Jacksonville post., June 19, 1909, Image 6

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such part thereof as will not materially conflict with the completion of the paid the surplus, or bis legal representatives, heirs or assigns Is entitled to annum from the date of such certificate; provided, however, that if the
remainder thereof, but said council shall have the tight to reject any or al! repayment of the same by warrant on the city treasury, payable out of redemption be made within three months from the date of sale, the
penalty to be paid shall be five months. Such redemption shall discharge
proposals received. It shall be the duty of the council to fix the time with­ the fund raised for such improvement.
Section 112.
Whenever the assessment for any local improvement the property so sold from the effect of such sale; and, if made by a lien
in which every such improvement shall be completed, and it may extend
such time should the circumstances warrant.
The council shall have which has been or may hereafter be made by the city, has been or may here­ creditor, the amount paid for the redemption shall be thereafter deemed
power and authority to make written contracts, to receive and approve after be set aside, annulled, declared, or rendered void, or its enforcement a part of hi3 judgment, decree or mortgage, as the case may be, and shall
all bonds authorized by this section, to provide for the proper inspection refused by any court of this State or any Federal court having jurisdiction bear like interest, and may be enforced and collected as a part thereof.
Section 122. After the expiration of three years from the date of such
and supervision of all work done under the provision of this section, and to therein, whether* directly or by virtue of any decision of Buch court, or
do any other act to secure the faithful carrying out of all contracts, and when the council shall be in doubt as to the validity of such assessment, certificate, if no redemption shall have been made, the marshal shall
the making of improvements in a strict compliance with the ordinances and or any part thereof, the council may, by ordinance, make a new assess­ execute to the purchaser, or his heirs or. assigns, a deed of conveyance con­
ment or re-as3es3ment upon the lots, blocks, or parcels of land which taining a description of the property sold, a statement of the amount
specifications therefor.
Section 103. Whenever any street improvement is completed in whole have been benefited by such improvement to the extent of their respective bid, of the improvement for which the assessment was made, of the year
or In part to the satisfaction of the city surveyor, he shall file a certificate and proportionate shares of the full value thereof. Such re-assessment in which the assessment was levied, that the assessment was unpaid at the
of the completion and his approval of such work completed with I ho re­ shall bo based upon the special und peculiar benefit« of such improve­ time of the sale, and that no redemption has been made; and the effect
corder, who shall thereafter post notices in two places along the street ments to the respective parcels of land assessed, at the time of its original of such deed shall be to convey to the grantee therein named the legal
and adjacent to the work to be accepted, slating therein when the accept­ making, but shall not exceed the nmount of such original assessment. In­ and equitable title in fee simple to the real property in such deed described!
ance will be considered by the council, and ul that time or at any time prior terest thereon from the date of delinquency of the original assessment may and such deed shall be prime facie evidence of the title in such grantee,
thereto any owner of any Interest in, or agent of any property within the be added at the discretion of the council. Such re-assessment shall be and that all proceedings and acts necessary to make such deed In all re­
assessment district of said improvement, may appear and file objections made in an equitable manner, 33 nearly as may be in accordance with the spects good and valid have been had and done, and such prima facie evi­
to the acceptance of said improvement and such objections shall be con­ law in force at the time it is made, but the council may adopt a different dence shall not be disputed, overcome or rebutted, or the effect thereof
sidered and the merits thereof determined by said board, and if it appear plan of apportionment of benefits when in its judgment essential to pro­ avoided except by satisfactory proof of either;
1. Fraud in making the assessment or in the collection of the same.
that said work or improvement has been completed in accordance with the cure an equitable assessment. The proceedings required by thl3 charter to
2. Payment of the assessment before sale, or redemption after sale.
specifications and contract, the board shall require the same to be com­ be had prior to the making of the original assessment shall not be required
3. That payment or redemption was prevented by fraud of the pur­
pleted before accepting it. Said notice to be posted shall he posted for to be taken or had within the intent of this section. Sqch re-asses3ment
chaser; or
at least five days before the acceptance of the work shall be considered by shall be made and shall become a charge upon the property upon which the
4. That the property was sold for an assessment for which neither
the council. Whenever any work or Improvement is accepted the recorder same is laid, notwithstanding the omission, failure or neglect of any officer,
said property or the owner thereof at the time of sale was Hable, and
shall endorse its approval on the certificate of the city surveyor, and after body or person to comply with the provisions of this chapter or on account
that no part of the assessment was assessed or levied upon the property
the assessment therefor is made and docketed the mayor and recorder of any irregularity or defect, whether the same be jurisdictional or not.
sold.
shall draw warrants on the fund created for said improvement and in favor No re-assessment shall be made in case of an Improvement which has been
Section 123. Every action, suit or proceeding which may be commenced
defeated by unanimous vote of the council. The council shall, by resolu­
of the parties entitled thereto.
Section 104. Whenever the grade of any street has been established, tion, declare the district that will be benefited by the improvement for for the recovery of land which shall have been sold by the marshal of
the council may authorize the owner or owners of any property thereon to which the re-assessment is made and shall direct the recorder to prepare a the City of Jacksonville, for any assessment, except in cases where the
cut down or fill up such street in front of such property according to such preliminary re-assessment upon the property included therein within a assessments for which the land was sold have been paid before the sale,
grade, under the direction of the city surveyor, at the expense of such time to be fixed by said resolution. Upon the passage of such resolution or the land redeemed as provided by law, shall be commenced within three
owner or owners, but the authority mentioned in this section cannot be the recorder shall, as soon thereafter as such re-asse3sment is prepared, years from the time of the recording the deed executed by the marshal.
Section 124. Whenever the owner or a majority of the owners of the
granted after notice has been given by the council of intention to improve forthwith mail to the owner of each lot or part thereof, or tract of land,
the street in front of such property. In giving such authority the council affected by such assessment, or to his agent, a notice of such assessment, property fronting on any portion of any street in the City of Jacksonville
may Impose such Lerms and conditions thereon as may be necessary to se­ stating the^Jn the time when the council will hear and consider objections shall petition the council In writing to cause the said street to be sprinkled
cure the deposit jf earth or other matter excavated from the street upon to said assessment by parties aggrieved thereby, and warning such pqgpons at the expense of the owners of the property fronting on said portion of
any part thereof which muy need to be filled, and to charge fees for said not to depart until such re-assessment has been completed, if the post office said street, the council may, in its discretion, cause said street to be
permit to cover any expense incurred by the city in the survey and Inspection address of either such owner or his agent be known to the recorder, and sprinkled either by acquiring the necessary equipment and causing its ser­
If such post office address be unknown, then such notice shall be directed vants and employes to sprinkle said portion of said street or by entering
of the work to be done.
Section 105. Whenever any improvement enumerated in section 95, to such owners or agents at Jacksonville, Oregon. And In udditlon to this into a contract with any other person or persons therefor, and may cause
any part of the cost of which Is to be assessed upon Jhe property benefited notice the recorder shall also publish or post such notice as provided in the cost thereof, including the reasonable value of the use of any equipment
thereby, is completed in whole, or in such part that the cost of the whole Section 113 upon the original assessment. The owner or owners of any furnished by the city qnd the value of all water furnished by the city,
can be determined, the city surveyor shall certify to the recorder the ac­ property which is assessed on such assessment, or any person having an to be assessed against the property fronting on said portion of said street in
curacy of the original estimate of the work to be done, or if in the progress Interest therein, may within ten days from the date of the notice herein proportion to the respective frontage of said property on said portion Of shill
of the work it has been found necessary to make any alteration in said provided, file with the recorder their objections In writing to such assess­ street. The council may provide by otdiniltice for the manner of levying
estimated work for any cause whatsoever, the city surveyor bhall file a cor­ ment. At the time and place appointed in such notice the council shall and collecting of such assessments:
Section 125. The council may provide by ordinance for the payment
rected estimate in detail of such work, and the recorder shall apportion hear and determine all objections that have been filed by the party in
the cost thereof (except the share to be puid in case of street improvements interest or that may be made at said time. The council shall have power of any assessment or assessments levied or made in accordance with this
by railroads or street railway companies, by reason of their use of the to adjourn such hearing from time to time and shall have the power in its chapter in installments and for the issuance of bonds for the unpaid assess­
streets as provided by their franchise) upon the lots, parts of lots, and discretion to revise and correct, or to set aside and order the re-making of ments as provided in Chapter V of title KXV1I of Bellinger and Cotton’s
parcels of land benefited thereby and within the assessment district. The such,assessment, and shall pass an ordinance approving and confirming Codes and Statutes of Oregon and all subsequent acts amendatory thereof
contract price based upon the estimate of the city surveyor, the costs of such re-assessment as corrected, and re-made by it, and such decision as far as the same may be practicable; provided, however, that the council
rights of way and the expenses of condemning land and a sum not to ex­ shall be a final determination of the regularity, validity and correctness of may determine what amount an owner of property must be assessed before
ceed five per cent of the contract price as the cost of advertising, engineer­ the re-assessment, except ns herein otherwise provided. When said re­ he can take advantage of the payment of the assessment In installments.
CHAPTER XV.
ing and superintendence shall be deemed to be the cost of every such im­ assessment is completed and confirmed, it shall be entered in the docket
Sidewalks.
provement. When the recorder has ascertained what he may deem a just of city liens and shall be enforced and collected In the same manner that
Section 126. It Is hereby made the duty of all owners of land ad­
apportionment of said cost, In accordance with the special and peculiar bene­ other assessments for local improvements are enforced and collected
fits derived by each lot or part thereof and parcel of land, the same shall under this charter and the laws governing the city. All sums paid upon joining any street, avenue, alley or other thoroughfare in the City of
be a proposed assessment. The engineering and advertising expenses to the former assessment shall be credited to the property on account of Jacksonville, to construct, re-construct and maintain in good repair a
be Included in the surveyor's estimate and paid for the same as the assess­ which the same were paid, as of the date of such payment; and when it sidewalk or sidewalks in front of said lands.
Section 127. The city council shall have power and is hereby authorized,
ment. It shall also be the duty of the recorder forthwith to send by mall, lias been attempted to sell property for any assessment and such sale is
postpaid, a notice of the share so apportioned and proposed to be assessed found or declared void, upon the making of the re-aiscssment, the property whenever it shall deem it proper, necessary, expedient or convenient for
to each lot or part thereof or parcel of land, stating that on a certain day shall be re-sold, and the proceeds of such sale shall be paid to the purchaser public welfare, to order the building, removing, laying, repairing,’ re-con­
at u certain time and place not less than — days subsequent to the of the former void sale, or his assigns; but no proceedings shall be in­ struction, cleaning or otherwise improving any and all sidewalks within
mulling of said notice and the publication thereof, as herein provldod, the stituted for such re-assessment unless within ten years of the passage of the city, and to require the owners, agents and occupants of abutting
property, upon the notice herein provided, to build, re-build, remove, lay,
council will consider said proposed assessment and apportionment and the resolution of intention for making the original improvement.
Section 113-14 The docket of city liens is a public writing, and the re-lay, repair, re-construct, clean or otherwise Improve the same.
will at that time hear any und all objections that may be made to the
same and will then proceed to ascertain and finally determine the amount original or certified copies of the matter anthorized to be entered therein
Section 128. Whenever any sidewalk shall have been ordered to be
of special and peculiar benefits accruing to each lot or part thereof or are entitled to the force and effect thereof; and from the date of the constructed, or any order made concerning the same, as in section 127
parcel of land and to assess the same thereon at said time and place, and entry therein of an assessment on a lot, part thereof or parcel of land, provided, the council shall prescribe In said order the material of which
which notice shall be mailed to the owner, If known, of each lot or part the sum so entered is to be deemed a tax levied and a lien thereon, which the sidewalk is to be constructed, the grade at which it Is to be laid, its
thereof, or parcel of land, or to the agent of such owner, directed to the lien shall have priority over all other Hens or incumbrances thereon width and everything in particular requisite and necessary for an intelli­
post office address of such owner or agent when such post office address whatsoever. A sum of money assessed any local Improvement hereunder gent apprehension of the sidewalk required.
Is known to him, and if such post office address be unknown to him, cannot be collected until by order of the council two weeks notice thereof
Section 129. Said order shall require that said sidewalk be so con­
then such notice shall be directed to such owner or agent at Jacksonville, is given by the recorder In the same manner and for the same period of structed within 30 days from the date of the date of the ser­
Oregon. And in addition to the mailing of the sal/ notice as above pre­ time as Is prescribed in Section 98 in regard to notice of a proposed assess­ vice of notice of said order as herein required. In computing said tiiAe
scribed the recorder is hereby required to publish the same once a week ment.
where the service is by mailing or publication as herein provided the
for two successive weeks in the official newspaper of said city or by post­
Section 115. If within twenty days from the first publication of the time shall begin to run from the date of mailing or the last publication of
ing the same in three public and conspicuous places of said city for a like said notice prescribed in Section 114, the sum assessed upon any lot or said notice.
period of time.
part thereof, or parcel of land is not wholly paid to the treasurer and
Section 130. Notice of any order requiring any sidewalk to be con­
Section 106. At the time and place so specified in said notice the a duplicated receipt therefor filed with the recordor, or the same is not structed, or any order made concerning the same, as in section ------- pro­
council shall meet and consider said proposed assessment and hear and de­ bonded as provided by law, the council shall thereafter order a warrant vided, shall be served upon the owner, agent or occupant of said property
termine all objection that may be made to the same, and shall have the for the collection of the same to be issued by the recorder., directed to the tiy delivering to such owner, agent or occupant a copy of said order cer­
power, at its discretion and without any further notice, to consider, ascer­ marshal.
tified to by the city recorder to be a full, true and correct copy of such
tain and determine the amount of the special and peculiar benefits accruing
Section 116. Such warrant must require the person to whom It is order and which service shall be made by the city marshal and proof of
to each lot or part thereof or parcel of land so assessed, by reason of said directed to forthwith levy upon the lot or part thereof, or parcel of land, such service shall be made by said marshal by filing with the recorder his
Improvement, and if the niuount apportioned by the recorder as aforesaid upon which the assessment is unpaid and bo delinquent and sell the same certificate as such officer fully setting forth the acts of such service and
to any lot or part thereof, or parcel of land, shall not be In just proportion in the manner provided by law and to return the proceeds of such sale to which certificate shall be endorsed on or attached to a true copy of such
to such benefits, the proposed assessment against said lot or part thereof the treasurer and the warrant, with his doings endorsed thereon, together notice served.
or parcel of land, shall be so reduced or increased by the council that it shall with the receipt of the treasurer for the proceeds of such sale paid to him.
Section 131. If in any such case any such owner or agent, after due
be In just proportion to such benefits, but in no case shall any such assess­
Section 117. Such warrant shall, for the purpose of making sale of diligence cannot be found or is unknown, or such owner is a non­
ment exceed such benefits. Should all the property embraced In the assess­ said real property on which assessments are delinquent and unpaid, be resident and has no known agent within the city, or the property or any
ment district as determined not be peculiarly or specially benefited by said deemed and held to have the force and effect of an execution against said parcel thereof is unoccupied, such owner may be notified by the publication
Improvement to the full extent of the total cost of the same, then and in real property for the amount of said assessments, Interest, penalties, and of such notice in not less than two successive Issues of a newspaper of
that case the amount of said total cost over and above the total special bene­ costs, and shall be executed in like manner, except as in this chapter other­ general circulation within said city and therein published. And if the
fits accruing to all of said property within said assessment district shall be wise provided.
address of the owner of said property or his agent be known the city mar­
paid by the city.
Section 118. The marshal shall within GO days from the receipt of said shal shall also. If personal service be not had, deposit in the postoffice,
Section 107. The council shall thereupon declare such assessment by warrant Bell the real property therein described and make due return directed to said owner or his agent, or both, at his or their place of resi­
ordinance and direct the recorder to enter in the docket of city liens a of the same within said time. Such sales shall be at public auction, to dence, a copy of said notice certified to by the city recorder to be a true
statement thereof, containing the following matter In relation to special the highest bidder for cash in hand, and shall take place at the front copy of said original. Proof of the publication of said notice shall be made
benefit assessments for local Improvements:
The date of the entry, a door of the building In which the council holds Its sessions. The marshal in the same manner and by the same persons or officers that proof of like
description of the lot or lots or part of lot or parcel of land, the sum assess­ shall give notice of such sales by publishing a notice thereof once a week service of summons is made in the circuit court of the State of Oregon,
ed on each lot or part thereof, or tract of land, and the name of the owner, for four consecutive weeks In a newspaper published in Jacksonville and provided, however, that the proof of the mailing of said notice shall be made
or reputed owner or that the owner Is unknown: provided, that failure to by posting like notice In three public and conspicuous places In said city; by the city marshal endorsing upon or attaching to a true copy of said
enter the name of the owner or mistake In the name of the true owner, or such notice shall contain a description of the parcel or parcels of land notice his certificate fully setting forth his acts in making such service.
the entry of a name other than that of the true owner In such lien docket, to be sold, and upon which such assessments are delinquent, with the AH proofs of service of the notice provided for In this chapter shall be
shall not render void any assessment, nor In nny way affect the lien of the amount of the assessment, Interest and cost to date of sale. Including cost Hied with the recorder within ten days from the date of such service.
City of Jacksonville.
of advertising due upon ench tract of land, together with the name of the
Section 132. If the owner, occupant or agent of any such land or part
Section 108. Each lot or part thereof or parcel of land, shall be deemed owner or reputed owner thereof, or the words, "owner unknown.” as the thereof shall fall, neglect or refuse to fully comply with said order within
to be benefited by the Improvement, whatever it may be, to the full nmount same may appear In said docket of city Hens, and shall also specify the the time designated, the council shall immediately proceed to make or
of the assessment levied thereon, and such assessment shall In such re­ time and place of the sale, and that the parcel or parcels of land therein cause to be made, under the supervision of the city surveyor and street
spect be final and conclusive except in case of actual fraud.
described will be sold to satisfy the assessment, Interest and costs due upon commissioner, all the repairs and construct all the sidewalks and every
Section 109. No such assessment shall be held Invalid by reason of each.
other matter or thing required in said order which the owner, agent or
failure to enter the name of the owner of any lot or part of a lot or pared
Section 119. All of said sales shall be made between the hours of nine occupant of said property has failed, refused or neglected to do.
of land so assessed, or by a mistake In the name of the owner. In said assess­ o'clock a. m. and four o'clock p. m., and each tract of land shall be sold
Section 133. The officers under whose supervision said sidewalks are
ment, or In any acts or proceedings connected therewith, and no delays, separately. If there be no bidder for any tract or parcel described In said constructed or repaired or otherwise improved shall keep an accurate ac­
mistakes, errors or Irregularities In any act or proceeding In the assessment warrant at a sum sufficient to pay the assessments thereon, with interests count of the cost of labor and materials in making the repairs or con­
of any of such Improvements shall prejudice or Invalidate any flual assess­ and costs, the marshal, if so directed by council, shall strike the same structing the sidewalk or otherwise improving the same in front of each
ment, but the sama may be remedied by subsequent and amended acts or off to the City of Jacksonville for the wholt amount of said assessment, lot, parcel of land or part thereof and upon the completion of such repair,
proceedings.
with Interests and costs to the date of the sale.
construction or Improvement such officer or officers shall file an Itemized
Section 110. If upon the completion of any Improvement it is found
Section 120. The marshal shall immediately after having sold any statement of the cost of labor and material required in constructing,
thnt the sum assessed therefor Is Insufficient to defray the cost thereof, real property, by virtue of such warrant, make a certificate of sale of such repairing or otherwise improving the sidewalk In front of each lot, part
»nd the amount charged to nny lot or part thereof, or tract of land, is less property so sold, setting forth therein the object for which the sale was thereof or parcel of land, together with the name of the owner, agent or
than the benefits accruing thereto, the council must ascertain the deficit, made, a description of the property sold, a statement of the amount It occupant. Such report shall be duly verified by such officer or officers, filed
and by ordinance re-assess the land benefited in excess of the original sold for, of the Improvement for which the assessment was made, the with the recorder and by such officer submitted to the council. Upon the
assessment. When the assessment for said deficit Is so levied the recorder year In which said assessment was levied and the amount of the same, approval of this report by the council, either as submitted or as corrected
must enter the same In the docket of city Hens in a column reserved for the name of the purchaser and that the sale is made subject to redemption or amended, the same shall become and be a lien upon such abutting prop­
that purpose. In the original entry, with the date thereof, and such de­ within three years from the date of the certificate, and then deliver such erty. and shall be entered by the recorder in the docket of city Hens,
ficit shall thereafter be a lien upon Buch lot, or part thereof, or parcel of certificate to the purchaser. The owner or his successor In Interest, or and shall be collected in the same manner as are Hens for improvements.
land, In like manner and with like effect as In case of the sum originally as­ any person having a Hen by judgment, decree, or mortgage on any proper­
Section 134. In case any sidewalk for any reason becomes impassable
sessed, and shall also be payable and may be collected In like manner and ty so sold, may redeem the same upon the conditions provided In the next or dangerous, or shall become so obstructed by snow, ice. mtid or other
with like effect as the original assessment.
section.
substance, or in any other manner so as to be deemed unsafe or incon­
Section 111. If, upon the completion of any improvement enumerated
Section 121. Redemption of any real property sold for a delinquent venient for use, the council, Btreet committee, or street commissioner may
In Section 95, it Is found that the sum assessed upon any lot or part thereof, or unpaid assessment under the provisions of this charter may be made by immediately remove any such obstruction, make any such repair or improve
or parcel of land, is more than the amount properly chargeable thereto, paying to the recorder at any time within three years from the date of tne same In any way it or they may deem necessary at the expense of the
the council must ascertain and declare the surplus in like manner as In the certificate of sale the purchase price and ten per cent thereof as pen­ city; or may without notice to the abutting owners, make such repair, re­
case of a deficit in the docket of city liens. Thereafter the person who alty, and Interest on the purchase price at the rate of 10 per cent per move such obstructions so as to render the sidewalk safe and clean, keep
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