Medford mail tribune., December 23, 1916, Page 6, Image 6

PA0T3 RTT
mtcdfotct) matt; TTrmujro. mtcdfort), onroox, Saturday, twetier 23. 191c
NOTICK IS HKKKHY U1VKX licit
the following in a full and correct
copy of tho Title and Text of a eer
talu Act of .Municipal Ketfiulaliuu
amending tho charter of the city of
Mod ford. Oregon, to he mibmitted to
the legal voters of Mild city for their
adoption or rejection at the i.uininl
election to be held in and for f-ntd city
on tho Hth day of January, 1917, to
gether with the numbers and form In
which the ballot title thereof will be
printed on the official ballot.
Dated December i-u. Wiiti,
(Signed) EI.UKR T. I'OHtf,
Recorder of tho City of ik-dford, Ore
Bon. CIIARTEU AMKN'OMhAT.
AX ACT TO AM K X I Till': ( 1 A ilTl' It
OK TDK CITY OF A I KhKOItl), by
uddlni? thereto a ii'w chaiier to ne
linown as cup;er 1 I cnn.-lstiit;!; of
B-ctions t I7u both inclusive
rotaliitf.', to rjiecial i:sse;!monU tor
local improvement!-: lor pnvlu;? and
otherwise Including newer and
wateruKtin heretofore levied a:ul
aHKe.s.-jed, provifiln;; for the collec
tion thereof and the enforcement of
Htir.h liens and assessment!! and the
issuance and sj.le of refund hiK
bonds, therefore, to read nn fol
lows: CM AITKIt I I
LOCAL JMl'KOVKMKXTS
Payments of AssesMiieut.s, i:ten-lon
of Time) lor.
Section 1 :!'.). All unpaid assewrt
Tnentn heretofore levied and asneased
for street ImurnvementK by paving or
otherwise (m-lucllng sewers and water
mains whether bonded under the pro
visions of the Laws of tile State or
Oregon or (he city charter of the
City of Modl'ord, or tint bonded, shall
bo collected and collections of such
lUiiiB enforced as in this act provided.
Tho City Council slmll by ordinance
fix a date when all such unpaid a k
acHsmenta with interest thereon to
such dato may bo paid in whole or In
part, notice whereof hImII be riven nt;
herein provided. Tho amount of the
principal nnd Interest of such uhsss
ments remaining unpaid at the pxplru
tlon of Bitch dato shall constitute t'li
unpaid balance which, with interest
thereon at the rate expressed in the
refunding bonds In thin net provided
for, shall be payable in thirteen (Ci)
yours iiom nnd after btieh dive din
ing each of the first three i. rj
which only interest upon such un
paid bo lance must bo paid, and dur
ing each of the last ten years of
which period there shall be payable
one tentli of such unpaid hnluuee with
Interest nt the bond rato upon the
whole unpaid sum. In addition lo
the annual payment herein required,
tho option Is accorded to pay at the
time of each annual payment, one or
moro tenths of the unpaid balance
hut any such optional payncm Khali
ho considered iim payment of tho last
maturing installment or Installment);
as tho ease may he: Provided, that
tho city council may by ordinance
provide for Hcml-aununl payments of
Interest nnd principal.
Consolidated Lien Docket.
Section 5 4 0. That all special n?i
flessments mentioned In the preced
ing section shall, by ordinance be
transferred to and entered upon a
consolidated lien doclict in which
shall he entered :
(a) a description of the property
assessed ;
(b) the street and nature of im
provement for which such anscsnineut
was made and the number of the or
dinance declaring such assessment ;
(el tho name of the pernou to
whom assessed as appearing on the
original assessment roll;
(d tho sum originally assessed
against such property;
(e) the date of the entry on the
original lien dor kot and tho volume
and page thereof:
(f) the unpaid principal of such
assessment:
tg the date from which interest
remains unpaid upon such unpaid
principal.
Such doHud ;-.!ut!i :iinm. thereafiev
us a cnie olIWiit'Ml le-n doLVef, us for
(axes ui;ne..,:ed nnd levied in l';;or
of the city and the amounts of ihe
unpaid a-.i.ttsMiients. including inter
est therein duel-elod. shall he paid
and the liens (hereof enforced an in
thin act provided and shall bo and
remain a lien on each lot or parcel
of land, or other property, re: pec
tlvoly. in rnvor of the city, ami .such
liens rdiall have priority oer all
other liens and luiunibrameij what
soever. 'oiisolldated Improvement District
and l-'itii'l.
Seel ln hi. The city Council
fihall by ordinance create a consoli
dated improvement district compris
ing ail Improvements of streets by
paving and otherwise and the con
struction of seweiH and waleriuains
heretofore made where any special
assessments renntlu unpaid, and shall
. ereato h consolidated Improvement
district fund comprising the same.
Notice of Collection of Assessment.
Section I ! 'J. The owner of any
lot, tract or parcel of land charged
with any such assessments hereioloio
levied and assessed may redeem the
same from all or any porilim of such
liability y paying the entire assess
ment or any portion thereof eharued
against smh lot or parcel of land
within fifteen i I I d;is after notb e
to htm ot such assessment, which no
tice shall he given an follows; The
City Treasurer shall, as soon as tile
date shall be fixed tor the payment in
whole or In part of sm h assessments
with interest, give notice by publica
tion, that the consolidated lien docket
I in his hands tor rolh i tinn and that
any assessment thereon with interest
to the date fixed or any portion there
of may he paid at any time during
the fifteen t 1 day p.-iind endiim
with said date, the date or first publi
cation of which notice shall be nt
least fifteen tt ' I dava prior to said
date, and that there a'ter 1 1 .,lMt re
maining unpaid tdutll become Hue and
payable during lil-e HMeen nnv pe
riods as herein provided in ;vni;i.ii or
0U)-annnul pu no nts the t ae :
may be.
Th refund ns bonds h"i.'ln pro I
vlded for shall not be iu-tl pii.ir to
twenty t das iili"t the evira
tion of the fifteen I .'i i tt.i m ;iime
mentioned but may be- i: uod ,it ;.n
time thereafter. The owut of nil)
Mich lot or parcel of land -. el
jnay redeem (he same Hem nil i!-
ity for the unpaid amount of such
assessment at any time after said
date by paving said unpaid amount
with interest thereon to the dale of
the next interest payment on the
bonds issued against such eoitsoll
diili d Improvement district. AH sums
paid upon such assessments thall be
paid to the CH y Treasurer and by
him credited to tho consolidated
fund.
Defending Improvement 1 to mis,
H ctlon 1 The. City Council
shall by ordinance authorize- the istiie 1
of the refunding improvement bond ;
of ihe City in an amount - equal to
tho unpaid balance of such assess-
moots, existing at the expiration of .
the dale hereinabove provided for, in
convenient denominations not exceed-
ing Five Hundred $,MM i Dollars t
each: and such bonds shall by the'
tenns thereof be payable on or he- j
fore a date not to exceed t'itteen (l.V
M.-ars from and aftor the date of such
bonds which latter dale may be fixed
by re.-otiulcn a ml be payable in their t
lMnuerlcal order in r,oid coin of the i
i'niU:;l Static and bear interest not ;
to exceed six f li'.; I per rent
per annum Interest payable semi-annually
or annually, said interest to he
evid need (y coupons attached to said
bond.;: Provided, the right to take I
up ami cancel yw -bond or bonds
upon the payment o1' Die face value
thereof, v.i'.li a'-ct-u. .! Interest to the
date i p::1' mi :it al any coupon pe
riod nt or nit. r oee (I) year from
tin; daH ''.' . neb bond or bonds, shall
be, and !:r -eby is veted di said city.
Xotlco. t hi -1 certain Ik ih)s shall be
taken up and cant r!h ;-k aforesaid
and that tii" (ul'TcaL ther'on shall
ccu:-e at (lie period r.ext following,
shall he pubic bed oneo in a news
paper printed end published and of
g(?neral circulation in the city at least
ten (IU days preceding such period
and shall state that bonds Xo.
(giving the serial number or Jium
beiB of the. bonds raped) v.'ill bo paid
on the day tho next 'nterest eoupom;
on said Itoudu shall I ef;:i:o due and
interest upon such bonds shall cease
on such date. Such bonds before is
suance shall be signed by the Mayor
and countersigned by the Treasurer
and attested by the Recorder of the
City, and authenticated by the seal
of the city attached thereto and shall
be registered consecutively by the
said Recorder by number and denomi
nation of each in tho "improvement
Dond Reghder." The City Council
may by ordinance make other or fur
ther provision for tho registration of
principal or of principal and interest
of such bonds. Kuch of such, bonds
shall have plainly indicated on the
face thereof tho registered number
of said bond and the words "Refund
ing Improvement llond 1!) 17" with
the name of the City of Medford. The
City Council shuil provide for the sale
of such bonds for not less than par
and accrued interest; tho proceeds
thereof shall he paid by the purchaser
to the City Treasurer and shall be
applied to tho redemption and pay
ment of tho outstanding and unpaid
CUy of Mod ford Improvement llonds
and W arrants for paving, sewers, a:ul
water mains, and to (he redumption
and payment of coupons of such
bonds held by the city and represent
ing moneys advanced by it from taxes
and otherwise from Its various funds
by way of loans to meet, from time to
time, maturing Interest payments in
bond fund districts hereinbefore, con
solidated. K:ich bond shall provide that the
principal sum (herein named nnd the
interest thereon shall he payable out
of such consolidated improvement
fund. Such bonds shall bo a charge
upon the property subject to such as
sessments and the amount of the
bonds so issued shall not he deemed
or taken to he within or any part of
the limitation by law as to indebted
ness of Hald city as provided in sec
tion 72 of Ibis dinner. Whenever
there shall ho sulf,bient money in
such fund over nnd above sufficient
for the pavment of interest on all
such unpaid bonds to pay tho princi
pal of one or more bonds, tin; treas
urer shall call In ami pay such bonds.
Installment Payments, Inteiest, Pen
n My.
Section I I I. Annual or :;enii-an-uioil
iustii M in en ts, or interest pay
ments, which y.hait remain unpaid at
the expiration of the time fixed for
..i'ca respective payments shall there
ii pon ' c; oiac delinquent, and shall
bear a penalty of rue. la'i ) per cen
lum upon Ihe amount of such delin
quency, in addition at the bond rale
i ou the principal sum so delinquent.
For such purpose, if any interest pay -nu
nt during the firtd three years as
herein provided, shall become delin
queui, it shall tie subject to such pen
ally and interest upon the sum so de
linquent. Interest and penalty shall
ne included in, and shall be a part of
the a.-iessmeiit lien.
t pon I lie e pi rat ion of the time
fixed for annual or semi-annual pay
ments, the Treasurer shall mal.e re
turn to t he Recorder of the sums
paid and upon what properly and of
theimuiH unpaid. The Recorder shall
thereupon i-sue. his warrant In form
approved by the City Attorney to the
i 'ity Tt easurer com ma tiding him to
.sell all property so delinquent for the
amount of such .lelltniucncy. with
1 enalties. interest and co.us as in this
act provided.
Sales for lblinqinnt .smwiiuhn.
Set tien 1 Thirty :;o I da .a
after any such annual or semi-annual
installment or payment shall have be-
i nine delinquent, ihe City Treasurer
shall proceed to sell the properly do
scribed on said consolidated lien
(locket so delinquent and mipahl, for
the amount of such delinquency to
gether with penally and interest ac
cruing to date td rale, and for the
cost-; of such sale, lie shall execute
and deliver certilh ateH of sale to the
purchasers, and ax'SMiiem deeds to
the person thereunto entitled.
The Treasurer shall give notice of
such sules by pn bReat ion. Smh no
tice shall contain u lit of all prop
erty upon w htcli such nressraenis are
eliuiiieut. with the amount of tee as ;
sessnients. inf ei penalt ie t and
costs, to date ol sale, together with
the Humes oi the owners of uich prop
erty, or the words ' I'liknoHii Own-1
is.'" a the same nui appear upon!
s:iid conotieiUMl deckd. and shall
spec it t he t iim and pla e of :aU-. and !
I Hill I lie pr 'eel C heyi nt i rl "e.l ;
v. ' , , i;, t. -a" o C:e a 'i-e-im'iim,
Lint n p :i.iit us and eort.;.'
due open (ue s i'ne. Ait uc!i sales I
.hail be t: ;ide :ieueen the hour of j
ten e cin.-ii a. iii. and lour uYhu u p 1
ia. .tin! .-hail taivc pl;o e at the Iioiit
door or the building in which the
City Council holds its scesionn. Such
sale shall he continued from dav to
dav, omiltiuLr Sundays ynd legal lioll
flw. until all the prooorty dencrlhed
in f.-'id eon-flblated Men doet.et on
v,hleh aiiv smh p-seent. or in
'talhent thereof. Is delimiiicnt and
'Uipaid Is sold All such miles shall
P( rinbije. nnd eidi Rt. tract or nur-
ol nf tii'id. sbull ho s'dd senarutely
nnd in Die nrdei in which the name
nr.e-w:tr noon the onsoHd;ited lien
rfel.ei commenelng at the beginning
therpof. '
All tr:irln and narcids or bind
sold for i'elin"ueii and mnnibi lo"al
uv-c-'sinent'i. shall bo p'dd to tho flivt
"nr;;nn et such sale offering to nay
tlm n mount due on cfteli sueli lot.
t'-"t or oa reel of hind, If there be tm
bidder for unv lot rnr-t or parcel of
'("i. r,i- n snot HUliicioMt lo ni'v 1 lu
delinquent, nod unnnbl assesnient
ti.-.o or in-talhtient iliorof with
nii-rct. iieo''"' anil rr.'-ts. tlA tTt"i-
erer ha1' irt';e (ho Siino off to the
e!t" for tl'e v. I''e anr)illit whleJl I"1
b; reoutrd (o celleet. bv such sale. If
itiu- bfrlde" to whom any nronertv Is
"triel-en off ct piih sale does not nav
th1 tft-e-moenf. mIpi'""u oenaHv ftnd
'o.'ds hfifnv' te o'clock n. m. of Ihe
'in' fnltowinir the dfv of such sale
such em pert v must then bo refold
nr (f t''e asseff ipent sole is (dosed be
deemed to imve been f-oUl to the city
and n ert jffmte if sale shall he is
sued to the city therefor.
Itedmi of Sale.
Section I If!. Within flflnen fir.)
diiys after the completion of the sule
of all propertv so authorled to be
sold a4 aforesaid, the Treasurer
must mako return to the Recorder by
whom tho warrant was issued for
such snle. with a statement, of his
action thereon, showing all the orop
erly sold bv hltu, to whom sold nnd
the sum paid therefor..
Certificate of Sale.
Section 117. After receiving the
amount of the assessment, penalty,
interest, costs and charges. The Treas
urer shall make out a certificate,
dated on the day of sale, stating
(when known) tho name of the own
er as given on the consolidated lien
docket, a inscription of the land sold,
the amount paid therefor, the name
of tho purchaser, that it was sold for
the assessment, giving the names of
tfie streets, or other brief designa
tion of the improvement for which
the assessment was made, and
specifying that the purchaser will be
entitled to a deed two years from tho
dato of sale, unless redemption there
of ho made. Such certificate shall
bo signed by the Treasurer nnd shall
be delivered to the purchaser, and
shall be by such purchaser recorded
in tho office of the County Recorder
within thirty Cfu) days from the
dato thereof, if no! recorded within
said time, tho lien thereof shall be
postponed to claims of Bubi;equont
purchasers and incumbrancers for
value and in good raft li who beconic
gucIi while tho same is unrecorded.
Tho City Recorder shall be the cus,
todiitu of all cerlifiea!en for property
sold to the city and shall at any time
within two years from the date of
such certificate, and before redemp
tion of the property therein describe
ed, sell and transfer any such certifi
cate to any person who will pn.seiii. to
him the Treasurer's r eceipt cnldeneiug
payment to tho Treasurer of the
amount for which tho propertv there
in described was stricken off to the
same redeemed, with (hi; date of such
on. nnd such Recorder, may. it ho au
thorized by the council, sell and trans
fer any such certificate In like manner
alter the expiration of such period of
two years from the date of certificate.
Idiibllity of TreuMirer.
Section I IS. If the treasurer shall
receive any moneys for assessments,
giving a receipt therefor, for any prop
erty and afterward return the same as
unpaid, or shall receive the same ailor
making such return, and the same be
sold for assessment which has been so
pal 1 fine receipted for by hiai-ef, hfa
e'e k or deputy, he and his bond fball
!): liable lo the holder of ihe ceili
eate given to Ihe purchased at ih sale
;'er the amount of the face of ilie c u
ulicate. ami leftal interest tit be ;'u
u.uuded w ii lit u t wo yc:os I rem the
c.':tc of stile and recovered 'n any eourf
b: lng jui isoiriion of tho amotini, mid
tiie city shall in no east be liubP: o
"it.- hoKler of such cerlilieaio.
liecanl of Payment.
Section U!b heneer before the
sale of any property the amount of any
assessment thereon, with iuieiest, pen
ady. cosis and charges accrued there
on. shall be paid to tin' tieasuror. he
shall thereon mark I be same paid, with
tho date of pnymenr i hereof on the
consolidated hen docket, ami when
ever after the sale of any propeity
for any assessment the same shall be
redeemed, he shaU thereupon enter the
same redeemed with the dale if such
redemption on such record. Such
records shall be made on the margin
rf the record rppostto the description
of such properly.
ProH'ily Held In Triift.
Sei'tion lab. Whenever tie- prop
erty shall he bid in by the city or be
stricken off to ihe city under ami by
virtue of imy proceeoing or pro
ceedings pi ovhb.d in thi.i act said
property shall be hon In trust by said
city lor snhl fund to the extent of ihe
amount oi the assessment or install
ment lor which said proper ty was sold,
with penalty, accrued interest, and In
terest on said installment to time of
net rail tor bonds or warrants: Pro
vided, however, such ciiy may at any
time after the piucutng of a deed pay
Into such fund the amount of the do.
limiueut a:ises!inent for which said
property was sold and all accrued in
terest and interest to the time of the
next cull for bonds Issued against such
fund at such 1 ami rate, ami thereupon
shall take and hold said pvopon . dis
charged of such trust
Stile of Propeity Held in TriiM.
Section l.M. The city may al any
time alter the periou of redemption
has expired and de ds Issued to said
city under :rid bv irue of any pn
c e lins tin-nt auii d in this ac'. i-!l
any such propertv a: ptinlie auction to
the highest bidder bo cash, bul no bid
shall be accepted jr nnv amount less
than ihe anion--! sei fotth m said deed,
pies accrued bii'-'-'O to date of sale,
computed on the :r e-i-aueitt for watch
p.-o ' i w .c !d 1nM t Mi- lla'e ef
ihe lAertit n of said d 1, ami nil the
delinquent a- s 'SNu.eul and M'"s thai
may stand uuntnst tuiid pro;f;:v with
acei lied hileieict t lie i eon. p,-ll.l It ies.
C's's and ether i l.ni:;es. and the said
city :diali i.i) into :.aid lend for whu h
said property was held In trust ho1
much thereof a3 shall fully cancel the;
assessment (or which said property
was sold, together with all interest
thereon.
Any such tale shall he had oulv uuon
notice bv publication netting forth a
denrrhithui of the property to T r.old.
'hat the cilv Treasurer will sell such
property on the day aitrjlfled at the
front door of the building in which the
c'ly council holds its sessions, between
'ho hout-H uf tn o'clock a. a'el
four o'el'tck n. lu. :ou continue uch
Mb from dav to dav. or withdt-; w
nieji or-'xioriv from sw'e nfier the f'rvt
'llV If te 'rcieau'er in Jp-i dtsc"'t(Ui
ac.w ), io-e-'ti oT (bo r'tv
reouiro: Provided, that ut least fif-
''"n ii-o- t wpiill (.I:- - we 1iel vr.(.t tlio
of 1'Mt nuP'ieatt,n of fcb "otiro
i!id the day such proper v W, sold.
Ifedeniption jmtl Died,
Peelb" 1"'' Air n---ortV "O sobl
fer .;.,...-.,),. -O -t-'elt If mil i iff!? to
..a(,..,..tl mi , i li f.,i (,u'n,ir v
his iL"-:itiree. niOff iraueo. h- Ir. or other
ivMU'oi'.-nTi.-iti-'f. j jinx- f i. w'thin (wo
'ar!i fifen t''e it of ihe sil ii"-!!
bo '.jivimiO1' to the h'r'ifJi'Cf fn the
";di:e;or nf t'-'1 a"'"')"' r e w-tih-h (he
Hne h"( "''ll iioe'':t at flip
rate of fifteen ( I T. I I nor cent per iiu-
nton. ti'Hher vi(Ji f;ive;j mid n"ee-
lal ai:e -s'l'e-its. interest . nenaltie
"'s'" nnd other eh"- "- the-eon ttaid
bv the muelutser fjf wueh nronertv n'
'V binee snei sab, vdlh like Interest
thereon. Cnless written notice of
tpvey rd asesrao its suhsemientlv
"Mld. nni th 'un-nint ie"-eof. shall !e
deiiosf'ed with the r'lv t'eiisin'or. i'p.
riemotion mav he made without includ
ing Ihe name. On any such rodenin
t'oti being made, tho t rea surer hal'
nlve to toe reiloMiot inner a certificate
nf redefinition therefor. iou nv over
1 bo anion n t so received ' o t he mi r
chaser of the certificate of sale nr bin
sissliius. Should no i demotion be
made within sjibl neriod of two years
the treasurer shall, mi demand of the
nnrehaser or his assigns and the sur
render to him of the i:erttieto nf sale,
execute to such purchaser or his as
siirns. a deed for 'he pr'nerty therein
described: Provided, that no such
deed shall be executed until the holder
of such certificate of sale bIipII. ac
cording to the record in the office of
the County Recorder, have notified the
owners of such proper: v that, he holds
such certificate, and that he will de
mand a deed therefor. Said notice shall
he given by personal service upon said
owners: Provided, that in case
said parties are non-residents of the
stale or cannot ho found therein after
diligent, search, then mci notice muy
bo given by publication once a week
for three successive weeks. Such no
tice and return thereof, with the affi
davit of tho person, or in ease of the
city oftho recorder, claiming ttuch deed
showing that such service wan made,
shall ho filed with the treasurer. If,
notwithstanding such'" notice, no re
demption be made within sixty day;;
after the date of service, or the date
of lirst publication of such notice, the
holder of such certificate of sale shall
he entitled to a deed' thereon. Such
deed shall he executed only for Ihe
property described in the certificate,
and after payment of all delinouent
taxes and special assessments there
on, or installments t Hereof, the cer
tificates of dellu(uen.y di other cer
tificates IsHiied for wpjelal or local as
sessments, whether the same were
levied, sssessed or issued pr ior or sub
sequent lo the Issuance of said certifi
cate of stile; Provided, (hat any such
deed may be issued to. the city for the
face amount for whiebsaid cortifieiite
of sale was issued, ., plus accrued in
terest, costs, penalties and charges, and
shall he held by the crty subject lo the
liens of general taxes and special as
sessments. The deed shall he executed In the
name of the city; shall recite in sub
stance the matters contained in the
certificate of sale, the notice to the
owner, and that no redemption ha.s
been made of the property within the
time allowed by law. The deed shall
ne signed and acknowledged by me
City T ivy surer, as such, and shall he
prima t'acie evidence that the property
wa.-t assessed according to and as re
quired by law ; thai tno assessment
was not paid; that the property was
-sold ns required by law: that it was not
redeemed: that, due notice of demand
for ileed had been given, afid thai the
person executing the deed was the
proper officer: and tiie deed shall be
conclusive evidence of the regularity
of it j i oilier proceedings :rom the as
sessment, mi to and including the exe
cution id' the deed, ami shall convey
the entire fee simple title to the prop
erty therein described, except as other
wise provided lii-rein for the oily,
stripped of all Hens and claims except
taxe.-i and assessments for local Im
provement a or Installments thereof,
not delinquent.
Such deed, at the expiration of one
year from Its i.-.suanee. shall in all re
spects become ab-tomte. and no suirs
of any kind or character shall be main
tained or shall set aside'or annul the
sale of said properly for said lien. In
case any sale of property shall lie va
cated or set a:ude or declared void by
imy court within the time herein limit
ed, hecrnipe of any irregularity or de
fect in the proceeding leading up to the
levying of the assessment, whereon
same is hus-'d. or in the collection
thereof, or the proceedings leading up
in the sale of said properly ;ae city
shall, noon the application in writing
setting forth said facts with a certi
fied copy of such judgment or decree
attached thereto, repay to the put
chaser at raid sale, or his assigns, the
amount peid by him at sard saie, to
ne: her with all special assessments,
interests, penalties, and costs thereon
paid by him at. or tdneo such sale with
interest there on nt the rate of six
it!) per centum per annum.
The City Trensuier i hall charge for
the issuance ot each certificate of sale
the sum of fifty cents; for each deed
the sum of one dollar.
Toivi losiire.
Section 1.V1. The City may proceed
with tho collection or enforcement of
any delinquent assess merit, or delin
quent installment, whether the ame
i ct'oine a Hen afier this act shall be
come effect I ve, or prior thereto, by
proceedings In court therefor in an ac
t it n brought in its own name in the
Circuit Court of Jackson -County. It
shall not be ne-ccssm y ro brlnu a sepa-
ra'e Mill lei each -U.ll scpaint ' piece
or parcel of ptupert y delinquei't. but
ill or anv p:ut of the property
delinquent may be proceeded against
in the atm- action ami ali or
anv of the o tu'i s or jH-ivotis
mier-'ted in anv of the pto; rty
sa delinquent fna be Joined as poiOcs
defendant In the action to foreclopo,'
and all or any liens for such delin
quent assessments or installment;'
thereof, may Ik foreclosed in such pro
ceeding. Such proceeding:! shall be
tr'ed before the court without u iurv.
In any such proceedings it shall he
Butficlent to albe the niiRsaue of the
ordinance, providing such Itnorovement
the making of such improvement, the
levying o! the pyKessnient, the con
firmation thereof, tho dale of delin
(lueney of sneh assessment or install
merit, nnd that such assessment was
not "aid nrloi to such delinouenev or
nt all. Such lien deckel and cmfirma
toiv order or Huh' authenticated eon
lo (hereof, shall be iiriina facie evl
''nee of tho regularity and locaHlv f
t h orri"ieiiings tin,'",ti therewith,
and ihe burden of nroof shall be on the
it"rendaiils. In anv pitch action where
ihe owepes or narties futwrested In any
I'si'licnlar lot. tract or n-ireel of Wud r
other nrnperty included In such suit
sPmI) onff(.r ,i denoilt. r,m court mav
enter iudement "f foreclosure and sa'o
ns to such oartles nnd ivrrortv so in
defoin and order execution thereon,
and lb" action m-iv oroceed as to the
remainim defe-ohmls pud erouort v.
T he judirnient f the court shall sneclfy
seuratolv (be amoun- of the aset
rient. or lntallinen thereof with in
teret. nenaltv. and costs, ehursealdn
to the several lots, trncrs and parcels
f.f land In such proceedings. Such
iudnmeiit shall have the of feet of a
semi rate judgment a to each Jot,
try ot. or na-'cel of land: described in
such tudument. nnd anv anneal from
isuch judgment shall not invalidate or
delay the judgment evc.ent as to the
nronertv concerning which the nnpeal
is tiiken. In entering b'd'rnient tlw
court shall decree that such lots, tracts
or narcols of land bo Hold to enforce
such hidument, and execution sbnil
Issue fr the euforcenic:it of such de
cree. Judgment mav lie entered as lo
any one or more separate lots.- tracts,
or parcels of laud involved in such
nroeeodintrs and the '.nirt may retain
iurisdictloq of the cise ai to ihe bal
ance. All proceedings supplemental
to judgment, including anneal, order
of sale, aste period of redemption and
the Issuance of deed shall be had and
conducted In accordance with the law,
now or hereafter in force, relating to
property sold under or upon foreclos
ure of real estate mortguges.
l.ieu of Pui'chiL-ier.
Section 154. The mirchaser al any
Rale authorized in th'.J act acquires a
lien on tho properties so hid in by him
for the amount paid by him at such
sate nu well as for (ill taxes and de
llnoueut assessments, or delinquent in
stallments thereof, and certificates of
delinquency, and till interest, penalties,
cesis and charges thereon whether
levied previously or subsequently to
such sale, and whether for state, coun
ty, city, or school district purposes,
subsequently paid by him on such prop
erty, and shall be entitled to interest
at the late of fifteen (15) per cent
per annum on the original amount paid
by hiin from the dale of said sale, and
upon such subsequent payments from
the dato of the payment of the re
spective amounts.
Irtjcai .Wcssnionts to He Included in
Ccrtifinttes or Uolimiueiicy for
General Taxes.
Section 3a5. Tiie holder of any cer
tificate of delinquency for general
taxes shall, before coe raeucing any ac
tion to bueclose ihe lien of such cer
tificate pay in full all local assess
ments or installments thereof out
standing against the whole or any por
tion of the propeity included in such
certificate of delinquency, or, he may
elect to proceed to acquire title to such
property subject to certain or till local
assessments as liens thereon, in wnich
Case tho complaint, decree of foreclos
ure, order of sale, sule. certificate of
sale and deed shall so state, if such
holder shall pay such local assess
ments, he shall be onthled to fifteen
lir) per cent interest per annum on
the amount of the delinquent assess
ments or delinquent installments there
of so paid, from date of payment.
In any suit to foreclose any lien for
genera! taxes upon any properly a copy
of the complaint shnll be served on
the treasurer of the city within five
days after such complaint is filed. In
any case when- any property shall be
struck off to or bid in by the county
at any sale fort general taxes, and
such property shall subsequently be
sobl by the county, the proceed:; of
such sale shall first be applied to uts
charge in full Ihe lien or liens for gen
end taxes for which the same was
sold, and the remainder, or audi por
tion thereof a1- may be necessary, shall
he paid to the city to uncharge alt lo
cal assessment liens upon such prop
erly, and the surplus, if any. shall be
distributed among the proper county
funds.
Itoa.ssevsiuents.
Section Ka".. Whenever heretofore
or hereafter the counc:: nas caused or
may cause, any street or alley to be
improved, or has caused any sewer or
watermaiii to be laid nnd has, or may
hereafter assess or attempt to assess
upon the property adjacent thereto or
benetitted thereby the cost of such
immovoTiient, and salii assessment by
reason of any failure to gi. e any
requisite notice or by reason of any
other defect in the proceedings lead
ing up to the making of such im
provement or the levying of such as
sessment shall be declared to be void
by any court, or if tin council shall
he of ihe opinion that said assessment
is illegal or doubtful by reason of any
such omission or defect, said council
may cans" the cost of said improve
ment to be re-assessed agidnut the
property adjacent to said improvement
o rbonofitcd thereby, iu the following
manner:
The council shall declare by roso
lution its intentions to matte such re
assessment, which resolution shall
brieflv describe the improvement, and
shall declare the Intention of the coun
cil to assess the cose tnereof upon tho
proierty adjacent lo said improvement,
or benefitted thereby, describing in
said resolution each parcel of prop
erty which it intends so to re-assess
ami the amount it proposes to assess
attaint each parcel. Said resolution
shall fix the time and phe-e for hohtiuu
a meeting of trie council at which all
protests auainsi re-asse sing the costs
of said improvement ami mst ndiaceui
property, or property benefited there
in . shall b- 1mm Said resolution
shall be publish d. the Uate of Ihe IhM
publication or which shall be al least
ten days before the dale of said hear
iiiL;.
At said heariag the eotim i! shall con
sider all protests Huanst the levying
of -tieii a -segment., and if after con--ode
ling the matter Ihe Council .ihal'
determine that the property adjacent
to said Improvement or any other nroi
erty has been specially benefited
thereby, ii may chuhg Cue cost of said
improvement to bo assessed against
said adjacent propertv. or other prop
erty especially benefited bv said Im
provement to the extent of the special
benefit so received by said property
therefrom: Pro hied, however, lhat
no parcel of property shall be so as
sessed unless (he same ban been de
scribed iu tho notice of Intention to
make reassessment above piovided for,
and no narcel of proper-y shall be as
sessed for a greater amount than the
iiinount designated therefor in said no
tice. In determining the property to
be assessed and the amount to' be as
ses fed aualnst each rcel of propertv.
the provisions of the charter and or
diliiiv.o for making an original assess
ment shall be followed by the council
in making such reassessment.
The council shall have the right lo
assess uuy parcel nf oronerty for said
improvement notwithstanding ihe same
may not have been assessed in Un
original assessment proceeding, iu case
the council find said pronort v spec
ially benefited by snhl improvement,
and the provisions of the charter re
lating thereto otherwise gives the conn
ed I nower to assess said properly. In
making said reassessment the council
shall distribute the cost of said improvement-
between the various parcels
adjacent thereto or benefitted iherebv
in proportion to the benefits received
or the frontage of the property on said
improvement, as tho ease may he, as
sessing no parcel anv greater amount
than the actual benefit received by It
from said improvement, but Ihe coun
cil shall enter no assessment against
any parcel of property which has been
previously assessed and which assess
ment liar, been paid. Any existing as
sessments so re-assessed shall be
marked "Cancelled by Iteassessinent."
Said reassessment shall be declared by
ordinance and enter. r iu the city lien
docket and collected in the same man
ner ns the original assessments shall be
collected under the provision of this
charter and the ordinances of the city.
Oidiuiuiees and llesoliitlons.
Section ir7. The city council shall
pass all ordinances and resolutions
necessary and proper to carry out Ihe
provisions of (Ids act.
Validation of l-ocnl Improvement
Assessments
Section IG.s. Whenever the ciiy
council has made, or shall hereafter
make any assessment against prop
erty tor any local improvement au
thorized by law and this charter and
has in making uuch assessment, acted
in good faith and without fraud or
shall hereafter act in good faith and
without fraud, the said assessment
shall be valid and enforceable as such
and a lien upon the property upon
which the same purports to be a lien;
and all assessments heretofore or here
after made by the city authorities in
good faith and without fraud are here,
by declared to be valid nnd in full
force and effect, and to be collectible
in the manner which ir now or may
hereafter he provided by law and this
charter.
Assessments 1'nUl by Joint Owner.
Section 15J. Whenever any local as
sessment, or installment thereof, shall
be paid, or any certificate of sale
therefor be redeemed, or any judgment
therefor be paid by any joint owner of
any property assessed tor any local
improvement, such joint, owner may,
after demand and refusal. by an action
brought in the circuit, court, recover
from each of his co-owners the respec
tive amounts ,f such payment which
each such co-owner should bear, with
interest thereon at ten (id) per cent
per annum from the date of such pay
ments, and co.-its of the action, and the
joint owner making such payment shall
have a lien therefor upon the undi
vided interests of his co-owners in and
lo such property from date of such pay
ment. City May Piirrlmso nt Tax Sale.
Section itiu. Whenever any prop
erty situate iu the city shall be of
fered for sale for general taxes, the
city shall have the p.jwur to protect
the lien or liens of any local us?o3,t-
menls oirstaiu'fng u-rainst Ihe whole
or any portion of such property by
purchase or otherwise.
Acts It open led.
Section Hil. Ail acts and parts of
acts both state law ami City charter
m conflict herewith are hereby re
pealed; and all acts or pails of acts,
either general or special in conflict
herewith, are hereby repealed in-so -tar
as I hey conflict here wit h or restrict
the powers or. duties hereby conferred
upon said city or its .Mayor or Council
or other officers. Any acts or parts
of acts herein repealed which are re
enacted in form or substance lu this
act shall not be cr.nstrucd as new
enactments, but as continuations and
amendments ct such acts or parts of
acts.
rublii ation.
Section If.:!. When this act requires
notice by publication, such notice shall
be published once in a newspaper pub
lished in said city ami of general cir
culation therein, except as otherwise
in this act provided.
Notice lo bo Mailed.
Section 103. In all cases of assess
ments or installments (hereof becom
ing due and payable the city treas'iier
shall mail to the owner of the property
assessed a copy of the notice required
to be published when tiie post office
address oi such owner is known, and
failure to mail the Fame shall not be
ratal when publication is made.
Ahm'smim ills lsiid in Kn or.
Section lt'4. Wheneer. throtmh er
ror or inadverdauce, any person shall
pay any local assessment, or in&iall
nioiu thereof, upon I he lands of an
other, such payor, may. after demand j
aim reiusai. tin ticiuin in iiiv chcjii
Court, recover from the owner of such
lands the amount so paid, and costs of
the action.
New raving Hnseil on Petition Only.
Section Ida. After itiu act shall be
come effective, the city council sha'l'
not have juiwer to levy spechil assess-1
incuts for paving hernjfler to h- madej
except upon pet it ion signed by ihe j
owners, aceoiding to the records in the
office of the county recorder, of prop-j
erty to an aggregate amount oi a ma-'
jority of the lineal front nue upon thej
iniiu ovenie:;- u oo uuoie anu u ine
area within the limits of the assess
ment district1 to Ik- created theiefor.
Ads lo le Liberally Construed.
Section The rule that statutes
in den-nation of the common law y.re
to be atrictiv ct :i.iini"d shall have no
application to this net, Hlt (he saip.
shall he liberally cons: rued for tho
purpose of carrying out the objects for
which this act Js intended.
Discharge of I. lens.
Section 1G7. Kutrles of payments
of uisesdments and of installments, in
terest and costs made under the pro
visions of this act shall le made iu
the consolidated lieu docket aforesaid!
as the same shall be received, with the
date thereof, and such payments mado
and entered in aaid consolidated Hen
docket shall bo mid operate as a dis
charge of such lien, to the amount of
such payment, and from the dato there
of. enforcement of Subsequent Mens
Authorized,
Section ICS. The enrn-eomont of tho
lien oi any iiisuioiulio ui imnrm va!
ment by any method herein authorized
shall not prevent the enforcement of
Ihe lion of anv HUbseuuenl installment
or interest payment bv any method
herein authorized when -the same shall
become delinquent.
Pending: Proceedings.
Section lttf. If any proceedings
shall be pending for the enforcement,
of the don or liens of any delinquent
assessment or ussrts:-ments for paving,
sewers, i r watermains ut the time this
act becomes effective the city may pro
ceed with the enforcement of any such
lion or liens under the provisions of
law and t ho cliy cnarter and ordi
nances of said city existing at tho
time of the taking effect of this act.
Outstanding Vi tuicates of Sal-..
Section MK The holder or holders
of any outstanding certificate of sale
heretofore issued for special assess
ments for ' paving, sowers, or water
innhw miiv oriieeoil with i ho enforce
ment of the liens of such special assess
ments under ihe provisions or law ana
the citv charter ami ordinances of
said citv existing at tho dato this act
.becomes effective.
The following is the form in whtcli
the foregoing measure will appear
upon the huMot:
Annual Citv Election, January 9th,
1017.
Mark a crnas fx) between number
and answer voted lor.
vini, mh;,.-i ), luiiiailve Petition nnd
ordered by the uity council.
('barter Amendment, vote "yes, or
'no."
ISAM.T TIT IK.
"An Ac :o amend the Charter of
the City of Mcdrnrd, Oreuon, by adding
thereto a new Chapter of Sections
relating to special assessments for
local improvements heretofore levied
nnd assessed, known as "The Hanson
Plan," providing for the collection
thereof and Ihe 'enVo: cement of such
liens and luisessmeuts; providing tho
manner of fi.reelos'tro, sale and re
dompiton, with penuries nnd interest,
of property a isossod for such local as
sessments; providing ior the issuanco
and sale of refunding bonds therefor,
the extension ni time :n which to re
deem such bends, and the method and
lime of their retirement."
4(14 Yes.
41)5 Xo.
MWSUITSiK
LEIN
FOR
I KNOW VI UOTHES.
TO ORDER $25.00 UP
Also Cleaning, Pressing and Altering
128 E. MAIM UPSTAIRS
Money to Loan
. ON FAEM PR0PEETY
Six Per Cent Interest
FROM $250 TO $5000
O. G. Boggs
Go Eh
Union
Pacific
System
OREGON-WASHINGTON
LIMITED
Leaves Portland Union Station
10 A.M. Daily
lia the
Famous Columbia River
Route
The only Thrnuiih-to-Cliicaco train
electrically lighted, automatically
protected.
WM. McMURRY
General Passenger Agent
PORTLAND
s'