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About Daily capital journal. (Salem, Or.) 1903-1919 | View Entire Issue (Oct. 10, 1911)
DAILY CAPITAL JOURNAL, SALEM, OREGON, TVKSDAT, OCTOHER 10, 1911. PAGE BEK IE CHARTER PROPOSED FOR CITY Oh SALEM nvv.S I'KEPARED WITH V- 11' tvtUUITTVIi1 TREAT t-Alili 1X- llIW-" ,.. U'11' 111 I'll Skehllv uv every citi. Ifc'X. ,.mlroraie the City of Salem, Oregon. ,.l LU lo-- - ... -tw ..t t I eoVClUlUCIIL VI ...j . ,,,iliuu u . ...m,)uiv kiiuwu tu the Muai - " Cuiiui '',:;:sc1.Uh. una define the rights, ' .ii ..i I I V " i...i.,liri..j ..f said City ul f?'?.. ml mcciibe llio rights, pywera. Sule" wlju"",u ,M.i tiui of tlielr elee uie te i" ,.i ,,i'ii.e: uud lo repeal Aa luuiicd "Au Al t lu Ineoa'liorule , I'liv ul Salem," upproveu rraruurj cdi 'M: lsu Au Act I" lucorporuie Vi I'lty of Saleui, uppruved . 1M.2. 1 si Act eulillcd to hu-orpur- i ... A ii 4... . iinMiritunuc wo v-nj .rf Saleui, approved February 17 th Sun- also An Aet entitled "An IS to Amend Section Xo.,S. Suodlvlslou d.H o.frr ?o.o,rdeoctlou. llllduV't-U I TUIuh'J . .... , ... V .'. ..ma ilifieio. and to repeal all iti., and parts of Acts to Incorporate the iU!U Lily Ol cuit-iu uuuiti lis uiig- Uuil lt.rui of government by Aldermen or rhv c'uuucilmcu, and substitute in lieu uiei'il, as defined and set out herein. ARTICLE I. VAMI' LUH'NUAItlES, POWERS, RIGHTS Oiu'ilun 1. Nuuie The corporate name of Hits icy "ball be Salem. Set-. 2. lluiindurie0 TUe boundurleB of tlie i iiy -Salem shall be as follows, 'W Begj lining where the Houlh line of Locust Street, in niiiiiiiiii jweuue miuiiiuu io uie cliv ul Sab-ill, Oregon, If extended west an i,uld M i ike the middle of the 11- limi-lte river ; tlieuce easterly ukuiig the urali-i'V extension in l lie south Hue ti sain locust street and iilutig the south line ol uid l.oi U.-.I street, and ulung the easterly (.iit-nsli'ii then-iir, io iiie cast nne ui tin .i.,l.i.,.rn.-iv ul' the Sotilliern l'n.-ll'l,- i-iil Mil; tln-me suiiiherly along the east Hue o( tlie rigln of way of the Southern l'aciiic railroad to the southwest corn;-!- of the Wrtnri ij aiuiv i' nil gruunds : tin nee east iiUing the south Hue ul tlie Ki-sii-ny exieusion of the -siute 1' air iruuinla to the inner auale thereof: llieuce uutlirrly along the west Hue of the Slate fair b-riiiiniis io the southwest ciiniei ihereoi : iln-ni-e ensierly iiIiiiik the smiih Hue uf the State Fair grounds to a point due uortn ul I he most northerly uoriuensi cvrm-r ol Hie donaliuu land clalni of A. 1-'. Waller and wile. In towuship 7 siunh, rau-e U west of the Willamette meridian ; tlieuce smiih to the nnwt northerly uorth aat c-oruer of the said douatlou land claim ; tlieuce southerly uluug the east Hue uf sniil ilnniiiioii ntinl i-lniiu ami uimi i lit eaal line of Simpson's mhtilltnt to the City i( Salt-in In Hie center of Salem anil Turner Cuunty road ; thence southeasterly along tlie n-iili-r ul' sni.l i-iiiiii io in,, imri ui-.isi inrin-r of lot 4 In .Miller s .Mill Ci k Kin ai Home iracts; (hence souila-i-ly along the east line of lols 4 uud is, lu salt! .Miller's llll rri'..f l.-m-i.l II....... i , ,.. ,1... ii.... riiiiuiiiL' east and west through the center tt aet:iiuii ;iti, lu township 7 suutii, ruuge I ..f H'lll l....t.l ...... u ' i, illl-LlP .llt'l llliiu , Mlt-lll f westerly ulong said line through the ceuter at aeclioug oS and i)4 to the east Hue uf South Commercial street ; thence southerly iloug the east line of South Commercial Nfreel In I III- ellsti-ny extension lit 1 lie soillu line of City View cemetery j thence west erly to the southwest coruer of City View cemetery ; thence due north to the middle o( the Wlllumelte slough ; thence down the mliiille of the Willamette slough to the middle of the Willamette river; thence ilirtii the middle of the Willamette river, Io the place of beginning. TEUlilTortY AUUKU BY I'OI'ULAIt VOTE, MAUCH au, 1010. Beginning at a point where the east boiniilnry line of the City of Salem Inter ims the mirth boundary Hue of Ulen Uuk addition to the City of Salem; tlieuce east erly on an easterly extension of suld north Imuuilary Hue of said I Hen Uuk addition to a point where If said north boundary Hue uf Uleii Oak a'lilili,ii were exlended east erly It would intersect with a line runulng north mid saulh through the ceuter of sec tKius :j4 and L'o of township 7 south, range 3 west; tlieuce southerly along said center Hue lo a point where the same intersects Willi the north Hue of a roud commonly known n h the renltentlary road; thence westerly along said norlh Hue of said l'eu lleutlury roud to the east boundary line of tlie Clly of Salem ; tin-nee iinrlherly nhiiig nuiil east boundary line to the point of beginning. Sec. Ii. rowers, Itlghls and Liabilities By and lu the corporate name, the City shall have perpetual successlou ; shall have auil exercise all powers, functions, rights and privileges now- or hereufter given or (runted to. anil shall be subject to nil the duties, obligations, liabilities and limita tions now or hereafter imposed upon inu niclpnl corporations of Its class, by the L'onstitullon and Laws of the State of Ore ou, uud shall have and exercise all other power, functions, rights and privileges usually exercised by, or which are inci dental I,,, in- iiiiu-re in inn ii u-i i n I corpora tions of like cliuracter and degree. Sec. 4. l'owers., How Lxercised All powers of the City, unless otherwise pro vided in this charter, shall be exercised liy llirniigh and under the direct ion of three t.'uaiinirsluuers, who shall constitute the Hoard of CoiuinLHsioners and one of whom sliull lit- the Mayor. The Commissioners slnill be subject to the control uud direction of Hie people at all limes, by the initiative, referendum uud recall, provided for in this Charier. AI1TICLK Ii. KLIOCTIONS. Sic ,-. fleueral and Sieclnl Municipal hleriioiis There shall be a general inunlc Ipal i-l.-. i Ion in the City ol' Siili-m on the Hist .Monday lu liecemher, lull, and on the llrsi Monday hi lieceiuber of every second y,.;n- thereafter, and shall lie kuown us the general llllllliellNll election. All other municipal elections lhat inn y be held shall bv known us seciul municipal elec tions, niul may lie. ordered by the Unurd of Coinuiissioin-rs. The terms of office of those elected iiiid.i- this charter and thereafter, shall begin at lu o'clock u. in. on Hie first 'lues 'lay i .Inuilnrv iollowing I heir elect ion, and II ofliieis elected shall hold office until their successors are eleeled II II r I lllull!lcd, Hnb-vs previously removed, us elsewhere provided in tins charter. See. u. Iteglsiraiiou No person shall, ei-'t as In the charter otherwise pro viil.-il. be permilliHl to vote at any munic ipal election without having been rcgis teiisl. The registration shall be the same s is now or may hereafter lie provided by tin- (ieuerai Laws of the Slale, except as tlie l-.ourd may otherwise by oidiuauce provide. Sec. 7. Nomination and Election of of ficersThe mode of Uoliilttuliotl lllld elee tioii of nil elective uflVers of the city lo le voted for at any municipal election shall follows : s-c n. Conditions of Candliliic.v The name of n' cnndhhite shall he printed upon tb ballot when the petition of nomination lcill have been fll.il In bis behalf. In the pianuer and form and under the conditions Hereinafter set forth. Sec. li. Form of Nomination Petition The petition of nomination shall consist of lot less tbau twenty-five (io individual enilti,;ite. which sliull rend s.iliM.niilall) s follows: PETITION OF NOMINATION. Individual Certificate. State of Oregon, County of Marlon, City of Salem, ss. I do hereby Join In a petition for the poniluatiou of , whose residence l at No. street, Salem, Oregon, 'or the office of , to be voted for t the municipal election to be held In the ' of Salem on the day of . '' ; and I certify that I am a qualified elector and am not at this time a signer of any other certificate nominating any other candidate for the above named office, r i in case there are several place to be tilled In the above named office!, that I have not signed more certificates than there are places to be filled In the above- uiiice ; mat my reuiueuce is ai street, Salem. ' also certify that I believe the above named perion Is especially qualified to fill the said offer, and la of a good moral char acter. I further certify that I join in this petition for the nomination of the above r I""""", "eueviug mat ne has not become a candidate as the nominee or rep reseiuatlve of. or liecause of any prom ised support from any political partv or any committee or convention represe'utinir or acting for any politic! party Signed. State of Oregon, County of Marlon, City of a . , '"8 urai uu y sworn, deposes and says that he la tlie person who signed the foregoing certificate iud that the hiati-iiieuis .i,er m arr ,rw S!(?ntJ. b'nybi1f ni1 'wtrn t0 berre this My commission -expires' , ifj re!VU?iUlrf nom'-tlon? oPwhTch'tiils being first duly sworn, x- 1 "v ueu io a ISO. streer. slalom Clerk-I?' .hft1rZ M uPPli by the ; !2?t-"h '. 09 tn duty of the Cltv nn.nt. rinlsa-uion PPll-atlon. a rea- certificates 01 -J"Wual Sec. 11. Requirements of Certificate fl" Wftlflcate must he a separate papeT All certificates must be of a uulf orm sUe c.'r,fnte,mlu,e1ty tbe C1,y -"erk Each cert t,,le shall coinaii, ,- candn ate mid no more. I ease an . baa signed two or more conflicting cert fi 11 reje'cte5UCVaCcl,;fllICti"S '""tall ,'i:ta";.;.r;;r- a ?e!'i.?2, Pute ot Presenting Petition i A X ",m f nomination consisting of not 7icat,nt:emy flve (-5) Individual cVr tificates for any one candidate may be ?l 7 ',0t V,e 9ty Clerk not r than , 1 ,yi n.?r 'atST, tnan twenty days before - The City Clerk'shnH endorse thereon the date upon which the petition was presented to him. Provided, that Thoukl tkere be no petition filed for one office M u'm bor," elcc!l.'m .V,,e ,ate 01 Presenti, petl ons for said office shall be eitenil.-d to fifteen days before said election, and the wmf ihri r?,e Pnulue "hall be filed with the City Clerk on same day. rtf-i?' A'-l Examination of Petition by lerk Vhen a petition of nomination Is presented for filing to the City Clerk, Be shall forthwith examine the same, and ascertain whether it conforms to the pro visions of t lis Article 1 f.. 1 conform thereto, he shall then and there lu writing designate on said petition the defect or omission or reason why such peti- ...... .i.., ur iueu, aim siitui lorthwlth return the net II Ion to llie ..r.. as the person to whom the saute shall he returned In accordance with this Article I lie petition may then be amended, hut not ,"'o ""' Ua-VK "ft,'r aid peililon slial have lieu returned, preseiitisl to the (lerk ns In the first instance. The Clly lerk shall forthwith proceed to examine Hie amended petltlou as hereinafter pro vided. 1 Sec. 14. l-'lllng of Petitions If either the original or the amended petition of nomination lie found sufflclentlv signed, a hereinafter provided, the cltv Clerk shall file the same forthwith. Ilium (inni tin,... of such nominating; petitions In due form as herein provided, the candidates therein named shall be deemed duly nominated. Sec. 15. Withdrawal or Acceptance Any person whose name has been presented under this Article as a candidate may, not later than fifteen davs before the 'lection. cause his inline to he with teiiwn from n.-nilinitlon l- "H,.,. the City Clerk a request therefor In writing, nnder his own slennnire .lui, attested by a notary public, and no name so withdrawn shnll be printed upon Hie ballot. Any person nominated under this Article shall file his acceptance with the City Clerk not Inter than llfteen davs he fore the day of election, mid In the ah Hence of such acceptance, the name of the candidate shall not nppear on the ballots except ns otherwise herein provided. Sec. 1(1. Preservation of Pel il Ions The City Clerk shall preserve In his office for n period of two years all petitions of nom ination nun nil certlficales belonging thereto filed under this. Article. Sec. 17. Elect Ion Notices The Cltv Clerk shall, on the tenth day before the elect ion. certify a list .f tlie cundidutes so nominated whose names are entitled to appear on tbe ballot as being the list of candidates nominated as required by this o.ii-'er. u-ii-i me otuees lo he -'H"it inu tile lionrd shall cause said certified list of unities n"d the iilice to he lill.'d .l.-sle nil finer -whether for n full or unexpired term to be published In a notice culling the elec tion, five successive days before the elec tion, certify a list of the candidates so nominated whose circulation published in the City. Such publication must he made for nny questions or measures to be voted upon. Sec. IS. Form of Tiallots The Cltv Clerk shnll cause the hnllots to he printed ns provided by trie codes nnd statutes of the stare or Oregon, except ns otherwise In this Charter provided. The ballots shall contain the list of names nnd the resneei Ive offlcen, as published In tbe election notice, and so fur us applicable to such election shall be substantiillv of the form provided by Lord's Oregon Laws, except as herein otherwise provided. sec. in. Arrangement or orrices on Itnl lot The office to be filled shall be ar ranged In separate columns In the follow ing order: l or Mayor (If any) Vote for one." For Commissioner, Department No. 2, (if nny) Vote for one.'' For Commissioner, Department No. ;i. (If any) Vote for one.'' Sec. an. Itentilrements of Hallots All hnllots printed shall be preclsesly of the same size, quality, tint of paper, kind of type nnd color or ink. space shall tie provuiod on the ballots ror Charter amend ments or other questions when to be vored on at the municipal elections, ns provided hv this Charter or the Laws of the Slate. The names of candidates for each office shall be arranged in alphabetical order. Nothing on the ballot shall be Indicative of the source of the candidacy or of the support of any candidate. No ballot shall have printed thereon any party or political deslguntion or mark, and there shall not be appended to the name of liny candidate any such parly or political designation or mark or anything indicating his views or opinions. Sec. Sample liallot The City Clerk shall nt lenst live days before the election cause to he printed live hundred sample ballots, upon paper of different color, but otherwise identical with the ballot te be used nt the election, and shnll distribute the same upon application to registered voters at his office. Sec. '22. Election Officers, Judges, Ap pointment It shnll be the duly of the Hoard of Commissioners at Its regular ses sion, and at least twelve days prevluus to the day of holding nny municipal election, to appoint for each ward from the quali fied electors of said ward, one Inspector nnd two Judges, who shall constitute a Buurd of Judges of Election. In case those appointed In accordance with this section shall not be present at the place desig nated by the Board of Commissioners, nt the hour to open the polls, the electors present mny appoint a Hoard of Judges for such ward. See. U.'l. Clerks The Inspector nnd Judges of Election for each ward shall, before tbe time Tor otietilng the polls, ap point two suitable persons to act ns Clerks, who shnll he iiualMicd voters. Each Clerk shnll write down each office tn he filled and lite name of each person voted for for such nfllce. atid shall keep the number of voters by tallies, as they are reud.uloud by the li I-- or 'oli Sec. 21. Polls Open All elections held under the provisions of this Charter shall coiiinieuce at 8 o'clock a. m. and continue until 7 o'clock p. in. of the same day, with out closing the polls. Sec. -'.". Canvass nnd Election As soon ns the polls are closed the election Judges shall Immediately open the ballot boxes, take therefrom and count the ballots, and enter the total number thereof on the tally sheet provided therefor. No vote Bhall be counted for nnv candidate more than once on any ballot, all subsequent votes on that ballot' for that candidate being void The person receiving the lurrest number of votes cast nt such election for any odlce Bhnll be elected to that ofnee. The Board of Commissioners shall meet ns a canvassing hoard nnd publicly canvass the election returns within two days offer anv municipal election, and In case of the election of officers shall Issue certificates of election to each person elected. A tie between two candidates shall he determined by lot under the direction of the canvassing board. Sec. 2d. Informalities In Election No t.,f..rin-'!t:"s --lii.-r " ii.'it.i l- ' ' tlons shall Invalidate the snme. If they have been conducted fairly nnd In sulistnn tlul conformity with the requirements of this Charter. Sec. 27. Ballots. Preservation The en velope containing the ballots when sealed up shall be endorsed. "Ballot of ward. Salem, of election held this dav f . 19 ." and shall be delivered hv the Inspector to the City Clerk who shall keep said sealed envelope unopened until the time sppolnted for the canvass of the returns, nnd until directed hy the fi.ird of Commissioners to open the same lu the presence of the Oomraissoners. See. 28. Statement of Expenses to be Filed F.verv enndidate wbe Is voted for at any election held within this City shall within thirty days after such election, file an Itemized statement showing in detail all the moneys contributed or expended by blm directly or indirectly by himself or through any other p-rn in aid of bis election. Such statement shall give the names of the various le-r.setis who received such money, and the specific nature of each Item and the purpose for which It waa expended or contributed. There shall be attached to each stat.-aent an affidavit of such candi date setting forth in substance that the statement thus made is in all respects true, and that the same is a full and detailed statement of all moneys ao contributed or expended by him. Sec. 29. Corrupt Practices Any persen who shail at any municipal election violate any of the state laws, in regard to corrupt iriulie.-s or uho snail l:iil io nl,- m kw... i s atement of expensea aa herein required, shall, upon conviction thereof, be forthwith llS'lllalilied from holding noini.-ltml rti. position or employment for a period of two jeunj, huu u sucn person snail have been elected or appointed to any municipal office, posliton or employment, his conviction of any such violation shall ipso facto create a vacancy therein. Action for the enforcement of this pro vision may be brought by the City Attor ney, or by any citizen on behalf of the City. A violation of any of :he provisions of this section by any candidate shall dis qualify him from holding the office for which he Is a candidate. Every elective officer of the City shall, at the time he takes the oath of office, be required to take and subscribe an oath that he lias not violated uuy of the provisions of this section. Sec. 3U. Uenernl Election Regulations Tbe provisions of any law of the State of Oregon now or hereafter in force, except as the Commissioners may otherwise by ordin ance provide, relating to the qualflcatlons and regstratlon of electors, the niapner of voting, the duties of election officers, the canvassing of returns, and all other par ticulars lu respect to the management and holding of elections, except as otherwise provided in this Charter, so far aa they may be applicable, shall govern all munic ipal ele.-tions. Sec. 31. Qualifications of Electors That save and except as In this Charter other wise set forth, any person shall be quail lied to vote at any election held under this Charter who has been a resident of the City for six mouths next preceding such election, and who possesses the qualltlca tlons of a legal voter in this state; pro vided, however, that all persons who have resided within the corporate limits of the City of Salem for the period of six months next preceding the tlrst election to be held under the provisions ot this Charter nnd possess the quallllcatlons of a legal voter in litis slale shall be iniulineil to vole tie unlit election. ARTICLE nr. HECALL, INITIATIVE AND REFEREN DUM. See. 32. State Laws The powers of the people us tu recall, lultlutlve and referen dum shall be exercised us defined by the laws of the State of Oregon. Sec. 33. Candidacy Auy offlcer Bought to be removed mav be a candidate to sue. ceed himself. Sec. 34. Time of Incumbency The In cumbent shall continue to perform the du nes or uis ouice until the removal election. If then elected, he shall continue in otllce for the balance of his term. If not then elected he sbull be deemed to be removed upon the qualification of his successor, wb shall hold ottlce during the unexpired term. Sec. 35. Incapacity of Recalled Officer No 'person who has been removed from any office by recall, or who has resigned from such office while recall proceedings were pending against him shall be appointed to any olbce within two years after such re moval by recall or resignation. nee. .. eurtner Kegulatlons The Hoard may by ordinance make lu regard to recall, initiative uud referendum, such further rcg iilatoiis us may be uecessury to carry out the exerclsu of the rights of tlie people. ARTICLE IV. Sec. 37. Commissioners The elective officers of the Clly shall consist of three Commissioners, nnd shall be kuown as the Itoard of Commissioners, oue of whom shall be the Commissioner of Department No, 1 and .Mayor; one shall be Commissioner of Department No. 2. and one Commissioner of Ocpurtmciit No, 3. I'.ucl) Commissioner Rhall be elected di rectly to ills depurl incut by the people. Sec. ."IS. Division Department No. 1 shall have charge uf : i Public A fla Irs. Finance. Police. Municipal Court. ', Public lluildlngs. Parks and Library. ' Ocnerul Supervision. Department No. 2 shall have charge of : Streets uud Bridges. Sewers. Department No. 3 Bhall have charge of : i-ufiiic utilities. Fire. Sanitation. Lluhtlug. Sec. 3ii. Officers, Terms The term of all elet-tlve officers shall commence us pro vided In scctloii 5 of this Charter, and shall be for four 14 J years each; provided, that Hie two (2i Commissioners tlrst elected under this Charter shall be elected for two 12) years only, at tbe expiration of which tune and every lour (4) years inereatier, there shall lie elected two (2) Commission ers to serve for four (4) years. The Mayor Commissioner tlrst elected under the pro visions of this Charter shull be elected for four (4) years uud every four (4) years thereafter hIiiiII be an election held for the purpose of electing tlie Muyor Comuils sloner. Sec. 40. Qualification Ne person Bhall he eligible to the otllce of Comiulssiouer utiless lie Is n qunlllled elector, and shall have been for three years Immediately preceding such election, a citizen of Salem and for two years Immediately preceding sucn an election, snail nuve pniu clly taxes. Sec. 41. Officers. Salaries--The Mayor Commissioner shnll receive a nnlary ot $24110.00 per annum, nnd each of the other two Commissioners sliull receive $18110.00 per minimi. Sec. 42. No Further Compensation isoiie or any sucn t ouiinisstouers snail re ceive any further compensation for nny service lie may render tbe City, other than tits satnrv as i :oinmissioner. Sec. 43. Vacancy if u vacancy occur in uie ouice ol .Mayor or t'ominissiouer. Die I'.oiird shall apiKiint au eligible person to fill such vacancy until the next generul municipal election. Any vacancy shall be then mien by election fur the unexpired term. Vacancy shall exist when an elective officer fails to qualify for thirty day-sutler notice of his election, dies, resigns, is re moved from office, reuiovi-s from the city, absent himself continuously therefrom for more than three months, bi uvlcted of a felony or Judicially declared a liiniillc as (leiuieu py statute. When n Commissioner, or an officer, or an employe of the City, Is absent from his post of duly more than fifteen duys for any other cause but sickueeis, the Itoard of Commissioners shall appoint temporarily a Commissioner, officer, or employe to tuke his place, and the salary of suld absent Coiniulssoiner, officer or employe shall cease from the date of appointment or his tem porary successor, until he again assumes the duties or tils oltlce. Sec. 4 4. Bonds of Commissioners No Commissioner shall be deemed qiiulificd for ins ouice utiiii lie litis liteii iits bond con ditloiied that he will faithfully and Impur- itaiiv perioral uie mines ur tils oritce or employment and the same bus been ap proved by three disinterested tuxpnyers of the city of Salem, the said taxpayers to tie appointed py the jinige or the circuit I'oui-t lu which said City is situate, and in his absence hy the Cuiiuly Judge of Mar ion County. Oregon. The Mayor Commissioner shall furnish a security bond lu Ihe sum of 'J.'i.imio.ihi. the two oilier t omiiiissioucrs sunn each furnish a security bond lu the sum ef $2O,IMI0.IIU. A reasonable charge by a surety com pany for qualifying usn such ttonii shall, when approved by tbe Bourn, be paid by the Clly. '1 be Couuty Clerk or County Treasurer of Marion Coituly, Oregon, shall be the custodian of said bonds, und said bonds shall be filed with either of suld officers. ARTICLE V. THE BOARD OF COMMISSIONERS. 'Ihe term "Board"' whenever used In tills Charter shall be construed asi the Board of Commissioners. Sec. 4o. Legislative I'owers -The Board f Commissoiiiers shall Is- vested with all the legislative powers of the Cltv, except us otherwise provided by this Charter. sec. -to. rresiuent and vice i'reHiiteni f the Itoard T he Mayor shall be president of the Board. The Board shall elert one of its number to be vice president, win during tlie apsence or dlsublllly or the Mayor shall possess all the powers and lierfonn all the duties of tlie Mayor Com missioner. Sec. 47. Judge of Their Elections The Board shall tie the Judge of the election and qualifications of lis own members, sub- j-ct to review by uie courts lu caae of ml est. Sec. 48. Restrictions T'non Memliem of the Hoard No member of the itoard shall old any other remunerative public office r enga-K-e In anv other employment. No person shall l.e elected or appointed to liny tip-e. piiiiion or employment me eoinjien ,i!i,,ll i f wbi.-h was Increased or flxeil bv the Board while he was a memle-r thereof, .ul II after the expiration of one year from ihe 'date when he ceased to be a menue-r if Ihe Board. Sec. 49. Rnlea of the Board The Board shall determine Ita own rule of procedure, may punish ita members for disorderly cooduct and may compel their attendance at Hoard meetings. It shall provide In said rulea for penalties which shall be Inflicted upon any of Its members in case of mis conduct or wilful neglect lu tbe perform ance of the dutlea of his office without prejudice to the right of recall by the people. Sec. 50. Meetings The Board may pre scribe the time of holding ita meetings, and the muuuer In which special meetings thereof may be called; provided, all meet ings must be held at the City Hall. The City Clerk shall be the clerk of the Board and shall with the Mayor, sign and utteut all ordinances and resolutions. A majority of all the uieiiu.ei-H shall coiuoitule it quo rum to do busiuess. The Hoard shall sit with open doors at all legislative sessions and shall keep a journal of its proceed- lugs which shall be a public record. Sec. Gl. Ordluancea and Resolutions At legislative sessions the Board shall act only by ordinance, resolution or motion. The ayes aud noes shall be taken upon the passage of all ordinances and resnlitl ions. and entered upon ill., journal of its proceedings ; upon tbe ropiest of any member, the ayea aud noes shall be taken and recorded iiHn any mo tion. Every member when present must vote, aud every ordtuunce or resolution shall require, on final passage, a majority vote. Any ordinance or resolution may be lu troduced and passed at auy oue meeting of the Board, saving and excepting ordin ances gruutlng franchises, and except as otherwise provided In this Charter. All ordinances shall be read three times; pro vided, however, the Board may dispense with tbe second or third reading upon a majority vote of tbe members present. o ordinance snail be passed finally on the date It is Introduced, except in the case of public emergency, and then only when requested by the Mayor In writing and by unanimous vute. No ordinance mak ing a grant of any franchise ur special privilege shall ever be passed as an emer gency measure. Hie enacting clause of all ordnances passed by the Board shall be ns follows: "Be It ordained by the City of Salem." The Board of Commissioners mav. In Its discretion cause any ordinance to be pub usiiiMi in a uauy newspaper oi me city. Sec. 52. Record of Ordinances A true copy of every ordinance shall be numbered nnd kept lu a book marked "Ordinance uecoru. nnd authenticated tiy tbe signa tures of tlie Mayor and City Clerk, and the ordiiiauces Initiated by the people shall be recorded in a Hepurate book.. Sec. 53. Approving of Ordinances Dpon the passage of anv ordlnuuce It shall be attested by the City Clerk, and signed by at least two members uf the Board approv ing i ne same. see. 04. ruhllcatlon of Charter and Ordluniicos The Board shall, as speedily as may be. and In any event wilhlii oue year from the time of ils organization under this Charter, anil from time to time there irter and not li-ss than once In four years, cause all ordinances at such times in force to lie classified uuder atitironrlnte heads. and to be published lu book form, together with or separate from the Charter nud such provisions or the Constitution nud Laws of the State as the Board may deem expedient. Sec. C5. Power to Create Offices and to Remove The Board shnll hnve power from time to time to create, fill and discontinue offices, and employments other than herein prescribed, according to tlieir Judgment of the needs of the City, and may by majority vole of all the members remove any such officer or employe except ns otherwise pro vided ior in mis act ; nnu may py reso lution or otherwise prescribe, limit or change the compensation of such officers or employes. sec. Mi. Appointment 1 lie Mayor up points the licudB of each depart incut, nnd all other employes lu the service of the City, but only upon the recommendation of the Commissioner of the appropriate depart nient. lu case uf niiolutiuent to offices In his own department, the Mayor shall sub mil his appointments to the vote of the Bin i d. Sec. 57. Quarterly Statement The Hoard sbull cause to be printed quarterly in newspnpers or pamphlet form, u state incut of all receipts and expenditures of the Clly, and a short summary of its pro ceeilings during the preccdnig months, und furnish printed copies thereof to tlie pub lie library and to persons who shall apply therefor at the office of tbe Clerk. Sep. 5S. Leases and Sales The Hoard shall have no power to make nny lease of City property, the opernllou of which will extend over two years, nor shall It luivT tiny power to sell, iibanilon, grant or other wise dispose of nny right or title of the City the consideration of whclh shall ex ceed the Bum of $2uuii.00. without referring same to n vole of the people at u spelcal or gem-nil ofl'lelnl election. ARTICLE VI. TUB MAYOR. Sec. 59. Duties, Authority, ' Powers I he .Unvol' ''olitnsloie- spoil I- lite '-'ll executive officer of the Clly and president of Hie Board. lie shall take care that this Charier and tin- ordinances ot the Cltv are ilolv en forced wlht lit the Cltv and lls Inrlsillclliui. He shall sign all contracts, bonds or other Instruments requiring the assent of I bn Clly and take cure that the Biime are duly performed. All legal process against the City shall be served upon tho Muyor or Acting Mayor, us per section 40. He shull be charged with the general oversight of all 'departments, boards and commissions of the City, He shall be ex officio a member of each board, commission or body created or au thorized by this Churter, or by any ordiu neiiee of the City. He shall loive III." ri:'l lo vote ot, ul questions coming before the Board of Com missioners. lie shull have power to appoint experts to examine the affairs of any officer or department of the City, wheuever he shall deem It necessary. He may require any officer or employe of the City to exhibit his books and papers Failure or refusal to exhibit books or pu llers so required shall uu ground for re uioval. He shall hnve nnd exercise such powers prerogatives unit authority us are conferred hy the provisions of this Churter, or as may he not inconsistent with Ihe generul purposes uud provisions of tills Charter, but shall not have Hie power to veto any ordlnnuce or measure passed by tbu Coin mlssloners. At the end of Ihe fiscal year, nud six months thereafter, he shall employ tin accountant at a sllimluled coiiipensutlon. who shull examine the books, records and reports of nil officers uud employes who receive or disburse Clly moneys, and the books, records und reports of such other officers uud ileiartineiils us Hie Mayor mny direct, nud iiiuke trlpiii-ute reports tiiereof and present one each to the Mayor ami vice president, ami file one with the Clerk, Such iii-coiiiilaiit shall have unlimited prlv liege of Investigation to examine under oath or otherwise all officers, clerks und employes of the City, aud every such of fleer, cierk and employe shull give all re quired usslstunce nnd Inforinutloii to such uccoiiuiiipt, nud submit to him for eium Illation such hooks and papers of Ills of flee lis limy be requested, and fuiliire to do so sbull be ground for removal. The Bounl shull provide for the payment of the Her vices of such liceolllllaill. ARTICLE VII. EXECI'TIVE AM) ADMINISTRATIVE DEPARTMENTS. Sec. CO. Distribution The executive and administrative powers, authority and du ties of the clly. not otherwise herein pro vlded for, shall be distributed n lining three dcirl incuts, as per section 37 and sec Hon 3m.. Sec. ill. lionrd Assign Dulles The Hoard shall determine and assign the duties of each Commissioner lu his department ; sliull prescribe the duties of officers iiinl employes; may assign particular officers mid employes to one or more of the depart ments ; may require an officer or employe lo perform duties lu two or more depart ments, and may make such other rules and regulations ns mny he deemed necessary or proper for the efficient and economical von duct of the business of the Cltv. Sec. 2. powers of Commissioner The Commissioner for each of the department! shall have the supervision nnd control of nil the affairs nud properly belonging to Sllcll fletiorlrnerir ev.-enl aa t.t I.,.,,, lu.. Lvlded ill this Charter, or by ordinance, sub rJeet to such regulations ns mny be pre i scribed by the Hoard. He may employ. nn oiDi-unme or ueieguie lo anv Stlpordllllltl the power te employ and discharge da) luitorers and unskilled workmen. Sec. C3. Office Hours It shall be the hue ,.f e-i'-b I ' n to i.e-1. ,, ., ,liit. regular hours nt the City Hall, ond person ally suM-rInlend the affairs of his depart merit. Sec. (if,. Publicity Records and Reports Each of said Commissioners shall keep a record book In which shall be recorded a brief but comprehensive record of all de partment affairs under bis charge, and mnke quarterly reports as provided In sec tlon 57. Each Commissioner shall also make nnd keep a complete Inventory and perma nent record of all the personal property of his department and wfmt dlNnfMlih.n if !any, has been made of the aame. Sec. (15. Newspaper nnd Publication Fees All printing of anv kind relatlnr to nuh llclijr affairs or publications required or authorized by this Charter, or bv general law or by nny ordinance or resolution, shall lie puid for only at the lowest business rates. Sec 6. Inventory Tbe Board shall pre pare at the end of each fiscal year a full inveutory of all real estate and personal roierty of the City, showing to date all improvements and increase ot value of said real and personal property in each service. The operating expenses of the year must : be balanced by a special account. 1 ARTle'I.K VIII DEPARTMENT No. 1 PUBLIC AFFAIRS. I Sec. (ii. Ihe Mavor Commissioner shall : have charge of all public affairs ot tbe City which shall not lie specially deflued In this Charter and represent the City at 1 large for all questions pertalnlug to its welfare, , FINANCE. I Sec. 68. Fiscal Yeai- The fiscal venr I ui me vliy suau commence on tne Iirst day of January and end on the last day of December of each year. The cash bal slices oi me city snail ne Kept on deposit in such batiks doing Intslness in t1'- Ctivof Salem as the Hoard from time to time shall direct, provided that such fund shall not ne ueposited in any bank established less t'han three 13! years urlor to uiakime such dcs,slts. o demand Tor monev ami list tlie Cltv shall lie approved, alluwed, audited or paid unless It shall be in writing, dated, aud sufflclentlv itemized to ideiilil'v the emeu. dlture and shall first lie audited hy the I Commissioner at the head of tlie depart ment creating me same, aud approved by Ibe Board. All payments shall he made bv warrants I which shall It- signed by the Mayor ami. oue Commissioner. Sec. tilt. Supplies Each Commissioner ' sunn procure uu supplies needed uy its department. Such requisition shall he lu writing and duplicate kept ot same by carbon copy. In case of emergency where the estimated cost exceeds two hundred I -'Hi dollars, such requisition shall have the Indorsement of one other 'otunnssio. c If no emergency exists, a reoulsttlon for supplies, the estimated cost ot which is 'llmve one hundred ilOOi ,h, lines shall first be approved by the Board. Whenever he considers it practical and advantageous the Commissioner shall udvertise hv cir cular letter or otherwise for competitive proposals. sec. 70. Annum Est mate of I'rolinble Expense On or before the first Monday In December lu each year, the Commissioners and the appointed hoflrds and appointed commissioners of the City, shall furnish io me jiayor CHiiiniites In writing or the probable exliense lo be Incurred In their several depart ments for the ensuing fiscal year, specllylug In detail such probable expenditures, including a statement of the salaries or their subordinates. T hese state ments shall Include the amount required to meet the interest, sinking fund and matur ing Ponds ut the outstanding liideblislncss of the City, und also an estimated slule- ineiit ot the nliiolinl of revenue lrom all sources. Including tax levy. Sec. 71. Annual Bui iret From such es timates the Mayor shull, ou or before tlie third Monday lu December of each venr. and prior to the time for fixing the county tax levy, nuiKe n budget or tlie estimated amounts require! to puy tlie expenses of conducting the business of the City govern ment: ior me next ensuing year, -rue puugct shall be prepared lu such detail as to the aggregate sum and tne Items thereof al lowed to each department, office, board, or commlssoin, as the Board may deem ad visable. The Board shall on receipt ot the budget. consider and adopt the same with such uiiieiidiiietits as the Hoard may direct. Ihti Board shall also In adopting the said budget, estimate ami declare tbu amount uf money necessary to he raised py l in levy, tuning into account the uiiiouutH available from other sources to meet the expenses of the Clly for Ihe ensu ing iiscui year, piisen on the budget so adopled. Said budget nud esllmule as fin ally adopted shnll be signed by the Muyor and Clerk nud kept on file. M-c. i j. Aiproprlul lolls- I pon lite Intsls of Ihe budget as adopled und (lied Hie seyertil sums sliull forlliwltb be tip'proprl alcd by ordinance to Hie severul purposes therein tuiiiied for the ensuing flscnl year. Said ordinance shall be adopted not later lliau the I Ii lity -first day ol liecemher In each year, and sbull be entitled "The Au iiuul Appi-oprim ton ordinance." Sec. 73. Levy The Itoiird shall fiu-th-wilh proceed to mnke by ordinance the proper levy not to exceed 1il mills upon etich dollar of the assessed vnliiiillnn of nil taxable property within the City-, such levy represent lug the unuiiint of luxes for t'lty purposes necessary to provide for all properly itiithoi-led dciiiauds upon the City. The Bounl shall thereupon cause the loltu levy to be certified by Hie Clly Clerk lo the county clerk, who shull exlend the suld tux lu a proper column upon the county tax roll, nnd tlie snme shall be collected by the officer colleciiug the cniiuly tax and sliull be by him turned over to the City Treasurer within ten (IU) days after he has collected the stiiue : provided. Hint the tux levy as certified up to the County Clerk shall be in oue sum nud shall be entered In a column headed "Salem Tux." Neither Hie Sheriff, nor tlie Tux Colleclor of Marlon County, nor suld county shall receive fees or compensation for collecting such tuxcti. If the Board full III auy year to iiiuke said tux levy us ubove provided, then the rule iuat fixed shall be the rule fixed for the ensuing fiscal year. 'The amount required tu uiuke payment of any Interest, sinking fund ur principal of bonded Indebtedness may he included In uud met by tux levy, except us otherwise provided for lu this Churter. The truing power shall be used for mii ulclpul purposes only, und uu doiuitlons, subsidies, or bonuses shall' be grunted from the people's mouey. Sec. 74. No Llablllly Without Appro priation Neither the Hourd nor any of fleer or employe of the City shnll have authority to uiuke any coiiiruct involving Hie expenditure uf public money, or Impose upon the Clly uuy liability to puy mouey unless und null) a definite amount ot money sliull liuve been appropriated for the liquidation of all pecuniary liability of the Clly under such contract or lu conse quence thereof tu mature during the period covered hy the appropriation. Such con Iracl shall be "ub initio" null und void its to Hie Clly for uny oilier or furl her lla lilllly; provided, first, Hint nothing herein coutuliied shull prevent the Hourd from contracting liability for payment of nny expense, the lieeesslly of which Is caused by uuy disunity, iici-ldi-tiL or unfoi'seeii colli Ingeticy arising nfter the passage of the aiiuuui upproprlution ordlnuuce; pro vided, that Hie toial amount of such ex pense shull not exceed tbu sum of $10,1)0(1 during uny one fiscal year. This section shall not apply to contrncts or liabilities for the making of nny iinprovemenis the cost of which shall be ussessed upon the properly especially bellellled by suld llll proveiuelit. Provided, further, Ibe Board may luake such special iipproprlal Ion us may be necessary to pay the salaries and defray Ibe expensea ot llll llepiii'tiiieins, officers uud employes of the cuy during the year lb 1 2, nnd may cause to lie issued witi-i-aiits for the payment Ihereof, and may make kiicIi upproprintlous of the gen eral funds of the Clly for subi yeur us Ihev may deem expedient and uuy actual necessary expenses either for ptiyineut of blllcers salaries, employes or ngepls, of the City, during said year shall not be deemed and considered within the liniitu tbuiH uf indebtedness herein provided. Sec. 75. J, linltath.n of City Indebted ness - Except as herein otherwise provided, no luilchieduess sbull be Incurred, nor bonds Issued for the purpose of milking uuy improvement, mull tho question of incurring such liidehtedness, making such lliiprovi'ineiit mid tbe Issuance of bonds therefor shall be submitted lit U general or special election called for such purpose, lo Ibe iiinll'ilcd electors uf said City, uuil no such Indebtedness shall be incurn-d, nor any mi, m hotel he issued unless nl such eli . lb. n hvo thirds (2 3) of Ihe qunlllled eh, u r, r. ting tu iiinh elctjoi mi v.,,,. Ill favor Ihereof. Tbe Commissioners may, whenever deemed necessary, cull u special clod ion for the purpose of sillilnillilig lo (lie qilllllfled electors of the City the question of Incur ring an Indebtedness, or making any lui provement nud Ibe Issuance of hotels for t In? purpose uf raising funds to meet such Indebtedness 'or muke suld Improvement, aud tlie Commissioners shuli, upon petition of the number of qualified electors of the Clly as required by the generul ordinance of the Clly regulating such mutters, cull a speciul election to submit the quest Ion of incurring an Indebtedness, or making improvements, or for the Issiiunce of buiida to pay fur the same. See 70. The Clly shall not b .me In- debtcd for any purpose or in any manner to an amount which. Including existing ludebt I. .ess, shall exceed four (4) cr cent of Ibe assessed valuation of the taxable prop erty wltlilu the Clly, as shown by 'the last preceding assessment for Clly purpose ; provided, however, Hint in determining tbe limitation of tho City's power to Incur indeiiiediics there shall uot lie Included bonds issued for the acquisition, construc tion or repair of water, light or other pub lic utllltes, works or ways from which the city does or will derive a revenue, nor any H-clal assessment for Improvement of si reels, sewers, etc., for which tbe property specially benefited thereby shall be repou sible as provided lu section 87, nor lo Isiiuls issued under what Is known na the Hiineroft Bonding Act, nor lo refunding bonds. , Sec. 77. lb-funding Bonds For the pur pose uf filii'llng any bonded Indebtedness of the City of Salem, the City of Salem Is authorized and rmiwered to issue and dispone of bouils of the Clly. of denomina tions of from one hundred to one thousand dollars, as the purchaser may desire, under the seal of the City of Salem, with the Interest coupons attaebed thereto with the signatures of the Mayor Commissioner aud at least one of the other e'ouimlssloners engruved thereon, and having attached therein the seal of said City of Salem whereby the City shall be held aud consid ered, lu siilisitiuce nud effi-cl to undertake and promise, lu consideration of the prem ises, to pay to tlie bearer of each of said bonds, nt the expiration of twenty years from the date ihereof. the sum named herein. In gold coin of the Pulled Slates, together wiih Interest Ihereon In like coin, at u rule ion greater than five tS) per cent per annum (the rate of Interest to be fixed by the Hoard I, payable half yearly us provided in said coupons. Before such refunding Ismds can be sold, tbe Hoard shall cause to be Inserted for two weeks, lu a newspcuer publlslusl In the City of Salem und nt leasi one paper In New York Clly making a specialty of such matter, nil advertisement Inviting sealed bids for the purchase of en Id refunding bonds. Such refunding bonds shall be sold only to the highest bidder for cash, aud shall nut be sold for less than their par value. All Istnds Issued anil disposed of under this provision shall he exempt from taxation. Sec. 7S. Sinking Fund The Board of Cuiiimlssluiiers shall provide In each de- pari i it of the Clly for a sinking fund lo redeem nil existing Indebtedness. Said sinking fluid not lo exceed five per cent per milium of the original bond Issues, and such fund shall be Invested whenever prac ticable in bonds of the City of Snleui, State or Pulled suites Honda. POLICE" AND POrSD. Sec. 79. Board Established Police and I'. - . 1- -1 he i,iii,i sum 1 1, pi eedl, in-tee. pro vide for the establishment and maintenance of a Police Department and Pound, cun slstlng ot such employes aa it may deem necessary. This department shnll be under tho su pervision of tne Mayor. MUNICIPAL COURT. Sec. 8t). Establishment There la hereby established within the City of Salem a Municipal Court, and the Cltr Clerk shall lie by virtue of his office. Municipal Judge, and shall act as such, assisted by the city Attorney whenever necessary. Aud iu ewe of the absence of the Clly 'lerk llio Hoard shall appoint some soluble pet son to act ami serve us .Municipal Judge. Sec. HI. Jurisdiction Said Municipal Court shall have jurisdiction over all vlo lull. .ns of Clly onltiuuccH uud may hold to bail, flue or commit persons found guilty thereof, ami the law governing tiie prac lice of justices courts lu the State of Oregon shall apply ns fur ns applicable tc. all piineedlngs In such court. All person accused of violating cllv ordinance sua, be tried without n Jury, miles the defend ant on deiuiiiidlng a Jury shull deposit In court a sum siiificlcuf to pay (he per diem of such jury for one day. Witnesses lu said court shull be entitled to mi compeii hiii Lui for their alteudiince, unless the cum mlssoiucrs by ordluuuce sbull otherwlst provide. The Municipal Judge shall have powei to punish witnesses uud in hers for eon tempt by n Hue not to exceed f2,"i.U(l, ol 111 default of the payment of such fine, bj Imprisonment In tlie city jail one (I) dnj for each f2.ou ot such fine. ITHLIC BUILDINGS. Sel. 82. Tbe Mayor shall have the su pervlslnn and control ot all tbe public buildings. There shnll he apiMilntcd lu the ninnnei provided In this Churter all such assist. ants and employes us may he or become necessary to tbe efficient iidmliilstrntion of this department of the City's government Sec. S3. Inspection of Pluces of Amuse meat Whenever the Hoard grunts any II cense or authorization to the owner ur lessee .of any theater, show, circus, or building erected or occupied for amuse ments or gathering ot the public, anld li cense or authorization shall be given sub Ject tu uu Inspection ns tu the safety ol such buildings or places of gathering made by the comiulssoluer of bulldlugs or his ib-puly. The Mayor shall enforce this sec tluu. PARKS AND LIBRARY. Sec. 84. The Muyor sbull have the au lervllon nud control of the parking and shade trees of the City, and all matters referring to parks nnd library and subject to the provisions of the laws of the State of Oregon. IENERAL SUPERVISION. Sec. 85. The Mayor shnll have general supervision of ull other officers aud uffulrs uot now defined. ARTICLE IX, DEPARTMENT No. 2 HIGHWAYS AND SEWERS. Sec. 8(1. The Comiulssolncr of Deunrt incut No. 2 shull. have the supervision and control ur uu Mlreels, highways, lanes, al leys, municipal works, sewers, drains, rlv er a dams uud pilings and bridges, uud all liupi-oveiiiciils cuticeriilng the Hume, except buildings and us olherwlsu provided In this charter or by ordinance. There sbull be appointed lu the manner provided in nils ( barter, ull such assist ants and employes us may be or become necessary lo (he efficient ailinlnlsllutlon or this dcpiiriinent uf the Clly a goveru me nl. See. 87. Iinprovemenis nnd Assessments 1 lie term "sLrcet us used lu tills Char ter, sbull bo construed to menu any street, avciiue. boulevard, alley, lime or tnorough- fnre which Is now or may hereafter be opened, eslubllshed or dedicated to public Use. , (n) The term "Improve" or "Improve ment" n used In this iirllcle-shull be con strued to menu uud Include uny uud all grading, paying and nil manner uf public luiprovcuieiii of simllur kind or nuture, null including sowers, slorin sewers, tbe cnaiigiug. estuiiiisiiing, vucnntig or open ing, luylug out, widening, altering, extend ing, or closing of uuy street, lane, alley ur Uolllevul'd. (bl The Hourd of Cummlnlsoners, when lever It may deem It expedient ur uecessury uuil any impruveiiiciit be iiniue, is hereby niilhoi-1ci! und empowered lu order nnd cause such Inipruveeinnt or luipriiviiieenls to pu mtiiie ; tu determine uie kimi, ctuir ucler uud extent thereof, to levy and col lect ussessmeiiiM upon all lots und parcels of laud Hpecliilly benefited by such Improve ment, to ilcfruy the whole ur auy portion of the cost ami expense thereof, und to iieiermiue wnui mud or lols or parts there of uru specluily benefited by such Improve tin tit, anil the amoiiiiL to which each lot or parcel of laud Is so benefited, and to fix uud dctcrnilno the district upuu which sucn ussessmeiii hiiiiii bu levied. lo) The procedure in ordering and car ryplg lo eomplelloii any uud ull improve mepis the cost of which shull be assessed against the property benefited thereby, and tne manner ol collecting nssessiiieiils shall lie Hotel mined by the Hoard of Colllllll : Hiotiers, except us herein otherwise pro I vldeil ; provided, however, that not less i than ten days prior to tho commencement of construction of nny proposed improve ! mi-tit for Hie cost of which nny special . assessment shall be levied Htiid Hoard sliull : cause notice of such proposal Improvement to be published fur a period of uot less : 1 1 1 ii ii rive duys In a dully newspaper In said Clly of Salem, which nolcle sbull sub I slunlhilly describe the proised liuprov meiit, the extent thereof. I he iiroliiilile total i cost a theretofore cHtluiutcd, and a de Hcrlplloii of tbe lots or parcels ot land, or 1 nssessineiit dlslrlct to be affected thereby. Any irregtibirlty, misprint, or like mistake happening through liiudvertuuee. und nut of Itself operating lo uuy malerlul or sub Klautlal Injury of any one shall uot Rival blate uny Much procedure. nil Wllblii 20 days after the first pub I lea I Ion of such notice the owner of prop . erty ti be affected by such Improvement mi V flo ill the orrice of tbe clerk written ohleclloll ol reuiolislruilces llgalllst mild , proposed Improvement, which objections shall be considered uud determined by said Itotiid, it in I If such remonstrance Is not so filed within said time by tbe owner of more tbau two third (2 3 in arcs of Hie property within such assessment dlHtrlct all proceedings therein had shall be deemed conclusively due nud regular, uud said Hoard shall be deemed to nave acquired Jurisdiction, with power to complete suld Improvement sud to lew and collect the assessment f,ir the cost aud expenses there of ; uud If nuch remoiisl ranee shall be si. filed by the owners ot two third (2 3) or more of such property, Hiich Improvement sbull pot be made III tbe expense of Hie Pa or parcels of laud lo be asai-Hucd for the cost of Hiild lliiproveineul. If such i reinoiiHi i-imce sbull be flb-d a aforcHald. Ibe same shall be n bur to any further pr.H'eedtng In tin- making of said Improve incut for n period of four mouth, unless the owner of two thirds (2 3i or more of the property affected ns aforesaid shall Milhseiielilly petition therefor; provided. however, that where the proposed Improve ment I the construction or repair of any newer or drain, the Hoard may by uiiuiil moil vote order the eoiiMtrucllon or repair uf such sewer or drain notwlthstuiidliin such reinoiitrurirc. lei There Rhall be also created a docket of clly Hens. (fi Whenever the cost of nn Improve ment which 1 to be ssHeMsed upon tbe property Hpeelally benefited thereby Is ilefl- nliely known and determined, the Itonrdnf Comiulssloiier shall apportion the cost unit expense of such Improvement In Accordance Willi ibe Hpc-lal benefit derived by each lot or parcel of land, and shall set a time for bearing aud determining tbe levylug of inch assessment and shall causa sottc to be given by publication la a newspaper In the City uf Salem at least five day, which notice shall state tbe approximate .-. --'-". v. ,ui cui.io luioi-uveuieuci sou the amount of the assessment, proposed to be made on each lot or parcel of land, describing tbe same, and the time when th aame will be considered by the Board. After tbe first publication of such notice, aud until the date ot such hearing, th owner of the property affected by such assessment may file objection, and may be present at such hearing aud present such objections. The Board may. whenever It deems It expedient, provide for other uot ce to be glyeu, provided, however, that notice by publication as aforesaid shall b deemed due aud legal notice. nuer me nine specified by said notlc bus ehinsed. the r.i--.i h0ii ' " . . . " r ? proposed assessment and acceptance, and - loereio, ana snail nave - - --.." . , wceriaiu tag n. termlne the same and the amount of th special and peculiar beneflta accruing to each lot or parcel ot land ao assessed bv reason nr mn.-h lmn...vun...b - - . ..... I . , -. i ... ..it u l aiuu auau de clare the same by ordinance. i n i l i i, p Ul,!r!0'. or parcel of - ""n"! io ue oeuerited by such Improvement to the full amount of the assessment levied thereon. si co assessment shall be held Invalid bv reason nt full,,... . . - ---'- v vuicr iuu name ox the owner of any lot, part thereof or par- i --mra. or oy any mistake In the name of the owner or the entry of a name oilier than the name of the owner In such assessment, or In any act or pro- wucvlrU luerewun, ana no delav. mistake, error or Irregularity In any act or i T . '"'I'loYemeni snail impair or Invalidate any final assessment, but the same nnv ha .,.A.nn ,, amended acts or proceedings. eluent lb) Wheuever any assessment for anv Improvement has been or may be let aside -menU."reV,,V 7 told- " ' "r p,H ii Mf"8ed bjr ?n' court competent ursdlctloii. or whenever th BoarJ may uo in doubt as to the validity of any such assessment, the Board shall have aid ar. ---!-- j-t.-a ut an r luca im- provement uud to re-assess the properlv benefited by such Improvement. l'pelJ, (I) From the date of entry of anv as essmeiir In -,..1.1 H. "--- -Ain oi ciiy uens. tns to"l,"2 .i'f'i'i.,!'""' ',1nbJ' declared lo or aet r .eii. J 1 , r , 1 ot '"ua therein forth, and said lien shail have nrlorltv over ull ..tlid. iiA..- . iiCUI Buu mcuniDrauces Incumbrances slum ...,rh hJ ' "w1.. """meut eutereq . , "v ,,v" ""i-ici buhii 09 out and payable from the dole of such entry, and im P". ir boaiW'1 Provided bv law. . J o"i iu uaie t aucn i'ury i " '""""ler be deemed rae r .t Z; " '"1" ' " " ,n ,e, .. . "mum. (J) ihe Board of Commissions ar hereby empowered and authorised to en force nflviiLint A..ii.,..n..n u. vuiiiT, Hon ui any ana ail assessments or taxes levied under th Dro vhdoiiB of this Charter, and, except a herein otherwise provided, auld Board shall K.. ....... v to oveiiure, means and manner of en ftirel n a ,i .,,, n .,i . ...B n,j,ucln vi i-uiie.iiuu oi aucn assessments or taies. (Kt wiieu auy assessment upon any lot Hurt- I lMru.tr .unn..i ..J l' . i ,, e'ntii vi inuu ueconie delinquent, uuy persuu having any valid lieu llntiien iimu nl u... 7 - j mij uim uetor sate of such lot or purt thereof, or tract of lllld nnv the mnu u.,,1 .....i. .. n i t,vu irajiuein sunn discharge the pioperty from the effect of - H...v.H,rul uu nII aut-ruiug costH and .hinges, it any wlieu so paid, tire tbet tier uo ..eeiueii a part ot sucn lien, creditor' lien, in, wiieiuer ine same be by Judgment. de .. i . "" oiurinriae; nnu anail ar Interest a,.,l be etiioi-ced aud collected '(. I. lin-l Itll, , a .UUiUJIrtBIUUt9ni QHII Uav.i ihiwit to order or provide for tU an. of uny property for Huy uupald a metis lllent or tl. Ill iaaai st m.. I ' . v. .... nflicel of liii. 1 yitn 1 1 h. ".l"1 ; i.M ci'wrai.tjiv, una for a sum uot less than th uupald assess. . , -ii T ' r . " mierest anu cost ot advertising and sale, and where there shall be more I bun ntt. Kl.l l.. i..i , suld tu the bidder offering t take tbe same for-lha l..ut ........ " . . : - v "- oui'iuiii ol penally anu interest. A sale of real property uuder the prov slons of this Charter convey to the purchaser, subject to redemption, all - ;;,- , V or claims tnerein or llleretn. nr mil na,..n a. ... . . i-,ii ui ociBuua wuom together with all rights and ippur tennncea thereunto belonging. No levy upon fii0' tpareei ot la"3 ""all be required week. hnfTiei. .,..i. U" POll lour i "'," ,"'"',' "iiuu every ioc or parcel of land when the assessment la to llll intlrnAuiti n,nH On) All unpaid assessments for any on Improvement may he Included in ou ad vertisement nud notice of sale. (n) The Board shull provide for the manner of keeping due and correct record of ull such sales and the nainea of pur chasers and the manner uf Issulug certifi cate uf purchase aud the form thereef. (o) All sales for or to sathify any delin quent usciueut must be sold for lawful money of the United States. In case any property remain unsold upon auy aale. th sitnie may again nl Ihe discretion uf the Hourd, he offered for sale. (P) The owner, or bis legal representa tives or successors lu Interest, or any per son having a Hen by Judgment, decree, mortgage or owner of any tax lien upon any property ao sold, may redeem the same upon conditions provided as follow: Ite ileinplbin of any real property sold for de linquent assessment may be made at any t line within three years from the date of the certificate of sale by paying to th offcler appointed for that purpose by the Hoard the purchase price, and ten per cent thereof as penalty, and interest on tbe pur chase price at the rate f ten per cent ,.. . ......... ..v.., unio ui aiicu ceriiii- cate. Where redemption shall be made by II, u lt,,l,li,n . ... II.... l. , ., , i r . . l" UH snail nave tn right to have such redemption noted upon the record of his Hen. Provided, however, that It redemption la made within three mouths frum the dale ot sale, tbe penalty lo be paid shall be five per cent. Such redemption shall discharge til property so sold inuu Ihe effect ot such sale, uud If made by a lieu creditor, the amount paid . irurmjiiiim aunii wiereittier b deemed a part of bis lieu, and shall bear 1111.111,1 ,i uy on euiurceu aua col lected a a purt thereof. Ol) After tbe expiration of three years from (he date uf such certificate of pur chase, if no redemption shull have been made, the Hoard of Commissioner shall ..... ... ,..u "' ma urin or as signs, a deed of conveyance, containing a , , ,(,,eny num. me utile of thu sale, u statement of the amount bid, of Hie Improvement for which Hie assess ment wan miide, of the yeur In which the assessment was levied, that the assessment or tux was unpaid at the time of the sule uml nn full,,,,, ,. I. .,, I ......t.. - ..... .,,i"ii i,. ,,t,eu innue, ami such deed sbull not need to contain any in, liter reciiiu oi 1110 prececduigfl prior to Ihe sale. The efrect of such deed shall be to convey to Ihe grantee therln named tbe legal and equitable till in fee simple to tlie property In such deed described, and such deed shall be prima facie evidence of , n, gmiiii.1.. nnu unit ail proceeu lugs and nets necessary lo make such deed ... .,.. , a-""' nun Tumi nave ueeu hud iiinl done, uud such pslinti facie evi dence shall not be disputed or overcome or rebutted or Ihe effect thereof avoided except by satisfactory proof of either 1. I-in ii I lu making the assessment or In the collection of tbe tax. 2. Payment of the assessment or tax be fore Hie sule, ur redeuiutiou after the sale: or 3. That puymi-ur or redempllon wa pre vented hy ft uml of tbe purchaser; or -I. Thut the property was sold for au iiNsessuient or lax for which neither suld properly, nor tbe owner thereof, at the time of llio sale wit liable, uud that no purl of the assessment or lax was assessed ,1- levied upon the property sold. .'. Every anion still or priseedlng which may be ctiiiiiueuced for the recovery of laud winch sbull have been sold for an asses meiit or tux, or to quiet title of (he former owner, or his suefessors In Interest, agnliiHt su'h sale, or to remove Ihe cloud thereof (except in case where the assessment or lax for which (he land bus been sold was pnld before ITfe sale, or tlie land redeemed as provided by law) shnll be commenced wllblii three years from the time of re cording of the deed, und not thereafter; and In nny such anion, suit or proceeding Ihe party claiming lo be the owner, as against the parly claiming under such ule, must tender wllh hi first pleading the iiiiouut ot the purchae price for which tlie land wits sob) by said Clly, together with penalties prescribed by law lu such -uses, iiinl nil Ihxc uud iisseHsineul levUtl and iniide agnlust or upon the land or uny part thereof, which shad have been paid afler sucli sale by the purchaser at m ll sale, or his heirs or assigns, together with Interest thereon nt the rate of ten per ceut per annum from the respective time f the payment uf such purchase price, taxes and HsseHsiiieiii hy each purchaser or his heirs ur assigns, up to the time of filing such pleading to be puid such purchaser, lis llellH or ssslgliM. Ill case Hie right or title of such purchaser at such sate shall fall In such action, suit or proceeding. I. Neither the City ot Suletu nor any offcler thereof, shall Is liable for any por tion of Die custs or expenses uf any street work or Improvement or the construction or repair of any sewer or drulti which la -assessed upon the property benefited there by, by reason of luublllty of said City to