The Springfield news. (Springfield, Lane County, Or.) 1916-2006, January 13, 1927, Page 6, Image 6

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    PAC.® SI*
TH® SPRINGFIELD NEWS
THURSDAY JANUARY 18. 1027
eat from the d ale of m aking the same, to be re-aaaeaaed agnlnst the property lion, signed bv him self In his o lfid a l capacity
Section 37
In case the notice be for the Improvement of a a ire d or
abutting upon, adjacent to. or benefiting by said Im provem ent. which asses«
pari thereof, the Council shall proceed Io ascertain and determ ine the prob­
ment shall be made In an equitable m anner and as nearly as may be In con
fornUty w ith the provisions o f the charter a l thn lint« the Im provem ent writs able coal of making stn-h kugrovem ent and shall assess upon each lot. tra c t
made, or the Council may adopt a d ifferent pl«n of apportionm ent when In or parcel of land Hable therefor Ila proportionate share of »uch cost ami
for the purpose of making such pro rata asaeasnienls ami apportioning the
Its Judgment It Is essential In order to secure an equitable assessment
coats and expensea of auch proposed Improvement. Including costs of sur­
The Council shall declare by ordinance Its Intention Io make such
vey. plans, assessments and coala of conalructlOh and all other necessary
re-assess men I . which ordinance shall b rie fly describe the Im provem ent. and expensea In connection th c re w llli the Council shall assess upon each l o t
shall declare the intention of the Council Io assess I he cost thereof against t r a d or parcel of laud, bounded by the property line of the street Io be un
the property abutting upon, adjacent Io. or benefited thereby, describing proved and the center of the block or the alley, ami Upon such o th er lamia
each parcel of property which II Intends to so re-assess ami the amount It and premises In the Im m ediate vicinity of sueh proposed Improvement '»
intends to assess against each parcel
Sai l ordinance shall llx a tim e and may be specially benefited thereby, such relative portion of the whole sum
place for holding a m eeting of the Council, at which a ll protests agnlnst to he levied as shall be proportionate Io the estim ated benefits resulting to
such re-assessment or re-assessment» shall be heard
A notice embodying such lot, t r a d , or other lands and premises from surh Im p ro vem ent In Iho
the foregoing provisions of Ibe ordinance, and requiring all persons Inter
Im provem ent of paving an alley sueh assessment »ball be made upon the
ested to appear at said meeting and slate Ih e lr objections to such re-naseav- real estate bounded by (be property line of Ihe alley Io be Improved or paved,
ment. shall be published once in a newspaper of generul circulation and
and the properly line or streets on eith er side of llie alley. When lire land
published in said city, and shall be posted In three places In sold city, of at adjacent Io the street proposed Io be Improved shall ool lm laid off Into
least ten days before such m eeting
blocks, then llie coat o f auch Im provem ent shall tie assoased upon the real
At the tim e appointed In such ordinance, the Council shall hear and cstute situated upon each aide of the street and w ithin one hundred sixty
determ ine all objections which may have been filed and may thereupon. If feet of such street
necessary, revise and c o rrcl such re-asaessmenl. and shall declare the same
Section SM. T h e probable coal of Im proving such Intersection la to
by ordinance to tie a lien upon the respective property assessed and the de­ be assessed upon the lots or parts thereof situated In the q uarter of I I I»
cision of the Common Council so made shall be final w ith respect to the re ­ four blocka ad Join ng such Intersections, but only upon the lota or pari there­
g ularity. valid ity and correctness of such re-assessment, and such re assess of w ith in the q uarter nearest thereto, and In the following proportions five-
mwnt shall be collected In the m anner that other assessments for local lut ninths nt Ihe coat lo the corner lot, and four nlulha Io the lots next Inside.
provementa are entered, enforced and collected under the provisions of the | |,r,,wl<l«««l. that when sny tract adjacent lo said Improvement shall not I»«
Section 1. AU moneys paid for license and collected as fines, as well charter and the laws governing Ihe C ity of S p r in g f ie ld
, ¡a |,| ,,g |B |o« , ,he proportionate coal of the linproveuienl of such Interser-
as a ll moneva collected by taxation, shall form the general fund of the city,
Section 11. T h e docket of city liens Is a public w ritin g and Ihe o r l- , tlon shall bo assessed to Ibe ow ner or owners of such land aa Ilea w lth .il
except as in this act otherwise specially provided
Section S. No person paying a license to the C ity of Springfield In gtnal or certified copies of any m a tte r authorised to be entered therein are one hundred allxy feet of the Intersection
Section 3». I f upon Ihe com pletion of any Improvement II Is found
order lo carrv on anv business or avodfflon w ith in the city lim its fo r which entitled lo the force and effect thereof, and from the tim e of the e n try Ihere-
a llc e n s e la required bv thia act or by any ordinance, shall be required to In of an assessment against any property, the sum so entered la to be deemed that the sum assessed therefor upon any lot or pari thereof Is not sufficient
wav a license tax to the county authorities o f the County of Lane Oregon, a la x levied and a lien against such property, and a ll other property w ithin lo d efray the coat (hereof, the Counrlt must ascertain the deficit and declare
for the same purpose and the C ity Council shall have exclusive control of the City o f Springfield owned by »Uch person al the tim e of sect» entry, the same by ordinance, and when so declared (he Itecorder must enter Ihe
a ll licenses and no part of the income derived therefrom shall go to the | which lieu shall have p rio rity over all other prior or subsequent liens or su'W of the deficit In the docket of city liens In a column reserved for that
,
lun.v
encumbrances w hatever upon the property against which the costa of such purpose In ihe o riginal entry, with the date thereof, and surh deficit shall
p,‘ s
.
. . .
-
_a a . . . .
___. *
i
_ a — —
.* » .8
..« .I
» » L > » llv
. v w o r m i l mat lx mat* I ila * *« •
lla v t t m s i r i i n i ' l l l t l -
Section 1
W henever any person holding any office created by thia act Im provem ent are assessed, and p rio rity over a ll subsequent Hens or encum ­ th e re a fte r be a Hen upon such lot or part thereof In like manner and w ith
brances
on
other
property
In
«he
city
then
owned
by
Ihe
owner
of the pro like effect as In case of Ihe sum o rigin ally assessed, and shall also bo pay­
# r established by ordinance, »hall neglect o r refuse to pay over anv moneys
belonging to the city at the tim e fixed by ordinance for the payment thereof, perty against which auch assessment Is made, and may be enforced against able and may be collected In like m anner and w ith like effect as In Ihe case
his office shall be declared vacant by the Council and some qualified person any property upon which the same la a Hen In Ihe m anner In this chapter of such sum so assessed
Section 30. I f upon ihe completion o f Ihe Improvement It Is found
to serve therein be appointed, as provided in A c tio n fi o f Chapter V I I of provided.
Section 13. A ny assessment levied pursuant to Ihla chapter which la that the sunt assessed therefor upon any property Is more than sufficient to
this act.
Section 4. AH taxes levied by the Common Council »hall be levied not paid w ithin tw en ty days a fte r ihe same la entered In the docket o f city defray the cost (hereof, the Council must ascerlalu and declare the surplus
la the manner provided by Chapter XV1I1 o f the General Law » of Oregon Hens, it shall be the duty of the City Recorder to Issue a w arrant for (be col | In like manner aa In the case of Ihe deficit; when so declared. 11 must he
for 1931 known as the local budget law. entitled. "A n act to require all lection of the same, directed to the M arshal or any person authorised to col- entered aa In Ihe rase of a deficit. In Ihe docket of city liens; and th e re a fte r
the person who paid such surplus or his legal represen (at I vea. la entitled to
m unicipal corporation» as defined in thia act to prepare and file eatim ates of I lect taxes due the city,
1 repaym ent of the same by a w arrant on the treasurer.
proposed expenditures and probable receipts from all sources of revenue, be­
Section 13. Such w arrant shall require the person to whom It Is direct-
Section 31
A ll muney paid or collected on the assessments for the
fore m aking a tax levy; to prescribe the m anner of preparing such estim ates,
to provide fo r the publiction of such estim ates and for a public hearing upon ed to fo rth w ith levy upon the property against which such assesssnent was | im provem ent of the streets shall be kept aa a separate fund, and In nowlaw
made, or other property upon which assessment Is a lien, and sell Ihe aame. used for any other purpose whatsoever
them ; to provide the manner In which levying boards make levies of (axes.
U
or such a pnrt .hereof a , In h l. opinion can be - M ( « F . r . t e l y U, advantage
Hectlon 31. W henever the grade of any street has been established.
all acta or p a r « of a c U In conflict herew ith, and all acta or p an s of a c t. «» P»X » • « *
‘ »«wther w ith In te re .t .c o a ts and d isbursem ent.. In Ihe Council may authorise Ihe owner or owners o f any properly thereon,
am endatory thereof.'
and
a
ll
la
w
.
of
this
state
regulating
and
governing
Ihe
“
>•*
m
anner
provided
by
law.
and
return
the
proceeds
of
stun
sale
to
I
h
.
eol *UU »1 I « - » OS c—
. < -* „ ..,.u a —
.„ ...— a ...
.
. »»<> adjacent (hereto, to cut down or fill up such street In front of such pro-
Jevying
u x s a by
by municipal
municipal corporations
corporations shall
according lo such grade, a t Ihe expense and coal of such owner, under
le v yin g of
of taxes
shall apply
apply so
so fa
ta r r as
aa applicable
applicable C ,‘ X T reasurer and the w arrant to the RM w rdsr. w ith his doings endorsed
H.-
t
h
.
1
-
1
.
.
ew,
r
«
a
.
h e r e in o t h e r w is e thereon, together w ith the receipt of the C ity T reasurer for the proceeds of ,u,-h conditions i and terms aa the Council may determ ine upon
to the levying of taxes by the City of Springfield, except as herein otherw ise
such sale aa paid to him.
provided
C H A R T E R X.
Section 14. Such w arrant shall havs the fo rie and effect of an ex- <
Section 5, I t Is hereby provided that a ll taxes so levied shall be col-
,
,
.
. . „
. __... .
....
..
O R IN IN O S T R E E T *
Meted by the « m e officer In the « m e m anner and at the « m e tim e «» taxes I
» « » '“ «‘
res property. and shall he « r e n te d In like m anner, ex
59 T o prohibit perron» from roauUag nt unreasonable hour»
<0. To pre re n t the erection o f buildings w ith in the city lim it« which
w ll be dangerous to paaaersby or to the adjacent pro perty, and In M M
.a y building or anv public street »hall become dangerous to passers by. tty
Common Count II shall have pow er to cause the same to be removed o r made
ante at the expense of the property, and such expense shall be a lien upon
the property and be collected In the same manner as street improvements
fit
To provide for the erection, construction and maintenance of flood
gates on any property In the city, and to prevent the overflow of w ater on
anv part of the city, and to regulate and control the same
To provide for the erection of a city hall or a nullable bulhllna
to r same; and to provide for the erection or purchase of suitable buildings
to r c ity lall, houses of correction, workhouse», and any other public building
and the government and management of the same, both w ith in and without
the lim its of the city.
.
_ „
<S. To provide by ordinance* for m aking operative the In itia tiv e , recall
and referendum powers reserved by (ho constitution of the State o f Oregon
to the people of the City of Springfield a» to municipal legislation
g4 To enact any and all ordinances, by laws, and regulations not
inconsistent w ith the constitution and laws of this S ta le or the 1’nlted
Slates as shall be needful to the peace, good order, health, cleanliness, o rna­
m ent and general w elfare of the city and to secure the protection o f persons
and property therein
C H A P TE R V III.
O F C IT Y R E V E N U E S .
Cor county purposes are collected by the county o f Lane. I t shall be the « W * •
¡hla ^bap t*5 Ol7?r * t , * l
,!/
*7 - r - h -ro in i- .i.» «
1
Section I. W henever the Council shall deem It expedient to ope«,
d aty or the tax collector of said County to pay to the county T re a s u rer o f ’
8ectlon 15 T h e M arshal ° r o ther officer shalL w ith in sixty days
oul. aatabUih. widen, straighten, or extend a street or alley. It shall
aaid county as often aa once a week, all taxes so collected fo r said city, and - fr<Jni the receipt of said w arrant, sell th e p iW » o rty therein described
UCQ caUlM, t he cjly Suveyor to survey auch propoaed new street, alley, or exten
to furnish the Recorder of said c ity a receipt for each of such amounts by * * * * * * h***
at pub!*c
<° <b*
®w <J*r
5 **b
Il,on* Qr llne to *h lc h the width la to be changed or straightened, and make
him so paid to « i d T reasurer of « i d county
It shall ba the duty o f the * » «
* » « • •»
^ o . t door of he building In whIch «hr city « o u n .il a report (hereof containing a plat of the survey of such s t r e e t or alley, or
T reasurer o f « i d city from tim e to tima. under the d ire c tio n , of the Common h°><«» «»
T t,e
,,h * 1
« A T
the portion of each lot or part thereof, or acreage property required lo be
Council, to make dem and, in w riting of the T re a s u rer of Lane County. Ore- *“ « no,,cT ,1,h 'J T 0tf ° ! T
s n d * h e
^ .Im lT a r ................
.................................................
— --------
" Iha
—
appropriated
tor such street or ............................
alley, which report.
If ------------------
satisfactory to
pan. for any a m o u n « to which a t the tim e said city may be entitled, the said . e P *
. / . I . 1/ .
T..»'™ » L I <"ou“ <'l, * h »11
adopted by an ordinance embodying the same; provided,
notice
in
three
public
places
w
ith
in
«
I
d
c
ity
;
such
notice
shall
contain
•
,ha,
b
*
,o
r*
adoption
thereof
Ihe
Recorder
shall
give
notice
of
the
filing
etty T reasurer giving the County T reasurer his receipt for auy moneys re-
~ ‘
...............
~ ’
description o f the parcel or parcels of land to be sold, and upon which such ,)f , urh
by pub„ ,.BUoB tof , wo
some newspaper published
reived thereon.
sssesaments
are
delinquent,
w
ith the amount of the asseum ents. due upon I
C |ty of t, p rln rt,..|(, or by w r, „ e n notices posted for two wesks at
Section 4. During the last week o f each fiscal year the Common
each tra c t o f land, intrest and costs to date of « l e . Including roats of s d re r
three public places In « I d city, and at the last regular meeting nf lbs Coun
Connell of the city, or sny other departm ent o f city governm ent h a rin g sup-
11 seine nt. together w ith the name of the owner or reputed owner thereof, or ell a fte r the expiration uf such notice, present lo It the « I d report, and
arvtslon o f any funds of the city, shall prepare and have published In some
■ew
r
Ul
m
e
c
n
,
>
uem
ueu
.U
.ir
u
ir
.1
u.
m
e
uueue
m i v u D w i.iu u u . m e
, * * * WOl-d». "O w ner Unknown." •» the « m e may appear In ssld docket o f _____________
e - —- - - - - —
■“ «
altsch lite r» !» _______
a ropy ___
of surh notice w ith Ihe proof e.
of publication
or posting
newspaper
a d e n « e ile
« te m city
e n t and
of the
financial
condition
of the
the • clty ’ J*“* and ahal*
S
ty *^ h o w ln of
g the
the city,
indebted
o d of » the
to whom
owed,
showing
thereon
T
le a u a p i s t e U l m e s « i e . . u u lh
m V
a . . m -
— hereafter, and w ithin sixTy days from the adoption of
bed w ill he
assesv BUcil rep o rt
of the city for the fiscal year and from what sources, and showing P*r re f or parcels of land therein described
be sold to satisfy (he
the assess
Council shall appoint three disinterested freeholders of the
C ity of Springfield, no kin lo any ow ner or person Inlresled In any property
the expenditures of the c ity for the fiscal year and to whom and fo r w bat i ment. Interest and costs due upon each.
Section 18
AU of ssld sales shall be made between the ," ‘u r*
to be appropriated, and ro u ters ng the qualifications of Jurors In courts of
nine o clo ck a. m and four o clock p. m snd each tract or parcel shall h e . justice for I,ane County, to view »uch proposed street or alley, and make th«
C H A P T E R IX .
sold separately. If there be no bidder for sny Ira c t or parcel described ln | «»„essment of the damages. If any. to the respective o a n e r of Ihe property
OF S T R E E T S
T H E IR G R A D E A N O IM P R O V E M E N T
< said w arrant at a sum sufficient to pay the assessment thereon, w ith Inter-
reM„ |rw | t„ be appropriated, and report the « m e to the Common Council.
Section 1. The Common Council shall have power and a u th o rity , e»t BB<* c o s « , the M arshal. If so directed by the Council, shall strike the > -p,,.
viewers shall meet at such tim e as may be designated by the
whenever It deems It expedient, to establish or a lte r the grade of and to lm- i « m e off to the C ity o f Srlngfleld for the whole amount of « I d assessm ent.! Council, and a fte r having been duly sworn lo r affirm edl lo dlachargv Ib e lr
prove or rep air any street or alley, or any p art thereof now or h ere a fte r laid w)th Interest and costs to date of « l e .
i duties faith fu lly , shall proceed and view the whole distance o f « h l proposed
out or esubllshed w ithin the corporate lim its o f the city, and the kind of
Section 17. T he M arshal shall. Im m ediately a fte r having
aoM any , street o r alley and ascertain and delerm 'n . b o w much less valuable. If any.
im provem ent or rep air shall be such as the Council may provide; such pow er r« I property, by v irtu e of such w a rra n t or of any w arrant for the collee '
premises of »uch owner» respectively would be rendered by the opening
sad a u th ority shall Include the power and a u th ority to Improve, build o r j ,,on ot delinquent taxes, make a certificate of « l e of the property so sold.
, bt. »ante
It the Council Is satisfied thul the amount of damages assessed
re p a ir sidewalks, pavement or curbing on any street or alley, and to deter- setting forth therein the object for which the « l e was made, a description bjf Ma|d viewers, or by the Circuit Court upon appeal, as hereinafter provided
m ine and provide for everything convenient or n e c e s « ry concerning such of the property »old. a statem ent of the amount It »old for. of the Im prove Ih j„ a , and equitable and that the proposed street or alley w ill Iw of suffl,-|.
|,np„ r ,j|Bce
,he public to cause the ilumages so assessed and deter-
im provem ent, alterations and rep air; to provide for the construction, clean m ent for which the assessment wa« made, the year In which the tax was
!■« and repairing of side and crosswalks adjacent to property by the owners levied, the amount of such tax or s»»e»»men«. the m m « of the purchaser, and mined to be paid by the city, the Council shall order «he « m e io be paid
thereof, or by the city at the expense o f such owner, and that such expense that the sale is made subject to redem ption w ith in tw o years from the date lo the « I d owners respectively out of the treasury of the city, to be drawn
_______
__________
he a Hen upon the property. The term “ im provem ents'' as used herein shall of the certificate, and then d eliver such certificate to the purchaser. T he a fte r the
tim e for _
appeal
has expired, or _
a fte r a determ ination thereof upon
he construed to Include paving, bard surfacing, planking, graveling, macada ow ner or his successoreln Interest, or sny person having a Hen by Judgment. I un app,.a | aa h ere in a fte r provided; but i f . In the" oplti'ron « f tlw (>>«'hcli such
decree
or
mortgage
on
any
rro
p
e
rty
so
»old.
may
redeem
the
same
upon
the
|
a
lrw
,t
or
a
||Py
«
Bo,
„
f
auffldent
Importance
to the public to cause the'riam -
mixing, repairing, and keeping in repair, and any and a ll other means of
condltlons provided In the next section
ag,. , o he paid by the C ity of Springfield, the Council may refuse to iiprn
bettering the conditions o f a street for public travel.
Section 18. Redem ption of any real property sold for delinquent aa- , Uch street or alley or widen o r extend Ihe same as the case may be
8ection 2. The Common Connell may by ordinance delegate power
to c o n s tru c t improve and rep air side and crosswalks hereby given to It to sessments or taxes under the provisions of Section 15 or other sections of I «„less the damages, or such part thereof as the Council tnsy think proper’
___________________________
__ this charter, may be made
by paving to the Recorder for the purchaser, at Hba||
pa,,j by private parties
’
a n r com mittee or officer, or _________________
both, of the city, _____
and ____________________
prescribe rules and régula
ttons not Inconsistent with this act fo r the enforcem ent of such powers, and anT ,lm e w ithin tw o years from the date of the le rtlflc a te of such « l e . the ,
Section 1. I f It shall appear to the Council (hat Ihe damages assessed
tor making the expense of such improvement», constructions, alteratio n, a n d ' Purchase price and tw ent -five per centum ad 'Itlo n a l. together w ith ten p e r , a rB unreasonable, the Council may set aside such views, und order another
repairs of side and crosswalks in this chapter mentioned, a Hen upon the 'e n tu n i Interest per annum upon the purchase price from the date of such
view under the same regulations as the first view
T h e viewers shall re-
property liable therefor, or the Council may proceed in the m anner herein-! certificate, and the amount of any ta le s paid thereon by the purchaser and calve as compensation for Ih e lr services the sum of >3.00 per day lo be p a il
a fte r provided for the grading and graveling or im proving of any street or 1 Interest thereon from the date of th e ir payment, and the coats of any lm - by , b,. eltv
a lley.
provements made thereon.
Such redem ption »hall disc harge Ihe property |
Section 3. Any person feeling aggrieved by the assessment of such
Section 3. The work of im provem ent by grading o r graveling any 80
from the effect of such sale; and If made by a Hen cred ito r the damages as herein rovlded, may, w ithin th irty days from the adoption of
street or alley shall be let by contract to the lowest responsible bidder, who I amount paid for the redemption shall be th e re a fte r deemed a pari of his Judg Ihe report - of
* the - viewers
*
by Ihe Council, appeal from such report to th«
f t a l l g lre a bond to the C ity of Springfield in auch sum a« may be determ in
“>•'»«. decree or mortgage, as the cas. may be. and shall bear lik e Interest Circuit Court of the State of Oregon, for the County of taine; uny number of
ed npon by the street committee, not exceeding the contract price, condl- ’ an<f may be enforced and collected aa a part thereof,
persons interested may Join in such appeal, and the only question to be de­
tioned (or the faith fu l perform ance of the work to the satisfaction o f the
Section 19
A fte r the expiration of two years from the date o f such term ined by such appeal shall be the question of damages.
S tre e t Commissioner and the Com m ittee on Streets, w ith surety to the retfs- certificate If no redem ption shall have bei n made the M arshal shall execute
Section 4. Such appeal shall be taken In the same manner a-, an
taction of the Com m ittee on S tre e « . and the provisions of such bond shall ‘ o th « purchaser, his heirs or assigns, a deed of conveyance containing a appeal form the assessment of damages In laying out a highway by the
be enforced by an action In the name of the C ity of Springfield
description o f the property sold, a statem ent o f Ihe amount bid. o f the lm County Court, except that the hotlce of uppcal shall be served upon the
Section 4. No contract to grade or gravel any street or alley shall 1 provem ent for which the assessment was made, of the year In which the M ayor. Recorder or C ity Attorney, and may be served by any person over
be let until a fte r the Recorder, by order of the Common Council, »hall have
w a» levied, th a t the assessment or tax was unpaid a t the tim e of Ihe twenty-one years of age not a party to the proceedings, and proof of such
given ten days notice thereof by publication in some newspaper published [ “ >*• ani1 ,h a ’ no redemplon has been m ade; and Ihe effect of such deed service may be made In the same manner as proof of the service of summons
lo the C ity of Springfield, or by posting notice thereof in three public places I H*>all be to convey to the grantee therein named the legal and equitable title
Section 6. I f any appellant rails to recover a Judg. ment more favor­
in said city, not less than ten days prior to the tim e of letting such con- I"
simple to the real property In such deed described; and auch deed able that a report appealed from, they shall pay all costs and dlsbursemenls
shall be prfma facie evidence of title In such grantee, and that all proceed­ of the appeal.
tract.
Section 5. Such notice shall state the tim e when, and the place where ings and acts necessary to make such deed In all respects good and valid
Section «
In estim ating the damages of the premises of any person
bids w ill be opened and said contract w ill be let. and re fe r to the ordinance have been had and done, and such prim a facie evidence shall not be dis­ pursuant to this chapter. Ihe viewers and Jury shall be governed by the d if­
providing for the Im provem ent of such street or alley by number and the puted. overcome or rebutted, or the effect thereof avoided, except by satis­ ference In m arket value. If any. of Ihe premises of su< h person before and
(1 , Fraud’ In m aking the assessment, or In the a fte r the opening, widening, extending, or straightening of any street or alley
date of its passage, and shall specify w hat p art of im provem ent or rep air factory proof o f e ith e r:
shall be let in one contract, and the tim e w ithin which the same shall be a«i»essment or collection of the tax ; ( I ) payment of the assessment or tax and mny consider any use of the premises for which II Is adopted Including
before « l e or redemption a fte r sale; (1 ) th a t paym ent o r redem ption was the p la itin g
_ of the same Into lots and _________
required to be done.
blocks and lh a l It consider only such
tt rex fs res * as CVS*
n x */sVv sz »■ s i I s> «
e caused
a n a * « l X by
> a« such street
* or alley
aa
—
Section 6. The owner of tw o-thirds of the propierty adjacent to such prevented by fraud of the purchaser; (4 ) th a t the property was sold f o r i 11
damages
or I Inconveniences
us affeets'the"use
•tre e t or alley, or part thereof to be Improved, shall have the right to malt,. * * assessment or tax for which n eith e r said property nor th e owner thereof . ,,f „aid premise» for the purpose for which II Is most valuable In the m arker
and file w ith the Recorder a w ritten rem onstrance against the proposed lm- at **>e tim e of sale was Hable, and th a t no part of the assessment or tax J
Section 7. When two or more fM-rsons Join In an appeal and a nart
provement or repair at any tim e before the last tw o preceding davs stated
assessed or levied upon the property sold.
I only recover damages more favornblc than Ihe report appealed from th e
in aaid notice for letting of such contract.
I
Section 20
A M ie o f real property under the provisions of this chap , C ircu it Court shall apportion the costs smong the parties thereto as In 1«
Section 7. If a remonstrance be filed signed by tw o thirds of the
conveys to the purchaser, subject to redemption as herein provided all j discretion may seem equitable and Just.
ow ners of the property abutting on said street or alley to be so improved or ,he real
« f Interest therein of the owner, w hether known or unknown
Hection 8. No Judgment for damages against the city obtained In any
repaired no contract shall be let therefor u n til the Council shall consider to reth er » Ith all the rights and appurtenances thereunto belonging
court shall be enforced against « I d city when Ihe Council shall determ ine
and determ ine the necessities of such improvements or repairs but If a fte r
Section 21
When an assessment upon any lot, tract or part thereof that the streeet or alley Is not of sufficient Importance to Justify the est
consideration by the Council of the ordinance req uiring and directing such becomes d elin q u e n t any person having a lien thereon by Judgm ent decree abllshm ent of the same, a fter the appeal shall have been determ ined
Im p ro vem ent two thirds of all the Councilmen shall vote fo r the same, and or mortgage may. at any tim e before the sale of such lot. tra c t or part
Sevtlon 9
Such an appeal shall In- deemed and he heard and deter-
the M ayor shall again approve the ordinance, the contracts for such Improve- ‘ b en of. p.
the same, and such paym ent discharges the property ffom the mined and the Judgment thereon enforced, so far as practicable In Ihe s a m e
m e n « or repairs may be let as if no rem onstrance had been filed, eith er *ff*c t of the assessment: and the am ount of such delinquent taxes and all m anner as an action a t law ; and In case two or more persons Join In s A l
apon the bids already received therefor, or the Recorder inay give notice accruing costs and rhargea. If any. when so paid. Is th e re a fte r to be deemed ,
again, as provided In Section 4 of Chapter IX o f this set. as the Council • Pa rl of MU<h ll‘*n "-editor's Judgment, decree or mortgage, as the case may | and In th eir verdict find the amount of damages, If aiiy su»«,|ne,l",»,.".'"2«’'h
shall direct.
be. and shall bear like Interest, and be enforced snd collected as a part app ellan t; the verd ict of the Jury shall be final and conclusive A
i '"
tlon o f the nature of surh assessment
" * on<
rtetermlna-
8ectlon 8. If no remonstrance be filed, as above provided, the con- thereof,
tra c t to grade and gravel such street or alley may be let as In such notice
Section 22
W henever any lot. tra c t or part thereo f sold under the
Bection 10
If no fu rth e r view be ordered, the Council s h a ll . t » h i .
stated; provided, that the Common Council or Street Com m ittee may re- provisions of this chapter, shall bring more than the assessment thereon, fo rty days a fte r the expiration of (he time herein lim ited for appeal | ’ n"
Ject any and all bids.
w ith costs and charges of collection, the surplus must be paid to the Treas- appeal sfia l be taken within forty days a fte r Judgment | , re n dered or If ?n
Section 9. A fte r the probable cost o f such im provem ent has been cr* r - an«l Ihe officer executing the w a rra n t must la k e r rr- Ipt for such sur- appeal be taken, order a w arrant drawn „non the T reasurer for t h . amoun"
’
ascertained and the proportionate share thereof to each lot. part of lot and l’' u* an<l HI* •• w ,th the Recorder on the return of the w arrant. At any tim e of damage or damages and costs assessed to the owner o r . . A . .
‘ »n Pr ')p* r ‘ y appropriated In favor of such owner or " Z n e r 7 T l t
acreage property liable therefor, has been determ ined, the Common Council thereafter, the ow ner or his legal representative Is entitled to a w arrant “J “.1/ /
shall declare the same by ordinance and direct Its clerk to enter In the uP,,n the T re a s u rer for sueh surplus; provided, whenever any lot, tra c t or shall dealre to open, lay nut. establish, widen, straighten o r . T . A a ’ 5 2
2
docket of the city llena a statem ent thereof c o n « in ln g :—
part thereof sold under the provisions of this chapter shall b ring less than street, and cause auch report, aurvey and plat to he recorded in t i l * " n
of C ity Surveys." and from thenceforth said s trre t Sh2ll A e„e .a
1. A description of each lot. part of lot. or acreage property for su h the assessment thereon Ihe Common Council shall supply the deficiency out
of the general fund. If In the opinion o f the Council such Im provem ent Is opened, laid oul and established, widened, straightened or ,.sten |l' <. ',r‘*d
Im provem ent sufficient for Identification.
2. T he name of the owner or reputed ow ner thereof, or th a t the necessary.
case may be. and the Council shall t attse an order to A u e d lr e c i n “ " m
mhiih citric tln< Raid
8ectlon 23. The return o f the officer executing the w a rra n t must Btre«t to b«‘ op^nwl.
ow ner Is unknown.
S e c tio n 11
T h e ' R e c o rd o f C ity Surveys“ In n honir in ..
u
3. The sum assessed upon such property and the date of entering aP*olfy the amonut for which each lot, tra c t or part thereo f sold, and the
be entered by the Recorder the report and plat o f th e e lt v
<h ’n 'M t
the same In the docket of city liens. For a ll purposes of this chapter any '« m e of the purchaser.
,7
num ber of lots, parts of lo « , and acreages property owned by any one per-
Section 24
In m aking a deed fo r real property sold for a delinquent survey made by him under the direction o M h e CouneH to
*h* .
”f
son may be assessed together, and sorb part shall he Hable for the assess- ■
’» « •‘»»ment or Improvement of a street. It Is not neresssry to recite or set opening, laying out, establishing, widening a tru le h te n in t
street
or
alley,
the
date
of
the
filing
thereof
w
ill,
t
h
J
o
*
,,r
"
xh,ndlng
any
m ent of the whole.
fourth the proceeding« p rio r to the sale; It Is sufficient If It substantially ap-
the publication or posting of the notice thereof the ’l,?I
'»>« <'«»» of
Sectlon 10. W henever, heretofore or hereafter, the Common Council P’'ara from such deed that the property was sold by virtue of a w a rra n t from thereon, and the date thereof, and "he final a rt|o „
, 7 'r " " ' „ ' T Co“ 011
has caused or may cause any street or alley to be Improved, or has caused ,h '* r , , 7 nf Springfield, and the date thereof for a delinquent assessment or
such Street or alley, with the date thereof and th
" i” ^ 1
r,,|* d,,n
or may cause any sewer or w ater main to be laid, or any local Improvement tax and the amount thereof, and Interest and costs, together with the date of to
surveys made by the c.ty S u rveyA ' as 't t c o 'i n 'e » X
K
*
whatsoever to be made, and has or may h ere a fte r assess or attem pt to assess sale, and the amount bid thereat by the purchaser.
Section 12
The Record of C ity Hurvevs'' Is a n „ h ii
Section 25. Real property, when sold for or to satisfy a delinquent
against the property abu ttin g upon, adjacent to. or benefited thereby, the
o rigin al or copy thereof certified to by the Recorded o»b n w rlt,n * 8,1,1 lh '*
coat of such Im provem ent, and such asaeaanu-nt by reason of failure to give assessment or tax. must be sold for U nited Stales gold or silver coin, and
lie
d
to
be
entered
therein or entitled to the force and iffs e t 7 " “ s'" 8 U t h o r '
a n y notice, or because of a tw o-thirds rem onstrance, or because of anv. not otherw ise; and anyone applying or seeking to redeem property so sold,
Section 13. T he Common Council haa auihorU v and
h
J
o th er defect, or other Irre g u la r Jurisdiction, or otherw ise leading up to the as In this act provided, m ust pay or offer to pay the sum necessary therefor
lie d , when It shall deem It expedient to open e s ta h H .t d a h,"reby 8u»hor-
m aking of such Improvem ent or the levying or assessment therefor shall in such coin, and not otherwise.
upon the roadbed o f and upon or across a A ? c o n n
Mnd OC8t,‘
Section 2«. The Recorder shall, upon receiving and filing the dupll
be declared to be rold by any c o u rt o r If the Council shall be of the opinion
, o r r a ilw a v
"R «ny county rood or public h
« h ..v
highway
th a t ssld assessment is Illegal or doubtful by any omission or defect, the , cate receipt provided In Section 13. Im m ediately cancel aaid lien upon said I or ra ilw a y right-of-way w ithin Ihe corporate lim its o fT h t ru«
. docket o f city Hens, by entering upon the face thereo f an entry of sa tls fa c-'
" m n " of ,hp C lty * * Springfield,
Council may cause the cost of such Im provem ent, together w ith legal In ter
’