Heppner Gazette Times, Thursday, April 13, 1950
ORDINANCE
An ( fffluu'fM'i -ntit!rd, "An
Ordinance to pn iV Id the sub
jf . -i iti to tl.i- ryiM ii-ij olris
Hip .rom it )c
tuiri ri,iiii(M"t"
c.f Jloardman;
SM'(.'i.J i in in!
IMill'V him!
to ;ij?M-ini ?inii
mill ' !"!. s 1h
,! .-. ".m xinp, eer-;ui-.i
I" the City
fi jiiojilr hr a
Im pruwilo fur
me j 1 1 hi ; .Hid
li-Mpi.ili1 judge
il.'t."
WHEREAS, it the detcrmina
liun and opinion oi the Common
( iiiiiki! oi i lu- i tty c! B-oardman
thai fur t lie ti ace, health and
public .-oh ..ii! uTo thf inhabi
tants n the i ity of Boardman
anil nf i)h proposed territory to
In ,iiit!i'cii thai a certain ter
ritory con! ifuuus to the City of
l;o..iilman In' annexed to said
city, and that such proposal be
sutitm; i i-ii to the registered voters i
of Hie ( it y of Boardman and
tin- territory proposed lo be an
nrvd; and
WHEREAS, it is necessary,
then-lore, to pro ide for an elec
tion m said city and the ter
ritory proposed to be annexed;
to provide for and designate the
polling places for said election;
to provide for and appoint and
designate the judges and clerks
for said election; and to provide
for notice of said election,
THK PEOPLE OF THE CITY
OF BOARDMAN DO ORDAIN AS
FOLLOWS:
Section 1. The C' mmon Council
of the City of Boardman does
adopt and confirm the pioposed
annexation, and said proposed
annexation of the following
hounded and described area con
tiguous to the City of Boardman,
Morrow County, Oregon is heie
bv ordered to he submitted to
the registered voters o the City
of Boardman and the territory
proposed to be annexed, for their
approval or for their rejection;
'Commencing at a point 10SO
feet North of a point 4S feet
East of the Southeast corner
of Lot 3, Section S, Town
shin 4 North. F.ange 25 East
of the Willamette Meridan.
and running thence North to
the South meander line oi
the Columbia River, thence
West along said meander
line 300 feet, thence South
1o the North boundary line
of the O.W.R. & N. Co. right
of way. thence southwesterly
along said North boundary
line to the extended West
boundary line of Lucerne
Avenue of the City of Board
man. thence South to the Co
lumbia River Highway.
thence East feet, thence
North 60 feet to the South
boundary line of the O.W. R.
&- N. Co. right of way, thence
North. Easterly along said
South boundary line 1434 feet
to ihp Tvnnt of thp begin
ning, in Morrow County, Ore- j
pon.''
This description is based on
the present incorporated
boundary of Boardman which
is as follows:
"Commencing at a point 4S
feet East of the Southeast
corner of Lot 3. Section S.
Township 4 North. Range 25
East of the Willamette Meri
dian, and running thence
West 1519 feet, thence North
860 feet to the Columbia
River Highway, thence East
2S5 feet, ihence North 60 feet
to the South line of the O.W.
R. & N. Co. right of way.
thence Northeasterly 1434
feet along said South line,
thence South 1080 feet to the
point of beginning in Morrow
County. Oregon."
Section 2. That a special election
will be heid for the approval or
rejection of said proposed an
nexation within the City of
Boardman and within the terri
tory proposed to be annexed. Said
election will be held on the 19th
day of May, 1950. The polling
places in said city and the ter
ritory proposed to be annexed
will "be open from eight o'clock
in the morning until eight o'clock
in the evening of said day.
Section 3. The polling place in
said city for said election shall
be at the usual polling place
therein, to wit: Greenfield grange
hall. The polling place in the
territory proposed to be annexed
for said election shall be a booth
North of lain street in property
to be annexed.
Section J. That notice of said
election shai) be given by publi
cation prior to said election once
each week for four successive
weeks in the Heppner Gazette
Times, a newspaper of general
circulation in the City of Board
man and the territory proposed
to be annexed. Notice shall also
be given by posting notices of
(aid election in four public
places within the City of Board
man and in lour public places
in the territory proposed to be
annexed, and said posted notices
shall be posted for a iike period
as provided for the publication
of notice. Said notice shall read,
substantially, as follows:
NOTK E OF ANNEXATION
1 I.t-.ni' N
NOTICE IS HEREBY GIVEN
that an election will be held
in the City of Boardman.
Oiigon and in the following
dcscrilH d ternlory which is
proposed to be annexed to
the City of Boardman. and
said teiiitory proposed to be
annexi d is bounded and de
scribed as follows:
"( ommeneing at a point 1030
feet North of a point 43 feet
East o! the Southeast corner
of Lot 3, Section X. Township
I North. Mange 25 East of the
Willamette Meridian, and
running thence North to the
South meander line of the
Columbia River, thence West!
along said meander line 300 1
feet, thence South to the:
Noiih boundary line of the i
O W R. & N. Co. right of way.
thence Southwesterly along j
said North boundary line to t
the extended boundary line I
of Lucerne Ave. of the City
Lucerne Avenue of the City
ol Hoatdtnan, thence South
lo the Columbia River High
way, thence East 285 feet,
thence Norih W) feet to the
South boundary line of the
OW.R. A; ft. Co right of way.
thence North, Easterly along
aid South boundary line
1134 feet to the oint of be
ginning, in Monow County,
t iKgon."
This description I based on
the present Incorporated
boundary of Boardman which
Is as tuliowk:
"Commencing at a point 48
(eel East of the Southeast
corner of Lot 3, Section 8,
Township 4 North, Range 25
l ast of the Willamette Meri
dian, and running thence
West lid!) feet, thence North
sji feet to the Columbia
River Highway, thence East
2s5 foot, thence North tiO feet
to the South line of the O.W.
R. & N. Co. right of way.
thence Northeasterly 1434
ieet along said South line.
thence South 10SO feet to
the point of beginning in 1
Morrow County, Oregon."
The election will be held on
the 19th day of May. 1950,
and all registered voters in
The City of Boardman and in
the territory proposed to be
annexed are hereby invited
to vote upon the annexation
of said territory to the City
of Boardman. pursuant to
the provisions of Section 95
901, Oregon Compiled Laws
Annotated. 1940, as amend
ed prior hereto.
The polling places will be
open from 8:00 o'clock in the
morning until 8 o'clock in
the evening of said day. The
polling place in said city for
said election shall be at the
usual polling place therein,
the polling place used for the
last preceding general elec
tion, to - wit: Greenfield
Grange hall. The polling
place in said territory pro
posed to be annaxed for said
election shall be. at booth
North of Main street. The
Common Council, by ordi
nance, has appointed Mrs.
Grace Macomber and Mrs.
Mabel O. Peck, judges, and
Mrs. Daisy E. Gillespie, Mrs.
Flossie Coats, and Mrs.
Evelyn Black, clerks of said
election to serve in said pol
ling places in the said City
of Boardman. The Common
Council, bv ordinance, has
appointed Josephine Rands
and Elvira Harwood, judges
and Norma Gwinn, Mr. Vet
Conyers and Fred G. Smith,
clerks of said election to
serve in said polling places
in the said territory proposed
to be annexed.
DAISY E. GILLESPIE
City Recorder
The city recorder is hereby
ordered and directed to publish
and post said notice of said eicc.
tion in compliance with this ordi
nance Section 5. That Mrs. Grace
Macomber. Mrs. Mabel O. Peck
are hereby appointed judges of
said election and that Mrs. Daisy
E. Gillespie. Mrs. Flossie Coats,
and Mrs. Evelyn Black are here
by appointed clerks of said elec
tion, and said appointed judges
and clerks shall serve at said
election within the City of Board
man. Mrs. Josephine Rands and
Mrs. Elvira Harwood are hereby
appointed judges of said elec
tion, and Mrs. Norma Gwinn. Mr.
Vet Conyers and Fred G. Smith
are hereby appointed clerks of
said election, and said appoint
ed judges and clerks shall serve
m said election within the ter
ritory proposed to be annexed.
Section 6. That the ballot and
ballot title for said election shall
read as follows:
OFFICIAL BALLOT
Shall the following bounded
and described area, lying
North and contiguous to the
City of Boardman. be annex
ed to the City of Boardman?
"Commencing at a point
1080 feet North of a point
48 feet East of the Southeast
corner of Lot 3. Section 8.
Township 4 North, Range 25
East of the Willamette Meri
dian, and running thence
North to the South meander
line of the Columbia River,
thence West along said
meander line 300 feet thence
South to the North boundary-
line of the O.W.R. & N. Co.
right of way. thence south
westerly along said North
boundary line to the extend
ed West boundary line of
Lucerne Avenue of the City
of Boardman. thence South
to the Columbia River High
way, thence East 285 feet
thence North 60 feet to the
South boundary line of the
O W.R. &N. Co. right oi way,
thence North, Easterly along
said South boundary line
1434 feet to the point of be
ginning, in Morrow County,
Oregon."
This description is based on
the present incorporated
boundary of Boardman which
is as fo lows:
"Commencing at a point 48
feet East of the Southeast
corner of Lot 3. Section 8,
Township 4 North, flange 25
hast oi tne Willamette .vier
idian. and running thence
West 1(119 feet, thence North
S00 feet to the Columbia Riv
er Highway, thence East 285
feet, thence North 60 feet to
the South line of the O.W.R.
S- N. Co. right of way, thence
Northeasterly 1434 feet along
said South line, thence Soutn
10KO feet to the point of be
ginning in Morrow County,
Oregon."
100 For annexation.
101 Against annexation.
Passed bv the Common Coun
cil of the City of Boardman this
101 h dav of April. 19:0.
YEAS 4.
NAYS 0.
ROYAL B. RANDS, Mayor
Attest by the City Recorder
Daisy E. Gillespie
This ordinance is approved by
the Mayor of the City of Board
man this 10th day of April, 1950.
ROYAL B. RANDS, Mayor
4 -c
ORDINANCE No. 24
An Ordinance entitled, "An
ordinance to provide for carry
ing into effect in the City of
Boardman the Initiative and Ref
erendum powers served to the
legal voters of municipalities by
Section 1-A of Article IV of the
Constitution of the State of Ore
gon, and to enact and amend
their municipal charters reserved
to the legal voters of cities and
towns by Section 2, Article XI
of the Constitution of the State
of Oregon, and repealing all ordi
nances and parts of ordinances
in conflict herewith, and declar
ing an emergency."
THE PEOPLE OF THE CITY
OF FMiARDMAN DO ORDAIN AS
Ft iLLOVNS:
Section 1. The following shall
be substantially the form of peti
tion for the referendum to the
people on uny ordinance passed
bv the council:
PETITION FOR REFERENDUM
To the Honorable , Recorder
of the City of Boardman, Oregon: i
We, the undersigned citizens;
and legal voters of the City of i
Boardman, State of Oregon," re-!
specttully order that Ordinance!
No. of the City of Boardman,!
entitled , passed by the Coun. I
oil cf the City of Boardman at I
the (special i meeting on the..;
day of , 19 . shall be referred
to the legal voters of the City
of Boardman for their approval!
or rejection at the (regular);
(special) City election to be held j
on the day" of , A.D.. 19 ,
and each for himself says: I !
have personally signed this poti- j
tion; I am a legal voter of the'
City of Boardman; my residence-
and address are correctly written
after my name.
Name " . . Residence
Street No.
(Then follow. '20 numbered lines
for signatures).
Section 2. The following shall be
substantially the form of petition
for any ordinance or amendment
to the charter proposed by the
initiative:
' INITIATIVE PETITION
To the Honorable , Recorder
of the City of Boardman:
We, the undersigned legal vo
ters of the City of Boardman,
State of Oregon, respectfully de
mand that the following propos
ed ordinance (or amendment to
the City Charter) shall be sub
mitted "to the legal voters of the
City of Boardman for their ap
proval or rejection at the (spe
cial) (regular) city election to
be held on the day of... , A.D..
19 . and each for himself says:
I have personally signed this
petition; I am a legal voter of
the City of Boardman; my resi
dence and street number are
correctly written after my name.
Name Residence
Street No
Section 3. Each and every sheet
of every said petition containing
signatures shall be certified on
the back thereof in substantially
the following form by the person
who citculated such sheet of said
petition by his or her affidavit
thereon, as part thereof.
State of Oregon )
County of Morrow )ss
City of Boardman)
I." , being first duly sworn
sav that every person who sign
ed this sheet of the foregoing
petition signed his or her name
thereto in my presence; I believe
rhat each has stated his or her
name, residence, and street and
address correctly, and that each
signer is a legal voter of the
City of Boardman, State of Ore
gon. . . i signature and address of
affiant)
Subscribed and sworn to before
me this day of , A. D., 19 ....
(Then follow, 20 numbered lines
for signatures).
(signature, title & address of of
ficer before whom oath is made.)
Section 4. The forms herein, if
substantially followed, shall be
sufficient.
Not more than 20 signatures
shall be signed to one sheet of
a Detition. and a full and correct
copy of the title and text of the
measure proposed by the initia
tive petition, and a full and cor
lect copy of the measure on
which the referendum is de
manded, shall be atached to
each sheet or aggregate of sheets
circulated for signatures by each
person, and such full and correct
copy of the title and text of the
measure shall be shown to the
voter before his signature is at
tached.
Section 5. The Recorder of the
Citv of Boardman shall accept
for filing any and all petitions
for the initiative or for the refer
endum subject to certification of
the number and genuiness of the
signatures and voting quaniica
tions of the persons signing the
same. The Recorder shall com-
Dare the signatures of the per
sons siznine bv reference to the
registration files in the office of
the County Clerk of Morrow
County, and by other satisfactory
means if a legal voter be not
a registered voter, and if suffi
cient numbers of legal voters be
found to have signed said peti
tion he shall file the same within
ten days after the presentation
thereof to him. Every petition
so filed shall be prima facie evi
dence of the facts stated therein
and of the qualifications of the
electors whose signatures appear
thereon.
Section 6. When a measure for
initiative or referendum legisla
tion be filed by the Recorder
alter the number and genuiness
of signatures thereto have been
ascertained, he shall, within five
davs. provide a ballot title for
such measure. The ballot title
shall, to the best ability of the
Recorder, give a true and impar
tial statement of the purpose of
the measure, and so that the
ballot title will not itself create
an argument for or against the
measure. Anv person who is dis
satisfied with the ballot title so
urovided may appeal to the
Council, asking for a different
titfc and stating his reasons
therefor. The Council may ap
prove the ballot title or adopt
another one; and, in either case,
the title so approved or adopted
shall be the title piacea upon
the ballot. Such ballot title shall
not exceed 150 words and shall
not. insofar as is possible, re
semble any other ballot title in
the same election.
Section 7. It shall be the duty
of the Recorder to print said bal
lot titles and numbers upon the
official ballot. The affirmative of
the first, measure shall be num
bered 100, and the negative 101,
in numerals. The succeeding
measures shall be numbered 102,
103 and so on. Measures shall be
designated as to whether they
have been referred by order of
the people, proposed by initiative
or submitted to the people by
the council without petition.
Section 8. Voting upon measures
submitted to the voters shall be
as is now or may be provided
for by law. No measure shall
be adopted unless it shall re
ceive the affirmative majority
of the total number of lawful
votes cast on such measures, and
entitled to he counted.
Section 9. Petitions for proposed
ordinances or charter amend
ments by the initiative, and peti
tion for submitting ordinances
bv the referendum shall be filed
with signatures and verification,
complete, with the recorder not
later than thirty days belore the
next regular or special election
at which such proposed ordinance
or amendment Is to be submitted
to the voters, and the recorder
shall verify the number and the
genuineness of the signatures
lorthwith.
Section 10. Not more than ten
peicent of the legal voters shall
be required to order the referen
dum nor more than fifteen per
cent to propose any measure by
the initiative.
Section 11. An amendment to
the Charter of the City of Board
man may be proposed and sub
mitted to the legal voters of the
City by ordinance or resolution
of "the Council without an initia
tive petition, but the same shall
be filed with the recorder not
later than twenty days before
the election at which it is to be
voted upon. The ballot title of
such measure shall be adopted
bv the Council and shall not
contain more than 150 words.
Section 12. The council of the
City of Boardman may call and
make the necessary provisions
for a special election whenever
the Council deems it advisable,
or whenever required to do so
by petition. The recorder shall,
not later than twenty days be
fore the election, cause the full
text and ballot title and numbers
of each measure to be printed in
a newspaper of general circula
tion in the City of Boardman
as is designated by the Council,
once per week for two successive
weeks.
Section 13. The Council shall, at
its first regular meeting follow
ing the election or at a special
meetingthereafter called for the
purpose, proceed to canvass the
votes cast. For the purpose of
any canvass the official figures
returned by the board of judges,
clerks and officers from such
election shall be sufficient. If the
majority of the votes be found
in favor of the proposed measure
or amendment, then the Council
shall, by a proper resolution or
ordinance, proclaim such mea
sures and amendments and they
shall become and be in full force
and effect, except when the
measures and amendments cairy
their own effective date, where
upon such measures and amend
ments shall be proclaimed to
be in full force and effect upon
such date. Included in such reso
lution or ordinance shall be an
abstract of the vote as will show
the whole number of legal votes
cast, the whole number of votes
for the proposed amendment or
measure and the whole number
of votes against the proposed
amendment or measure.
Section 14. All ordinances and
parts of ordinances in conflict
herewith are hereby repealed.
Section 15. Inasmuch as certain
important legislation is now de
sired to be passed upon by the
people of the City of Boardman,
and it is necessary that such
legislation be submitted to the
people at an early date and
such contemplated legislation
cannot be so submitted to the
people until some provision is
made by the council, as pro
vided in this ordinance, for the
submission thereof to the vote
of the people of the City of Board
man, and if no legislation
amending the charter of the City
of Boardman shall be submitted
to the people the public peace,
safety, health and general wel
fare of the city will be endanger.
ed by such delay, and an emer
gency is hereby declared to exist,
and this ordinance shall be in
full force and effect on and after
its approval by the mayor.
Passed bv the Common Coun
cil of the City of Boardman this
10th day of April, 19o0.
Yeas 5.
Navs 0.
ROYAL B. RANDS, Mayor.
Daisy L. Gillespie
Attest by City Recorder
This ordinance is approved by
the Mayor of the City of Board
man this 10th day of April, 1950.
ROYAL B. RANDS, Mayor
4c
ORDINANCE No. 26
An Ordinance entitled, "An
Ordinance referring to the voters
of the City of Boardman a pro
posed amendment to the Charter
of the citv ot boardman entiuea,
Charter Submitted to the Voters
bv the Council.' "
THE PEOPLE OF THE CITY
OF BOARDMAN DO ORDAIN AS
FOLLOWS:
That it is the determination of
the Common Council of the City
of Boardman that, for the gen
eral welfare and public advan
tage of the inhabitants of the
City of Boardman, an amendment
to the charter of the City of
Boardman entitled, "Charter bub
mitted to the Voters by " the
Council be adopted..
That the Council has caused
to be written and prepared that
certain amendment entitled, "AN
ACT to amend the charter of the
City of Boardman, Morrow Coun
ty, Oregon, entitled, 'Charter
Submitted to the Voters by the
Council,1 adopted and approved
October 5, 1927, a copy of which
is hereto attached and by refer
once is hereby made a part of
this ordinance as if fully set out
herein.
That it is necessary that the
adoption of said amendment be
submitted to the legal voters
of the City of Boardman, at a
special election to be held for
the purpose; and it is also neces
sary that the time and place for
said election be tixcd and de
termined, and that a ballot title
for said measure be provided.
That the aforesaid amendment
is hereby adopted and confirmed
by this Council and ordered to be
submitted to the voters of the
City of Boardman for their ap
proval or rejection.
That a special election be held
for the approval or rejection of
said amendment, within the City
of Boardman, at the usual polling
place therein, to-wit: Green Field
Grange hall, on the 19 day of
May, A.D., 1950.
That notice of the time and
place of said election be given
by publishing a copy of this or
dinance complete with attached
amendment which Is a part of
this ordinance, once per week for
two consecutive weeks in the
Heppner Gazette Times, a news
paper of general circulation In
(he City of Boardman, and by
posting a copy of this ordinance
complete with attached amend
ment which Is a part of this
ordinance, In three conspicuous
places in the City of Boardman
at least twenty days prior to
the date ot said election.
That the ballot title for said
election shall read as follows:
CHARTER AMENDMENT SUB
MITTED TO THE PEOPLE BV
THE COMMON COUNCIL OF
THE CITY OF BOARDMAN.
Shall the charter amendment
submitted to the voters by the
Common Council of the City of
Boardman by ordinance No. 26
be adopted or rejected by the
voters of the City of Boardman;
said amendment to provide for
a method of assessment, lien,
enforcement of lien and for re
assessment for local public Improvements?
103 For the adoption of said
amendment.
104 Against the adoption of
said amendment.
That said special election shall
be held, and the polling places
will be open from eight o'clock
in the morning until eignt o ciock
in the evening of said day. That
Mrs. Grace Macomber and Mrs.
Mabel O. Peck are hereby ap
pointed as judges of said elec
tion, and that Mrs. Daisy E.
Gillispie, Mrs. Flossie Coat? and
Mrs. Evelyn Black are hereby
appointed as clerks.
Passed by the Common coun
cil of the City of Boardman this
nth day of May, 1930.
Yeas 5.
Nays 0.
ROYAL B. RANDS, Mayor
Attest by City Recorder
This ordinance is approved by
the Mayor of the City of Board
man, this 11th day of April, 1950.
ROYAL B. RANDS, Mayor
CHARTER AMENDMENT SUB
MITTED TO THE VOTERS BY
COUNCIL
AN ACT
To amend the Charter of the City
of Boardman, Morrow County,
Oregon, entitled: "Charter Sub
mitted to the Voters by the
Council," adopted and approved
by the voters October 5, 1927;
BE IT ENACTED BY THE PEO
PLE OF THE CITY OF BOARD
MAN, AND THE PEOPLE OF
THE CITY OF BOARDMAN DO
ORDAIN AS FOLLOWS:
Chapter XXI.
Section 1. That the Charter of the
City of Boardman, Morrow Coun
ty, Oregon, entitled, "Charter
Submitted to the voters by the
Council," approved and adopted
by the voters October a, 192 1, and
the same be and hereby is
amended by adding Chapter
XXI, and any and all provisions
of the Charter of the City of
Boardman in conflict herewith
are hereby repealed.
Section 2. Whenever the Council
determines to levy and collect
special assessments for local im
provements according to Article
VII, Section 1, Sub-paragraph 4
of this Charter, the Council shall
act substantially in accordance
with the provisions herein set
out.
Section 3. The council may de
termine, levy and collect a
special assessment for local Im
provement alter the completion
of such local improvement
and its cost has been
determined, or before the work
of such local improvement has
begun, or after the work has be
gun and before completion, after
its cost has been determined.
Section 4. Whenever property is
to be assessed and the property
is subdivided into lots, the
council shall levy the assessment
upon the lots separately, or parts
thereof, and not in gross, upon
the several' lots of the same
owner. Whenever property is to
be assessed and such property
is not subdivided into lots, such
property, or part thereof, will be
treated as an entirety and asses
sed as such.
Section 5. No assessment shall
be made upon any unit of prop
etry which is equal to or in ex
cess of the value of such prop
erty. Section 6. In determining the
benefit of the local improvement,
the property assessed should be
considered in its general rela
tions and apart from its particu
lar use at the time it is assessed.
Section 7. The Council shall ap
portion and levy the assessment
upon such lot, property or parts
thereof, liable therefor, its pro
portionate share of such cost,
according to the special benefit
to the property assessed and
such assessment shall be uni
form. The Council may adopt any
particular basis of apportion
ment, in apportioning such as
sessment, which in its discretion
is just and uniform.
Section 8. The Council shall, after
determining the amount of the
assessment, declare the same by
ordinance and order the recorder
to publish notice of the nature,
extent and location of the im
provement or proposed improve
ment; the amount of the assess
ment; the name or names of the
owners of the property assessed;
and the property to be assessed,
according to lots or other suit
able designation, and a notice
of collection of the assessment,
as provided for in Section 14 of
this act. Such notice shall be
published in a newspaper of gen
eral circulation 4n the City of
Boardman In which public no
tices are generally published,
once per week for two successive
weeks. Such notice shall invite
any and all property owners af
fected to make and file written
remonstrances with the city re
corder within fourteen days after
tne last publication ot such no
tice which date shall be set out
in the notice. If no such remon
strances be filed, the Council,
at its earliest convenience, and
within six months of the final
publication of such notice, may
proceed to collect such assess
ment, it written remonstrances
be filed within such period the
Council shall set a time and place
for hearing sucn remonstrances
and shall direct the recorder to
notify each person so filing such
remonstrance oi tne time ana
place of hearing. The recorder
shall notify such persons so filing
remonstrances either personally
or by mail. If notification is made
by mail it snail be addressed to
the address listed on the filed
remonstrance. The city recorder
shall require the address of each
person filing a remonstrance to
be included therein netore ac
cepting such remonstrance for
filine. The filing of a remon
strance shall In no way affect
the procedure or time of collec
tion of said assessment, and the
notice provided for In Section 8
and Section 14 shall be sufficient
and the only notice required.
Section 9. At the hearing so set
the council shall hear all prop
erty owners who have filed re
monstrances and who appear at
such hearing. The council shall
consider all the evidence given
at such hearing and may alter,
change or approve the assess
ment as levied, giving due and
full consideration to evidence of
fered at such hearing. The find
ings and decision of the council,
after a full hearing and due con.
sideratlon, shall be conclusive.
The filing of a remonstrance and
the hearing shall have no affect
on the notice as provided for in
Section 8 and Section 14, and no
tice so given shall be sufficient,
and the only notice necessary
even though the council alters
or changes the assessment as
levied. If said assessment is so
altered or changed, no addition
al notice need be given nor pro
cedure be required to collect said
altered or changed assessment,
ana tne property owner so obli
gated to pay such changed or
altered assessment shall pay
sum within 14 days of the date
ot said change or alteration. Said
sum shall become delinquent 30
days after said 14 days allowed
for payment, and all the provi
sions of this act as to delinquent
assessments shall be applicable.
Section 10. Property shall be list
ed for purposes of assessment to
tne owner, if known, and if not
known, to him as "unknown
owner." The term "owner," as
used in this act, denotes the per
son whom the public records
show to be vested with title, in
the absence of knowledge to the
contrary.
Section 11. When the proportion
ate share of the cost has been
assessed, as provided In Section
5, and the council has declared
the same by ordinance, as pro
vided in Section 8, the council
shall direct the recorder to enter
a statement thereof in the docket
of the city liens, as provided in
the next section.
Section 12. The docket of city
liens is a book in which must
be entered the following matters
in relation to assessments lor
local improvements: (1) The
number or letter of the lot and
block or other proper designation
of the property assessed, and it
a part of a lot or parcel of prop
erty is assessed a proper desig
nation of such part. (2) The
name of the owner, record owner,
or that the owner is unknown
(3) The sum assessed upon such
lot, or part thereof, or parcel of
property, or part thereof, and the
date of the entry.
Section 13. The docket of the city
liens is a public record and writ
ing, and the original or certified
copies of any matter authorized
to oe entered therein are entitled
to the force and effect thereof,
and from the date of the entry
therein of an assessment upon a
lot, or part thereof, the same so
entered is to be deemed a lien
thereon, which lien shall have
priority over all other liens or
encumbrances thereon whatso
ever. Section 14. A sum of money as
sessed for the improvement can
not be collected until the Coun
cil, by order to the recorder,
causes the recorder to publish
once per week for two successive
weeks in a newspaper of general
circulation in the City of Board -
man a notice of the order for
collection issued by the Council
said notice 'to be included as a
part of and published with the
notice required by Section 8 of
this act. Such order shall grant
a period of fourteen days from
the last publication ot said no
tice in which to pay said sum
assessed, and such notice must
substantially contain the mat
ters required to be entered in tne
docket of city liens concerning
such assessment.
Section 15. If, within thirty days
after the expiration of such four
teen days notice, as required In
Section 14, the sum assessed is
not wholly paid to the city
treasurer, it shall thereupon be
come delinquent, and shall bear
a penalty of six (6) percent per
annum upon the amount of such
delinquency in addition to the
principal sum so delinquent. In
terest penalty shall be included
in and shall be part of the as
sessment lien. The council may,
after such sum becomes delin
auent, order a warrant for the
collection of the same to be
issued by the recorder and di
rected to the city treasurer com
manding the treasurer to sell all
property so delinquent for the
amount of such delinquency, to
gether with the interest and costs
of sale.
Section 16. The city treasurer,
upon the receiving of such war
rant from the city recorder, shall
first give notice of sale by pub
lication in a newspaper of gen
eral circulation In the City of
Boardman, and in which public
notices are generally published,
once per week for two consecu
tive weeks. Such notice shall
contain a list of all property upon
which assessments are delin
quent, together with the amount
of the assessments, penalties and
cost to date of sale; the names
of the owners of the property as
It appears upon the lien docket;
that the property will be sold
to satisfy the sum so delinquent;
the number of the ordinance
causing the assessment to be
levied; the date such assessment
was entered into the lien docket;
and the time and place of such
sale, and that such sale will be
public.
Section 17. The city treasurer
shall conduct such public sale
not less than seven days after
the final publication of such no
tice of sale, and shall sell such
property for the amount of the
delinquency, with penalties and
costs of sale. If more than one
person bids the amount of such
sum, the treasurer shall make
the sale to the person making
the first bid. If no person bid
the amount of the delinquent
sum the treasurer shall strike the
property off to the. city for the
whole amount that he -Is requir.
ed to collect by such public sale
of such property.
Section 18. The purchaser at any
sale authorized in this chapter
shall acquire a lien on the prop
erty so bid In by him for the
amount paid at such sale and
for all taxes, assessments, penal
ties, costs and charges subse-
itly paid by him, and he
shall be entitled to Interest at
the rate of six per cent per an
num on the original amount paid
by him, from the date of such
sale.
Section 19. The treasurer shall
Issue to the person bidding in
the property at such public sale
a certificate of sale for the prop
erty so purchased, showing there,
on the amount bid and paid by
such purchaser.
Section 20. Any and all property
so sold for such delinquent sum
shall be subject to redemption at
any time within one year from
the date of sale upon payment
to the treasurer for the purchaser
the amount for which the same
was sold, together with Interest
at six percent per annum from
the date of the sale on the origi
nal amount paid, and for all
taxes, assessments, penalties,
costs and charges subsequently
paid by such purchaser at or
since such sale.
Section 21. If redemption is made
within one year and payment
made, as provided for in Section
20, the treasurer shall, upon sur
render of the certificate of sale
by the purchaser, pay over to
the purchaser the amount so re
ceived by the treasurer from the
redemptioner and deliver such
certificate of sale to the redemp
tioner. Section 22. If redemption Is not
made within one year the trea
surer shall, upon demand of the
purchaser and surrender of the
certificate of sale by the purchas
er, execute to such purchaser a
deed for the property described
on the certificate of sale. Such
deed shall be signed by the
Mayor and the Treasurer for the
City of Boardman. However, no
such deed shall be executed until
the purchaser or the holder of
sucn certificate oi sale snail uy
personal service notify the owner
ot such property tnat ne win
demand a deed therefor, provided
that if the owner be not found
after diligent search such notice
may be by publication once a
week for three consecutive weeks.
The records of such notice shall
appear in the records of the city
recorder by affidavit of the pur
chaser or holder of such certifi
cate of sale sixty days after no
tice or tinal date oi publication
before such deed shall be execut
ed unto the purchaser or holder
of the certificate oi title.
Section 23. Such deed shall be
executed only after all delinquent
taxes, special assessments or
other delinquencies thereon
whether prior to or subsequent
to the issuance or said certm
cate of sale are paid in full.
Section 24. Such deed shall be
prima facie evidence that all of
the assessment proceedings were
according to law, that the assess
ment was not paid, that the prop
erty was not redeemed, tnat
proper notice was given, that
proper demand for the deed was
made and that tne aeea was ex
ecuted by the proper officers.
Section 25. If, upon completion
of any improvement or repair, it
is found that the sum assessed
therefor upon any lot or part
thereof, or anv property or part
thereof, is Insufficient to defray
the cost thereof or is more than
sufficient to defray the cost
thereof, the Council must ascer
tain the deficit or the surplus,
as the case may be, and declare
the same by ordinance. The re
corder shall be directed and shall
enter the sum of the deficit or
surplus in the docket of the city
liens, in a column reserved for
that purpose with the date
thereof. Such deficit, if there be
one, shall thereafter be a lien
upon the lots or part thereof, or
property or part thereof, assessed
and shall be applied apportion
ately, in like manner and with
like effect as in the case of the
sum originally assessed, and
shall be payahle and may be
collected in like manner and
with like effect as in the case
of such sum so assessed. If
there be a surplus, the persons
who paid such surplus, or their
legal representatives, are entitled
to repayment of the same by
warrant on the city treasurer.
Section 26. All money paid and
collected upon assessments for
improvements shall be kept as a
separate fund and shall be used
for the purpose of the assessment
only.
Section 27. Whenever any lot or
part thereof or property or a part
thereof is sold for a delinquent
assessment, and there be a deficit
declared, the lot shall be subject
to the lien of the deficit as if
the lot or property had never
been sold. If there be a surplus
declared the proper proportion
ate amount shall be repaid to
the purchaser, provided, however,
that in case of redemption such
amount will be deducted from
the sum the redemptioner be re
quired to pay to redeem such
lot or property.
Section 28. Whenever a special
assessment has been made or at
tempted by the City of Boardman
for any local improvement, and
the same has been declared and
void by judgment or decree of
any court of competent jurisdic
tion, or has been declared Ir
regular by the council, or has
been cancelled by the council
for Irregularities, the council may
proceed to make a reassessment,
which reassessment may be gen
eral covering all property sub
lect to assessment for the lm
provement to which It relates, or
it may be upon certain desig
nated property, describing the
same by block and lot, or part
thereof, or by metes and bounds
or other adequate description,
and by the name of the owner
or owners thereof.
Section 29. When making any
reassessment the council shall
substantially proceed as follows:
1. By resolution cancel the form
er assessment and direct the re
corder to cancel the same in the
docket of city liens. 2. Declare
the Intention to make a reassess
ment. 3. Specify the time and
place that the reassessment will
be made. 4. Provide for all In
terested persons to appear and
be heard, at the said time and
place, as to whether said reas
sessment Rhall be made, the
amount of the assessment, what
property shall be assessed, and
the amount of the reassessment
to be assessed upon each lot or
part thereof, or otner parcel oi
land, or part thereof. 5. Provide
that notice shall be given to all
Interested persons. The council,
at such hearing, shall hear all
the evidence and arguments pre.
senlcd by those persons appear
ing, and shall give due and full
consideration to such evidence
and arguments. The council may
thereupon, after due and full
consideration, and In its honest
discretion, decide for or against
a reassessment; and If, for such
reassessment, the council may In
Its honest discretion determine
what property shall be assessed,
the amount of the reassessment,
and apportion the reassessment.
The final decision of the Council,
after all evidence and arguments
are heard and considered, shall
be final and conclusive.
Section 30. The notice, as refer
red to in Section 29, shall con
sist of a copy of the resolution
and shall be served in the follow
ing manner: by publication of
said resolution in a newspaper
of general circulation in the City
ot Boardman in wnicn puonc no
tices are generally publlsned, to
be designated by the council, for
a period of once per week for
three consecutive weeks, or by
personal service of a copy of said
resolutions, and such personal
service or service by publication,
whichever be used, shall be made
at least ten days before the time
of hearinu and making such re
assessment. Personal service shall
be made by the marshall or any
person authorized to serve a
summons in a justice court, and
proof of such service shall be
made and filed with the recorder.
It shall and is declared to be
the duty of all the persons in
terested to appear at the time
and place of hearing and pre
sent any and all objections they
mav have. Failure to appear and
object shall be deemed a waiver
ot all objections to tne action
of the council, based upon any
irregularity in said resolutions
or the service thereof.
Section 31. A reassessment may
be made before the Improvement
is made or any work has been
done on such improvement after
its cost has been determined.
Section 32. No notice of reassess
ment proceedings shall be re
quired excepting that hereinbe
fore mentioned, and all rights of
objection and remonstrance shall
be limited to the reassessment,
and there shall be no right to
remonstrate or object as lo the
improvement.
Section 33. All the provisions of
liens, penalties, interests, pay
ments, enforcement of liens, pro
cedure in enforcement of Hens,
and all such other matters as
apply to these particulars that
apply to assessments In this act,
shall apply to reassessments un
less such provisions conflict with
that specifically set out in this
wt for reassessment.
Section 34. Whenever the coun
cil determines to levy and collect
special assessments for local im
provements according to Article
VII, Section 1, Sub paragraph 4
of this Charter, and shall have
assessed the costs of such im
provement to the property bene
fited thereby, or liable therefor,
according to the provisions of
this charter, it shall be lawful
for the owner of any property so
assessed for such improvement
in the sum of $2500 or more, at
any time within ten days after
notice of such assessment is first
published, to file with the re
corder a written application to
pay said assessment in Instal
ments, and such written applica
tion shall state that the said ap
plicant and property owner does
thereby waive all Irregularities
Continued on Page Seven
HEPPNER
GAZETTE TIMES
The Heppner Gazette, established
March 30, 1883. The Heppner
Times, established November
18, 1897, Consolidated Feb. 15,
1912.
Published every Thursday and
entered at the Post, Office at
Heppner, Oregon, as second
class matter.
Subscription price, $3.00 a year;
single copies, 10c.
O. G. CRAWFORD
Publisher and Editor
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