THK C.AZKTTE-TIME8. HEPPXER, OREGON, THURSDAY, OCTOBER 31, 101S.
PAGE TWO
I
PROPOSED NEW CHARTER
FOR THE CITY OF HEPPNER
AN ACT
An Act proposed by the (ninion Council of the City of Heppner, Mort-ott
l"u:;t, Oiojucn. t enact, provide and adopt a Charter for tlie City of
lleppner, Morrow tVnnty. Oregon, to be submitted to the Ie.al voters
of the i'-tj of lleppner, Morrow County. Oregon, for their approval or
rejection at n pi'iul election to !e held in said City, on the 20l!i day
of !'vcm!.er, liMS. and to rept-al all act-s or parts of acts in conflict
thorev ith.
the rro: lk or the city ok h;:itxer do ordain as follows-.
(Continued from last week.)
J)! 'I.'. S FOR CHAXt.lMi (iRAliE HOW ASSESSED:
Section I '. When the grade of any street has once been established
and any permir.ent i:-.:provcmoms have been constructed on any lot abutting
said street af.n e.! by such change of grade, the owner or owners of such
iir.pn - eiueists. during t lie time designated for filing objections or remon
strances, may file with the Recorder a claim of damage by reason of such
chance of grade, and such claim shall describe the land upon which im-rr.'-vomerrts,
st-tid and estimate of the value of said improvements, and of
the O.Hiuasc which such change of srade will cause to said improvements,
and raid claims and all statements contained therein shall be sworn to by
the party or parties owning said improvements and land, or by their agents
or legal representees. Thereafter, the Council shall appoint three disin
terested freeholders of the City having the same qualifications as viewers
for the opening, laying out and establishing streets, to estimate and de
termine the damages that will be sustained by the owners of improvements
affected by said change of grade, and to assoss the benefits accruing to the
property benefited by such change of grade. The said viewers shall be ap
pointed, and they shall qualify, and notice of their meeting and filing of
their iep: '. shall all be clone in the same manner as similar acts are done
In the opening, laying out and establishing of streets. The said viewers
shall include as part of the benefits assessed, the amount pf their compensa
tion for services, which shall be the sum of $2.00, each for each day actually
engaged in said services, but in no case shall the amount of said assessment
of benefits exceed the actual benefit to the lot or parcel of land or other real
property, so assesses, deducting therefrom any damages cr injuries to the
same parcel of land which are less than said benefits, nor shall any damages
be awarded for any improvements erected prior to ihc establishment of a
grade which is proposed to be changtd and no ac.rd of damages to any
person shall be greater than the amount claimed and sworn to by said
persons as hereinbefore provided, and if in the judgment of said tiewers
the whole amount of said damages and copmersa'i.m of said viewers shall
exceed the actual benefit to the specific property subject to assessment, they
shall so indicate in their report. The said viewers shall make a report of
their findings of benefits and damages to the Ctntaoil. and the same shall be
heard, considered and adopted or set r.ddc. and t''.e asrc3nsent of benefits
shall be levied, docketed and collected and kept in a separate fund, an appeal
from said repqrt may be taken, and the findings of the jury in such case
shall be final and conclusive, all in the same manna- and with the same
effect as is provided in the manner of opening, laying out and establishing
and changing of streets. When such assessment is fully collected, ths
Council, by ordinance, may change the rade of said street, and warrants
shall be drawn upon the special fund so provided In favor of the person
entitled to damages.
POWER OF COl'XCIL EXTENDED TO LANES, ALLEYS, BOULEVARDS,
ETC.
Section 130. The same power and authority granted by this Charter
to the Council to open, lay out, establish and change the grade of streets,
and to widen, alter, extend, vacate and close the same within the limits of
the City of Heppner, and to appropriate and condemn private property
therefor, are hereby granted to said Council to open, lay out. widen, alter,
extend, vacate and close wi'hin the same limits, boulevards, avenues, lanes,
alleys, bridges, bicycle paths, squares, parks, plats and public places, and
to appropriate ar.d cor.d-nr.i private property therefor and to establish and
change the grade of each and like acts and proceedings as those authorized
by this Charter, to be done and had by said Council, the officers of the City,
their agents and employes and others, In the matter of opening, laying out,
establishing, altering, widening, extending, vacating and closing streets,
and in establishing and changing the grade thereof,, are hereby authorized
to be done and had by the Council, and officers and their agents and em
ployes and others in the same manner and with the same effect and limita
tions in the manner of opening, laying out, establishing, widening, alter
ing. rxte-'Mng, vacating, or closing boulevards, avenues, lanes, alleys,
"bridges, bicycle paths, squares, plats, parks and public places within said
limits, and in establishing ami changing the grades thereof as by this
Charter provided for in case of streets.
THE TERM "STREET" DEFINED:
Section 137. The term "street" as used in this Charter shall he con
strued to mean any street, avenue, boulevard, alley or lane,,- which is now,
or may hereafter be opened or dedicated to the public use.
Article IV.
Improvement of Streets and Assessments.
DEFINITIONS OK TERMS
PROVING."
'IMPROVE," "IMPROVEMENT," AND "IM-
Sertion 13f. The tprms "improve," "improvement," and "improv
ing, " as used in this Chapter in reference to streets, shall be construed to
Incli'de all grading, paving, or repavin?, planking or replankiug, macada
mizing, or i e-macadainizHig, graveling or re-graveling, and all manner of
bridt'" work and roadway improvement or repair and all manner of con
stricting sidewalks, crosswalks, gutters and curbs, withir. any of the
streets in the City of Heppner, or any part of any such street.
IMPROVEMENT BY PERMIT: .
Section 13. Whenever the grade of any street has been established,
the Council may authorize the owner or owners of any property thereon to
cut down or fill up such street in front of such property, according to such
grade, under the directions of the Engineer employed by the City, at the
expense of such owner or owners, but the authority mentioned in this
section cannot be granted after notice has been given by the Council of
Intention to improve the street in front of such property. In giving such
cuthor'ty the Council may impose such terms and conditions thereon as
may be necessary to secure the deposit of the earth or other matter
excavated from the streets upon any part thereof which may bo
needed to fill, and to charge fee for said permits to cover any expense in
curred by the City in the survey and inspection of the work to be done.
Section 140. The Common Council is authorized and empowered
whenever it deems it expedient, to establish the grade of any street; to
require the property owner along any street, alley, road or highway within
the City limits, to "improve the same, including intersections, by grading,
graveling, macadamizing, paving, or oilier improvement, and to prescribe
trie kind of improvement and material to be used, and such power shall
Include the right to improve or build the sidewalks, pavements j id curb
ing, to tear up and improve any part thereof now or heroatW laid
out' i ,.d r-lablisl.ed within the corporate limits, to provide fo- the con
fcinir.itm. cleaning and repairing of the same, and the co'ist'-'ietion a:.t1
r, o. .hie ami crot-s walks adjacent to property, by Hie owner thereof
awl !iv the Citv at the expense of such owner, and to make sv-li expend
' a ii i ' up-n the property benefited thereby, and to provide for everything
l.- i t.r arv and convenient for the exercise of such authority: and l.o provide
and i.-i--rr:i rules and regulations not inconsislant with thi.4 Charter fur
,i , ,'.- r.. i.f.-it, i.t' such power, and for making the expenses of any and all
of Pitch improvements, construction, alteration and repairs a lien on the
, . . theretor. and lo d rrn.r:e what lots or parts thereof, or
1 j, .... ;,r ,.,r(,'v ,f land are spe ia':! b-nef.ied by such improvements and
the -amount which each lot or part th'-reot, or piece or parcel oi lanu is
l . .i The cost of improviiii.' the intersections or where two or more
ir'rrect or cross each other shall be assessed to the property
bc-v iu-i or liable therefor, equally against -the quarter of each block
., ,'u... the Intersection. The a-t of the Common Council in determining
iV,. awio-it for which each lot or part thereof, or piece or parcel of land Is
uivAhy such Improvement and liable for the assessment therefor shall
be 1'uial and conclusive.
Si' t-t ion HI. The Common Council may oh petition of at least ten
freeholders of the Citv whose property will be effected by the improve
ment or upon its own motion, if it deems it for the best Interest of the
"I,,)';. i,v resolution or ordinance order the improvement of any street,
nllev V ad or highway, or part thereof, within the corporate limits, in
cluding intersections, by grading, graveling, macadamizing, paving, or
o li r improvement, and require the same to be made to conform to the
" ablM.ed grade, and to be paved, graveled, macadamized or otherwise
improved in the time and manner neiermmeu ujiu j v,.,,.,..,.
Whenever the Common Council shall deem it expedient or necessary to
improve any street, alley, road, or highway, or part thereof Including n
ters " ions, within the City of Heppner, it shall require from the City
Fiu'ineer or other Engineer employed by them, plans and specifications for
jhe kind of improvement determined upon, providing the bngiueer shall
furnish plans and specifications for more than one variety of the kinds of
improvements determined upon, and estimates of the work to be done and
the' probable cost thereof, and the said Engineer shall file such plans, and
specifications and estimates In the office of the Recorder of the City of
Heppner. If the Common Council shall find such plans, specifications and
estimates to be satisfactory, it shall by resolution or ordinance approve the
same, and shall determine the boundaries within which the property lies
that is benefited and to be assessed for such improvement or improvements,
and the action of the Council in determining what property Is benefited
and to be asse.-sed for the cost thereof shall be final and conclusive. The
Common Council shall by resolution or ordinance declare Its purpose of
making such improvement, describing the same and including such En
gineers estimate of probable total cost thereof, and also defining the
boundaries within which the property lies that Is benefited and to be
assessed therefor, and shall fix therein a date for hearing objections or
remonstrances against said proposed improvement. The action of the
Council in declaring its intention to improve any street, alley, road or
highway, or part thereof, including intersections, directing the publication
of notice thereof, approving and adopting the plans, specifications and
estimates of the Engineer, and determining the boundaries within which
the property lies that is benefited and to be assessed for such improvement
dr improvements, and the action of the Council in determining what prop
erty is benefited and to be assessed for the cost thereof shall be final and
conclusive, aud may all be done in one and the same act.
ri'IUJCATION OK RESOLl'TION: NOTICES:
Section M'. The resolution or ordinance of the Council declaring
its purpose to improve the street shall be kept of record in the office of the
City Recorder, and he shall cause the same to be published for at least two
successive v.erks. in a newspaper published in Morrow County, Oregon, to
be des'gnatcd by the Council. The City Recorder within five days from
the first publicatios of said resolution shall cause to be conspicuously
posted at each end of the line of the contemplated improvement a notice
headed, "NOTICEOP STREET WORK," in letters of not less than one
inch in length, and said notice shall contain In legible character a copy of
the resolution of the Council, and the date of Its adoption, and said Re
corder 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.
REMONSTRANCES:
Section 143. Within twenty days from the date of the first publica
tion of the notice required to be published In the preceding section, the
:wner3 of two thirds or more in area of the property within such assess
ment district may make a:id file with the Recorder a written objection to
or remonstrance against said proposed improvement, and said objection
r remonstrance shall be a bar to any further proceeding in the making of
such improvement for a period of six (6) months unless the owners of one
half or more of the property affected as aforesaid shall subsequently
petition therefor; provided, that if any such objection, remonstrance or
petition shall be signed by the agent or attorney of any property owner,
'here shall be filed with theRecorder within the time provided for such
remonstrance cr petition the written authority for such agent or attorney
to sign such remonstrance or petition, otherwise the -signature shall be
disregarded.
JURISDICTION OK COl'NCII. WHEN ACQUIRED:
Section 14 1. If no such objection or remonstrance be made and filed
with the Recorder within the time' designated, or ff any remonstrance filed
's not. legally signed by the owners of two-thirds of the property affected,
the Council she.", bo deemed to have acquired jurisdiction to order the
improvement to be nT.de, and the Council may thereafter any time within
three months from ti e date of the final publication ot its previous resolu
tion by ordinance provide for making such improvement, which shall con
form in all particulars to the plans and specifications previously adopted.
Section 145. The Common Council at the time specified in. said
notice, or at any such other time as it may adjourn the meeting to, shall
hear and determine all objections that may be made by the owners of the
property to be benefited and liable for the cost of such improvement, or
improvements, and after such hearing the Common Couticil shall, if it
decides to make said improvement, declare the same by resolution or
ordinance, and shall specify in such resolution or ordinance with reason
able certainty the street, alley, road or highway, or part thereof, Including
intersections, to be improved, the kind of improvement, or improvements,
the materials to be used and the manner of making such improvement or
improvements, and that such improvement or improvements shall be made
in accordance with one of the plans and specifications previously approved
by them, and the time in which it shall be completed, and that the cost
thereof shall be a charge and lien upon the property benefited and liable
therefor, and describe the boundaries by metes and bounds or otherwise
within which the property lies which shall, be benefited and assessed for
the cost of such improvement or improvements.
Section 148. When the Council shall, by resolution or ordinance,
provide for making an improvement, the City shall be deemed to have ap
propriated and have acquired ownership of all earth above grade and wHniu
the street line for sa-ri improvement, and no private ownership shall there
after be claimed in said earth.
Section 140. The Common Council shall cause to be made the im
provement or improvements so ordered at the expense of the property
benefited thereby; and to that end shall proceed to ascertain and determine
he proportionate share for which ?-U lot, or part, of lot, block or acreage
property shall he liable therefor; ami upon such determination Ixdng com
pleted, shall f':U a statement Mr rei in the ofie of the City Recorder,
vl.i. h shall be kr-own and designated as the PROPOSED ASSESSMENT
!10LL, and describing with convenient certainty the limits of the street,
nHev, read or highway or part thereof, including intersections, and shall
'iv resolution order the Recorder io :;ive at least ten days nolit-3 by publica
tion thereof in a newspaper published in Morrow County, Oregon, and by
ii. .. t. i... .. P li l.l.w.ir nr nnvonM I.rnnnrtv
Sting nonces U'.ereoi, c. ii uacu n:. i u. """ , ... . .....
i-nefitad and liable for the costs of said improvement or improvements,
hat the Common Council on a certain day at a regular mee'iiirt of such
Council, wiil hear and determine all objections to such assessment, and
-ill proceed io assess the pronortiona'c share and part of the cost of such
mnrovement in aceordaticf with the b-urfU accrued upon each lot, part of
lot', block or acreage j.tv.i.eriy, and -i notice shall stato the boundaries
v ithin which the property lies thai is benefited or liable for such proposed
isse?sment. and shall refer for d-tailed information to the PROPOSED
ASSESSMENT ROLL for Eiich improvement on file in the office of the City
Recorder.
Section ISO. At the time and place specified in said notice, or at such
titer time to which the Council mav adjourn the same, the Common
"ouncil shall hear and determine all objections to the assessment of such
-st, and shall then hv ordinance declare the assessment upon each lot,
'dock or acreage proprtv benefited and liable for the cost of such improve
ment or improvements, which trsc-'smcnt shall be final and conclusive.
The Common Council shall direct the Recorder to enter in the Lien Docket
f the City, a statement, containing fl) the name and character of the
'mnrovement; 12) u description of each lot, block or acreage property
Mable for such improvement; CI) the owner or reputed owner thereof, or
'.hat the name of the owner is unknown; (4) the snm assessed on said
nroperty and the date of entering the same in said Uen Docket, but such
date need be entered but once for all the entries made therein on the same
day.
Section 131. When such Lien Docket lias been made up as provided
in the preceding section, the Record-r shall by order of the Council give
wonty days notice to the property owners so assessed that the assessment
's due and payable and will be delinquent after the expiration of twenty
davs. Such net lee shall be given by at least two publications in a news
paper published in Morro-v County. Orc-on, to be designated by the Council,
by )x.,-,tins puc.h notice in throe public places in said City; such notice
hall state, (1) t he name of the si met for which the assessment was
levied and the termini thereof, (2) the boundaries within which the prop
Ttv lies that has herM so assessed, (:"', I the names of the owners as shown
by the Lien Docket, Ml the total amount assessed against the property of
each owner, and. ( f. i shall refer t !he Lien Docket of City Liens for
detailed description and information, and shall further state that the
property owners mtisl either pav in cash or make and file applications to
' ' . . .. , . P fit.f rtn til i'i.;i linn
pay in installments wiinin twenty days troin me uair .....-...
Section l."H. The work of Improvement by grading, graveling, ma
cadamizing, paving or otherwise Improving any street, alley, road or high-
. .. . , ,. . , . i ... ,l.rt l..,.otjt r'nrmslliin
wav, or part tnereoi, snail oe lei oy ronirw:i. 1
bidder, under the plans and specifications heretofore adopted by the
Council, who shall give a bond to the City of lleppner, in such a sum as
mav be determined on by the Council, not exceeding the contract price,
conditioned for the faithful performance of the work to the satisfaction
of the Council, with surety or sureties approved by the Council, and the
provisions shall be enfor-ed bv action in any court having jurisdiction of
that amount in the name of the City of Heppner, and the Council may
lease to any contractor or person any tools, machines, apparatus or ma
terial the City may own, at such rental as the Common Council may
determine. ,
Section No contract to grade, gravel, macadamize, pavo or
otherwise improve any street, alley, road or highway, or pi't thereof,
, , ii ,1 t . ... Tnnnrrlat 1V firtOT OT
; litciuumg linoi'seci ions, snail ne usi. uniii unci wo "'""
the Council shall have given at least ten days notice thereof, by publication
l- - 1.11. I , I.. , nnmrr,,, tn ho dpsfimRted DV
in ft newspaper puuiuHieii in iviorrow oum-jr, w6u"i
the Council, Inviting bids.
Section 154. Such notice shall state the time and place when and
wliere bids for such contract or contracts shall be opened and considered,
, .. ,i . . ... . i. i.n.A,n,inl rr mnrnvfl.
i snail reier io me onnnanco providing ior sucn uhijiuyoi""
1 ments by date and number, and the plans, specifications and estimates, and
jBhall specify what part of such improvement or improvements or repuir
shall be let in one contract, and the time In which the same shall be re
quired to be completed. The Council shall have the right to reject any
and all bids received, and to waive any defects or technicalities in the
Interest of the City and property owners, and upon a proper showing shall
have the right to extend the time of completion of any City or street im
ronievent work.
Section 153. Whenever the Common Council shall have initiated
proceedings to improve any street, alley, road, highway or part thereof,
ncluding intersections, within the corporate limits, and shall have assessed
he cost of such improvement cr improvements to the property benefited
hereby or liable therefor, according to the provisions of the City Charter,
it shall bo lawful for the owner of any property so assessed for Buch im
provement or improvements, at any time within ten days after notice of
such assessment is first published, to file with the Recorder a written ap
plication to pay said assessment or any part thereof, in installments, aud
said application may cover one or more lots, part thereof, or pieces of
property so assessed for the same improvement; and such application shall
state that the applicant and property owner does thereby waive all ir
regularities or defects, jurisdictional or otherwise, in the proceedings to
improve the street, alley, road or highway, or part thereof, for which such
assessment is levied, and in the apportionment of the cost thereof. Said
application shall also contain a provision that said applicant and property
owner agrees to pay such assessment in ten (10) annual installments, with
interest at the same rate and time on all said assessments or installments
which have not been paid as that expressed In the bond or bonds Issued to
pay for such improvement. Said application shall also contain a state
ment by lots or blocks or other convenient description, of the property of
the applicant assessed for such improvement.
Section 13tl. The Common Council may authorize the Mayor to make
and file in the name of the City of lleppner similar application to pay in
installments any assessment for any street improvement levied against any
property owned by the City, in the same manner and to the sanu effect as
granted to other property owners asssessed for street Improvements.
Section 137. The City Recorder shall keep all such applications as
are specified in the preceding sections in convenient form for examination.
The applications received for each street improvement shall be separate,
and he shall also enter in a book for that purpose under separate heads,
for each street improvement, the date of filing of each application, the
name of the applicant, a description of the property, and the amount of
the assessment, as shown by the application. At the expiration of the time
for filing applications for the payment of assessments for improving
streets by installments, the- Recorder shall enter in a docket kept for that
uurpose, under separate heads for each street, by name or number, a
description of each lot or part thereof, block or parcel of land or acreage
oroperty against which such assessment is made, or which bears or is
chargeable for the cost of such improvement, with the name of the owner
and the amount of such unpaid assessment. Such docket shall stand
thereafter as a Hen docket as for taxes assessed and levied in favor of the
City, and for the amounts of such unpaid assessments therein docketed,
with interest on said unpaid assessment at not to exceed six per cent per
annum, interest payable semi-annually, against each lot, or part thereof,
block or parcel of land or acreage property until such assessment and
interest are paid in the manner herein provided; and all unpaid assess
ments and interest shall be and remain a lien on each loU or part thereof,
block "or parcel of land or other property respectively in favor of the City,
and such liens shall have priority over all other liens and incumberancea
whatsoever.
Section 15S. When such bond lion docket shalll be made up, as here
inafter provided, as to the assessments for the Improvements of streets,
the City of Heppner, shall by ordinance authorize the issuance of its bondfr
in convenient denominations, not exceeding five huadred ($500.00) Dol
lars, each, and in all equal to the total amount of the unpaid assessments
for such street improvements and for which applications to pay under the
provisions of the City Charter have been filed, as shown by said bond lien
docket; and such bonds shall by the terms thereof, mature In ten years
from the date thereof, and be payable in Gold Coin of the United States
of America, and bear interest not to exceed six per cent per annum, pay
able semi-annually, said interest to be evidenced by coupons attached to
inch Uonds, and such bonds shall state on the face thereof that all acts,
conditions and things precedent to the issuance ot such bonds have been
duly and regularly performed, happened and complied with, in due time,
form and manner as by law required; provided, the rfght to take up and
cancel such bond or bonds, upon payment, at any time, of the face value
thereof with accrued interest to the date of payment; at any semi-annual
coupon period, at or after one year from the date of such bond or bonds,
shall be reserved by the City, and so recite In each and every bond or bonds,
issued under the provisions thereof. Notice stating that certain bonds are
to be taken up and canceled as aforesaid, and that the Interest thereof
shall cease at the Interest payment period next following, shall be published
In a newspaper published In Morrow County, Oregon, not less than twice
during the month preceding said semi-annual period; and after said semi
annual period, Interest upon tire bonds designated in such notice shall
cease. Such bonds before Issuance, shall be signed by the Mayor, counter
signed by the Recorder, and authenticated by the seal of the City, but the
coupons attached to such bonds may have printed thereon facsimile signa
tures of the Mayor and Recorder; and such bonds shall be registered con
secutively by number and denomination of each, In a book kept by the
Recorder to be known and designated as the "IMPROVEMENT T50ND
REGISTER." Each of such bonds, issued for the improvement of streets,
?hal! have distinctly and plainly Inscribed or printed on the face thereof
the register number of said bond and the words; "IMPROVEMENT BOND,"
with the name of. tho City of Heppner. Such bonds shall bo advertised for
ale and sold to the highest responsible bidder, but for not less than par
nnd accrued in'orcst, and the proceeds thereof shall be paid by the pur
chaser to the Treasurer of the City of Heppner, and the par value thereof
shall be credited to the respective ntroet improvement fund for which the
bond or bonds were issued; and the accrued Interest and premium accruing
(ConCruor) on Pipe S;x)
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are needed for war.
The U. S. Government is calling
for the conservation of meta'
for war uses.
You can help by making
your old range "do"
a little longer. Have it repaired, if
necessary. If it is past repairing, and
you must buy a new range, get a
Majestic. It will save fuel abso
lutely heat-tight. It will save food
balcea right always. It will save re
pairs its malleable iron frame is un
breakable and ka charcoal iron body
resists rust 300 better than steel.
GILLIAM & BISBEE
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genuine Mniestic mat
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