Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1911-01-17
Protests Against Rebuilding Water
System on Proposed Improve
ment District Plan.
NOTICE IS Defective
New Resolution Is Drawn and Pro-
tests Will Again Be Heard To-
morrow Evening.

At the meeting of the city council
held last Wednesday night for the
purpose of hearing objections to the
creation of waterworks improve
ment district, strong opposition to
the scheme developed. The objec-
tions were based on various grounds
and it was shown that the notice was
faulty and not in accordance with the
statutes. This objection, while SER
ious insofar as annulling the proceed
ings up to that time, was by no
means the main objection to the plan
offered by the council.
There was long petition signed
by many taxpayers objecting to the
plan on the ground that it is unjust
and unequal in the manner Of taxing
the property as contemplated by the
resolution. Besides the petition,
many taxpayers appeared in person
to oppose the passage of the resolu-
ton. Roy E. Ayers, R. Won Tobel, +.
| w. Mettler and others stated their
objections But the most effective
objections, which also included the
one of technical nature referred to,
were set forth by Attorney E. G..
Russell. Mr. Russell served as city at
torney Of Helena for two years, and
the fact that that city has been
wrestling with the waterworks prob
lem for the past sixteen years, makes
his views on the subject rather au-
lucrative, as he had occasion to look
up every phase of waterworks laws
while serving the city of Helena.
For that reason, we quote his re-
marks in stating his objections to the
improvement district plan.
Mr.. Russell spoke in part as fol-
lows:
"While I think that there are legal
objections that are sufficient to bar
further proceedings, there are some
arguments on the merits OF the
proposition which | would like to
present.
THE usual method OF constructing
a permanent waterworks system is to
bond the entire town The advan-
tages are, that by issuing bonds that
have a long period in which to run,
the city can get lower rate of in
terest. No part OF the bonds are re-
decmable until after lapse OF num-
/ Der of years, and in the meantime
the burden upon the taxpayers is con-
fined to the payment Of the interest
and a certain percentage for a sink
ing fund This percentage, of course,
would be far less in amount than the
one-tenth Of the improvement dis
trict warrants which would have to
be retired each year, while the rate
OF interest would be lower
It is generally considered only fair
that in permanent improvement OF
this character, the future residents OF
the city, even generation hence
should pay their proportion, as they
will have the benefit OF the improve
ment. It is not uncommon that il
the city is unable to meet the first
issue OF the bonds at the appointed
time, that part of them should be
funded, allowing the residents OF the
city at a still later date to take care
Of the principal.
''Thc point has been raised by a
member OF the council, that it would
be serious inroad upon the city
income, from the general levy to pay
the interest on such an issue of the
bonds 1t is not intended that inter
est will be paid from the general levy.
The statutes provide especially that
a special tax shall be levied to pay
the interest on such bonds and to
provide a sinking fund Such a tax
like all special taxes, such as the
/ library tax, are outside OF the gen
eral levy, and thus the general levy
is left intact for general municipal
and administrative purposes.
There has been some discussion
as to the merits of assessing upon
the area plan instead of upon val
uation plan. The council has no
choice under the special improvement
district laws There is no statute
permitting assessment according to
valuation There are only two meth
DDS of assessment that have been
found practicable. The area plan and
the front foot plan Our legislature
has adopted the area plan for GER
tain improvement districts, and the
front foot plan for sewers and
sprinkling districts The only way in
which the cast can be borne i'll pro-
portion to valuation is by the bond
ing system II the special improve
ment district plan is adopted, the
area system of assessment must be
used with its evident injustice in cer-
/ tain cases.
"The act under which the council is
attempting. under this Resolution No.
| 100 TO act was passed to meet a