Wednesday, May 15, 1901
THE SUMPTER MINER
11
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any street has been established, the
council may authorize the owner or
owners of any property abutting there
on to cut down or All up such street
In front of said property according to
such established grade under the di
rection of the city engineer or superin
tendent of streets, at tho expense and
cost of such owner or owners, but the
authority mentioned In this section
cannot be granted after notice has
been given by tho council of Intention
to Improve the street in front of such
property. In giving such authority
the council may Impose such terms
and conditions thereon as may bo nec
essary to secure tho deposit of excava
tions upon any part of Biich street as
mny be required to be filled up and to
cover any expense Incurred by tho
said city In the survey nnd Inspection
thereof.
Section 119. Tho proceedings au
thorized by this chapter for tho es-tn-.lshment
or alteration of n grade or
the Improvement of a street or nny
part thereof may bo taken or had with
out giving tho notice prescribed In
section 93. whenever the owner or own
ers of two-thirds of the adjacent prop
erty shall, in writing, petition tho
council therefor; nnd whenever nnv
street or pnrt thereof shall bn In such
condition as to bo Impassable, unsafe
or dangerous to persons or teams
passing on, alone or over tho samo, the
council mnv declnro tho same bv reso
lution, nnd mnv thereupon cnuse tho
improvement of such street to ho
made, upon giving ton days' notice bv
posting notices of Its Intention to mnko
such Improvement in three public
plnces in the cltv of Sumpter or by
publication In a dally or weekly nows
pnner published In iho cltv of Sumpter.
nnd no rcmonstrnnco shnll ho hoard
thereto.
Section 120. The council Is author
ized to repair anv strct or pnrt there
of, whenever It deems It expedient, nnd
to declnre bv ordlnnnce, before doing
the same, whether tho cost thereof
shnll be nssosspd upon the adjacent
property or shnll bo nald out of tho
general fund of tho cltv. Temporary
repairs to streets mnv be mndn under
tho direction of tho council, whenever
the council deems the samo necessary,
nnd the exnenso thereof shnll bo pnld
out of tho areneml fund or tho sneclnl
fund rnlsed for tho repair of streets.
Section 121. If the council declares
that a proposed repair shall bo mado at
tho cost of the adjacent proporty,
thereafter tho proposed repair Is to ho
deemed nn Improvement nnd shnll be
mnde accordingly; but If It declnres
that tho cost of tho same shall ho nald
out of tho genem! fund or sneclnl fund
for tho rennir of streets, such repnlrs
shnll ho deemed n tompornry repnlr
nnd mv be mnde ns tho ordinnnoe mny
provldo nnd bo pnld for accordingly.
Section 125. Tho council Is hereby
authorized nnd empowered to establish
nn orlglnnl crane of nny street, nvonuo,
Inno or alley wltnln the city of Sumn
ter. Hut before nny chnngo of tho es
tablished grndo of nnv street, nvenue.
Inno or nlley shnll ho mndn. tho council
shnll pnss a resolution of Intention to
mnko such chnngo or modlflcntion of
prndo. describing tho Rime therein.
Thereupon tho snmo proceedings shnll
be hnd nnd followed in relntlon thoreto
ns Is renulred by this chnpter In tho
enso of tho Improvement o' streets;
provided, tnnt no pueh resolution of in
tention shall bo passed or notice given
unless the owners of one-third of tho
property nffoo'od bv such chnngo or
grndo shnll pptlthn for tho snme: nnd
provided, further that tho proceedings
authorized by this section for tho es
tablishment or nltorntlon of a grndo
may ho tnken or hnd without giving
ine notice herein prescribed whenever
the owner or owners of two-thirds of
tho prone.rty affected thereby shnll pe
tition the council In writing therefor.
Sectton izs. For tho purpose of giv
ing nnv notice herein provided for.
the owner of any property ngnlnst
which nn nssessment is levied or nbout
to be levied, shnll for all tho purposes
of this act bo deemed to be the person
to whom said property wss assessed
upon the Inst assessment roll of Baker
countr. prior to the levying of such
assessment
Section 124. me power and au
thority given by tho general laws of
the state of Oregon to the county court
of Biker county. Oregon, to divide
nld county .nto road districts and to
appoint road supervisors, to lay out
or work highways, shall not extend to
or apply to the territory within the
corporate limits of the city of Sump
ter, ns created by this act, but such
territory and the inhabitants thereof
are hereby excepted out of the Juris
diction of said county court upon such
subject; provided, thnt tho road tax
now provided for by tho general laws
of tho state of Oregon shall bo paid
to tho city of Sumptcr; nnd if pnld In
work, the samo to bo dono upon the
streets of snld city; If pnld In money,
tho money shnll be expended upon tho
repairs or betterments of streets. All
suits, actions or other proceedings con
cerning rond or street work or taxes
shall bo prosecuted In the nnmo of the
city of Sumpter, and tho superintend
ent of streets, or city mnrshnl, or other
officer deslgnntcd by tho city for thnt
purpose, shnll hnve tho samo powers to
enforco the work upon roads or streets
In snld city that tho supervisors of
tho different rond districts of Bnkor
county now have.
Section 125. Tho city of Sumpter
shnll provldo by ordinance for the as
sessment, levying nnd collecting of
street or road tax of at lenst $1.50 for
nnd upon ench $1000 of tho assessed
value of all property, assessed for city
purposes, or n llko proportion of nny
pnrt thereof. Also to levy nn nssess
ment of $3 upon ench mnlo Inhabitant
within tho snld city between tho nges
of twenty-ono nnd fifty yenrs, except
persons who are public chnrges or In
valids, or havo served for one year ns
nctlvo firemen of nny orgnnlzed fire
company of .ho city of Sumptcr, for
street or rond purposes, to bo used In
the repnlrs or betterments or streets or
ronds within tho city of Sumptcr, nnd
to provldo for tho enforcement thereof.
Section 120. Any portion mnv In lieu
of the pnyment n money of tho taxes
provided for In tho Inst two sections,
perform Inbor under tho direction of
tho mnrshnl or superintendent of
streets, or other officer authorized by
tho council of tho city of Sumnter to
superintend such work upon the streets
or roads or alleys In the city of Sumn
ter, nt tho rate of 11.50 for each dav's
work, to be credited upon taxes for
rond or street work from such person
performing such work.
Section 127. Any person suDject to
rond or street work or taxes as pro
vided by tho Inst three sections or by
tho general laws of tho state of Ore
gon, who shnll nfter three days' no
tice given, personal or by writing left
by tho mnrsnnl or superintendent of
streets nt the usual placo of nbode of
such tnxpnyor. neglect or refuse to pny
tho amount of road or street tnx duo
from him, or shnll refuso to attend by
himself or n substitute at tho tlmo and
plico designated by tho marshal or
superintendent of streets, or hnvlng
nttended shnll refuso to obey tho In
structions or directions of the marshal
or superintendent of streets, or othor
officer or person In chnrge. or shnll pnss
his tlmo In Idleness or Innttcntlon to
tho labors or duties assigned to him,
shnll thereby becomo liable for tho
nmount of his rond or street tnx In
money, and tho marshal or superln
tenedent of streets or other officer or
norson deslgnntcd by tho council for
thnt nurpoRO, shnll proceed to colloct
tho snmo by levy nnd snlo of porsonnl
or renl property belonging to such de
linquent, or n sufficient amount thereof
to pay tho cost and expenses of such
sale and the amount of the taxes then
due, togother with twonty-flve per cent
of the nmount of such taxes In ad
dition thereto, as a penalty for such
delinquency; provided, that no prop
erty, either real or personal, shall be
exempt from levy and sale therefor,
and that all sales mndo under this act,
shnll bo made at public auction In the
snmo manner, nnd after giving like
notice, ns execution sales are madr
under the general laws of the state of
Oregon.
SEWERS.
Section 128. The council shall have
tho power to cause to be constructed
and laid down all sewers and dralna,
with all necessary manholes, lamp
holes, catch baslm and branches, and
to repair or relay the same whenever
It may deem that the public health,
Interest or convenience may require
the same, and to assess the coata
thereof on the property benefitted di
rectly or Indirectly by such aewer or
drain or the repair of the same In the
manner hereinafter provided.
Section 129. Before the construc
tion, laying or relaying of any sewer
or drain shall be authorized, tho cost
of which Is to bo assessed to tho prop
erty benettttcd, the council shnll pass
a resolution of intention so to do,
which said resolution must state with
convenient certntnty tho boundaries of
tho district proposed to bo nsscsscd
for tho cost of constructing tho same,
which said boundaries shnll bo de
termined by tho city engineer, or su
perintendent of streets nt tho request
of tho council. Thereupon Bald reso
lution of Intention shall bo published
for ten dnys in somo daily or weekly
newspaper published In tho city of
Sumpter, or copies of tho snmo shnll
bo posted ns provided In section 93 of
this net in relation to street Improve
ments. Section 130. Within ten dnys from
tho dnte of tho cxplrntlon of tho tlmo
for which tho notlco required to bo
given by tho preceding section, Is
given, tho ownor or ownors of nny
property liable for tho cost of snld
sower or drain or tho repnlr or rclny
Ing of tho snmo, ns tho enso mny bo,
mny file with mo recorder, n written
rcmonstrnnco ngnlnBt tho snmo, nnd
tho council, upon hearing said remon
strance, mny at Its discretion discon
tinues proceedings in snld matter; but
tho council, If It deem snld sower or
drain or tho repnlr or relaying of tho
snmo necessary for tho public health,
Interest or convenience, mny ovorrulo
nny nnd nil of said remonstrances nnd
proceed with tho construction or Inylng
down of snld sower or drnln or tho re
pnlr or relaying of tho snmo, ns though
no rcmonstrnnco hnd been mnde. If
no rcmonstrnnco bo mndo or filed, or
nfter tho remonstrances filed aro over
ruled, tho council at Its earliest con
venience, nnd within six months from
tho giving of notlco ns hereinbefore
required, mny declnro by ordlnnnce tho
tlmo nnd mnnncr of construction nnd
Inylng down or repairing or relaying
of snld sower or drain.
Section 131. Upon tho approval of
such ordlnanco by tho mayor, or upon
Its becoming valid without such ap
proval, tho council shnll forthwith
cause too city engineer or superin
tendent of streets to prepare and file
with tho recorder specifications and
estimates In doinll of tho nmount of
work and material required for tho
constructing of such sewer or drain,
and said recorder shall thereupon give
notlco by tho posting of notices In threo
public places In tho said city of Sump
eor, for not less thnn ten days, or by
publication for not less thnn ten dnys
In somo dnlly or weekly nowspnpor
published In city of Sumpter, In
viting proposals for constructing or
Inylng snld sewer or drnln so ordered
by tho council, referring to tho esti
mates nnd specifications therefor on
file.
Section 132. Tho council shnll there
after proceed In respect to tho lotting
of tho contract, nccoptnnco of bonds
nnd supervision and acceptance of the
work for tno constructing or laying
of any sower or drnln In nil respects
In nccordnnco with tho requirements
of this net In regard to street Improve
ments. Section 133. Upon tho completion
nnd ncceptnnco of tho construction of
any sower or drnln, tho city engineer
shnll fllo with tho recorder n copy of
such nccoptanco, togother with a copy
of tho contract or contracts for tho
construction of the samo, nnd a copy of
the estimates of the city onglnoor. Ho
fluall also fllo with the said recorder
a statement of all costs of condemning
land and securing right of way through
private lands, and the cost of engi
neering and superintendence for the
construction of said sewer and tho cost
of advertising, all of which shall be
deemed a part of the cost of construct
ing a sewer or drain.
Section 134. Tho recorder shall
thereupon apportion the cost of con
structing said sewer or drain to the
several lota or fractions of Iota and
tracts of land benefitted thereby; pro
vided, that In apportioning said coata
no deduction or allowance shall be
made for streets or highways In un
platted lands, unless such street or
highway be open and dedicated to
public use. When the recorder has
ascertained a Just and equitable ap
portionment of said costs, he shall
give notice of such proposed assess
ment by the posting of notices In three
public placet In said city of Sumpter
for not leaa than ten days, or by publi
cation of notlco for not less than ten
days In soma dally or wockly news
paper published in tho snld city of
Sumptcr, and nny person Interested
mny, nt any tlmo within ten dnys nftor
tno first postin or publication of Bald
notlco appear at tho offlco of tho re
corder and fllo with tho recorder his
objections In writing, nnd ho shnll pro
sont them, togcthor with tho proposed
nsRossmcnt, to tho council, nnd tho
council mny, nt Its discretion, mnko
such alterations In snld assessment
ns It mny doem propor, without tho
further giving of notice, nnd declnro
snld assessment by ordlnnnce. And
when such assessment Is so declared
It shnll bo a lien upon snld property
nnd shnll bo entered In tho docket of
city liens nnd collected In tho snmo
mnnncr ns provided for tho docketing
nnd collection of nRscsmcnta for tho
Improvements of streets, nut In nil
mntters pertaining to snld nRsoRamont
tho decisions nnd determinations of
the snld council shnll be flnnl nnd con
clusive, nnd no such assessment shnll
bo hold Invalid by reason of fnlluro to
enter tho nnmo of tho owner thereof
or mistake In the nnmo of tho owner
In such entry, or tho entry of n nnmo
other thnt thnt of tho true owner In
such Hon docket.
Section 135. Tho city council, whon
In tholr Judgment It Is necessary, mny
nppolnt n suitable ponton to superin
tend tho construction of ench nnd ov
cry sowor or elevated rondwny or
bridge, or of pnvlng of whntover chnr
nctor authorized under tho provisions
of this net, whose duty It shnll ho to
seo thnt i..o contract mndo for tho
doing of snld work Is strictly fulfilled
In every respect nnd to report to snld
slty engineer or superintendent of
streets nny deviation therefrom. Such
person shnll be nlowed for tho tlmo
nctunlly employed In tho dtRchnrgo of
his duties a compensation not exceed
ing threo dollars por dny, nnd tho
sum so nl lowed shnll bo deemed n
part of tho cost of tho work speclnlly
supervised, nnd Bhnll bo Included In tho
nssesmonts thorofor.
Section 130. If nny of tho proceed
ings required to bo hnd or dono under
tho provisions hereof for tho Improve
ment of any street, establishing tho
grndo thorcof, or oponlng or widening
nny streot or nlley or tho establish
ment or construction of nny drnln or
sowor. shall lm nmlttml. nr ol.nll n
any respect bo Irregular, or If thoro
snnn no nny miiuro to perform nny of
tho nets required to bo performed In
tho levying of nnv assessment nnnn
any property to bo chnrged with nny
impruvemcm, or snld nssesmont shnll
bo in nny mnnncr dcfcctlvo or Insuf
ficient or not levied In sueli n mnnni
nn to mnko tho snmo n valid and sub
sisting nen upon tho proporty sought
to bo chnrged therewith, thon tho coun
cil mny. In Its discretion. nn,t if it
deem It ndvlsnblo.ordor n ro-nsHosRmont
10 no lovieu upon Biich proporty for
tho pnymont of snld Improvomont, nnd
tho Snmo Shnll hnvn thn nnmn fnrnn
nnd shnll bo levied nnd collected In
tno snmo mnnnor ns ir It woro nn orlg
Innl nsROHnment nnd shnll immmn n
Vnlld Hon linon thn nrnnnrtv annirhf
to ho chnrged therewith, nlthough Raid
improvement may havo been mndo
and completed prior to tho tlmo whon
such ro-asHCRHment shnll ho mndn.
Section 137. Whonovor, by this act,
notices aro required to bo posted In
threo public plnccB In snld city of
Sumptcr. ono Of snld Mir en nntlivi
shnll ho posted nc tho city hall of snld
city or sumpter.
CHAPTER IX.
OP THE CITY REVENUES AND THE
MAkkER OF ASSESSINO AND
COLLECTING TAXES.
Section 138. All moneys paid for
licenses and collected as fines, as well
as all money collected by taxation,
shall form me r.jnoral fund of tho city,
except as In this act otherwise espec
ially provided.
Section 139. All taxes except as In
this act otherwise provided, shall be
assessed, levied and entered upon the
tax roll of Baker county, Oregon, In
accordance with the general lawa of
the state of Oregon, relating to the
assessment and levying of taxes In
force at the time of the assessment,
and shall be collected by the same offi
cer collecting county taxes In said
Baker county and at the same time aa
said county taxes are collected, and
ball be paid over to the city treas-