St. Helens mist. (St. Helens, Or.) 1913-1933, March 28, 1913, Image 2

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    Notice to Voters of St Helens
Notice U hereby given that at the
regular city election to b held on he
, an day of April. 1813. the following
proposed charter amendment w?" be
',1,,ed to h. voter, of h. eft
of 8t Helena for their approval or
mendn ent is contained in a resolu
l. 15 Uy,of Mh. 1913. which
proposed resolution Is in words and
figures as follows, to-wlt:
Resolution.
BB IT RESOLVED by the Com
tnou Council of the City of St. Helens,
in Columbia County. State of Oregon,
that there be and herehv la ihnntuH
to the legal voters of the City of St.
Helens at the regular municipal elec-
V"" l" " id City on the Tth
day of April, 1913. for their adoption
or rejection, an amendment to the
barter of the City of St. Helens, be
lli? n menlnient of Section 8. of
napter IX of the said Charter relat
ing to tne WATER COMMISSION, and
each voter who votes upon said pro
posed amendment shall vote "YES"
or "XO" in answer to the following
question: "Shall Section 8 of Chapter
IX of the Charter of the City of St.
Helens be amended ?" which amend
ment reads as follows, to-wit:
CHARTER AMENDMENT SUB
MITTED TO THE VOTERS
BY THE COUNCIL.
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
or tne Secretary of State, February
io, ijw, as amended.
BE IT EXACTED BY THE PEOPLE
UK THH CITY OP ST. HELENS
AND THE CITY OF ST. HELENS
WK8 ORDAIN AS FOLLOWS:
That Section 8 of Chapter IX of the
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, 19. as
amended, be and the same is hereby
uuieuueu 10 reaa as follows, to-wit:
Section 8. Said Water Commission
shall at all times hove a p.uDnt
who shall be selected from their own
number, and the City Recorder shall
foe. ex-offtcio the Secretary of said
Commission, and in the absence of
one or ooth of said officers the vacancy
may be temporarily filled oy the mem
bers of the Board then present. Said
Board shall adopt a seal: and a ma
jority of the members of said Hoard
shall constitute a quorum for tiie
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
tne city or bt. Helens, within ten days
immediately preceding said election.
Passed by the Common Council this
J7tn dny of March. 1913.
Yeas W. O. Muckle, J. H. Cronkite
ana jonn 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 or Marcn. 1913.
Martin white. Mavor.
JOHX 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
St 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 Chap.er IX of the
Charter of the City of St. Helens be
amended?
NOTICE TO VOTERS OF ST.
HELENS.
Notice Is hereby given that at the
regular city election to be held on the
Tth 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:
provement warrants or bonds of the
City of St. Helens, or other warrants
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 Commissioners
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 ci'y 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. 1 axes levied un
dor 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
lease once in the official newspaper of
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. G. Muckle, J. H. Cronkite
and John Philip.
Nays None.
Not Voting S. C. Morton.
make plans and specifications for a
suitable Improvement and estimates or
the work to be done, and the probable
cost thereof, and the City Engineer
will file such plans aud sivcclticution
and estimates with the City Recorder.
If the Council shall find the same to
be satisfactory It shall approve and
adopt the same, and shall determine
the boundaries of the districts bene
fited by said improvement and to be
assessed therefor, aud the action of
the Council in the, creation of such
assessment district shall be final and
conclusive. The Council shall, bv
i resolution, declare Its purpose of mak
Ing said Improvement, describing the
same, and denning the boundaries of
the assessment district 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 its In
tention to improve the street or
streets, and directing publication of
notice thereof, may all be done In one
and the same resolution.
RESOLUTION TO RE PUPLISHED
AND KEPT OF RECORD.
gon." filed In the office of the Secre
tary of State, February 25. 19. as
thereafter amended, relating to streets
and alleys, their grade aud Improve
ment.
Shall Chapter X of the Charter of
the city of Si. llejens be amended"
HM Ye
105 No.
l. ilejens by
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. GAGE, Recorder.
The Ballot title and number of said
proiosed measure will be as follows,
to-wlt:
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
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 thereafter
amended, relating to the Water Com
mission. Shall Section 13 of Chapter IX of
the Charter of the City of St. Helens
be amended? ' f
102 Yes. , , 1 a' V
103 No. 1
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 rejec
tion, which said proiosed charter
amendment is contained in a resolu
tion duly passed by the Council on the
lith day of March, 1913, which pro
posed resolution Is In words and fig
ures as follows, to-wit:
RESOLUTION.
RE IT RESOLVED by the Common
Council of the City of St. Helens, in
Columbia County, State of Oregon,
that there be and hereby is 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
ah 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
said Charter relating to streets and I
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: snail Chapter x or 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 Chanter X of the Charter of
the City of St. Helens. In Columbia
county, ana state or 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 2
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:
(2) The resolution of the Council
declaring its purpose 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
vear, unless the owners of such ma
jority of real property, aforesaid, shall
sooner petition therefor.
JURISDICTION OF COUNCIL
WHEN ACQUIRED.
(4) If no objection or remonstrance
be made and filed within the tune des
ignated, or if any remonstrance be
filed and is not legally signed by the
owners of a majoritc of the real prop
erty in such District, the Councill shall
be deemed to have acquired jurisdic
tion to make said Improvement, and!
the Council may thereafter, within
sixty days from the date of publication
of said notice, provide by ordinance
for making said improvement, whtcn
shall conform in all particulars to the
plans and specifications previously
adopted, and shall Ox the time in
which said improvement Bhall 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 proiosals for making said im
provement. The date for receiving
RESOLUTION.
BE IT RESOLVED by the Common
Council of the City of 8L Helens, In
Columbia County, State of Oregon,
that there be and hereby Is 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 Tth
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 said Charter relat
ing to the Water Commission, and each
voter who votes upon said proposed
amendment snail vote YES or "NO
In answer to the following question:
"Shall Section 13 of Chapter IX of
the Charter or the City of SL Helens
toe Amended?" which amendment reads
as follows, to-wit:
CHARTER AMENDMENT SUB
MITTED TO THE VOTERS
BY THE COUNCIL
AN ACT
To amend Section 13 of Chapter IX of
tne 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 OTegon," 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. HELENS.
AND THE CITY OF ST. HELENS
DOES ORDAIN AS FOLLOWS
That Section 13 of Chapter IX of the
c-narter of the C ty of St. Ho ens. In
Columbia County, and State of Oregon,
entitled "An Act entitled An Act to
incorporate the City of St. Helena In
Columbia County, and 8tate of Ore
gon, riled 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-wlf
Section 13. The Commissioners
hall apply all Income from the said
system of wafer works first to paying
... iiTauriK expenses, extensions and
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 tne city of St. Helens, in Colum
bla County, and State of Oregon," filed
in the office of the Secretary of state
February 25, 1889. as amended, be and
the same is hereby amended to read as
roiiows, to-wit:
CHAPTER X.
STREETS AND ALLEYS. THEIR
GRADE AND IMPROVEMENT.
DEFINITION OF TERMS.
oTOiiun i . i ne term "Street as
used in this chapter, shall be con
strued to mean any street, avenue
boulevard, alley or land which is now,
or may nerearter be, opened or dedi
cated to public use, and the terms
"Improve" and "improvement" as used
in tnis chapter In reference to streets
shall be construed to include all grad
ing or regrading, macadamizing or re-
macadamizing, graveling or regravel
lng, and all manner of bridge work
and roadway Improvement or repair
ami an manner or constructing of
crosswaiKs, witnin any of the streets,
or any part of any street within the
City of St. Helens.
GRADES.
Section 2. The Common Council haa
power and authority whenever it deems
expenent. to establish or change the
grade of any street, or part thereof,
now or hereafter laid out or estab
lished within the corporate limit. f
the City. The original establishment
of a grade may be made bv ordinance
and shall not require any notice and
tne tne city Engineer shall keep a
record of all such surveys.
IMPROVEMENT OF STREETS.
Section 3. The Council, whenever It
may deem It expedient. Is hereby an.
inonzea ana empowered to order the
whole or any part of the streets of the
City to be Improved, to determine the
of land specially benefited by such im
provement, to levy and collect an
assessment iifion all lots and parcels
of land special! ybenefited 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 Improve
ment ana tne amount to which each
lot. parcel or tract of land is bene-
nted, and the procedure for the Im
provement Of a street shall he na fr.l.
lis no,
PROCEDURE.
less than ten days after the first ad-
vertimement therefor. The projiosals
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 iminise 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 loweBt
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.
(6) I pon completion of anv 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 thereon to cut
down or fill up such street In front of
such property according to sucn 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 rront 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
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 Iff. Helens, within ten davs
Immediately preceding said rloetlon
Passed by the Common Council this
17th day of March. 1913
Yeas W. G. Muckle, J. If. Cronkite
and John Philip.
Nays None.
Not. Voting S. C. Morton.
Submitted to the Mayor on the 17th
dav of March, 1913.
Approved by the Mayor on the 17th
day or March. 1913.
MARTIN WHITE, Mayor.
JOHN Q. GAGE, Recorder.
The ballot title and number of said
NOTICE TO VOTERS OF ST.
. HELENS.
Notice is hereby given that at the
regular city election to he hcl I on the
7th day of April. 1913. the follow nig
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 pro
K)sed resolution is in words and fig
ures as follows, to-wit:
RESOLUTION.
HE IT RESOLVED, by the Common
Council of the City of St. Helens. In
Columbia County. State of Oregon.
that there be and hereby Is submitted
to the legal voters of the City of St.
Helens at the regular municipal ela
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
the said Charter relating to SEW r.KS
and DRAINS, 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
amendment reads as follows, to-wlt:
CHARTER AMENDMENT SUB
MITTED TO TIIE VOTERS
BY THE COUNCIL
AN ACT
To amend Chapter XI of the Charter
of the City of St. Helens, In I olum
bla 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 Slate, February 25.
ISS'.t, 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 XI of the Chartfr of
the City of St. Helens, In Columbia
Countv. 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 the Secre
tary of State. February 25. !Si9. 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 the public
health. Interest and convenience may
require, to order to be constructed and
laid all sewers and drains with all nec
escarv manholes, Inmplioles, cafen
and opening proposals shall be not I basins, branches and laterals, and 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 to deter
mine what lands are specially ocne
flted 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 relay any sewer
or drain, the Council shall require
from the City Engineer plans and
specifications for an appropriate sewer
or drain, or both, with all necessary
catch-basins. manholes, lampholes,
branches ami laterals, and estimates
of the work to be done and the proli-
able cost thereof, and the City En
gineer shall file such plans, specifica
tions and estimates In the office of the
Citv Recorder. If the Council shall
find said specifications, plans and esti
mates to be satisfactory it shall aj
prove the same, and shall determine
the boundaries of the District 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 It
puroe 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 the 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 spec in
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.
PUBLICATION OF RESOLUTION
NOTICE.
Section 3. 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
AWARDING CONTRACTS-ACCEPTANCE.
Passed by the Common Council tills
17th day ot March. Ii'l-t.
Yeas-V. G. Muckle, J. II. t rotikie
and John I'tilllp.
Nats None.
Not Voting -S. C. Morton.
Submitted to the Mayor on the l.tn
day of March. 1913.
Approved by the Mayor on the l.th
day of March. I '.'13.
MARTIN WHITE. Mayor.
j.'IIN IJ. GAGE. Reorder.
The ballot title and number of Bald
proposed measure will bo as follows.
to- it : ......
An Act to amend Chapter M of the
Charter of the City of St. Helens. In
Columbia -County, and State of Ore
gon, entitled 'An Act entitled All Act
to Incorporate the City of St. Helens,
lu Columbia County, and State of Ore
gon. tiletl 111 tne omce oi me .--.---
tarv of State. February -.. l"v.
thereafter amended, relating to M-.w-
KUS and DRAINS.
Shall Chapter XI of the Charter of
the City of St. Helens be uuiended '.'
lot Yes. ,
107-No. , 'l V 1
NOTICE TO VOTERS OF ST.
HELENS.
Notice Is hereby given that ut the
regular city election to be held on the
7th day of April, 1913, the following
iiromiHed charter amendments will be
submitted to the voters of the City of
St. Helens for their approval or rejec
Hon. which said promised charter
amendment is contained in a resolu
tion duly passed by the Council on the
17th day of March. 1913. which pro
posal resolution Is In words and fig
ures as follows, to-wlt:
RESOLUTION".
HE IT RESOLVED by the Common
Council of the City of St. Helens. In
Columbia County. State of Oregon,
that there be and hereby Is submitted
to the legal voters of the City of St.
Helens at the regulur 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. Il-.deiis. to
be known ns Chapter XIII of sab!
Charter, authorizing special assess
ments for the Improvement of streets
and the construction, reconstruction
or repair of any sewer, and each voter
who votes uim)I1 said proposed amend
ment shall vote "YES'' or "NO" In an
swer to the following question: "Shall
tho Charter of the City of Si. Helens
tie amended by Inserting Chapter
Xlll?" which amendment reads as fol
ows, to-wit:
CHARTER AMENDMENT Sl ll
M1TTED TO THE VOTERS
BY THE COUNCIL.
AN ACT
To amend 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 Oregon," filed
In the office of the Secretary of
State, February 25, 1SS9. as uuiended.
by Inserting a Chapter In said Char
ter after Chapter XII thereof, which
new Chapter shall be designated In
the Charter ns Chapter XIII, author
izing special assessments for the
improvement of streets and the con
struction, reconstruction and repair
of any sewer.
BE IT ENACTED BY TIIE PEOPLE
OF THE CITY OF ST. HELEN'S.
AND THE CITY OF ST. HELENS
DOES ORDAIN AS FOLIWS:
to-wit
An Act to amend Chapter X of the
Section 4. Within twenty days from
the date of the publication of the no
tice as required 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 raid pro
posed sewer, and the Counel upon
hearing said remonstrance may. at Its
discretion, discontinue proceedings In
said mntfer, but the Council may over
rule any and all remonstrances and
oMeetlons, and shall have power and
authority to order the construction of
said sewer or drain or the repair or
relaying or the same, and within three
months from the datp of publication
of its previous resolution, may, bv or
dinance. prov-Mo for the same, which
shall substantially conform to the
plans and specifications previously
adopted. Upon the approval of said
ordinance by the 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 and accepting work as Is provided
In the manner of street Improvements
RESOLVED, further. That the City
Recorder be and he Is hereby Instruct
ed and required to publish this resolu-
i 1 ",a Jrem; sec-
I'onam mni .1 . "' water m Wnenevee thm -.., " a or mo fa ana required to publish this resolu-
'ner iorMtttf U T TBr ,'tnet' f.r Pwv T'v".'' ' to '"""-P""' Cltr of Bt. Hln.. Cltr ot 8U Helen., w"hf InJ, ASSESSMENTS CONFIRM ED
H im-'rs-ouUon. direct f Cr Bnfine.r to'jn Columblm Countr. mnd But ot Orw.LUUl,p'nUldltloZ BctloB f K.ch loioLrt '
That the Charter of the City of St.
Helens, ill Columbia County, and State
of Oregon, entitled "An Act entitled
n Act to Incorporate the City of St.
Helens. In Columbia County, and Slate
of Oregon." filed In the office of the
Secretary of State, February 25. 1WJ.
as amended, be nnd the same is hereby
amended by Inserting the follow ItiK
Chapter therein after Chapter XII
thereof, which Chapter shall be known
as Chapter XIII.
CHAPTER XIII.
SPECIAL ASSESSMENTS.
ESTIMATE OF COST AND Al'I'OIt
TIONMENT; NOTICE.
Section 1. Whenever any street Im
provement or the construction, recon
struction or repair of any sewer, any
part of the cost of which Is to be as
sessed upon the property benefited
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 If
In the progress of the work It has
been found necessary to make any
alteration in said estimated work for
any cause whatsoever, the City En
gineer shall file a corrected estimate
In detail of such work and the Cltv 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 by
reason of their use of the streets) iinon
lots, parts of lots and parcels of land
benoflted thereby and within the as
sessment district. The contract price
riasen upon tne estimate of the City
Engineer, the costs of rlifhts of wv
and expenses of condemning land and
sum not to exceed eight ner cent nf
tne contract price as the cost of al.
vertising, engineering and superin
tendence, shall be deemed to be the
cost of every sewer or street Imnrove-
Went. When the City Recorder hnu
ascertained what he may deem a Just
apportionment of said cost. In accord
ance with the sjieclal and peculiar
benefits derived by each lot or part
thereof and parcel of land, the same
shall be a proiiosed assessment, and
the City Recorder shall give notice of
the same by publication In a news
paper published In St. Helens, and
stating that said proposed assessment
has been made and Is on fll In bla
ortice and sunjert to examination, nnd
mat any objections to such apportion
ment that may be made In wrltlnn- in
me council and tiled with the City
Recorder within ten days from ih
first publication of such notice will ,..
heard and determined by the Council
before the passage of anv ordinance
assessing the cost of said improve
ment or sewer.
ASSESSMENTS OF BENEFITS.
Section 2. After the time snecinefl
In said notice has elapsed the Council
shall consider said proposed assess
ment nnd nil objections matin thereto
and shall have the power, nt Its dl
return and without any further notice
to consider, ascertain nnd determine
the amount of the special and peculiar
nencms accruing to each of or imn
thereof or parcel of land so assessed,
by reason of the construction, recon
struction or repair of said sewer or or
the Improvement of said street or part
thereof, and If the amount apportioned
by the City Recorder to any lot or part
thereof or parcel of It nd shall not be
In Just, proportion to sucn benefits, the
assessment against such lot or pnrt
thereof or parrel of land shall be so
reduced or Increased by the Council
. , . i ..1...11 l. il..Mllieil lo
or pan-el u lanu riiuu -
be l.eliellt.d by I h" '"' on-..-
.mi, -ilmi or repair or si reel
nm.mvci. t. s the case limy be. to
I he full amount of the assessment '"
led thereon.
MISTAKES IN 1'ROCKKDINGS.
o i..- j Vn such assessment shall
be' held invalid by reason of failure lo
enter the name Id IIIO ow .er ...
or part of lot or panel of land so
.L'sscd or by mistake In the name
of the owner, or the entry or a name
... i .mi nf the owner, I"
tuner iiiuii i . . ....
......I .nt or III HH.V ads or pio-
.... ... "... i ...I therewith, ami !"
ceeuuiK" -
....i ...i....u..s errors or Irregular!
ties 'in anv act "or pr.s-ceding In the
,,rove.ii. nt of a street
-.,..,.ti.... ..f a sewer or drain ahull
prejudice or Invalidate any tin.il n
i.,. i be same may b rem.'
senaiii.-.i.t , .1 i,
died by subsequent Olid Ull'cipled lots
or proceeding.
PKOCKEMNGS PRESUMED
KEG I' LA It.
Section 5. In any action, suit or
proceeding In any court concerning
any assessment of property or i.-j
..i authorized by this Charter, or
the collection of such tax or proceed
lug consequent thereon, such assess
ment levy. nns.-pient proceeding, anjl
all proceeding colilieci.-.i m.-i.- ...
shall he presumed to be regular nl
to have been dulv don., or tukell until
the contrary Is shown.
DOCKETING AND PUBLICATION OF
ASSESSMENT.
Section . When an assessment has
been declared by ordinance It shall be
the duty of the City Recorder to enter
a statement of said assessment III the
Docket of City Lien, to furnish n
copy of said assessment to the City
Treasurer, mid semi by mall to each
person whose property Is assessed or
to his agent, a notice of suld asses
ment. when the imstoftlce addrrss of
such person or Ms agent l known to
the City Recorder, nnd If such lt
office address be unknown, to the City
Rm-order, such notice shall be directed
to such person or agent, at St. Helen,
Oregon.
DOCKET OF CITY LIEN'S
Section 7. The Docket of City Liens
Is a book 111 which iiiiihI be cntcri-d the
following matter In relation to special
assessments for Iim-iiI Improvements:
The date of the entry, the number or
letter of each lot assessed and the
number or letter of the block or which
It Is a part, and the description of
each unplatted tract or parcel of laud,
the sum assessed upon each lot or part
thereof, or tract of land, mid the na
of the owner, or that the owner Is
unknown: iruvhbd that failure to en
ter the name of the owner or a nils
lake In the name of the owner, or en
try of a name other than that of th"
true owner In such Docket shnll not
render uny assessment void, nor ulTi-ct
the ll.-n on the property Intended to be
subjected thereto.
LIEN OF ASSESSMENT. PAYMENT.
Section S, The Ixx-ket of Cl'y Lb-iu
Is a public writing and record. Mini
from the date of the entry tin rein of
an assessment the sum as entered Is
hereby declared to be a tax levied anil
a ben upon such lot, part thereof, or
tra t of land, which lien shall have
priority over all other lien and en
cumbrances whatsoever thereon, and
the sum or sums of money nssessed by
any local Improvement, entered upon
such I. ten lokct, shall be due and
payable from the date of such entry.
and ir not paid, or bonded as provided
by law, within thirty davs from the
date of such entry, thereafter the sume
shall be deemed to he delinquent and
shall bear interest at the legal rute.
.1... m..I.i and a deaerli.l .l
' lnw
etui lots or part-els of real property t
be sold. I he amount of the asse,,,,,.,)
or tan-, Interest to date of ul nI
penult lea accrued against a n
sud th name of tlis owner. If knows
or ix-rsoii. If any, lo whom ass.a,,
hut If thers be no naimpr la brL
hiii h notice can be published for a r
sonable price, such notices of sale, pyjl
(alnliig the sama matter a herald
before set forth, shall be postij ,
four public places In said city,
four weeks before said sale, sua JT
. , i .. .. .. ui,uii i
tlces o given shall hava th.
force slid effect as though lh a,
had been published is above provide
In that case the Marshal or pern,,,
to w hom I bo w arrant is directed shall
iM-fore making such sale, file In ,ul
office of the Cit Recorder a copy f,f
said not ice, with his crrtllb i )a,
dorsed thereon, set Hug fiirth that ijltf
notice had I n ikjsI.hI In four puliC
place In said City four weeks befura
i he sale, which certificate shall ba
presumptive evidence, of ths f.,.,.
therein stated, and of th furt thin
publication In a liewspan-r on th
term In-relniiefore set forth could not
be obtained.
RETURN OF OKFfCEIlr FORM OP.
Section U The return of the ofllt-.r-
executing the warrant must specify
the amount for which su.-ti lot or pr
eel of real property so sold and tli
num.) of I he purchaser.
FORCE AND EFFECT OF WAR.
RANT.
Hi-ctlon ir. Such warrant shall hit
the force and effect of an exocutlua
against ' real property, and shall U
executed In like manner, except
herein otherwise specially provided.
CERTIFICATE OF SALE.
Section 11. The City Marshall .h.ll
Immediately after having sold any rral
property by virtue of such warrsnt
for the collwtlon of delinquent tatrs,
mukn a certificate of sale of (he prun.
erly so wibl. setting forth (herein ths
object for which the sale was mads, a
IcHcrlptlon of the proerty sold, s
atatement of the amount rwwlvnt
therefor, the Improvement for which
the assessment was made, the amount
of such Ink or assessment, the tmtis
of the titirchaw-r. and that the sals
ws made subject to redemption within
three year from the dale of the cr
tlllcate; and shall deliver such certlfc
cute to the purchaser. The owner or
his sui-cssois in interest, or uny per
son having a lien by Judgment, ihs rw
or mortgage on any property so sold,
may redeem the sntn.i upon the condi
tions provided lu lh next section.
HEDKM PTION.
Section 17 Redemption of any n-.it
property sold for delinquent Bases.
ment or taxes under th provisions of
this ud mav be made by the paylne
to the City Recorder for the purchnarr,
at any nine within three year frutn
I he date of the certificate ut sale, th
pun-base price, costs, and .-n per rent
additional, together with six per n-nt
Interest ukvii the purchase price from
the date of such certificate, and the
amount of any taxes paid thereon by
auch purchaser, and Interest thereon
from the date of their payment. Such
reilemptl in shall discharge the prop
erty so sold from the effect ot uch
sale, and if made by a Hen rredl'nr
the amount paid for the redemption
shall thereafter tie deemed a part of
his judgment, decree or mortgage, as
the case may be. nnd shall bear Ilka
Interest sud may tie enforced and col
lected as a part thereof.
MARSHAL'S DEED.
PAYMENT OF LIEN CREDITOR.
S.K-tlon ! When nn assessment
upon any lot or part thereof l is nines
delinquent, any person having a lien
thereon by Judgment, decree ci mort
gage, or having purchased the same
for any dellipient tax or assessment,
may ut any lime before sale of such
lot or part thereof, pay the same, and
such payment discharges the property
from the cnVrt of the assessment, and
tne amount or such delinquent taxes
Section IX. After the rxplrntlos of
three year from the dote of such cer
tificate. If no redemption shall liar
Ik-i-ii made, the City Marshal shall exe
cute to the purchaser, his heirs or s
slgtis, a deed of conveyance contain
ing a dcaerliHion of the prowrty snld,
a statement of the amount bid, of lb
Improvement for which the assess
ment ws made, of the year In which
the tax wa levied, that the assess
ment was unpaid st the time of the
sale, and that no redemption had been
made; and the effect of urh deed
shnll be to convey to the grantee
therein named the legal and equitable
and all accruing costs and charges. If "He. In fee simple, to the real pro;v
my, when so paid. Is thereafter to be
deemed a part of such lien creditor's
Judgment, decree, mortgage or tax lien,
as the case may be, and shall bear In
terest and may be enforced and col
lected as a part thereof.
If tne holder of any tax lien or claim
pnys off such assessment he may
thereafter present the receipt to the
officer who shall have charge of the
tax roll docket containing the record
of the tax sale at which he purchased
such proiierty. and thereuiHin such
officer shall make a note of the amount
of such assessment .so paid by such
purchaser and shall exact repayment
thereof, together with Interest as
atiove prescribed, from any person
making redemption from such sale and
no redemption shall dim-barge the
property from the effect of such ssle
which shall not Include the amount of
such assessment paid by the purchaser
aner tne purchaser shall have pr-
senieu me receipt as above prescribed.
ASSESSMENT; WHERE PAID.
Section If. All such assessment.
shall be paid to the City Treasurer,
who shall file duplicate rerelp'a there
for with the City Recorder, and th.
City Treasurer shall keep all money
collected upon each assessment in a
separate fund, and the same shall not
n used ror any purpose other than
that for which It Is levied and collected.
WARRANT FOR COLLECTION.
Section 11. If within thirty days
from the date of entry of an assess
ment In the Docket of City Liens the
sum assessed upon any lot or part
thereof Is not wholly paid to the City
Treasurer and a duplicate receipt
th. rotor filed with the City Recorder
the Council may thereafter order a
warrant, for the colli-ctlon of the same
to be Issued by the City Recorder, di
rected to the City Marshal or other
person authorized to collect tuxes due
to the City.
SAME FORM OF.
Section 12. Such wnrranf must re
quire the person to whom It Is directed
to forthwith levy upon the real proih
erty against, which such assessment
was made, or against which cut h as
sessment Is a lien, and soil the same
in th., manner prescribed In the next
section hereof, and to return the pro
ceeds of such sale to the City Trea
urer and the warrant to the City He
rorder, w,h his doings endorsed
"7,."' "c,',h"r l'h the receipt of
the City Treasurer for the proceeds of
such sale as paid to him.
NOTICFJ OF 8 ALE.
Section It Immediately upon
that It shall be In Just proportion to wlvlnic such warrant the Marshal or
such benefits, but In no case ahull n person to whom the Sftme la dirontn.l
such assessment exceed such Leneflta 'iall proceed to give notice nt (),. .i'
Tk. f II a , . . ..tnf 1... . . . n'.i
. i .nan men aeciare said I"' " r parcels or real prop-
eh Ik,"1! t0 1)8 IX't'Hshed once
f . fr fo"p ""csslve weeks
K.co lot or part th.,'. notic. uulZT 'TrtJ'h
erty In such deed described, and such
deed shall be prima facie evidence of
title in said grantee, and that all pro
ceedings and acts necessary to mak
such a deed In all respects good and
valid have been hnd and done; such
prima facie evidence shall not be dis
puted, overcome or rebutted or the
effect thereof avoided except by atl
factory pror of either (I) fraud In
making the assessment or collection
of the tax; (21 payment of the assess
ment or tax before sale or redemption"
after sale; (31 that payment or re
demption was prevented by fraud of
tne purchaser; or Ut that the prop
erty was sold for assessment or tax
for which neither said property nor
the owner, at the time of the sale, ws
liable, and that no part of the assess
ment or tax was assessed or levied
umn the propvrty sold.
ESTATE CONVEYED I1Y MAR
SHAL'S DEED.
Section 19. A sale of real property
under the provisions of this Act con
veys to the purchaser, subject to re
demption as herein provided, all the
estate or Interest therein ot the owner.
wnetner known or unknown, together
with all the rights and appurtenances
thereunto belonging.
TIME WITHIN WHICH ACTIOS
SHALL COMMENCE.
Section 20. Every action, suit and
proceeding which may be commenced
for the recovery of the land sold by
the City Mnrshal of said City for any
assessment or tax except In "
where the assessment or lax for which
the land was sold had been nald hefore
the sale or the land redeemed as pro-
viood by law, shall ba commenced
within three years from the time of
the recording the deed as executed by
the City Marshal, and not thereafter.
REASSESSMENT.
Section 21. Whenever an assess
ment for the opening, altering or grad
ing of any street, or construction, re
construction or repair of any sewer, or
for ntiv local Improvement which has
been or mav hereafter be made by the
Ully, has been or shall hereafter be
set nslde. nnnulloil ,l..,l..rr,,l nr ren
dered void, or Its enforcement refused
ny any court of this st,.t.. nr n Fed
eral court having jurisdiction therein,
wnetner directly or by virtue of any
decision of such court, nr when the
Council shiul be in doubt ns to th"
vaiiuity or such assessment or any
pnrt thereof, the Council may, by or
dinance, make a new assessment or
reassessment uimn the lots, blocks, or
percels of land which have been bene
fited by such Improvement to the ex-
ent of their respective and propor
tionate shares of ths full T,ll(, thereof,
xuoh reassessment shall bo based upon
ho special and peculiar benefit of surtl
Improvement, to the ss.n ,nia
of land assessed, at the time of ll
original maklnn, but shall not exceed
(Concluded on pi
JCD