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About Medford mail tribune. (Medford, Or.) 1909-1989 | View Entire Issue (Dec. 25, 1910)
iV.f K b l. ir it,' IJ 1 4 .fl n-ir H !' ,t Rli i.i ri 1 1 . J IU J ' f ! v I'm! fl L'lihi I jl- f 1 I F jl'1 I? i: . i ' 6 MEDFORD MATT. TRIBUNE, aiEDFORD, ORECION, SUNDAY, DECEMBER 25, 1910. tilnr nntl duly done or taken from tho beginning; and no error, defect, or omission In any act, proceeding, or thing required to be dono or tnk- cn by ythls uct, or any ordinance of tlio city. Bhall effect or Invalidate; Bitch act or proceeding, unless tho patty attacking tlio saom shall al lege ami provo that he has lioen nils- led by such errors, defect, or omis sion, to his damarjo; and tlio court slull disregard every error, defect, or omission which dons out nffect tho substantial rights of such porson; and In any proceedings, matter, or thing by thi3 net committed or loft to tho discretion or Judgment of tho council, such discretion or Judgment of the council,, when exercised or declared, Is final, and can not ho reviewed or called Into question olscwhore, Section 113. Hut nothing con tained In tho last preceding section shnll bo construed to releaso any councilman from personal liability for having voted or aided In creating mil dehy or liability which at the tlmo of voting for or creating was In excess of tho debt limit of said city as fixed by this act. Roctlon 111, Tho duties, salary, and fees of all offlcors and employees of tho city may he fixed and defined hv tlio council, not Inconsistent with this act. Section 115. All tho acta men tioned In the title thereof and nil acts ainondatory thereof or In con flict herewith, arc hereby repealed; and all acts or parts of acts, either gonornl or special, In conflict here with, aro hereby repealed In so far as , they conflict herewith or restrict tho powers or duties horohy conferred upon said city or Its mayor or coun cil. Serllon llfi, Whonovor tho city council shall Intend to Iny any water mains In any street of tho city or Mod ford tho cost of which Is to bo aspcHsoil to the property fronting on said street, It shall by resolution de clare such Intention. Said resolution shall describe tho silzo of thd pro posed main and shall designate the portion of tho street along wMch the samo Is to bo laid; It email declare the Intention, of tho council to as sess tho coBt thorcof on the property fronting on said street, In propor tion to tho frontage- of said proper ty, and shall fix a time and place at which tho council will moot and hear all protests) against tho laying of wild water mains and the assessment ofWIm coBt thereof on tlio property fronting on said street. Said resolution shall bo published three times In a dally novspupor printed, published nnd of gonoral cir culation In said city, tho last of which publications shall bo mado not less than ton nor more than twenty days before the dato of said moot ing; and said resolution shall bo posted for a period of ton days prior to said mooting In flvo public and conspicuous places In said city. Section 117, At said meeting, or at any adjourned session thorcof, the council shnll first hear all protests against tho laying of said water main and tho assessing of costs thereof to tlio proporty fronting on said street; thereafter, at said meet ing or at any subsequent meeting of said council tho matter of laying said water main may bo further consid ered, and If, notwithstanding any pro tests, It shall appear to tho council that said wator mala Is of material benefit to tho said city nnd that all tlio proporty to bo assessed therefor will bo benefited thoreby to the ox lent of tho probable amount of the respective assessments to ho levied against said proporty tho council may order said water main laid; and whonovor thoroaftor, either before or after tho completion of tho work of laying said water main, tho cost thereof has been determined, may iihhosh upon each lot or part thoroof fronting upon said portion of said street on which said main Is laid Us propoi'tjouato share of said cost basud (ii tho frontage of said "lot. 1 Section 118. When tlio cost of iaylltg said water main litis been ns rnrl allied and determined and the proportionate share thereof of each jot or part thereof has been assessed an nerelnboforo provided, tho coun iill shall declare tho sumo by ordi nance and direct the recorder to en ter a statement thereof an hereafter provided In tho water main Hen docket. Tho city recorder Khali outer in it docket kept for that purpose, jilKJcr sopurato heads for each water main on each otrvot n description of, each lot or parrel of laud o other property .usaliist which such assessment Is mado. with tho iiiiino of tho owner mid tho amount of such assessment leiualulug unpaid. Suoh docket shall . stand thereafter as a water main Hen docket as for taxes assessed and lev led In favor of such city and for the iimountH of such unpaid asoBsmetits therein docketed, with Interest there on at tho rato of six per cent per an num against each lot or parcel of land or other property, respectively, until such assessment and Interest tiro paid; and all unpaid assessments and Interest shall bo and lemalii a lion tin enoh lot or parcel of laud or other property, respectively, In fa vor of mild city, and such liens shall have priority over all other liens and luciimhraucus whatever, except any Hon for street Improvements or sowors on the bases of which any bonds have been or may bo Issued juuwtiiHl to Chapter V. of Tltlo XXVII Codes and Statutes of Oregon. 'I'jieiu i hcieb.v clouted u fund to lie known tin the water fund of tlio OHv of Mitdfoid. and nil iiioiiovh re oulutd hv mi id ImHi'd shall lie paid over to the tioiMurn' of tmiil city iiinl iilaeot m haul luiul, ami from iiiil fluid xliull be mm! all of tilt opuraliui; o.ut'iiu mid other e. duiiuoo mntlu lv said board, includ bit: tha wtliiii'h of nil employe. All nnviiiont from wild fund hll !? mado liv order of the eouuoil and a olliur HuiiiMt nru paid. Tim surplus in tid fund shall lie Inutvforrtxl from time to limo bv order of the cilv council into tlif iojlnwluc fund of hu city; Flrwt Surii iimnniliuii u ili I'oiiiiuil frlinll deniriwiln ax above uii. vjdod Cor aim 1 1 he pIihmkI in th miA uiir fund: (lie romtiinder shall ln placed III tlio iplftotJl fund of ai) citv as li'iiiliieii in nioiM the demand. on "H'iI i nnd Section 110 Such nsfojutiuonu snau no conci n-n in uie manner pio vhled by this charter Tor tho collcr lion of iiRHCftHiueiuft mi piojuMly lc led for grading and Improving ctreols. Section 120, Whenever the city council shall have proceeded to cause any water main to bo laid in nny street of said city and shall have as sessed the cost there of to the prop qr'y benefited thereby cr Hallo there for, according to tho provisions of this charter, It shall he lawful for tho owner of any proporf so assessed for such wator main In the sum of fifteen dollars or more, at any time within ten days nfter notice of such assessment is nrst puuilciieil in nc- cordnnco with this charter, to file with the city recorder a written ap plication to pay said assessment In Installments; and In such written ap plication shall state tho said appli cant nnd property owner docs hereby walvo all Irregularities) or defects, Jurisdictional or otherwise In the proceedings to lay said, water mnlii and In the appoitlouineut and as sessment of the cost thereof. Said application shall be accompanied by a payment of money of ono-tonth of the amount of said asnossmeiit ami shall contain a provision that the said applicant ami property ownor agrees to pay tho balance of uild as sessment In nine additional annual Installments with Interest at the same rate on all that portion of said assoBsinonls wl 'Hi lms not boon paid as Hint expressed In tho bonds Issued to pay for laying aid water main. Bald application shnll also contain a description by lots and blecks: or oth er convenient description of tho prop orty of tho applicant acsessed for said wator main, nnd may contain tho poatofflce address of tho appli cant, to which noticed may bo mailed as hereinafter provided. No .applica tion as aforesaid shall bo received rand filed by tho recorder If tho amount of such assessment, together witu any previous assessments for street Improvements or sewers as sessed against said property and re maining unpaid shall equal or exceed the valuation of said property as shown by tho last tax roll of the county of Jackson. Section 121. Tho recorder shall Scoop all ouch applications as aro spec ified In section 120 In convenient form for examination. And ho shnll also enter In tho wator main lien ducket tho dato of filing each appli cation, the namo of tho applicant tho address, If given, opposlto the description of tho proporty and the amount of tho assessment remaining unpaid as shown In tho application. Section 123. Whenever tlio total amount of assessments entered In jftld wator main lieu docket and un- lald, for which applications to pay In Installmenti) In accordance with section 120 have been mado, and against which no bonds have been Issued as herein provided, shall ex ccd two thoucaud dollnis, exclusive of Interest, the city council may, by ndlnnnco, authorize the Issuo of the bolidB of said city In convenient de nominations, not exceeding fIVo hun dred dollars each, and In all for an amount equal to the total amount of (iiiald assessments, exclusive of In terest, for wlib n application to pay In Installments In accordance with lection 120 have been filed against which no bonds have been thereto fore Issued In accordance horowlth provided, howover, that It any of tho assessments levied on account of any wator iiinhT on nay street shall bo used as the basis for any bond Issue, no other such assessment lovlcd on account of the snuie water main on tho same street shall he used as tho basis of any other bond Issue. Such bunds shall by their terms ma ture In ten years from dato thereof pud be payable In gold coin of the United Staten and bear Interest at not to exrcod six per cent por annuiii, payable sor.il-niiniiullv said Interest to bo evidenced by coupons', attached 'o said bonds; provided tho right to i ko up and cancel such boild or bonds ,111011 tlio payment of the face valuo hereof with accrued Intercut to the dato of payment nt any seml-aiiniial coupon period nt or after ono year from the dato of such bond or bonds ihall bo and hereby Is vested livthe City or Medford. Notico that said bonds aro to bo taken up and can celled as aforesaid, and that the In terest thereon shall cease at the In tbrost payment period next following. ahull be printed In a nevspnper printed, and published and of gou iral circulation in said City of Med ford. pot less than twice during tho month preceding said seml-aunual period; and after said seml-aunual pet led. Intel est upon tho bonds desig nated in mild notice shall cease and tho principal thereof become due and payable by said city on demand. Said city hI all have the right to give such notice and cause Interest to cease and urlnclpal to become due ind payable is afoiesRld, as to tho whole or any pnrt of any Issuo mado hereunder, but where such notico Ib given an to a part only of any Issue made here under, the notico shall be given as to the bonds of said Issue bearing the louoet number, and such bonds shall ho so retired In order of their num bering. Said bonds before thelssuaiico shall ho sinned by the mayor and conn to 'signed by the recoider ami million Healed b tho seal of tht City of Medford ami shall be reclstered con docutiudy by number and deuonilua Uon of each lu a book to be kept by tho recorder to be known and desig nated as tho water main bond.) regis ter. ICach of said bonds shall Inn plainly and dlstlnttly Inscribed or nl u ted on tho face thereof the reg litered nuinbor of said bond and tho words "Water Main llond" with tho nnnio of the City of Medford there nil. Such bonds shall ho advertised for sale and sold for tho highest price obtainable therefor, but not 1,0 r lotui than par and accrued Interest; and the proceeds t hoi oof shall bo paid by the purchaser to tho treas urer of the city, and the par valuo thoroof credit ' to tho respective water main funds for which wild bonds aro Iwttod; and tlio accrued Interest mid premium accruing from the umIo of Hiiy such bonds shall he rriHlltod to tuo general fund of said city. Section IJl. Thereafter there uluill bo duo and payable annually for nine Mtirctdvo years to the treasurer of the city by the owner of each lot or parcel of Innd aseuho for such wHtor main, whose application to pay exceeding six per cent per annum on tho balanco, from tlmo to tlmo re maining unpaid. The first Install ment shnll ho duo and payablo at the expiration of ono year from tho date of tho entry of said assessment In tho wator main lien docket, and subse quent payments at the expiration of each year thereafter. Should such owner or owner" neglect or refuse to pay tho sum or sums aforesaid, as tho samo become due, and payablo for a period of twenty days!, then the city council may at Its option declnro the tlio wnolo remaining balanco of such assessment duo, and said assessment or any Installment may bo collected, by Bale of tho property If necescary, as iii'caso of assessments for street Impro.voment. It shall bo the duty of the recorder when the Installment!) nnd when Interest on nny asiseucineiit on tho water main Hen docket are due, to make the proper extensions of such Install ments and Interest on said docket and turn the same over to tho treas urer of said city, whoso duty It shall bo to notify tlio owner or owners uf! propel ty by mall In all cases where such owner or owners hnvo given their postofflco address on their ap plication filed lu accordance with section 120, but failure of such own or or owners to receive such notice, or of tho treasurer to give tho same lu accordance herewith shall in no event prevent tho collection of such Intsallmont aB herein provjdod. The treasurer of the city Bhall issuo a re ceipt to tho person or persoons pnylng any Installment or Interest titid shall fllo duplicates of such receipts with tho recorder nnd when tho treasurer returns said docket said recorder shall uinkojtlio proper entries thereon showing the amount of such payments and the dato tnercor; provided that at any time nfter making such appli cation as provided In section 120 hereof, nny ownor at tho time being, of nny such lot or parcel of land or ither property against which an as sessment Is mqdo and Hen docketed as aforesaid, may pay Into the city treasury of said city the whole amount of said assessment nnd for vhlch said Hon Is docketed ns afore qald, together with thd full nniount of Interest and costs nrcriicd thereon to tho dnto of such payment, and upon producing to the city recorder the recolpt of nuch treasurer thereof (In which receipt shall bo stated not only the nmount of such payment, but also n description of the lot or parcel of land or other property upon which such payment Is mndo) said recorder shall enter In such Hon docket opposite the entry of tho Hon therein, the fact of such pnymont nnd tho date thereof, and that the Hen thorcof Is discharged, Section 125, Unch series of bonds Issued hereunder,ahall have a serial number and encfi assessment, the amount of which goes to make up, tho amount of any bond Issuo af tbovo provided, shall bo marked with such serial number on said water main lino docket. The trohauror upon receiving nny fundH nccrulng 'oroundor shall keep -uch funds nnd tho account thereof separate ac cording to tho serial number with which tho assessment on which tho respectlvo payments are made If marked as aforesaid. There shall bo thus created a shilling fund for each series of bonds ls3i:od hot can dor. Out of each said fund shall be imld tho Interest accruing from time o tlmo on the bonds of such series represented by said fund and the 'irlnolt.nl of said bonds as tho same matures. A transfor shall bo mado from the gonoral fund of said city 'o any such olnklng fund at any time wliim It ulwill In. im,iann rn In iio,il nP payments payablo out of such fund mil whonovor there shall bo a sur plus In said sinking fund thereafter u payment of any such advance my io mado therefrom to tho general 'nnd on direction of tho city council. Tho council shall ' from tlmo to line Istiuo notico In accordance with 'ho provisions of section 11' I! for tho othemnnt nnd cancellation of an many of tho bonds of each sorles as 'an ho retired with tho funds r-vnll-tide In tho chilling fund of crch ser '(hi, the said bonds to he rn.lrcd In he order of tl tlr number. The said funds until so used for payments of irluqlpal.or Interest on said' bondp dial! bo deposited hi such bank In said city as will pay tho highest' rate it interest thereon. Section 12 0. lOntrles or paymontc ir Installments, Interest nnd costs made under tho provisions of this ut shall ho made lu the Hen docket iioresalil :ih tlio same snail tie re elved, with tho dale thereof, and inch payments amnio and entered In mid lieu docket shall bo and oper ate as a discharge of such lien to the imount of such payment and from the dato thereof. Section 127, No bond or bonds smied by virtue of sections 120 nnd I'Jii Inclusive or this charter shall he loomed or tnken to bo within or any iiirt of the limitations contained hi this chnrter as to the Indebtedness ir Issues of bands or warrants by said city. Section 12S Tho council may hi its discretion cause any trcot to luvj sprinkled either by acquiring the necessary equipment and causing it servants and employer, to sprinkle said street or by entering Into a con met with any othof porson or per sons therefor, and may causo tho, cost thereof, Including tho reason able valuo of tho use of any equip ment furnished by tho city and -tho valuo of all water furnished by tho city, to bo assessed against tho prop erty fronting on said portion of said street, In proportion to the to tho re spective frontage of said property on said portion of said street. Notico of tho Intention of the council to doinned. Said Judge Bhall thereupon by order designate and fix as the amount of Bitch deposit an amount which ho shall deem diffident to fully secure the owner of tho prop orty sought to bo appropriated and condemned and all other persons for the value of said property, all dam ago which such, owner or any other persons nro liable to suffer and all cobIb of said action, At any tlmo thereafter Bald city may deposit with the clerk of said court Its warrant nnvahlo to thn clerk of said court, drawn by the' order of tha city council, signed by tho mayor, countersigned by the recorder of said city tind certified b Its treasurer to tho effect that ho holds funds in his, nnndB as such treasurer sufficient to cover the amount thereof, and that he hna segregated raid amount and holdstho same so segregated for the soio purpose- of paying cald wurranl or so much thereof as the court may direct, and thereupon tho City of Medford shall bo entitled to tho .Im mediate and exclusive possession of said real ostato and all thereof. The treasurer of said city shall cor- Ify any such rnrrants when ordered so to do in the manner abovo Bet forth, provided he shall havo funds In his hands available for the pay ment of such warrant and not other wise, and he sha'Jl, upon certifying any such warrant forthwith segre gate such amount and hold tho same Intact until ordcrqd to disburse tho samo oy said court. Thereafter said action shall not bo dismissed by said city without the consent of tho dofondnnts. When the damages havo been assessed by tho Jury the court shall order tho pay ment Into court of the amount of snld warrant or so much thereof as shall equal such assessment and nil costs for which said city la liable, and upon such payment said warrant shall bo cancelled nnd returned to nld treasurer, nnd such payment shall have tho same effect ns a pay ment mado Into court pursuant to section 5102, llollingor & Cotton's Annotated Codes and Statutes of the State of Oregon. Soctlop 130. The right clvon In this charter to levy any special ben efit assessment against real estate in snld city on any account, shnll In ivory Instance extend and apply to any real cstalu in said city owned or icon pled or used by any school dis trict of tho state of Oregon or by the "Ity of Medford, and said school dis trict or said city shall In oveVy In stance bo bold to enjoy nil tho rights to apply for and to mako payment 'n Installments) of any such assess ment conferred by this chnrtor or by my law of tho stato of Oregon. Section 131, Thore Is horohy created In the City of Medford a court to be 'inown as tho municipal court. It shall havo full and excluslvo Jurlodlctlon 'if nil violations ""'pf city ordinances, with full power to enforce any jtidg- nients It mny render In the snme naniior as Judgments of Juatlco court if this state are, or may from time Ko tlmo be enforced under the laws of this stato. Tran&erlptfl of Hitch judgmonts may 'jo'flKd In the office of tho county dork wiyi llko effect and Hko mnn lor n6'ls provided' by law In the case if Judgments of such Juatlco courts, uul appeals front' such Judgments' any bo taken Into circuit court of tald state for Jackson county In like nastier and under tlfe camo clrcum Unnces as hi the case of Judgments of inch Justlco courts. Section 132. All proceedings In mid court shall bo governed and reg llatcd by the laws of tho s.tato of Or 'gon hi relation to Justice courts, In cluding taxntloa of costs and dis bursements, except that ther shall be ao' trlnl by Jury hi said court. Section 133. All fines nnd costs 'ollectod by said court shall be Mirncd over to tho city treasurer bj Hie Judgo of said court, and said Judge shall make a monthly report n writing thereof to tho city- council. Section ,131, All tlio powers and 'unctions of cald court shall bo oxer is the municipal Judge. The salary if uald Juritjo Bhall bo flx d by the council from lino to time and shall bo paid by said city In tho samo manner ns1 tho salary of other officers are paid, mid salary shnll not bs changed to nkc efrect during tho torni of office if said judge, In, tho absonco from ho city of said Judge tho rocordor hall perform the duties. nnd functions thereof and shall bo ex- irriclu special Judge of said court. Tho judge of bald court Blinll bo ap- lolnted by the council at Ita first Looting In February of each odd mini- ored year and hhall hold offlco for n term of two jears and until his biic- ehsor Is qloctod and qualified. He foie taking of rice ho shnll subscribe and file with the recordor of said city an oath that he will honestly and faithfully dischargo tho duties of said offlco to tho lictt of his ability, and shall furnish a bond in such amount as the council shall require, to bo ap proved by the councl1. Section 135 Whonovor horotofofo or hereafter the cpuncll has: or may cumlo any trunk sover or win r main in bo laid along any "street of said city Tor tho benefit of said city, or any portion thereof, if after the laying of said trunk water main in- trunk 3owur the council shnllibo of tho opin ion that ttye hanie may no used by the uronerty fionthm on tho street whoro- 'ln said trunk in, mi or trunk sower has upon laid, as a lateral water main or sower without materially Interfering with tho use thereof for tho purpose for which It wa- orlglnnlly laid, said council may nt any tlmo before said trunk bower or trlmk wator main has been paid for. assess against the proporty fronting on the portion of said tho street whei In snld trunk water cause any street or portion thereof nialn or trunk s.wor Is laid, so much to ho sprinkled ahull ho given lll.nt thu rust tlmr.nr im mmli tho sun. uiu nninu iiiuiuivr iih hi caso 01 sireui,t'ini penom upMi win restur in sum the same m?.v not havo been assessed Improvements, and tho same iiro! nrnnortv from tie nro nt said trunk in ii nri.inni e.wo.,... ...'.,:' ceedlnits shall bo had and the assess- wator or trunk bower ua a lateral ln cnbe tho council finds sni,i ,: thereof. Said resolution small fix the time nnd place at which the council will hold a meeting to hear any protestsagalnst such assessment Said resolution shall bo served by publishing the sapid three times in a newspaper published and of general circulation In, said city nnd by post ing the Bamc In flv&public places ln Bhld city, nt least ten days before the date of said mooting. At said meeting (he council shnll hear and consider nil protests against such assessment, and may either at such meeting or at any subsequent meeting nsflessi' said property for siich portion of the dost ofsalJ trunk water mnlh or hlnk pewor as they shall determine' tho adjacent prop erty Is beenflle'd by having the right to use the' samo as a lateral sewer or water main, riot exceeding tho cost of a suitable latoral water main or sewer, as nforesald. and not ex ceeding thp amount designated In said notice.- Said assessment shall bo made In proportion to tho frontage iTT each parcpl of property, provided, however, .-that the council may as sess any pnrcol a less amount than Its proportion of tho cost of a sulta bio latoral, baced on Its frontngo, If It finds that the scpclal benefit to such pnrcol Is less than snld propor tional amount, 'but no other parcel shall on account of any .such reduc tion bo assessed any greater amount than Its proportion of such cost based on .Its frontage, and no assess ment snail exceed ln amount per front foot tho amount designated ln 3(ld notice. Said assessment shall bo declared .by ordlnanco and entered ln the docket or city liens nifd collopted ln the manner provided by this charter In the cause of assessment for street llllll UVUlllUIllH. t Thereaftcr'the owners of all prop orty adjacent to the street wherein1 snld trunk sewer or trunk wnter main has U.on laid shall havo the right to use the same as a. lateral water main or sewcr as the caso may bo, In the Bame manner and subject to the same regulations nB aro pro vided for the use of othe" lateral watea, mains or sowers hi said city, Tho fact that prior to tho Institu tion -of proceedings for tho making if any assessment in accoruance Msrewlth, tho owner or occupant or any. proporty assessable horeun Jor ahajl hnvo boon given permission to' use Bnld trunk water main or '.rank sower as ft latoral shall not be Jiold or taken to projilhit tho lovylng ot an assessment tfguinst said parcel of proporty, hut every such permit whether heretoforco or horearter Iveu, shall be hold arid taken to be temporary cnu rcvonaoio pormit.and Iconse only, until tho assessment abovo provided for shall have boon 'ovled against siifih parcel of prop erty. , Section 130. Whenever hereto fore or hereafter tho council litis caused any street or alloy to b'o im- irovod or has caused any sowor or filter main to bo laid and las, or may horeaftor as sess or attempt to assess upon the iroperty adjacent thoroto oj' benefit ed thereby the cost of -such improve ment, nnd said assessment by reason if any failure to give any requisite notico or by reason of nn othor de fect ln the proceedings leading up to .'ho making of bucIi Improvement or tno levying or -such assessment snail bo declared to bo void by any court, ir If the council Bhall bo of, the opln nn that Bald assessment Is illegal or louotrul by rcson of any such omis don or iferect, said council may cause tho cost ot said Improvement to ho 'e-ns3esod against tho proporty nd Incent to said Improvement or bene fited thereby, In tho following manner: Tho council -aliall declare by reso utiou Its Intention to make Bitch re issessment, which resolution shall Jiiefly dcscrlbo thotmprovepient, nnd .shall declare thelntontlon of the ouncll to assess . the icost thereof upon tho property adjacent do said Improvement, or benefited thereby, lescrlhiug In snld resolution each lintel of property which It Inlonds so o re-assess and nnd tho nmount It imposes to assess against each such parcel. Said resolution shall fix tho Mine and plnco Tor holding a meeting ir tho council, at which all protests igalust re-assessing the costs of said Improvement ngalnst adjacent prop erty, or property benefited thereby, ihall bo heard. Said resolution shnll bo published threo times hi a news paper published and of general cir culation In snld city and shall be posted In five public places hi. said city at least ton days before tho dato of said meeting. t- At said meeting the council Bhall consldor all protests against tho levy ing of such assessment, anil If after onsldetlng the matter the council shall determine that tho proporty ad lacont to said lmprovoriont, or any othor proporty, has been specially "jcnofited thereby. It may cause the "ost or said Improvement to bo as sessed against said adjacont property, or other property especially benerit ed by said Improvement, to the ox tent or tlicvpeclal benefit so received by said property thorffroni; provid ed, huweer, that no parcel of prop orty, shall be so assessed unless tho same has been described lu tho no tice of Intention to mako such re assessment abovo provided for, and no pa. eel of property shall bo as sessed ror a greater 11111011111 than tho amount designated theroror in said notice. In determining the proporty to bo assessed and the amount to be nssesscd against each parcel of prop erty, the provisions of the chnrtor ror making an original assessment shall be followed by tho council In making such re-nssessinent. The council shall have the right to assess any parcel nf property for Q.llll 1,11 I, t.m. ....i.. m. ..... ...1.1. ... If ihiIHUitoiviu IllHWUUSlUnillllK agalnts any parcel of property which has been previously assessed and which assessment has been paid, or application to pay which in install ments has been mado by the owner thereof nnd bonds! IssuoJ on nccotint 6f tho snme pursuant to tho charter of said city or tho.gcnernl Iaw3 of the stnte. All existing assessments ngalnst each parcel so assessed shall bo narked "cancelled by re-asess-ment" on the docket of city lions. Said re-assessment shall ho de clared by ordlnanco and entered ln the proper Hen docket and collected ln the same manner as tho original assessments. Section 137. Whenever tho city council shnll desire to open or widen any street or alley wlthfn the city It shall first acquire, by purchase or condemnation, the necessary land for said purpose. Any property owner may voluntarily execute a deed to tho city for any portion of his prop orty required for said purpose, and such conveyance shall be takon Into consideration In assessing tho cost of opening or widening sal J street or al loy, as hereinafter provided. The city council Bhall thereupon declare Bald street or alley to he opened or widened, describing . the street so opened or widened, and thereafter It Bhall be ono of tho streets of said city. Thereafter the council may appoint three viewers, one of whom shell be designated as chairman. Ench of said viewers shall bo a resident and freeholder of said city, and no per son owning any Interest in nny prop erty especially benefited by tho open ing or widening of said street or al ley, shall bo cleglble to serve as view er. Each of the persona so appointed shall within five days after his ap pointment file In the office of the re corder a written nccoptanco nnd an oath to the efrect that lie will rainy and Impartially discharge his duties as s"uch viewer to the best ot his abil ity. Should any porson so appointed tall to qunliry within said tlmo or tall to perform his duties as such viewer, tho council may appoint an other to net ln his stead, Tho viewers shall meet at a time and place within said city to bo des ignated ly tho chairman, of which three days' notico shall be given by, or under the direction of, tho chalr innn, but tho appearance of any view er at said meeting shall render no tlyo unnecessary. Said viewers sftall proceed to In spect said street or alley and shall dotermlno what property Is specially boncritcd by the opening or widen ing thereof and the amount of the special benoflt to each paVcel of prop orty thereof, not exceeding Its pro portion of the cost thereof. In case any portion or any such parcel shall have been voluntarily convoyed to the city by the owner hereof for snld purpose, the viewers shall, In fixing the benefit to suld parcel, do termlno the dirferenco between tho value afraid parcel, Including said part so conveyed, and the samo as so reduced, blit as bencMted by said street or alley or tho widening thoreof, Within thirty days after their ap pointment, or such further time ns the council may allow, tho viewers shall rile a report in tho offlco of the recorder, giving a description of each pleco or parcel of land which they shall find to bo specially bene ritcd by tho opening or widening of any such street or alloy, with the namo of tho owner, or reputed own er thereof, together with the amount of tho special benefit so rccelvcdby each parcel therefrom. Said amounts shall not exceed tho proportional ban- .efit or snld respectlvo parcels, and tho aggregate thereof shall -not ex ceed the cost of acquiring the neces sary land for said purposes. Thereafter tlio council liiuv. o resolution, announce that said report has been filed, ntiminir the said view ers and l'ixiiie; a time mid nluce at which thev will meet to consider tin Mtiuo and mi v protects thereto, and to assess llie property benefited o the oneniiiL' or widenintr of unv Mich street. Suid resolution idiull ho iiubribltcd three times in a newspaper Published and of ceueral circulation in said cilv. nt least-'ten da'vh before the d'alo of said inectimr. At said meetinir tlio qouucil shnll ennitue nnd consider said reports and unv protests thereto'. If it shall he mado to nuiicar to the council li any unite! made nt - Mich meetini; Hint ut.y ot the ifciiul viewers lack the oualiVieiitions uhovo specified, oi mont inane and collected In tho snmo' wnter main or sewer of such slio as ty specially benefited bv sniri ini. inaiinor ns in case or otlior street im-, would be requlnd to supply tho prop-l provonienl and the provisions of the " owner ot ilnv puree iiinoim.iiii . orty rrontliiK oi. sain street or por-1 chnrter relating thereto otherwiso u U1' .lowors "' thor """"" -' " " - won uioreui, in tnso saiu iriiuit wuiur givoa tnw council powersto so assossi l",l,K" '" ieelariuir the a " " : ...-..... ".imiiii . nuwv-1 ni'iv iiw ow up , ... aum prupei i.v. in iiiaKlng said ro-i""11 'iuci we validity of iiviiwii in Kwiitiiiu imu ;iiiu I'uiiiiujiiii 11 n I01I04YUIIX uinniier: 1110 conn- assessment tnn nmmMi ot,.. n .u.,,. 1 ahhtl .llnll. any real estate within or without 'ell shall deelau- bv resolution Its In- mo tho t nt m im,,.m,. .,,. the limits of the city, snld city 1 tctitlou to le such assessment, tweon tho various narreiR n.iinn. inu, upon ten das notice to tho do-' which rosolutli shall designate the thureto or bonented thereby hi nro fendants In said action apply to thoi street, or pmtlon thereof, along poctlon to the boneilts ruriv.t r JiuIko of the rlrcult ruurt vheruhi which said trunk that anv of them huve failed to lilt thu nresorftied acceptance or oath. nid reuoil shall be rejected and new viewers nnoofnted. If no protesls ure received to anv Mich mutters n'l ot the same shall he held to be for ever waived, Afler eoiisideriiiL' said report nnd anv urotests thoreto the council may proceed to assess atrainst each par eel of land specially benefited bv the oueiiiuL' or wideninir of sniJ Mreet or alley, its proportion of the cost thereof, not e.cecdiui: in anv ease the actual benefit received flierebv. The council shall not as sess unv pared ol laud not described 111 the report of the viewers. , shall it assess auv such parcol .1 greater amount tliuii tliut Used ir. sum report tlieretor, but the council shall i-t othorwisu he bound by suid report. In case said viewer fail t0 re port within the time above limited, or in ease the council deems the rc iiort unfair or incomplete, it innv re met the same, if made, ami appoint other viewers, and in ucli case the same urocoedim-s shall bo had as nbo'-e sot forth. No mistake or failure to dci I of land report, or the ssossnuuit tho A. noAsmoiit Said nssosnieuN when nide himi he declared by ordinance and ontor ed in' the city lien docket aud eolloci- I wninr niiiin fir run r rant n in. .r i.. ........ ... . uii in inn viim,, i,i.,..nu ........ ........ .-. ... ,, ..v il .1117 DIUIILTIV 1111 l.fll,l " ".. ...V- .(IttlU IIIHIIUUr UK iUii. . in. BiiiiiHiii 01 siica nsoiiioiii 111 in- said actwn Is ponding for nn order trunk sowor has been lalif. and which 1 Improvement, as the case inky be as. Wilts Tor street improve .m7r sUllnients has liwn filed as provided rixlut the amount of a deposit to be u proposes to permit tho owner of sesslng no parcel any Sreumouii' cent tl.fl t !- "T iX,. by ec Ion 120. to,, per cent of tho made In said court In the ninnntr adjacent propeity to use for latcral'lhan the actual benet t receive, by be i l n 1-1,, nUMU h" anioint of l . H.Knu.nt as appears hurehiaftor provided as n condition puiposes. 'as aforesaid, and shall dos- rro.ni said Improve neiit but thl 'A? ntwllmoiit. b the water man lien docket do- to ihe eight of tmld city to enter npou iguuto the amount per front foot council shall enter no iusssm0.n .',0 ',,,v V0""0'1 "V its ,1U- mr .''. " wlUm. "' xv.uh HVY 'n,. u' nfcwun n( auv par- which It pniposiw tn .nt.ss against ugalust any parcel of proport rw iiioi I'1""' l,ttnt v interested prop- amount or one ven. IniereM at n..t eel or real of ate ho sought to be ion- wild adjiuenl 1 rnneriy on nrnuitit has been mvvlni ' llLi i. Vrv 'wmr to ndvmico tM ,J. , . . .... , . .,... .nm,, Hit I ipciimir or wide-nine any Mivet ur nllev. and nfter the annio lias been opened or widened, ns abovo pro vided, mnv pmeeed to iUjscss tho cost thereof on tho wroportv Ihercbv benefited in the biuno minincr heroin , provided, and ns such nasosHinenm are colfcoted mnv rcpav tlio nmotiiiU so advanced td llie persons so ud vuneinir the same, but 111 such case no create- amount shall bo assessed iiL'iiinst the property benefited there by than the reasonable value of the preucrtv acquired for said purpose, irrespective of the amounts nctimllv paid therefor bv the property owncis so ndviineimr such cost. ii"d -said citv shall in such caso bo liable to the owners for such nmounts onlv us mav be collected on sucn assess , ments nnd such linbilitv shall lie considered as no pnrt of the linbilitv of the indebtedness of the citv ns limited bv the charter. All the fore iroiiiL' provisions as to the assess ments shnll nimlv to anv street du clnrcd opened or widened within six months previous to the adoption hereof, nnd the proporty there)) y benefited mnv in anv such eiisc ho nssesscd for the cost of such oncn imr or wideninir. ns above provided. Section 138. There is hereby cre ated in and for the Citv of Medford a board of water commissioners. Said board shall consist of five members. each of whom shnll be a oualified elector of tho Citv of Medford. nnd shall possess the qualifications of a councilman. The members of tlio first bonrd of wnter commissioners shall bo appointed bv the mavor of said cilv nnd snid appointments un proved bv tho citv council ns soon after the adoption hereof as mav bo. One of the members of said boaid so appointed shnll hold office for a term of one vear. and until his suc cessor is appointed and nuajified. The second of said commissioners shall hold office for a term of two vein's, and until his successor is un pointed and (nullified. The third of said commissioners shall hold office for a Icrm of three years, uud until his successor is appointed nnd quali fied. The fourth of said comniib sio"crs shnll hold office for a term of four years and until his successor is appointed and (nullified., At the first mcetintr of the lioald of water commissioners the members thereof shall draw lots to determine which of suid commissioners respect ively shnll hold the several terms of office uhovo provided for. Section KH). Thereafter, at the first nieetini: of the council in the month of Fclirimrv of each vear. or as soon thereafter as mav be. tlio mavor of said citv shall appoint ono member of said board, which ap pointment shall ho confirmed bv the council, who shall take thu place of the member whose term is then ex- DiriiiL'. and Mint shall hold otlice lor a term o live years. Kvervuuembcr of tle bourd of wa ter commissioners shall, before 11s sumim.' office, file with the recorder of said city an oath that ho will faithfully and honestly dischanro tho duties of said offico to the best of his ability. Tho care, custody, inaiiinrcuilinl and control of the entire wator sys tem of the Citv of Medford shnll and hereby is reposed in said Jiotird of water commissioners. Thev shnll havo power to employ a tnnnairer, or superintendent, and all other, em ployes Unit thev mnv deem necos snrv or advniitaircoiiK to Ihe opera tion of said plant: to fix all rates for water to bo fumid to the inhab itants of said citv. and to others ivithout the limits thereef: nnd albo to prescribe nil rules aud reiruliitions for the Operation and conduct of said sv.stcm. which rules shall bo hiudiiur upon all consumers of water and upon all persons in the employ of said ileum haunt. Thev shnll have power to fix tho salaries and wanes of all such em ployes nnd to purchase all necessary material, supplies and equipment, provided, however, that no expendi ture of more than .WOO shall bo mado bv said board without first submif tniL the same Io the council nml ,- curiinr their approval thereto. iuoi is Hereby created u fund to be known us the. water fund of tho titv of Medford. and all inonoys re ceived bv suid board shall be paid over to the treasurer of said city and placed 111 -said fund, uud from said 1 unu snail be paid all of the opera t 111L' expenses and other expenses made hv suid hoard, iiicludinir the silnnes (,f all cinplnvcs. Ihe .surplus remaining in snld fund from time to tlmo shall he by tho coun cil transferred to the sinking fund and interest fund. All payments from n!d fund shall bo mado by oredr of tho council and in tho niannor In wblch other payments aro mado by tho city. The council shall, before orilerini: "nv water muiii laid in said citv. whether the est j , bfl ahsUt)S0(1 upon the adiacvnt property or not. rust rotor said mutter to tlio board ' V ?",'. w:n,l,, f imihMoncrh and re- i!,.n, 7l (;"sc"t ,l,1(l "nprovnl -Moto. but h, failure of t,0 ,.,,. ' ,'! So. ''i' M "Hitter to ami lm 1 1,j,1,,onw''t or approval of boar, thereto shall not affect 0 validity ot any nsses.snie.it levied inniu! l'0!,t MK'h wator r.,11!0 f.ollmV'; "re the numbers mid h. "r" amx u,(' "'allot title of 1 ne toiciwiiiir nmiindmciit will bo muted oi, the official ballot; Annual Citv Election. January 10, .ami, (. lutrtor Ainoudment. ota Yos or No. Ala mT. I. -i ... '" "uiwoon Ie oiuinber answer voted for. ilu,"ucr nuumuted by order of the council. ll,e An Act tn l... iv. . .""!"" looi'fri'1' 101 I NO. ' and citv amend tjm charter of .frjflli l'll Hi! . V. ...V.