Mosier bulletin., September 18, 1914, Image 3

(Continued front page 2.)
the amount of damages allowed by the j 'n lieu of constructing such systems drain, or sewer system of a higher after provided for.
tax may be Included in the other taxes
of sale, on the amount required in
1 or by the circuit court anew, purchase any water works in number.
Section 99. The said City of Mosier of saiii city and considered a part
'
or
for
the
supply
of
the
city
now
or
Section 92. Upon the report pro­ through its mayor and Common Coun­ thereof for the purpose of levying and
other cases to redeem
u,)on a kpeal as hereinafter provided,
Section 66. The marshal shall re- is i |ls> a»d equitable, and that the hereafter in operation or contempla­ vided for in the preceding section be­ cil. shall have power and authority to collecting the same, and us the taxes
tion.
ing
filed with the recorder, he shall acquire, by purchase or otherwise, ire collected its proportion to the
ceive the same fees tor his services proposed street, alley or change will
Section 89. The Common Council give notice thereof, by publication for own and possess, such real property other taxes collected with or Included
in advertising and selling property be ot sufficient importance to the pub-
under this chapter us is required for
l ^e t ouncil shall order tilt* dam- : shall have power and is hereby au­ ten days in some newspaper published outside of the corporate limits of the in the sum collected, shall be set apart
the sale of similar property upon exe- :lS, s so assessed and determined to thorized to construct, erect, acquire, in the said city, or by posting notices city as in the judgment of the Council from the other taxes us a special fund
cution, except the sale of all property I be paid by the city to the said owners, own, maintain, manage and operate a thereof in three public places in said may be necessary, to enable it to pro­ i for the purpose and to be used in that
shall be at the city hall door; and he respectively, out of the city treasury: I complete system of electric lights, for| city for said period of ten days, w hich vide for the city a complete system of manner and for the purpose herein­
shall receive the same compensation a')d an>’ person receiving the amount the purpose of lighting the streets and notice must specify with convenient water works, electric lights and sew­ before provided, and shall not be used
therefor as a constable for like serv -
determined and tendered, shall be public buildings of the city, and fur­ certainty the streets or part thereof erage; and it shall have the right to for any other purpose than that for
ices upon execution; and the city re- lorev, r barred and stopped from litak nishing lights for private citizens, In­ on which said sewer or drain or sewer enter upon any land between the ter­ which the same was levied and col-
corder shall receive a fee not to ex- inS any further claim of damages on cluding the erection upon the streets, system is proposed to be located, and mini of any proposed sewer, drain, ! lected.
ceed $1 for all services, and entries account thereot, and from such award alleys and public grounds of the city the property ascertained and deter­ water pipe or main, either inside or
Section 107. The money belonging
herein provided for, and including the or damages; but if, in the opinion of of all necessary and convenient poles, mined by said committee to he pre­ outside of the city limits, for the pur­ to the sinking fund provided for by
certificate of redemption, such fee to 'he 1 ouncil, such street or alley is wires and other appliances, the pur­ sently specially benefited thereby, and pose of examining, locating and sur­ the preceding section of this act shall
be paid primarily by the purchaser 1101 ,°r sufficient importance to the chase or construction of the necessary the extent and portion of such benefit veying the line of and for such voter ! be by said city invested from time to
at such sale, but shall be deemed and ; Public so that such award should be buildings, power, dynamos, machin­ proportionately to the benefits which pipes and mains, or sewer and drain, time in interest-bearing bonds of the
treated as part of the purchase price Paid b>' thc city, the Council may re- ery, and all other things necessary to will accrue to other property in the doing no unnecessary damage there­ United States or of this State or some
bid therefor.
Iusc to open such street or alley, or the complete equipment and opera­ sewer district, and which notice must by; and it may appropriate the use of municipal corporation therein, or loan­
Section 67. That any purchaser or "'den or extend the same, as the tion of such electric light system; or, state and specify that the same will so much of said lands for the construc­ ed on good, unincumbered real estate
his successor in interest shall, from l lSe may be, unless the damages or instead of the construction of a new be posted or published (as the case tion or lying down of such pipes, security, or by order of the Council
and after the delivery to him of the ’U(b part thereof as the Council may system of lights, the Council may pur­ may be) for said period of ten days, mains, sewers or drain, not to exceed may be invested in Wasco County
certificate of sale, have the rights to lb' " k proper, shall be paid by private chase any electric light plant, with all j and that all interested persons may twenty feet in width, and make all warrants, or used in purchasing any
its equipments now in existence, or file their objections, and be heard in necessary cuts and excavations, in ! outstanding bonds of the city dispos-
the rents and profits of such property, parties.
and such rights may be enforced un-
Section 76. If it shall appear to hereafter constructed, and operate the relation thereto, within the time and order to lay down, construct and re­ 1 ed of under this act.
in the manner specified in the next pair the same; but nil such cuts and
der general laws of Oregon applicable 'be Council that the damages award- same as hereinbefore provided.
CHAPTER XI.
thereto.
<*d are excessive or unreasonable, the
excavations shall be filled again as
Section 90. The Common Council section.
Miscellaneous Provisions.
Section 93. Within six days from soon as practicable after making the
Section 68. Each lot or part of lot Council may set aside such award and shall have power and is hereby au­
Section 108. The corporate limits
abutting a street graded, improved or order another view under the same thorized to construct or repair and lay the final publication of said notice, same.
repaired, shall be liable for the full regulations as the first view. The down ail necessary sew-ers and drains or the completion of the time for post­
Section 100. Should the city be un­ of the City of Mosier shall embrace,
and
there is hereby made and consti­
cost of making the same upon the half viewers shall receive such compensa- of a character and capacity sufficient ing the same, the owner of any prop­ able to agree with the owner of the
of the street in front of and abutting ,ion for their services as the Council to provide a complete system of sew­ erty ascertained and determined by land mentioned in the preceding sec­ tuted thereby, an independent road
upon it, and may also for a propor- -s ba" allow, not exceeding two dollars erage covering a whole or any part said committee to be presently spe­ tion as to the compensation to be paid district, and the authority given by
of the City of Mosier, and to declare cially benefited by said sewer or drain for such right of way, or if the owner j the general laws of the state to the
tionate share of the costs of improving j Per day.
the intersection of two of the streets! Section 7i. Any person feeling ag- by ordinance, before doing the same, or sewer system, or any section there­ thereof be absent from the state, said | county court of Wasco County to es­
bounding the block in which such l o t ! grieved by the assessment of such whether the cost thereof, or any part of to be then constructed, may file city may maintain an action in the tablish, change, manage and control
or part of lot is situated, and the damages as herein provided, may with- of such cost, and if so what part, shall with the recorder any objections he circuit court against such owner or road districts is hereby repealed and
Common Council is hereby authorized *11 thirty days from the adoption of be assessed against the property spe­ or she may have to the finding or de­ owners for the purpose of having such revoked so far ns it has heretofore
to make anv and all necessary laws’! 'b e report of the viewers by the ( oun- cially benefited by such drains or sew ­ termination of said committee.
right of way appropriated to its use, applied to the territory embraced ln
Section 94. At the first meeting of and tor determining the compensation said corporate limits; and all road
to carrv this provision into effect; |cil- a PPeal from such report to the ers, and what part shall be paid out
but when the land adjacent to said circuit court of the State of Oregon of the sewer fund hereinafter provid­ the Council after the expiration of to be paid such owner or owner» there­ taxes levied upon or against the prop­
street shall not have been laid off [ ‘ he County of Wasco. Any number ed for, and the determination of the the time provided in the preceding for; and the general laws of the state erty and the persons of the city shall
into lots and blocks, then the costs ' °* Persons interested may join in such Council concerning payment for any section for filing objections to said regulating the mode of proceeding to be expended by the street commis­
of improving such street shall be a s -1 appeal, and the only question to be sew-er or drain shall be final; and report, whether the said meeting be appropriate land by private corpora­ sioner appointed by the mayor, under
direction of the Common Council;
sessed to the owner or owners of the determined on such appeal shall be whenever the Council shall declare the next regular meeting after the ex­ tions shall govern and control the the
but nothing herein shall be construed
land lying within one hundred and the amount of damages such appel­ that the entire cost of the construc­ piration of said time, or an adjourned mode of proceeding in such action.
lants are entitled to on account of tion shall be assessed against the meeting, the recorder shall present the
Section 101. The Common Council ■ to prohibit the expenditure of such
sixty feet of such improved street.
portion thereof as the Council may
Section 69. The probable cost of the opening of such street or alley, or property specially benefited thereby, same, with the objections thereto, if shall have the power and authority to ! direct
upon the roads leading to
such cost shall be held and construed any, to the Council, and it shall there­ compel all persons erecting or main­ Mosier and outside the corporate lim-
improving such intersection shall be making such change thereon.
Section 78. Such appeal shall be to include not only the contract price upon proceed to examine and consider taining privies, water closets, sinks,
assessed against the lots or part there­
,
its
thereof,
but authority is hereby
of situated in the quarters of the four taken in the same manner as an ap- of construction, but also the cost of said report and the objections thereto, drains or cesspools within one hun­ | given to the said Council to so expend
blocks adjoining such intersection, but | Pejd front the assessment ot damages any right of way therefor, and the if any, and may adopt said report in dred and sixty feet of any street or
only upon or against the lots or parts ' J'j 'he laying out and establishing plans and specification thereof and whole or in part, modify or reject the alley on which a sewer has or may such portion thereof outside said city
thereof in the quarters nearest there- highways by the county court, except the cost and expenses of publishing same. Provided, that the Council may, hereafter be constructed to connect limits as a majority of the Council-
to, and in the following proportions: ' ’ but fbe notice of appeal shall be serv- all notices, and all necessary and pro­ by motion or resolution, postpone the the same therewith at its own cost men shall deem expedient and advis­
Five-ninths of the cost to the corner | ed by any person over twenty-one per expenses for legal services in con­ consideration of said matter, and and expense; and to provide by ordi­ able.
Section 109. Authority is hereby
lots, and four ninths to the lots or | > ears °f aSe> upon the mayor, not a ducting the proceedings in relation thereafter, at any special or regular nance that when the persons erecting
parts of lots inside, in equal propor-; I,art-V to 'be proceeding, and proof of thereto, or preparing the necessary meeting the Council may consider said or maintaining said privies, water given to the Common Council to levy
closets, cesspools, sinks or drains neg­ such tax, not exceeding 2 mills in any
tion per feot: and when any tract ad-1 such service may be made in the papers and writings therefor, and the matter.
Section 95. Should
the Council lect or refuse after ten days’ notice one year, as it shall deem necessary
jacent to said improvement is not laid 8ame manner as proof of the service expense of superintending the work
upon all the taxable property In the
off into lots, the proportionate costs of summons.
of construction, and also the cost and adopt said report either in whole or in writing by the recorder or marshal,
Section 79. If appellants fall to re­ expense of constructing all manholes, in part, or as modified, it shall pro­ to so connect the same with said sew­ city, to be collected at the same time
of improving such intersection shall
and in the same manner as the other
be assessed to the owner or owners, in cover a judgment more favorable than catchbasins, and any other necessary ceed to assess upon each lot, part of er, the city may make such connection taxes of the city.
like proportion as above, of such lands the award appealed from, they shall incidental expenses connected there­ lot, or other property liable therefor, and assess the cost thereof against
Section 110. The City of Mosier
as lie within one hundred and sixty pay all costs and disbursements of with, whether specifically mentioned its proportionate share of such cost, the property upon which such privy, shall not in any event be liable in
the appeal.
or not; and for the purpose in this based upon the estimated cost of said closet, cesspool, sink or drain is sit­ damages to any person for an injury
feet of such intersection.
Section 80. In estimating the dam­ section mentioned, the Council shall sewer, drain, or sewer system, or sec­ uated.
Section 70. If upon the completion
Section 102. For the purpose of caused by a defect or dangerous place
of any improvements it is found that ages to the premises of any person have the right to purchase and acquire tion thereof, to be then constructed,
at or in any sidewalk, crosswalk,
the sum assessed therefor upon any pursuant to this chapter, the viewers the right of way across any private and shall declare the same by ordin­ raising money with which to pay costs street, alley, bridge, public grounds,
lot, part of lot, or tract, is insufficient and jurors shall be governed by the property within or without the cor ance, and enter the same in the dock­ and expenses that may be incurred by public buildings or ditch, unless the
to defray the expense and cost there­ differences in the market value, if porate limits of the City of Mosier, et of city liens, as prodvied in Section the City of Mosier in constructing and mayor, chairman of the street com­
of, the Council shall ascertain the any, of the premises of such persons, which may be requisite or necessary 56 of Chapter VIII of the Charter of laying down such water pipes, mains, mittee, or commissioner, shall have
deficit and declare the same by or­ before and after the opening, widen­ for the construction of any drain, sew­ the City of Mosier, relating to the im­ reservoirs, sewer pipes and drains, and had actual notice of such defect or
dinance; and when so declared, the ing, extending or straightening of such er. or sewer system, or any part there­ provements of streets; and shall also procuring and constructing pumps, dangerous place, and a reasonable
recorder shall enter the sum of the street or alley; and may consider any of; or any outfall sewer, and the ac­ proceed in the manner specified in hydrants, and other necessary appli­ time thereafter in which to repair or
deficit in the docket of city liens in use of the premises for which it is tion of the Council in purchasing or Sections 51, 52, and 53 of Chapter VIII ances for a complete system of water remove such defect or dangerous place
column reserved for that purpose in adapted, including the platting of the acquiring said right of way shall be (excepting as provided in Section 91 works or sewerage, and the erection before the happening of such accident
the original entry, w ith the date there­ same into lots and blocks, and they final, and in case of failure to acquire of this act), and Sections 57. 58, 59, 60, of electric light poles, and wires, pro­ or Injury, and in no case shall more
of, and such deficit shall thereafter shall consider only such damages or said right of way by purchase, the 61, 62, 63, 64, 65, 66 and 67, shall apply viding buildings, power dynamos, and than *100 be received ns damages
be a lien upon such lot or other prop­ conveniences caused by such street Council shall also have the right to to proceedings under Sections 90, 91, all other necessary and convenient from tilt“ city for any accident or in­
erty in like manner and with like ef­ or alley as affects the use of said appropriate said right of way across 92, 93, 94 and 95 of this act, so far as machinery and appliances for con­ jury.
fect, as in the case of the sum origin­ premises for the purpose for which it any private property, and in case of the same are applicable thereto. If, structing and maintaining a complete
Section 111. in every action, suit,
failure to agree upon the compensa­ on the completion of any work it is electric light system for furnishing
ally assessed, and shall be collected is the most valuable in the market.
Section 81. When two or more per­ tion therefor, the same may be con­ found that the sum assessed therefor lights for public and private use as in or proceeding in any court concern
in the same way.
ing
the exercise or enforcement by
Section 71. Upon the completion of sons join in an appeal, and a part only demned in the manner provided by is insufficient to pay the cost thereof, this act provided for, said city is here­ said city, the Common Council or any
any improvement, if it is found that recover damages more favorable than the general laws of Oregon for appro­ the Council must ascertain the defi­ by authorized and empowered to dis­ committee thereof, or any officer or
the sum assessed therefor upon any the report appealed from, the circuit priation of property by private cor­ ciency and declare the same by ordin­ pose of the bonds of the city in a sum board of the city, of any power or
ance, and direct that the same be as­ not exceeding 25 per centum of the
property is more than sufficient to court shall apportion the costs among porations.
upon the property assessed in assessed valuation of all the taxable authority by tliiB act given or dele­
pay the cost thereof, the Council shall the parties thereto as in its discretion
Section 91. Whenever the Council sessed
may
seem
equitable
and
just.
the first instance pro rata according property within the limits of the City gated to said city, the Common Coun­
ascertain and apportion the surplus
shall
declare
that
a
proposed
sewer
or
cil, or any of its officers, boards or
Section 82. No judgment for dam­
in like manner as in the case of n
drain, or sewer system, covering a to the amount of the original assess­ of Mosier, as shown by the assessment committees, all acts, proceedings and
deficit; and, when so ascertained and ages against the city obtained in any whole or any part of the city shall be ment, and thereupon the recorder rolls of Wasco County, next preceding doings of saltl city, the Common Coun­
declared, it shall be entered as in the court shall be enforced against said constructed, laid down, or repaired, shall enter the same in the docket of the issue and sale of said bonds; said cil, any committee thereof, or any
case of a deficit in the docket of city city when the Council shall determine and that the same be done at the ex­ said liens, and collect the same in all bonds to be of the denomination of officer or board of said city shall be
liens; and thereafter the person who that the street or alley is not of suf­ pense, in whole, or in part of the respects the same as the original as­ from One Hundred to One Thousand presumed to be duly, regularly and
paid such surplus, or his local repre­ ficient importance to justify the es­ property specially benefited thereby, sessment, and if the sum originally Dollars us the purchaser may decide, duly done or taken from the beginning
sentative or assign, is entitled to re­ tablishment of the same after the ap­ thereafter the proposed sewer, drain, assessed exceeds the actual cost of with interest coupons attached there­ and no error, defect or omission in
the work, the overplus shall be divid­ to, signed by the mayor and counter­
payment of the same by warrant on peal shall have been determined.
Section 83. Such appeal shall be or sewer system, as to that part of ed pro rata among the parties entitled signed by the recorder witli the seal any act, proceeding, or thing required
the treasurer.
the expense thereof to be assessed thereto. It is hereby expressly pro­
deemed,
and
be
heard
and
determined,
of the city attached, whereby the City to be tlone or taken by tills act or
Section 72. All money collected
against the property specially bene­
any ordinance of the city shall affect
upon assessments for the improve­ and the judgment thereon enforced so fited, shall be deemed an improve­ vided that whenever a section of any of Mosier sliull be held and considered or Invalidate such act or proceeding,
ment of streets and alleys shall be far as applicable, in the same manner ment; and Sections 51, 52, 53 and 54, sewer, drain, or sewer system, shall in substance and effect to undertake unless such person attacking the same
kept as a separate fund, and in no as in actions at law; and in case two of Chapter VIII of this charter, shall have been constructed as in this act and promise in consideration of the shall allege and prove that he has
case shall be used for any other pur­ or more persons join in said appeal, apply to proceedings in relation there­ provided for, and property lying in a premises to pay to the bearer of each been misled by such error, defects or
the jurors shall hear the evidence con­
pose whatever.
to, excepting that the duties imposed subdivision of a sewer district of a of said bonds the sum therein named omission to his damage; and the court
Section 73. Whenever any property- cerning the damages sustained, and in upon the street commissioner and higher number shall have been as­ in lawful money of the United States, shall disregard every error, defect or
sold under this or the preceding chap­ their verdict find the amount of dam­ committee on streets in the section sessed for any part of the cost of the together with the interest thereon at omission which does not affect the
ter shall bring more than the tax or ages, if any, sustained by each appel­ referred to shall be performed by the construction of said section of a lower not to exceed six per centum per an­ substantial rights of such person; and
assessment thereon, with costs and lant. The verdict of the jurors shall committee on sewers, or any other number, for present special benefits num, and within such time as the any proceeding, matter or thing by
charges of collection, the surplus must be a final and conclusive determina­ standing committee, or special com­ therefrom, said property so assessed, Council may determine, interest pay­ this net committed or left to the dis­
and the owners thereof, and their suc­ able semi annually or annually as the
be paid to the treasurer; and the per­ tion of the matter of such award.
Section 84. If no further view be mittee of the Council to which said cessors in interest, shall have a pres­ Council may direct, and as shall be cretion or judgment of the Council,
son executing the warrant shall take
mailer
may
be
referred,
which
com­
such discretion or judgment of the
a separate receipt for such surplus ordered, the Council shall within forty mittee shall view the streets and lo­ ent vested interest and ownership in provided in said coupons; but no such Council when exercised or declared
and file it with the recorder on the days after the expiration of the time cation of any proposed sewer, drain, the outfall sewer and trunk sewer of bonds shall be issued until the ques­ j Is final, and ennnot be reviewed or
return of the warrant; and at any herein limited for appeal, or after the or sewer system, and it shall be their the section or sections which may tion of their issue specifying the called Into question elsewhere.
time thereafter the owner of said prop­ judgment of the circuit court is ren­ duty: (1) To establish a general sewer have been constructed, and shall have amount and purpose for which they
Section 112. The Common Council
erty, or his legal representative, is dered when an appeal is taken, order district for said sewer, drain or sewer a present right to drain into the same, are proposed to lie issued, shall have at its earliest convenience after this
entitled to a warrant on the treasurer a warrant drawn upon the treasurer system, describing the same by metes and said sewer district ns established been submitted to a vote of the legal act takes effect, may provide by ordi­
for damages, or damages and costs,
for the amount of such surplus.
and bounds, and including therein all can not be modified or changed, so voters of the city at either a general nance for codifying and publishing In
Section 74. Whenever the grade of awarded to the owner or owners, re­ property that will be specially bene­ as to exclude any property therefrom, or special election, and a majority of i book form this charter, and all ordi­
spectively-,
of
the
property
appropri­
any street has been established, the
fited thereby; (2) to recommend that and no other property shell he includ­ the vote upon a question of their issue nances or parts thereof in full force
Council may authorize the owner of ated, in favor of such owner or own­ said sewer, drain or sewer system, be ed therein, except upon petition, and, to be found to be in favor thereof; at the time of the codification, and
ers—if
it
shall
determine
to
open,
lay­
any property abutting thereon or ad­
constructed as a whole, or that for as a condition precedent thereto, the provided, however, that no person from time to time thereafter ns It
jacent thereto to cut down or fill up out, establish, widen, straighten or ex­ the purpose of construction the same owner of any property petitioning to shall be entitled to vote upon the ques­ may deem proper.
said street in front of such property tend said street or alley, and cause be divided into sections, and said sew­ have the same included in said sewer tion of the Issue of such bonds who Is
Section 113. All general or special
according to the established grade, at such report, survey and plan to be re­ er district subdivided into divisions district shall pay an assessment there­ not, in addition to the other necessary tuxes or assessments levied or creat­
corded
in
the
“Record
of
City
Sur­
on
proportionate
in
amount
to
that
qualifications,
a
freeholder
in
said
the expense and cost of such owners
corresponding with said sections,
ed under this act shall bear legal in
and under such terms and conditions veys” ; and from thenceforth said which sections and divisions shall be paid on property similarly situated, City of Mosier. Provided, further, that tercst from the time they become de­
street or alley shall be considered laid
and
said
assessments
shall
be
disposed
the
Common
Council
of
the
city
of
as the Council mav determine upon.
the
out, established, widened, straighten­ numbered consecutively with
of in the same manner as any assess­ Mosier may sell water for domestic linquent unless otherwise specially
CHAPTER IX.
ed or extended, as the case may be, same numbers, and section No. 1 shall ment or assessments upon the proper­ purposes outside of the limits of the provided.
Opening Streets.
include
the
outfall
sewer,
and
division
Section 114. All ordinances, laws,
Section 75. Whenever the Council and the Council shall cause an order! No. 1 shall Include all property that ty similarly situated; and whenever City of Mosier, to any person laying i rules and regulations heretofore pass­
shall deem it expedient to open, lay
¡8sue directing said street or alley- will drain directly into section No. 1, any section of a sewer, drain, or sewer pipes to its mains, and under the same
ed or made by the City of Mosier
out, establish, widen, straighten or ex- t0 ob e .?0 ° P fIie,,L or ®banKed.
and additional sections and divisions system, shall have been constructed conditions and at the same prices that
tend a street or alley, it shall cause
Section 8a. The
Record of ( ity shall be formed in a similar manner; under the provisions of this art, it said water is supplied to residents which are in force when tills act takes
effect, and not inconsistent herewith,
the city surveyor to survey such pro-1 Su.rvey8 , 1S a, book in »hief.m ust be (3) to recommend, in case of division shall be the duty of the Council to within the city limits.
Section 103. Hefore disposing of I shall be and remain In full force and
posed change or new street or. alley. Pn,/ red by .,be ^ corder ,he r,ppon into sections, that section No. 1 be proceed with the construction of any
effect
after this act takes effect, and
and make a report thereof containing i ,ln‘ p at
,be ?*.ty sur,'e j ?r of an5 first constructed, and that the con­ other section thereof whenever the any of the bonds provided for in this thereafter until repealed by the Com­
a plat of the survey of such change. s., ,rvey r" a d e b y him under the direc- struction of the remaining sections owners of a majority of the property net, the Council shall require the re­ mon Council, All rights vested or lia­
extension, street or alley, and the por- ,lcn ,of tbe * ouncl ln *hp matter of be postponed until further ordered by included in the subdivision of the sew­ corder to advertise for thirty days in bilities incurred under either the act
tion of each lot. part of lot, or tract °P,PninK’ laying out, establishing, wid- the Council; (4) to ascertain and de­ er district In which said section Is sit­ at least one newspaper of this state of Incorporation of the City of Mosier
required to be appropriated for such
or stratenten>ng any street or termine what property will derive I uated shall petition the Council there­ for sealed proposals to purchase said
change or new street or alley, and
'lie date of filing thereof with present special benefits by said sew- for. The notice prescribed In Sections f bonds, or any part thereof, which said : or the amendatory acts thereof, or
make a report thereof, containing a the recorder, the date of publication er, drain or sewer system, or the sec­ 52 and 53 of this charter shall not be advertisements shall stnte the amount any ordinance when this act takes
effect, shall not thereby be lost, im
plat of the survey of such change, ex-
,be notices thereof and tion thereof to be then constructed, given until the assessment has been of bonds to be sold, the time the same paired or in any way discharged or
tension, street of alley,
and the por-
be, flnal actl° " of the ' ouncl in and
re the extent and portion of said entered in the lien docket, and such will heroine due, the date at which destroyed.
tion of each lot, part of
lot, or tract 1
lal,on to, 8Upb
or " lle>; ° r special benefits to and upon each lot, notice shall also be deemed notice to proposals will be opened and consid­
Section 115. Any person or persons
required to be appropriated for such ehange. with the date thereof, and the part of lot, or acreage, or unplatted all interested parties thut snld assess­ ered, and that the bonds are issued
hereafter laying out and platting any
change or new street, or alley, which ,pP°ri of s,,ch 0,her surveys made by property, proportionately to the bene­ ment has been made, and their failure and disposed of under thc provisions addition to the City of Mosier within
report, if satisfactory to the Council. ' bp cl,y 8urveyor as the Council may fits which may accrue to other lots, I to challenge the proceedings of the of this act.
the limits or adjacent thereto, shall
shall be adopted by ordinance embody- “'T?6
,
. .... parts of lots, or acreage, or unplatted \ Council by an appropriate proceeding , Section 104 At the time specified
ing the same. Provided, that before
Section i. The Record of ( ity property, whether the same, if divided in the proper court, prior to the time I in the notice provided for In the pre­ -ause the same to conform In size of
the adoption thereof the recorder shall 9,' rveys is a public writing, and the into sections, is situated in the di­ of entering into the contract for the ceding section, the Council shall pro­ [ blocks ami width of streets to that
portion of the city already laid out
give notice of the filing of such re- ? rIe‘nal or copies thereof, certified to vision of said sewer district in which ; performance of the work, shall stop ceed to open all proposals received for and
adjacent thereto, and to
port, by publication for two weeks in b> ! hp recorder, of any matter author the section then to be constructed Is! said parties from questioning said pro the purchase of bonds offered anil to be so platted
laid out that all streets shall
some newspaper published in the City lzpd to be entered therein, are entitled situated or not; (5i to procure plans ceedings thereafter, and they will be 1 be disposed of, and shall sell the said
correspond with and be a continuance
of Mosier, or by written notices post- to the force and effect thereof,
and specifications of said sewer, drain deemed to have waived the right to bonds to the person or persons making
ed for two weeks at three public places . StH t,on 8i. The > ommon ( ouncil or sewer system, and also an estimate object to said assessment, and shall the best offer or offers therefor. Pro­ of the streets already laid out in saltl
in said city, and at the next regular ba8 authority and is hereby author of the probable cost thereof, or if di­ be held to have accepted and ratified vided. the Council shall have authority city. Any person violating tbe pro­
to reject any and all bids and propos visions of this section shall forfeit
meeting of the Council after the com- lzed“ when it shall deem it expedient vided, then an estimate of the prob­ the same.
and pay into the City of Mosier such
Section 96. Should the Council de ' ala.
pletion of such notice, present to it lo °PPI?; establish and locate streets able cost to the section thereof to be
the said report, and attached thereto upon the roadbed of any upon or then constructed, which said plans ciara that the cost of any proposed ! Section 105. The fund arising from ! sum as may be prescribed by ordi­
a copy of such notice, with the proof across any county road or public high- and specifications, and estimate of the sewer or drain should be paid out of the sale or disposal of all bonds pro­ nance, to be collected by action in
the name of the city In any court of
of publication or posting indorsed '*ay *LIb,1,n the corporate limits of the probable cost, shall be submitted with the sewer fund, such sewer or drain vided for in this act, shall be known competent
jurisdiction, and any and
thereon. Thereafter, and within sixty ' ,,y
and whpn *° lor.a,ed the report of said committee, and shall may be constructed, laid down or re | as the water fund, light fund or sewer all such plats shall be void and held
days from the adoption of such report. 0r * 8tabIi?hed’ "«Id county road or be filed with the city recorder, and paired, as the ordinance may provide,! fund, according to which purpose the for naught.
the Council shall appoint three dis- pub c highway shal be and become all proceedings thereafter shall be had and be paid for accordingly.
said bonds are sold for, anil shall be
Section 116. The Common Council
Interested freeholders of the City of publl.c 8' ree,ts . ° l 8aid city, and sub- with reference thereto, and it shall
Section 97. In the construction of | kept separate and apart from all other shall have power and authority to di­
Mosier, not related by consanguinity f 0' i ° the jurisdiction and control of be sufficient to refer thereto In all any waterworks, sewer or drain, the | funds of the city, and shall only be
vide the City of Mosier whenever it
or affinity to any owner or person ,be ^ ou" cib tbe 8a">e as though such subsequent proceedings; <6| to report City of Mosier shall have the right ; used to pay the costs and expenses may deem It expedient or necessary,
interested in any property- to be ap- s ree,s had been dedicated by the on all matters herein mentioned to to use and divert from its natural j that may be incurred by the city in
into a suitable number of wards, and
propriated. and possessing the qualifi- owners fn 'he usual way.
the Council in writing, which report course any and all creeks and streami- and about the construction or pur­ define the boundaries thereof, and
cations of jurors in courts of justice
CHAPTER X.
chase of the system of water works, after such wards are so established
shall be filed with the recorder. Pro­ running through the city.
for Wasco County, to view such pro- Of Water Works. Electric Lights and vided, that the outfall sewer for any
Section 98. The Council has power erection and maintenance of such elec­ no person shall vote at any city elec­
posed street or alley, and make an
Sewers,
sewer, drain, or sewer system, which and Is hereby authorized whenever It I tric light system, or the construction tion in any other ward than that in
appraisement of the damages, if any.
Section 88. The Common Council may be built in sections, and the may deem it expedient or necessary, and laying down of such sewers and which he resides.
to the respective owners of the prop- shall have power and Is hereby au-, trunk sewer, or sewers thereof shall in order to provide a complete system | drains as the case may be. In this act
Section 117. Whenever the Council
erty required to be appropriated, and thorized to construct or purchase. I be constructed of sufficient size, not of water works or sewerage for said provided for, and the Issuing and dis­ shall divide the city into wards, as
report the same to the Common Coun- acquire, maintain, own. manage and only for the sewage of the several city, to lay down and construct pipes posing of said bonds.
provided in tjils act, it shall by ordi­
cil. The said viewers shall meet at operate a complete system of water sections as they may be constructed, mains, sewers and drains outside of
Section 106, The Council shall at nance provide for the election as near­
such time as may be designated by works, with all the nece-sary imple but of proper and sufficient size for the corporate limits of said city, to | the time the tax for general expenses ly ns possible of an equal number of
the Council, and after having been ments and appliances for the supply the sewage of all sections thereof regulate the matter of such construe is levied, and at least once in each cotincllmen from the residents of each
duly sworn, or affirmed, to discharge of water to the city and citizens of when the same shall have been fully tion. and to expend the funds of the year after the issuance of such bonds, of said wards by the voters thereof;
their duties faithfully, shall proceed the f’lty of Mosier. and vicinity, to be completed.
And provided further, city therefor, as if the same were con as provided for in section 102 of this but in rase it shall not be practicable
and view the whole distance of said constructed at such time and in such that when a sewer, drain or sewer sys­ structed, laid down or repaired, within ! act, levy and collect a special tax on to provide for the election of an equal
proposed street or alley, and ascertain manner as shall seem to the Council tem. shall be built in sections, the said corporate limits. Provided, all j all taxable property within said city number of councilman from each of
and determine how much less valua- most practicable: and the water there- property in any subdivision of said pipes, mains, sewers, or drains, or j sufficient to raise money enough to -aid wards, it shall provide for the
ble. if any. the premises of such own- of may be taken from any spring, woll sewer district which can not drain in repairs thereto, laid down or cone [ pay the interest on all bonds issued | election of one councilman from each
ers, respectively, would be rendered or wells, cisterns or other supply to a section of a higher number, shall structed outside of the corporate llm under this act, and to provide a sink­ ward, nnd the remaining cotincllmen
by the opening or changing of the which shall be determined upon by j not be assessed for any part of the its of said city, shall be paid for out ing fund with which to pay the prin­ from the city at large by the voters
same. If the Council is satisfied that j the Council, or the said Council may cost of the construction of said sewer, of the water or sewer funds herein­ cipal of said bonds at maturity. Said thereof.
I
Section 118.
Whenever the city
shall be divided into wards, the Coun­
cil shall provide a voting place in and
judges and clerks of election for each
ward, and prescribe the manner of
conducting the election and the re­
turn, nnd canvassing the votes there­
at.
Section 119. Until otherwise direct­
ed and ordered by the Council, the
Present division of the City of Mosier
shall be and remain in full force and
effect.
Section 120. The city Council may
from time to time appoint such sub­
ordinate officers as they may deem
necessary and proper, who shall hold
their offices at the will of the Council.
Section 121. No injunction or re­
straining order shall issue from any
court to enjoin or prevent the issuance
or enforcement of any warrants for
the collection of any street or sewer
assessment provided for in this act.
after the work for which the assess­
ment is made has been completed, or
to prevent the sale of property for
any tax.
Section 122. The power and au­
thority granted to the Common Coun­
cil by this act is granted to the munic­
ipal corporation of the City of Mosier.
to be exercised according to the pro­
visions of this act.
Section 123. The present council-
men of the City of Mosier shall hold
their office for the term for which
they were elected, respectively, and
the incumbents in the offices of may­
or. treasurer, recorder, and all other
offices, who shall be in office when
this act shall take effect, shall hold
under their respective offices until
the ends of the terms for which they
shall have been elected or appointed
and until their respective successors
have been elected or appointed and
qualified.
STATE OF OREGON,
County of Wasco,
City of Mosier,
ss.
I, P. I.. Arthur, City Recorder of the
City of Mosier, and custodian of the
seal and records thereof, hereby cer­
tify that the foregoing is a full, true
and correct copy of the proposed char­
ter for the City of Mosier, referred to
the people by the Common Council
thereof on the 9th day of September,
1914, as the same appears on file in
my office.
Dated this lltli day of September,
1914.
P. L. ARTHUR,
City Recorder.
SHOW PAST
IN
ITS TRUTH
Rulldlngs Which Have Survived Are
the Most Valuable Historical Rec­
ords the World Has.
It has been said that history was the
written order of things. No doubt
what had been written was of enor­
mous value, but it was not all, and even
where wo hnd a literature of the past
It was ln some cases not the greater
part of what conveyed the past to us,
said Prof. Flinders Petrie, ln I-ondon,
the Philadelphia Public Ledger states.
Where should we be ln the under­
standing of the ancient Greeks If there
were no statuary and no sculpture?
How could we understand their mag­
nificent sense of accuracy, precision
and refinement if there were no archi­
tecture to study? Many years ago,
with regard to the great question of
the restoration of the Parthenon, the
objection was made that no person
could ever get to know precisely how
the columns were put together.
Professor Petrie thought it was only
a question of measurements, and he
bought a lathe ln Athens and did some
careful measurements. To Ills Intense
surprise he found he could not detect
the errors. There were none. He
thought he was going to deal with
tenths of an tnch, but he found he had
to deal with hundredths. IIow the
Creeks did it, he did not understand.
He could not comprehend the physical
means of doing it on that scale. That
was only ati Instance of how much a
building could teach them. Who could
appreciate the accuracy, the sense of
perfection and the sense of beauty, if
we had not these material remains?
Then, if they looked a little later,
let them consider how miserable was
Hie greater part of the histories of the
t mperors. What did they understand
of Rome? They understood the Coli­
seum — the majesty of it and the
cruelty of it—they could understand
the mugnificent temples, the great
architecture, and they could see from
that what Rome was far better than
by reading all the Imperial historians.
And if they looked a little later what
Was there In the whole writings of tho
thirteenth century which gave them
such a perfect picture of the medieval
mind ns Salisbury cathedral?
lie ventured to give these as illus­
trations of the value of the material
civilization side by side with the civi­
lization of the people, because he
thought they would enable them to
grasp perhaps more clearly how much
they could ascertain and feel and know
about the civilization of which they
had material remains. They enabled
them to understand the feellngB, senti-
m< nts and ideals of those bygone men
from their literature. The question of
material bvldence might seem a dead
and dull thing, but he ventured to
think they were as much a key to the
mental designs and powers as any
other form of expression.
Actress Also Artistic Dancsr.
Miss Ruth Stonehouse. screen star,
excel« ln artistic dancing as well aa
In motion picture acting. She was re­
cently invited to participate In the In­
auguration of motion pictures in a
Denver theater, which has hitherto
been devoted to vaudeville exclusive­
ly, and was requested to entertain the
guests and theater patrons with her
artistic dancing at the opening. Mlaa
Stonehouse, whose former home was
ln Denver, gladly accepted the invi­
tation. She will remain In Colorado
about two weeks. Hefore she entered
in the "movies," sho waa considered
one of the best dancers In Chicago,
retroieum for Germany.
Petroleum deposits of considerable
extent have been discovered near El-
tape ln the southwest of German New
'luinea, and the whole territory has,
subject to the consent of the impe­
rial council, been declared a olose re­
serve in order that no mining clalme
may be established by private indi­
viduals or concerns. It Is expected
that the reichstag will vote 1125.000
to be spent by the local authori­
ties in boring and prospecting. Noth­
ing definite so far is known concern­
ing the quality of the petroleum or tho
jxtent of the supply.
<