The Sumpter miner. (Sumpter, Or.) 1899-1905, May 15, 1901, Page 12, Image 12

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THE SUMPTER MINER
Wednesday, May 15. 190
12
urer of the city of Sumpter upon de
iniinil, an provided by law.
Section MO. Immediately after the
county clerk of linker county nhull
furnish 11 certlllcuto showing tho nggre
Knto valuation of the assessable prop
erty within the city limits of the city
of Sumpter, iih provided by lnw, It
Hhnll lie the duty of the council to
meet nnd by order and resolution, nn
nually, luvy hiicIi taxoH nnd iibscbs
incntH itH mild coiinrfl may consider
nct'PHHiiry, not exceeding the limit
fixed In thlH act and caiiHo the (tame to
bo certified to the county cleric of Hn
Iccr ceunty: and the name fhnll bo
thereafter proceeded with nH provided
by thn general lawn of the Rtnto of
Oregon relating to do mode of mnklng
HHHeHHinentH, collecting and payment
of tuxes.
CIIAPTRR X.
OK THIS COIihKCTINO OK DRMN-
(JUKNTTAXIC8.
Section m. All gcnciui or spcdui
tlULtl lUVICIl IIH piU.IUUU una uutnui-
ieit ly Him uiiuiuti" iiini nut luui.icU
to liiu Luiiniy ciuiK, ami all ubhusb
luciitH lor liiu opening, extension, lui-jiiovoini-ut
or icpalf of utieeia or ill
len, or 1 or thu layluc 01 nuwor or
iliaiuu and every pan thoiuof Hliall
bear InteicHi ut tho legal ruto from the
tluiu tho H.imo are duo uml puyuulo
until paid or collected, mid tho treas
urer must collect the sumo and puy
tho kiiiiiu over to tho party entitled
theieto 011 demand.
Section 142. Thecouncll miiHt pro
vide by ordluanco within what tlmo
mieh taxoH and assessments iih tiro
not eci tilled to tho county clerk ac
cording to tho provlHloim of Bectlon
1 ID may lie paid to tho trcanuror, and
all tnxi'H not paid to tho troaHiircr In
Hiich tlmo aro thereafter delinquent
tuxcH, and miiHt bo collected uh such.
Section IIX W uliln flvo iluyB from
tho expiration of tho tlmo limited for
paying t"H t,,(1 treiiHurer.tbo troas
urer miiHt return thn tax roll to tlio
council, illHtliiKulHliltiK tbureon tho
iimouut of tuxes paid and IIioho ro
inalnlnK unpaid.
Section III. Tlm council miiHt there
after order thu recorder to deliver tho
tax roll to thu marshal, and Issue uml
annex thereto a warrant directed to
the maiHhul, commiiiulliiK him to pro
ceed forthwith to collect tho delin
quent liixi'H upiN hucIi roll In tho man
ner iirovbled by law and pay tho Hnmo
to tlm IrciiHiirer, together with tl.n
cohIh of colectlon, nnd return tho wnr
rant with IiIh doings thereon and tho
receipt of tho treiiHiirer to tho re
corder. Section 115. Thu warrant for tho
purpose of collecting Kllch delinquent
taxed and iiHHesHineiitH hIiuII bu deemed
nu execution against property, and
Hhnll Imvii ti.e force and effect thereof
against uny person, tlrm or corpora
tion against whom such Iiixch or nn
HCHHUieulH nru levied and ehnrgod on
the tax roll, mid Hhall be executed nnd
returned l I'ke manner except hh In
this net o'lierwlHe provbled.
Section Itfi. If no iinrsniml nronertv
In found whereon I" lew le wirrnnt
or if Unit levied on b not HiiffleliMit to
HtltlHfv the tei'ne It must l levied on
any renl nronertv of tho norsnn. firm
or cnninrntln'l nrnlpsl whom tir tnx
h levied " eh'r'd or HiinVtent there.
if to snllsfv H'i"h wnrnnt. emlni;
fees o' olbeerM uml nil pvivmihph of sale
ni'ii iviiiii t., wnrrnnt.
Seellnn II? I" en of n d-Mnnienl
lux or iiq"iini n''o. nnnn r.nl
n,ono'tv In lhn mimo of ' owner Hn
lrnou'tl lhn W(r"Ml 'hll ho ovnnnled
)iv lnv'lit nnon osch lo or nnrt hern.
of mi'ih prnl",," '" ' '""' 'ovld
t)ireni iil He"'"!? II sotrnlolv
,CneMni 141 mm, n ro-1 nr nronM
n-onortv ' n''l 'or delnnuon,t Inves
l.o Mirli"l "hilt mnl'n nnd deliver
o the Mii-Miivn- nnnn h nmo" In
him f llfM fin for ho honnflt of
(l, .lv n wrlMnntn o' ' thereof
nni1 tK(initf!itw If re nlrt lo of rnl
iiroitoctM . M10 pniHfl In no! rdAeeil
n .Irn.l lll lo eed Im I no
mciniip - " " provided In
,,i,.( vim t ti,. nl
oMnlo 1 Tnl "0iil.., wold for
,lnll''teM l.n . mJmpiI n
, !., 1 I- ),- Vlll o' hl rt
qooiirn irn 'in.nMio. n" nro"r
. -"1 wM.r,nl qo! I In" ,leln,
oittf'. vr ffl.nll lil"! oa fnw n
h nnld to the trpturr nnd tho per-
Hon executing tho warrant must tako
a Hcparato receipt therefor and file the
amo with tho recorder on tho return
of the warrant. At nny time within
hIx ytiara thereafter, the owner of the
property Bold, or his legal representa
tive Ih entitled to n warrant on the
trcaBtircr for such BitrpltiB.
Section 1C1. In case of n salo of per
gonal iiroperty for delinquent taxes, the
true consideration J hereof Hhall he
1 nxprcHBod In tne bill of sale therefor,
and tho return of the person executing
tho warrant must npeclfy hucIi consid
eration nnd tho name of tho purchaser.
I Section lli2. Tho council may pio-
vldo by ordinance within what tlmo n
I warrant for tho collection of delin
quent tnxes or nHsessmentB miiflt bo
returned, and may order an alias war
rant to Issue for the collection of any
such taxcH or assessments not made on
n previous one. All costs and charges
for collecting delinquent t'lxcq or nH
sessmentB must bo mado on tho wnr
rnnt nnd collected ns part of tho tax
or assessment. The council may pro
scribe by ordinance fees and compensa
tion for collecting delinquent taxes,
hut tho enmo fllmll In no enso bo paid
out of the treasury.
Section 13. All property Riibject to
lew unon execution Ir flubjeet to levy
1 upon a warrant for tho collection of
I delinquent taxes or assessments, and
also nil property Riibject to nRResHment
for taxation, iih provided In thin net,
whether tho same he exempt from ex
ecution or not; provided, thnt prop
erty Hhnll not bo Hold for Icrs than the
tax or nHessnient assessed ngilnst It:
and If Hiich nniount Is not bid. tlin mnr-
! Bhnl or oftlrer executing tho warrant.
' Hhnll Htrlko the Hiimo off to the city
1 for mild amount, or return thn name
delinquent, nn mnv ho directed bv the
council. The recorder mnv thereafter,
If the Bnme be struck off to tho cltv
nsslpn certlflcntes to anyone pnylng
thn prlco therefor thnt In required for
tho redemption of riicIi pronerty. And
1 thn recorder shall, oncn eneh venr. un-
ttll the cltv obtniiiH a deed, advertise
and offer Raid cortWcntoH for Halo, but
1 In no enso Relllni' them for Iorr than
tho amount rennlred to redeem Hnld
. nronertv. until thn e'tv nlitnlns n deed,
nnd nnnunllv thereafter ho shnll nd-
vertlRO said Innds for Hnle.
ClIAI'.RnXII.
OK TUB t'OUCB FOIICR.
Feet Inn 1f4. Thn council han nower
to nrovlde for tho nnpolntment of uch
umber of nollcemen nRthny mnv see
tit nnd provide for their compensation,
end to mnlto all neeoHHirv nnd con
venient rules nnd reciilatlnns for the
"ri'itnlzitlnn and conduct of thn force,
for tlm cure nnd mnnngoment of the
eitv nrlson. for thn recelvlne- nnd henr
ii of cnmnlalnts pcnlnRt nnv member
of "'I4 force, nnd for the removal nnd
mmnnnplon of nnv member of "M
force nnd forfeiture of nnv nnd n't of
iio, wres thnt mnv bo dim nnv mem.
er of miidi force on account of nnv
"leond"cl or nei'llceneo In Mm din.
ehnreo of tils dlltv iirovlilod tlnl ,e
mnrnlinl plitill lm ev ofllclo ehl,,f of o.
I'en nnd b"V direction over nil police.
'en while thev nre on dlltv.
"eetlon 154. The nnllce'nen ohnlt
VOOxeftq tio R.IT" 1OWrt "lid nnMwHtv
is the mnrnlinl ';i mnklrT nrreptn nnd
wevpntlni lireic'ien of tlm nonce,
Tliov milPl exercise n vle-llnnt con.
fro! over the pone "nd nulef of the
ellv, nnd overv nnlleemnn pVnll bo.
foo enteln noon tho dtnehnren of
liln duly nt'O nnd onbcr"'e nn on"'
tlm ho Will fnlthfllll" norfnrm. the
iintv for the nerformnncn of which lie
Is nppnlnted.
eiiArriw xiii.
OI' TIIK FlltH HRPAUTMRNT.
Section 1RR. . Hhnll bo tho duty of
the council to provide for the preven
tion and extinguishment of fires, for
tho preservation of property endang
ered thereby, and for tho election or
nppolntment of ofllcera required for
thnt purpose.
Section IhC. Tho council nhall nu
pervlso nnd control tho 8umpter flro
department, and shall by ordinance
declnre what companies composo tho
Rnme. the maximum nnd minimum
membership thereof, and tho officers
of eneh company nnd their respective
duties.
Section lf7. Tho council shall by
ordinance, provide for tho election or
'ippolntmcnt nnnunlly of n chief, first
and second assistant engineers, cither
by the active members of tho flro de
partment, or by election by the coun
cil or by appointment by the mayor.
Such ofllcers of the flro department
shall possess such qualifications as the
council may prescribe. The council
shall provldo who shall net as chief
engineer In tho absence of tho duly
elected or nppointcd chief engineer,
assistant and second assistant engi
neer. Section 153. Tho chief engineer
shall In cases of flro have absolute
control nnd command of tho water
workn, all the engines, hose, hooks nnd
bidders, nnd npnratus belonging to tho
flro department. Ho Hhall at all times,
In conjunction with tho council com
mittee on flro nnd wator( have control
and keep In repnlr nil engines, trucks,
hose, hose cirlnges, hooks and lad
ders belonging to the department, nnd
also public cisterns nnd Are plugs; nnd
It shnll bo tho duty of tho council to
prescribe by ordlnnnco nil rules nnd
regulations In relation to repairs and
Improvements nH mny Bccm best. It
shall bo his duty, snnuld any emer
gency occur, during a flro which In his
Judgment requires tho removal of nnv
building or buildings by the uso of
gunpowder or other menns for tho
piirpoKo of extinguishing Bald flro nnd
preventing tho spreading thereof, to
caiiBo hucIi removal to bo made. Ho
Hhall hnvo power to temporarily sus
pend any company or officer or mem
ber thereof, for tho disobedience of
orders or neglect of duty until n meet
ing of tho council nnd nctlon thereon.
Ho Hlrill renort to the council nil flref
thnt mnv tnko phtco In tho city with
tho cnuso thereof ns well nn can bo as
certained, and tho number nnd descrip
tion of tho buildings destroyed or In
jured, together with tho nnmes of the
owners or occupants thereof, nnd iiIbo
tho estimated Iokh. nnd Riich other In
formation nn may bo deemed neccH
Bary; nnd ho Hhnll make reportB ot
such tlmcH as the council mny nppolnt
of thn condition of tho flro department
nnd of tho property belonging thereto.
Tho chief engineer shnll nlso net ns
fire wnrden. nnd perform such other
duties ns thn council mny by ordl
nnnco prescribe.
Section 1f9. It Bhnll bo tho duty of
the nHHlstnnt engineer nnd second nB
Blstnnt engineer to assist tho chief en
gineer In tho performance of his
duties, and whenever thn chief engi
neer shnll be absent from tho city, or
prevented from nttendlng to the duties
of his olllce. tno nsslstant engineer,
nnd In his absence, the second nsslat
nnt engineer, Bhnll perform nil tho
duties and possess all tho rights and
powers of tho chief during such nb
Ecncn or dlsibllity.
Section ICO. Tho council mny by
ordlnnnco provide bucIi compensation
for thu chief nnd assistant engineer
ami other olllcers nnd members of tho
dopnrtment ns the council mny deem
Just nnd reasonable.
Section lfil. Tho council mny np
proprl'ito from timo to tlmo nuch sums
of money ns mny bo necessnry to keep
the present nppurtus of the flro de
partment In perfect working order, nnd
add thereto engines, hose, hoso car
riages, n system of flro nlnrms and
other necessnry or convenient nppar
atiiH, whenever tho same may bo re
quired. It may also, nR soon ns It mny
deem It expedient, npproprlnto such
suniH of money na mny be necessary to
build and furnish additional engine
houses for 1.10 accomodation of such
department.
MISCRIXANKOUS PROVISIONS.
Section 12. Tho city of Sumpter
shall not be hound by nny contract or
In nny way llablo thereon, unless tho
sauio Is authorized by ordlnnco nnd
made In writing nnd by order of tho
council nnd signed by tho mayor nnd
recorder. Hut nn ordlnnnco mny au
thorize any ocer or ngent of tho city,
naming him, to bind tho city without
11 contract In writing for tho payment
of nny sum of money not exceeding
one hundred dollnrs.
Section 103. Tho city of Sumpter
shall not bo llablo to nny person for
nny loss or injury to person or prop
erty growing out of any casuallty or
accident happening to such person or
property on account of tho condition
of nny street or public ground therein.
Tint this section does not exonerate nny
officer of tho c -y of Sumpter or any
o.her person for such liability, where
such casualty or accident Is caused by
the wilful neglect of a duty enjoined
upon such officer or person by law, or
by the gioss negligence of willful mis
conduct of such officer or person In any
other respect.
Section 1GI. No money shall be
drawn from the treasury except in
pursuance of an appropriation for that
purpose made by tho council at a reg
ular meeting thereof, and a warrant
signed by the mayor and recorder.
Section 103. A member of the coun
cil, for words uttered debate, shall not
bo questioned in any other place.
Section ICC. All porsoiiB heretofore
olected to nny office and now holding
office In tho town of Sumptcr by vlr
tuo of any laws or ordinances of Bald
town of Sumpter heretofore In force,
nro hereby continued In their respect
ive o...ces, and tho city of Sumpter aB
Incorporated by this act, shall bo gov
erned nnd Its nffalrs administered by
tho mayor and board of nldcrmen nnd
other officers heretofore elected or ap
pointed In tho town of Sumpter for
tho terms of which they been re
spectively elected or appointed, sub
ject to tho power granted by this act
of tho mayor and council to remove the
present mnrshal and recorder nnd such
other officers and appoint others m
their places, and subject to all the
provisions of this act
Section 1C7. 'i ho prcsont bonrd of
nldormen of tho town of Sumpter shall
represent tho city of Sumpter ns hereby
crcntcd, ns councllmcn at largo until
tho municipal election provided for
herein to be heiil In tho city of Sump
tcr In December, 1001. Is held, at which
tlmo there shall bo elected, In addition
to any councllmcn who may bo elect
ed nt that time to All a vacancy or un
expired term caitHcd by tho death, resig
nation or removal of any ono or more
of tho threo aldermen elected In Bald
town of Sumpter. In December. 1000,
flvo members of the council, four of
whom shall bo elected for two years,
nnd ono of whom shnll bo olected for
ono yonr. which flvo councllmcn to he
so selected shall bo so apportioned as
to give, togcthor with tho three mem
bers then holding over twn the elec
tion held In December, 1000, or mem
ber or members elected to All nn un
expired term of ono or more of said
threo members, two councllmen from
tach ward In tho city as said wards
nro horelnbeforo bounded nnd de
scribed. Tho two members of tho flvo
members to bo so elected, who Rhall he
elected from tho same ward, shall de
cide by lot. after their election, which
ono of tho two shall serve for one
year nnd which ono of tho two shall
servo for two yonrs. In caso two of
tho three aldermen who were elected
to tho council of tho town of Sumpter
nt tho election which was held In tho
said town of Sumpter In December.
1000. shall, nt tho election to bo held
In tho city of Sumpter, In December.
1901, bo resting In the samo ward of
said city, ns tho wards thereof aro es
tablished by this act. they shall con
tinue to represent such wards, nnd
hold office ns membera of the council,
until tho expiration of the term for
which they nre elected, nnd no elec
tion for councilman shnll bo held In
such wnrd In Dcember. 1001, but nt
tno e'cctlon bo held In December,
1n02, thoro Rhnll ho elected from such
wnrd two councllmen, nnd such coun
cllmen so elected shnll, nftor their
election, decide by tho drawing of lots,
which ono of them shall serve as coun
etlmnn for the .crm of ono year nnd
which ono of them shnll serve for two
yenrn.
Section 1f8. All pronerty, real nnd
nersonnl. rle-bln. privileges nnd Im
munities, touethpr with nil books, pa
pers, records, deeds, mtentn, moneys
nnd accounts, now held, possessed nnd
enjoyed by the prpscnt town of Sump
ter. shall by operation of this net. pass
to and ho held, possessed., retnlned,
and enloypd by tho cltv of Sumpter as
created by this net. And nil contracts
heretofore entered Into bv tho snld
town of Sumpter nnd nil privileges and
frnrchlFes granted by nnld town of
Sumpter nrp hereby continued In full
force nnd effect ns though granted by
thn city of Sumnter ns created by this
net, nnd nil Indebtedness Incurred by
the said town of Sumpter or the offl
clnls tunreof In behalf of said town of
Sumnter. shall bn nnd hereby Is as
sumed bv the city of Sumnter as cre
ated bv this net, and all ordinances and
resolutions noi In conflict with the
nrovlslons of this net. at present In
force In said town of Sumpter, and all