Polk County observer. (Monmouth, Polk County, Or.) 1888-1927, 1910-07-29
CALL SPECIAL ELECTION
CITY OFFICERS ASK VOTERS TO
DECIDE OLD QUESTION.
Text OF Ordinance Requiring Owners
Of MIL Race to Keep Property
in Repair.

D
mill race will be settled BY the voters
OF the city at special election TO Dc
held on Monday. September 10 An or
diuance authorizing such an election
vas passed BY the council July ana
was signed By Mayor Eakin six days
later. The ordinance is an exceedingly
lengthy document, and space forbidz
It's publication in full but for the in
formation Of the voters we herewith
present all of the important features
Of the measure.
The ordinance is numbered 14z and
its title is AN ordinance to propose
and submit to the legal voters Of the
city OF Dallas, Oregon an amendment
20 the charter Of said city
al q special election to be held for
nat purpose on the 18th day Of Sep
tennber, 1910, and TO provide form
of ballot to be used at said election.
Then follows this preamble;
whereas. the health, safety, comfort
convenience and welfare Of the inhao-
nauts Of the city Of Dallas, Oregon.
reouires that all bitches. canals, mill
races. and other artificial water
courses within the corporate limits Of
the city. which run through, over,
acrogg. or into any public street or
highway within said city should be
covered. enclosed, and confined by
permanent structure. where the same
run through, over, across, or into any
such public street or highway, and
Whereas, such artificial watercourses
where the same run through, over,
across, or into any public street or
highway within said city, should be
covered over, enclosed, and confined
in such manner that the said city ana
the inhabitants thereof, viii not De
retarded or interfered with in the
LAYING and construction of permanent
improvements on any such street or
public highway in said city, through
over. across, or into which any such
artificial water-course may or ooes
run. and also in such manner that the
persons owning property along any
such street or public highway, snail
not be TO a greater expense in the lay
ing and construction of permanent
improvements in front Of and abutt-
ing upon their property, than they
would be, did such artificial water
course not run in such street or pub
lie highway, and
Whereas, 1t is the duty Of the own
ers Of any such artificial watercourses
to keep the same in repair and In a
safe condition at all times at their
own expense; and 1t appears reason
able and Just, and as necessary and
proper regulation, that such owner or
owners Of such artificial watercourses
should cover the same over, and en-
close and confine the faters therein,
in a permanent manner where the
same runs through, over, across, or
into any public street or highway
within said city Of Dallas, at their
own expense, and under and by direc-
ton of the city council Of the city OF
Dallas, oregon, in order that the
health, safety. comfort convenience
and welfare Of the inhabitants OF the
city Of Dallas may be protected and
preserved, now, therefore. the City Of
Dallas does ordain as follows:
Power OF Council.
Section /. The charter Of the city
Of Dallas sis amended by
the addition of Section S2-a, which
section shall read as follows, to wit:
Section s2-a. The city council Of
the city Of Dallas, oregon, shall have
the power by Ordinance to order the
Improvement Of all bitches, canals
mill races and other artificial water
courses within the corporate limits OF
the city OF Dallas, which run through,
over, across. or into any public street
or highway within said city, at the
expense OF the owner or owners or any
such ditch, canal, mill race, or other
artificial watercourse. The said city
council may, by Ordinance. order
such water-courses covered, confined
and enclosed In a permanent, shbstan-
tial, and safe manner where the same
run through, over, across, or into any
public street OF highway within the
corporate limits Of said city. The said
city council shall have the power by
such ordinance TO specify and desig-
nate the manner and form of making
such Improvement, the kind OF ma
terial TO be used In making such i'm
provement. and the time for the com
mencement and completion thereof.
Sub-Dlv. /. No improvement OF any
ditch, canal. mill race, or artificial
water-course can be undertaken or
made without notice being first given
by publication In a newspaper publish
cd in the city. for two successive
weekly issues. or by personal notice
served by the city marshal on the
owner or owners of any such ditch.
canal. mill race. or artificial water
course to be improved. which notice
must be given by the Auditor and Po-
lice Judge. by order Of the Council
and must specify with convenient GER
tainty the ditch. canal. mill race. or
other artificial watercourse. or part
thereof. to be improved; In general
terms, the kind OF improvement pro-
posed to be made: that the cost there
OF must be paid by and shall be assess
ed 20 the owner OF owners OF any such
ditch, canal. mill race. or artificial
wntercoursc. or part thereof. TO b.
improved: and the time when tn,
co incIl will hear and determine OBJ
iections and circumstances thereto
II any there be. II said notice be Civ
en- BY personal service the same shall
be served az least i've days before the
time set IN said notice for the meeting
. Of the council TO hear and determin'
said objections and remonstraneea.
sub-div. 2. The council, at the time
specified In said notice. or at suci
other time as they may adjourn IN,
meeting 20. shall hear and determin'
an objections and remonstrance.