EIGHT - Heppner Gazette-Times, Heppner, Oregon Wednesday, January 4,2012
PUBLIC NOTICE
IN THE CIRCUIT
COURT OF THE STATE
OF OREGON
FOR THE COUNTY OF
MORROW
NOTICE AND
SUMMONS
Case No. I1CV197
In the Matter o f the Petition
o f Marvin Padberg, Larry
Lindsay, Jerry M. Healy,
Donald (Don) Russell, and
Joseph (Jo e) Taylor, as
Commissioners o f the Port
o f M orrow, a m unicipal
corporation and Port District
org an izin g and e x istin g
under the laws o f Morrow
County, State o f Oregon
For the Judicial Examination
and Judgment o f the Court
o f the Validity o f a Lease
Agreement, Trust Indenture,
Bonds, and related Matters
fo r the R e fin a n c in g o f
E x is tin g T ra n s m is s io n
Facilities and Construction
o f N ew T r a n s m is s io n
F a c i l i t i e s W h ic h a re
Part o f the B o n n e v ille
P o w er A d m in is tr a tio n
Transmission System, and
all Proceedings L eading
T h e re to , In c lu d in g the
Adoption o f a Resolution
Authorizing Such Matters.
NOTICE TO
DEFENDANTS:
READ THESE PAPERS
CAREFULLY!
TO: P o rt o f M orrow , a
Port District and municipal
c o rp o ra tio n , and to all
electors, freeholders, tax
payers and other interest
persons:
You must "appear" in this
case or the other side will win
automatically. To "appear"
you must file with the court
a legal docum ent called
a "m otion" or "answ er."
The "motion" or "answer"
must be given to the court
clerk or administrator along
w ith the required filing
fee no later than January
30, 2 0 1 2 , w hich is ten
(10) days or m ore a fter
completion o f publication
o f this summons. It must
be in proper form and have
p ro o f o f serv ice on the
petitioners' attorney.
NOTICE AND SUMMONS
is given that a petition has
been filed in the above-
entitled court by Petitioners
M arvin P ad b erg , L arry
Lindsay, Jerry M. Healy,
Donald (Don) Russell, and
Jo sep h (Jo e ) T aylor, as
Commissioners o f the Port
o f M orrow , a m unicipal
c o r p o r a ti o n a n d P o rt
D istrict, for the ju d icial
exam ¡nation and judgment of
the validity o f Bonds, Lease
C o m m itm e n ts, A g en cy
A g reem en ts, Ind en tu re,
and C re d it A g reem en ts
(as those terms are defined
in the P e titio n file d in
this m atter), and related
matters for the refinancing
o f existing transm ission
facilities and construction of
new transmission facilities
which are part o f Bonneville
P o w e r A d m in is tr a tio n
Transmission System, and
all p ro ce e d in g s leading
th e r e to , in c lu d in g th e
adoption o f a resolution
authorizing such matters.
S U M M A R Y OF T H E
MATTER PETITIONERS
SEEK TO VALIDATE:
The U n ite d S ta te s
Department ofEnergy, acting
by and through Bonneville,
has requested that the Port
issue Bonds to: (a) finance
or refinance the costs o f
acquisition, instillation and/
or construction o f existing
and future transm ission
facilities which are now or
will be leased to Bonneville
and which are: (i) to be
specifically identified prior
to the date o f issuance
and sale o f the Bonds; (ii)
integral to the "Federal
transm ission system" as
such term is used in the
Federal Columbia River
Transmission System Act
o f 1974 (16 U .S.C. 838
et seq.); (iii) located in
the State o f Oregon and
in other states within the
geographical area o f the
"Pacific Northwest region"
described in Section 4(d)
\
o f the Federal Colum bia
Transmission System Act
o f 1974, 16 U.S.C. 838(d),
and to (b) finance the costs
o f issuance o f the Bonds.
Petitioners have brought this
validation action pursuant
to ORS Sections 33.710
and 33.720 for the judicial
e x a m in a tio n , a p p ro v a l,
and co nfirm ation o f the
v a lid ity and le g a lity o f
the proceedings described
a b o v e , i n c l u d in g th e
Resolution, the execution
and delivery o f the Bonds,
and th e e x e c u tio n and
delivery o f the related Lease
C o m m itm e n ts, A g e n c y
A greem ents, Indentures,
and Credit Agreements.
N o tic e is s e r v e d a n d
g iv e n to a ll e le c to r s ,
freeholders, taxpayers and
other interested persons by
publication o f this Notice
and Summons for once a
week for three (3) successive
weeks. Jurisdiction will be
established over all electors,
freeholders, taxpayers and
o ther in terested persons
ten (1 0 ) d ay s a fte r the
date o f th e c o m p le tio n
o f p u b lic a tio n o f th is
summons. Any interested
person m ay at any tim e
on or before January 30,
2012, appear and contest
the validity o f this petition
by the filing of an answer or
motion as described above
with the trial court clerk or
administer o f the Morrow
County C ircuit Court. If
no response is made within
the allotted time. Petitioners
will apply to the court for
the relief demanded in the
petition.
If you have questions, you
s h o u ld see an a tto rn e y
immediately. If you need
help in finding an attorney,
you may contact the Oregon
State Bar's Lawyer Referral
S ervice on lin e at www.
oregonstatebar.org or by
calling (503) 684-3763 (in
the Portland metropolitan
area) or toll-free elsewhere
in O regon at (800) 452-
7636.
The name and address o f
the Court is:
Circuit Court
M o rro w C o u n ty C o u rt
House
P.O. Box 609
100 Court Street
Heppner, OR 97836
The name and address o f
Petitioners' attorney is:
Samuel E. Tucker Monahan,
G rove & Tucker 105 N.
Main
M ilto n -F r e e w a te r , O R
97862 Phone: 541-938-
3377 Fax: 541-938-6112
E m a il; sa m @ m g tle g a l.
com
Date o f First Publication:
December 28, 2011
D ate o f C o m p letio n o f
Publication: January 18,
2012
Last day to appear: January
30, 2012
Courts Administration
/S/C. Black
Administrator
Published: Decem ber 28,
2011 and January 4, 11 and
18,2012
PUBLIC NOTICE
REQUEST FOR BIDS
Morrow County is accepting
bids on the following:
1.
Gasoline
2.
Diesel
3.
Lubricants
4.
Aviation Fuel
S p e c ific a tio n s and bid
sheets may be obtained by
contacting Morrow County
Public works Sandi Putman
at 365 W. Hwy 74, P.O.
Box 428, Lexington, OR.
97839. 541-989-9500.
Bids must be received at
the Morrow County Public
Works Office, P.O. Box 428,
365 W. Hwy 74, Lexington,
OR 97839 no later than
4:00 pm Tuesday January
24,2012. Bids must be in
a sealed envelope marked
with the specific bid. Bids
w ill be opened January
25, 2012. Time for bid
openings are Lubrication,
9:30 a.m.; Gasoline, 9:40
a m .; D ie sel, 9 :50 a.m .
and aviation fuel at 10:00
a.m. at the Morrow County
Court H ouse, 100 Court
Street, and Heppner, OR.
For additional information
contact M orrow C ounty
P u b lic W orks 5 4 1 -9 8 9 -
9500.
M orrow County reserves
the right to reject any and
all bids and/or to postpone
the award o f bids for thirty
(30) days from the date o f
opening.
Morrow County does not
discriminate on the basis o f
age, religion, race national
origin, sex or handicapped
s ta tu s in h irin g o r th e
provision o f services.
Published: December 7, 14,
21, 28 and January 4, 2012
Affidavit
PUBLIC NOTICE
REQUEST FOR BIDS
M orrow C o u n ty P ublic
Works is accepting bids on
the following:
1.
Herbicides
S p e c ific a tio n s a n d bid
sheets may be obtained by
contacting Morrow County
Public Works P.O. Box 428,
365 W Hwy 74, Lexington,
OR. 97839. Phone 541-
989-9500.
Bids must be received at
the Morrow County Public
W orks O ffice, P.O. Box
428, 365 W. Hwy 74, and
L e x in g to n , OR 97839
no later than 4:00 p.m.
T u e s d a y , J a n u a r y 24.
2012 B ids m ust be in a
sealed envelope m arked
“ H erb icid e B id ” . Bids
will be opened January 25,
2012. Starting at 10:05 a.m.
at the Morrow County Court
Session being held at the
Courthouse in Heppner, OR.
For additional information
contact M orrow C ounty
P ublic W orks 5 41-989-
9500.
M orrow County reserves
the right to reject any and
all bids and/or to postpone
the award of bids for thirty
(30) days from the date o f
opening.
Morrow County does not
discriminate on the basis o f
age, religion, race national
origin, sex or handicapped
s ta tu s in h irin g or the
provision o f services.
Published: January 4, 11
and 18, 2012
Sheriff’s Report
T he M orrow
County S heriff’s O ffice
reports handling the fol
low ing business:
-Continuedform PAGE
FIVE
August 18(cont.):
he is trespassed from their
Irrigon property. Deputy
attempted contact but was
unable to locate.
-A male caller re
ported a man would be
going to a motel in Irrigon
to repossess a car. Reports
no problems, but would like
an officer on scene when the
man shows up to repossess
the car.
-A local restaurant
owner called to report that
they had received m ul
tiple calls over the last
few months from a person
wanting to place large food
order. Probably attempted
fraud.
-MCSO received a
call from a woman who said
her husband was threaten
ing herself and her daughter.
Advised that he was intoxi
cated; she does not believe
there are any weapons in
the house but advised that
he might get physical with
a deputy. Caller advised that
she has moved out and he is
upset and is trying to take
her car keys. Fler daughter
was safe and inside the
vehicle. MCSO responded.
Male subject was tazed/
medical cleared.
-M CSO arrested
John Andrew Nelson, 40,
on charges o f disorderly
conduct II, harassment, and
assault o f a public safety
officer. The subject was
lodged at Umatilla County
Jail.
-Received a report
o f a male who stabbed him
self in the hand in the 4-H
kitchen. He was bleeding
and losing consciousness.
Ambulance was cancelled
by an EMT.
August21:-M CSO
received a call from a fe
male who had gotten a text
m essage from a num ber
she did not know. It was
kids stealing a road sign out
on Cutsforth Rd. Deputy
responded and got pictures
and phone num ber from
subject. Female suspect was
arrested on charges of theft
II and criminal mischief II,
cited and released to appear
in court.
-MCSO received a
call from a man who said he
had damage done to his ve
hicle while doing Karaoke
at Bakes in Irrigon.
-A H eppner resi
dent called MCSO to report
that it was noisy downtown.
The bar had ju st closed
and people were whooping
and hollering. The caller
advised that people were
try in g to sleep. D eputy
responded to Main Street
and no one was on the street
at all. Made contact with
a male subject; they said
they would turn the music
down.
-MCSO received a
call from an Irrigon woman
who said a dog had been tied
to a post for 24 hours with
out food or water. MCSO
responded and talked to the
owners about watering and
feeding the dog.
-A Heppner wom
an called MCSO to report
cows on the hill behind her
house. The cows had red
and yellow ear tags and
were coming into her yard.
The owner was located and
said he would go and get
his cows.
-M C SO received
a report o f a semi truck
stuck in the 1-84 median
at Boardman. Woodpecker
tow truck used the median
to cut across to tow it and
got itself stuck.
-M C SO arre ste d
Christopher Neil Doolittle,
49, for a DUII. Subject was
cited and released to appear
in Irrigon Justice Court.
-MCSO issued a ci
tation to Jose Ismael Rome
ro Orozco, 31, for violating
the basic rule by driving 91
mph in a 55 mph zone.
-B PD received a
report from a fem ale in
Boardman who said a male
subject had gone into the
Shell and stolen two cases
o f Budweiser.
-B PD received a
report o f an elderly female
wandering around the river,
wouldn’t talk to anyone for
help. Female was wearing
purple shirt and jeans; was
currently in the river up to
her chest and kept walking
out. Office spoke to the fe
male, who said she was fine,
just cooling off, and didn’t
feel like talking.
August 22:-MCSO
arrested D aniel Pelayo-
Gilbon, 19, on an Irrigon
Justice Court warrant for
failure to carry and pres
ent. The subject was lodged
at U m atilla County Jail.
Subject was also charged
with unlawful possession
o f methamphetamine.
-A fem ale caller
from Irrigon reported that
a Chihuahua/Jack Russell
mix showed up at her house
and needs to be picked up.
-Tri Com requested
aid for a boat in distress, a
43-foot-long white fishing
trolley approximately one
mile downriver from the
marina. They are trying to
fix the engine but are going
toward rocks. MCSO re
sponded with Thunder Jet.
Deadline for news & advertising
M
ONDAY at 5:00
I
Jfrom tlje 1965 ardjibesi of tlje
heppner #a$ette-£im esi
Trains Running
Again; Heppner Man
Recalls History
(Editors Note: After the tracks were washed
out on the Heppner branch line in the December 24.
1964 flood, the Union Pacific Railroad hastened to
make repairs By Monday morning came the good
news that the trains were running again. The incident
brought some interesting history from a Heppner
resident who wrote o f the railroad fo r The Heppner
Gazette-Times in order that all may enjoy it.
The Iron Horse Rides Again
By Bob Lowe
In 1888 the Ore
gon Railroad and Naviga
tion Company built a rail
road up Willow Creek in
Morrow County from the
mail line on the Columbia
River to Heppner. Previ
ous to this time, wheat and
wool had to be hauled by
team and livestock driven
to Arlington, Castle Rock
or Umatilla for transporta
tion to seaports or larger
cities.
When the railroad
terminated at Heppner, a
golden spike was driven
to designate the comple
tion o f the line. Several
oldtimers living in Hep
pner today remember the
occasion.
In Ju n e 1903,
a clo u d b u rst or w a te r
spout struck Heppner and
over 200 people lost their
lives. R ailroad bridges
were washed out. but the
O.R.R.& N. ran the train
from Heppner Junction to
within two miles of Hepp
ner so merchandise could
be transferred from train
to horse-drawn wagon to
supply the flood tom city
with necessities.
A fter the tracks
w ere rep aired , the old
fashioned steam locomo
tive made the daily trip to
Heppner in the years that
followed, bringing mail,
passengers and freight.
The conductor was glad
to stop his train to pick
you up or let you o ff at
any o f the farms along his
47-mile run from Heppner
to Heppner Junction. The
train was called “The Gal
loping Goose” or “Sage
Brush Annie” but we all
loved to hear her coming
up the branch.
Years passed by
with nothing very event
ful happening until 1916
or 1917 when a flash
flood washed out some o f
the piling o f the railroad
bridge at the horseshoe
bend near Morgan.
At this time the
section men lived in outfit
or work cars which were
moved from station to
station. The Hungarian
foreman was a friend of
every family along the 47
mile track.
He often said in
his broken English, “My
job is to keep de train on
de treck.”
On a particular
morning, he was going to
Cecil to attend a funeral
o f an old pioneer buried at
Morgan. Being a mainte-
nance-of-way-employee.
he took the opportunity
o f riding the locomotive.
No. 1716 from Heppner
to Cecil to show the en
gineer the weak spots of
the track.
W illo w C reek
was holding the flood
waters nicely, and no great
damage was in view, so
there was no cause for
alarm. But unknown and
unseen to the train crew,
the bridge near Morgan
was weakened by debris
lodging against the pil
ings. As the locomotive’s
weight reached the center
o f the bridge, the deck
ing collapsed, dropping
the engine into Willow
Creek below, drowning
the engineer and section
foreman.
T he F o re m a n
jum ped into the m uddy
water and survived. It was
several days later when the
bodies o f the other two
where found, one a mile
below the bridge.
R ail se rv ic e to
H e p p n e r w as d e la y e d
only a short time, as an
extra train w orking out
o f Heppner was between
the damaged bridge and
Heppner.
Engine No. 1716
was rebuilt and put back
in service. Several years
later, the same engine was
badly burned in a round
house fire at S h aniko.
Again she was rebuilt and
put back to work. She was
what is known to railroad
men as a “ten wheeler.”
O n ce m ore th e
series o f events was as
usual until 1934. Another
flash flood washed out two
railroad bridges, but only a
short time was required to
restore full railroad service
to Heppner.
T he last steam
locom otive in H eppner
was engine No. 2111 in
February 1954. Since then
the “glorified street car” or
the diesel electric locomo
tive has taken over with
more power and cheaper
to operate, so the steamer
died.
Instead o f a train
to Heppner every day, we
have three a week with the
same train running three
days a week to Condon.
O n ce m ore the
train was a matter o f form
until December 21, 1964,
when a 70 degree tem
perature rise caused snow
to m elt follow ed by a
warm rain. Normally dry
canyons became rushing
torrets o f m uddy water.
Heppner was lucky with
very little damage, but as
the runoff from canyon to
canyon and creek to creek
met, the depth o f w ater
from railroad to highway
increased beyond belief.
Again the railroad
was put out o f service, so
extensive was the damage
that som e people w on
dered i f it w ould e v e r
be repaired. Part o f the
railroad grade built 77
years ago looked as it did
when the Indians roamed
the hills.
Shortly after the
flood that raised havoc
th ro u g h o u t th e e n tire
Northwest, a low flying
helico p ter, w ith U nion
Pacific engineers aboard,
viewed the rail damage. A
report was given out, “A
train will be in Heppner on
January II, 1965.”
What a long shot
after seeing all the dam
age! Twenty-one days with
no rail service to Heppner,
the longest since the first
train arrived in Heppner in
1889. The ribbon o f steel
from coast to coast has
been broken.
A t 3 : 4 5 p. m.
on January 11, 1965, as
predicted, the train, be it
“Sage Brush Annie” or
“The Galloping G oose”
arrived in Heppner on
time. The iron horse rides
again!
I