The gazette-times., October 24, 1918, Page PAGE EIGHT, Image 8

PAGE EIGHT
THE GAZETTE-TIMES, HEPPNER, OREGON, THURSDAY , OCTOBER 24, 1918.
PROPOSED NEW CHARTER FOR THE CITY OF HEPPNER
(CpmipMcd from Pigf Two)
under the provisions of this section shall not at any one time exceed in the
aggregate to the amount of Fifteen Thousand ($15,000.00) Dollars, and
the Council may provide by ordinance for the issuance thereof, without
submitting the same to a vote of the electors of the City.
CITY EMPOWERED TO 1SSI E (.ENERAL MUNICIPAL BONDS LIMITA
TION THEREOF:
Sort ion Un. The Common Council of the City of Heppner, is hereby
authorized and empowered to borrow money on the faith of the City for
any specific municipal purpose or purposes in excass of the limitations con
tained in sub-division (.72) oi SectKiu 49. aud Section 107 of this Charter,
and to that end to proviue ior and issue bonds of the City for such purpose
or purpes and riesiuoa e t!'o manner and time of payment thereof and the
interest the-eon. proviiUd. that t '.e amount of said bonds shall not at any
one time exceed tin p;r tout of the assessed valuation of the assessable
property within the i i.y. and that the rate of interest on such bonds shall
not c . . ed ix ;er .cm p r annum; providing further, however, that iu
i'0!..;'Uti::g t:.e .etui warrant and band indebtedness of the City at any time,
ti e imlfi'U ,.:.es. crist-'u Vy the issuance cf warrants, and the issuance oi
local inipro'. emeiu bonds tor local improvements, and the cost of which has
been maOo a iien by ill:?, c ixriar. and the proceeding thereunder, upon the
property be.ieri'ted by such iuiproteiuent, shall not be included in estimat
ing the tola! Ik mildness t t the City at any one time. Any and all prop
ositi ii.s to tfiic bond.- for any specific municipal purpose shall first he
submitted to a vote of the qualified electors to vote thereat at a special
sulmit'ed to a vote of the qualified electors to vote thereat at a spesiai
election for mat purpoM: and such proposition shall receive a majority of
all votes cu.t at such election to authorize the issuance of such bonds, ann
no such bonds shall be issued except as herein provided.
BONDS HOW DISPOSED OK:
Section 111. Before disposing of any of the bonds provided for iu this
Charter, the Council shall require the Recorder to advertke for at least
twenty days in a newspaper published in Morrow County, to be designated
by the Council, for sealed proposals to purchase said bonds or any part
thereof, which said advertisement shall state the amount of the bonds to be
sold, the time the same will become due, the date at which proposals shall
be opened and considered, and that the bonds are issued and disposed
under this Charier.
where the name is entered, or in any notice required vy mis Charter, snail
not render void nor in any way effect the Hen of such assessment upon the
property assessed. The viewers shall receive as compensation for their ser
vices the sum of Two Dollars each for each day actually engaged in said
service, to be paid by the City and charged as costs and assessed as part of
the benefits by said viewers. The Recorder of the City of Heppner shall act
as clerk for said viewers and prepare all reports for them.
NOTICE OK VIEWERS REPORT COUNCIL MAY ADOPT OR REJECT
REPORT:
Section 117. Upon the filing of said report of the viewers with the
Kecorder, ne shall immediately cause a notice to be published for a neriud
of live days in a newspaper published in Morrow County, Oregon, to be
designated ny me council, oi the tiling ot such report, giving the date when
the same will be considered by the Council, describing with convenient
certainty, the boundaries of the district assessed by the viewers in said
report and notifying all persons interested, to present in writing their
objections to said report, if any they have, and said obje-tious. if any
there be, together with said report, shall be heard and determined hv i ,
Council. It shall be the duty of the Recorder, forthwith, to send by "mail,
postpaid, a notice of each assessment, stating the date when the same, will
ne considered ny tne council, anil directing all persons interested to nresent
in writing their objections to said report, if any they have, to the owner
! (if known) of each lot or part thereof or tract of land assessed, or to the
j ;'.L"ent of such owner, when the postoffice address of such owner or agent Is
i '.nowu to mm, and it sucn postomce address be unknown to him. then sue')
totice shall bo directed to such owner or agent at Heppner, Oregon: if such
e-vrt shall appear to the Council to be in all respects reasonable and lust
it may be ad"pted by ordinance embodying such report, or if it shall appear
o i.:e i our-ii mar tne damages or oenetits assessed are unreasonable, un
ust or insufficient in any respect, the Council may send the same back tn
he tarn? viewers for further consideration, and the viewers mav alter mid
revue t.'ie same as they snail deem just, and again roport the same to th"
Council, who may thereupon adopt or reject the same; or said Council may
appoint new viewers with like powers, duties and obligations, as the first
viewers, to make such assessment and awards, and to report the same? to
the Council, who shall have the same power over such reoort as over that
of the originul
APPEAL FROM VIEWERS REPORT:
Section 118. The owner or owners of any lot or part thereof so to be
appropriated as aforesaid,' or of the Improvement thereon, or any person
naving an interest therein, or any person against whom an assessment or
benefit has been made, may appeal to the Circuit Court of the State of
Oregon, for Morrow County, from such report and assessment of damages
and benefits. Any number of persons may join in such appeal', and the
only question to be determined by such appeal shall be the Question of tht
excess of damages over benefits, or the excess of benefits over damages
suffered and received by each person Jolrtlng In such appeal.
APPEAL HOW TAKEN':
At the time specified in the notice provided for in the preceding sub
division of this Section, the Council ihal! proceed to opjn all proposals re
ceived for the purchase of the bonds offered :vul to be disposed of, and
shall sell the said bonds to the person or po'.tvns making the best offer
therefor; provided, the Council shall have av.'.lu rr.y to reject any and all
bids and proposals.
BONDS DENOMINATIONS AND HOW SIGNED:
Sort m 112. Bonds Issued mier 'lie rr visions cf this Charter, shall
be signed by the Mayor, and the Eee...rJ.e. with their title of office, and
shall he drawn in amounts not o.v.etuiu y On;- Thousand ($1,000.00) Dol
lars, and made payable within twe.tJy yscri, int. rest payable semi-annually,
and shall not be sold for less than tl:iv ;-ar value, nor otherwise than for
cash paid down at the time of sale, nor draw a greater rate of Interest than
In this Charter provided.
CHAPTER VIII,
ESTABLISHING AND C-H NGING OF STREETS AND
PLATS OF ADDITIONS.
Article I.
POWER OF COVNTIi, OVER STREETS:
Section 113. The Council of the City of Heppner, is hereby granted
power and authority within the limits of said City of Heppner, whenever
It may deem it expedient, to open, lay out, establish, widen, alter, extend,
vacate, close or improve streets, and to appropriate and condemn private
property therefor.
ENGINEER TO MAKE SURVEY OK STREETS TO BE LAID OUT OR
ESTABLISHED:
Section 119. An appeal shall be taken by serving notice of appeal
within twenty (20) days from the adoption of the report of the viewers by
the Council, upen the Mayor, Recorder cr Attorney of the City, and Iliin-j
an undertaking with one or more sureties, who shail possess the qualifica
tions of bail upen arrest In a civil aciion, and shall lustlfy in like manner
conditioned that the appellant will pay all costs and disbursements that may
he awarded against him on appeal, not exceeding three hundred ($300.00)
Dollars, together with tl'.e proof of service of such notice In the office of the
Clerk of the Circuit Court of said County of Morrow.
APPEAL HOW CONDUCTED:
Section 120. The City shall be considered the plaintiff and such appeal
shall be conducted and determined and the judgment thereon enforced aj
far aa practicable, hi the same manner as an action at law. The jury shall
view the proposed street, the property to be appropriated and the property
against which benefits are assessed, and the evidence of the damages and
benefits may be introduced by -the City and appellant, but the Issue, testi
mony and verdict upon such appeal shall be confined to the parties appeal
ing, and the jury shall not re-assess any damages or benefits unappealeri
from. .The jury, In making the re-assessment damages or benefits, shall
In its apportionment of the same, be governed by the same laws as In this
Charter provided for the action of viewers. The verdict of the jury shall
be final and conclusive, determination of such assessment, unless the. judg
ment rendered in such case shall be reviewed or modified on appeal. An
appeal to the Supreme Court of the state may be taken from such judg
mcnt In the same manner as from other judgments of said Circuit Court,
and with like effect. On an appeal from the report and assessment of
damages and benefits, the fact that one called as a juror is a taxpayer of the
City of Heppner shall not disqualify him from sitting as such juror.
JUDGMENT OF APPEAL:
Section 121. If an appellant falls to recover greater damages or t'
secure a more favorable assessment of benefits as the case may be, thar
were assessed by the viewers, judgment shall be rendered against Mm an-5
his sureties on an appeal for his portion of the costs of such appeal to br
paid pro rata, according to the respective amounts of damages and benefit:
assessed.
POWERS GRANTED TO COUNCIL HOW EXERCISED SURVEY OK
STREET ADOPTED. BY ORDINANCE:
Section 127. The power and authority granted to the Council by this
Charter is granted to the Municipal corporation of the City of Heppner, to
be exercised according to the provisions of this Charter creating such
corporation unless otherwise specially provided therein. The power to ap
prove and adopt the survey of any street must be exercised by ordinance,
and not otherwise.
COUNCIL MAY PROVIDE REGULATIONS:
Section 128. The Council may provide by ordinance any regulations
as to manner of opening, laying out, establishing or changing streets not )n
conflict with this Charter, and may provide by ordinance anything conven
ient and necessary for the affectual carrying out the spirit and intention of
this Charter.
Article II.
Vacation of Streets Plats
NOTICE AND PETITION FOR VACATING STREETS AND PLATS OF
ADDITIONS: t
Sift ion 12J). Whenever any person or corporation Interested thereiD
shall desire the vacation of any street or any part thereof, within the City
of Heppner, the person or corporation so desiring, shall give notice thereof
by advertising for two successive weeks iu a newspaper printed and pub
lished in Morrow County, Oregon, that at a regular meeting of the Council,
to be held at the time contained in such notice of publication, a petition
wiil be presented to the Council, praying for the vacation of such street, or
portion thereof, particularly describing the same. The petition so to be
presented to the Council, shall set forth a desrrlptlon of the-part of the
street proposed or sought to be vacated, and the purpose for which the
ground Is proposed to bo used, and the reason for such vacation, and there
shall be appeneded to such petition, as a part thereof, and as the basis of
such vacatiin, and as a basis of the granting of the prayer of such petition,
the consent of the owners in fee simple of at least two thirds ot the real
estate fronting on both sides of Buch street, which, or part of which, Is prop
osed to be vacated, estimated upon the frontage of the street, such frontage
to commence at a line drawn equi-distant from the termini of the street, or
a portion thereof, proposed to be vacated, and extending along such pro
posed vacation the entire length thereof, and two hundred feet In eacli
direction from the termini thereof, uuless such street shall not be con
tinuous in either direction, in which case the consent of the owners above
provided for shall only be required for the distance that is continuous in
cither direction. The consent of the owners of the requisite number of
front feet heretofore required to be attached to the petition for the vacation
of the street shall be given In writing and duly acknowledged before au
officer duly authorized to administer oath, and such consent shall be at
tached to the petition for the vacation, and such petition and consent shall
he filed with the Recorder. The Council shall, upon the presentation of such
petition, and the filing of the proof of publication of the notice provided,
with the Recorder, fix a time for the hearing of said petition, and the
objections thereto, if any be filed. Provided, that in the vacation of a plat
it shall require the consent of two thirds of all the real estate fronting on
the street designated en such plat. At the time fixed by the Council for the,
hearing of said potltlon and the objection thereto, if any be filed, the'
Council shall ascertain and determine whether the consent of the owners of
(he requisite number of front feet has been obtained as hereinbefore
slated, and such findings shall be made a matter ot record, and shall be
conclusive of the facts as found In all collateral proceedings. If upon such
hearing, the Council shall find that the public interests would not be
prejudiced by the vacation of such street or plat, or part thereof, applied
tor, and that the consent of the owners of the requisite number of front
feet had been obtained, as herein provided, the Council may grant the
prayer of the petitioner, iu whole or In part, and may vacate the street or
plat sought to be vacated by such petition, and cause such vacation to be
made a matter of record.
TITLE OF STREET VACATED:
Section 120. If upon the hearing of the petition for the vacation of
such street or plat, or part thereof, as in the proceeding section provided
for, the Council shall determine that such street or plat should be vacated
and shall by ordinance vacate the same, such street or plat shall be at
tached to the lots or ground bordering on such street or plat, and all right
and title thereto shall vest In the owners of the property on each side there
of, In equal proportions. In every case where a street shall have been
originally dedicated wholly by the owner or owners of the property abutting
upon one side only ol such street, then In the event of the vacation of ruch
.street, all right and title thereto shall vest In the then owner or owners of
he property abutting upon the side of the said street last aforesaid.
VACATION OK STREET OR PLAT BY ORDINANCE RECORD OF SAME:
Section 130. The vacation of any street, alley or plat by the Council,
shall be made by ordinance only, and a certified copy of such ordinance
shall be filed for record and duly .recorded In the office of the County Clerk
of Morrow County, Oregon, and said Clerk shall record the same In the
Records of deeds for said County and place an appropriate reference upon
the margin of the original plat of said streets, alley or plat or part thereof
vacated, to Indicate the book and page where such vacation Is recorded. No
street or plat shall be vacated upon the petition of any person or corpora
tion whereby in such petition it is proposed to re-plat or re-dedlcate any
street or streets in lieu of the original plat or street unless, said petition
shall be accompanied by a plat showing the proposed manner of re-platting
:jf the street, alley or highway, to be dedicated In lieu of the street or streets
asked to be vacated, and attached to which proposed plat or dedication
here shall be the sworn affidavit of the person proposing to make such new
Mat or dedicate such street or highways, that such proposed plat or dedica
tion of streets w ill be made Immediately upon the vacation prayed for in
the petition in consideration thereof.
Article III.
Establishment and Change of Grades.
COUNCIL EMPOWERED TO ESTABLISH AND CHANGE GRADES:
Section 131. All streets, avenues, boulevards, lanes, alleys and bicycle
paths within the corporate limits of the City of Heppner, now open or
dedicated to public use, or which may hereafter he opened or dedicated to
public use, or which have or may become such by prescription or use, shall
be deemed and held to be open, public streets, avenues, boulevards, laries,
alleys and bicycle paths for the purpose of this Charter, and the Council is
hereby empowered to establish and change the grades of the same and fix
the width thereof, and Is hereby Invested with jurisdiction to order to be
done thereon any of the work mentioned in this Charter, in accordance with
the directions and proceedings provided In this Charter,
SAME:
Section 132. The Council Is hereby authorised and empowered to
establish by ordinance the grade of any street within the City, when such
grade has not been established, and may require from the City Engineer or
such other Engineer as may be employed, all maps and data it may deem
necessary in relation thereto.
NOTICE OF RESOLUTION TO CHANGE GRADES:
Section 133. The Council is hereby authorized and empowered to
change by ordinance the grade of any street within the City of Heppner
pursuant to the following provisions: Whenever It shall be deemed neces
sary or expedient to change the grade of any street within the City, the
Council shall pass a resolution declaring its Intention to make such change
of grade and describing the same. Said resolution shall be kept of record In
the office of the Recorder, and shall be published for at lnast two conse
cutive publications In a newspaper of general circulation published In Mor
row County, Oregon. The Recorder shall within three days from the first
publication of said resolution cause to be posted In at leant two places on the
street or streets effected by such change of grade, notices headed, "NOTICE
OF CHANGE OF GRADE," In letters not less than one Inch .length, and
shall in legible characters state that such resolution has been passed by the
Council, the date thereof, and briefly, the change of grade proposed and the
time within written objections or remonstrance against the same may be
made. The Recorder shall keep on file in his office an affidavit of the posting
of said notices, stating therein the date when and the places where the same
have been posted.
REMONSTRANCE MY PROPERTY OWNERS:
Section 134. At any time before twenty days after the first publication
of the resolution provided for In the preceding section, the owners of more
than one half of the property affected by such change of grade may make
and file with the Recorder, written objection or remonstrance against the'
same, and said objections or remonstrance shall be a bar to any further
proceeding thereto, for a period of Bix months, after which if the Council
proposes to change such grade the same proceeding shall be had as in-the
first Instance.
If no such written objections or remonstrance be filed within the time
designated, or If the Council finds that the written objections or remon
strance is not legally signed by the owners of more than one half of the
property affected by the proposed change of grade, the Council shall be
deemed to have acquired jurisdiction to change by ordinance the grade as
described in the resolution previously adopted. '
(Continued next week)
Section 114. Whenever the Council shall deem it expedient to open,
lay out, or establish a new street, or to change an existing street, by widen
ing, altering or extending the same, it shall by Resolution direct the City
Engineer, cr other competent Engineer to make.a survey of such street or
change, ami to make a plat of the same and a written report, containing a
full and complete description of such street or change, and of the bound
aries thereof, and cf the portions cf each lot and tracts of land to be appro
priated therefor. Such Engineer shall make such survey, report and plat,
aud file the same with the Recorder of the City of Heppner within tv.entj
(20) days from the date the same is ordered by the Council, unless said
Council grant him further time. Should the Council deem said survey,
plat and report satisfactory, It shall adopt the same by ordinance embodying
such report. t
VIEWERS TO BE APPOINTED NOTICE THEREOF:
Section 1 15. Thereafter within sixty days from the adoption of such
report, the Council shall appoint three disinterested freeholders of the City
Heppner, possessing the qualifications of jurors of the Circuit Court of
Mo: row County, to view such proposed street or change, and make an as
sessment of damages and benefits as provided in the next following Section
of this Charter, and shall assign a day and place for them to meet, and
shall cause a notice to be given by publication for ten successive days In a
newspaper published in Morrow County, Oregon, to be designated by the
Council, of the appointment of such viewers, with their names and the
time and place appointed for them to meet, and specifying with convenien'
certainty the boundaries and termini of the proposed street to change, and
the boundaries and description of the private property to be appropriated
for such purpose; and the Recorder shall send by mail, postpaid, a copy of
such notice to each of the property owners whose property Is proposed to be
appropriated, or to the agent of such owner, when the postoffice address of
such owner or agent Is known to him, and If such postoffice address Is un
known, then such notice shall be directed to such owner or agent at Hepp
ner, Oregon. The published notice herein provided shall be deemed con
clusive notice to all owners of property whose shall be appropriated for sue!
purpose.
PROCEEDING OF VIEWERS THEIR OATH COMPENSATION:
Section 11(1. The Kecorder shall at least five days before the day set
for such meeting cause said viewers to be notified. of their appointment and
of tin; tit; i. -u.d plate of such meeting, and said viewers shall meet at. th3
tune f ml ; .; designated, and shall then be sworn to faithfully dis
charge the ditties assigned to them. They shall then or on any subsequent
day to wi ich they may adjourn (which adjournment shall not exceed on
week at a time), proceed to view the proposed street or change and de
terniine a:t'i assess how much, if any, less valuable the land or other prop
erty, or tvy part thereof, through or over which the proposed street is to
be opened. ;nd out, established or changed, will be rendered thereby; and
shall also ascertain the respective interest of all persons claiming to be the
owuers ( .f ' e land or other property aforesaid, or of the improvements
therein, or' to have Interest in such land or Improvements, and the damages
which ea: -u f said owners respectfully will sustain. But the right, title or
interest of the owners of such improvement shall not be affected by such
proceeding, and the appropriation of Riich lands of such owners, if such
owners Bi.;,!l within sixty days after the appropriation of such lands shall
within sir ; !ays after the appropriation of such lands Bhall be completed
or wit hi: - h further time as the Council shall allow therefor, apply to
remove such Improvements from said lands; otherwise such Improvements
shall he and become the property of the City of Heppner. Said viewers
shall al'o make a Just and equitable estimate and assessment of the value
of ti e benei 's and advantages of such proposed street or change to the re
spective ov. ,-iers, and other persons Interested, In all lands or other property,
which said viewers shall deem specifically benefitted by such opening, lay
ing out, establishing or changing. Said viewers shall thereafter at their
earliest convenience report the assessment for damages and benefits as In
this Sei ti'in required, to the Council; but any failure to state the name of
any ov. 'i-r or a mistake In the name of any owner, or a statement of a
naiuo in-.'i than the true owner, in such report, assessment, or in
the ordinance adopting such report, or in the Docket of the City Liens
COSTS ON APPEAL:
Section 122. The same fees and costs shall be taxed and paid upon
such appeal as are allowed In other actions.
PROCEEDINGS PRIMA FACIE REGULAR:
Section 123. In all actions, suits and proceedings concerning the
iiiening, laying out, establishing or changing of any street, under the pro-.-huens
of this Charter, all proceedings had for that purpose, shall he
;e.-,umed to have been regular and legally taken until the contrary i.
hown. DOCKET OF CITY LIEN COLLECTION OF ASSESSMENTS:
Section 124. The Council at the expiration of the time limited for
ippeal, if no appeal be taken, or immediately after judgment is rendered or,
veal, If airapiieal bo taken, and if it ahall deem it advisable to open, lay
:it, establish or change said street, in pursuance of said judgment, shall
resolution direct tho Recorder to enter in the Docket of City Liens the
otpective sums of benefits over damages so assessed on each particular lot
f parcel of land, and the names of the owners or other parties in interest
: the lands or other property benefited and assessed In like manner a:
.ssauoats fr sircot improvements are entered iu said Lien Docket, and
hen so adopted said sum shall be a lien or charge upon tho estate and in
.eat of the respective owners and parties interested in such lands or other
rert.y, and also the taid owners and other parties interested as aforesaid
hall be respectively and severally liable: to pay Said assessments, ami in
.ise no appeal or other proceeding in court be taken as to any assessment
f benefits or damages the said excess so assessed shall be paid to the
.'reasurer of the City of Heppner, within ten days from the time of entering
he same on the Docket of City Liens, or the same shall be deemed delln
uent, and thereupon shall be collected in like manner as provided for the
dlectlons of other delinquent assessments, excepting that If all the property
,ipon which assessments are due and delinquent Is not sold at any sale,
roceedlngs may be begun for a subsequent sale immediately after the re
urns of the sale are made. All moneys arising from such assessmests of
benefits shall be kept In a separate fund and be applicable to the satisfaction
if the excess of damages over benefits assessed to owners and other persona
interested in the property taken or damaged for the purpose of laying out,
establishing or changing the streets in the manner In which such benefits
are assessed and for the payment of expenses Incurred by the City for sur
veying, advertising and viewers In said proceeding.
WARRANTS FOR DAMAGES ASSESSMENTS VOID, UNLESS COLLECT
ED WITHIN NINE MONTHS:
Section 12.. Whenever the full amount of the assessment of benefits
is entered in the City Docke t of Liens is paid into the City Treasury, war
rants shall be drawn on Treasurer payable out of the fund to be porvlded
for that purpose, for the amount of excess of damages or excess of damages
and costs assessed and in favor of the owner or owners, or other persons In
Interest, and when said warrants therefor are drawn and -ready for delivery
to the parties entitled to the same, such property shall be doemed appro
priated for the purpose of such streets; and not otherwise; provided, that
no process of any court shall issue to compel any appropriation for damages
or the issuing of warrants for the same. And unless such assessments are
collected and said warrants so drawn and ready for delivery within nine
months after the termination of the time limited for appeal, if no appeal
taken, or within nine months from the date of the rendation of final judg
ment on appeal, If an appeal be taken, all acts and proceedings under such
survey and viewers shall be null and void, the Recorder of the City of Hepp
ner shall not deliver any warrants for damages on account of the opening or
widening of the street until the person for wljom such warrant Is drawn
shall have exhibited to him for satisfactory proof that there are no prior
liens upon the land appropriated which may be affected by such appro
priation. COUNCIL TO DECLARE STREET OPEN WHEN WARRANTS ARE
DRAWN PLAT TO BE FILED:
Section 120. When said warrants are drawn and ready for delivery to
the parties entitled to the same, the property required for public use as
Bhown In the report of the Engineer shall be deemed appropriated for the
purpose of the street, and the Council shall by resolution declare such
street to be opened, laid out, established or changed, and within thirty days
! after the adoption of said resolution, the Engineer shall file for record with
I the Clerk of Morrow County, a copy of said resolution and an accurate plat
of said street, and of the property so appropriated for public use.