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About The Sumpter miner. (Sumpter, Or.) 1899-1905 | View Entire Issue (May 15, 1901)
Wednesday, May 15, i.oi THE SUMPTER MINER alley or to appropriate money ns here in granted must be exercised by ordi nance, and not otherwise. Section 84. The council may pro vide by ordinance any regulation as to tho manner of opening, laying out or widening streets or alleys not In conflict with this act, and may provide by ordinance anything convenient and necessary for the effectual carrying out of the spirit and intention of this act. Section Lj. In all actions, suits and proceedings concerning tho opening, laying out, establishing and widening of any street or alley under tho pro visions of this act, all proceedings had for that purpose shall bo presumed to have been regularly and legally taken until the contrary Is shown. Section 86. Whenever any such street or alley Is opened, laid out or widened, and the property therefor shnll be deemed to be appropriated to public use, the city engineer shall within thirty days cause to bo re corded with tho recorder of deeds of. Baker county nn accurate plat, and n full and definite description of the same, nnd of tho property so appro priated for public use. Section 87. Whenever nny person or corporation Interested therein shall deslro tho vocation of nny lot, street, nvenuo, alley or part thereof, within tho city of Sumpter, tho person or cor poration so des.ring said vacntlon shall glvo notice by advertisement thereof, for four consecutive weeks In some dally or weekly newspaper published in snld city, that at a regular meeting of the council of said city, to bo hnd at tho time stated In such notice of pub lication, n petition will bo presented to tho council praying for tho vaca tion of such lot, street, avenue, alley or part thereof, particularly describ ing tho same. Tho petition so to be presented to the council shall set forth a description of tho part of tho lot, street, nvenuo or nllcy or part thereof, proposed or sought to be vncnted, and tho purpose for which tho ground is proposed to be used, or the renson for such vacation, and there shall ap pended to such petition as a part thereof, and ns the hnnls for such va cation and m a basis for the granting of the prayer of such petition, the consent of tho owners In fee simple, of at least two-thirds of the real es tato fronting on both sides of said lot, street, nvenuo or alley which or part of w.iich. Is proposed to be va cated, estimated upon the frontage of the lot sixtrt avenue or nlloy, such frontago to commence at a lino drawn across such streets or nlleys equidis tant from the termini from that por tion of the lot, street, avenue or alley proposed to be vacated, and extending along said lot, street, avenue or allov from said termini two hundred feet In each direction, unless such street, avenue or allev shall not be continu ous In either direction from said ter mini two hundred feet; In which case the consent of the owners shove pro vided for shall only be required for the distance that it Is continuous. The council shall, upon the presentation of said petition, and the filing of the proof of the due publication of the notice herein prescribed with the re corder of said cltv, fix a tlmo for hear ing such petition nnd ohtectlons thereto. If nny be filed thereto. At the time fixed bv the council for the henrlnp of such petition nnd tho oblec tlons Wed thereto. If nnv bo filed thereto, the council shnll nscertnln nnd determine whether the consent of tho owners of tho requisite number of front fept hns been obtnlned ns afore said, nnd such finding shnll be mode a mnttor of record, and shnll b con clusive of tho fncts ns found In all collnternl proceedings. If unon such honrlne tho council shnll And thnt tho public Interest would not ho protu dlced bv the vncntlon of such lot. streot nvenuo or nlley, or part thereof, nnplled for, and thnt the consent of tho owners of tho requisite number of front feet h been obtnlned ns hereinbefore provided, the council mnv grnnt the prayer of tho petition. In whole or In nnrt, and mnv vncnte the lot, street, nvenuo or nlley sought to bo vnentel by such petition, nnd cnus such vncntlon to be made a matter of record. Section 88. If upon the henrlnir of the petition for the vncHon of such lot, street, avenue or nlW. or nnrt thereof, an In the precrdlne section provided for, the council shall deter mine that such lot, street, nvenuo or nlley should bo vacated, and shnll by ordinance vacate tho same as therein provided for; such lot, street, avenue or nlley shall bo atached to tho grounds bordering on such street, av enue or alley nnd nil right and title thereto shall vest In the person or the corporation owning tho property on each side thereof in cqunl proportions. Section 89. Tho consent of the own ers of tho requisite numbor of front feet herclnbeforo required to be at tached to tho petition for tho vacntlon of the snld lot, street, nvenuo or nllcy shall be given In writing nnd duly nc knowlcdgcd before nn oftlccr authorized to tako acknowledgements, nnd such consent shnll bo nttached to tho peti tion for such vncntlon, nnd such peti tion nnd consent shnll bo filed with the recorder of the city of Sumpter. Section 00. Tho vncntlon of nny lot. street .avenue or nlley by tho council shnll only bo mndo bv ordlnnnco duly adopted by tho council, nnd n certified copy of such ordinance shnll bo filed for record nnd duly recorded In the office of tho recorder of conveyances of lin ker county, nnd snld county recorder shnll record the snme In the records of deeds for snld county, nnd plnco nn nn proprlnto refcrenco upon the mnrgln of tho pint or pints of said lot, street, nvenuo or nllcy or part thereof vncnt ed to Indicate tho book nnd pice where such vncntlon shnll bo recorded. CHAPTER VIII. OF STIIEETS AND SEWERS, THEIR GUAUI3 AND IMPROVEMENT. SEWERS. Section 01. All streets, avenues, bines mid ulleyB within thu eorpoiuiu limits of tho city of Sumpter as by this act constituted, which have hero toforo been opened and luld out us streets, avenues, lanes or alloys undor tho authority of tho town of Sumpter, or which muy hereafter bo opened or which havo been established us public roads by tho county court of tho coun ty of linker within tho corporuto lim its of tho town of Sumpter us consti tuted by this net, or which havo be come public ways by user, prescription or otherwiso, uro hereby established and declared to bo streets, avenues, lanes nnd alloys of the city of Sumpter, and subject to all tho provisions of this act governing and regulating streets within the city of Sumpter. Section 02. Tho council shall havo power to, and is authorized whenever it deems it expedient, to order tho Improvement of any public grounds within said city; to establish or alter a grade, and Improve a street or any part thereof now or hereafter laid out or established within tho limits of said city, and to lay all necessary sew ers and drnins. Tho power nnd au thority to Improve a street Includes the power and authority to order the whole or any portion, either In length or width, of tho streets, avenues, lanes or alleys of tho city of Sumpter to be graded or regradod to tho offi cial grade, planked or rcplnnkcd, paved or rcpaved, macadamized or re macadamlzed, gravelled or regravollcd, piled or replied, capped or recapped, and to order sldewnlks, gutters, sow ers, mnnholes, culverts, tunnels nnd catch basins to bo constructed, re paired, or kept in repnlr, nnd to order any work to bo done therein which shnll bo noccssnry to complete the wholo or any portion of said streets, avenues, lanes or nlleys, or for the completion or Improvement of npy work dono thereon or therein, or for tho construction of nny sewer or drnln thoroln nnd to order nny of snld work to bo dono in, over, or through nny right of way grnntcd or obtnlned for such purposo; provided, however, and It is hereby expressly enncted, thnt neither tho city of Sumpter or nny officer thereof shnll bo liable for nny portion of tho cost or oxpensn of nny street work, Improvement or tho con struction or repnlr of nnv sewer or drnln by reason of tho delinquency of tho person, persons or pronerty as sessed for tho piymcnt of snld work. Improvement, sewer or drnln, or by renson of the Innblllty of said city of Sumpter to collect nssessments levied for the pnyment of the cost of such work. Improvement, sower or drnln as aforesaid, and no moneys shnll ever bo pnld out of tho general fund of tho city on account of nny such work, Improvement or the construc tion of streets, sewers or drnins; hut tho contractors doing such work shnll look solely to tho property effected by such work or improvements nnd the owncis thereof, unless at the time thnt tho improvement Is ordered tho coun cil shall expressly provido by ordl nnnco mat some portion thereof shnll bo pnld for out of tho general fund; piovidcd, further, thnt tho city may direct tho pnyment out of tho general fund of tho city of the cost of n repair when authorized and dono In accord ance and pui8iinnt to sections 120 nnd 121 of this net; and provided further, that whenever a sidewalk Is out of re pair the superintendent of streets or mnrHhnl shall give notlco to tho owner or owners or their agents, or tho oc cupant of the propei ty fronting thoio on, and if no owner, owners, agents or oecitpnntH enn be found, such notice shnll bo given by the posting of written or printed notlco upon such property or by publishing such notlco nt least onco In a dully or weekly newspaper i piiniished nt Sumpter, Oregon, notify I Ing such owner or agent to repnlr tho 'same wltmn five dnys from tho dnto of I tho service, posting or publication of such notice. And If such owner, own em, iiKcnlB or occupants fall to comply with such notlco within tho time specified, then said superintendent of streets or mnrsnnl shnll report such failure In tho council, nnd tho council shall, If It deems tho sumo expedient, direct tty snld superintendent of streets or mnrshnl to mnko such re pairs us nro required, nnd tho cost thereof shnll bo a Hen upon tho prop erty fronting on such sldewnlks ns mny bo ho, repaired under such nu thorlty, nnd shnll bo collected In tho senme manner as Hens for street Im provements nre collected. Section 03. Iloforo nny work or Im provement nuthorlzed by tho preced ing section is dono or mndo, except ns otherwiso provided In snld preceding section, tho council shnll pnss a reso lution of Intention of mnklng snld Improvements or doing snld work, nnd describing tho work or Improvement, a copy or copies of which resolution shnll bo published for nt least ton days In a dally or wcokly nowspnper pub lished In tho city of Sumpter, or posted In thren public plnces within said city for a llko period. Such copies of said resolution shnll bo prcpnred by tho re corder and delivered to bo published or posted by him as tho enso may bo. Tho resolution nbovo provided for shall specify with convenient certnlnty tho street or pnrt thereof proposed to bo Improved or of which tho grndo Is pro nosed to bo established or nltered, nnd tho kind of Improvement that Is pro posed to bo made. Section 04. within ton dnys from tho expiration or the time for which tho notice required to be given by the preceding section Is given, tho owners of more thnn one-hnlf of tho nroporty nbuttlng on said proposed work or Im provement may mnko nnd file with tho recordor a written objection or re monstrnnco ngnlnst snld proposed work or Improvement nnd snld objec tion or remonstrance so filed shnll be a bnr to nny further proceedings In relation to the doing of snld work or tho making of said Improvement for n period of six months, unless the owners of moro thnn one-hnlf of the property nbuttlng ns nforesnld phnll subsequent ly petition thorefor, hut notlco mny lie nt onco glvon of a different kind or chnrncter of Improvement from thnt first proposed. 8ectlon 05. If no remonstrnnco be so mndo and filed, the council nt Its enrllcst convenience thereafter nnd within six months from tho final pub lication of snld notlco, mny by ordl-' nnnco cptnDl sh tho proposed gridn or nltnrntlon thoreof or commenco to mnko tho proposed Improvement, us herolnnfter provided. I Section 00. In enso the notlco bo for, tho Improvement of a street or part thereof, tho council mny proceed to nscertnln nnd determine tho probable cost of mnklng such Improvement, nnd esses upon eich lot or nnrt thoreof llnblo therefor, Its proportlonntn shnrc Of BllCtl CORt. Section 07. Tho council shnll pro vide by ordlnnnco for tho tlmo nnd mnnner of doing tho work on nny pro posed Improvement, and nfter nrormr i notice, the wor.c shnll bo let to tho lowest responsible bidder, for either tho wholo work neccssnry to complete the proposed improvement, or for such subdivision thereof ns will not mater ially conflict with tho completion of tho remaining portion, but no bid or a fractional part of any class of work chargeable to tho blocks or lots on either side of tho street from one cross street to the other shnll bo received, ! except that sidewalks may bo left sepn- I rntely ns tho council mny direct; pro vided, thnt tho council shnll provido for tho rejection of nny nnd nil bids when deemed unreasonable, and thnt I tho bid of nny person who bus before bid or contracted for such work nnd I been delinquent therein shnll not ho received. Tho council shnll provide I for Hiking security by good nnd sum- 1 dent bond for too faithful perfonuuncn of nny contract mndo under lis au thority and tho provisions thereof shnll bo enforced by nn action In tho 1 nnma of tho city of Sumpter. I Section 08. When tho probnblo cost of nny work or Improvement hns been I ascertained or determined uud the pro- , pnrtlonnto share thereof chnrgeablo to each lot or pnrcel thereof and to ench pleco or pnrcel of bind within tho lim its of such work or Improvement hns I been nssessed, na hereinafter provided, tho council must dcclnre tho snmo by ordlnnnco nnd must nlso mnko an ap propriation out of tho fund to bo col lected from i.io owners of the property 1 nssessed for tho pnyment of tho costH of such work or Improvement, nnd di rect the recorder to enter n stntement of tho probnblo cost nforesnld tit tho i docket of city Hens, ns provldo.l In tho next section. I Section 00. Tho docket of city lions Is a book In which must bo entered In 1 pursunnco of tho preceding section tho I following nintter In relation to nssess ments for the improvement of streets nnd the construction of sewers: 1. Tho number or letter of tho lot nssessed, nnd tho letter or numbor of tho block In which It Is situated, nnd If n ncpnrato assessment Is mndo upon a pnrt of a lot or tract of lnnd, a pnr tlculnr designation of such pnrt or tract 2. Tho nnmo of tho owner thereof, or thnt tho owner Is unknown. .1. Tho sum nssessod upon such lot or pnrt thereof, or tract of land, anil tho dnto of tho entry; provided, thnt a failure to enter tho nnma of tho ownor thereof, or a mistake In tho nnmo of tho owner In such entry, or tho ontry of a nnmo other thnn thnt of tho truo ownor In such lien docket, shall not render void or vitiate such nssess mont, nor In nny way affect tho lion of tho city of Sumpter on tho property described In such lion docket. Section 100. Tho recordor shnll pro pnro an assossmont to cover the cntlro cost of such work or Improvement, nnd apportion tho snmo to tho proporty affected thoroby within tho limits of such work or Improvement, ns de clared by tho ordlnnnco authorizing tho snmo In tho mnnner following, vis: Ench lot or part thoreof within tho limits of aproposed street Improvemont abutting upon tho street shnll ho lln blo for tho full cost of mnklng tho snmo upon half of tho street In front nnd nbuttlng upon It, and also for n proportlnnnto shnro of the cost of Improving tho Intersections of two of tho streets bounding tho block n which such lot or pnrt thereof is sltuntod, unless otherwiso provided for by tho council by ordlnnnco. Hut when tho lnnd lying between tho uinrglnnl lino of tho street to bo Improved mid a lino ono hundred nnd fifty feet dis tant, buck from nnd parallel therewith shnll not bo laid off In lots uud blocks, then tho cost of such fi outage Im provement shnll ho nssessed to the owner or owners of tho lnnd within snld ono hundred nnd llftv feet of snld Improvement nnd shnll bo np proprlnted ns follews: The tract of lnnd lying between tho lino of said street nnd a lino fifty feet distant therefrom nnd pnrnllol therewith shnll bo nssessed flftv per cont of tho totnl cost of snld frontngo Improvement; tho tract of lnnd lying between two lines respectively fifty nnd ono hun dred feet dlstnnt from nnd parallel with tho lino of snld street shall bo nsscHxed thirty ner cent of tho total cost of snld frontngo Improvement; nnd tho tract of lnnd lying between two lines respectively one hundred nnd ono hundred nnd fifty feot dlstnnt from nnd pnrnllol with the lino of snld street shnll be nssessed twenty per cent of tho totnl cost of snld front ngo Imprevement: provided, thnt In tho nssessment of Irregulnr blocks or tracts of lnnd where tho distance to