50

Attach to Orricks Report of
5/7/06
Hawley

To the Honorable Mayor and City Council of the City of Fort Worth.

Gentlemen:

In reference to the matter of the dam involved in the suit of
William Lehay against the city, I feel it my duty to report to you (this
report being made with the consent of the finance committee) that I am
not of the opinion that the hole cut through the dam so involved will com-
ply with the judgment of the court, unless the hole so cut is a practical
destruction of the dam.

This being so, and it being my firm opinion that the condemnation
proceedings will result in a much lower assessment of damage than that
reported by the committee appointed by the city council, I feel it my
duty in the interest of the city to make this report requesting that the
dam be not at present cut or destroyed and that the matter be left to
those officers of the city government having most knowledge upon the sub-
ject, together with such committee as your honorable body may suggest,
or that instructions be given by the city council for immediate condemna-
tion of the property.

I would state in this connection that if the condemnation committee
places the valuation of the property at such a figure that the city is
disinclined to pay the same, that the city can then abandon the dam and
destroy it and the cost to the city of the condemnation cannot be a much
greater sum than $25.00.

Feeling as I do upon the subject, I do not believe that the emer-
gency water supply of the city should be destroyed until every remedy
given the city by law has been exhausted and until it was found that
after said remedies had been exhausted that the cost was so great that the
city was warranted in destroying the same. Of course, as to the necessity
of the maintenance of this dam I am not advised, and in writing this
opinion act largely upon my own individual views with reference thereto.

Respectfully submitted,
E. C. Orrick