this state seem to afford no such
protection, the provision in Section 18 of the Peoria Water
Works franchise, that,
“in the event of a failure to purchase said water works
as herein provided, on or before the expiration of thirty
years, said license and franchise shall then continue in
full force and effect until such time as said city may
purchase said works,”
etc., etc., appears to be ample for this purpose.
8
THE INVESTMENT.
The foundation of all fair rate schedules is that sum which
should justly be credited to the public utility as representing the
capital upon which interest and profits should be based; that is,
the reasonable amount upon which a percentage should be al¬
lowed as returns to the investor.
At first thought, the determination of this sum seems a
simple problem. It is easy to ascertain from the books the cash
outlay made in building the plant; or if the books are not
accessible, it is only somewhat more difficult to determine the
cost of reproducing the physical plant today. Either of these
sums corrected for present prices of labor and material and re¬
duced by the amount of deterioration and the wear and tear
which the plant has sustained can be, and are often assumed to
give the true investment.
The facts are, however, that with public utilities generally,
this ‘'first thought’’ covers only one part of the question involved
On second thought, it becomes apparent that a public utility
that has been in operation for a term of years has acquired a
certain amount of revenue from private sources, as distinguished
from revenue for public service, but that such revenue is not
obtained all at once, and generally not without sacrifice and loss
to the owner.
Farther investigation shows that such private revenue is
acquired gradually by all public utilities, whether operated by
municipalities or service corporations, and with water works
plants, more gradually than with any other kind, and that it
requires many years to reach a level that approaches the maxi¬
mum revenue which the city should furnish.
It is found that water works plants that have been built and
maintained of adequate size for the cities they serve, will take
from five to fifteen years to acquire one dollar of private revenue
per capita; they take from ten to twenty-five years to acquire
two dollars of private revenue per capita; and to reach a ready
remunerative stage in revenue, generally requires from twenty
to thirty years.
The value of the service which such a plant can render that
has been in operation long enough to acquire any considerable
private business, cannot be measured by its ability to pump atid
distribute water only. Its revenue producing power is a most
valuable asset, an asset acquired not only because of the exist¬
ence of the physical plant, in a populated city, but because, as
stated, it has usually been operated for years without profit, and
generally at a loss.
9
To say that the investment in such a plant shall have suf¬
fered diminution because of physical deterioration, and receive
no increase for the business which it has created, is inadmissible.
It is erroneous to say that the creation of this business is
because of the existence and growth of the city alone, and that
the city should derive all the benefit therefrom.
If the course of events had been such that the city had
grown to its present size without water works, a new plant just
starting therein would not have the business in question, but
would have to acquire it through years of work and at a heavy
outlay, just as revenue has been acquired by such plants at all
times.
Building up of the business is as necessary a part of creating
a utility as the building of the physical structure. The two
really constitute the utility as a whole, and each forms an essen¬
tial element of the value.
It follows from this that when a municipality finds a private
agency willing and able to become the pioneer in carrying a pub¬
lic utility, and particularly a water works plant, from the time of
no private revenue to the time when the acquired revenue brings
remuneration, it has secured a service, the value of which is
seldom appreciated.
METHOD OF FINDING THE INVESTMENT.
The foregoing considerations suggest two possible methods
of determining that sum which at any stage of the development
of a public utility may reasonably be taken as the proper invest¬
ment.
1. To ascertain the fair cash value of the property, based
on the cost of reproducing the physical property as of the time
of valuation, and as enhanced by the fact of its acquired earnings.
That is, to find its value as a going concern and as of the time of
valuation on the hypothesis of reproduction.
2. To ascertain the actual outlay in the plant and its
business, made up of the original cost of the physical plant aug¬
mented by the unremunerated expense incurred in producing or
building up its business.
The first method is the one laid down by the courts for
fixing the fair price to be paid for a public utility in case of sale
and for determining the investment to be used in fixing rates.
CONTROLLING PRINCIPLES OF PUBLIC UTILITY
VALUES.
It may be said that the controlling principles of public
utility value as defined by the higher courts, recognize the fact
that cost and value are not synonymous terms; that cost is not
10
i
a measure of value, although the structural value of a plant is
primarily founded on cost or price, as of some specific time:
that finding cost is only a step in finding value, and that the
plant must be scrutinized as to its condition and adaptability to
the function it is to perform in the future, and proper deductions
made for any deficiencies in order to obtain value.
Also, that all value that attaches to a public utility grows
out of the physical plant and its earnings, and since earnings, or
the rendering of service, is the primary object of the existence
of any utility, it is plain that there can be no structural value
without earnings or service rendered.
Physical existence alone does not, and can not, bring value.
Value emerges only when earnings or services, are rendered by
the operating plant. Hence, the value of any plant is necessarily
made up of two fundamental and inseparable elements; the
value of the physical plant, or “structural value,” and the value
of its business, the “going value.”
The latter element goes with the structural element, and
augments the total plant value, just as surely as the cost of
constructing or supplying the necessary mechanical parts.
The proposition that a plant without service to perform, and
without earnings, present or prospective, would be devoid of
value, except to be dismantled and sold as real estate, second¬
hand machinery and junk, is no more apparent than that its
value is due to service to be performed and earnings to be made
in the future, and not to wiiat has been done in the past.
It is equally clear that the structural value of an operating-
plant must be ascertained by comparing it with a similar new or
substitute plant, produced as of today, but operating tomorrow,
under the limitation of future requirements, and that it is the
revenue which the plant in operation can produce in the future,
that could not be obtained or produced by such a substitute
plant, that constitutes “going- value,” and measures its magni¬
tude.
It follows from the foregoing propositions, that there is no
vital distinction between the controlling principles applicable to
determining structural value and going value. In each case a
substitute plant is hypothecated, which is a substantial duplicate
of the operating plant in function and mechanical detail. The
hypothecation is carried to the extent of building it, mentally,
not only at the prices of today, but of doing the work under the
conditions and environments of today. If pavements cover the
street pipes, the expense of taking up and relaying them form a
part of the cost of the hypothetical distribution system, even
though they were not in existence when the pipes were orig¬
inally laid.
11
After the structural cost of this hypothetical plant has been
thus determined, the structural value of the operating plant is
obtained by comparison. The probable future usefulness of the
operating plant, and its several parts, are determined upon, and
the value fixed by reducing the estimated cost of the hypothetical
plant or parts thereof, in proportion to the relation between the
service rendered by the operating plant, in the past, and the
probable service to be rendered in the future.
In like manner, having the past earnings and cost of oper¬
ating the present plant, and its probable future net earnings fixed
upon, its going value is obtained by a comparison with the
probable operating results which the substitute plant could give,
if it were to be built today according to the hypothesis.
It is obvious that if the operating plant had not been built
before the time of valuation, and had not obtained a business
that gives it value, the actual construction of the hypothetical
plant of like capacity, and its operation in the same, though a
formerly unoccupied field, would furnish the next best alterna¬
tive for obtaining revenue and rendering service.
It is equally obvious that the limit of the going value ele¬
ment is the difference in the net revenue of these two plants,
beginning with the time of valuation and continuing to that
time in the future when they shall have acquired equal revenue.
In computing going value as in determining structural value,
it is necessary to distinguish between cost and value.
Generally for many years of a plant’s operation deficits aie
sustained, and if the plant occupies a poor field, or is serving a
decaying community, the deficits continue, until they amount to
sums greatly in excess of the value of the business which has
been acquired.
These deficits, in a sense, represent the cost of acquiring the
accrued business of the plant, but as they were incurred in past
operations, and going value can only be realized in future oper¬
ations, it is plain that there is no necessary relation between
them. Hence as in the case of the physical plant, cost is not
value, and it is necessary to distinguish between them in an
appraisement.
One purpose of the foregoing discussion is to make it clear
that in appraising a public utility, in accordance with the first
method given, it is necessary to distinguish between cost and
value, that though under certain conditions cost may be a true
measure of value, it is not necessarily so; though as relates to
the physical elements of a plant it is an essential first step in
obtaining value.
That considering a public utility in its entirety, its value not
only depends upon its physical structure, but on the service it
performs, the business it has acquired, and which it can carry
12
with it. The physical plant and its business cannot be separ¬
ated. Though no service can be rendered without the physical
structure, the physical structure without the power and oppor¬
tunity to render service would be valueless.
Another purpose is to establish the proposition that it is the
service which the physical structure will perform in the future,
not the work it has done in the past, that determines its value as
an operating mechanism; and that it is the net earnings which
it will produce in the future, not what it has produced in the
past which determines its value as a revenue producing agency,
in other words, tnat the value of a public utility is based wholly
upon its future power of service, the past and present cost of
construction and operating being used only as an aid to forecast
the future.
From the foregoing underlying principles of valuation it
will be seen that any adequate public utility plant, operating in
a growing city, that has been built and developed along lines of
adaptability and permanency, and that it kept in effective work¬
ing condition, does not depreciate in value. All the mechanical
parts of such a plant ultimately perish by decay, w r ear, on abso-
lescence, and must be restored. But being the only existing
agency by which the city, or the people of the city can secure
its peculiar kind of service, such changes, occurring with a grow¬
ing business, must, on the whole, work toward appreciation
rather than depreciation.
COURT DECISIONS AND PUBLIC UTILITY VALUES.
Though no court, so far as known, has epitomized the prin¬
ciples of valuation in the exact form given, it is believed that the
foregoing statement correctly represents the conceptions that
the courts had in mind, and which they have in substance ex¬
pressed, in the decisions which have become the basis for the
valuation of public utilities.
The leading opinion that may be said to have laid the found¬
ation for rational methods of valuing public utilities, and that
was the first to establish the equity of the going value element
where there is no franchise, was the decision rendered by Judge
Brewer of the United States Circuit Court of Appeals, in the
Kansas City Water Works case, legally known as the National
Water Works Co. of New York vs. Kansas City (U. S. Fed.
Reporter, 62, 853.)
In his brief on appeal, C. L. Krauthoff, one of the attorneys
for the Water Works Company, contended that,
“the original legislative act and contract clearly provide
for a valuation based upon the works in operation, and
that they were to be mortgaged upon the basis of a
33
going concern. That the contract cannot be construed
to have contemplated that the works should be mort¬
gaged on one basis and paid for upon another. The
works were to be mortgaged without reference to a lim¬
ited franchise, and their value thus fixed was to be
stationery. The city can get the works for no smaller
amount by reason of the absence of the franchise, and
the company cannot obtain an additional allowance as
for the franchise. The question is: What are the
works, completed and in operation, worth? * * * *
Whenever the purchase was made, the works were to
be valued as a going concern. They were to be in oper¬
ation. They were to be completed, and the operation
thereof was to be contingent.”
In his brief for the Company Gardiner Lathrop contended
that the controlling idea of the contract relative to purchase is
not the cost of the plant as completed; it is not the cost of the
theoretical reproduction, but that
“on the contrary, the provision is that the city must pay •
the fair and equitable value of the company’s works, >
completed and in operation. It must pay upon the basis
of a going concern, the net income of the plant .being
the controlling element upon which the value is to be
estimated.”
In the course of the opinion the court says:
“The company insists that the test is to take the
income or earnings, and capitalize them. The earnings
pay 6 per cent on four millions and a half. In other
words, the company had produced a property which
earns 6 per cent on four millions and a half; and that,
it is claimed, is the fair valuation of the property, 6 per
cent being ordinary interest. On the other hand, the
city insists that the franchise has ceased, and that
basing a value upon earnings is in effect valuing a fran¬
chise which no longer exists, and which the city is not
to pay for; that the true way is to take the value of the
pipe, the machinery and real estate, put together in a
waterworks system, as a complete structure, irrespective
of any franchise—irrespective of anything which the
property earns, or may earn in the future. We are not
satisfied that either method, by itself, will show that
which, under all the circumstances, can be adjudged
‘the fair and equitable value.’ Capitalization of the
earnings will not, because that implies a continuance
14
of earnings, and a continuance of earnings rests upon a
franchise to operate the water works. The original
cost of the construction cannot control, for ‘original
cost’ and ‘present value’ are not equivalent terms. Nor
would the mere cost of reproducing the water works
plant be a fair test, because that does not take into ac¬
count the value which flows from the established con¬
nections between the pipes and the buildings of the city.
It is obvious that the mere cost of purchasing the land,
constructing the buildings, putting in the machinery and
laying the pipes in the streets—in other words, the cost
of reproduction—does not give the value of the property
as it is today. A completed system of water works, such
as the company has, without a single connection be¬
tween the pipes in the streets and the buildings of the
city, would be a property of much less value than that
system, connected, as it is, with so many buildings, and
earning, in consequence thereof, the money which it
does earn. The fact that it is a system in operation,
not only with a capacity to supply the city, but actually
supplying many buildings in the city—not only with a
capacity to earn, but actually earning—makes it true
that ‘the fair and equitable value’ is something in ex¬
cess of the cost of reproduction.”
Judge Brewer’s opinion in this case was so obviously just,
and the doctrine laid down so unmistakably true, that so far as
known, none of the courts of last resort has since rendered an
adverse decision on a similar presentation of facts, though a
number of them have confirmed and elaborated the doctrines and
principles promulgated by Judge Brewer.
The most notable of such cases being known as the two
Maine, water works condemnation cases, before the Supreme
Court of that state.
In the Kennebec Water District vs. the City of Waterville
case, 97 Maine, 185, Judge Savage instructed the appraisers as
follows:
“The property to be taken, both plant and fran¬
chises, are to be appraised, having in view their value as
property in itself, and their value as a source of income.
There are these elements of value, but only one value
of one entire property is to be appraised in the end.
These elements necessarily shade into each other.” * *.
“In estimating even the structural value of the
plant, allowance should be made for the fact, if proved,
that the Company’s water system is a going concern,
with a profitable business established, and with a pres¬
ent income assured and now being earned.”
15
Also,
“In fixing structural value, including the element ol
going concern, consider also the present efficiency of the
system. * * * * Necessary time to construct de
novo, and the time and cost needed after construction
to develop such new system to the level of the present
one, in respect to business and income, and the added
net income and profits which would accrue during this
period of construction and development.”
In Brunswick and Topsham Water District vs. Maine
Water Company, 99 Maine, 371, Judge Savage says:
“Structural value must include consideration of the
facts that the structure is in use, is a going concern.”
Further:
“We speak sometimes of a going concern value as
if it is, or could be separate and distinct from structural
value; so much for structure and so much for going con¬
cern. But tnis is not an accurate statement. The go¬
ing concern part has no existence except as a character¬
istic of the structures. If no structure, no going con- '
cern. If a structure is in use, its value is effected by the
fact that it is in use. There is only one value. It is the
value of the structure being used, that is all there is
to it.”
“The property taken is a single tning, to which be¬
longs certain characteristics which effect value. The
thing cannot be taken without these characteristics. If
it is attempted to value the thing, separate from its in¬
herent characteristics, elements which add value to the
thing are omitted. If these elements are omitted, the
owner fails to receive the full and fair value of the
thing, and thereby is denied just compensation.”
Aside from the cases cited, courts of last resort have sus¬
tained the principle of going concern value in a number of
specific instances.
The City of Galena, Kansas, vs. the Galena Water Works,
is one.
In fixing the value of the plant the referee allowed an in¬
crease in value on account of this element, which the lower
court refused to confirm. On appeal, the Supreme Court re¬
versed the lower court and sustained the referee.
Other cases are Gloucester Water Supply Co. vs. Glouces¬
ter, 179 Mass. 365, and Norwich Gas & Electric Co. vs. Norwich,
76 Conn. 565.
16
The City of Omaha, Petitioner, vs. Omaha Water Co., lately
decided by the Supreme Court of the United States, sustains an
increase of $562,712.45 in the value of the property of the com¬
pany on account of the going concern element in a total ap¬
praised value of $6,263,295.49.
VALUATIONS FOR SALE AND FOR RATE MAKING.
From the foregoing statements and citations there seems
to be no doubt about the doctrine that should apply in the valua¬
tion of public utilities for the purposes of sale.
Some courts have, in a measure, distinguished between a
valuation for sale and a valuation for fixing the investment in
rate cases.
The Supreme Court of Iowa, in the case of Cedar Rapids
Gas Light Company vs. City of Cedar Rapids, Northwest Re¬
porter, 120-966, in opinion made May 4, 1909, says:
“ Where a gas company supplying gas to the inhab¬
itants of a city, laid its mains in unpaved streets, the
value of the mains and pipes, in estimating the value of
the property in fixing rates, should not be estimated on
the basis that it would cost more to place the pipes be¬
cause the streets have been paved.”
In the Consolidated Gas Company case, 212 U. S. Reporter,
19, the Supreme Court of the United States says:
“And we concur with the court below in holding
that the value of the property is to be determined as of
the time when the inquiries were made regarding rates.
If the property which legally enters into the considera¬
tion of rates has increased in value since it was ac¬
quired, the company is entitled to the benefit of such in¬
crease.”
Farther,
“The rate proposed must be with reference to the
value of the property at the time when the rate takes
effect. The company is entitled to the benefit of any
increase in value at that time.”
Also,
“Rates when fixed by legislative authority for pub¬
lic service corporations, should allow a fair return upon
a reasonable value of the property at the time it is being
fixed.”
The Supreme Court of Maine, in the Brunswick & Topsham
Water District vs. Maine Water Company, 99 Maine, 371, says:
17
“Reasonableness of the rates must be based upon
the fair value of the property used by the company for
service of the public.”
In San Diego Land Company vs. National City, 174 U. S.
739, 757, Justice Harlan held:
“What the company is entitled to demand, in order
that it may have just compensation, is a fair return
upon the reasonable value of the property at the time
it is being used for the public. The property may have
cost more than it ought to have cost, and the outstand¬
ing bonds for money borrowed and which went into the
plant may be in excess of the real value of the property
So that it cannot be said that the amount of such bonds
should in every case control the question of rates, al¬
though it may be an element in the inquiry as to what
is, all the circumstances considered, just both to the
company and to the public.”
In Stanislaus County vs. San Joaquin C. & I. Co., 192 U. S.
201, 214-216, it is stated:
»
“The original cost may have been too great; mis¬
takes of construction, even though honest, may have -
been made, which necessarily enhanced the cost; more
property may have been acquired than necessary or
needful for the purpose intended. * * * * j n this
case much of the total amount expended in the course
of construction of the works was not proved by those
who made such expenditures, and the items and total
amount of the cost of construction were only proved by
the books. What such books did not prove was the
reasonableness of that cost, its propriety or necessity.
* * * * To take the amount actually invested into
‘estimation’ does not mean necessarily that such amount
is to control the decision of the question of rates.”
The Iowa court in the Cedar Rapids case, appears to have
furnished the only dissenting opinion of a high court as to the
conclusion that the valuation for fixing rates should be the same
as the valuation for sale.
That there is no real distinction becomes apparent if we
consider that no public utility can have two values at a given
time, and that its fair value at the time of fixing rates, must be
its fair value at the same time for any purpose. If its fair value
for sale, differed from its fair value for fixing rates, at a given
time, then rates should change, merely because of a change of
ownership.
18
To put it another way. If a given sum represents the in¬
vestment which the owner of a public utility is entitled to have
paid over to him in case of a forced sale under the franchise,
or law, then he is entitled to a fair income on the same invest¬
ment in case he is forced to retain it.
It would appear, therefore, that if the first method of de¬
termining the investment is to be followed, that there is no
reason for considering the value of the property as different,
for rate purposes, from its value for sale or condemnation pur¬
poses.
The Iowa case seems to be the result of an effort to com¬
bine two methods of determining the investment for a given
property. Either the reproduction method should be logically
followed and the investment based upon the value as of the
time of fixing rates, or the second method of determining the
investment, the “Original Cost and Deficit’' method, should be
adopted.
THIS SECOND METHOD of determining the investment
by original costs and deficits, divorced entirely from present
value, has seldom, if ever, been recognized as sound, so far as
known, by courts of highest resort. Though the Wisconsin
Railroad Commission at one time seemed to have adopted it as
the proper one for valuing the public utilities of that state.
Later they encountered such difficulties in its use, that it has
been practically abandoned, or, at most, they now advocate
only a halting and partial use of the same.
The Wisconsin law provides, that,
“The Commission shall value all the property of
every public utility actually used and useful for the
convenience of the public.”
Acting under this law, the Commission has made a number
of decisions that seek to establish certain rules and doctrines
affecting the question of public utility values which may be
briefly stated as follows:
In the Cashton Light & Power Co. case, decided in Novem¬
ber, 1908, the Commission substantially enunciated the same
doctrine found in the foregoing citations, as witness the follow¬
ing statements:
“There is, however, an element of value that must
be taken into consideration, and which is sometimes
spoken of as a kin to good will, namely the “Going
Value,” and although the franchise of the public utility
has expired, its plant is to be taken over by the village
as a going concern, and just compensation must be
awarded for the property taken as such; that is, as a
19
living and operating entity, engaged in serving the pub¬
lic and not a mere plant without patrons.”
Also,
“In placing a value on the physical property of a
plant, the units of a plant should not be valued as inde¬
pendent entities, but as units of a going concern per¬
forming utility service.”
And,
“The element of going value created by the invest¬
ment made in developing the business, and in addition
to the cost of the physical structure, must be taken
into consideration in fixing value.”
In the Antigo Water Co. case, decided August 3, 1909, and
also in the Menominee and Marinette Light & Traction Co. case,
decided the same date, the “Original Cost and Deficit” method
of valuation is advanced.
It is held as to the physical plant alone, that the original
cost, and the cost of reproduction, appear to be the most equit¬
able as a basis for rate making, but that as to the business valu¬
ation alone, the most equitable would appear to be represented
by losses during the earlier years, or by deficits from operation
during the development period. That as these losses, or deficits,
had to be met by the owners, they may be said to constitute
the additional investment necessary to build up the business,
and are as legitimate and necessary a part of the cost of the
enterprise as a whole, as is the cost of the physical plant, and
are hence a part of that cost upon which a reasonable amount of
interest and profit should be earned.
In the case of E. E. Payne, et ah, vs. Wisconsin Telephone
Co., also decided August 3, 1909, the same doctrine appears in
the following statement:
“Going value is distinguished from going concern
value. The uncompensated cost incurred in building
up the business must be considered in rate making.
The seller of a plant, which is a going concern, may be
able to get more, and the purchaser be willing to pay
more than for a plant which has no established busi-
, ness. Similarly in expropriation proceedings going
concern value may increase the amount of indemnity
to be paid, but this ‘more’ is not property which is used
and useful for the convenience of the public. Every
effort honestly put forth, every dollar properly ex¬
pended, and every obligation legitimately incurred in
the establishment of an efficient public utility business,
must be taken into consideration in the making of
20
rates. Collectively, these elements must be character¬
ized by the term ‘going value.’ ”
It is thus seen that in the three cases last cited, decided by
the Wisconsin Railroad Commission August 3, 1909, the doc¬
trine that the investment for rate making purposes, should be
based upon the original cost of construction and the deficits
incurred in operation, as opposed to the doctrine of present
value laid down by the courts, and as enunciated by the com¬
mission in the Cashton case, is strongly presented. In the text
of the decisions, extended arguments are especially directed to
showing the fallacy of the “present value” method for rate
making purposes.
In the Antigo Water case particularly, nearly twenty pages
of the decision are devoted to this end, and to establishing the
“original cost and deficit” doctrine.
In these arguments, however, many of the underlying prin¬
ciples and facts that are the support of the present value method
of appraisement are clearly recognized, as is shown by the fol¬
lowing extracts:
Antigo Water case, page 84:
“A mere physical plant, no matter how perfect or
how well it is adapted to the purpose for which it is in¬
tended, amounts to but little unless it has or can obtain
a paying business. Without business it is a dead mass
instead of a living concern earning profits. To have
profits it must have business or customers who avail
themselves of the services it renders at rates that yield
an adequate income.”
“But new plants are seldom paying at the start.
Several years are usually required before they obtain a
sufficient amount of business or earnings to cover oper¬
ating expenses, including depreciation and a reasonable
rate of interest upon the investment. The amount by
which the earnings fails to meets these requirements
may thus be regarded as deficits from the operation.
These deficits constitute the cost of building up the
business of the plant. They are as much a part of the
cost of building up the business as loss of interest
during the construction of the plant is a part of the cost
of its construction.”
Here there is a clear recognition of the principle that plant
value is as surely dependent upon earnings, or business, as upon
the physical structure, and of the fact that public utilities gen¬
erally reach a paying basis only after years of operation at a
loss.
21
EFFECT OF THE APPLETON CASE.
Notwithstanding these decisions of August 3, 1909, so
strongly supporting the “Original Cost and Deficit” method of
determining the investment for a public utility, as against the
“Present Value” method, in the case of the “City of Appleton
vs. Appleton Water Works Co.,” decided May 14, 1910, the Com¬
mission take quite a different position.
They quote with disapproval page 221, two Pennsylvania
cases, apparently the only two extant that seem to support the
doctrine laid down in the three cases referred to, because, as
they contend, the rule adopted by the Pennsylvania courts is
subject to serious objections. To quote:
“It would impose upon the public, in some cases,
the obligation of paying returns upon extravagant and
unwise investments. It can only be accepted as sound
when the money sunk in the investment has been pru¬
dently expended and is clearly not so excessive in
amount, in comparison with the actual present value
of the investment, that to pay a return upon it would .
require the exaction of rates that are unusual, or higher ,
than the value of the service to the customer.”
It is to be observed that in this statement the Commission
appeals to the “Present Value” to test the correctness of the
“Original Cost,” which is the same as saying if the “Originall
“Cost” method brings the “Actual Present Value of the Invest¬
ment”,* it may be followed, otherwise not.
The following, p. 276 and 277, Appleton case, is a still fur¬
ther repudiation of the “Original Cost and Deficit” doctrine:
“The entire excess of cost over operating revenues
incurred in developing the business and establishing
the same upon a self-sustaining basis is not in every
instance an inflexible criterion by which the element
of going value is measured, for if it were so considered
its application would often lead to a reductio ad ab-
surdum. Thus, the longer the period of development
necessary to attain the point where the debits and cred¬
its balance, the greater might be the going value, and if
such period were abnormally or unusually long, it
would often result in an unreasonable excessive going
value, depending upon the time the appraisement was
made and other circumstances of the particular case
considered.”
*Black not in the original.
22
The final outcome in the Appleton case is a full justification
of the position taken by the courts, and practically leaves the
present value method in undisputed control of questions relative
to the investment in public utilities for either rate making or for
sale purposes.
Even such statements as the following from the Brunswick
case, that
“In determining what would be a fair return, un¬
doubtedly the amount of money actually and wisely
expended is a primary consideration. Actual cost bears
upon reasonableness of rates as well as upon present
value of the structure as such. It thus bears upon what
is a fair return upon the investment and so upon
the value of the property. In estimating structural
value, prior cost is not the only criterion of present
value and present value is what is to be ascertained.
The present value may be affected by the rise or fall of
prices of materials. If in such a way the present value
of the structure is greater than the cost, the Company
is entitled to the benefit of it. If less than the cost the
Company must lose it. And the same factors should
be considered in estimating the reasonableness of re¬
turns,”
do not invalidate the last conclusion, for Judge Savage dis¬
tinctly says if the present value of the structure is greater than
the cost, the Company is entitled to the benefit of it, and if less
the Company must lose it.
“And the same factors should be considered in es¬
timating the reasonableness of returns.”
The doctrine contained in this case clearly is that prior
costs may be evidence to show present value, but the present
value is the only ultimate criterion for determining the invest¬
ment, whether for sale, or for determining the reasonableness
of returns.
The Wisconsin Commission occupies a conspicuous posi¬
tion, being invested with great powers as affecting public util¬
ity values in that state. And because of the recognized ability
and fairness of the Commissioners, and because their findings
are semi-judicial in nature, they will necessarily be quoted, and
in a measure relied upon, the country over.
For these reasons and because their early decisions run
counter to the consensus of the opinions of practically all of
the higher courts in the land, we are justified in examining
them critically and in testing their soundness in every available
23
manner, so that if the facts assumed by the Commisison and the
reasoning therefrom are faulty, it may be discovered.
The following quotation from the Antigo Water case, pp.
94 and 95, contains a substantial epitome of their argument
against the “Present Value” method of obtaining the invest¬
ment:
“As already intimated, engineers and other ap¬
praisers, in valuing public utilities, have gone beyond
mere costs in endeavoring to arrive at the value of the
business of a going concern, and have also taken the
earnings of such plants into consideration. They have
held, in substance, that such plants are worth more
with, than without an established business, and that the
difference in the value in the two cases is closely de¬
pendent upon the cost of establishing the business, as
well as upon the earning power of the business so estab¬
lished. In other words, they look upon both the cost
and the earnings of a business as proper elements of
consideration in determining its value. Many among
them, in their appraisals, appear to have attached great- •
er importance to the earnings of the business than to-
the cost. It is stated above that the net cost of build¬
ing up the business would seem to be a legitimate item
for the capital account or of that value of a plant upon
which its rates are based. Whether this can also be
said of the earning value, appears to us extremely
doubtful. Earning values are usually determined by
capitalizing net earnings, or by comparisons, which
amount to about the same thing, and such values can
hardly be equitable for rate-making purposes.
“There are many reasons why the earning capacity
or earning value of the business cannot be a just basis
for rates. Other things being equal, the earnings of a
plant depend upon its rates. Under such conditions
raises in rates will increase the earnings. The earnings
at the time of the appraisal may also be derived from
rates that are unreasonably high.”
In this the Commission confuses methods, and arguments
sometimes used and advanced by individuals who may at times
be called upon to aid in the appraisement of public utilities,
with the settled consistent doctrine expounded by the clearest
thinkers that have occupied, or still occupy benches in the high¬
est courts.
As far as appears no appraiser has ever held that the ele¬
ment of going concern value is dependent upon the cost of
establishing the business, while at the same time contending
24
that it is dependent upon the earning power of the business so
established.
But if such should be the case, it does not discredit the
soundness of the contrary view that cost is never as such, a
measure of value, and if cost and value correspond, it is more
of a coincident, or accident, than otherwise.
It is erroneous to assume, as the Commission does, with
reference to appraisements, made by engineers and others, that,
“Earning Values are usually determined by capital¬
izing net earnings, or by comparisons, which amount to
about the same thing.”
If some appraisers inclined to the capitalizing of net earn¬
ing before the Brewer decision in the Kansas City case, it was
to determine the whole value of the plant, and not merely the
element of going value.
This method, however, was removed from controversy by
Judge Brewer in holding it inadmissible. With just as such
emphasis, however, he held that,
“The original cost of the construction cannot con¬
trol, for ‘original cost’ and ‘present value’ are not equiv¬
alent terms. Nor would the mere cost of reproducing
the water works plant be a fair test, because that does
not take into account the value which flows from the
established connections between the pipes and the
buildings of the city.”
The principles established by Judge Brewer’s opinion as
sound in doctrine as well as in law, are that capitalizing net
earnings is inadmissible.
Original cost is eliminated, because “original cost and pres¬
ent value are not equivalent terms.”
The mere cost of reproduction is not sufficient, “because
that does not take into account the value which flows from es¬
tablished connections between the pipes and the buildings.”
Now, what is this value which flows from the established
connections? In what does it consist? Whence does it come?
Judge Brewer did not give it a name, nor did any one in Kan¬
sas City case, though some of the attorneys contended that the
business, and the plant as a whole must be taken upon the basis
of a “going concern.”
Obviously it has to do with something that has economic
value, that is the object of human desire, that is sought after.
Something for which people will make sacrifice. No one will
do this for “Deficits and Losses.” One may incur “Deficits and
Losses” to attain the sought for object, but they are not the!
object.
25
The object desired and sought in the case of public utilities
is beyond dispute, service. A service whose value is repre¬
sented, and measured by certain portion of the probable future
earnings of the plant.
This certain portion of the probable future earnings is evi¬
dently the thing which enhances plant value, and is the thing
to be determined. It has been christened “Going Concern
Value,” and for short, “Going Value.” What is the proper con¬
ception of this value? Is it properly characterized by the Wis¬
consin Commission, in the language of the Wisconsin Telephone
case? That,
“Every effort honestly put forth, every dollar prop¬
erly expended, and every obligation legitimately in¬
curred in the establishment of an efficient public utility
business, must be taken into consideration in the
making of rates. Collectively, these elements must be
characterized by the term ‘going value.’ ”
Surely this was not the conception of Judge Brewer, for
the uncompensated cost of building up the business of which
the commission speaks, the expenses and obligations, are but
“original costs,” which Judge Brewer held were not the equiva¬
lent of present value.
What is it then but the earnings which the operating plant
can and will produce in the future, which could not be obtained
if such plant had had no existence? that is the difference in the
net earnings of the operating plant, and the possible net earn¬
ings of a hypothetical plant if it were started today in the same
though a new and unoccupied field?
That the Wisconsin Commission are not fully satisfied with
their characterization of “going value” has been shown by the
fact that while in the three cases decided August 3, 1909, it is
conceived of as dependent upon the cost of building up the bus¬
iness; that is, upon the deficits of operation; in the Appleton case
this was held not to be an inflexible criterion, because, according
to the commission, if the deficits are too large and continue over
too long a time, the “going value” becomes too great.
It is pertinent to inquire, how is one to know that it becomes
too great? What is the standard of magnitude? If the costs
and deficits have been necessary in the conduct of the business,
if they could not be avoided, and they are to be the measure of
value, why should they be excluded if the theory is sound? If
they are legitimately a part of the investment and were properly
incurred, their magnitude is of only secondary consequence.
The courts foresaw all of these difficulties and kept clear of
them by repudiating the theory that deficits or costs represent
value.
26
To state the proposition that the greater the deficit the
greater the value; that is, the greater the loss, or the less busi¬
ness the plant has the more it is worth, is to reduce the “original
cost and deficit” theory to a reductio ad absurdum.
The difficulties which the commission encountered, and
which some other minds encounter, is basing “going values”
upon revenue which may be too high, are only imaginary. The
discriminating appraiser can determine from the revenue, within
small limits, whether the rates are too high as a whole, to give a
proper basis for computing going value, and he can always cor¬
rect the going value to conform to the proper revenue after it
has been determined.
LIMITATION OF THE INVESTMENT.
The principle that the investment sum must not exceed the
fair present value of the property is a fundamental deduction
from the foregoing discussion. Also that the value found must
primarily be fair to the municipality. By this it is meant that
under no condition is the municipality to be called upon to pay
more than the present value of a public utility as a going concern.
Hence the importance of finding this limit, and hence the
fallacy of the “original cost and deficit” theory of valuation.
Any method if consistently applied, that gives more than
the actual present value of the property, is liable to be unfair to
the municipality. And if, as in the Appleton case, the result must
be compared with the value ascertained in another way, tnen the
method fails as a complete instrument of valuation.
It is the insistency of the courts that appraisements shall
not exceed the present value, that protects the public interests,
and it is the requirement that the plant shall be valued as a
going concern that insures the owner in at least a part of the N
uncompensated service which has been rendered.
To speak of insuring the owner against uncompensated ser¬
vice may appear in effect as appealing to the “original cost and
deficit” method. But this appearance vanishes when the com¬
pensation is limited to the present value of the property.
That the owner should receive compensation for his out¬
lays so long as it does not exceed this value, is manifestly just.
It is obvious also that to hold that the owner should be thus
compensated, within the limits of value, is very different from
holding or allowing, that the compensation shall exceed these
limits if the costs are in excess.
This distinction is fundamental. In one case the munici¬
pality always gets value received, and the risks are carried by
the owner. In the other case, the municipality is made io
shoulder the risks of a business for which it is only remotely
responsible.
27
These distinctions are in full harmony with the doctrine
laid down by Judge Savage in the Brunswick case in the para¬
graph quoted above, page 23, which is in substance that present
value must govern, though original cost is legitimate evidence to
be considered as bearing upon value.
Some confusion in the methods of valuation, as with tlie
rights and responsibilities of public service corporations, aie
perhaps inevitable during the transition period from the old to
the new conception of a public utility.
No one can reasonably deny that if the public utility being
valued was brought into being as the joint product of public and
private agencies, and if during all of its past existence it has been
operated under strict governmental control, w T ith a scale of rates
which furnished proper remuneration to the operator, that the
actual original cost of the physical property, increased by the
outlay in creating the business, might reasonably be conside-ed
the fair investment sum sought.
But there are no such public utilities in existence today.
Those now being operated by semi-private and quasi-public
agencies, were created by such agencies under contract with the
municipalities which they serve.
By the theory of their creation the risks were assumed by the
owners. If they made money it was theirs, if they did not, they
would have to bear the loss.
The public could not be called upon to make them whole,
either directly or indirectly, except so far as the value of the
property will affect that result. To this value they are entitled
at least as far as is necessary, to proper remuneration. But they
have no right to compensation beyond that given by the value
of the property.
It should not be assumed that in all cases the value of the
property should be enhanced by the full amount represented by
the difference of the net earnings of the operating plant com¬
pared with the hypothetical plant, that is, by the full amount of
the going value.
After the revenue of the operating plant has been devel¬
oped substantially to the level of the city it serves, it may be
found that an enhancement of even less than one-half of the full
going value will give an investment adequate to afford proper
compensation to the company. In such event, the city becomes
a large beneficiary from the past operations of the plant.
It is thus seen that an equitable valuation of a public utility
involves a careful consideration of many variable elements.
It is little wonder then that the Wisconsin commission
should find that different cases present different aspects, and
28
that conclusions that seem justified in one case, are not consist¬
ent and just in another.
Difficulties will arise, whatever theory of valuation is adopt¬
ed, but that theory which follows the true economic principles of
value will be found to be the simpler and freest from em¬
barrassments.
So long as the appraiser keeps within the limits of actual
values he is not likely to go far astray. But if he attempts to
deal in “original costs and deficits,” except as a mere check, as
evidence to educate his judgment, nothing but confusion will
follow.
Herein lies the contrast of the two methods of valuation.
“Origial costs and deficits” consistently followed may lead
to great injustice, and without a resort to present value for com¬
parison, the appraiser may often be unable to get his bearings.
But so long as logically determined present values are dealt
with no serious injustice can result.
Such being the case it is evident that the doctrine of valua¬
tion laid down by the courts, is the only one which will safely
guard the rights and interests of the public, as well as of the
owners of the utility.
Being convinced of the correctness of this position, it has
been the endeavor in this case to find that sum for the invest¬
ment, which being, by a wide margin, within present values, will
bring to the owners of the Peoria Water Works, substantial
compensation for the service they have rendered the city.
PEORIA WATER WORKS.
Historical, Descriptive, Financial.
In a sense, the water works built by the City of Peoria in
1868 and ’69, and operated until November 1, 1889, when they
were turned over to the Peoria Water Co., the assign of Moffett,
Hodgkins & Clarke, were the beginning of the present plant, and
for certain purposes the latter should be considered as the con¬
tinuation of the former.
Appendix IV of the report of March 24th, contains a brief
historical statement of such salient facts as could be culled from
the city records in the offices of the City Clerk and City Comp¬
troller. The minutes of the City Council, covering this period,
are available, but unfortunately, in only a limited number of in¬
stances do they contain the detailed reports of the Water Works
Committee, or the Superintendent of Water Works, except by
inferences, and what is still more unfortunate, these original
reports are generally not on file. The data available is, hence, to
a certain extent, fragmentary.
29
It has been possible, however, to arrive at a reasonably close
approximation of the cost of the water works, and of their oper¬
ation, and the income from the various sources, of water fates,
bonds and taxes.
The following is a statement covering construction and
operation of the plant, from which it will be observed that the
cost of the distribution system is placed at $462,000, while in
Appendix IV of the March 24th report, it is given as $420,000,
the total plant cost being $662,000 instead of $620,000. This
variation is partly due to a revision of the figures, but mainly to
the discount on bonds and interest during the first construction
period being included.
The following is a summary of the approximate cost of
building and operating these works, covering twenty years, from
1869 to November 1, 1889, when the plant was acquired by the
Peoria Water Company.
Cost of construction includes interest during the period of
first construction, June 1868, to December 1869, and discount
on bonds:
Cost of pumping station, including real
estate, inlet from river, pumps, boil¬
ers, etc.$200,000
Distribution system, including city wells... . 462,000 $ 662.000
Operating expenses .$436,000
Interest paid . 729,000 $1,165,000
Total outlay on account of works.$1,827,000
Receipts.
Water rents and taps.$505,000
Bonds. 500,000
Income, miscellaneous . 22,000
Income from taxes. 800,000 $1,827,000
The plant was sold for $450,000, and there was received for
water rents, $505,000, a total of $955,000, which taken from the
total outlay of $1,827,000, leaves $872,000 as the cost of furn¬
ishing fire protection, or public service, for twenty years, which
is $43,500 per year.
The works started with 15.5 miles of street mains in 1869.
/
and ended, in 1889, with 45 miles, the yearly average being not
more than 33 miles.
On this basis, the cost of fire service per mile of pipe in use,
while the city operated the plant, was $1,320 per annum.
Prior to building the works the cost of the fire department
per year was $13,000.
30
The first official act leading to the construction of the orig¬
inal works was taken by the City Council, February 4, 1868,
when a committee was authorized to employ an engineer to
prepare plans for a system of water works.
This resulted in engaging Joseph A. Lock, formerly assistant
engineer of the Louisville Water Works, who made surveys and
plans for a reservoir system, estimated to cost $310,059.
The committee reported against the reservoir plan, and in¬
stead recommended the Holly direct pressure system, equipped
with Holly eliptical rotary pumps, to have a capacity of 3,500,000
gallons in 24 hours.
The Holly system was then in an experimental stage, and
the Peoria plant must have been among the first of the kind built
May 25, 1868, the committee was authorized to contract
with the Holly Company for the pumping plant, and a few days
later to contract for pipe.
December 7, 1869, the Water Works Committee reported
that water was first supplied through the pipes on June 22, and
that the works were substantially completed December 1st, at
which time, 15^4 miles of pipe had been laid, and 110 fire
hydrants had been set. They had cost on a cash basis, $353,133.
The Holly machinery did not prove durable, and was very
extravagant in the use of coal.
About 1874 or ’75 one Dean, and one Cameron pump was
purchased, and in 1879 and 1880, two Worthington pumps were
installed, each rated at 2,500,000 gallons capacity in 24 hours.
The pumping plant and supply works were located at Grant
street and the Illinois river, the water being drawn from the
river.
The quality of the water was very bad, and seriously handi¬
capped the plant in obtaining revenue. Though in four years
it had acquired a revenue of $22,615 per year, in 1889, sixteen
years later, the revenue was only about $33,000, an increase of
less than 50 per cent.
During this time the population of the city had grown from
about 25,000 to 41,000, and the pipe mileage was nearly doubled.
The service rendered by the plant not being satisfactory, in
1887, Mayor Kinsey urged that a reservoir system be built, and
in the following year he renewed the recommendation.
As a result of the then existing conditions, and the Mayor’s
recommendations, and because the city could not obtain the
money to reconstruct the plant with a suitable supply of potable
water, on May 4, 1889, the council passed the present water
works ordinance, granting Moffett, Hodgkins & Clarke a fran¬
chise to rebuild, enlarge and extend the water works system,
and providing for the sale to them of the then existing works
for $450,000, the amount of the outstanding water works bonds.
31
The franchise was granted for thirty years, with a provision
for a renewal for an equal term, if the plant shall not have been
purchased by the city, by the end of the first thirty years.
It was not to take effect until a water supply satisfactory to
the City Council had been discovered by Moffett, Hodgkins &
Clarke, and accepted by the City Council.
The ordinance of May 4th was amended July 23, 1889, and
on November 1st the old city works were turned over to the
Peoria Water Company, the assigns of Moffett, Hodgkins &
Clarke, which Company they had organized June 2, 1889; Mof¬
fett, Hodgkins & Clarke taking a contract to carry out the terms
of the ordinance.
The property transferred consisted of the pumping works,
river inlet and lands belonging therewith, 45 miles of street
mains and hydrant connections, 4 inches and 16 inches in
diameter, 368 fire hydrants, and 2,084 service pipes, with such
appurtenances as usually accompany a water plant.
Of the 45 miles of pipes, about 31.2 miles remained in the
system, 9.3 miles were taken up and relaid, and 4.5 miles of the
small pipes were abandoned, disappeared in some manner, or
never existed.
The structural value of the old plant as a part of the
new, is estimated at ..'$225,000
The going value. 75,000
Total value of the property.$300,000
Leaving $150,000 as the cost of the franchise to Moffett,
Hodgkins & Clarke.
The works specified in the ordinance granted to Moffett,
Hodgkins & Clarke were to be a combined “direct pumping and
reservoir system/’
There were to be three compound pumping engines, each
with a capacity of not less than 6,000,000 gallons in 24 hours.
The distribution system was to have 75 miles of street mains,
of which not more than 17 miles were to be 4 inches in diameter,
and not exceeding 23 miles, 6 inches in diameter.
A 30-inch main was to extend from the pumping works to
the court house square. It was built beyond the square, and
has a length of 16,180 feet. The 30-inch main connecting the
distribution system with the reservoir is 5,273 feet in length.
One thousand fire hydrants were to be set along the 75 miles
of street mains.
One earthen reservoir was built, having a capacity of 18,-
000,000 gallons, and two elevated steel water tanks, having a
capacity of 500,000 gallons each. The flow line of the reservoir
32 .
and tanks was to be 220 feet above the corner stone of the court
house, or 320 feet above city datum.
Some years after the tanks were built one of them collapsed,
and the other one was subsequently dismantled.
The franchise ordinance provided that the grantees should
at their own expense investigate for a source of supply, and that
the water furnished should be clear and wholesome, of such
standard or purity as to secure the approval of the City Council,
and that before the then water works system should be con¬
veyed to them, a sample of water and source of supply should be
accepted by the council.
The present pumping works are located on the Illinois river,
and near to the tracks of the Rock Island railroad, 6,400 feet
above the city limits, and 15,400 feet from the court house square.
The reservoir is located to the northwest of the pumping
station, and one mile distant therefrom, in a direct line. The
reservoir and pumping station both being outside the city. The
Village of Averyville lying between the pumping works and
the city, and is supplied with water by the Company.
The water supply system as actually built and in operation
today, consists of one main central open well, containing a steel
collecting tank on the inside, which is supported by pipe posts
sunk to the rock, with which the suction pipes leading to the
pumps connect.
In addition to this there are seven subsidiary wells, located
up and down the river for a distance of 4,580 feet. The extreme
southerly one being 1,250 feet from the central well, and the
extreme northerly one, 3,330 feet therefrom. One of these sub¬
sidiary wells is just being completed, and as yet has furnished
no water.
The water is conveyed from the two southerly wells to the
central well through a wooden stave conduit, 20 inches in
diameter, and from the northerly gang of wells through a 24-
inch sewer pipe conduit laid to a grade.
In most of these wells, including the central well, vertical
centrifugal pumps, operated by Pelton water motors, are in¬
stalled, the motors being operated by water supplied by the
main pumps.
Electric motors are being substituted for these hydraulic
motors, thus relieving the main city supply pumps of this work.
The water is contained in an underlying stratum of gravel
and sand that lies above bed rock. Above this stratum, that is
of varying thickness and consistency, is a bed of practically im¬
pervious clay.
Inside of the wells there are perforated steel caissons in
which the centrifugal pumps are placed, the water being drawn
33
through the perforated shells of the caissons, which act as
strainers in holding back the sand and gravel.
The extreme bottom of these caissons are generally sunk to
a level of from 6 to 10 feet below city datum.
The level of the extreme high water in the Illinois river at
the upper free bridge, near to the pumping station, is 46.15 feet
above city datum. As the walls of the wells are carried above
high water, the total depths of the wells vary from 53 to perhaps
57 feet.
Extreme low water in the river at the upper free bridge is
given as 22.55 feet above city datum.
With no draught on the wells, the level of the water in
them is approximately the same as the river level, but when
being pumped, the level drops below the river level, variable dis¬
tances, depending upon the quantity of water being drawn, and
the amount of the underground water supply.
As none of the water appears to come from the river, the
available supply varies with the surface supply that reaches
the water bearing stratum.
With a minimum ground water supply, coincident with a
low river stage, the surface of the water in the well would reach
its lowest level.
In November, 1908, the low water stage of the river was
30.5 feet and the level of the water in the small wells sunk inside
of the central well was 8.5 feet, a difference of 22 feet.
On March 9 and 13, 1908, the river stage was 45.50 feet, near
to extreme high water, the well at same date was 41 feet.
August 9 and 11, 1909, with a pumping rate of 10,000.000
gallons per day, the river stage was 32.8 feet and the well 17
feet, a difference of 15.8 feet.
During June and July, 1910, the limit of the present supply
seemed to have been reached, and it is believed that the limit of
the developed water bearing field has also been reached, and that
it cannot be increased by expanding its boundaries. For this
reason a new field, about 2^4 miles above, on the river,, has
been investigated and the property acquired.
The Peoria Water Works Company, in its own name, and
in the name of the Richwoods Water Company, has acquired
about 205 acres of land, including the pump house and reservoir
tracts, and 76 individual lots, much of it lying to the north and
west of the pump house. It has also secured the right to control
the use of 88 acres more.
With the exception of the pump house and reservoir tracts,
and the strip of land stretching up and down the river, upon
which the wells have been developed, all of these lands, and
rights of control, have been acquired to protect the water supply
from possible contamination, real or hypothetical.
34
Taking counsel of the experience with a water supply drawn
raw from the Illinois river, which received the drainage of num¬
erous cities between Peoria and Chicago, and along the Kan¬
kakee river, as also a large part of the sewage of Chicago, the
council inserted stringent provisions in the water works ordin¬
ance to guard against contamination.
A part of Section 6 reads:
‘'The City Council shall have the right to examine
from time to time the quality of the water supplied, and
the grantees agree to maintain and furnish during the
continuance of this franchise, water of as good or better
quality than that of the sample originally furnished and
accepted by the city, and said grantees agree to maintain
and keep said source of supply in the best possible state
of purity, and to take every possible precaution to pro¬
tect the same from contamination or pollution from any
source whatever. In no case is the supply of water to be
taken from the Illinois river, nor from a location that
would be subject to drainage from any cemetery. Said
location of water supply shall be north or northeast
from the northern part of the city limits.
“It is expressly understood and agreed by and
between the parties hereto that in case said grantees
shall fail to comply with the provisions of this section
requiring said grantees to supply the inhabitants of the
City of Peoria with clear and wholesome water, said
grantees shall thereby forfeit to the City of Peoria the
sum of one hundred and twenty-five dollars ($125.00)
per day for each and every day they shall fail for any
reason to supply such clear and wholesome water as
aforesaid; provided, that the City Council of the City of
Peoria shall first cause to be given to said grantees
through any officer of said company, or agent in charge
of said company’s business in the City of Peoria, fif¬
teen days’ notice that said water has been pronounced
impure and unwholesome and not up to the standard
prescribed by the said City Council. The said amount
to be recoverable of and from said company in an action
of debt by and in the name of the City of Peoria.”
On taking over the old city works, November 1, 1889, Mof¬
fett, Hodgkins & Clarke proceeded to the rehabilitation of the
distribution system, and to the construction of the new parts of
the works hereinbefore described. Construction continued
through 1890 and 1891, and was so far advanced early in the
year 1892—probably about February—that water was supplied
35
from the new central well by the new pumps. The other wells
not being included in the Moffett and Clarke contracts were not
installed by them.
On May 21, 1892, the Peoria Water Company notified the
city that they had completed all the extensions and enlargements
of the water works, and were ready for a test under the or¬
dinance.
On June 3 and 4, 1892, Professor J. B. Johnson made a test
of the works for the city, and reported that all of the require¬
ments of the ordinance relative to fire streams and water supply
had been fully complied with. And on July 25th the City Council
formally accepted them.
During the period from November 1, 1889, to the acceptance
of the works, July 25th, 1892, the old city works and the new
ones were operated in turn by Moffett, Hodgkins & Clarke.
After the latter date, and until the appointment of a receiver,
January 8, 1894, the plant was operated by the Peoria Water
Company.
The receiver continued in charge of the plant until January
14, 1898, when the property was sold to trustees for the bond¬
holders under decree of foreclosure.
On July 20, 1898, the trustees conveyed the plant to the
Peoria Water Works Company, which has operated it since
that time.
During each of the periods of ownership and control, since
the works were accepted by the city July 25, 1902, more or less
construction work has been done, and lands purchased, much of
which stands in the name of the Richwoods Water Company.
The Richwoods Water Company was incorporated in 1898,
during the reorganization following the foreclosure sale, to take
over a part of the water supply works that had previously been
built, and to develop them to a greater extent subsequently; to
acquire lands needed for the extension and protection of the
water supply, and to take over all of the distribution system
lying outside of the then city limits, except the 30-inch mains
leading to the city and to the reservoir.
This Company also acquired the rights and franchises
granted by the Villages of North Peoria, South Peoria and
Averyville, and rights in the upland addition to the City of
Peoria. It also owns the franchise for the Village of Bartonville,
and the pipe system supplying that village and adjacent territory.
THE FINANCIAL SIDE OF THE TWO COMPANIES
that own the property constituting the Peoria Water Works,
has been approached with difficulty, and with more or less un¬
certainty. But by culling from the original franchise ordinance
and the amendments thereto, from the petition for an injunction
in the case of the Peoria Water Works Company vs. the City of
36
Peoria, filed in the Circuit Court of the United States, for the
Southern District of Illinois, on the 19th day of June, 1908; from
the City Council records, and from the inventories of the property
belonging to the two companies, and by inquiries made from time
to time of persons connected with the affairs of the Peoria Water
Company, material for a financial statement, which is believed to
be substantially correct, was obtained.
A statement of the revenue and operating expenses of the
plant, from November, 1889, to 1903, inclusive, was also furn¬
ished. From 1904 to 1908 inclusive, we have the auditor’s figures-
The Peoria Water Company, incorporated June 2, 1889, with
a capital of $1,000,000, executed and delivered to the City cf
Peoria, October 25th, 1889, two non-negotiable bonds, in the
sum of $225,000 each, one maturing in 19 years and the other in
30 years. These bonds were secured by a first mortgage on the
property of the Company, and were given to secure the payment
by the Peoria Water Company of $450,000 of Peoria City bonds,
that had been issued on account of the old water works.
Upon their delivery, the City of Peoria deeded the original
water works to the Company.
The following is a list of said city bonds, with the annual
interest. See Sec. 2 of ordinance:
$ 33,000 of 6 per cent bonds, due August 1, 1889, interest. .$ 1,980
108,000 of 7 per cent bonds, due April 1, 1890, interest. . 7,560
12,000 of 7 per cent bonds, due August 1, 1890, interest.. 840
2,000 of 7 per cent bonds, due April 1, 1891, interest. . 140
$10,520
50,000 of 7 per cent bonds, due May 15, 1899, interest. .$ 3,500
50,000 of 5 per cent bonds, due May 15, 1901, interest. . 2,500
195,000 of 4 y 2 per cent bonds, due June 1, 1908, interest.. 8,775
$14,775
The Peoria Water Company executed an issue of $2,000,000,
6 per cent, 30 year bonds, bearing date November 1, 1889, pay¬
able toffhe Atlantic Trust Company of New York, secured by a
trust deed to the said Trust Company as trustee.
In this connection it should be said that as long as these city
bonds were outstanding the interest on $295,000 of them, those
maturing in 1899 and later, was always paid by the city, and the
amount thereof deducted from the hydrant rental, thereby reduc¬
ing the apparent net income of the works by that amount.
Moffett, Hodgkins & Clarke paid $155,000 of them soon
after the city works were taken over, with the interest thereon
to the time of redemption.
37
This statement is verified by the statement of revenue and
operating expenses furnished.
Moffett, Hodgkins & Clarke were to receive from the Com¬
pany in payment of the work done under their contract, $1,050,000
of the 6 per cent bonds of the Company, and $200,000 of the Com¬
pany stock.
On the acceptance of the works, July 25, 1892, the Company
had parted with, or was under obligations to part with, a suf¬
ficient amount of their bonds to pay the contract price of $1,050,-
000 in bonds, to reimburse Moffett, Hodgkins & Clarke for the
$155,000 city bonds, with interest, and to pay for certain extra
work done by Moffett, Hodgkins & Clarke.
As a result of the contract with the Peoria Water Company
Moffett, Hodgkins & Clarke, Incorporated, were thrown into the
hands of a receiver and their affairs liquidated.
The Peoria Water Company also was unable to carry the
load which had been assumed, and defaulted in the payment of
interest due May 1, 1893, or for that due earlier as well, or, at
any rate, the default was made, less than one year after the
acceptance of the works by the city.
Because of this default a receiver was applied for by the
Atlantic Trust Company, and Cornelius B. Gold was appointed
receiver by the Circuit Court of the United States, January
8, 1894.
The Trust Company set out in its bill of complaint that
there was then due the purchasers of the Company’s bonds,
$1,381,475.
That this sum properly represented the Company’s liabil¬
ities, exclusive of $295,000 city bonds, then outstanding, is shown
by the following considerations and financial statement.
In addition to the liabilities incurred under the Moffett.
Hodgkins & Clarke contract, construction work had been done
by the Company, between July 25, 1892, and January, 1894,
estimated to cost $11,228.
Interest had been paid, or had accrued, on the $1,050,000 con¬
tract bonds, from about July 1, 1890, to the time of the receiv¬
ership.
Interest had also been paid, or had accrued, on the bonds
issued to take up $155,000 of city bonds, with interest, as well as
for the extra work done by Moffett, Hodgkins & Clarke.
As an offset to these liabilities $138,912 of net earnings had
been received, between November 1, 1889, and November 1, 1893.
Neither Moffett, Hodgkins & Clarke or the Peoria Water
Company were able to realize on their thirty year, 6 per cent
second mortgage bonds, more than 90 cents on the dollar, so that
in estimating the cost of work, or the cost of funding city bonds,
38
or cash obligations of any kind, it must be done on a 90 per
cent basis.
The indebtedness of the Company, January, 1894, was made
up of the following items:
Moffett, Hodgkins & Clarke contract bonds.$1,050,000
Interest on same for 3 years and 6 months, 6 per cent. . 220,500
$155,000 city bonds funded on basis of 90 cents on the
dollar. 172,222
Interest on same for 4 years, 2 months, 6 per cent. 33,055
Construction, July 25, 1892, to January, 1894. 11,228
Extra work done by Moffett, Hodgkins & Clarke, ex¬
pense of Company, etc., to balance. 33,382
Total outlay to January, 1894.$1,520,387
Less net revenue for 4 years. 138,912
Indebtedness, January, 1894, not including $295,000
city bonds.$1,381,475
It should not be assumed that this statement would be veri¬
fied in detail by the entries on the Company’s books.
The items most liable to vary from the actual, are the con¬
struction item of $11,228, the interest item of $220,500 on the
contract bonds, as there is nothing definite as to when the in¬
terest should begin to run, and the $33,382 for extras, interest
and expenses, the amount of which was determined by the neces¬
sity of a balance. It might very well be that the construction
item and the interest on the construction bonds are too low, and
this item too high. But that $1,381,475 may be accepted as the
proper indebtedness of the Company, January, 1894, exclusive of
$295,000 of city bonds, admits of no reasonable doubt.
This sum takes no cognizance of the losses of Moffett,
Hodgkins & Clarke, which are said to have been large.
The receiver operated the plant for the years 1894 to 1897,
inclusive, and January 14, 1898, the property was sold, under a
decree of foreclosure, to trustees for the bond holders, for $1,-
500,000, subject to outstanding city bonds to the amount of
$295,000.
The question arises, does $1,500,000 cover the outlay on the
total property up to the date of sale? Evidently not, as is ob¬
vious from the following considerations:
As has been seen, it was impossible, during the early years,
for the Company to realize on their thirty year, second mortgage,
6 per cent bonds, more than 90 cents on the dollar, and much
less could the interest charges have been reduced during the
receivership.
39
The net income for the four years of the receivership was
$199,960.
The total indebtedness of the Company, January, 1894, on a
cash basis, was, as has been seen, $1,381,475.
The estimated cost of the construction work done and prop¬
erty purchased, from 1894 to 1897, inclusive, is $114,265. Hence
the following statement:
Indebtedness January, 1894, not including city bonds. .$1,381,475
Interest on $1,381,475 indebtedness for 4 years at 6
per cent. 381,554
Estimated cost of construction for 4 years. 114,265
$1,827,294
Less total net earnings for the four years after deduct¬
ing from the revenue, the interest paid by city on
$295,000 city bonds. 199,960
Total outlay and obligations, exclusive of city
bonds, to January, 1898.$1,627,334
which is $127,334 in excess of the price for which the property
sold.
The question arises, how did the Company take care of this
surplus indebtedness?
The answer may be found in the Richwoods Water Com¬
pany, which was organized simultaneously with the organization
of the Peoria Water Works Company.
The inventory of the property of the Richwoods Company
shows that it holds title to a large part of the property con¬
structed and acquired during the receivership, which is included
in the $114,265 of construction outlays.
Evidently the $200,000 bonds of this Company were used to
take up this surplus, and to acquire other property.
The capital stock of the Peoria Water Works Company is
$100,000, and the bonds of the two companies aggregate $2,-
200,000.
With the organization of these companies there was a re¬
adjustment of the bonded indebtedness of the defunct Peoria
Water Company.
The holders of the bonds then outstanding consented to a
scaling of their interest from 6 per cent to 4 per cent, the 2 per
cent difference being capitalized at 5 per cent and income cer¬
tificates issued therefor.
These certificates were subsequently exchanged for 4 per
cent debenture bonds, at the rate of 50 cents on the dollar. The
debentures amounting, it is said, to $142,900. Interest was paid
40
on these debentures for only a few years, and no dividends have
at any time been paid, it is said.
These bond transactions during the reorganization are not
fully verifiable in all of their details. Hence the amount of in¬
terest paid on account of the $2,200,000 bonds of the two com¬
panies, and the outstanding debenture bonds, since the receiver¬
ship cannot be exactly determined.
The petition filed by the Company in the rate case, June,
1908, avers that the average annual interest paid during the then
last nine years was $86,798.39.
Subsequent to the organization of the Peoria Water Works
Company it paid the whole amount of the outstanding city bonds
as follows:
May 15, 1899 .$ 50,000
May 15, 1901 . 50,000
On or before February 1, 1905. 195,000
As before stated, until these bonds were taken up, the city
paid the interest, and charged the amount against hydrant rental,
but in order to meet them the Company had to dispose of some
of its own bonds, or of the bonds of the Richwoods Water Com¬
pany, which could not be done on better terms than 90 cents on
the dollar, with an equivalent interest rate of not less than 6
per cent.
The transaction that resulted in scaling the interest to 4 per
cent, and capitalizing 2 per cent in the manner described above,
made no material difference in the Company’s liabilities, the prin¬
cipal advantage being that it reduced the first lien indebtedness
so as to lessen the danger of another receivership.
Hence the better way to determine the approximate actual
cost of the property of the two companies, to the end of the year,
1908, is to compute the interest at 6 per cent for eleven years on
$1,627,334, the cost of the works January, 1898, exclusive of city
bonds, and to fund the principal of the city bonds at the date of
payment, on a 90 per cent basis, and add the interest at 6 per cent
from the date the bonds were paid, to December 31, 1908.
Also add the cost of construction during the eleven years,
with interest at 6 per cent, which, as estimated, amounts in all to
$320,709, and reduce the sum thus found by the net earnings for
the same period.
The following is a statement of the cost of all the property of
the two companies to December 31, 1908, computed on the speci¬
fied basis:
41
Cost of plant, exclusive of city bonds, January, 1898. . .$1,627,334
Simple interest at 6 per cent for eleven years. 1,073,(HO
$50,000 city bonds paid May 15, 1899, funded at 90
per cent . 55,555
Interest on same, 6 per cent for 9.5 years. 31,666
$50,000 city bonds, paid May 15, 1901, funded at 90
per cent . 55,555
Interest on same, 6 per cent for 7.5 years. 25,000
$195,000 city bonds paid February 1, 1905, funded at
90 per cent. 216,666
Interest on same, 6 per cent for 3 years and 11 months. 50,920
Construction, 1898 to 1903 . 183,057
Interest on same, 6 per cent for 8 years.. 87,857
Construction, 1904 to 1908. 137,652
Interest on same, 6 per cent for 2 years. 16,518
Total.$3,560,820
Less net income for 11 years after paying in¬
terest on $295,000 city bonds up to the
time of their redemption,as shown above.
Net income 1898 to 1903 inclusive.$524,175
Net income 1904 to 1908 inclusive. 701,843 1,226,018
Total net outlay, or cost of property, December
31, 1908, not including depreciation.$2,334,802
The foregoing statement gives no consideration to depreci¬
ation, which should be provided for from the earnings, and which,
if applied, would reduce the net earnings by the amount of the
depreciation, and hence increase the cost of the plant by the same
amount.
In the valuation of March 24th the total depreciation was
found to be $191,445. This added to the above footing gives $2,-
526,247.
The construction items, aggregating $434,974, entering into
this sum, are liable to a variation from the actual, because the
prices used in the estimates may have been different from those
actually paid.
On the other hand, there have been carried net, and not fund¬
ed at 90 per cent, which is the equivalent of a 10 per cent discount.
By taking off $76,247, full allowance will be made for the cost
of the two water tanks with interest, which are not now a part
of the plant, and the total cost will stand $2,450,000.
This may properly be considered a conservative determina¬
tion of the investment by the “original cost and deficit” method.
This sum is not the result of compounding deficits, and does not
exceed what it would have been if determined on a 7 per cent
42
simple interest basis, without a bond discount. And 7 per cent is
believed to be only a fair rate of return on capital used in the
operation of public utilities, under such conditions. See pp. 43
to 47 of this report.
On March 24, when the valuation of $2,150,000 was reported,
many of these facts were not at hand, and none had been an¬
alyzed. No attempt having been made to compare results by the
two methods of obtaining the investment.
The outcome of this comparison properly suggests the de¬
sirability of a fuller consideration of the method used in finding
the investment of $2,150,000.
THE INVESTMENT FOR THE PEORIA WATER WORKS
In the general discussion of methods of valuation, found
on pages 10 to 29 of this report, the first method considered,
viz: the finding of the plant value as a going concern, and as
of the time of valuation, on the hypothesis of reproduction,
was held to be the proper one.
In this valuation the plant value was enhanced, in two
items, $316,020 in all, because of its acquired business, that is,
for the going value element.
The manner of estimating this element was not gone into,
nor did the report contain anything indicating its actual total
amount as determined, although it had been approximately es¬
timated as amounting to more than twice the sum given.
For the purpose of this report, a more extended and care¬
ful estimate has been made, and the total amount found to be
$856,096, based on an investment of $1,950,000, the reproduc¬
tion cost of the property, as given in the report of March 24.
But with an investment sum of $2,150,000 for the present
plant, its going value would be reduced by $200,000, the differ¬
ence between $1,950,000 and $2,150,000, making it $665,096.
On this basis there is left $665,096 less $316,020, equal to
$349,076, of the going value element, which is unused, that is,
it remains to the credit of the plant, which if taken over at the
price of $2,150,000, would have $349,076 of surplus value.
The details of the computation of this going value is given
in a table, which is accompanied by a diagram containing the
revenue and population curves, upon which the computation is
based. They are both filed Appendix III.
RETURNS.
The investment, or that sum which should be credited to
a public utility, having been determined, the question arises as
to what per cent should be allowed for returns on the invest-
43
ment, that is, for interest and profits, after operating expense,
maintenance, taxes, the depreciation and renewals, have been
provided for.
In seeking an answer to this question, we properly turn
to court decisions, and the decisions of officials clothed with
semi-judicial functions.
In Wilcox, et al., representing the Public Service Com¬
mission of New York, vs. Consolidated Gas Co., 212 'U. S., the
Supreme Court of the United States says:
“There is no rule as to any particular rate which
any corporation subject to legislative control in the
matter, has a right to obtain without legislative inter¬
ference. It depends upon circumstances and locality.
In this particular case, with reference to risk attend¬
ing the business, and the locality where it is carried
on, the complainant is entitled to a return if it is pos¬
sible, of six per cent upon the fair value of its property
actually used in its business of supplying gas.”
“The less the risk, the less the right to any un¬
usual returns upon the investment.”
The Court points out that in the valuation of the plant' the
lower court had allowed $12,000,000 for franchise value, which
was reduced to $7,781,000 by the Supreme Court, being the
amount which had been added to the capitalization of the plants
at the time of consolidation. Also that the seven constituent
companies down to the time of consolidation in 1884 had been
free from legislative regulation of rates. They had been pros¬
perous and divided very large earnings in dividends. Several
of the companies had averaged from their creation over 16 per
cent dividends. Six of them in 1884 upon a capital which had
been increased by earnings, paid 18 per cent dividends, and
upon the money in it would have been 25 per cent.
As to the question of risk in that case the Court holds that
it was reduced to a minimum, having a monopoly of the gas
business in the largest city in America.
The Urbana Ohio Water Works furnishes another case
where the rate of return was adjudicated.
In an opinion filed November 8, 1909, in the U. S. Circuit
Court for the Southern District of Ohio, deciding two cases in
equity, viz: No. 5773, C. H. Venner Co. vs. The Urbana Water
Works, and No. 5805, Robert W. Kirby, Receiver, vs. The City
of Urbana, Judge Thompson allowed on the value of the plant,
in addition to operating expenses and taxes, one per cent for
depreciation, one and eleven one-hundredths per cent for ad¬
ministration, and six per cent for interest, or interest and re¬
turns. This is in addition to operating expenses and taxes,
44
there was a total allowance of 8.11 per cent. The value of the
property which was being operated without a franchise was in
the judgment of the Court, $180,000, of which $25,000 was an
allowance for going value.
In considering the question of returns, under the heads of
“Interest and Profits,” page 129, Antigo Water Case, the Rail¬
road Commission of Wisconsin say:
“A mere physical plant, no matter how perfect or
how well it is adapted to the purpose for which it is
intended, amounts to but little unless it has or can ob¬
tain a paying business. Without business it is a dead
mass intsead of a living concern earning profits. To
have profits it must have business, or customers who
avail themselves of the services it renders at rates that
yield an adequate income.’'
After discussing the question of interest on the invest
ment, and pointing out that with public utilities generally it
may legitimately vary over a range of 4 to 7 per cent according
to the circumstances of the case, the Commissioners add:
“In addition to the operating expenses, including
depreciation and the amount actually paid as interest
on the investment, there must also be some allowance
for those who carry on the business and who assume
all the risks and responsibilities connected therewith.
This allowance is usually called profit and represents
compensation for the work of managing the business,
for the risks involved, and for certain other efforts.”
Speaking of the Antigo Water Works plant specifically the
conclusion is:
“But while the plant under investigation has to
pay rather high rates of interest, its financial condition
seems to us fairly sound, and there is every reason to
believe that it will greatly improve in the near future.
Its earnings are on a comparatively sound basis and its
securities would seem to be fairly well protected. It
appears to us, that for interest and profits, when taken
together, a surplus of about 7 per cent on the value of
the plant and its business as here given, is probably
sufficient to secure both the capital and the business
capacity required, and this amount we therefore, at
this time, regard as a reasonable return for these fac¬
tors in this particular case.”
In the case of “State Journal Printing Co., et al., vs. Madi¬
son Gas and Electric Co.,” decided March 8, 1910, the Railroad
45
I
Commission concludes, after an extended discussion of the sub¬
ject of returns, page 647:
“In view of the facts that have thus been repre¬
sented in relation to this subject, it may be said that
the witnesses for the respondent placed that part of
the return on the investment which might properly
be termed profits at rather high figures; and that un¬
der the circumstances in this case it is not unreason¬
able to limit the profits to from \y 2 to 2 per cent on a
fair valuation of the electric plant. Such rates, in
addition to an allowance of 6 per cent on each case for
interest, would seem to be fair to the present owners,
as well as sufficient to secure both the business capacity
and capital that are required in this particular case.
It would not be unreasonable to limit the returns for
both interest and profit to not less than 7y 2 to 8 per
cent on a fair valuation of the gas plant, and to not less
than 8 per cent on a fair valuation of the electric
plant.”
In view of the foregoing decisions, and in consideration, of
the circumstances and conditions under which the Peoria
Water Works Company operates, and has operated its prop¬
erty, for twenty years, there would seem to be no warrant for
concluding that less than 7 per cent on the fair investment
value of the Company’s property would be admissible to cover
the allowance for returns, under interest and profits.
In considering the weight that should be attached to the
decisions of courts touching specific rates of return, it must be
considered that the questions which they are called upon to
answer are quite different from those presented to an adminis¬
trative body such as the Wisconsin Commission, or to a legis¬
lative body, as a City Council, engaged in making a schedule
of rates.
The courts are not properly rate makers; their function
in rate cases is generally to decide the constitutional question
as to whether a specific rate fixed by some proper agency, is
or is not, confiscatory. The view which a judge takes under
such circumstances is dependent to a large extent, upon the
doctrines which he holds relative to the freedom which courts
should exercise in interfering with legislative acts.
If he is a close constructionist he will be likely to let a
much lower rate pass without interference than otherwise.
And the fact that he may refuse to interfere in a particular
case is no indication that he sustains the rate as being fair, or
even as being proper from the standpoint of the official or legis¬
lator charged with initiating it. Such a judge is likely to hold
46
that the burden of fairness must be borne by the legislator or
official, and that he, the judge, should only decide the question
whether the property is being destroyed.
Hence, if one is seeking precedents as to the proper rate
of return, the highest, and the ones which should be given the
greatest weight, are those originating with a body such as the
Wisconsin Commission, who are not only specifically charged
by the legislature to perform such functions, but who are also
charged with the investigation of all public utilities of the state,
and who reach their decisions after a full hearing of the facts
involved in particular cases, and class of cases.
The conditions are reversed when it comes to questions of
principles which should control in finding the value of the
property. It is pre-eminently the function of the courts to say
whether the present value of the property should be found, or
whether it should be the original cost.
Also as to whether if costs are considered, it should be
only as evidence, bearing on present values, or as constituting
the values themselves.
In some cases, as in the Urbana Water Works case, above
referred to, the court is called upon to stand in the position of
the maker of rates. Here the plant was in the hands of a re¬
ceiver of the court finding the rate of return, and the fairness
of the rate was in question rather than the constitutional one
of confiscation.
NEEDED IMPROVEMENTS.
Our attention has been called by the Mayor to the fact
that as the Water Works plant is now built and operated, the
city is dependent on but one main pipe for a continuity of
supply.
It is true that the reservoir when well filled, holds in re¬
serve a sufficient quantity to bridge over two or three days.
But water from the reservoir must reach the city through
the same pipe that conducts the direct supply from the pumps.
A break occurring anywhere in the 30-inch main feeder over a
distance of 9,600 feet, would shut off the water supply com¬
pletely.
We are informed that the Board of Underwriters objects
seriously to this condition of affairs.
Without doubt their objections are well founded; there
should be another main that will give two distinct feeder lines
from the pumping station to the most remote parts of the dis¬
tribution system.
It is apparent that if possible the new main should follow
an entirely new route that will command the high territory of
the city, now insufficiently supplied, while at the same time
47
feeding the down town territory, and aiding in the equalization
of pressures in all parts of the city.
The present distribution system labors under the disad¬
vantage, as relates to the property above the bluffs, that the
main feeder follows low lying streets running parallel with, and
rather near to the river, and must distribute the water from
the lower levels to the higher, over a considerable distance.
The new main should be located so that it will reverse the
process as much as possible. It should skirt the northern and
western city limits, following those streets which are unpaved
and without pipes where possible, and it should feed the 16-inch
main, that now supplies the'bluff levels, at two points.
A personal examination was made of the territory that such
a main would be likely to traverse, from some point below the
reservoir to the southwesterly city limits.
By the information thus obtained, and with the aid of a large
scale distribution map, a route has been approximately located,
and is shown on a small map filed herewith and marked Appen¬
dix IV.
Starting with the pumping works, another 30-inch main, is
proposed, following parallel with the old one and connecting
with the 30-inch branch to the reservoir at Galena road and
Harvard avenue.
The reservoir pipe is thence followed to some point below
the reservoir, say Browm avenue, from which a new 30-inch
main leads westerly and southwesterly, striking Prospect avenue
at its intersection with Hill avenue.
Thence it follows Prospect avenue and McClure avenue to
Peoria avenue.
At this point, a 20-inch branch main leads south on Peoria
avenue, to Illinois avenue, where it connects with the present 16-
inch feeder main.
At McClure and Peoria avenues, the main is reduced to 24-
inch, and continues west on McClure avenue, following Eliza¬
beth street, Nebraska avenue and Bourland avenue to Main
street, where it again connects with the present 16-inch feeder
main.
Here it reduces to 20 inches diameter and leads west on
Main street, following Institute place, Bradley avenue, Western
avenue, Millman and Bush streets, to Lincoln avenue. Thence
reduced to 16 inches in diameter, it follows Berrian, Antoinette
and Griswold streets to a connection with the Adams street
main.
While not absolutely necessary, it will be very desirable
to cross connect the present 16-inch bluff feeder with the Jeffer¬
son street main along Fayette and Hamilton streets, as shown
on the map, Appendix IV.
48
THIS SECOND FEEDER MAIN as described is made up
of the following lengths and sizes:
12,600 feet of 30-inch
15,000 feet of 24-inch
13,550 feet of 20-inch
7,600 feet of 16-inch
48,750 feet total, or 9^4 miles.
The estimated cost is $220,000.
Class A pipe above the bluff.
Class B pipe below the bluff.
ANOTHER NEEDED IMPROVEMENT is the extension
of subsidiary water mains generally into built up territory,
where there is property to protect and buildings to be supplied.
While no survey has been made to determine in detail the
amount of pipe needed to render the distribution system fully
adequate for fire protection and private service, it is believed
from the examination made, and the lengths of mains found
requisite in cities of a similar class, that 20 miles, in addition to
the feeder main, will not more than fill the reasonable require¬
ments
The cost of .such mains, approximately, will be $6,500 per
mile, including hyrants and valves, or $130,000 in all.
In this connection it should be remembered that up to July,
1910, the total mileage was only 102.6, and that with the pro¬
posed new feeder mains, and 20 miles of subsidiary mains, there
will be but 132 miles in all. Also, that for eighteen years, since
1892, only 27 miles have been laid, and the distribution system
has consequently fallen much behind the needs of the city.
AN ADDITIONAL PUMPING UNIT of 12,000,000 gal¬
lons capacity should be provided.
The cost of such a unit will depend largely on the character
of the service which it will be expected to render. If it is to be
merely an emergency pump, it will cost very much less than if
it is to take the burden of the work.
On the supposition that the present pumps are to be used
for emergencies, a new 12,000,000 unit set and housed will be
likely to cost not less than $40,000, and it may cost more, de¬
pending upon the type of machine adopted.
IF THE POLICY OF METERING ALL HOUSE SER¬
VICES is adopted, as is proposed in this report, under the head
of ‘‘Water Consumption and Meters,” there will be not less than
12,000 meters to install within three years, and not less than
2.000 new service pipes to lay.
49
The meters should not be estimated at less than $12.50
apiece in place, which will make the total cost for meters,
$150,000. The service pipes will be likely to cost $15.00 a piece,
or $30,000 in all.
A SUMMARY OF THESE NEEDED IMPROVE¬
MENTS is as follows:
9.25 miles of main trunk feeders.$220,000
20 miles of subsidiary mains. 130,000
One 12,000 gallon pump. 40,000
12,000 meters set. 150,000
2,000 service pipes. 30,000
Total .$570,000
While this estimate can only be considered approximate, it
may be assumed to substantially represent the improvements
that ought to be made to the Peoria water plant by the end of
the year 1913.
THE NECESSARY REVENUE TO CARRY THIS AD¬
DITIONAL INVESTMENT must come from the following
sources:
1. Increase in hydrant rentals because of the increased
mileage of water mains.
2. New consumers on the lines of the new mains.
3. An increased number of consumers on the lines of the
present street mains, due to the natural growth of the city, and
to the gradual connecting of houses not now using water.
4. The abolishment of the free list of water takers, and the
turning of what is now a continual loss, into an equally con¬
tinuous revenue.
5. As new meters are set, and houses now having meters
are put on a new scale of rates, the latter should be so fixed that
the meter service will carry itself. That is, one element of the
meter rate should be made to cover the extra expense of opera¬
tion incurred by their introduction, as well as the interest and
renewals on the meters.
This will reduce the investment for which general provi¬
sion must be made, to $420,000.
IT IS CONFIDENTLY BELIEVED THAT THE AG¬
GREGATE ADDITIONAL REVENUE derived from the
sources named, will be fully adequate to carry this extra invest¬
ment.
But even if some other provision, as an increase in the pub¬
lic service revenues should have to be made, the matter is of
such importance as to fully warrant an extra exertion.
50 '
The reduction, or keeping down of insurance rates, would
seem to justify, if necessary, a rate, higher than the ordinance
for hydrant rentals on new extensions.
THERE ARE IMPORTANT OFFSETS TO THIS IN¬
CREASED INVESTMENT, which should not be lost sight of.
If meters are adopted for general and compulsory application,
as is recommended under the heading “Water Consumption and
Meters,” probably the expenditure of at least $100,000, immedi¬
ately necessary for an additional water supply if meters are not
installed, will be postponed for fifteen to twenty years.
Also, even if a new feeder main is not put in, all or nearly
all of the additional 29 miles must be provided in some fashion,
in the very near future. If this is done without an adequate
feeder system, such as the one proposed, at least 28 miles of
subsidiary mains would be necessary, and they would of neces¬
sity average of larger size than the 20 miles of subsidiary mains
proposed in connection with the new feeders system. Hence
the saving would not be very great, while the loss which the
city would sustain by an inefficient and unsafe system would be
enormous.
NEW PUMPS WILL BE MUCH MORE IMPERATIVE
if the system is not metered than if it is, and to place the pumps
on the same scale of capacity and safety under each alternative,
they will have to be at least 25 per cent greater in size if meters
are not used than if they are. The non-use of meters will for
this reason tax the boiler capacity to a much greater extent
than their use.
CONSIDERING THIS QUESTION AS A WHOLE,
AND AT LARGE, it is not at all likely that the adoption of
universal metering, and carrying out the plan for an additional
and independent main, will increase the burden of the invest¬
ment that would otherwise have to be borne, more than a trifle.
If meters are not introduced and the large main not
laid, the following approximate expenses would stare the com¬
pany in the face at any rate:
28 miles of mains at $7,500.$210,000
New water supply. 100,000
15,000,000 gallons pumps. 50,000
2,000 services . 30,000
Total .$390,000
If they are introduced and the meters are made to carry
themselves, the increase investment to be provided
for would be.. 420,000
Difference of investment for which revenue must be
provided .$ 30,000
51
When a city, and the water plant that serves it, has reached
the scale of development that Peoria has, there is nothing to be
gained in makeshifts, or in drifting with no definite goal in view.
THERE IS AN IMPORTANT AND FUNDAMENTAL
PRINCIPLE that water works managers lose sight of in their
desire to postpone what they may consider a dead, or partially
dead investment in the extension of water mains into new terri¬
tory, which is, that if a territory has been built up without water
mains, the householder invariably provides cisterns, or wells
with pumps, to enable him to live. If after this has been done,
a water main is laid in front of his house, he may or may not
connect therewith. Or if he does connect, years may pass be¬
fore he does so.
If, on the other hand, the main had been there when the
house was built, and the water furnished was potable and filled
his needs, ninety-nine chances out of one hundred, he would
have provided no wells and cisterns, but would have become a
customer at first.
This principle is verified by the company’s bill asking for
an injunction in the rate case, where complaint is made of the
slowness with which householders become customers, and that
when they do, many of them want to use the water works as
a makeshift, only paying for enough water to fill their cisterns
from time to time. Had the water mains been accessible from
the first, the cisterns might never have existed.
WATER CONSUMPTION AND METERS.
The Peoria Water Co. took over the city plant October 31,
1889, and operated it until the early part of 1892, after which
the supply came entirely from the new works.
These were officially tested June 3 and 4, 1892, and accepted
July 25 following.
During 28 months, October 31, 1889, to February 21, 1892,
while the old works were in operation, the average daily supply
as shown by the pumping records, was 3,330,000 gallons.
For the year June 30, 1892, to June 30, 1893, the first year
of operating the new works, the average daily supply was
2,628,000 gallons, which for a population of 46,000 gives a con¬
sumption of 57 gallons per capita per day.
For the year June 30, 1909, to June 30, 1910, the last year
of operation, the average daily consumption was 7,435,000 gal¬
lons. With a population of 73,000 as representing Peoria and
the adjacent villages, supplied by the Peoria Water Works Com¬
pany, the consumption was 102 gallons per capita per day.
This increase of water used per capita from 57 gallons, to
102 gallons daily in eighteen years, is not indicative of increased
52
waste, or even of increased consumption, rated on the actual
users of water.
The daily average consumption for each service pipe in the
system, January 1, 1893, was 804 gallons, and for January 1,
1910, it was 718 gallons, which tends to show that relatively to
the number of actual users of water, a reduction is taking place
in consumption.
Appendix V. is a diagram giving a graphic representation
of water consumed, service pipes, and miles of street mains, with
reference to population. It shows that though after July 1,
1892, the pipe mileage has not kept pace with population, the
number of services have grown from 70 per one thousand of
population, to 142. The same law appears from an inspection
of Appendix II.
It is then a demonstrated fact, that notwithstanding the
average daily supply of water has increased in seventeen years
from 2,628,000 gallons to 7,435,000, and the daily per capita con¬
sumption from 57 to 102 gallons, there has been no actual in¬
creased wastage relatively, or increase in the use of water per
actual consumer.
This does not signify, however, that there is not a large
unnecessary wastage and use, which may be greatly reduced by
the general use of meters.
The consumption at the present time is about as follows,
as shown by the latest records:
Gallons.
Daily average for the year ending June 30, 1910. 7.435,000
Daily average for month of maximum consumption
(June, 1910) . 9,046,000
Maximum consumption for single day (June 30, 1910). 10,688,000
The maximum consumption for a single day to August
12, 1910, was for July 9.12,458,000
THE EFFECT OF A GENERAL METERING of all
water services cannot, of course, be foretold exactly, but that
it would profoundly affect the consumption and waste of water
cannot be doubted.
Meters have been introduced extensively in many cities of
comparatively large size, and the results have been beneficial
to such a degree, that the advisability of their use in the most
of water works plants is no longer seriously questioned.
It is not to be inferred, however, that the advantage derived
from their use is equal in all plants, and that there are not cases
where the time has not arrived for their general introduction.
There are, however, no cities where they should not be used
for certain classes of service.
In this connection it should be observed that there are other
causes operating in many cities to keep down the water con-
53
sumption, the results of Avhich are often erroneously attrib¬
uted to meters. The very low consumption in many European
cities and in some American cities is sometimes largely due to
a great number of consumers being supplied through a single
service pipe, and without discrimination in drawing inferences
from water works data, meters may be given the credit for ajow
rate of consumption for which they are only partially the cause.
Though meters have come into general use in water works
of a certain class, they are not supplied universally in the largest
cities, such as New York, Chicago, Philadelphia, St. Louis and
Boston.
In some intermediate sized cities, such as Cleveland and
Milwaukee, they have been generally installed.
The best evidence of their effect in these and other smaller
cities, is a comparison of water consumption before and after
they have been generally installed.
Years
MILWAUKEE. 1892. 1909.
Population.167,700 365,000
Total number of service pipes. 12,212 61,589
Total number of meters. 871 51,120
Per cent of services metered. 7.1 83.0
Number of service pipes per 1,000 of popula¬
tion . 73 169
Daily average consumption of water, thou¬
sands of gallons. 17,900 36,100
Daily average consumption of water per capita
gallons . 106 99
Daily average measured through meters per
capita gallons. 59
Daily average consumption of water per ser¬
vice gallons. 1,464 586
In seeking for the effect of meters in Milwaukee, it will be
observed that though only 7.1 per cent of the services were
metered in 1892 as against 83 per cent in 1909, there has been
but a small decrease in the water consumed per capita, while
under nominal conditions with meters there should have been
a reduction of nearly one-half.
This is accounted for by the fact that in 1892 there were'
only 73 services for 1,000 of population, and a consumption of
464 gallons of water per service, while in 1909 there were 169
services per 1,000 of population, and a consumption of only 586
gallons of water per service. This indicates that if there had
been as many services for 1,000 of population in 1892 as in 1909,
the amount of water per capita in 1892 would have been at least
twice what it was, or to express it in another way, if meters had
54
not been introduced, it is probable that the consumption of
water in 1909, instead of being but 99 per capita, would have
been in the neighborhood of 200 gallons per capita.
ears
CLEVELAND. 1901. 1908.
Population .411,200 519,000
Total number of service pipes. 55,130 74,490
Total number of meters. 3,540 69,733
Per cent of services metered. 6.4 93.6
Number of services per 1,000 of population. .. 134 143
Daily average consumption of water, thou¬
sands of gallons. 69,600 52,000
Daily average consumption of water per capita
gallons . 169 100
Daily average measured by meters, per capita
gallons . 77
Daily average consumption of water per ser¬
vice gallons. 1,263 698
As will be observed in the case of Cleveland, the effect of
meters is clearly marked. A reduction in consumption of 69
gallons per capita or nearly 41 per cent having occurred in seven
years, notwithstanding the fact that the number of services per
1,000 of population has increased but slightly.
The apparent difference between Cleveland and Milwaukee
in this regard is obviously due to the fact that the Cleveland 1
plant was 48 years old in 1901, and hence had developed its busi¬
ness nearly in proportion to the size of the city at that time,
while the Milwaukee plant was but 18 years old in 1892 and had
not developed its business in such proportion.
In the latter case the development of business in proportion
to population was in progress while meters were being intro¬
duced, while in the former this was true in only a minor degree.
Y ears
COLUMBUS, OHIO. 1900. 1907.
Population .125,560 164,700
Total number of service pipes. 14,556 24,975
Total number of meters. 4,656 19,016
Per cent of services metered. 10.2 76.5
Number of services per 1,000 population. 116 134
Daily average consumption of water, thou¬
sands of gallons . 24,400 16,300
Daily average consumption of water per capita
gallons . 194 99
Daily average measured by meters per capita
gallons .
Daily average consumption of water per ser¬
vice gallons. 1,676 652
55
Columbus shows a reduction in seven years in the per capita
consumption of 95 gallons, or over 49.0 per cent, notwithstand¬
ing the fact that there was considerable development of busi¬
ness relative to population occurring while meters were being-
introduced.
y £3,rs
MINNEAPOLIS. 1904. 1908.
Population .250,120 297,400
Total number of service pipes. 26,444 33,500
Total number of meters. 11,044 25,493
Per cent of services metered. 41.7 76.1
Number of services per 1,000 of population.. 106 113
Daily average consumption of water, thou¬
sands of gallons . 19,400 17,800
Daily average consumption of water per capita
gallons . 73 60
Daily average measured by meters per capita
gallons . 21 32
Daily average consumption of water per ser¬
vice gallons. 694 521
For an American city, Minneapolis has a small number of
service pipes per 1,000 of population in both years compared,
which partly accounts for the comparatively low water consump¬
tion per capita. Meters must be given credit for a considerable
part of it, however.
Y g^rs
ST. PAUL. 1896. 1909.
Population .151,100 209,560
Total number of service pipes . 14,792 28,062
Total number of meters. 1,546 13,628
Per cent of services metered. 10.5 48.06
Number of services per 1,000 of population. . 97 134
Daily average consumption of water, thou¬
sands of gallons. 8,600 11,700
Daily average consumption of water per capita
gallons . 57 56
Daily average measured by meters per capita
gallons . 10 19
Daily average consumption of water per ser¬
vice gallons. 583 417
The effect of meters in keeping down water consumption
in St. Paul is shown by the fact that the water used per capita
remained practically stationary for three years, during which
time the number of services per 1,000 of population was in¬
creased more than one-third, the metered service in 1909 being
less than 50 per cent.
56
Y Gcirs
LOWELL, MASS. 1898. 1909.
Population . 91,500 95,100
Total number of service pipes. 10,396 12,307
Total number of meters. 4,865 9,465
Per cent of services metered. 46.9 76.9
Number of services per 1,000 of population... 113 129
Daily average consumption of water, thou¬
sands of gallons. 6,700 5,200
Daily average consumption of water per capita
gallons . 73 55
Daily average measured by meters per capita
gallons . 20 28
Daily average consumption of water per ser¬
vice gallons. 644 426
The effect of meters is very marked in Lowell, as a material
reduction in the water consumed per capita has taken place,
while a material increase of services per 1,000 of population was
occurring.
Y ears
FALL RIVER, MASS. 1880. 1909.
Population . 48,900 106,400
Total number of service pipes. 2,685 8,216
Total number of meters. 1,583 8,197
Per cent of services metered. 59 98.5
Number of services per 1,000 of population.. 55 78
Daily average consumption of water, thou¬
sands of gallons. 1,400 5,300
Daily average consumption of water per capita
gallons . 28 50
Daily average measured by meters per capita
gallons . 24.5
Daily average consumption of water per ser¬
vice gallons. 508 642
Fall River is an example of a city that used meters in con¬
siderable numbers from the beginning. In 1874, the first year
of operation, there were 7.5 per cent of the services metered,
and in 1876, the third year of operation, there were 35 per cent
of the services metered.
In 1880 the business of the plant was in an undeveloped
state, and there were very few services to each 1,000 population,
hence the low consumption per capita.
By 1909 the number of services per 1,000 of population had
increased 42 per cent, but still remains at the extremely low
number of 78, which represents about 12.9 of population to the
service.
57
The low consumption per capita which has always obtained
in Fall River, considering that it is a large manufacturing city,
is not altogether due to meters. A considerable part of it must
be ascribed to the large number of consumers for each service
pipe.
Years
MADISON, WIS. 1890. 1908.
Population . 13,246 27,610
Total number of service pipes. 1,355 4,601
Total number of meters. 441 4,538
Per cent of services metered. 32.5 98.6
Number of services per 1,000 of population. . . 102 166
Daily average consumption of water, thou¬
sands of gallons. 520 1,700
Daily average consumption of water per capita
gallons . 38 61
Daily average measured by meters per capita
gallons . 26
Daily average consumption of water per ser¬
vice gallons. 384 368
Madison shows a low consumption of water per capita, par¬
ticularly in 1890, considering there were 102 service pipes per
1,000 of population.
And considering the character of the city, with thousands of
inhabitants attending the university that do not appear in the
census returns, the consumption per capita in 1908 shows the
effect of meters in keeping it down.
This case furnishes a marked example of the effect of an
increase of services per 1,000 of population to carry with it in¬
creased rate of consumption per capita.
Here the services per 1,000 of population grew in eighteen
years nearly 63 per cent, in spite of which and in spite of a large
percentage increase of meters relative to service pipes, the water
consumption per capita was 60 per cent greater in 1908 than in
1890.
The foregoing eight cities comprise all at present available
that permit of a comparison of the progressive effect of meters
on the consumption of water. Other data, however, confirms
and reinforces the results shown.
A comparison of Cleveland and Milwaukee with other lake
cities, as to the water used per capita, and the per cent of meters
in use, is very significant.
58
Per Cent Daily Av,
of Services Gallons
City.
Year.
Population.
Metered. Per
Cap
Cleveland .
.1908
519,000
93.6
100
Milwaukee ....
.1909
365,000
83.0
99
Chicago .
.1908
2,050,000
3.9
228
Detroit .
.1908
430,000
9.0
180
Buffalo .
.1909
467,000
4.0
323
Erie .
.1908
63,600
2.3
200
Saginaw .
.1908
50,000
4.5
177
When it is considered that Cleveland and Milwaukee are
large manufacturing cities, certainly as much so in proportion to
population as Detroit and Buffalo, it is fair to conclude that their
consumption of water would have been twice what it is, if meters
had only been used for say, 4 per cent of the services.
APPLICATION OF METERS TO PEORIA WATER
WORKS.
As has been seen, the average daily consumption of water
at Peoria was 7,435,000 gallons per day for the year ending June
30, 1910, or 102 gallons per capita per day, allowing 73,000 as
the population of the city and adjacent villages supplied with
water.
The services January 1, 1910, were.10,239
Meters in use. 371
Per cent of services metered. 3.6
Number of services per 1,000 of population. 142
Experience shows that cities of the class of Peoria, if sup¬
plied with a full quota of water mains, with its business well de¬
veloped, would have on an average probably 170 or more services
per 1,000 population, and with the present relative amount of
meters the consumption would have been greater than 102 gal¬
lons per capita.
The question is, what consumption per capita would Peoria
have had if it had been generally metered? And what is it
likely to have in the future if meters should be installed?
The Des Moines, Iowa, water plant, owned by a public ser¬
vice company, has 139 miles of street mains, and on January 1,
1910, had 13,906 service pipes and 13,008 meters, giving 93.5 per
cent of metered services. The consumption of water was 52 gal¬
lons per capita for the year 1909, with an estimated population
of 86,415. On a corrected estimate based on the 1910 census, it
was 54 gallons per capita.
59
The water is furnished to the city with about the same
pressure as at Peoria.
In the report on the New York supply made to Bird S. Coler,
Comptroller, by John R. Freeman, in March, 1900, such data
with relation to the effe'ct of the use of meters on the consump¬
tion of water as was then available, was collected and analyzed.
From this data a curve was constructed which was intended to
represent the mean consumption of water per capita wdth vary¬
ing ratios existing between the number of meters installed and
the number of service pipes. The second column in the follow¬
ing table represents the gallons per capita per day taken from
Freeman’s curve, while the third is intended to be applicable to
Peoria, after mains have been extended:
jnt of Metered
Gallons per
Estimated Gallons
per Capita per
Services.
Capita Daily.
Day, Peoria.
0
250
155
2.5
180
135
5.0
150
120
7.5
130
112
10.0
115
105
15.0
100
98
20.0
90
94
25.0
82
90
30.0
78
86
40.0
70
81
50.0
65
78
60.0
62
74
75.0
58
70
90.0
56
67
100.0
55
65
The Freeman curve can only be expected to represent the
law of variation in a general w r ay, and is very little aid in de¬
termining the water consumption in any particular case.
As has been seen, the meters in use in Peoria are 3.6 per
cent of the total number of services. This would represent a
consumption of about 160 gallons per capita by the Freeman
curve, but, as a matter of fact, the consumption is only 102 gal¬
lons per capita.
If the water service w^as developed to the amount of 170
services or more to 1,000 of population, the present consumption,
instead of being 102 gallons, might have been at least 125 gal¬
lons per capita.
Making all the comparisons possible with the foregoing data,
and particularly comparing with Des Moines, where the con¬
sumption was 54 gallons per capita in 1909, on a population cor-
60
rected for the 1910 census, it is believed that if the Peoria works
were now metered to the extent of 95 per cent of the services that
the consumption would not have exceeded 60 gallons per capita
per day, and that after the mileage of street mains is brought
up to 132 and the business well developed, that the consump¬
tion is not likely to exceed 65 gallons per capita per day under a
condition of 100 per cent of services metered.
In the third column of the foregoing table, giving the rela¬
tion between the per cent of services metered and the consump¬
tion of water per capita per day, is an estimate of this relation
for the Peoria Water Works based upon the meter data col¬
lected, which is intended to apply to Peoria after its business
shall have been developed commensurately with a distribution
system of not less that 132 miles of street mains, and with ap¬
proximately 170 services per 1,000 of population.
On the basis of the relation shown, the following table gives
the population it is possible to serve, and the year when an aver¬
age available supply of 6,500,000 gallons of water per day will
be exhausted:
Per cent of Services
Metered.
25
50
75
100
Year When
Population Which
Present Supply
Can be Served.
Will be Exhausted
72,200
1911
83,300
1917
93,000
1924
100,000
1930
The limit of the present daily supply is fixed at 6,500,000
gallons per day to guard against a year of excessive drought.
The actual average daily consumption for the year ending
June 30, 1910, was 7,435,000 gallons, and for the year ending
December 31, 1910, it is likely to be over 7,500,000 gallons. The
maximum daily consumption for the year being probably that
of July 9, when it reached 12,458,000 gallons.
A new well will be put into operation soon, which is likely
to increase the supply for such a year as the present one, in ex¬
cess of 500,000 gallons, bringing the total daily average supply
to more than 8,000,000 gallons.
In using 6,500,000 average daily supply for a year of drought
a 20 per cent reduction is made over such a year as the present
one.
For these reasons and because the water consumption is in¬
creasing rapidly at present, being 20 per cent greater per capita
for the year ending June 30, 1910, than it was one and one-half
years earlier, there seems to be no question that meters should
be applied promptly and universally in Peoria.
The special conditions affecting the water supply seem to
render this policy imperative.
61
COST OF INSTALLING AND MAINTAINING METERS.
In 1904 Edward W. Bemis, Superintendent of the Cleveland
Water Works, in a paper before the American Water Works
Association, gave the experience in Cleveland in setting and
maintaining meters as follows :
Total number ^-inch meters set to date, 13,407.
Average cost of meters and connections.$ 6.50
Average cost of setting, including vaults and basins. 6.87
Total in place.$13.37
Average cost of maintenance:
Reading and clerical work.$ 1.10
Repairs .10
Interest and depreciation, 8 per cent on $13.37. 1.07
Total maintenance ...$ 2.27
Data contained in the report of the Cleveland Water De¬
partment for 1908, shows that the average cost of setting 64,148
^-inch meters to that date, and the cost of maintaining them for
the year 1908 was as follows:
Average cost of meters and connections.. . .$ 6.49
Average cost of setting, including vaults and basins. 8 75
Total in place .$15.24
Average cost of maintenance, 1908:
Reading .$ .57
Repairs .11
Interest and depreciation, 8 per cent on $15.24. 1.22
Total maintenance .$ 1.90
No clerical work other than the mere reading of the meters
is included in the maintenance account for 1908.
Considering this data as a whole, it is fair to take the cost
of maintaining ^-inch meters in Cleveland at $2.00 per meter per
annum.
In the report on the New York water supply hereinbefore
referred to, John R. Freeman estimates the cost of furnishing
and setting meters for that city, with a force of men working
systematically, for domestic sizes ^ and ^-inch, at.$12.50
Average cost all sizes.15.00
Cost of maintenance all sizes, including interest, $2.50 per
meter per annum.
62
This estimate is not very different from the Cleveland ex¬
perience.
In Cleveland they use many large brick basins outside of the
houses, which makes the cost of setting much higher than it;
would otherwise be.
Peoria would doubtless get along with less expensive
housing for the meters, so that the cost of installation would
probably be less than in Cleveland. On the other hand, the
reading and clerical work, and the repairs, are likely to be some¬
what higher in Peoria than for Cleveland.
A safe price for Peoria is believed to be $12.50 for setting
all sized, and $2.00 per annum to cover all expense of reading,
repairs, renewals and interest.
REASONABLE RATES.
Under the head of returns, the conclusion was reached that
7 per cent per annum on the proper investment value of the plant
would be a minimum to allow for interest and profits, or more
properly, interest and compensation for use of capital and ser¬
vices in caring for the capital, and the risks incurred in the
conduct of the business.
It has also been determined that the fair value of the prop¬
erty of the Peoria Water Works Company as of January 1, 1909,
was $2,150,000.
This brings us to the concrete problem of reasonable rates,
as specifically applied to the Peoria Water Works. There are
four phases to this question;
1. As to whether the earnings of the Company as a whole
yield an excessive profit, considered with reference to the invest¬
ment and the operating charges, and as compared with the cost
incurred my municipalities which furnish their own supply.
2. As to matters of fair rate adjustment between private
consumers, and the proper proportion of the whole revenue
which should be derived from private sources, compared with
that paid by the municipality for public service.
3. As to questions of reasonableness to the consumer,
viewed abstractly, and as compared with the cost of individual
service in other cities, but without regard to the amount of the
investment and cost of operation.
4. As to reasonableness of the Peoria rate ordinance, as
affecting the income of the Company if applied literally.
The first phase of the question is best covered by a com¬
parison between the revenue of the Company and the operating
expenses plus the proper return, as follows:
63
Revenue for Year Ending December 31, 1908.
Revenue from city .$ 47,470
Revenue from private sources. 177,538 $225,008
Expenses and Fixed Charges.
Operating expenses, 1908, exclusive of taxes
and depreciation, and reduced $8,016 be¬
cause of unusual contingent expenses.$ 75,600
Depreciation being that annual sum which
placed at compound interest at 4 per cent
equals $1,950,000 in 46 years . 15,000
Taxes . 15,000
Returns, being 7 per cent for interest, ad-
Defieiency .$ 31,092
This showing is on the plant as it existed on Janu¬
ary 1, 1909. Since that time considerable money has been ex¬
pended in extensions of water mains and improvements at the
pumping station. Just how much is not known.
As appears under the head of “needed improvements,” there
should be expended $570,000, more or less, upon the water plant,
within the next three years.
There are other tests that can be profitably applied to de¬
termine whether the earnings of the company as a whole a r e
excessive, and as to whether the city is being better or worse
served with a public service corporation than other cities who
operate their own plants.
Appendix I is a tabulation of the operating and investment
data of thirty-nine water works plants owned and operated by
municipalities that are supplied by pumps, in cities that range
from approximately 25,000 population to 240,000 population.
The average population being 85,000 per city, as compared with
73,000 population served by the Peoria water works.
The following table contains the consolidated mean operat¬
ing data of these thirty-nine water works plants compared with
the Peoria water works plant.
64
Means and Means and
Averages Averages
of the Peo. of 39 Mun-
Water Wks icipal
Plant Dec. Water Wks
31, 1908 Plants
Age of plant in years . 17 33
Population . 70,120 84,995
Water pumped, millions of gallons per annum 2,171 2,924
Gallons, per capita, per day. 84 94
Head on pumps in feet. 315 212
Miles of street mains. 99.3 133 6
Number of services .. 9,040 12,760
Number of meters . 288 6,832
Total investment.2,150,000 2,435,582
Investment per mile of mains. 21,651 18,226
Investment per capita . 31 28
Private revenue, annual. 177,538 205,073
Private revenue per service. 20 16
Private revenue per capita. 2.53 2.41
Operating expenses, without taxes. 75,600 79,172
Operating expenses, per cent of revenue. 42 38
Cost to city of public service, $47,500 hydrant
rental less $15,570 taxes, equal. 31,930
Cost to cities of public service, 6 per cent on
$2,435,582 is $146,135, plus $79,172 operat¬
ing expenses, less private income $205,073,
equal . 20,234
Cost to city for public and private service. . . 209,468 225,207
Cost to city for public and private service
per capita . 2.99 2.65
In stating the cost of public service to the city of Peoria
the taxes paid by the Water Company are deducted from
hydrant rental, on the theory that this is necessary to compare
with municipal plants, upon which no taxes are paid.
To obtain the cost of public service rendered by the munic¬
ipal plants, 6 per cent has been allowed on the investment, to
cover interest, depreciation and renewals, as also any expenses
which are incurred by the cities in connection with the water
works, that does not appear in the operating expenses.
When it is considered that the Peoria water plant has lagged
behind in the amount of pipe mileage, that it pumps the water
twice, and to a total height averaging 50 per cent greater than
the plants with which it is compared, and that in comparing the
cost of the service for the thirty-nine plants only 6 per cent, in¬
cluding depreciation, interest and contingencies have been
charged, the comparison is favorable to the Peoria plant. With
municipal plants the consumer almost invariably pays for ser¬
vices, and generally meters. If these outlays in construction
65
were added it would bring the investment for the municipal
plants to over $32 per capita.
Such detail comparisons of individual plants operating-
under varying conditions of water supply, prices of fuel and
material, and having different rate schedules, may be often mis¬
leading and seldom conclusive. But they are always interesting
and instructive, and if the investigation has been given sufficient
scope and covers a sufficiently wide field, conclusions of great
value can be drawn.
They are desirable as tending to discover some standard by
which the fairness of the income of a plant can be approximately
determined in advance, and serve as a steadying and standardiz¬
ing element in matters of this kind.
THE SECOND PHASE OF THE QUESTION of fair rates
is important only as it may affect some new schedule which it
may be proposed to adopt, and in aiding in the proper adjustment
of revenue from private sources, and from the city. Speaking
generally, it is believed that the proportion paid by the city at
the present time is as nearly equitable as any that can be desig¬
nated.
As between private consumers there are two cases of dis¬
crimination which appear plainly on the face of the analysis
made by the Pratt Company.
One is the free list.
It appears that in accordance with the provisions of the
franchise, free water is furnished to a large number of public and
private institutions. In a new schedule of rates this free list
should be abolished, and the service put on a reasonably paying
basis.
Appendix VI is a list of institutions, public and private, that
pay no revenue. The Company’s estimate of the amount and
value of the water consumed per annum, at present meter rates,
is given as $14,000 a year.
On a properly adjusted scale of rates, there is little doubt
but what this free supply would amount to considerably more
than that sum. While such a free list prevails, the lowest rates
cannot be looked for by private consumers.
If one set of consumers get their water free, another set
must eventually bear the expense, or it must be done by the city
in its official capacity.
Another apparent discrimination is in the case of 198 resi¬
dences furnished through meters. By the showing of the auditor
the income from these residences that are metered, if put on the
flat fixture rate basis, would be $6,360, while as a matter of fact,
they are only paying about $2,970, the differences being the
measure of the advantage which these few resident owners de¬
rive which is not participated in by the householders generally.
66
The data is not at hand to show whether other cases of un¬
fairness between private owners exist or not.
The income of $33,642 derived from 173 metered business
establishments was not analyzed by the auditor, so that ques¬
tions of discrimination in this list cannot be raised, if they exist.
During the year 1908 the water sold through meters in the
business establishments then having meters was 425,101,845 gal¬
lons, or an average of 1,164,000 gallons per day. The total met¬
ered water for that year, including 191 residences, was 439,-
678,000 gallons, an average of 1,204,600 gallons per day.
It is not important that questions of unjust and unequal
rates should be extensively gone into, if the purpose of this in¬
vestigation bears fruit in a new schedule and new regulations.
THE THIRD PHASE OF THE QUESTION of reasonable
rates involves an inquiry into the rates and amounts paid by in¬
dividual consumers.
The audit of the rating cards made by Edward A. Pratt &
Co., show that the Company’s domestic service consists of sup¬
plying water to 8,394 residences, which are classified as follows:
748 residences paying an average of $4.00 per annum.
715 residences paying an average of $5.00 per annum.
544 residences paying an average of $6.00 per annum.
1,110 residences paying from $6.01 to $10.00 per annum.
1,947 residences paying from $10.01 to $15.00 per annum.
1,219 residences paying from $15.01 to $20.00 per annum.
1,913 residences paying over $20.00 per annum.
198 residences with meters paying an average of $15.00
per annum.
Same 198 residences at fixture rates would pay an
average of $32.00 per annum.
8,394 residences all at flat fixture rates would pay an aver¬
age of $14.69, or a total of $123,307.
The average number of rooms charged for in the 8,394 resi¬
dences is 6.42.
In a paper presented to the American Water Works Associa¬
tion, 1908 meeting, on water rates charges in 375 cities, D. R.
Gwinn gives the leading detail domestic fixture rates for 162
privately owned water works plants, and 213 publicly owner
water works plants.
The rates given cover baths, water closets, wash basins,
sprinklers, and the basic charge for a 6-room house, 5 persons,
or first faucet. Also the maximum and minimum meter rates.
Accompanying these tables is a summary of the averages for
each group. These averages omitting meter rates are given in the
following table with the corresponding Peoria rates.
67
Summary of Average Fixture Water Rates for 375 City Plants,
Compared With Peoria Rates.
162
213
Privately
Publiclv
✓
Peoria
Owned
Owned
Plant.
Plants.
Plants.
Domestic use in 6-room house, or 5
persons, or first faucet.
$ 6.00
$ 6.83
$ 6.04
Bath additional.
3.00
3.88
2.99
Water closet additional.
3.00
3.69
3.12
Wash basin additional.
1.50
1.94
1.55
Sprinkler for lot 50x140 feet, not in-
eluding street and sidewalk
front .
in
6.17
4.37
Sprinkler for lot 50-140 feet, includ-
•
ing street and sidewalk in front. .
6.00
$19.50
$22.51
$18.07
Average population (1900) .
56,100
25,437
85,382
When it is considered that the larger
the city,
everything
else being equal, the less the rate should be, and the
less it gen-
erally is, the rates for the 162 privately owned plants do not?
average out of proportion to the 213 publicly owned plants. The
average population of the latter group being more than three
times the population of the first group.
Giving consideration to the same factors, the Peoria rates
are seen to be about the same as for the municipal plants and
less than for the private plants.
The group of cities having municipal plants given in the
. paper referred to, contains nearly all the cities found in Ap¬
pendix 1. And since these cities have been used for a compar¬
ison in a broader way, it is instructive to compare them with
Peoria inv the matter of rates in the same manner as the fore¬
going 375 cities. The fixture rates for only 31 of the 39 cities
referred to are available, so the following table contains details
and averages of this number only.
A summary of averages is given at the foot of the table and
compared with Peoria on the basis of populations corresponding
to the dates in Appendix I, for the 31 cities, and with 1910 for
Peoria.
68
Table of Fixture Rates of Thirty-One Municipal Water Works
Plants compared with Peoria.
CITIES
Domestic use
6 rooms or
5 persons or
1 faucet
Bath
hot and
cold •
Water
Closet
Basin
Sprinkling
50ft.xl50ft. lot
and street
Total
Louisville, Ky.
$4.80
$4.00
$2.40
$ .80
$6.00
$18.00
Kansas City, Mo.. . .
5.05
3.90
3.70
7.50
20.15
Providence, R. I.
6.00
5.00
5.00
2.00
5.00
23.00
•
St Paul, Minn.
4.00
2.00
3.00
3.00
12.00
Columbus. Ohio.
5.00
5.00
4.00
5.00
19.00
Memohis. Tenn.
6.00
5.00
5.00
10.00
26.00
Richmond, Va.
5.00
3.50
3.00
1.50
9.60
22.60
Dayton, Ohio.
4.00
2.00
2.50
2.00
5.00
15.50
Nashville, Tenn.
9.00
4.00
5.00
2.31
20.31
Fall River, Mass.. . .
5.00
5.00
5.00
2.50
6.00
23.50
Grand Rapids, Mich.
5.00
2.00
4.00
5.00
16.00
Lowell, Mass.
6.00
3.00
4.00
1.00
3.00
17.00
Wilmington, Del.
5.00
3.00
2.00
1.00
5.00
16.00
Lynn, Mass.
5.00
3.00
3.00
1.00
4.00
16.00
New Bedford, Mass..
2.50
2.50
2.50
1.25
2.50
11.25
Lawrance, Mass.
5.00
3.00
4.00
3.75
15.75
Houston. Tex.
12.00
3.00
6.00
3.00
24.00
Manchester, N. H.. .
4.50
2.00
2.50
.75
5.00
14.75
Erie, Pa.
4.00
3.00
3.00
1.00
3.45
14.45
S Mostly
Brockton, Mass.
5.00
4.00
4.00
1.50
Harrisburg, Pa.
8.00
4.00
4.00
2.50
4.00
22.50
( metered
Ft. Wayne, Ind.
4.40
3.20
2.40
2.40
12.40
Allentown, Pa.
3.75
1.25
2.00
2.00
9.00
Saginaw, Mich.
7.00
2.00
3.00
3.00
15.00
McKeesport, Pa.
8.00
7.50
7.50
8.00
31.00
Binghampton, N._ Y.
3.00
3.00
3.00
1.00
3.00
13.00
Topeka, Kan.
6.00
5.00
3.00
7.50
21.50
Rockford, Ill.
5.00
2.00
2.50
5.00
14.50
Taunton, Mass.
5.00
3.00
5.00
2.00
5.00
20.00
Waltham, Mass.
5.00
2.00
3.00
1.00
6.00
17.00
Poughkeepsie, N. Y..
3.50
1.50
2.00
.75
5.00
12.75
Mean of 31 cities.. ..
$5.37
$3.30
$3.58
$1.48
$4.90
$18.63
93,484 Pop.
Peoria rates.
$6.00
$3.00
$3.00
$1.50
$6.00
$19.50
73,000 Pop.
It will be observed that considering differences of popula¬
tion the rates at Peoria are as low as for the 31 cities contained
in the table.
The Peoria rate ordinance provides that the minimum fix¬
ture rate for dwellings shall be $4.00. This should be con¬
sidered in connection with the foregoing comparisons with
69
other cities, which are on the basis of a six room house, which
is the minimum probably in the majority of cases.
The foregoing comparisons show that as relates to flat or
fixture rates, the private consumer has nothing to complain of,
and that these rates are reasonable viewed from any standpoint
personal to the consumer.
THE FOURTH PHASE OF THE SUBJECT relates to
the reasonableness of the water works ordinance as affecting the
income of the Company.
The Peoria ordinance provides, concerning meter rates, as
follows:
“When the daily consumption is 1,000 gallons or
less, the charge to be at the rate of 20 cents per 1,000
gallons.”
“When the daily consumption is more than 1,000
gallons, on the excess over 1,000 the charge to be at the
rate of 6 cents per thousand.”
The minimum meter rate for a single premises is $3.00.
As stated above, the 198 residences under meter, which are
among the largest in the city, are getting their water service
for about $2,970, which at the flat or fixture rate, would cost
$6,360, and it is pretty well settled that the fixture rate is none
too high.
If meters were generally applied under the present ordin¬
ance the revenue from residences would be enormously reduced.
With a minimum rate of $3.00 many of the houses now pay¬
ing from $4.00 up to probably $15.00, would be reduced to the
minimum revenue of $3.00 per annum, and the Company would
have the meters to maintain besides.
Many other houses would also sustain a large reduction, no
one can tell how much or how many, except as indicated by the
rates for the 198 houses now having meters.
If the Peoria plant had been completely on a meter basis in
1908, it is estimated that the average consumption would have
been 4,500,000 gallons per day approximately, or say 1,642,-
500,000 gallons per year.
The question is, what proportion of this water consumption
would have been measured, and sold, if the plant had been
metered 98 to 100 per cent? That is, stating it in reverse order,
what would have been the combined waste and unmeasured con¬
sumption, compared with that measured?
There are many ways for water to disappear, or to ap¬
parently disappear.
For the most part, the amount of water alleged to have
been consumed in water plants is ascertained by pump meas-
70
urement. The amount reported may be based on pump dis¬
placement, or on pump displacement less some assumed per¬
centage allow for slip.
Either method introduces an unverified factor at the be¬
ginning.
There may be, and generally is, a material quantity that
passes through the meters that is not recorded. Sometimes this
becomes a large item, amounting to several per cent.
Leaky street mains, and service pipes, particularly the latter,
are a fruitful cause of wastage.
In all cities a considerable quantity of- water is used in
flushing sewers, for watering troughs, sprinkling streets, flushing
hydrants, and mains, and other purposes, particularly in the
building trades, and for extinguishing fires.
Considering how variable these factors must necessarily be
in different cities, it is no wonder that there is a widely varying
ratio between the water metered and unmetered.
The following statement furnishes some information rela-
tive to the ratio
between the
total water
consumed
and that
which is recorded by meter for
a number of cities:
Daily con-
Per cent
Per cent
sumption of Services
of Water
Year.
Per Capita.
Metered.
Metered.
Yonkers, N. Y....
.1908
101
100.0
51.2
Brockton, Mass. .,
.1909
36
99.2
72.2
Madison, Wis.
.1909
61
98.6
42.6
Fall River, Mass..
.1909
50
98.5
49.0
Cleveland, Ohio. ..
.1908
100
93.6
77.0
Milwaukee, Wis...
.1909
99
83.0
60.0
Lowell, Mass.
.1909
55
76.9
50.9
Lowell, Mass.
.1898
73
46.9
27.4
Minneapolis, Minn
.1908
60
76.1
53.5
St. Paul, Minn. . . .
.1909
56
48.6
34.0
St. Paul, Minn. . . .
.1896
57
10.5
17.7
Detroit, Mich.
.1908
178
9.0
30.0
Buffalo, N. Y.
.1909
323
4.0
20.3
Peoria, Ill.
.1908
84
3.6
20.2
The great lack of uniformity of ratios for different cities
shows disturbing elements that make it practically impossible
to deduce any law which can be said to express the relation be¬
tween the water measured by meters, and the total water con¬
sumed, as compared with the number of services having meters
and the total number in use. Taking the five cities having over
90 per cent of the services metered, and obtaining a mean of
the ratios in each of the two columns of ratios, and it appears
71
\
that for a mean of 98 per cent of services metered, there is corres¬
ponding mean of 54.4 per cent of water measured through meters
Yonkers, N. Y.; Fall River, Mass., and Madison, Wis., are
three cities with a high ratio of services metered, but with a low
ratio of water metered.
It is fair to assume that the amount of water supplied is in
error in these cases.
The record of water consumed in Peoria is believed to be
more carefully determined than is usual. Also the consumption
per capita is small for a city with so few meters. It is noticeable
that there is over 20 per cent of the water metered, while only
3.6 per cent of the services have meters. All these facts indicate
no unusual waste for an unmetered plant.
It is believed that it is safe to assume that if the plant was
metered, two thirds of the consumption would be measured
through the meters.
That is, for every two gallons measured and sold, three gal¬
lons would have to be pumped, and that of the foregoing 1,642,-
500,000 gallons per year, only 1,095,000,000 gallons would have
been revenue producing.
The operating expenses for 1908, not including fixed charges,
but including taxes and depreciation, would be, allowing 9,000
meters at $2.00 per annum, about $123,000 per annum.' To pay
this will take approximately 12 cents per 1,000 gallons.
Less than one-half of these operating expenses would be
influenced by the amount of water pumped, so that it is safe to
say that if no additional investment should be needed, 5 cents
per 1,000 gallons would prevent an actual loss. But even 10 cents
per 1,000 gallons would contribute nothing to fixed charge, and
would not carry its full proportion of operating expenses.
An 8-cent minimum rate could only be defended in case
there was a large business which could be had for this rate, which
would be lost otherwise, and the Company had more water than
could be used by other consumers.
The 6-cent rate of the ordinance is entirely too low under
any condition.
Speaking generally, no water plant similar to the Peoria one
can operate on the meter rates as they stand in the ordinance,
hence they may be said to be not only unfair, but impossible.
72
s
PROPOSED CHANGE OF WATER RATES.
In the foregoing discussion of reasonable rates, it has be¬
come apparent that the fixture rates, or the so-called flat rates, of
the Peoria Water Works Ordinance, are not too high, and cannot
be considered unreasonable from any point of view. The con¬
clusions with regard to the effect of meters on the consumption
of water, in view of the necessity that the Company faces, of
either curtailing the waste of water, or of increasing the supply,
has lead to the farther conclusion that the policy of putting all
the Company’s business on a meter basis should be adopted, and
the shift from flat or fixture rates, to meter rates, made as rapidly
as possible.
The final adoption of this policy, with the prompt application
of meters at a rate to put the whole city on the new basis by the
end of 1913, will do away for an indefinite period with the neces¬
sity of an increase in the water supply, or of the pumping capac¬
ity, except as relates to a duplicate equipment.
Such a program also renders a revision of the fixture rates
in the ordinance unnecessary, except as may relate to certain
deficiencies or omissions which experience has shown to exist.
Nor will a general reassessment, or relisting of the consumers be
necessary, except as it accompanies the proposed change to a
meter basis.
Notwithstanding the material and permanent advantages
which will undoubtedly be derived from the general adoption of
meters, the change cannot be made without danger to the revenue
of the Company, if the rates are based wholly upon the quantity
of water measured through the meters themselves.
Nor can any scale of meter rates based wholly on quantity
give justice between different classes of consumers, or even be¬
tween individual consumers of the same class. Indeed, it must
be confessed that no schedule of rates that can be devised, will in
all cases bring exact justice. The best that can be done will be
but an approximation. The approximation may, however, be
closer, if certain principles are followed than if they are ignored.
SOME CONTROLLING PRINCIPLES IN RATE MAKING.
Many of the early and present advocates of the use of meters,
urged as one reason for their adoption that it would enable water
to be sold at a uniform price to all consumers, thus preventing,
as was alleged, any discrimination. The argument being, that to'
73
have different rates for different quantities used, was in effect to
discriminate between individuals and classes of consumers.
Water, it was contended, is a commodity, and one consumer
should not be charged more for a like quantity than another.
This reasoning lead to the adoption of what may be termed “Flat
Meter Rates,” as in the cities of Cleveland and Milwaukee, where
there is only one price per unit, for whatever purpose water is
used, or in whatever quantity served.
Notwithstanding such fallacies have controlled in the shap¬
ing of rates in some cases, the analogy instituted between the
product dealt out by a public utility, and ordinary commodities
sold in the open market, does not hold on critical examination.
The product of a public utility does not consist of a dis¬
engaged thing, or commodity. It is not gas, or water delivered
in a bushel measure that is sold, but gas or water delivered, con¬
tinuously or intermittently, at the will of the user, at a particular
spot, under pressure. When no draught is being made it is at
hand ready to be drawn on the instant. This “being always at
han$,” and “ready for use,” is the larger part of the service,
rendered by a public utility. In other words, paradoxical as it
sounds, the principal service of a public utility is being ready
to serve.
When a city contracts with a public service corporation for
fire protection, it is not for a given amount of water delivered
on order, as so much coal, but it is for a given amount to be
delivered under pressure on momentary demand, without notice.
This can only be done by an expensive plant conducting the
water to all parts of the city, and always kept under pressure.
Though it were not called into use for weeks at a time, the fixed
charges and expenses would remain practically the same.
So completely does the “service of being ready to serve”
overshadow the direct product furnished for extinguishing fires,
that if the water actually used was paid for by the gallon at
what it costs, the price would be astounding.
As a matter of fact, when conditions are analyzed, the most
valuable of service is rendered for long periods without the use of
a drop of water.
Automatic sprinkling systems installed where there are valu¬
able goods and other property to protect, may run, and do run for
years without any water escaping therefrom. But they are ren¬
dering service just the same, by furnishing protection, and by the
reduction of insurance rates. Many business establishments put
in expensive systems of their own, and maintain pumping plants
at continuous expense, for no other purpose than to secure a re¬
duction in fire insurance rates.
Then who shall say that the “Readiness to Serve” may not,
in many instances, be the most valuable service rendered?
74
The same reasoning applies in a considerable degree to all
kinds of service rendered by a public utility. There is scarcely
an exception.
If all water works plants had been built solely for fire pro¬
tection, as have a number of special systems of late years, water
would not have been sold by quantity. The service would have
been gauged in some other manner.
Water works however, were and are usually built to meet a
great variety of needs, with some of which the quantity is a large
if not a controlling element. But even with these at first, con¬
sideration of quantity did not wholly control, for the fixture rate,
made without regard to quantity, is more of a readiness to serve
charge than otherwise.
It was only with the development of a successful meter that
the element of a quantity charge was emphasized.
The first tendency of meter advocates was to get as far away
as possible from the original practice. Hence the flat meter rate
based upon enthusiasm rather than any well considered plan.
Such rates have not secured general favor, being obviously
unsuited to the most of water works plants. Only in large cities,
where the cost of supplying water is relatively small, or where
the plant has mostly been paid for by taxation or past earnings,
so that rates can be fixed as low, or lower than the usual mini¬
mum scale, are flat meter rates possible.
And even then they are only possible by making one class
of consumers pay for service rendered to another class, or by the
municipality as a whole meeting the inequality.
This statement is well illustrated by the experience in Cleve¬
land, which is the most conspicuous example of the application
of flat meter rates on a large scale.
After the process of setting meters had been in progress
from two to three years, and 25,000 meters were in use, in 1904,
Edward W. Bemis, Superintendent, presented a paper to the
American Water Works Association, containing an analysis of
the results they obtained as relates to the use of metered water.
He found after taking out 3,000 business meters and those that
had not been in use more than a year, that there were left 16,820
house meters. Of these, 5,770, or about one-third, were using
water at the average of 56 gallons per day, and 5,550, also about
one-third, were using water at the average rate of 155 gallons
per day, and 5,550 were using water at the average rate of about
660 gallons per day.
Another analysis made the following year and contained in
the New England Water Works Association for 1905, of 26,000
meters, not including business meters, showed a consumption
per meter as follows:
75
y\ of the total number, or 6,500 residences,
averaged. 62 gallons per day
]/ 2 of the total number, or 13,000 residences,
averaged. 83 gallons per day
And 34 of the total number, or 6,500 resi,
dences, averaged.104 gallons per day
With the Cleveland minimum readiness to serve rate of $2.50
per annum, and a meter rate of 5 1-3 cents per 1,000 gallons, the
following would be the yearly charges for houses using varying
quantities of water:
50 gallons per day.$ 3.47 per annum
100 gallons per day. 4.45 per annum
150 gallons per day. 5.42 per annum
200 gallons per day. 6.39 per annum
300 gallons per day. 8.34 per annum
400 gallons per day. . 10.27 per annum
500 gallons per day. 12.22 per annum
In the same paper Mr. Bemis gave the cost of setting and
maintaining 16,800 £4-inch meters in use at that time, the details
_ of which will be found on page 62 of this report.
From the 1908 report of the Cleveland Water Department,
the cost of setting and maintaining 64,149 ^4-inch meters has
been obtained, which will also be found on page 62.
These data show that $2.00 per annum covers all meter costs
in Cleveland, including interest.
Two dollars taken off of the revenue for each metered house
leaves the contribution of that house toward the operating, de¬
preciation and interest fund, on all of the plant except meters.
The minimum rate of $2.50 applies to all houses using 5/^-
inch meters, whose annual assessment rate is under $9,00, but
just what numbers would be included in this rate, out of 64,149
houses, is not known, though it must amount to many thousands.
If the water used in such houses remains the same as in
1905, then there would be many thousands of houses that would
contribute less than $2.00 a year apiece to this fund.
The works had cost to the end of 1908, $11,876,195, the bond¬
ed debt was $5,091,000, at 4 per cent interest, and the operating
expenses, interest and sinking fund amounted to $588,327 per
annum, to which, if 1 per cent depreciation is added, gives a total
annual charge of $677,089. Total income from water rents,
$953,055.
It is evident that the occupants of these thousands of houses
were not paying for their water service by a wide margin, and
that some other group of consumers, or other agency, was.
76
Instead of a uniform meter rate great varieties of schedules
have been devised and put into operation, so that it is scarcely an
exaggeration to say that no two plants in the country have the
same scale, or use the same basis for a scale. Meter rates, im¬
possible as it may seem, being much more variable, and less har¬
monious than schedules of fixture rates.
As it would take much time with no corresponding benefit,
to go into the details of meter rate schedules now in use, it will
be sufficient to say that maximum rates vary from 4 to 60 cents
per 1,000 gallons, and minimum rates from 2 to 30 cents, with all
conceivable intermediate combinations of rates, and unthinkable
annual minima.
This babel of rates, and the lack of any consistent guiding
principle in their making, has been recognized for years by water
works managers, and efforts have been made to develop some
plan that makes an approach to uniformity, and that can be made
generally applicable.
Probably the most intelligent effort in that direction was
made by the New England Water Works Association, which re¬
sulted in a report of a committee of which Freeman C. Coffin was
chairman, made in 1905, and published in the proceedings of the
Association for that year.
The report as finally submitted takes the form mainly of
certain suggestions to be observed in fixing meter rates. The
committee concluded that it was undesirable to attempt to fix a
scale of rates because it would be impracticable to devise a scale
that would meet with general adoption or adaptability. It was
thought possible, however, to arrive at some basis for a scale that
would be applicable to any particular plant, due consideration
being given to the special conditions prevailing with the plant.
The more important requirements of a method for arranging
meter rates the committee held were:
That it should insure a sufficient revenue to meet the oper¬
ative and financial demands of the plants.
That it should be flexible so that the rates may be easily
changed in case of a deficiency or surplus of income.
That the method should allow of the use of meters upon
services with a single faucet without increase over the faucet
rate, except for actual use or waste of water.
That it should secure from large houses with a full line of
fixtures, a sufficient amount to meet the proportional fixed
charges of the plant even if little water is used.
The committee suggested two methods that it was thought
would measurably meet these requirements.
One of the methods proposed, called the “Frontage Assess¬
ment” method, is based upon the frontage of the lot or premises
occupied by the buildings being served.
77
The other, called the “Multiple Minimum Rate” method, is
founded on rates giving the right to the installation of the vari¬
ous kinds of fixtures or apparatus to be used on the premises.
Each method is expected to provide a revenue, not affected
by the amount of water used, and which will cover a material
part of the necessary annual outlays, and is really in effect the
establishing of a “Readiness to Serve” charge accompanied by
a quantity meter rate.
Something akin to the “Frontage Assessment” plan was
adopted by Chicago when the water works were put into oper¬
ation. It combined frontage assessment with fixture rates, as
well as with meter rates.
The fixing of a minimum rate based upon some feature of
the plant or premises served, has been, and is used extensively
in various plants, particularly for the purpose of bridging over
the hazardous period of change from a fixture to a meter rate
basis.
When Cleveland began in 1901, the radical policy of uni¬
versal metering, at the most rapid rate ever known, minima, or
readiness to serve rates, were adopted to lessen tne risk involves.
For all premises supplied by meters larger than ^-inch a
minimum cnarge at the rate of $10.00 per annum was made.
For premises having ^-inch meters, there were four mini¬
mum charges.
When the annual charge under the old fixture rate assess¬
ments was $4.00 and under, the minimum was $2.50 per annum;
when it was $4.00 to $6.00, the minimum was $4.00 per annum;
when it was $6.00 to $10.00 it was $6.00 per annum, and when
it was over $10.00 the minimum was $8.00 per annum.
The flat meter rate additional to these minima was 40 cents
per thousand cubic feet, or 5 1-3 cents per thousand gallons to
all classes and kinds of customers. Since that time, these mini¬
ma for ^g-inch meters have been abolished, and others substi¬
tuted, except the lowest one of $2.50 per annum, which has been
made to apply to all cases where the annual assessment rate
does not exceed $9.00.
Some water works managers advocate, and some have
adopted a varying scale of minima, based on the size of meter.
It is very common for water companies to make an annual
charge for installing and maintaining meters, based often on the
size of the meter. Some municipalities do the same, as for in¬
stance, Milwaukee charges one dollar a year.
This charging for meters can serve no mwoose that cannot
be served by establishing minimum rates that will include the
meter expense, unless, indeed, it disguises the charge so that the
consumer does not realize that it is a part of the water rates.
78
But whatever basis is adopted, or reason given for minimui.i
rates where water is furnished by the quantity, they are in the
last analysis, merely a “readiness to serve” charge, and the
almost universality of their use, in one form or another, amounts
to a unanimous recognition of the necessity of some factor in
meter rate schedules that does not vary with the quantity of
water.
METER RATE SCHEDULE FOR PEORIA.
The concrete problem at Peoria is to devise a plan which
will minimize the risk of the revenue attending a radical change
from fixture rates to meter rates, and that will the most equitably
and automatically apportion this revenue among the consumers,
and be as simple as possible in its application and operation.
No plan that has been proposed or suggested, commends
itself as being entirely adapted to the conditions.
Out of a total of 9,454 residences, and small business houses,
only 198, all residences, have meters, 9,256 of them being on room
and fixture rates, which are probably as fairly scaled as is prac¬
ticable. We have a detailed analysis of the fixtures and rooms
for which charges are made in each of these 9,454 houses, with a
classified summary of the same.
In view of the information contained in the foregoing dis¬
cussion, and much that it was not practicable to introduce, there
seems no fairer way than to use “rooms and fixtures” as a basis
for a scale of “readiness to serve” minima.
In effect this would take into account that element which
the Committee of the New England Water Works Association
sought to introduce by the “Frontage Assessment” method. The
rooms of any house being the substantial equivalent of the lot
frontage, and the kinds of fixtures used, measurably representing
the character of the improvement.
The effect of using rooms and fixtures as a basis, is some-
, what analogous to combining the “Frontage Assessment”
method and the “Multiple Fixture” method. In fact, it is be¬
lieved that the number of rooms is a better factor than the front¬
age of the lot occupied by the house.
Another consideration that commends this proposed basis
for the minima, is the fact that before meters were invented,
practice had recognized fixtures as the universal factor for which
charges should be made, so that they may be said to be funda¬
mental in rate making.
As has been heretofore noted, when meters came to demand
consideration, they directed the attention of water users, and
water purveyors to the commodity idea, and temporarily at least
79
the fixture, and the idea for which it stood in water rate sched¬
ules was obscured.
The report of the Committee of the New England Water
Works Association is evidence that it is demanding considera¬
tion even in meter rate schedules.
It is not thought advisable that minimum charges should
be varied with the number of fixtures of a given kind, installed
in any house, nor that an attempt should be made to fix a minima
for every kind of fixture or apparatus which may be used. It
will be simpler and ought to bring just as good results, to include
in the minimum rate schedule, in addition to the number of
rooms, only the most important fixtures, or apparatus used in
buildings, whether residences or business houses.
That is, there would be only one minimum rate for baths,
whatever the number used, the quantity meter rate being ex¬
pected to cover the multiplication of them.
The minimum rates would be confined to the following
items:
Number of rooms, baths, water closets, wash basins, laundry
sinks or tubs, and yard or street sprinklers.
The following proposed rates are based upon 100 cubic feet
of water instead of 1,000 gallons, 100 cubic feet being the equiva¬
lent of 750 gallons.
THE PROPOSED NEW METER RATE ORDINANCE
should embody the following provisions relative to the installa¬
tion and use of meters by the Peoria Water Works Company.
On and after the passage of such ordinance the Company is
to begin the systematic and compulsory installation of meters
for all service pipes which have not already been metered,
through which a permanent and constant supply of water is fur¬
nished.
Meters to be applied first to manufacturing establishments
and business houses of all kinds, including stores, saloons, res¬
taurants, office buildings, hotels and boarding houses. To stables
and watering troughs that are kept running. To schools,
churches, hospitals and public buildings, of all kinds, where the
greatest saving of water can be effected.
This work to be followed, and accompanied by the applica¬
tion of meters to private dwellings, in any systematic manner
most conducive to economical working and reduction in water
consumption.
The operation of installing meters to be carried forward,
without unnecessary interruption, at a rate sufficiently rapid to
accomplish the complete metering of the city by December 31,
1913.
80
METER RATES TO BE PAID QUARTERLY.
Water measured through meters shall be charged for as
follows:
For the first 400 cubic feet of water used through a single
meter per day, at the rate of 15 cents per 100 cubic feet.
For all water used through a single meter, in excess of 400
cubic feet per day, at the rate of 7.5 cents per 100 cubic feet.
READINESS TO SERVE RATES shall be paid quarterly
in addition to the foregoing meter rates, for all dwellings, board¬
ing and lodging houses, hotels, club houses, hospitals, office
buildings, restaurants, stores, saloons, work shops, stables, and
manufactories, and other establishments, whose annual charge,
on the flat or fixture rate basis would not exceed $200.00 per an¬
num, as follows:
A basic room rate of 20 cents per room per quarter, shall
be paid, for all rooms in any building, served by a single meter,
but not including closets and halls; and provided that stores,
saloons, shops, and other buildings that consist of large rooms,
shall be rated as having one room to each 300 square feet of floor
space; and provided, that the quarterly room rate charge shall
never be less than 80 cents for any building supplied through a
single meter: Provided, further, that the foregoing room rate
charge shall cover the use of a single faucet and sink, but no'
other fixtures.
All such buildings supplied through a single meter, shall pay
in addition to the meter and room rate, a quarterly readiness to
serve rate for the use of fixtures of each of the following kind,
provided such fixtures are used:
For one or more baths.50 cents
water closets.50 cents
wash basins.25 cents
laundry sinks or tubs.25 cents
lawn or street sprinklers.75 cents
Provided that no readiness to serve charge shall be made for
any other kind of fixtures or apparatus, or for keeping animals
on the premises.
And provided further that the amount of water at meter
rates, charged to a single metered premises, shall not be less than
600 cubic feet per quarter.
All other buildings, establishments, or premises, to which
meters are applicable, and which are not properly classifiable
under the foregoing “Readiness to Serve” schedule, are to pay
meter rates only.
81
PROPOSED FLAT OR FIXTURE RATE PROVISIONS.
In all cases where water is used that is not measured through
a meter, the fixture rate shall be applied.
It is proposed that the schedule of rates found in the original
ordinance be re-enacted, with the following additions thereto:
Wash basins.$1.50 per annum
Each additional. 1.00 “
Laundry sinks or tubs.1.50 “
Each additional. 1.00 “
Washing machines. 4.00 “
Each additional. 2.00 “
Motor pump. 5.00 “
Heater, steam or hot water, in dwellings. 3.00 “
A rate should also be fixed for automatic sprinkling systems,
and fire hydrants furnished on private premises, but before any
attempt is made to do so, an analysis of the present charges foir
such service as is now being rendered is required, and the basis
upon which they are made should be fully understood.
This is a problem that has been considered and frequently
discussed by water works managers, but about which consider¬
able difference of opinion exists. All sides of the question
should be canvassed before any final decision is reached, as there
seems to be no unity of principles or practice in fixing such rates.
The free water provisions of the original ordinance should
be repealed.
The foregoing scale of rates are put forward with the belief
that they substantially cover the ground, and would meet the
requirements at Peoria, but there are doubtless many ways in
which they can be improved.
Notwithstanding the invaluable work of the Auditor in fur¬
nishing a basis upon which to build, there are a number of things
that should be more fully considered with the suggestions of the
officers of the Water Works Company.
It is believed that the plan and rates proposed, possess the
merit of being easily and equitably raised or lowered by a change
in the meter rate.
82
Appendix I.
Statistics of Thirty-nine Municipal Water Works Plants
Supplied by Pumps in Various Cities Having
Populations of 25,000 to 240,000,
/
83
Populations of 25,000 to 240,000.
Private
Revenue
Reported
Operating
“3
NAME OF C
Total
Per
Tap
Per
Capita
Value of
Public
Service
and
Maintenance
Expense
M w O
c « >
4)0 4)
9* *-iP4
X <0.
weu's
*Kansas City, IV
$839,182
$22
$3.49
$211,900
$331,075
39
Louisville, Ky.
708,725
21
2.99
100,920
217,612
37
*Providence, R.
717,752
27
3.34
197,969
28
*St. Paul, Minn
368,990
13
1.76
142,835
83,210
22
*Columbus, Ohic
265,148
11
1.61
150,545
57
*Atlanta, Ga.. .
292,715
17'
2.06
202,141
140,565
48
Memphis, Tenri
373,787
21
2.74
25,000
192,467
52
Richmond, Va.
210,411
12
1.92
30,808
62,468
30
Fall River, Mas
210,975
25
1.98
44,740
60,605
29
Dayton, Ohio.
140,449
6
1.32
72,969
52
Grand Rapids,
175,290
10
1.65
12,275
58,908
33
Nashville, Tenr
241,151
19
2.32
51,725
104,538
43
Lowell, Mass..
187,018
15
1.96
5,534
118,334
63
Wilmington, D
213,964
12
2.40
39,243
73,194
34
Lynn, Mass. . .
267,344
18
3.18
147,177
55
New Bedford, '
218,803
19
2.67
56,806
26
Lawrence, Mas
122,835
18
1,67
72,591
59
*Houston, Texas
211,841
31
2.89
70,392
33
Yonkers, N. Y.
204,649
27
2.93
35,850
99,863
49
Manchester, N
131,023
19
1.91
21,275
34,561
26
Erie, Pa.
154,548
109,933
10
2.43
73,141
42,511
47
Brockton, Mas
14
1.76
32,000
39
Harrisburg, Pa
189,183
12
3.23
39,166
65,545
34
Ft. Wayne, Inc
91,300
8
1.72
35,966
39
Saginaw, Mich
83,754
11
1.61
24,476
39,540
47
* Allentown, Pa.
109,120
9
2.16
57,445
44,864
41
Pawtucket, R.
242,539
23
5.19
71,800
56,974
23
McKeesport, P
63,877
10
1.38
20,836
47,272
74
Binghamton, b
123,293
13
2.68
45,193
37
Topeka, Kan..
80,911
15
1.85
30,360
37
Newton, Mass,
132,619
17
3.42
5,698
28,642
22
Rockford, Ill..
68,450
9
1.80
29,286
43
Woonsocket, P
85,717
26
2.42
25,352
18,597
22
Taunton, Mass
78,555
15
2.54
33,575
42
Hamilton, Ohi
45,147
9
1.56
27,000
32,791
73
Waltham, Mas
86,614
23
3.04
39,088
45
Aurora, Ill....
49,795
9
1.79
18,444
37
Madison, Wis.
41,122
9
1.49
26,177
64
Poughkeepsie,
59,359
14
2.28
33,891
57
Totals and m
Averages....
$7,997,848
205,073
$ 16
$2.41
$3,087,706
79,172
38
* Cities repo:
APPENDIX I.
Statistic of Thirty-Nine Municipal Water Works Plants, Supplied by Pumps in Various Cities, having Populations of 25,000 to 240,000.
NAME OF CITY
Date
of
Report
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