special) Gty ekction to be held
" - Hie name of
, as a caivi.d.tte
I"f the office of
MMK SrP.KET 4- NIMBKR
II n-re fellow ;'U lines for sUna-
tU'TI
Sec. 4S ACCEPTANCE OK
NOMINATION'
Acceptance of such nomina
tions may he by endorsement up
on 1 petition or by a separate
writing addressed to the Record
er. Acceptance of nominati-us
must be filed with the City Re.
cordcr prior to lior certification
to the County Clerk of such nomi.
nation. The City Recorder can
not certify such a person as a
nominee without such accept
ance. Sec. 49 PREPARATION OF
BALLOTS
The Recorder shall cause bal
lot! for general and special elec
tions to be prepared, printed and
authenticated, either by herself
or In conjunction with the County
Clerk of Disehutes County, Ore
gon. The form of the ballots shall
be as nearly as possible the same
lorm as is used in the general
and primary State elections.
Names of candidates listed on
the ballot shall be rotated in ac
cordance with the laws ol (in
state of Oregon, and space shall
be provided on the ballot for
Charter Amendments or other
questions to be voted upon at
any Municipal election.
Sample ballots upon paper of
different color but otherwise iden
tical with the ballot to be used
at the election shall be provided
to the voters at the City Hall,
and also at the polls on election
aay. I
Sec. 4.10 CANVASS OF ELEC
TION Unless the County Clerk of Des
chutes County, Oregon, provides
to the Recorder a canvass of the
votes cast in any election, the
Recorder, within three (3) days
after the returns of all the voting
precincts are in, shall select two
electors who are not candidates
for election to any City office and
ttiey shall canvass the returns of
the election.
Sec. 4.11 CERTIFICATE OF
ELECTION
Immediately after the comple
tion of the canvass and determin
ed upon the results thereof, the
.Recorder shall make and sign a
certificate of election for each
person declared thereby to be
elected and shall also make and
sign a certificate as to the result
of any initiative or referendum
measure declaring whether the
same was carried or defeated
and shall make such certificate
an official record of the City of
Bend. Successful candidates for
elective office shall be so noti
fied. See. 4.12 DETERMINATION
OF ELECTION RESULT ,
For the purpose of this Charter
a measure or candidate for office
receiving the greatest number of
votes shall be deemed approved
or elected, whichever the case
may be.
Sec. 4.13 OATH OF OFFICE
Every person elected or ap
pointed to office under this Char
ter, before entering upon the
discharge of his duties as such
officer, shall qualify by taking
and filing with the Recorder an
oath of office in the following
form:
"I, , do solemn
ly swear that I will support the
Constitution of the United States
and of the State of Oregon and
' that I will, to the best of my
ability, faithfully perform the
duties of the office of
of the City of Bend during my
incumbency thereof."
Sec. 4.14 INITIATIVE AND
REFERENDUM PETITIONS
Within the City of Bend there
shall be provision for the Initia
tive and Referendum with the
following to be substantially the
form of a petition for any ordi
nance or amendment to the Char
ter by the Initiative:
INITIATIVE PETITION
TO THE HONORABLE-
RECORDER OF THE CITY OF
BEND
DESCHUTES COUNTY, ORE
GON We. the undersigned citizens
and legal voters of the City of
Bend, Deschutes County, Oregon,
respectfully demand that the fol
lowing proposed ordinance (or
amendment to the City Charter)
shall be submitted to the legal
voters of the City of Bend, Des
chutes County, Oregon, for their
approval or rejection at the regu
lar City election to be held on
the day of , 15, un
less submitted at a special elec
tion held prior thereto, and each
for himself says:
"I have personally signed
this petition; I am a legal
voter of the City of Bend,
Deschutes County, Oregon,
and my residence and street
number are correctly written
after mv name."
NAME RESIDENCE STREET
NUMBER
(Hero follow 20 numbered lines
for signatures)
The following shall be sub
' atantially the form of petition
for reference to the people on
any ordinance passed by the
Commission:
REFERENDITM PETITION
TO THE HONORABLE-
RECORDER OF THE CITY OF
BEND
DESCHUTES COUNTY, ORE
GON We. the undersigned citizens
and legal voters of the City oi
Bend, Deschutes County, Oregon,
respectfully demand that Ordi
nance No. , entitled (Title of
ordinance on which the Referen
dum is sourtit). passed by the
Commission of the City of Bend
at its meeting on the day of
shall be submitted to the
legal voters of the City of Bend
for their approval or rejection at
the regular City election to be
held on the day of un
less submitted at a special elec
tion held prior thereto, and each
for himself says: "I have per
sonally signed this petition: I am
a legal voter of the City of Bend.
Deschutes County, Oregon, and
my residence and street number
are correctly written after my
name."
NAME RESIDENCE STREET
NUMBER
(Here follow 20 numbered lines
tor signatures)
See 4.15 AFFIDAVIT
Signatures of persons signing
either the initiative or referen
dum petitions shall be verified by
the person circulating such peti
tion by affidavit covering the
said signatures as follows:
AFFIDAVIT
STATE OF OREGON )
COUNTY OF DESCHUTLS ) SS
mv rp RF.NO l
lf , being first
-,-m b.-.v that Mch o tne
persons whose 'signature appears
on the within petitions sijned his!
name to this petition in mv ores-
ence and I believe that each per
son has stated his n:ime, ni
rtmce ami street number correct
ly and that each signer is a lezal
voter of the City of Bend.
Subscribed and sworn to before
mc tins day of .
Sec 4 16 NUMBER OF SIGNA
TURES TO PACE
Not more than twmtv CD) sig-
nuuivs shall be signed to each
thcet of a petition and a full and '
correct copy of the title and text I
of the measure imposed by the
initiative petition or the measure
demanded for submission by the
referendum petition as the case
may be shall be attached to each
sheet circulated for signature
S.V. 4 17 ACCEPTANCE AND
FILING OF PETITIONS
The Recorder of the City of
Bend shall accept for filing any
petition for the Initiative or for
the Referendum, subject to the
verification of the number ' and
genuineness of (he signatures and
voting qualifications of the per
sons signing the same by refer
ence lo the registration books in
the office of the County Clerk.
Deschutes County, Oregon, and if
a siuiicient number of codified
voters be found to have signed
said petition, she shall within a
period of ten (10) days after pre
sentation Iheroof to her, cause Hie
same lo be indicated as having
be n filed.
Sec. 4. IS TIME FOR FILING
REFERENDUM PETITIONS
Referendum petitions against
ordinances passed by the Com
mission must be legally filed with
sufficient numbers of signatures
thereon within thirty (30) days
after passage and approval of the
ordinance in quistion.
Sec. 4.19 INITIATIVE PETI
TIONSNUMBER OF SIGN
ERS An Initiative Petition for any
proposed ordinance, Charier
amendment or measure to be
valid and to be indicated as hav
ing been filed, must be signed by
a number of legal voters equal
to 15 per cent of the votes cast
for the person receiving the great
est number of votes for a mu
nicipal office at the last preced
ing general municipal election or
15 per cent of the votes cast for
a municipal measure at the last
preceding general election,
whichever is the greater.
Sec. 4.20 REFERENDUM PE
TITIONS NUMBER OF
SIGNERS
Referendum Petitions against
any ordinance or measure pro
posed by the Commission shall
be signed by a number of legal
voters equal to 10 per cent of the
votes cast for the candidate for
elective office receiving the
greatest number of votes at the
last preceding general municipal
election or equal to 10 per cent
of the votes cast for the munici
pal measure receiving the great
est number of votes at the last
preceding general municipal elec
tion, whichever is the greater.
Sec. 4.21 CHARTER AMEND
MENTS An amendment to the Charter
of the City of Bond may be pro-
posea ana suDmitted to the legal
voters thereof by resolution of the
Commission without an initiative
petition. Said resolution shall be
tiled with the Recorder for sub
mission not later than thirty (30)
days before the election at which
it is to be voted upon, or prior
to the time set by State law for
the submission of matters to
voters at general and primary
elections, whichever is applica-
Die.
No amendment to the Charter
shall be effective until it is ap
proved by the legal voters of said
municipality.
When such an amendment is
proposed and submitted to (lie
legal voters of the City of Bend
by resolution of the Commission
the said resolution shall therein
state the date of the regular or
special municipal election at
which said resolution will be sub
mitted to be voted upon.
Sec. 4.22 BALLOT TITLE
Upon the filing of any initia
tive or referendum measure, or
when any resolution of the Com
mission shall be filed with the
Recorder as provided in the im
mediately preceding paragraph,
the Recorder shall forthwith sub
mit a copy of such measure to
the City Attorney, who shall with
in five (5) days provide and re
turn to the Recorder a ballot title
of such measure. This ballot title
shall be printed on the official
ballot. In making such ballot title
said Attorney shall, to the best of
his ability, give a true and im
partial statement of the purpose
of the measure and in such lang
uage that the ballot title shall
not be argument for or liable to
create prejudice against such
measure. Any person who is dis
satisfied with the ballot title pro
vided by the City Attorney may,
within five (5) days after the bal
lot title is returned to the Re
corder, appeal to the Commission
asking for a different title and
giving the reasons therefor, and
stating why the title prepared by
the City Attorney is improper or
incorrect, whereupon the Com
mission shall, by resolution pre
scribe another ballot title there
for and the ballot title so approv
ed or so prescribe by the Com
mission shall be the title placed
upon the ballot. Such ballot title
shall In no case exceed 100 words
and shall not resemble insofar as
possible any other ballot title fil
ed for any measure.
Sec. 4.23 PLACING OF MEA
SURES ON BALLOT
The Recorder of the City of
Bend shall number such mea
sures and ballot titles in the most
convenient and consecutive man
ner in accordance with the ap
plicable laws of the State of Ore
gon. Measures referred to the
voters by initiative petition shall
be designated "PROPOSED BY
INITIATIVE PETITION" and
matters referred to the voters by
the referendum shall be desig
nated "REFERENDUM ORDER
ED BY THE PETITION OF THE
PEOPLE" and Charter amend
ments submitted by the Commis
sion without Initiative petition
shall be designated "CHARTER
AMENDMENT SUBMITTED TO
THE VOTERS BY THE COM
MISSION". Sec. 4 24 PUBLIC NOTICE OF
MEASURES ON BALLOT
All measures which are tu be
presented to the voters at any
election within the City of Bend
shall be published with thoir bal
lot titles in hill in a newspaper
published in the City ol Bend at
least once within the ten '101 day
period immediately preceding the
election at which the proposd
measure is to be voted upon.
! Such measu
shall be deemed
i an D'ei i inev receive ine ap-
1 proval ol the legal voters of the
City of Enn
Sec. 4.1'S PUBLICATION OF I
RESULTS OF ELECTION
Votes on measures shall be
counted, canvassed and returned
as votes (or cand:d:ucs to elec
tive office are counted, canvassed
and rtiurwd in accordance with
the provisions of this Charter.
The Mayor shall proclaim, and
the Recorder shall publish within
fifteen (lit days from the riiv of
such election by publication of
the ballot title once in a newsua-
P01- ( general circulation w'thin
e City of Bend, the adoption of
such measures which have re
ceived the approval of the voters
and upon such proclamation and
publication rich measures shall
become in full force and effect.
The number of votes cast in favor
' and "gain the measure ac -
coming to tne ollicial canvass
thereof shall be proclaimed and
published within the same procla
mation. Sec. 4.26 RECALL
Every elective officer of the
City of Bend is subject as herein
provided to recall by the legal
vote of the City of Bend upon
filing with the Recorder a peti
tion demanding the recall of such
officer containing the signatures
of not less than 25 per rent ol
the total number of votes cast
for the catKiidate for elective of
fice receiving the largest number
of votes at (he last general mu
nicipal election, or containing not
less than 25 per cent of the tolal
number of voUs cast for any mu
nicipal measure at the last gen
eral municipal election, which
ever is the larger.
The petitions for recall shall be
in the same general form as
those that are provided for here
in for the initiative and referen
dum except that they shall state
the namo ni ihe nornn s,.iirht in
be recalled and the reasons for
such demand.
Within five (5) days after the
recall petition has been validly
filed in accordance with the
terms of this Charter, the City
Recorder shall call a special mu
nicipal election to be held within
thirty (30) days thereafter to de
termine whether or not the legal
voters will recall said officer.
The said special municipal elec
tion shall be held in accordance
with the terms of this Charter
and the officer who is the subject
of Ihe recall shall conlinti" to
perform the duties of his office
until the result of such said elec
tion shall be officially declared
and in case Ihe voters vote for
recall the office shall be deemed
at once vacant.
CHAPTER V
STREETS AND
OTHER WAYS
Sec. 5.1 AUTHORITY TO IM
PROVE The City Commission of the City
of Bend shall have power and
authority, whenever it deems it
expedient, to establish or alter the
grades of, or improve or repair,
any street, alley or public way,
or any part tliereof within the cor
porate limits of the City of Bend
and may further enter into agree,
meats with other public bodies for
cooperative alteration, improve
ment or repair of streets and other
public ways located within or out
side the corporate limits of the
City of Bend.
Such power shall include all
things necessary to maintain an
optimum status of such public
ways so as to provide for the
peace, health, safety and general
welfare of the City of Bend and
tne inhabitants thereol.
Sec. 5.2 IMPROVEMENTS BY
CONTRACT
The work of improvement,
maintenance, alteration and re
pair of any street, alley or public
way, or any part of the same,
may be let by contract to the bid
der considered the most economi
cal, responsible and able lo carry
out the work and the letting of
such bids shall be within the dis
cretion of the City Commission of
the City of Bend. Such successful
bidder shall furnish a bond in such
sum as may be determined by
the Commission, not exceeding the
contract price, conditioned upon
and for the faithful performance
of the work to the satisfaction of
the Commission and the provi
sions tliereof may be enforced by
action in any court naving juris
diction in the City of Bend.
Sec. 5.3 IMPROVEMENTS BY
THE CITY
In the alternative, the aforesaid
work or any part of the same may
be done by the City of liend it
self, with Cily employees and Cily
equipment.
Sec. 5.4 COOPERATIVE
AGREEMENTS
The City of Bend by this Charier
is empowered to enter into con
tracts and other types ot agree
ments with other public bodies
and individuals for a cooperative
share of the cost of such public
improvement.
Sec. 5.5. IMPROVEMENT
TITLES
The improvement of any street,
alley or other public way. or por
tion thereof, which the Commis.
sion may by resolution declare its
intention to improve, alter, repair
or otherwise change shall he call
ed "Local Improvement No. "
with each street, alley or public
way to be improved to be given
a total improvement number.
Nothing in this section shall pre
clude the City of Bend from con
structing two or more local im
provements tinner one contract.
Sec. 5.6 IMPROVEMENT DIS
TRICTS TITLES
Every resolution ordering any
sued improvement which shall be
paid by assessments against real
property shall establish a local
improvement district to be called
"Local Improvement District No.
" which number shall corres
pond with the number of Ihe lo
cal improvement, which said local
improvement district shall em
brace as nearly as may be prac
ticable all of the proptrty bene
fitted by such improvement.
Sec. 5.7 DISTRICT DETERMI
NATION Except in improvements where
the Commission specifically pro
vides otherwise, districts shall in
clude all of the property between
the termini of the improvement to
a distance back of the marginal
lines thereof to the center line of
blocks facing or abutting thereon,
provided however that such div
tance back shall be at least ninety
190) feet, but shall not exceed two
hundred (200) feet and shall not
extend beyond the abutting street
line of a parallel or a similarly
running strnot. Alleys are not to
be included within the definition of
a street.
In the case of unplatted proper
ty the distance back shall be the
same distance u that included as
if the sajd unplatted property
had been platted into lots and
blocks
In the case of irregularly shaped
blocks the City Commission shall '
n I tempt to comply with the terms
of this Charier as nearly as may
; he practicable msw.tr as asst-ss-
uients are concerned ami upon
such compliance their decision as
' to tlie asst ssnient district boun-
; dunes shall be final
Sec. 5 8 SIDEWALK ASSESS-
MENT PROCEDURE
In the matter of sidewalk con
sti-uction am) repair, the cost
thereof shall be assessed against
the abutting property on a front
foot basis, with each front foot, or
portion thereof, of property being
assised its proportionate share of
the cost of the project.
Sec. 5.9 GENERAL ASSESS-
MENT PROCEDURE
All property included within the
'iml such local improvement
districts, excluding alleys or other
duly and legally constituted pub
lie ways, shall be held and con
sidered the properly benefitted by
the improvement and shall be the
properly to be assessed to pay the
cost thereof, or such a part there
of as may w-ithin the City Corn-
able against the property so bene.
r,,,A hv E,.,-h imLmnt which
filled by such improvement, which
upon all of said property so bene-!
fitted in accordance with the pro-1
visions of this Charter which shall I
u, ,. ,.,uu i. i
The local improvement district '""-f Commission shall deem it ex
shall, for the purpose of ascer- f '?LS "TTary-o ,mpT,vr
laining the amount to be assessed
against each separate lot. tract,
paro l of land or other property
within said district, be divided in-
i to sub-divisions or zones parallel
ing the margin of the street, al
ley or other public way to be im
proved, said sub divisions to be
known as the first, second, third,
fourth, and fifth, with the first
sub-division including all the lands
wi""n 01(5 district lying between
nil' suwi margins ami iuk-s
drawn parallel thereto and thirly
(30) feeit therefrom; the second
sub-division shall include all lands
within the district lying between
lines drawn parallel with and
thirly (301 feet and sixty (60) feet
respectively, from said street
margins: the third sub-division
shall include all lands within the
district lying between lines drawn
parallel with and sixty (60) feet
and ninety (90) feet respectively
from said street margins: Ihe
fourth sub-division shall include
all lands within the district lying
between lines drawn parallel with
and ninety (90) foet and one
hundred twenty (120) feet, re
spectively, from said street mar
gins; the fifth sub-division shall
include all lands within the dis
trict lying between a line drawn
parallel with and one hundred
twenty (120) toei from said mar
gin and the outer limit ot the said
local improvement district as
hereinbefore described.
Street margins shall be deemed
to be the margin of the street
right-of-way line rather than the
curb line or edge of the said im
provement. Ihe rate ol assessment per
square foot in each of the above
subdivisions shall be determined
on the basis of benefits conferred
on a square foot of land in the
various sub-divtsions.
The rate of assessment per
square foot in each sub-division
shall be fixed on the basis tlvit
the special benefits conferred on
a square foot of land in sub-division
first, second, third, fourth,
and fifth, respectively are related
to each other as are the numbers
45, 25, 20, 10 and 5, respectively,
and shall be ascertained in the
following manner:
The products of the number of
square feet in the sub-division
first, second, third, fourth and
fifth, respectively, and the num
bers 45, 25, 20, 10 and 5, respec
tively shall be ascertained, and
their sum taken, which sum shall
be divided into the total cost and
exense of such improvement.
The products of the resultant quo
tient and the numbers 45, 25, 20, 10
and 5, respectively, shall be the
separate rates of assessment per
square foot for sub-divisions first,
second, third, fourth, and fifth, re
spectively. The total assessment
thus ascertained against each sep
arate lot, tract, parcel of land or
other property within such dis
trict shall be entered upon the
assessment roll as the
amount to be levied and assessed
against each such separate lot,
tract, parcel of land or other
property.
Sec. 5.10 ENLARGED DIS
TRICTS Where the benefits of such local
improvements, in the discretion of
the City Commission, shall extend
beyond the boundaries of Die lo
cal improvement districts herein
above described and defined, the
City Commission may create an
enlarged district which shall in
clude as near as may be, in the
discretion of the Commission, all
the property except streets, alleys
and other public ways, which shall
be benefitted by such improve
ment, except however, that prop
erty which will be improved nnd
benefitted as the same is determ
ined in accordance with the local
improvement district definition
and provisions hereinabove set
forth. Within the resolution order
ing improvement, the determina
tion of the tact that there is an
enlarged improvement district
shall be set forth by the Cily
Commission nnd in this connec
tion it is to be noted that firstly
there shall be created a local im
provement district hi accordance
with the provisions of this Charter
and then the enlarged assessment
district shall be determined. With
in the said resolution ordering tiie
improvement shall be determined
the boundaries of the enlarged dis
trict and there shall also be de
termined the proportion which tlie
local improvement district shall
bear of the total cost of Ihe im
provement in accordance with this
Charter and the proportion that
the enlargid district shall bear of
Ihe total cost of the imnrovement
in accordance with the terms of
this Charter.
Within the same resolution the
Commission shall also determine
the proportion of the total assess
able cost which shall be assessed
against tlte enlarged district that
each individual piece of property
within the enlarged district shall
be assessed, said assessment pro
portion may be determined by
zones or by lot and block descrip
tions. Once this determination has
been made and has been passed
In the form of the resolution as
contemplated herein the decision
of the City Commission shall be
final and binding upon all parsons
and propeny cincerneo.
Sec. 5.11 STATE HIGHWAY
IMPROVEMENTS
In all cases where State high
ways, as the term is commonly
connoted, are being improved in
1 any manner w hatsoever and
where the City of Bond his f-n-
i?mi into a sh.ire-tiie-i
ist aaivo-
mem therefor, the City Commis-
sut is authorized to v:irv the
terms of tills Charter rvl.itin? to
local improvement districts by
cither assessing only the abutting t
properties tor the- entire amount
' the cost to the City for such
improvement or may in its d:s-
cretton employ the terms of this
Charter for the creation of im
provement districts or enlarged
improvement districts.
!ec. al.' lMruu r.MrA ra i
DISCRETION OF CITY I
All street, alloy and other public '
way improvement work shall be
under the powers granted by
this Charter and whether or not :
(o accomplish the same shall be I
a matter entirely within the dis
cretion of liie said City Commis
sion. Sec. 5.13 IMPROVEMENTS -DETERMINATION,
COSTS
AND RESOLUTION OF IN
TENT The City Commission mav, by
n,vto,a,.o hiXk a'i.,....'
' ' "-. K' m ..K
lh mal1' r particular
''"P'wenietit may be called lo
. 'V at'entton and may or may
! ."' .-- '"I"
nieir discretion. Whenever
their discretion. Whenever the
way or any part thereof, it shall
require from the City Engineer a
cost estimate, together with such
other information as the Commis
sion may desire. If the Commis
sion shall find that such cost esti
mate and oilier information is
satisfactory, it shall approve the
same and shall determine wheth-1
er or not the conditions wairant
tlie said improvement and, if find
ing in the affirmative, the Com
mission shall, by resolution, de
clare its purpose and intuit de
scribing Ihe same and including
the City Engineer's estimate of
Ihe probable cost thereof and oili
er information as in this Charter
provided for in the event that the
said improvement will also be
within Ihe definition of an en
larged improvement district.
The Cily Engineer is charged
with Ihe duty of providing to the
Commission his recommendations
insofar as proportions, districts
and costs are concerned, and the
Commission shall receive tlie
same and may alter the same
within its discretion.
The cost to the City determined
in accord with accounting stand
ards shall be the cost of the im
provement and shall be the
amount assessed against die as
st ssable property in accordance
with tlie terms of this Charter.
Sec. 5.11 PUBLIC NOTICE OF
RESOLUTION OF INTEN
TION TO IMPROVE
The City Recoidcr shall give
notice of the passage of such a
resolution by causing the same to
be published at least once in a
newspaper of general circulation
within the Cily of Bend, and with
in five days thereafter the Cily
Engineer shall cause to be posted
as nearly as possible to each end
of the contemplated improvement
a copy of the said resolution and
the City Engineer shall file with
the Recorder an affidavit of post
ing of said notice as herein pro
vided. Sec. 5.15 REMONSTRANCE
A remonstrance as hereinafter
provided for, in order lo be acted
upon by the Lily Commission
must be filed with the City Re
corder within fifteen (15) days
from the date of the posting of the
notice by the City Engineer and
if such remonstrance is not so
filed or is not filed timely the Cilv
commission may disregard the
same and may proceed with the
improvement. If a remonstrance
be filed within l ie lime limits as
hereinabove set forth, signed by
the owners or contract purchasers
of two-thirds or more of the square
toot area within the improvement
district, or if there is an enlarged
improvement district involved, by
two-thirds of the owners or con
tract purchasers of the square foot
area within the said enlarged im
provement district, then the City
Commission shall not proceed
with the improvement until they
shall ngain reconsider Ihe matter
nnd determine the necessity of the
improvement. If after re-consid-
eratton by tlie Commission of the
resolution requiring and directing
sucn improvement, the Commis
sion shall again adopt tlie same,
the said improvement may he ac
complishod lite same as if no re
monstrance had been filed.
Sec. 5.16 NOTICE OF ASSESS
MENT After all costs for such improve
ments shall have been amassed
Ihe City Engineer shall determine
the apportionment of such costs
upon each lot or part thereof or
parcel ot land within the said dis
trie! and shall file the same with
Ihe Cily Recorder, whereupon Ihe
City Recorder shall cause to be
published in a newspupi r of gen
eral circulation within the City of
Bend, a notice stating that the
proposed assessment has been ap.
portioned and is on file in the of
fice of the City Recorder and sub
ject to examination, and furthtr
thai any objection to such an ap
portionment that may lx? made
must be made within fifteen (la)
days from publication of such no
tice, and if not so marie, the City
Commission shall consider Ihe
proposed assessment as being one
without objection.
See. 5.17 ASSESSMENT PRO
CEDURE
After tlie fifteen-day notice pe
riod has expired the City Com
mission shall consider the promis
ed assessment and any objections
made thereto, and shall have the
power within ils discretion to con
sider and ascertain whether or not
the amount of Ihe proposal as
sessment against each lot, part of
lot or parcel of land has been as
sessed by the City Engineer in
accordance with the provisions of
the Charter and the same may
be changed by the City Commis
sion so as lo conform to the pro
visions of this Charter.
After having ascertained Ihe ap
portionment r,f the cost in ac
cordance with the provisions of
this Charter it shall declare UV
assessment by resolution and
shall direct the entry thereof by
the Recorder in the Docket of the
City Liens, a statement containing
a description of each lot or part
of lot, or property liable for the
improvement, the name of the
owner, or the reputed owner there
of, or that the name of the owner
is unknown, together with the sum
assessed upon tlie property and
the day of entering the same into
the said docket. Tne said d'cket
is a public writing and entries
therein are entitM to Ihe force
and effect of a judgment and Irom
Ihe time of entry therein, the sum
so entered is to be d'cmed a lien
iT'in't the ppijicrty which said
lien shall have priority over all
other or suiwouent liens or en
cumbrances whatever upon the
projierty ag mist which the cost of
said improvement are set.
Sec. 5 IS FORECLOSURE
If any assessment or levy pur
su m! lo this Charier is not paid
within twenty (Mil days alter the
s.-ime is entered in the docket til
City liens or other aiYangements
are no, mane o pay ne same in
accoixhnce with the laws of the I
state of Oregon with regard to
bonding of improvement liens.
lion the s.ime shall bear interest
Ilw "' aile I entry at o p.r
cent per annum, ami it
be
'he duty of Ihe Cily Recorder to
commence collection in accord-
aiiet Willi mr (iiwiiuua as aiv
outlined in this Charter.
The City Recorder shall first di
rect a notice to Ihe Chief of Piv
lice of the City of Bend, wnicti
said notice to the Chief of Police
shall have Ihe effect of an execu
tion against real properly, direct
ing him to 11 Ihe same as herc-
mailer provided and lo return
the pnx"eeils of such sale to tlie
City Recorder and a copy of said
notice shall be published in
newspaor of general cuvulation
within the City of Betid at least
once al least ten (1(1) days prior
lo the date set forth therein for
the sale.
The Chief of Police, or his
agent, shall on the day fixed in
the said notice sell the real proi
erty described in tlie said notice
at public sale at Ihe City Hall.
Each piece of real property shall
l sold to the person who offers
to pay the taxes, costs, interest,
and accruing cost and interest
thereon, and lake a certificate at
"1 . '. ,, " .h. mvT
mum rate shall not exceid 10 per
cent. The sale may be continued
from day to day until tlie proi
erly listed in the warrant is ex
hausted. After the point of no in
terest is reached the sale may be
continued with bidders bidding a
negative rate of interest. The
Chief of Police or his agent shall
make an immediate return on the
sale and Ihe City Reeotxler shall
make adequate recoitls to estab
lish tlie history Ihereot.
Successful bidders shall be Is
sued a certificate of sale which
shall bear interest from the date
of sale until redeemed, if redeem
ed in accordance with the terms
of Ibis Charier, at the rate of in
terest bid by the purchaser, and
such sale and certificate shall be
conclusive as to the validity of all
actions theretofore taken in ac
cordance with the terms of this
Charter,
Within one year from the date
of such sale the owner, his suc
cessors in interest, or any per
son having a lien by judgment,
dicree, mortgage or otherwise on
the property so sold or any iiarl
thereof, may redeem the same.
Any noi'son having a lien thereon
by judgment, decree, mortgage
or otherwise may at any time be
fore the day of sale and on Ihe
day of sale prior to the actual
sale pay the same and such pay
ment shall discharge tne property
from the elfects ot Ihe assessment
or lien thereon, and shall have
the same effect, insofar as the
City is concerned, as if the owner
himself had come in and had paid
Ihe assessment or lien in its en
tirely before the same had become
delinquent.
At any time after the redemp
tion period has expired the. per
son or other entity holding the
certificate of sale, his heirs or as
signs, shall be entitled to a deed
to Ihe properly described in the
certificate of sale upon Ihe appli
cation therefor and the tender of
said certificate of sale to the City
Recorder. The deed so issued shall
be a bargain and sale type deed,
without warranties, and shall re
cite the history of the transaction
by including the dale of the sale,
the name of the person to whom
the certificate of sale was issued
and that the subject deed was is
sued after the redemption period
had expired and upon tender of
Ihe certificate of sale. The issu
ance of such a deed shall be con
clusive evidence of Ihe fact thai
all valid and legal and lawful
steps have been taken in Ihe fore
closing and subsequent sale of the
subject property.
CHAPTER VI
MISCELLANEOUS
Sec. 6.1 SUCCESSION OF IN
TEREST All properly, real and person-,
al, rights, privileges ami immuni
ties, together with all books, pa
pers, deeds, patents, monies and
accounts and everything now hold
and possessed and enjoyed by the
City of Bend at the taking elfect
of Ihis Charter shall, by Ihe oper
ation of this Charter awl by law,
pass to and be held possessed,
retained and enjoyed by Ihe Cily
of Bend under this Charter and
all contracts heretofore entered
Into by the Cily of Bend are here
by continued in full force and ef
fect as though granted by tlie City
of Bend under this Charter, and
all bonded and other legal indebt
edness secured by said City of
Bend and in full force at Ihe tak
ing effect of this Charter, shall be
and are continued in full force and
elfect under this Charter and all
resolutions and ordinances and or
ders not in conflict with the provi.
sions of this Charier which were
in force at Ihe taking effect of
this Charier shall remain in full
force and effort by this Charter,
except that where this Charter
prescribes the method of perform
ing an act stirti methixl herein is
exclusive and repeals any oidi
nanoe, resolution or order pre
scribing any other different or ad
ditional method.
Sec. 6 2 CONVEYANCE OF
REAL PROPERTY
All instruments conveying real
projierty belonging to tlie City of
Bend shall be signed by the Com
missioners, attested by Ihe Re
cords and Ihe seal of the City
affixed (hereto, and shall be ac
knowledged and recorded as re-1
quired by the general laws of Uie i
State of Orgon. j
See. 6.3 LIMIT OF CONTRACTS !
AND FRANCHISES
No contract shall be entered in- i
to by or on behalf of the City of
Bend for a period longer than i
twelve (12) years except thai '
franchises for the use of public
property may be granted for a pe.
riod of not to exceed twenty (20) !
years.
Road and adopted by the City
Commission Ihis 5th day of Octob
er, 19W. !
YEAS: R NAYS: 0 '
Submitted to and approved by
the Mayor this stn day of October,
10.
(O William E. Miller, Mayor
ATTEST:
(s) Julia S. Johnson,
tin rt '
The Bend Bulletin, Monday, October 31, 1960 7
Kennedy forces smell triumph;
Nixon confident, maps strategy
EDITORS: Two UPI caret-
, ,, who toytrtd ,h,
. .... , .
aeniiai cenaiaaiet lew weeK
have returned to Washington.
Here art their impressions of
the campaigns and a report on
how each candidate's camp I
(el about the outcome. I
I
By William Theis
UPI Stiff Writer
WASHINGTON (UPI1 Demo-
cratic political leaders think thev !
smell victory for Sen. John F. i
Kennedy and some of them even !
talk 'landslide."
Rul the Democratic nresidonlial i
candidate and his top aides still
say it's a "close" fight against
Vice President Richard M. Nixon,
even though they think they are
moving steadily ahead..
If Kennedy needed encourage
ment to assume he was out in
fronl, he got it Inst week. Among
tlie developments falling his way
were:
Records crowds in Democratic
strongholds like New York City
heavily Republican communities
of doubtful slates like Illinois and
Pennsylvania.
A series of endorsements.
Among the newspapers was the
New York Times, which has nol
backed a Democrat for president
since it supported FDR in 1944.
A shift in Pennsylvania's re
gistration, which lale this week
showed the Democrats leading the i
Republicans (or tlie first lime in
modern political history. I
Nevertheless, there are two
things still bothering Ihe Kennedy '
t'l..... la U. 11... i
lump. im-y api'dii lu uu mv
great uncertainty of how tlie re
ligious issue will affect the peo
ple's decision, and how Kennedy
can cram Ihe maximum "expos
ure" into the windup campaign.
As a result, Kennedy lias con
centrated his' main effort in Penn
sylvania, New York, Ohio, Illi
nois aim luicingan. inese live
have more than half the 269
electoral votes needed for vic
tory. Kennedy is going from early
morning to early morning in days
of staggering schedules, numbing
exhaustion and whiplash pace
His campaign managers have
a central objective: "Exposure."
It shows up in the nomenclature
of the motorcade "briefing"
sheets. Kennedy advance men
note certain slops as providing
"maximum exposure" or "medi
um exposure." But when the sena
tor, like Nixon, sees a special
kind of small crowd, whero no
stop was intended, he stops any
way.
There seems lo be no dispute
among reporters traveling with
Kennedy that he is striking sparks
with the crowds. Whatever Ihe 43-year-old
candidate's appeal, it
produces a volatile reaction which
goes beyond that of the teen-age
girl "jumpers" and squealers who
press forward at every rally.
By Merriman Smith
UPI Staff Writer
WASHINGTON (UPI) - Vice
President Richard M. Nixon is
convinced that he is even with or
ahead of Sen. John F. Kennedy
in seven Important stales with tlie
largest electoral vote.
But Nixon's mood as he ap
proached tlie final week of the
presidential campaign was that of
a determined craftsman with a
vast amount of work to be done
in a short space ot time.
He thought that last week, de
voted largely lo railroad whistle
slopping in Pennsylvania, Ohio,
Michigan and Illinois, was the
best week of the campaign thus
far.
Tlie final week before election
must, in his opinion, be still more
active and more effective if he is
to win. This view is reflected in
his 18.000-mile final campaign
swing starting today.
The GOP candidate last week
acquired a cold, a few tossed
eggs and tomatoes and more than
his share of fatigue, but he also
had the lnrgest dawn-to-dusk au
diences of his campaign and made
a lot of Republican state leaders
An Efficient Office
NEEDS
Fowler Printing
Most bujineu firmj In Central Oregon ere familiar
with the quality of our printing. No matter what
lite the order, our QUALITY and SERVICE r.
mains the same the best.
FOWtK-
838 Bond Street
! happy.
Nixon is known to feel that
' since his fourth debate with Ken-
nedy on Oct. 21, there has been
a highly perceptible surge in his
nationwide political strength. But
he feels Ihe inciedients of final
victory must be put together in
the lime remaining before election
day.
After a period of some rather
pronounced concern in top GOP
circles about California, tlie vice
president now regards his home
s,a,e as a bright spot. Among the
larRer states, lie thinks he is in
"lc "'"I1" "' vai.iuiina d.iu
Texas.
As for Ihe oilier key slates of
New York, Pennsylvania, Ohio,
Illinois and Michigan, Nixon re
gards tlie election as up for grabs
or, in other words. 50-50 for eith
er man.
The vice president feels Ins
strength in Texas and California
began rising about three weeks
ago and has continued. Two weeks
ago, he did not regard his pros-
pecls in Michigan as particularly
cheery, but lie feels much better
about them now.
Of the seven larger states, the
vice president's homestretch anal
ysis is that Kennedy has to win
more of them than he does to
assure national victory. Nixon be
lieves that outside of these seven
slates he is in better shape than
Kennedy except in New England
; and other sections of the East.
Soviets heap
abuse on U.S.
UNITED NATIONS. N.Y. (OTP
Soviet propaganda outlets
poured abuse on the United States
today In advance of a General
Assembly debate on Cuban charg
es that a U S. -supported invasion
of tlie Caribbean island was im
minent. The Soviet Communist party
newspaper Prnvda said in Mos
cow that "North American ruling
' circles are now openly preparing
armed aggression against Cuba."
The Soviet delegation was ex
pected to join Cuba at the United
Nations in demanding the Gener
al Assembly give priority to Pro
mier Fidel Cnslro's charges that
tlie United States is plotting lo
overthrow his revolutionary re
gime at any moment.
The assembly was called into
: plenary session this afternoon to
consider a Steering Committed
recommendation that the com
plaint go first to the Political
Committee, where it may be sev
eral weeks before it could bo
heard. .
HAFSTAD
1 M.
25 YEARS
OF LAW
ENFORCEMENT
EXPERIENCE
In
Central & Eastern -Oregon
REPUBLICAN '
For
SHERIFF ;
I'd. Adv. liVfli'hiitfti County IIihV
limn Otitmt ( iiinnt. Lyninn John
nn. t tin I r mum Hriid.
ANY
Telephone EV 2 4261
11 M fc. 1