FRIDAY, SEPT. II
THE MORNING ASTORIAN, ASTORIA, OREGON.
13
PRESENT SEA WALL
AMENDMENT
(Continued from pige 1)
tructlon of inch worki and, Improve
ments at the commission shall rec
ommend, together with an eitlmaU
of the cont thereof.
ine commiNitiorj than nave au
thorlty to employ euch engineers, In
pectors, laborers and clerical assist
tnce necessary to (he performance o:
the duties herein prescribed; provld
cd, however, that no expenditures
halt be made or Indebtedness incur
red In an amount exceeding $10,000.
I ".Section 160. Each member Of the
commission shall receive the Hum ol
$5.00 per day for the time actually
employed In the performance of h
duties. -
..i
I "Section 161. Bills for the com
fensation of the member of the
commission and for expenses incur
red hereunder shall be paid from the
general fund of the' city of Astoria
upon certificate by the three Rient'
bers of the commission, when coun
terslgned by the city auditor, and
the council of the city of Astoria If
hereby authorised to include, from
time to time, in the general levy of
taxes such sums as may be necessary
to cover the amounts to paid out ol
the general fund.
' "Section 162. The commission ahall
from time to time, report in writing
to the common council the result of
their investigations, and auch reports,
us well as the records of such com'
mission, shall be public records of
the city of Astoria,
"Section 163.' No work of general
improvement for the reclamation o!
. land within the city of Astoria cov
ered by the ebb and flow of the tide
hall be undertaken before the com
pletion of the investigation by the
commission hereby created."
Mr. Allen urged the acceptance of
his substitute, but the committee
finally voted it down. Mr. Allen'
presentation of the railway's side of
, the nutter was done in masterly
way, and, judging from the attitude
of approval among the citizens pres
ent, he voiced their views as well
Yet the committee seemed determin
ed to go ahead with the bill that they
have worked upon for many months.
. Mr. G. D. Hagardt, the Portland
engineer, also made an interesting
talk. Mr. Hagardt said his object in
comihg to Astoria was to set himself
right on this matter. He said he, had
understood that the charter amend
rucnt committee was quoting hi in' as
having expressed certain figures and
fact in relation to the bulkhead pro
jeet. ' ;
I Onl state certain facts and
figures, in a very general way," said
Mr. Hagardt, "but it was done in
general and abstract way. But I did
not sU'e that it would cost so much
to construct this seawall. I wish to
make that very clear, for the sake of
my reputation if nothing else. The
figures given by me were meant to be
quite general, under certain ideal con
ditions, and what I would really wish
to urge in this case is that a thorough
investigation should first be made
Engineers should be employed, and a.
complete survey made. Then after
this is done the cost may be esti
mated with accuracy, hut not before
It is a big project, gentlemen," said
Mr. Hagardt, "and a matter of this
kind must be first looked into very
carefully by engineers. You might
even find the cost to be prohibitive."
In a nutshell the whole matter
might be stated thus: many objected
on t?c ground that no investigation
lias been made by men competent to
make such an investigation. On the
other hand, the charter amendment
committee apparently believes ; that
this investigation can just as well be
made by the commission after the
people have voted in favor of the en
terprisc, providing they do so. One
case is first examining your pig be
fore you buy, and the second case
seems to be somewhat like buying a
pig in the poke.
Many of the citizens present made
short talks, as a rule urging delay,
and urging caution and thorough in
vestigation before acting. One of the
last to speak was I. Bergman, who
urged some delay to look into the
matter first. .
On' all sides were brought out facts
tending to show that the project will
be very costly and that it means
much in the way of changing grades,
filling in lands and in changing the
drainage and sewerage systems of the
city-
Mr. Allen stated last night that he
sawno way to acquaint the people
with the provisions of the bill, unless
his company would have it printed,
or unless the Morning Astorian were
good enough to print it, so that the
people might at least have the day to
contemplate it before the '-council
took its probable action tonight. The
Astorian herewith presents the entire
bill, and it will probably be worth
the study of the taxpayers of this
cityi "
THE BILL
Section 158, In order to .protect
the health of the inhabitants Of the
City of Astoria and to prevent the
noisome disease breeding stenches
that arise from the tide flats, it is
deemed necessary and proper that
tide lands, and flats and overflowed
lands within the city be reclaimed by
filling in the same to and above the
high tide line and that bulk heads and
retaining walls be , constructed within
the city at such place or places as
.may seem proper or convenient for
lite purpose oi retaining ana noiaing
such fills as the same shall from time
to time be made or constructed and
that the power and authority given
to the City of Astoria by this amend
mcnt to Its charter Including the
construction of all necessary bulk'
heads and retaining walls and fills,
and the issue and sale of all bonds to
defray the expense thereof, and the
establishment of improvement dis
tricts and letting and supervision of
all contracts for reclaiming ana nil
ing in air or any portion of the tide
flats, mud-flats or overflowed lands
of the city, and making the assess
ments to defray the costs and ex
penses thereof, and issuing and sell;
ing bonds to pay the contractors, or
such filling where the property own
ers avail themselves of the privilege
of paying their assessments in in
stallments, and all other acts neces
ary and proper to be dope in carry'
ing out the provisions of this act, ex
cent where herein otherwise special
ly provided, shall be exercised and
performed as hereinafter provided by
commission consisting of nine
electors and bona fide residents -and
taxpayers of the City of Astoria,
which said commission shall be
known as and styled "The Sanitary
and Reclamation Commission of the
City of Astoria, and said commis
sion shall collectively consist of the
following named electors and bona
r .r, . .1..
nnc reuocms ana taxpayers oi inc
City of Astoria, to-wit: -
And when the Commission shall
be hereinafter referred to or men
tioned, it shall be deemed to mean
and include '.'the Sanitary and Recla
mation Commission of the City of
Astoria." The remaining members
of the Commission shall file any va
cancy that may occur in the body by
death, resignation, removal from the
city, or otherwise, by the appoint
ment of a person to be a member
thereof who is a bona fide elector,
resident and taxpayer of the city;
and five members of the Commission
shall constiute a quorum for the pur
pose of organization, as well as the
transaction of all other business, but
it shall require the affirmative vote
of five members 'of the Commission
to sdopt any measure or authorize
any. action. The Commissioners
named shall hold office until the first
Monday in January, 1915, ( and unti
their successors shall have been elect
ed and qualified, and at the general
election to be held the second Wed
iiesilay in December, 1914, a Commis
ion consisting of nine members shall
be elected, two of which members
shall be elected from each ward of
the city and one at large; one mem
ber from each ward shall be. elected
for the term of four years, and one
from each ward for the term of eight
years, and the Commissioner at Large
shall be elected for the full term of
eight years, so that one member of
the Commission- f rom each ward shall
be elected every four years; and the
term of office shall be eight years and
until their successors are elected and
shall have qualified, and any person
appointed to ill a vacancy shall hold
for the remainder of the unexpired
term. ' . '
Within sixty days from the time
this act goes into effect, the nine per
sons named in this section shall meet
at some convenient place in the city
on the written call of three or more
of their number, published in a daily
paper ot the city for not less than
three days before the time named
herein for said meeting and organize
by the election of a presiding officer
trom their number who : shall be
styled' "Chairman of the Sanitary and
Reclamation Commission of the Citv
of Astoria, and a secretary of the
Commission who shall be styled "Sec;
retary ot the banitary and Reclama
Hon Commission , of the City of As
toria and also a treasurer who shall
be known as "Treasurer of the Sani-
ry and Reclamation. Commission of
the City of Astoria," and also an at
torney who shall be styled "Attorney
ot the Sanitary and Reclamation
Commission of the City of Astoria,"
and it shall not be necessary for said
secretary, treasurer or attorney to be
member of the Commission, and
such secretary, treasurer and attor
ey shall hold office at the pleasure
ot the commission and may be re
moved at any time and shall receive
such salary or salaries as the Com
mission shall from time to time bv
by-laws or resolution prescribe; and
such Commission shall also have
power and authority to employ and
ire and discharge at pleasure and to
x the compensation of an engineer
and such other inspectors, workmen,
lab.orers and servants as it may deem
necessary and convenient for the ac
complishment of the purposes of this
act. ;
Section 1S9. The chairman of 'the
Commission shall preside at all meet
ings and appoint all regular or stand
ing committees thereof, and in case
of his absence, the Commission may
ppomt trom their number a chair
man for the time being. The chair
man of the Commission shall exe
cute all written contracts on behalf
of the same and sign all orders or
arrants for the payment of money
authorized thereby, and together with
the secretary shall verify and sign
the record of the proceedings of all
meetings. The chairman of the Com
mission shall hold office until the
first Monday in January following his
appointment, and until his succcs
or shall have been lected and
qualified, and a chairman of the Com
mission shal be selected by a major
ity vote of the Commission by batlot
at the meeting of the Commission on
the first Monday in January of each
year.
Section 160. The secretary of the
Commission shall be its clerical offi
cer and he shall make and keep an
accurate record and minute of its
acts and proceedings, countersign all
warrants and orders authorized by it
and signed by the chairman, for the
payment of money, and attest all
written contracts signed by the chair
man on its behalf, keep its accounts
and have and keep the custody of all
its books and records and perform
such other duties as may be prescrib
ed by resolution of the Commission,
Section 161. The treasurer of the
Commission shall be custodian of all
funds arising from the sale of bonds,
and all moneys coming into the
hands of the Commission or any of
the officers of said Commission from
collection of taxes or assessments, or
any other source whatever. He shall
give a bond with two or more suffic
icnt sureties in such sum as the
Commission, shall provide condition
ed for the faithful performance of his
duties as treasurer of the Commis
ion, and that he will keep or ac
count for and pay over to his sue
cessors all funds coming into His
possession -by virtue of his office, The
treaurer shall keep all funds derived
from the sale of bonds by said Com
mission and trom au other sources
under this act in a separate fund and
shall pay the same out only upon the
order of the chairman, countersigned
by the secretary and no order or war
rant shall be issued except in pur
suance of an order adopted by the
Commission. s, ,
Section 162. The Commission may
adopt rules for the government of
its members and its proceedings and
on the call of any two of its members
must cause the yeas and nays to be
taken and entered in its journal upon
any question before it, and. its delib
erations and proceedings must be
PUUIIC. , ;
bectio 163, . The Commission shall
meet in the city for the transaction
of business at least once a month at
such hour and place as it may direct
and at such other times as it may
provide, and said Commission shall
hold an annual meeting on the first
Monday in January of each year, at
the hour of noon, and it may be con
vened by the chairman at any time
upon not less than one day's notice to
each member at that time present in
the city. '
Section 164. Said Commission shall
act only at regular or special meet
ings and neither the City of Astoria
nor said Commission shall be bound
by any contract or in any way held
liable thereon unless the same shall
be authorized by a resolution of such
Commission and made in writing and
by order of the Commission signed
by the chairman and secretary there
of, or some other person duly au
thorized on behalf of the Commis
sion. The style of all resolutions or
by-laws of said Commission shall be
'Be it resolved by the Sanitary and
Reclamation Commission of the City
oi Astoria, me commission may
provide for punishing any person for
violating any resolution or by-law by
fine or imprisonment in the city jail
or both such fine adn imprisonment
upon conwetion thereof before the
auditor and police judge of the City
ot Astoria.
Section 16S. The City of Astoria is
hereby authorized and empowered to
construct, keep and maintain bulk
ncaas or retaining wails in, upon,
over, along, under, across or on any
of the streets, alleys or highways of
the City of Astoria that are now laid
out and established or that may be
hereafter laid out or established or
secured either by dedication or con
demnation, or otherwise and to con
struct ana maintain tne same upon
any right of way therefor .hereafter
secured either by purchase, dedica
tlon or condemnation or in any other
manner which said bulkheads or re
taining walls shall be of such length,
dimensions, kind or character and
constructed at such place or daces as
the Commission shall from time to
time determine and designate at and
below the extreme high tide line on
me snore or water trontage ot tne
Columbia river above or below low
tide within the city and for the pur
pose of constructing such retaining
wans or bulkheads the city mav ac
quire by purchase or condemnation
or otherwise' such rights of way as in
the judgment of the Commission may
be necessary or convenient for the
construction andv maintenance of the
same.
Said Commission shall have power
and authority at any regular meeting
thereof to' levy a tax not exceeding
five mills on the dollar in any one
year, upon the taxable property of
.1.. '.l L!-L ; ! . . .. .
me cuy wmcn saia tax snau oe
levied by resolution which shall be
certified to the Common . Council of
the City of Astoria before said Coun
Council shall levy taxes for general
municipal purposes for the ensuing
year and such taxes shall be included
in the general levy of taxes for that
year and as made by the Council of the
City of Astoria, which tax shall he
collected at the same time and in the
same manner as other taxes ; of the
City of Astoria ' are collected and
when so collected shall be turned
over to the treasurer of the Commis
sion and shall be exclusively under
the control of such Commission and
shall be used exclusively for the pur
pose of defraying the expenses of
constructing such bulkheads and re
taining walls and paying interest on
bonds issued for that purpose and
for retiring or redeeming such bonds
and in paying salaries of officers, ser
vants, and employees and' the general
ncidental expenses of the Commis
sion. And to defray the costs and
expense's of constructing said bulk
heads or retaining '-walls, said Com
mission may also from time to time
as required issue and sell negotiable
bonds of the City of Astoria, running
for a period of not less than forty
years, the aggregate amount of which
bonds for the construction of such
bulkheads or retaining walls shall not
exceed the sum of $300,000.00. All
bonds issued and sold to raise funds
for the construction of bulkheads or
retaining walls hall provide that the
same may be recalled and paid at the
option of the city at par at any time
after the expiration of ten years from
the date of issuance of the same.
Provided that nothing herein contain
ed shall be construed to limit or re
strict , the amount of twenty-year
bonus that may be issued and sold
from time to time to defray the .costs
and expenses of filling in the v tide
lands, mud flats and overflowed lands
where the owners of property assess
ed to defray the expense, thereof
shall avail themselves of the privi
lege of paying assessments in ten
equal installments as hereinafter
provided; it being the expressed in
tention ot this act that the costs and
expenses of constructing the , bulk
heads shall be defrayed by general
taxation or the issue and sale of
bonds but the costs and expenses of
filling in and reclaiming the tide
lands, mud flats and overflowed lands
shall be by local special assessments
levied upon each lot or parcel of land
or tract of water frontage filled in
according to the benefits resulting
from the filling in and reclaiming of
the same including the filling in of
the abutting streets and alleys. All
bonds issued under this act shall bear
such rate of interest as may -be de
termined upon by the Commission
not exceeding 5 per cent per annum
and all bonds issued to pay for filling
in or reclaiming the tide lands, mud
flats and overflowed lands on account
of persons owning property assessed
for that purpose availing themselves
of paying assessments in install
ments, shall provide that the same
shall be redeemable at the option of
the city at par with accrued interest
at any time after the expiration of
two years from the date of issue, and
all bonds shall be signed by the
chairman and secretary of the om
mission and the full faith and credit
of the City of Astoria shall be
pledged to the payment of all bonds
issued under this act.
No part of the expense of filling
in or reclaiming any of the tide
lands, overflowed lands, mud fiats or
water frontage including the streets
of any reclamation district (except
ing the retaining walls or bulkheads)
shall be paid from general taxation,
but the whole expense of filling in
and reclaiming such tide lands, mud
fiats or water frontage in any district
including the streets, and crossing
and alleys thereof shall be defrayed
by special assessment upon the lots,
lands and premises inclusive of water
frontage included within the special
assessment district to be constituted
of the lands .so filled in and. benefited
by the improvement, and the con
tract for any such improvement shall
provide that the contractor shall look
exclusively to such assessments' and
the funds to be derived therefrom for
payment for constructing the same,
except whenever any of the owners
of the land assessed for such im
provement shall ask for the privilege
of paytng his assessment in ten in
stalments as hereinafter provided, the
Commission for and on behalf of the
City of Astoria sha.ll have power and
authority to issue and dispose of ne
gotiable bonds of the City of Astoria
from time to time, equal in amount at
the par value thereof to the amouna
remaining due the ity of Astoria on
account of such persons so assessed
having availed themselves of the priv
ilege of paying such assessments in
installments, and said bonds shall be
payable twenty years from date of
issue and draw interest at such rate
as the Commission shall determine not
exceeding 5 per cent per annum pay
able annually and shall provide that
the same may be called at any time
after two years from the date of
issue at par plus the accrued interest
and all moneys paid to the treasurer
of the Commission on account of in
stallments of such assessments shall
immediately be used in retiring such
bonds.
Such bonds may be issued and sold
at par direct to the contractor execut
ing the work. The aggregate amount
of such twenty-year bonds so issued
on account of instalments shall not
exceed $500,000.00 at any one time and
such bonds as well as the bonds is
sued to secure funds for constructing
bulkheads or retaining walls shall not
be taken into computation in ascer
tainmg the limit of indebtedness of
the city mentioned in Section 132 of
the charter of the City of Astoria.
When the expenses of any fill shall
be assessed against any lands belong
ing to the city or used for public
buildings or public grounds and ex
empt by law from such assessments
the amount of such assessment shall
be paid by the Common Council to
the treasurer o,f the Commission by
warrant on the treasurer of the City
of Astoria payable out of the general
fund. . .
Section 166. In case the Commis
sion shall at any time desire to ac
quire any real property or water
trontage within the city for a right
of way unon or over any land or
lands or water frontage to construct
or maintain any bulkhead or retain
ing wall across or upon such land or
lands or water frontage, it may main
tain an action in the, Circuit Court
of the State of Oregon for Clatsop
County against the owner or. owners
thereof for that purpose and it shall
not be necessary in order to maintain
iny such action to submit any ques
tion to a vote of the taxpayers, in
habitants or voters Of the city; or in
case the Commission shall through its
hairman and secretary certify to the
Common. Council of the City of As
toria that it has been unable to agree
with the owner or owners of property
desired for said ,' purpose as to the
amount to be paid for the appropria
tion thereof, the said Common Coun-
ci
shall by ordinance direct an action
r actions to be instituted in the
lame of the City of Astoria in the
Circuit Court of the State of Oregon
for Clatsop County to condemn and
appropriate to the use of such city
uch right of way and it shall not be
necessary in order to maintain any
uch action to submit any question
to a vote of the taxpayers, inhabi
tants or voters of the city and such
action shall , be commenced and
troecuted in the manner prescribed
by the general laws of the State of
Oregon, providing and regulating the
mode of proceedings t appropriate
land by private corporation.
Sectipn 167. No contract for the
construction of any bulkhead or re
taining wall shall be let or entered
into by the Commission until plans
and specifications for the same and
a complete and detailed estimate of
the costs therof shalf have been made
and filed with the Commission and
approved by a resolution therof, in
which resolution , said Commission
shall specify and provide the time and
manner of constructing and complet
ing the proposed improvement and
all necessary matters relating to the
execution and inspection and appro
val of the work and the time and man
ner of the payment of the contractor
therefor All contracts shall be let
to the lowest responsible bidder af
ter advertisement for bids published
in the City of Astoria, and no con
tract for any bulk-head or retaining
wall shall be let at a price exceeding
the estimated cost thereof fifteen perj
cent. The Commission shall provide!
for rejecting any and all bids and the j
contractor entering into any contract
for the construction of any bulk-head
or retaiing wall shall be required to
give bonds with one or more suffi
cient sureties in such sum as the Com
mission may determine conditioned
for the faithful performance of the
contract and the contractor will pay
all persons supplying labor or mater
ial in the performance of the same
upon which bond any person or per
sons supplying labor or material shall
have a right to bring action against
such principal and surety or sureties
in the name of the City of Astoria.
Section 168. Whenever the Sani
tary and Reclamation Commission of
the Citv of Astoria shall consider it
necessary to fill in or reclajm any of
the tide lands, and flats, overflowed
lands or water frontage in the 'City
of Astoria in order "to protect the
health of the inhabitants of said city,
the City of Astoria is hereby given
power and authority to fill in and re
claim any or alt of the tide lands, mud
flats, overflowed lands and water fron
tage and the abutting streets within
the said City of Astoria to such depth
or level as said Commission shall
deem proper including all streets, al
leys, parks, squares, lots, blocks,
tracts, parcels of real estate and wa
ter frontage trbrth of or below the
extreme high tide line or any street
next south of said line or between
the extreme high tide line or any
street next south thereof and the U.
S. Bulk-head ilne, and may establish
and lay out reclamation districts and
provide for filling in such districts
as said Commission shall from time
to time consider necessary and pro
perto defray the costs and expenses
thereof by levying special assessments
upon the lots, lands and premises, in
eluding the water frontage, franchis,
es, rights of way and easements with
in each district so reclaimed accord
ing to the benefits resulting to each
lot, tract or parcel of land, tract of
water frontage; right of way, fran
chise or easement within the district
from the filling of the same or re
clamation of the same, including the
costs and expenses of filling in the
tre'ett and intersections thereof with
in the district so reclamied and each
lot, tract or parcel of land, including
water trontage, right of way or fran
chise in each district shall be assessed
such proportion of the entire costs
and expenses of making the fill in
cluding the filling of the streets and
alleys as the benefits resulting to such
lot, tract or parcel of land, water
frontage, right of way or franchise is
proportonate to the benefit resulting
to all such property from the im
provement of such district. And
provided further that any and U
street! within any reclamation district
may be filled in to the same level or
grade that the lots, blocks, tracts of
land'or water frontage is filled in or
to the full established grade of such
street or streets or to such depth or
level below the established grade as
the Commission shall deem proper or
advantageous; and provided further
that whenever the boundary of any
district to be filled in shall be the line
of any street which is to be filled in
whole or in part as part of the im
provement of the district the lots,
lands and premises including water
frontage abutting upon or adjacent
to and specially benefited by the "fil
ling in of such street or portion there
of may be included within the special
assessment district and be assessed
for its proportion of the cost of fil
ling in such treet according to the
benehts resulting therefrom, although
such lots, lands or premises or water
trontage be not . within- the distrtct
to be filled in or reclaimed.
Section 169. Whenever the Sani
tary and Reclamation Commission of
the City of Astoria shall deem it ne
cessary in order to protect the health
of the inhabitants" of any portion of
the city to fill in and reclaim any por
tion of the tide lands, and flats, over
flowed lauds or water frontage of
the City and to defray, the costs
thereof by special assessment, they
hall so declare the fact and their
determination or intention to reclaim
or fill the same by resolution stating
in general terms the nature and char
acter of the fill and the elevation or
level of the same including- that of
the street or streets to be filled and
shall designate and describe the dis
trict to be filled in and reclaimed and
the district upon which the special
assessment shall be levied to defray
me costs ana expenses tnerot; and
shall cause estimates of the expenses
thereof and specifications for the pro
posed improvement to be made and
hied vth the Secretary of the Com
mission. It shall be sufhfhcient tol
describe in general terms the nature
and character of the fill and the ele
vation and level thereof including the
elevation or level to which the streets
are to be filled. Such resolution shall
direct the Secretary of the Commis
sion, upon the estimate of the costs
and expenses thereof and specifica
tions for the proposed improvement
being filed with him, to cause notice
of the intention of the Commission
to cause such fill to be made to be
given by publication in a daily news
paper published in the City of As
toria, which notice shall contain a
statement of the improvement to be
made in general terms nd a state
ment of the district to be filled in and
to be assessed and a statement that
an estimate of the costs of the im
provement and specifications for the
proposed work has been filed, and
such notice shall be published in such
paper for at least ten. days. If a re
monstrance against such proposed fill
or improvement signed by persons
owning three fifths of the property in
the district to be improved or reclaim
ed and assessed, shall be filed with
the Secretary of the Commission by
the time of the next regular meeting
of the Commission following the final
publication of such notice, no such
fill or improvement shall be ordered
except by the affirmative vote of six
members of the Cimmission, but if
no such remonstrance be filed the
same may be ordered by a majority
vote of the members of the Commis
sion At any time after the expira
tion of said time in which a remon
strance can be filed and within four
months thereof, and also after such
estimate and specifications are filed',
the Commission may by resolution
order the improvement or fill con
structed and prescribe the time and
upon the passage of such resolution
declaring the intention of the Com
, mission to make such fill or improve
ment and the giving of the notice in
this section provided and the filing
of the estimate of the cost and ex
penses thereof and specifications for
the proposed work and passage of
the resolution ordering the improve
ment or fill and prescribing the time
and manner of making the same, the
City of Astoria shall be deemed to
have gained jurisdiction for the pur
pose of making the improvement and
assessing the property benefited
thereby to defray the costs and ex-,
penses thereof.
Cirflr.n 17ft Tt fAmmtcfliAM atilt
provide by resolution for the time
and manner of doing the work of re
claiming or filling in any reclamation
district subject only to the following
restrictions, viz: after such notice
as may be prescribed in the resolu
tion the work must be let to the low
est responsible bidder, and the Com
mission shall provide for the rejecti
on of any and. all bids when deemed
unreasonable, and the Commission
shall provide fqr taking security by
bond in such sum as it shall consider
reasonable 'conditioned for the faith
ful performance of any contract let
under its authority, and that the con
tractor will pay' all persons supply
ing labor and material used in the
performance of the work and conform
to the requirements of the charter
and all ordinances of the City of As
toria relating to public works, and
the provisions of such bond may be
enforced by an action in the name of
the City of Astoria. The Commis
sion shall provide by resolution for
the time of the completion of the
work and for the inspection and ac1
ceptance thereof.
Section 171.- When, by the provis
ions of this act and the cost and ex
penses of filling in or. reclaiming any
district of tide lands, mud flats, over
flowed lands, or water frontage is to
be defrayed by special assessments
upon the property so filled in, with
in such district benefitted by the im
provement, such assessment may be
made as hereinafter provided. The
Sanitary and Reclamation Commis
sion shall select three disinterested
freeholders of the City of Astoria to
act as a Board of Assessors which
shall make .the special assessments
authorized by this Act. If a member
of -such Board of Assessors which
any property in any special assess
ment district directed directed assess
ed by the Commission, they shall ap
point some other person to act in his
stead in making the assessment, who
for the purpose of the. assessment
shall be a member of the Board and
such Board of Assessors - may be
changed from time to time at the
pleasure of such Commission.
Section 172. When any special as
sessment is to be made pro rata upon
the lots, lands and premises including
water trontage, rights ; of wav and
franchises in any special assessment
district according to the benefits,' the
Commission shall by resolution eith
er at the time of ordering the fill or
reclamation or before or after said
time direct the same to be made by
tne Board of . Assessors, and shall
state therein the amount to be as
sessed and describe or designate the
lots, lands and premises, water fron
tage, rights of way and franchises
constituting the district to be assess
ed. Upon receiving such order or
directions, the Board . of Assessors
shall make out an assessment roll
listing and describing therein all the
lots, premises, parcels of land, water
frontage, rights pi way and fran
chises to be assessed, and the valu
ation thereof with the names of the
owners therof, if known, and shall
levy thereon the amount to be as
sessed in the manner directed by the
provision of this act. They shall
assess upon each lot or parcel of land,
tract of water frontage, right of way
or franchise such relative portion of
the whole sum to be levied as shall
be proportionate to the estimated
benefit resulting to such lot or par
cel of land, tract of water frontage,
right of way or franchise from the
iiuiJi vvciuciu arm wnen sucn an as
sessment is completed they shall re
port the same to the Commission and
file the same with the Secretary
thereof., ., . : , . .
Section. 173. When -any" special
(Continued on page 7)