St. Helens mist. (St. Helens, Or.) 1913-1933, April 04, 1913, Image 2

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    Notice to Yoters of St Helens
Notice la hereby given that at the
regular city election to be held on the
.th day of April. 1913, the following
proposed charter amendment will be
au-bmitted to the voter of the City
of St Hereus for their approval or
rejection, which aaid vroposed charter
amendment la contained In a resolu
tlon duly passed by the Council on
the 17th day of March. 1913. which
proposed reaolution la in words and
figure as follows, to-wit:
Resolution.
BE IT RESOLVED by the Com
mon Council of the City of St. Helens,
In Columbia County, State of Oregon,
that there be and hereby la submitted
to the legal votera of the City of St.
Helena at the regular munlctiuil elec
tion to be held In aaid City on ihe 7th
day of April, 1913, for their adoption
or rejection, an amendment to the
Charter of the City of St. Helens, be
ing an amendment of Section S, of
Chapter IX of the aaid Charter relat
ing to the WATER COMMISSION, and
each voter who votes upon said pro
posed amendment shall vote "YES'
provement warrant or bonds of the make plana and specifications for a
City of St. Helens, or other warrants suitable Improvetm nt and estimates of
or bonds of said City, at par. Should,
however.- the income from the water
rates not be sufficient to pay the inter
est on the said bonds and provide for
a sinking fund the Commissioner
shall certify that fact to the Common
Council, and shall also certify to the
said interest and to provide for said
sinking fund the said Council shall
levy and collect a tax or cause to be
levied and collected a tax on all the
taxable property within the city as
assessed by the assessor, sufficient to
raise money for such purposes.
All money arising from such tax
shall be credited to and become a part
of the water fund. Taxes levied tin
der and for the purpose of carrying
out the provisions of this act shall be
levied and collected the same as other
taxes are levied and collected, but
not oftener than once In each year.
and the amount so collected shall not
exceed one per cent of all the property
assessed within the corporate limits of
said city.
RESOLVED, further. That the City
Recorder be and he Is hereby in
structed and required to publish this
resolution, together with the ballot
title provided by the City Attorney, at
NO" in answer to the following i 0ase once in the official newspaper of
question: "Shall Section 8 of Chapter
I A. or the Charter of the City of St.
Helena be amended?" which amend
ment reads as follows, to-wit :
CHARTER AMENDMENT Si r
MITT ED TO THE VOTERS
BY THE COl'XCIL
AN ACT
To amend Section 8 of Chapter IX of
the Charter of the City of St. Hel
ens, in Columbia County, and State
of Oregon, entitled "An Act Entitled
An Act to Incorporate the City of
St. Helens. In Columbia County,' and
State of Oregon," filed In the "office
of the Secretary of State, February
25, 1SS9, as amended.
BE IT ENACTED BY THE PEOPLE
OP THE CITY OF ST. HELENS.
AND THE CITY OF ST. HELENS.
DOES ORDAIN AS FOLLOWS:
the City of St. Helens, within ten days
Immediately preceding said election.
Passed by the Common Council this
17th day of March. 1913.
Yeas W. U. Muckle, J. H. Cronkite
and Jolm Philip.
Nays None.
Not Voting S. C. Morton.
Submitted to the Mayor on the 17th
day of .March, 1913.
Approved by the Mayor on the 17th
day of March. 1913.
MARTIN WHITE. Mavor.
JOHN Q. G.U.E. Recorder.
The Ballot title and number of said
projosed measure will be as follows,
to-wit:
An Act to amend Section 13 of Chap
ter IX of the Charter of the City of
St. Helens, in Columbia County, and
State of Oregon, entitled "An Act
That Section 8 of Chapter IX of the Vu " l, I ,J" Z 1 Yl
hrt, r ., -i. i. ui.. !(i'y of St. Helens, in Columbia
County, and State of Oregon," filed In
the office of the Secretary of State.
Charter of the City of St. Helens, in
Columbia County, and State of Ore
gon, entitled "An Act entitled An Act
to Incorporate the City of St. Helens,
in Columbia County, and State of Ore
gon, filed in the office of the Secre
tary of State, February 25, 1S9. as
February ISsy, as thereafter
amended, relating to the Water Commission.
Shall Section 13 of Chapter IX of
i .' . as ,v - l - - , , i
amended, be and the same is hereby j -n, . lm ' 1'
amended to read as follows, to-wit:
the work to be done, and the probable
cost thereof, and the City Engineer
will tile such plans and sKci!ications
and estimates with the City Recorder
If the Council shall Ilnd the same to
be satisfactory It shall ainrove and
adopt the same, and shall determine
the boundaries of the districts bene
fited by said improvement and to be
assessed therefor, and the action of
the Council in the creation of such
assessment district shall be final and
conclusive. The Council shall, by
resolution, declare ita purpose of mak
ing said Improvement, describing the
same, aud defining the boundaries of
the assessment nlstrict to be bene
fited and assessed therefor. The ac
tion of the Council In approving and
adopting the plans, specifications and
estimates of the City Engineer, deter
mining the district benefited and to
be assessed therefor, declaring ita In
tention to Improve the street or
streets, and directing publication of
notice thereof, may all be done in one
and the same resolution.
RESORPTION" TO RE PinilSHED
AND KEPT OF RECORD.
Section 8. Said Water Commission
Rball at all times have a President,
who shall be selected from their own
number, and the City Recorder shall
be ex-offtelo the Secretary of said
be amended
1''2 Yes.
103 No.
NOTICE TO VOTERS OF ST
HELENS.
Notice is hereby given that at the
Commission, and In the absence of remilar City election to be held on the
one or both of said officers the vacancy 7th day of April, 1913, the following
may be temporarily filled oy the mem-1 proposed charter amendment will be
hers of the Board then present. Said submitted to the voters of the City of
Board shall adopt a seal: and a ma-jSt. Helens for their approval or rejeo
jority of the members of said Board I Hon. w hich said proposed charter
shall constitute a quorum for the
transaction of business.
RESOLVED, further. That the City
Recorder be and he Is hereby in
structed and required to publish this
resolution, together with the ballot
title provided by the City Attorney, at
least once in the official newspaper of
the City of St. Helens, within ten days
Immediately preceding said election.
amendment Is contained in a resolu
tion duly passed by the Council on the
17th day of March, 1913, which pro
posed resolution is In words and fig
ures as follows, to-wit:
RESOLUTION.
BE IT RESOLVED by the Common
Council of the City of St. Helens, In
Columbia County, State of Oregon.
Passed by the Common Council this ' that ,Dore be and hereby is submitted
17th day of March, 1913.
Yeas W. O. Muckle, J. H. Cronkite
and John Philip.
Nays None.
Not Voting S. C. Morton.
Submitted to the Mayor on the 17th
day of March. 1913.
Approved by the Mayor on the 17th
day of Maron. 1913.
MARTIN WHITE, Mavor.
JOHN Q. GAGE, Recorder.
The Ballot title and number of said
proposed measure will be as follows,
to-wit:
An Act to amend Section 8 of Chap
ter IX of the Charter of the City of
fet. Helens, in Columbia County and
State of Oregon, entitled "An Act en
titled An Act to Incorporate the City
of St. Helens, In Columbia County, and
State of Oregon," filed In the office of
the Secretary of State, February 25.
18S9. as thereafter amended, relating
to the Water Commission.
Shall Section 8 of Chapter IX of the
Charter of the City of St. Helens be
amended?
100 Yes.
101 No.
NOTICE TO VOTERS OF ST.
HELENS.
Notice Is hereby given that at the
regular city election to be held on the
7th day of April, 1913. the following
proposed charter amendment will be
submitted to the voters of the City of
St. Helens for their approval or re
jection, which said proposed charter
amendment is contained In a resolu
tion duly passed by the Council on the
17th day of March, 1913, which reso
lution is in words and figures as fol
lows, to-wit:
RESOLUTION.
to the legal voters of the City of St.
Helens at the regular municipal elec
tion to be held in said City on the
7th day of April, 1913, for their adop
tion or rejection, an amendment to the
Charter of the City of St. Helens, be
ing an amendment to Chapter X of the
Baid Charter relating to streets and
alleys, their grade and Improvement.
and each voter who votes upon said
proposed amendment shall vote "YES"
or "NO" In answer to the following
question: "Shall Chapter X of the
Charter of the City of St. Helens be
amended?" which amendment reads
as follows, to-wit:
CHARTER AMENDMENT SUB
MITTED TO THE VOTERS
BY THE COUNCIL
AN ACT
To amend Chapter X of the Charter of
the City of St. Helens, in Columbia
County, and State of Oregon, en
titled "An Act entitled an Act to
Incorporate the City of St. Helens.
In Columbia County, and State of
Oregon," filed in the office of the
Secretary of State, February 23,
1889, as amended.
BE IT ENACTED BY THE PEOPLE
OF THE CITY OF ST. HELENS.
AND THE CITY OF ST. HELENS
DOES ORDAIN AS FOLLOWS:
That Chapter X of the Charter of the
City of St. Helens, in Columbia
County, and State of Oregon, entitled
"An Act entitled An Act to Incorpo
rate the City of St. Helens, in Colum
bia County, and State of Oregon," filed
in the office of the Secretary of state.
February 25. 18S9. as amended, be and
the same Is flereby amended to read as
follows, to-wit:
BE IT RESOLVED by the Common
Council of the City of St. Helens, In
Columbia County, State of Oregon,
that there be and hereby la submitted
to the legal voters of the City of St.
Helens at the regular municipal elec
tion to be held In said City on the 7th
day of April, 1913, for their adoption
or rejection, an amendment to the
Charter of the City of St. Helens, be
ing an amendment of Section 13, of
Chapter IX of the aaid Charter relat
ing to the Water Commission, and each
voter who votes upon said proposed
amendment shall vote "YES" or "NO"
in answer to the following question:
"Shall Section 13 of Chapter IX of
the Charter of the City of St Helens
be Amended?" which amendment reads
as follows, to-wit:
CHARTER AMENDMENT SUB
MITTED TO THE VOTERS
BY THE COTTNCIL
AN ACT
To amend Section 13 of Chapter IX of
the Charter of the City of St. Hel
ens, in Columbia County, and State
of Oregon, entitled "An Act entitled
An Act to Incorporate the City of
fit. Helens, In Columbia County, and
State of Oregon," filed in the office
of the Secretary of State, February
25, 1889, as amended.
BE IT ENACTED BY THE PEOPLE
OF THE CITY OF ST. HELEN'S,
AND THE CITY OF ST. HELENS
DOES ORDAIN AS FOLLOWS:
That Section 13 of Chapter IX of the
Charter of the City of St. Helens, in
Columbia County, and State of Oregon,
entitled "An Act entitled An Act to
Incorporate the City of St. Helens, in
Columbia County, and State of Ore
gon," filed In the office of the Secre
tary of State, February 25, 1889, as
amended, be and the same hereby is
amended to read as follows, to-wit:
nection 13. The Commissioners
shall apply all income from the said
system of wafer works first to paying
the operating expenses mtaniinm n,i
betterments ot the said system:
ftfitrf J - ra' wwa for a linking
una far nmwlnmw . . - . ,
"" end .fc-?-.. " ,a WKT"T
CHAPTER X.
STREETS AND ALLEYS, THEIR
GRADE AND IMPROVEMENT,
DEFINITION OF TERMS.
jwuon i. me term "Street" as
used in this chapter, shall be con
sirueu to mean any street, avenue
boulevard, alley or land which Is now.
or may hereafter be, opened or dodi
cated to public use, and the terms
improve' and Improvement" as used
in this chapter In reference to streets
shall be construed to include all emil
Ing or regrading, macadamizing or re-
macaaamizlng, graveling or regravel-
mg, ana ail manner of br dee work
and roadway Improvement or repair
ana an manner of constructing of
crosswaiKs, within any of the streets
or any part of any street within the
city of St. Helens.
GRADES,
Section 2. The Common Council has
power and authority whenever it deems
expeaient, to establish or change the
grade or any street, or part thereof,
now or nerearter la d out or e.tah.
llshed within the corporate limits of
me city. The original establishment
of a grade may be made 1y ordinance
ana snail not require any notice and
the the City Engineer shall keep a
record or an such surveys.
IMPROVEMENT OF STREETS
Section 3. The Council, whenever it
may deem it expedient. Is hereby an
thorized and empowered to order the
whole or any part of the streets of the
City to be Improved, to determine the
character, kind and extent of such im
provement, to levy and collect an
assessment upon all lots and parcels
of land specially benefited by such im
provements, to defray the whole or any
portion of the cost and expense there
of, and to determine what lands are
specially benefited by such imDrove-
ment and the amount to which each
lot, parcel or tract of land
(2 The resolution of the Council
declaring its purjHise to improve the
street shall be kept of record In the
office of the City Recorder, and shall
be published for two successive weeks
in some newspaper published In the
City of St. Helens.
REMONSTRANCE.
(3) Within twenty days from the
date of the publication of notice, as
required in the preceding paragraph,
the owners of a majority of the real
property within such assessment dis
trict may make out and file with the
City Recorder a written objection or
remonstrance against said proposed
Improvement, and such objection or
remonstrance shall be a bar to any
further proceedings in the making of
said Improvement for a period of one
year, unless the owners of such ma
jority of real property, aforesaid, shall
sooner petitiou therefor.
JURISDICTION OF COUNCIL
WHEN ACQUIRED.
(4) If no objection or remonstrance
be made and filed within the time des
ignated, or If any remonstrance be
filed and is not legally signed by the
owners of a majoritc of the real pro;i
erty in s;ich District, the Coiuicill shall
be deemed to have acquired jurisdic
tion to make said Improvement, and
the Council may thereafter, within
iixty days from the date of publication
of said notice, provide by ordinance
for making said improvement, which
shall conform in all particulars to the
plans and specifications previously
adopted, and shall fix the time in
which said improvement shall be com
pleted. CITY RECORDER TO ADVERTISE
FOR BIDS.
(5) Upon the approval of said or
dinance by the Mayor, or if the same
shall become valid without his ai
proval, the City Recorder shall adver
tise for proposals for making said im
provement. The date for receiving
and opening proposals shall be not
less than ten days after the first ad-vertlmi-ment
therefor. The proposals
shall be in writing and sealed and shall
be opened by the Council. The Coun
cil shall have the power and authority
to award tne contract or contracts for
said Improvement, and to imiose such
conditions with regard to bonds and
securities, and guarantees of the good
faith and responsibility of bidders for
insuring the completion of the work in
strict accordance with the specifica
tions therefor, and to make all rules
and regulations in the letting of con
tracts which it may deem advan
tageous to the City. Such contract or
contracts shall be let to the lowest
responsible bidder, but the Council
shall have the right to reject any or
all proposals received. All contracts
shall be signed by the Mayor on behalf
of the City of St. Helens and attested
by the City Recorder. The Mayor shall
approve all bonds given by contractors
for the faithful completion of work
according to specifications, when he
deems the same sufficient to protect
the interests of he City.
(C) Upon completion of any street
Improvement the City Engineer shall
file a certificate of the completion, and
his approval of the work so completed,
with the City Recorder, who shall pre
sent said certificate to the Council at
its next regular meeting. The certifi
cate of acceptance and approval of the
City Engineer shall not bind the City
thereto until the same is approved and
accepted by the Council. The Council
shall examine said Improvement and
If It finds the same has not been com
pleted in accordance with the ordi
nance and specifications. It shall re
quire the same to be done.
DRAWING OF WARRANTS.
(7) When any improvement Is ac
cepted and the assessment therefor
levied and docketed, the Mayor and
City Recorder shall draw warrants
on the fund created for said Improve
ment in favor of the contractor or per
son or persons entitled thereto.
IMPROVEMENT BY PERMIT.
Section 4. Whenever the grade of
any street has been established, the
Council may authorize the owner or
owners of any property thereo-i to cut
down or fill up such street in front of
such property according to suc'n grade,
under the direction of the City En
gineer, at the expense of such owner
or owners, but the authority mentioned
in this section can not be granted
after notice has been given by the
Council of intention to Improve the
street in front of such property. In
giving such authority the Council may
impose such terms and conditions
thereon as may be necessary to secure
the deposit of earth or other matter
excavated from the street upon any
part thereof which may need to be
filled and to charge fees for said per
mits tc cover any expense by the City
In the survey and Inspection of the
work to be done.
Resolved, further, That the City Re
corder be, and he Is hereby instructed
and required to publish this resolu
tion, together with the ballot t'tle pro
vided by the City Attorney, at least
once in the official newspaper of the
city of Ht. Helens, within fen days
Immediately preceding said election.
Passed by the Common Council this
17th day of March, 1913.
Yeas W. n. Muckle. J. H. Cronkite
and John Philip.
ays None.
Not Voting 8. C. Morton.
Submitted to the Mayor on the 17th
dav of March, 1913.
Approved by the Mayor on the 17th
day of March. 1913.
MARTIN WHITE, Mayor.
JOHN Q. GAGE, Recorder.
gun," tiled in the office of the Secre
tary of Slate. February 25, lv.. as
thereafter amended, relating to si reel
and alleys, their t;rado and improve
ment. Shall Chapter X of the Charter of
the Cltv of St. Heleii be amended?
104 Yea.
105 No.
NOTICE TO VOTERS OF ST.
HELENS.
Notice is hereby given that at the
regular city election to be hell on the
7th day of April, 1913, the following
proiynsed charter amendment will be
submitted to the voter of the City of
St. Helens for their approval or re
jection, which said proosed charter
amendment is contained lu a resolu
tion duly passed by the Council on the
17th day of March, 1913, which pro
posed resolution Is In words and fig
ures aa follows, to-wit:
RESOLUTION.
HE IT RESOLVED, by the Common
Council of the City of St. Helens, in
Columbia County, Slate of Oregon,
that there be and hereby is submitted
to the legal voters of the Cliy of St.
Helens at the regular municipal elec
tion to be held in said City on the 7th
day of April, 1913, for their adoption
or rejection, an amendment to the
Charter of the City of St. Helens, be
ing an amendment to Chapter XI of
Ihe said Charter relating to SEWERS
and DRAIN'S, and each voter who
votes upon said proposed amendment
shall vote "YES" or "NO" in answer
to the following question: "Shall
Chapter XI of the Charter of the City
of St. Helens be amended?" which
amendmeut reads as follows, to-wit:
CHARTER AMENDMENT Sllt
MITTED TO THE VOTERS
BY THE COl'NCIU
AN ACT
To amend Chapter XI of the Charter
of the City of St. Helens, ill Colum
bia County, and State of Oregon, en
titled "An Act entitled an Act to
liicortorato the City of St. Helens,
in Columbia County, and State of
Oregon." filed In the office of the
Secretary of State, February 25,
1SS9, as amended.
BE IT ENACTED BY THE PEOPLE
OF THE CITY OF ST. HELENS.
AND THE CITY OF ST. HELENS
IM1ES ORDAIN AS FOLLOWS:
That Chapter XI of the Charter of
the City of St. Helens, In Columbia
County." and State of Oregon, en
titled "An Act entitled An Act to in
corporate the City of St. Helens. In
Columbia County, and State of Ore
gon," filed In the office of tin Seer.
tarv of State. February 2.i. 1SS9, ns
amended, be and the same Is hereby
amended to read as follows, to-wit:
CHAPTER XI.
SEWERS AND DRAINS.
Section 1. The Common Council Is
hereby authorized and empowered
whenever it may deem that tbe public
health. Interest and convenience tnav
require, to order to be constructed and
laid all sewers and drains with all noo
esrary manholes, lampholes, catch
basins, branches and laterals, anil to
repair and relay the same, and to levy
and collect an assessment upon the
lots and parcels of land specially bene
fited by such sewers and drains, to de
fray the whole or any portion of the
cost and expense thereof, and lo deter
mine what lands are specially bene
fited by such sewer and the amounts
to which each lot or parcel of land is
benefited.
PLANS AND SPECIFICATIONS; DIS
TRICTS; ASSESSMENTS.
Section 2. Whenever the public
health, Interest and convenience de
mand or it shall be expedient or neces
sary to construct or relav any sewer
or drain, the Council shall require
from th" City Engineer plans and
specifications for an appropriate sewer
or drain, or both, with all necessary
catch-basins, manholes, lampholes.
branches anil laterals, and estimates
of the work to be done and the prob
able cost thereof, and tbe City En
gineer shall file such plans, specifica
tions find estimates In the offW of the
City Recorder. If the Council shall
find said specifications, plans and esti
mates to be satisfactory it shall ap
prove the same, and shall determine
the boundaries of the IMstrlct benefited
and to be assessed for such sewer or
drain and the action of the Council In
the creation of such assessment Dis
trict shall be final and conclusive. The
Council shall by resolution, declare its
purfiose to construct such sewer or
drain, describing the same and the
location thereof, and Including the City
Engineer's estimate of the probable
total cost thereof, and also defining
the boundaries of the assessment dis
trict to be benefited and assessed
therefor. The action of tbe Council
in declaring its Intention to construct
or relay a sewer or drain, directing
publication of notice thereof, approv
ing and adopting the plans and specifi
cations and estimates of the City En
gineer and determining the district
benefited thereby and to be assessed
therefor, may all be done in cne and
the same resolution.
Passed by tbe Common Council tills
17lh .lay of March. 1913
Yeas--W. ti. Muckle, J. H. I rotiklc
and John I'mllp.
Nava None.
Not Vol in K -S. I'. Morton.
Submitted lo the Mayor on the M"
dav of March. 1913.
Approved by lb" Mayor on the I. Hi
day of March. I:' 13.
MARTIN WHITE. Minor.
jOIIN y. GAGE. Recorder.
The ballot title and number of said
promised measure will be as follows,
o-wit:
An Act to amend Chapter M of the
Charter of tbe City of St. Helen. In
Columbia County, and Slate of Ore
gon, entitled "An Act entitled All Act
to Incorporate tlie City of Si. Helens,
in Columbia County, and Stale of Ore
gon." tiled III the office of the Secre
tary of State. February 25. INV.t.a
thereafter amended, relating lo SIGN
ERS and DRAINS.
Shall Chapter XI of the Charier or
the City of St. Helens be amended?
IiiiJ Ye.
107 No.
NOTICE TO VOTERS OF ST.
HELENS.
Notice Is hereby given Hint at the
regular city election to be held on the
Till .lay of April. 1913. the following
proposed charier amendment will be
submitted to the oters of the ',tv "f
St. Helens fur their approval or r. lee
tion. which said proposed charier
amendment Is contained In a resolu
tion dulv passed by Ihe Council on the
17th day of March. 1913. which prih
posed resolution Is In words aud fig
ures as follow s. to w If
KESOU'TION.
HE IT RESOLVED by the Common
Council of the City of St. Helens, In
Columbia County. State or Oregon,
that there be and hereby Is submitted
to the legal voters of the City of St
Helens at the regular municipal idee
Hon to be hel.l In s:ild Clly on the Till
day of April. 1913. for tlielr adoption
or rejection, an amendment to the
Charter of the City of St. II -lens, to
be known as Chapter XIII of, said
Charter, autnoriing special ass. ss
ments for Hie Improvement of streets
and tho construction, reconstruction
or repair of any sewer, nud each voter
who votes iiHn said proposed amend
nu iit shall vote "YES" or "Nit" In an
swer to the following question: "Shall
. . . . i ..
..- imrv. l of land ahnll '"'
,, Pencilled ly "'' ,0"B
reconstruct Ion it repair or si reel
ln,1oveiuei,t. a the c I'".
Ihe full amount ' "l assessment lev
led thereon.
MISTAKES IN PROCEEDINGS.
Section 4. No such """'J'""
be held invalid by reason of failure to
enter the name of Ihe owner of an lot
or part of lot or parcel of land o
"ssessed or by a ml-ake In th .mm,,
of the owner, or the. entry of
other than the name of the owner, In
said assessment, or In any act or pro
ce'dlngs connect,,! therewith, an. t.o
.lelays, ii.lMtak.-a. error or lrrlur
.t ... I.. ,.llV llCt OT IiriMtM'UillrA "
i II'W III " ' ,., ,
hall
f u hired or I no con-
i t aewer or lirillll
prejudice or Invalidate any bnal as
sessment, but the same may lj w
,le. by subsequent and amended a. I
or proceedings.
PRtHEEDINiiS I'RESl'MED
RElULAR.
Section 5. Ill any action, suit or
proceeding in any court concerning
,v assessment ot property or levy of
laves authorized I'V this Charter, or
tbe collection of such tax or proceed
ing consequent tli. reon. such assess
ment lew. cmiseqiie.it proceeding, ami
.11 i, roi eei lllgs conuei ie.i
II ti tiremunc.l to be tegll
to'have I n dulv done or taken until
the contrary Is shown.
imh-ki:tin: am prm.if atio of
ASSESSMENT.
Section W hen an assessment has
I i, declared by ordinance ll shall be
Ihe duty of the City Recorder to enter
a statement of said iiss. ssiue.it In the
Docket of City Liens, to furnish a
copy of said assessment to ihe City
Treasurer, and s.-nd by mall to each
hose uroiiertv Is assessed or
tho sale and
I... 1..I.I 111. t .U ' Ol I,.
...
or tuxt
pelialll.
a ilecrlpil r '
a. Iiilret to di. 0
i-a accrued against ...... .
and tb nam of the owner If k
person, if any. to t. ""
If there be no ik.w.i,.,,,,. ...
or
but
nwi.1M1. , "T'
such notice can be uublUli.i t" ,lc
...i : i
noiiiiiiitr v. it-u lioilfea nf
.1 - "
before act forth, shall l, iM7V"t
four week before said u JL
ticca si given shall have ti,, "
force ami effect aa though tb H"
hud been published aa almva i,r...?7'
In that case the Marshal or
PHo,
II) WIIOIII iiih wmiHlll la Ulreelprf .k
be for making such suIh, ni i. 1
officii of tho Clly Hm-ordcr fJo,
said notice, with hi certifl.m, l
duraed thereon. Melting forth that au
notice had been jKialed In four bul
place lu ald Ciy four weeks Lll
I In. sale, which cerllllcMle 111111 T
presumptive evidence of (),, .
therein stated, ami of the fact tk''
publication In a newspaper Qn
terms herelnnefore set forth rouidv!
lie obtained. "
H WIT UN OF OFFfCEIt-FoiiM Of
Section 14. The rturn of th. 0ffi,.
executing the warrant inu.t ,lHS1.
the amount for which audi lot .,'..
r anil;''"' r"ul Property U an! u,
FORCE AND EFFECT OF WAR
RANT.
S.s'tloii 1., Such warrant shall k,,,
Ihe force and effect of an fiwutto,
against real property, und iluH h
executed In like tnuniier. exn.pt a
herein otherwise, specially provide
CERTIFICATE OF SAIjj.
Section The City Marshall ifo
Immediately after having ai gny
' ' ., . ii ., ,u properly oy virme or surii rn
... i.u i ii tin i lee of sad assess-,; . ' ' ., .... rnjt
l" "" ; . , ... ror me collection or aeiiiuiiient Uim
men,, when the pos.i.f flee add ess ,,., U
such person or Ms agent Is known to. ., . f
,.. City "-rder. am CZcUv'" "
i.tflce address be "Known o he V 1 ,, ,rrl , , of ,,, ,,.
Recorder, such notice shall be Hire. r it... . '
to such person or agent, at St. Helens. ,
amount rwim
of tho
therefor, the lliiurnvemeiit fur
-Ti'got.. lfhnBsseSKine.it was Iluid.f, the mailt
DOCKET OF CITY LIENS. ! r hu. Ii tux or assessment, th mm.
Section 7. Tin- I, k. l of City l.lc.,.;"f """ '";. '" that the tt
Is a 1 k lu whl. h must be . n'ered ih..." ,''-'t r"' ""pHon
following mailer It. relation to special ''- year, fron II... dale of to. w
the Charter of the City of St. Helens I assessments for lm-l Improv. n.s: ; - "'
The i ate of (lie entry, tne numi.er or - .. ... . , "
l....,r ,.t each lot i ami the successor lu Interest, or anr pw
be amended by Inserting t'h:iptet
XIII?" which amendment reads as fol
ow s, to w It :
CHVKTER AMENDMENT Sl lt
M ITT ED TO THE VOTERS
It Y THE COl'XCIL.
AN ACT
To amend the Charter of the City of
number or letter of the block of which
sou hating a Hen by Judgment, lrr
REDEMPTION'.
Section 17. Redemption of any M!
iprop.-rtv sold for dcllnU.-tit um
It is a part, and the d. scrlpHoii of i-i-.- m
each unp a.t.-.l trad or parcel of land. "'-" " -" ""
the sum a.es.., upon each lot or part ,""' ProMded In the next section.
thereof, or tract of bind, nnd the ii im.-i
of the owner, or that the t.winr l
unknown: provbl.d that failure to en-
Helens, in t olun.Ma t omit. v. ami " ' " " ,,, r Uj,., ul,f ,h ,,rovOM
ct-ii,. ,r iiri'i'rni f.iiitl...! x i rf 'ake Ml the n:itue of lue owner, or .-n- .. ..
r.i.uo oi i r loii, eiiiiniu mi .i, h s act inio bo tiiu.lo by the mttt
entitled An Act to Incorporate the I try of a name other tha i till, of th . Recorder for the ..nrcW
Clly of St. Helens. In Columbia true owner In such Docket shall no. ' h" T K.M.r.1 r r ' JJ
County, and State of Oregon." tiled render any assessment void, nor aft.s . ; ' ' "'".Ifi -a. 2
... t .1... c....r..,.r the lien on the property intended to be ' "ate or the certin. aio or Ml, tt
... .... ....... .. ' it.reto piirviinae prlci.. cowt. a n.l ten ira
State. February 1'... Ivs9. as ii.nen.led. H.ibj. . t. d tb.r.to. additional, together with six .r frit
ny insoning a , mip-er in sam ' "'" ' I .! KN OF ASSESSMENT: PAYMENT. Interest Uh.h the purchase prlc. fron
t.r after Chapter XII thereof, which! ..... the dale of such rcrtltlest... and tie
new Chapter shall be designated In .-ecnoii .-. , ne ,,,...,. v . '"" ,, . ,
is a puhiie writing Him recnm, nnu , - , .-.,
from the dale of tl nlrv th. rein or'"'"'" Pn-na.T ami iiner-.t it
an assessment the sum as entered l..r 'I"'" "f hlr payment., Hurl
hereby declared to be a tax levied and I redemption shall discharge the pro
a li.n upon such lot. part thereof. ori-rty " aoM from the fffect of Mtti
tract of land, which lien shall have ,"' lf ,,r Hen !
priority over all other llena and en-:'1" amount pnld for the r il.ripilon
cutnbr.inces whatsoever thereon, and "hall thereafter be deemed a part at
the sum or sums of monev assessed by hl Judgment, decree or HiortMSf. u
ativ I.H-al Improvement, entered upoit,, ''" '""X anil shall In-m 111
such i.l. n Ikicket. shall be due mi. I Interest and tuny be enforced and wl-
pavalde from the date of such eiitrv.ilect.il us a purl tnereor.
the Charier as Chapter XIII, author
lzinit special assessments for the
improvement of streets nnd the con
struction, reconstruction and repair
of any sewer.
HE IT ENACTED 1!Y THE PEOPLE
OF THE CITY OF ST. HELENS.
AND THE CITY OF ST. HELENS
DOES ORDAIN AS Fo.U)WS:
That tbe Charter of the City of St
Helens, in Columbia County, and Stat
of Oregon, entitled "An Act entitled
An Act to Incorporate the City of St.
Helens, In Columbia County, and State
of Oregon," tiled In the office of tie
Secretary of State, February ls9,
as amended, be and the same Is herein
amended by Inserting' the following
Chapter therein nfter Chanter XII
thereof, which Chapter kIiiiII be known
as Chapter XIII.
land If tint paid, or bonded as provide. I j
by law, within thirty ilaa from the
date of such etilrv. then nfti r tho ariiiie'
shall be deemed to be d.-lltupient aiid;,nr"' "'"r fr""' ,h" d",' of ""rt c
shall bear Interest ut tho b gi.l rate
HA ME FORM OF.
Section 12. Such warrant t.,..., .
-mire the person to whom It Is directed
to forthwith levy upon the real prop
erty against which such assessment
was made, or against which such ns-
Z . " " ho same
ceeds of such sal., . the City TreaiT
i.rer and the warrant in
rdcr. with his doings endorsed
hereon, together with the receipt f
t no City Treasurer f. ,. "
.,eh .! .. . . '""" I'iUCOCUS Of
-" paui to nim.
NOTICR OF BALE.
, Mini0" V- I,"m','"n"'ly upon re,
celvlnir such warrant tho Marshal or
e. .r. . , wriom me snme Is directed
shall proceed to plve nniin. .. . '
of such in.
unf mh.,, ."Z'"" ' afnkfna- it expedene or sntrntir to Imnmr.f.nn .n,ui.A -a k l-Vi.il a - a. Z . "J- '" I ...... m.nt I,. - ,Pfr. h "r rnnl Pro
Commasionera. b inr7.tl . W"'er ST "T'V h'lto tncor Cltr of Bt. H.lm., vMy ot Ht. felee. w tnln i ASSESSMENTS CONFIRMED "rh "lt for fo r I i"" nr
M lurea-ted ta invreaolutlon. direct the dlj Engineer to 'la Coin.b Count and State of Ore- 'medfatetr precedlnc aed election' 7 ' "wsnnV.?. l,P11p;r7';",v"r,,M
is hene.
tifed, and tho procedure for the Im-
proyement of a street shall be as fol- proposed measure will be as follows,
Jto-wlt
I KUJbJIJL RE.
PUBLICATIO.V OF RESOLUTION;
NOTICE.
Section S. The resolution of the
Council declaring Its purpose to con
struct or relay any such sewer or
drain shall be kept of record In the
office of the City Recorder and shall
be published for two successive weeks
In some newspaper published in the
City of St. Helens, Oregon.
REMONSTRANCE ORDINANCE
AWARDINO CONTRACTS
ACCEPTANCE.
Section 4. Within twenty days from
the date of the publication of the no
tice as rcfjulred In the preceding sec
tion, the owner or owners of any prop
erty within the assessment district
may file with the City Recorder a
written remonstrance against said pro
posed sewer, snd the Council upon
hearlne said remonstrance mav, at Its
discretion, discontinue proceedings in
said matter, but the Council may over
rule any nnd all remonstrances and
oblectlnns, and shall have power and
authority to order the construction of
said sewer or drain or the repair or
relaying of the snme, and within three
months from the dale of publication
of Its previous resolution, may, by or
dinance, provide for the same, which
shall substantially conform- to the
Plans ant specifications previously
adopted, i pon the approval of said
ordinance by tho Mayor, or If the same
shall become valid without his ap
proval, the Council shall follow the
same procedure and exercise the same
power, authority and supervision In
the advertisement for bids, awarding
contracts, requiring bonds, supervis
ing .. .. .. .1. . . ,, .
Th. ballot Utle and. number of said i ,he mannVr 0 ,m toT t'?
RESOLVED, further. That the Cltv
Recorder be and ho is hereby Instruct-
". dT"77e.T eh"''; (1 J""r'rllb rf.7 of ie CUr oi Bt. Itelm. la j tlnnr gtherwtth thli ballot Utle rof '", "".,. exceed auch i-eneh s'.
r mony mo beVnJT'J i?TT adn "on or othorwlmm, mhll aeemlcolumblm County, and mtm if 6r,lA br I. " i.,."".' mC Th' Council shall then declare Bald
nrf aha,, br airoojon JL " txpealnt or erry to fmprere ,, entitle -An Act entitled An Actone. t th.orttctlt n.woVr , "h'J aaeeaamenl by ordinance.
CHAPTEIt XIII.
S PEC I A L ASSESSMENTS.
ESTIMATE OF COST AND APPOR
TIONMENT; NOTICE.
Section 1. Whenever nnv street Im
provement or the construction, recon
struction or repair of nnv sewer, nnv
part of the cost of which Is to be as
sessed upon the property tieneflteil
thereby, is completed, the City En
gineer shall certify to the City Re
corder the accuracy of the original
estimate of the work to be done, or lf
In tho progress of the work it has
been found necessary to make any
alteration In said estimated work for
nny cause whatsoever, the City En
gineer shall file a corrected estimate
In detail of such work and the City Re
corder shall apportion the cost thereof
(except the share to be paid In the
case of street Improvements by rail
road or street railway companies bv
reason of their use of the streets) upon
lots, parts of lots and parcels of In ml
benefited thereby and within the as
sessment district. The contract price
nasea upon tne estimate of tho City
Engineer, fhe costs of rights of way
anu expenses or condemning land and
a sum not to exceed eight per cent of
rne contract price as the cost of ad
vertlslng, engineering and sutierln
tendence, shall be deemed to be the
cost of every sewer or street Improve
ment. When the City Recorder has
ascertained what he may deem a Just
apportionment of said cost. In accord-
ance with the Bfieclal and peculiar
nenents derived by each lot or part
rnereor anu parcel or land, the same
shall bo a proposed assessment, and
the City Recorder shall give notice of
the same by publication In a news
paper published In Ht. Helens, and
stating that said proposed assessment
has been made and Is on Hie in his
office and subject to examination, and
that any objections to such apportion
ment that may be made In writing to
the Council and filed with tho City
Recorder within ten days from the
first publication of such notlen will be
heard and determined by tho Council
before tho passage of any ordinance
assessing tho coBt of said Improve
ment or sewer.
ASSESSMENTS OF IlENEFITS.
Section 2. After tho time specified
In snld notice has claimed tho Council
shnll consider said proposed assess
ment and all objections made thereto,
and shall have the power, nf. its dls
cretlon and without any further notice
fo consider, ascertain nnd determine
tho nmount of tho special and peculiar
benefits accruing to each lot or part
inrreoi or parcel or land so assessed,
by reason of the constriction, recon
struction or repair of said sewer or of
tho Improvement of said street or part
thereof, and if tho amount apportioned
by the City Recorder to any lot or nnrt
thereof or pnrcel of land shall not be
In Just proportion to such benefits, the
assessment agninst such lot. or part
thereof or parcel of land shall bo so
reduced or increased by the Council
that It shall bo In Just proportion to
sucn benefits, but In no case shall any
MARSHAL'S DEED.
Section IK. After the explrMloo ll
Hflcatr, If no redemption ahull tut
been mad", fhe City Marshal shall fit
cute to the purchaser, hi tielra of i
PAYMENT OF LIEN CREDITOR
S.-ctlon !. When an assessment ! "iKti. a deed of conveyance eoauil
ut". 11 any lot or part thereof 1 e. onies " d. wrlptlon of the property H
ib llniu. nt. nnv person having a lien statement of the amount hid. of tk
ther.-oti by Judgment, decree ci mort ' Improvement for which the
rage, or having purchased the same!"""1 made, of the ear in tiW
for nny 1I1 llipieiit lax or assessment. "'" levied, that the aw
may at any time before sale of such ' unpaid at the tins of tfct
lot or part ther.-of. pay the same, nnd'""'. and that no redemption hud b
such payment discharges th.i property .made; and thn effect of such M
from the fleet of the assessment, and ' K,ln" convey to the rratite
the amount of such deliii'iuetit taxes therein named the legal and cuultb:
and all accruing rost nnd charges. If , "He, In fee simple, to the rcii! pro
any, when so paid. Is thereafter to 'be ''r,T "''' deed described, and niti
deemed a part of such lieu creditor s ' J "hall be prima facie evldenrr of
judg-rncht, decree, mortgage or tax lien.j ln ""''I grantee, and that ill pr
as the rase may be. and shall bear In-; c'-edlngs and act necessary to nuk'
terest and may bo enforced nnd col-!,,,'n n ,,,',,,l 'n all reaper t a gissi M
lected as a part thereof. j valid have been had and done; 14
If tne holder of any tax lien or claim ' prima facie evidence shall not bs
pays off such assessment he may j I'U'd. overcome or rebutted or tM
thereafter present the receipt to the i ''feet thereof avoided except by Mt
officer who shall have charge of th j 'l,r,orT proof of either (11 fraud It
fax roll docket containing the record 1 ""'king the assessment or rollrctlo
of the fax sale at which he purchased ' "f '2) payment of the
such property, nnd tin reiiiHin such j W't or tax iH-foro sale or reibiiptloi
officer shall make a note of fhe amount j after sale; Ll) that payment or re
of such assessment so paid by such
purchaser nnd shall exact repayment
thereof, together with Interest ns
aiiovo prescrineii, rrom any person
demptlon Was prevented by fraud f
the purrhnser; or (t) that the pro
erty was sold for assessment or utf
for which neither snld property W
making redemption from such sale nnd I the owner, at the time of the sal.
no redemption shall discharge the liable, and that no part of tho aw
property from the effect of such sale, ment or tat wna assessed or levied
wnu n shall not Include the amount of jupon the property sold.
such assessment paid by the purchaser
aner tne purchaser shall have pre
sented the receipt ns abovo prescribed.
ASSESSMENT; WHERE PAID.
Section lf. All such assessments
snau ne paid to fhe City Treasurer
who shall file duplicate reolm. ih.'
for with the City Recorder, and the
Ify Treasurer shall keep nil money
..,.,.-...- upon rain assessment in a
separate fund, and the snme shall not
be used fr any purjiose other than
Hint for which It Is levied and col
lected, WARRANT FOR CfVLLECTlON.
Section 11. If within thirty days
from the date of entry of an assess
ment In the Docket of City Lien. th
sum assessed upon any lot or pnrt
'hereof Is not wholly paid to tho Clly
Treasurer nnd a duplicate receipt
therefor filed with the City Recorder
tho Council may thereafter order a
warrant for tho collection of the same
to he Issued by tho City Recorder di
rected to tho City Marshal or other
person authorized to collect taxes due
to tho City.
ESTATE CONVEYED UY MAR
SHAL'S DEED.
Section 1ft. A sale of real pmprrtf
under the provisions of this Act
vcys to the purchaser, subject to re
demptlon aa herein provided, all
estate or Interest therein ol the oww.
whether known or unknown, tonsil"'
with all tho rights and appurtensnre
thereunto belonging.
TIME WITHIN WHICH ACTIOS
SHALL COMMENCE.
Section 20. Every action, suit
proceeding which may bo commence!
for the recovery of the land sold M
the city Marshal of aaid City for Wf
assessment or tax except In r"
where thn assessment or tax for whk
the land wna sold had heen psld bfor
tho sain or tho land redeemed P1
vlded by Inw, shall be commented
within three years from tho tlmsw
thn recording the deed a executed W
tho Clly Marshal, nnd not thereafter.
REASSESSMENT.
Section 21. Whnvni- an ssar"'
Mi 1 . n f..H .1.. , .. 1 . rail.
in" opening, altering or "
Ing of any afreet, or ronatructlon, re
construction or repair of any sewer, or
for nny local Improvement which h1
been or mny hereafter bn made by th
'lty, has been or shnll hereafter N
set aside, annulled, declared or ren
dered void, or Its enforcement refused
hy any court of this State, or any Fed
eral court having Jurisdiction therein,
whether directly or by virtue of an
decision of such court, or when lj
Council shad be In doubt a lo H
validity of auch assessment or anf
part thereof, the Council may. hr ot"
dinance, make a new assessment or
reassessment upon the lots, blocks, of
perrel nf nn, wneh have been b n
flted by auch Improvement to the ex
tent of their respective and propor
tionate shnres of the full value thereof.
Such reassessment shnll he based npo"
tho special nnd pecullnr benefit of such
Improvement, tn the ...ectlvo parcels
... i.iii.i assessed a
original making, bui
h. time, of It
shall not exceed
I
IV( vm tnereof, notlc ; . - in sain t ity.
l tatlng the time and placa of J
(Concluded n,n pate 7)
rr- r--- -