The Delta independent., 1923-09-07
THE PROPOSED
CHARTER AMENDMENTS

THE PROPOSED
CHARTER AMENDMENTS
The standpoint Of this article is
not a controversial one. but explana-
tory of the purposes Of the suit
brought by certain taxpapers Of the
City OF Delta against the City Of
Delta concerning the proposed Pub
lie Improvement District. Those who
sought an injunction restraining the
city from proceeding with the grad
ing and gravelhng OF the streets were
actuated by three purposes:
/. A large number Of owners Of
corner lots deemed it unjust that the
corner lots should bear the entire ex-
pense Of the cross street.
2. Many persons deemed It mop
perfume for the city to compel the
payment of assessments at time
when the stress of the farmer was SO
severe. believing that the develop
ment OF our city was entirely bound
up with the welfare Of the farmer.
3. Others deemed It unwise for
the city to use practically all Of its
possible credit under constitutional
limitations. by issuing bonds guar
anteed by the City, and further felt
that the improvement OF the suburb
an lots would result in u loss to the
city that would have 70 BE met e.
general taxation
For these three economic reasons
the suit was brought. The legal con-
tentions are immaterial for the pur-
pose Of this explanation, for such
legal issues as were raised, were for
the sole purpose Of establishing these
economic contentiope.
The Supreme Court sustained the
position OF the plaintiffs, and It there
to begin anew. Some portions OF the
opinion of the Supreme Court rend-
cred 1t advisable to somewhat
change two of the sections of the
city charter. The City Council asked
that representatives of both sides Of
the controversy meet and get to
gether upon a new plan.
The contentious OF the plaintiffs in
the suit against the city were recog-
nized. 1t is agreed that two-thirds Of
the burden should be lifted from the
corner lot owners and apportioned
equally among the various lots in the
block This seemingly is satisfact-
ory to nearly all OF the corner lot
owners. The lapse Of time and the
improvement of agricultural products
has largely eliminated the question OF
financial afr In tho
property owners. The third objection
has been met by proposing to issue
bonds without the guarantee OF the
city. These bonds. under the pro-
posed amendment can be issued with
out vote of the people but these
bonds are nothing more than a long
time form Of warrant payable solely
from the assessments Of the property
improved. Suppose A. B. and C. are
the sole owners OF the property in
proposed public Improvement district.
A. and B. pay but c. does not The
sole remedy of the bond holders
would be to buy in the property Of C
at tax sale. Under the proposed
amendment the city has no liability
and hence the general tax payer can
not be injured. A and B paid the
assessments, and in no way could
their exact proportion OF the cost be
increased. The bond holders have no
remedy. save to bid in C's property
at tax sale.
Many of us who were plaintiffs in
the case against the city stated that
we had no objection to the pubic Inn
provement but did object to the pro-
posed method and to action being talc
en- at what seemed an inopportune
time. We certainly were sincere in
these statements. Seemingly the city
is entirely ready to get together with
us on proposition that will enable
new proceedings to be initiated by
petitions, and when a clear majority
Of the property owners have in writ
ing requested the creation OF a new
district, ordinances will be passed and
notices given carrying out entirely
new proceedings for the creation OF
new improvement district. Those who
were plaintiffs in an action against
the city will get all the benefits
which they contended for in this new
proceeding.
Some question has been raised In
regard to the power OF the city con-
cerning contracts for a proposed pub
lie improvement. The amendment in
question does away with the restrict
ion that such a contract must be
carried out during the life of the
Council which made 1t. II ia diff.