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