Polk County observer. (Monmouth, Polk County, Or.) 1888-1927, 1903-05-08

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in excess of this amount, as it was
then believed by the Council thai
little or no difficulty would be ex-
perienced in obtaining the necessary
rights-of-way and water rights from
persons owning land along the
proposed conduit line from the city
to Canyon Creek. The Council
proceeded on the theory that the
expense of securing these rights
would be nominal, and that they
had the right to pay the same out
of the general fund Of the city,
This position proved to be erroneous,
as it was afterwards found that all
moneys used in any way in the
construction Of a water plant must
be raised by issuing bonds of the
city. Upon consulting legal ad-
visers, it was also found that the
law of Oregon provides that where
it is necessary to condemn land, or
water, or water rights for municipal
purposes, no action for such con-
demnation can be brought therefor
by the city until authority therefor
is obtained from the taxpayers by
a special election called for that
purpose. AS the Council had
already encountered opposition in
the work of securing rights of-way
from certain land owners, and no
agreement could be reached as to
the value of the land sought to be
appropriated, but one course re-
mained open to the city, and that
was to bring actions against these
parties for The desired rights.
The city was unable to bring
these actions in the December
term of Circuit Court, for the reason
that the time was too short to allow
the required notice of election TO be
given. Then came the Winter
season, and all work on the project
was abandoned until early in
March of the present year. The
Council then took the matter in
hand again, and ordered another
bond election-this time asking for
$4,000 to be paid to Mr.. Gates for
the water plant, and an additional
$4,000, or so much thereof as might
be necessary, for the purpose Of
purchasing and acquiring the need
ed rights-of-way and water rights.
At the same time a special tax
payers election was called, asking
authority to begin condemnation
proceedings where peacefulsettle-
ment could not be reached. These
elections were held on the day OF
regular annual city election, and
resulted in the bonds being voted
and the Council being authorized
to begin condemnatory proceedings.
The work Of securing the right-of
way for the pipe line was then
taken up again and carried on
earnestly and vigorously. Rights
of-way have been secured from the
following-named property owners
at nominal cost to the city:
w. H. Kraber, Robert Howe, David
Oliver Dennis, Castle &
Shaw. The only persons with
whom the Council has been unable
to reach a satisfactory settlement
are Reuben P. Boise and Mrs. M. E.
and against these persons
actions have been filed in the Circuit
Court and will be tried at the COM
ing May term. If a favorable YER
dict is reached in these cases, the
city will have fulfilled its part of
the contract in so far as the right
of-way is concerned, and the con-
tractor will be enabled to begin at
once the construction of the plant.
The city has exercised the greatest
precaution in every step taken in
the matter of securing water works,
in order that the same may be in
strict accordance with the provisions
Of the charter and the laws of the
state regulating such improvements,
and skilled counsel has been en-