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<br /> firmed the sale by voting to dedicate the property as a park forever, and
<br /> the third on January 31, 1936, less than seven months ago, when by a de-
<br />"c;l cisive vote they confirmed previous actions, and voted that the city should I
<br />,C; retain liability for the full purchase price of the Butte property.
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<br /> We understand that the City Attorney, prior to the 1914 election,
<br /> advised the Council that they had no authority or legal right to transfer,
<br /> without a vote of the people, city property or obligations from one depart-
<br /> ment to another. This made necessary the Charter amendment of 1914 which
<br /> fixed the value of ~3kinner Butte at $93,340.45.
<br /> In view of all these definite approvals and decisions, and Charter
<br /> amendments, we do not see how the Council and Board can do anything about
<br /> this claim, or that they should. If a question can ever be settled legally,
<br /> definitely, and positively, the bkinner Butte valuation question has been
<br /> so settled. The ~ater Board believes that it is entirely without power to
<br /> do anything about it.
<br /> To summarize: .
<br /> 1. The claim has no definite basis in either fact or figure.
<br /> 2. It is not a legal claim because the Eoard neither has
<br /> received nor would receive any consideration of value,
<br /> for, as has been shown, the ~ater Board assumed more
<br /> debt on March 11, 1911, than the value of the properties
<br /> then received.
<br /> 3. It has been decided three times by the voters.
<br /> 4. The Board has no legal right to make this payment.
<br /> Claim for $57.970.98 and Interest.
<br /> Let us turn now to the second part of the claim, that for $57,970.78
<br /> and interest. This claim arises out of the pur~hase of the water property
<br /> and the incidental construction of the auxiliary power plant and distributing I
<br /> system'by the City Gouncil, prior to its beirg taken over by the Eugene ~ater
<br /> Board. The original records in this matter appear to be a report made by
<br /> the City Council to the Eugene ~ater Board in April, 1911.
<br /> The Water Board itself, immediately, upon taking charge, asked the
<br />I Council for an invoice of all tools, materials, pipe lines, and property
<br /> under control of the Board, and the Council, under date of April 24, 1911,
<br /> by resolution, gave the ~ater Board the information it desired. The re-
<br /> solution from the Council gives, from the Records, lias examined by the
<br /> Committee of. AuditorsTl, the cost of both the water plant in Eugene, and
<br /> its auxiliary po~er plant at Walterville, and lists the outstanding obli-
<br /> gations, all as being,
<br /> TIThe most accurate information obtainable at this time, and being
<br /> for practical purposes a correct statement, as near as can at
<br /> this time be determined by the Councilll.
<br /> The Water Board has in its possession a certified copy of this report. .
<br /> The Council's Report to tne water Board - April 24, 1911:
<br /> I This report should settle all questions as to actual cost'~ and debt
<br /> of the water and power plants, as of March 11, 1911.
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<br /> The total cost of the Water Plant as
<br /> at March 11, 1911 $162, 'l90 ..41
<br /> The cost of the filtration plant up
<br /> to lvfarch 11, 1911 27,790..33
<br /> ,The cost of the power plant as of
<br /> March 11, 1911 (Including $20,755..03
<br /> of bond interest during construction I
<br /> of the Walterville plant, a charge
<br /> which the ~ater Board does not approve
<br /> in full) 217,970.98
<br /> Total $408,551.72
<br /> Debt OblIgations assumed by the
<br /> Water Board 360 ,oon nn ,
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