Warren sheaf. [volume] (Warren, Marshall County, Minn.) 1880-current, 1909-07-29

ADJOURNED at IL O'Clock until 1870
O'clock P. NJ.
p
Board reconvened at 1870; all men,
bers present. Testimony of more
witnesses heard and considered. The
board having heard and considered all
the testimony offered in the matter
of county ditch No. q. and having
read and considered the viewers re-
port and the engineers report, on file
in the Office Of the county auditor.
Wherefore: Commissioner Brand
{ strom offered the following resolution,
in writing, and moved it's. adoption
viz:
The above entitled matter came on
duly to be heard by and before the
county board of the county of Mar
shall, State of Minnesota, at a special
meeting Of said board, duly called for
the purpose of hearing and consider
ing the petition for said ditch and
hearing and considering the reports
of the engineer and viewers duly ap
pointed in the above entitled matter,
~ on the 22nd day of July, \. D. 1909,
at 10 o'clock A. NJ, of said day; and
it appearing by proper evidence that
\ due notice had been given of the PEN
dency of said petition and OF said
time of hearing thereon, and of said
hearing on said engineer and viewers
report. and that O. L. Hamery, Civil
Engineer, appointed by this board to
survey the route of said ditch, has
completed his work and duly filed
his report thereon in the office OF the
county auditor OF said county, and
that the viewers appointed by said
board to view and report upon said
work have completed their labors and
I made and filed their report in due
form of law in the office OF said coun'
ty auditor, the said board Of county
commissioners did, at the time above
specified, proceed to hear said pets.
ton and said viewers report thereon;
and said board having duly consider
ed said petition and heard all the
uarties interested for or against the
construction of said ditch and all
other matters pertaining thereto,
find as follows, to-wit:
l. That said civil engineer has
completed his work and made and
filed his report thereon in all respects
according to law. ~.
2. That the viewers appointed
herein have duly completed their
1abors and made and filed their report
thereon according to law.
8. That the estimated benefits to
he derived from the construction of
said work are greater than its total
cost, including damages awarded.
- That the damages and dement's
arising from the construction of said
ditch have been duly awarded, and
that said work will be OF public
utility and promote the public health
and that said reports OF said engineer
and viewers are complete and COR
rect
:. That notice of this hearing OF
said netition and of said viewers re-
mort and said engineers report has
been duly given, published and poste'
and mailed as by law required, ana
that proofs of said service OF said
notice have been duly made and filed
in the office of the county auditor o.
said county, and that all other pro-
oeedings in the matter have been
made and taken in accordance with
the provisions of law.
That said ditch will be OF public
benefit and utility and will promote
and be conducive to the public health
and welfare.
Now therefore, as conclusions IRON
tho foregoing findings, we, the county
hoard of the county of Marshall, Stat:
&c Minnesota, at said special session
~ said board, held at the time above
snecified. do hereby locate and estao
Itch the said ditch across the lands
and of the size and dimensions and II
all respects as shown by and accord
ing to the report and the plans ano
snecifications of said engineer made
and filed, and do hereby adopt, estap
fish and confirm the SAID report "
the viewers made and filed herein.
It is further ordered. That tne
damages awarded to the persons ane
corporations named in the viewers le
mort herein, in excess Of dement's, o.
"a 49, ,o,ntv troasury O