BEDFORD ' MATE. TRIBUNE. MEDFORD, OREOON. SATURDAY. JANUARY ' IX 1017
PAflF, FIVE
PR0CMT1
Whciwis, by Initiative petition of
the legal voters of the City of -Mod-ford,
Oregon, there were duly sub
mitted to the people of said city tit
the Annual Election duly held la
Snd for Bald city on the Slli day of
January, 1917, the following pro
posed acts of Municipal Legislation:
Klrst, entitled: "An Act to amend
the Charter of the City of Medford,
Oregon, by adding thereto Section
140, known as "The Modynski Plan,"
permitting the Council to construct
pavement under a special tax levy;
creating a pavement fund for the con
struction and maintenance of such
pavement; declaring all public pave
ment assessed heretofore by the city
against private property to he public
necessities, and assuming payment
therefor; authorizing general obliga
tion bonds; providing lor refunds of
payments heretofore made, by time
warrnnts, and payment and redemp
tion of indebtedness: providing .for a
levy for an annual special tax to pay
said bonds, warrants and Interest."
Second, entitled: "A proposed Or
dinance, known as "The Medynskl
Plan," amending and supplementing
id ordinances authorizing the Issu
nitre and sale of bonds to pay the cost
of pavement construction In said
city; to authorize the Council to is
sue mi (I sell $500,000.00 general
obligation ii'r city bonds to
pay the outstanding pavement in
debtedness; to refund, In time wnr
, rants, J70,000.00, the amount that
has been paid on the original in
debtedness; providing for the details
of making the refunds of assessments
and payment of outstanding in
debtedness, and to provide for can
cellation of pavement liens when the
said bonds shall have been sold."
And Whci'ejLS 'by Initiative petition
of the legal voters of the City of
jVIedl'ord, Oregon, and by resolution
of the city council of said city, there
was duly submitted to the people at
the Annual Election duly held In and
for said city on the 9th day of Jan
uary, 1917, the following proposed
act of Municipal Legislation:
Third, entitled: "An Act to amend
the Charter of the City of Medrord,
Oregon, by adding, thereto a new
Chapter of 21 Sections, relating to
special assessments for local improve
ments heretofore levied and assessed,
known ns "The Hanson Plun"; pro
viding for the collection thereof and
the enforcement of such liens and as
sessments; providing the manner of
foreclosure, Bale and redemption,
with penalties and interest, of prop
erty assessed for such local assess
ments; providing for the issuance
and sale of refunding bonds therefor,
the extension of time In which to re
deem such bonds, and the method
and time of their retirement."
.And Whereas, the recorder of said
city has, in my presence and in the
presence of the city council, duly can
vassed the returns of said election
and it has heen determined thereby
that the total number of votes cast at
said election was 1784; that the to
tal number of votes cast In favor of
the first of said acts of Municipal
legislation, above referred to, was
r55 and that the total number of
votes. cast against tho same was 951;'
that the total number of votes, cast
in favor of the second of said acts of
Municipal Legislation, above referred
to, was .555 and the total number of
votes cast against the same was 93S;
that the total number of votes cast
in favor of the third of said acts of
Municipal Legislation, above referred
to, was 1079 and the total number of
votes cast against tho same was 4 CO;
and it further appearing that the
third of said acts of Municipal Legis
lation received an affirmative ma
jority of all the votes cast at said
oloction, and that the first and sec
ond of the said acts of Municipal
m Legislation received a negative ma
jority of all the votes cast at said
election.
Now therefore, by virtue of the
power vested in mo as Mayor of the
City of Medford,. I, V. J. limerick, do
hereby issue this proclamation to the
neoDle of said city ancl do ncrcuy oe
clare that tho votes cast in favor of
and against each of said acts of Mil
nicipai Legislation was as above set
forth, and that tho third of said acts
of Municipal Legislation above re
ferred to. received an affirmative ma-
loritv of all the votes east at said
election, and I do hereby declare the
third of tho above acts of Municipal
Legislation to be In full force and ef
fect In said city from and after the
publication of this proclamation as
required by, law; and that tne tallow
ing is a full title and text of said Act
of tuniripal Legislation and of the
whole thereof:
CHARTER AMENDMENT.
AX ACT TO AMEND THK CHARTER
OK THK CITY OP MEDFORD, by
adding thereto a new diaper to be
, knowu as chapter 14 consisting of
sections 139 to 170 both Inclusive
relating to special assessments for
local Improvements for paving and
otherwise including sewer and
watermaln heretofore levied and
assessed, providing for tho collec
tion thereof and the enforcement of
such liens and assessments and the
Issuance and sale of refunding
bonds, therefore, to read as fol
lows:
CHAPTKIl I I
LOCAL IMPROVEMENTS
of Time foe.
Section 139. All unpaid assess
ments heretofore levied and assessed
for street Improvements ;y paving or
otherwise Including sewers and water
mains whether bonded under tlie pro
visions of the Lows of the State of
Oregon or the city charter ot tne
City of Medford, or not bonded, shall
1-iA nllef-tpfl nnri en lections OL SUCH
liens enforced as In this act provided
The City Council shall by ordinance
fix a date when all such unpaid an
sessments with interest thereon to
such date may be paid in whole or In
part, notice whereof shall be given as
herein provided. The amount of the
principal ana Interest of such assjss.
incuts remaining unpaid at the expira
tlon of such date shall constitute en
nnnaid balance which, wit'l Interest
thereon at the rate cxpresstd in the
refunding bonds In this ai t pro. men
for, shall be payable in thirteen (Li)
yoiiTS tiotn and after such ui
Ins each of the first three ;' 'J
which onlv interest upon such un
paid balance must be paid, ami dur
ing each of the last ten years u
TVhlch period thero shall lie payable
one tenth of such unpaid balance with
interest at the bond rate upon the
whole unpaid sum. In addition to
the annual payments herein required,
the option Is accorded to pay at the
time of each annual payment, one or
more tenths of the uppaid balance,
hut any such optional payment shall
be considered as payment of t lie last
maturing installment or Installments
as the case may be: Provided, that
the city council may by ordinance
provide for seml-nnuual payments of
Interest and principal.
Consolidated Lien Docket.
Section 140. That all special as
sessments mentioned in the preced
ing section shall, by ordinance be
transferred to and entered upon a
consolidated lien docket in which
shall be entered:
(a) a description of the property
assessed;
(b) the street and nature of Im
provement for which such assessment
was made and the number of the or
dinance declaring such assessment;
(c) the name of the person to
whom assessed us appearing on the
original assessment roll;
(d) the sum originally assessed
against such property;
(e) the diitc of the entry on the
original lien docket and the volume
and page thereof;
(f) the unpaid principal of such
assessment;
(g) the date from which Interest
remains unpaid upon such unpaid
principal.
Such docket shall stand thereafter
as- a consolidated lien docket, as for
taxes assessed and levied in fnvor
of tho city and the amounts of the
unpaid assessments, including inter
est therein docketed, shall be paid
and the liens thereof enforced ns in
this act provided and shall be and
remain a lien on each tot or parcel
of lnnd, or other property, respec
tively, in favor' of tho city, and such
liens shall have priority over all
other liens and Incumbrances what
soever.
'onsoliduted Improvement District
mid Fund.
Section 141. The city Council
shall by ordinance create a consoli
dated improvement district compris
ing all Improvements of streets by
paving and otherwise 'and the con-
tructlon of sewers and watermulns
heretofore mude whero any special
assessments remain unpaid, and shall
create a consolidated improvement
district fund comprising the same.
Notice of Collection of Assessment
Section' 112. Tho owner of nny
lot, tract or parcel of land charged
with any such assessments heretofore
levied and' assessed may redeem the
same from all or any portion of such
liability by paying the entire assess
ment or any portion thereof charged
against such lot or parcel of land
within fifteen (15) days after notice
to him of such assessment, which no
tice shall be given as follows: The
City Treasurer shall, as soon as the
date shall be fixed for the payment in
whole or in part of such assessments
with interest, give notice by publlea
tlqn, that the consolidated lien docket
s in his hands for collection and that
any assessment thereon with interest
to the date fixed or any portion there
of may be paid at any time during
the fifteen (In) day period ending
with said date, the dato of first publi
cation of which notice shall be at
least fifteen (15) days prior to said
date, and that thereafter tho sum re
maining'unpaid shall become due and
payable during like fifteen day pe
riods as herein provided in annual or
semi-annual payments as the case
may be.
Tho refunding bonds herein pro
vided for shall not be Issued prior to
twenty (20) days after the expira-1
tlon of the fifteen (15) days ubove
mentioned but muy be issued at any
tune thereafter. The owner of any
such lot or parcel of land bo assessed
muy redeem the same from all liabil
ity for the unpaid amount of such
assessment at any time after said
date by paying said unpaid amount
with interest thereon to the date or
the next interest payment on the
bonds issued against such consoli
dated improvement district. All sums
paid upon such assessments shall be
paid to the City Treasurer and by
him credited to the consolidated
fund.
lief muling Improvement Bonds,
Section 14.'!. The City Council
shall by ordinance authorize the Issue
of the refunding improvement bonds
of tho City in an amount equal to
tho unpaid balance of such assess
ments, existing at the expiration of
the date hereinabove provided for, in
convenient denominations not exceed
ing Five Hundred ($500) Dollars
euch; and such bonds shall by the
terms thereof bo payable on or be
fore a date not to exceed fifteen (15)
years from and after the date of such
bonds which latter date may be fixed
by resolution and be payable In their
numerical order in gold coin of the
United States and bear Interest not
to exceed six (O'i ) Per cent
per annum Interest payable semi-an
nually or annually, said Interest to be
evidenced by coupons attached to said
bonds: Provided, the right to take
up and cancel such bond or bonds
upon the payment of the face value
thereof, with accrued interest to the
date of payment at any coupon pe
riod at or after one (1) year from
the date of such bond or bonds, shall
be. and hereby is vested in said city
Notice, that certain bonds shall be
taken up and cancelled as aforesaid
and that the interest thereon shall
cease nt the period next following,
shall be published once in a news
paper printed and published and or
general circulation in the city at least
ten (10) days preceding such period
and shall state that bonds :o
(giving tho serial number or nutn
hers of the bonds called) will bo paid
on the dav tho next interest coupons
on said bonds shall become due and
Interest upon such bonds shall cease
on such date. Such bonds before Is
suance shall bo signed by the Mayor
and countersigned by the Treasurer
in H aiiixTnH hv the Recorder of the
Cltv. and authenticated by the seal j the amount paid therefor, the name
of the cltv attached thereto and shall! of the purchaser, that It was sold for
be registered consecutively by the ; the assessment, giving the names of
said Recorder hv number and dcnoml- the streets, or other brief desUM.i
nation of each In the "hiinrovcment Hon of the Improvement for w hich
Uond Register." 1:-.e Cltv Council j the assessment w as mnde, and
may bv ordinance make other or fur-1 specifying that the purchaser will be
ther provision for the registration of entitled to a deed two years from the
..i..i,,.i n,- r.f nrineiunl and int crest date ot sale, unless redemption there
of .such homis. Each of such bonds
snau imve iim..,,,
indicated on the
faco thereof the registered number:
r.f said bond and the words 'Refund-:
in
Improvement llond 1917" with
the name of the City of Medford. The
City Council shall provide for the salo
of such bonds for not less than pari
and accrued interest; the proceeds
thereof shall be paid by tho purchaser
to the City Treasurer and shall be
applied to the redemption and pay
ment of the outstanding and unpaid
City of Medford Improvement Bonds
and Warrants for paving, sewers, and
water mains, and to tho redemption
and payment of coupons ot such
bonds held by the city anil represent
ing moneys advanced by it from tuxes
and otherwise from its various funds
by way of loans to meet, from time to
time, muturlng Interest payments In
bond fund districts hereinbefore con
solidated. Each bond shall provide that the
principal sum therein named and the
Interest thereon shall be payable out
of such consolidated Improvement
fund. Such bonds shall be a charge
upon the property subject to such as
sessments and the amount of the
bonds so issued shall not be deemed
or taken to be within or any part of
the limitation by law as to Indebted
ness of said city as provided in sec
tion 72 of this charter. Whenever
thero shall be sufficient money in
Buch fund over and above sufficient
for the payment of Interest on all
such unpaid bonds to pay the princi
pal of one or more bonds, the treas
urer shull call in and pay such bonds.
Installment. Payments, Interest, Pen
alty.
Section 14 4. Annual or semi-an
nual installments, or interest pay
ments, which shull remain unpaid at
the expiration of the time fixed for
such respective payments shall there
upon become delinquent, and shall
bear a penalty of five (5i) per cen
tum upon the amount or such delin
quency, in addition at the bond rate
upon the principal sum so delinquent.
Kor such purposo, if any interest pay
ment during the first three years as
herein provided, shall becoino delin
quent, It shall be subject to such pen
alty and Interest upon tho sum so de
linquent. Interest and penalty shall
bo Included In, and shull be a part of
the assessment Hen.
Upon the expiration of the time
fixed for annual or semi-annual pay
ments, the Treasurer shall make re
turn to the Recorder of the Bums
paid and upon what property and of
the sums unpaid. The Recorder shall
thereupon Issue his warrant In form
approved by the City Attorney to the
City Treasurer commanding him to
soil all property bo delinquent for the
amount of such delinquency, witu
penalties, interest uud costs as In this
act provided.
Sales for Delinquent Assessments,
Section 145. Thirty (30) days
after any such annual or semi-annual
Installment or payment shall have be
come delinquent, tho City Treasurer
shall proceed to sell the property de
scribed on said consolidated lien
docket so delinquent and unpaid, for
the amount ot Buch delinquency to
gether with penalty and interest ac
cruing to date of sale, and for the
costs of such sale. He shall execute
and deliver certificates of sale to the
purchasers, and assessment deeds to
the persons thereunto entitled
The Treasurer shall give notice of
such sales bv publication. Such no
tice shall contain a list of all prop
erty upon which such assessments are
elinnuent. with the amount of the as
sessments, interests, penalties and
costs, to date of sale, together with
the names of the owners of such prop
erty, or the words "Unknown Own
ers.' as the samo may appear upon
said consolidated docket, and shull
specify the time and place of sale, and
that the property therein described
will be sold to satisfy the assess-
ments, interests, penalties and costs,
due upon the same. All such sales
shall be made between the hours of
ten o'clock a. m. and four o clock p
and shall take place at the front
door of the building In -which the
City Council holds Us sessions. Such
sale shall he continued from day to
day. omitting Sundays and legal holi
days, until ull the property nescrtueu
in said consolidated lien docket on
which any such assessment, or In
stallment thereof. Is delinquent and
unpaid is sold. All such sales shall
be public, and each lot, tract or par
eel ot land, shall be sold separately
and In the order In which the name
appears upon the consolidated lien
docket commencing at the beginning
thereof.
All lots, tracts and parcels of land
sold for delinquent and unpaid local
assessments, shall be sold to tho first
person at such stile offering to pay
the amount due on each such lot,
tract or parcel of land. If there be no
bidder for any lot, tract or parcel of
land, for a sum sufticient to pr.y tne
delinquent and unpaid assessment
thereon or Installment thereo with
interest, penalty and costs, the treas
urer shall strike the same off to the
city for the whole amount which he
Is required to collect by such sale. If
unv bidder to whom any property is
stricken off at such sale does not pay
the assessment, interest, penalty 'and
costs before ten o'clock a. m. of the
day following the day of such sale,
such property must then be resold
or If the assessment sale is closed be
deemed to have been sold to the city
and n certificate of sale shall bo Is
sued to the city therefor.
Hctnm of Sale.
Section 140. Within fifteen (15)
dnys after the completion of the sale
of all property so authorized to be
sold as aforesaid, the Treasurer
must make return to the Recorder by
whom the warrant was issued .f
such sale, with a statement of his
action thereon, showing all the prop
erty sold by him, to whom sold and
the sum paid therefor.
Cert If lcnl. of Sale.
Section 117. After receiving the
amount of tho assessment, penalty
interest, costs and charges. The Treas
urer shall make, out a certificate
dated on the day . of sale, stating
(when known) the name of the own
er as given on the consolidated lien
docket, a description of the land sold
of be made. Such certificate shall
ne signed ly uie I reasurer ami snuu
- .V." ' ;.. .L 1.
"e nemereu 10 me pincn.in.-r, wiu;mi) unun o - - -
shall be by such purchaser recorded ; showing that such service was made,
n tue onice oi tue t-ouuiy uecoruer
within thirty C10) days from tho
date thereof. If not recorded within
said time, the lien thereof shall be
postponed to claims of subsequent
purchasers and incumbrancers for
value and In good faith who become
such while the same Is vnrecordrd.
The City Recorder shall be tne cus
todian of all certificate foi properly
sold to the city and shall at any time
within two years from the dHte of
such certificate, and before re-demotion
of the property therein describ
ed, sell and transfer any such certifi
cate to any person who will present to
him the Treasurers receipt evlilencin;
payment to the Treusurer of the
amount for which the properly there
in described was stricken off to the
sanio redeemed, with the date of such
on, and such Recorder, muy. It so nu
thorlced by the council, sell and trans
fer any such certificate In like manner
after tho expiration of such period of
t
wo years from the date of certificate.
Liability of Treasurer.
Section 1-IS. If the treasurer shall
recelvq any moneys for assessments,
giving a receipt therefor, for any prop
erty and afterward return tho sumo as
unpaid, or shall receive the same after
making such return, and the Bume be
sold for assessment which has been ho
pal-l and receipted for by h(useif, his
e'eit or deputy, he and his biud Oiall
bo liable to tho holder of tho ceriili-
ate given to tho purchased at the sale
for tho amount of the face of the cer
tificate, ond legal interest to bo de
manded within two yea'-s from the
te of sale and recovered 'u nny court
lir-vlng jurisdiction of the amount, and
ho city shall In no case bo liable to
holder of such certificate,
ltoeord of Payment.
Section 149. Whenever before the
sale of any property the amount of any
assessment tliereou, with interest, pen
a.ty, costs and charges accrued there
on. shall be paid to the treasurer, he
shall thereon mark the same paid, with
the date ol payment thereof on the
consolidated lien docket, and when
ever nfter tho sale of nny property
for any assessment the same shall lie
edeemed, ho shall thereupon enter the
same redeemed with tho date :if such
redemption on Buch record. Such
records shall be made, on tho margin
cf the record opposilo tho description
of such proporty.
Proierty Held in Trust.
Section 150. Whenever the prop
erty shall be bid in by the city or be
stricken off to the city under and by
virtue of any proceeding or pro
ceedings provided In this act sold
property shall be held In trust by Bald
city for said fund to tiie oxtent of the
amount of tho assessment or Install
ment for which said property was sold,
with penalty, accrued interest, and In
terest on said Installment to time of
next cull for lionds or warrants: Pro
vided, however, auch city muy at any
time after Hie procuring of a deed pay
into such fund the amount of the do
linquent assessment for which said
property was Hold and all accrued in
terest and interest to tho time of the
next call for bonds issued against such
fund at such bond rate, and thereupon
shall take and hold snld property dis
charged of such truBt.
Sale of Property Hold In Trust
Section 151. The city may at any
time after tho period of redemption
has expired and deedK lHsued tu said
city under and by tii'.uo ot nny pro
ceedings 'mentioned' in this act, sell
any such proporty at public unction to
the highest bidder toi cash, but no bu
shall be accepted for any amount less
than the amount set forth In said deed
plus accrued Interest to dato of sale.
computed on the assessment for which
said property was sold from the dnte of
the execution of snld deed, and all tho
delinquent assessments and taxes that
may stand against said property with
accrued interest thereon, penalties.
costs nnd other charges, and the Bald
city shall pay Into snid fund for which
said property was held In trust
much thereof as shall fully cancel the
assessment for which Bald property
was sold, together with ull interest
thereon.
Any such sale shall be had only upon
notice by publication setting forth a
description of the property to he sold
that the city Treasurer will sell such
property on the day specified at the
front door of the building In which the
city council holds Its sessions, between
he hours of ten o clock a. and
four o'clock p. m. and continue such
sale from day to dav, or withdraw
such property from sale nfter the first
day If the treasurer In his discretion
deems that the Interests of the city so
nwuiro: Provided, that at least flf
teen days shall elr.pse between the
date of lust publication of such notice
and the day such property Is sold.
Itcdcmption nnd Deed.
Section 152. Any properly so sold
for nn assessment shall be subject to
redemption by the former owner, or
his grantee, mortgagee, heir, or other
representative at any time within two
years from the date of the sale upon
the payment to the treasurer for the
purchaser of the amount for which the
same was sold, with Interest nt the
rate of fifteen 115',;) per cent per an
num, together with nil taxe3 and spec
ial assessments, Interest, penalties,
costs and other charges thereon paid
by the purchaser of such property at
or since such sale, w'lth like Interest
thereon. Unless written notice of
taxes nnd assessments subsequently
paid, and the amount thereof, Hliall be
deposited with the city treasurer, re
demption may be made without Includ
ing the same. On any such redemp
tion lieing made, the treasurer shall
give to tne redemplloner a certificate
of redemption therefor, and puy over
the amount bo received lo the pur
chaser of the certificate of sale or his
assigns. Should no redemption be
made within said period of two years
the treasurer shall, on demand of the
purchaser or his assigns, and the sur
render to him of the ccrtlflcato of sale,
execute to such purchaser or his as
signs, a deed for the property therein
described: Provided, that no such
deed shall be executed until the holder
of Buch certificate of sale shall, ac
cording to the record In the office of
the County Recorder, have notified the
owners of such proieriy Hint he holds
such certificate, and that lu will de
mand a deed th.er.-rnr. Said notice shall
bo given by personal service upon wild
owners: Provided, that In case
said parties are lion-resltiontH of the
state or cannot be found therein after
diligent search, then r.icn notice may
be given by publication once a week
for three successive weeks. Such no
tice and return thereof, with tho affi
davit of the person, or in case of th
i..imlnirmnl ilmi
suuu u in .i - -
notwithstanding such notice, no re
demption be made within sixty days
utter the date of service, or the date
of first publication of such notice, the
holder of such certificate ot sale shall
be entitled to a deed thereon. Such
deed shall be executed only for the
property described In the certificate,
and after payment or all dellnoueut
taxes and siiecial assessments there-
on, or Installments thercur, the cer
ttricates or delinquency or other cer
tificates issued for npeciul or local as
sessments, whether the same were
levied, assessed or Issued prior or Sub
sequent to the issuance of said certlfl
cato of sale: Provided, that any such
deed may be Issued to the city for the
faco amount for which said certificate
of sale was issued, plus accrued in
terest, costs, penalties and charges, and
shall be held by the city subject to the
liens of general taxes and special as
sessments. The deed shall be executed in the
name of the city; shall recite In sub-
stnnco the matters contained In the
certificate of sale, the notice to the
owner, and that no redemption has
been mudo of tho property within the
time allowed by law. Tho deed shall
he signed and acknowledged by the
City Treasurer, as such, and shall be
prima facto evidence that tho property
was assessed according to and ns re
quired by lnw; that the assessment
was not paid; that the property was
sold as required by law; that it was not
redeemed; that due notice of demand
for deed had been given, nnd that the
person executing the deed was the
proper olflcer: and the deed shall be
conclusive evidence of the regularity
or an other proceedings rrom tho as
sessment, up to and including the exe
cution of tho deed, and Bhall convey
the entire fee simple title to the prop
orty therein described, except as other
wise provided herein for the city,
stripped of all liens and claims except
tuxes and assessments for local Im
provements or Installments thereof,
not delinquent.
Such deed, at the expiration of one
year from Its Issuance, shall lu ull re
spects become absolute, and no suII-h
of any kind or charucter shall be main
tained or shall set aside or annul the
sale of said properly for said lien. In
case any snlo of property shall be va
cated or set aside or declared void by
any court within the time herein limit
ed, because of any Irregularity or de
fect in the proceeding leading up to the
levying of the assessment, whereon
same is based, or lu the collection
thereof, or the proceedings leading up
to the sale of said property the city
shall, upun the application in writing
setting rorth snld facts with n certi
fied copy of Huch Judgment or decree
attached thereto, repay to tho pur
chaser at said Bale, or his assigns, the
amount paid by him at said sale, to
gether with all special assessments,
Interests, penalties, and costs thereon
paid by him at or since such sale with
Interest there on at tho rate of six
(6) per centum per annum.
The City Treasurer snail ennrge lor
the Issuance of each certificate of sale
the sum of fifty centu; for each deed
tho sum of one dollar.
Foreclosure.
Section 153. Tho City may proceed
with the collection or enforcement of
any delinquent assessment, or delln-
intent Installment, whether the same
become a Men after this act shall bo
come - effective, or 'prior thereto, by
proceedings In court therefor In nn no-
tlon brought lu its own name In the
Circuit Court of Jackson County. It
shall not ho necessary to bring a sepa
rate suit lor each such separate piece
or parcel of property delinquent, but
nil or nny part of the pnierty
delinquent may he proceeded against
in .he same action and all or
nny of the owners or persons
Interested In any of the property
so delinquent mny bo Joined ns parties
defendant lu the action to foreclose,
and all or any Hens for such delin
quent assessments or Installments
thereof, may be foreclosed In such pro
ceeding. Such proceedings shall be
tried before the court, without a jury.
In any Bitch procoodlngB It shall be
sufficient to allege the passage of the
ordinance providing such improvement,
the making of such improvement, the
levying of tho assessment, the con
firmation thereof, the dato of delin
quency of such assessment or install
ment, and that Buch assessment was
not paid prior to such delinquency or
at all. Such lien docket and confirma
tory order, or duly authenticated cop
ies thereof, Bhall ho prima fuclo evi
dence of the regularity and legality of
tho proceedings connected therewith,
and I ho burden of proof shall be on the
durenduuts. In any such action whero
the owners or nartleB interested In any
pnrtlculur'lot, tract or parcel of land or
other property included In such suit
shall suffer n default, the court may
enter judgment of foreclosure and sale
as to such parties anil property so lu
default and order execution thereon,
and the action may proceed as to the
remaining clefcmlunls nnd properly.
'1 he Judgment of the court, shall specify
separately the ainoim: of the assess
ment, or Installment thereof, with in
terest, penarty. and costs, chargeable
to (he several lots, tracts and parcels
or land In such prurei 'litms. buch
judgment ahnll have the cfrect or a
separate Judgment as to eacn lot
tract, or parcel of hind, described In
such judgment, and any .appeal Ironi
such Judgment shall not Invalidate or
delay the judgment except as to tne
pro)erty concerning w-.iich the appeal
is taken. In entering Judgment the
court shall decree that such lots, tracts
or parcels of land be sold to enforce
such judgment, and execution shall
Issue for the enforcement or such de
cree. Judgment may lie entered as to
any one or more separate lots, tracts,
or parcels of lnnd Involved In such
proceedings and the court may retnln
lurisdlclion of the case as to the bal
ance. All proceedings supplemental
to Judgment, Including appeal, order
of sulo, aslc period of redemption and
the Issuance of deed shall be had and
conducted In accordunco with the lnw,
now or hereafter in force, relating to
property Bold unuer or upun lureuiua-
ure oi real estate ihuhhuk' h.
Lion of Pnrrmwr.
Section 154. The purchaser nt any
sale authorized in this act acquires a
lieu on the properties so bid In by him
tor the amount pa: hy him at such
sale as well us for all taxes and de
lluqueut assessments, or delinquent in
stallments thereof, and certificates of
delinquency, and all Interest, penalties,
costs mid charges thereon whether
levied previously or subsequently to
such sale, and whe'her for Mate, coun
ty, city, or school district purposes,
subsequently paid by him on such prop
erty, and shall be entitled to Interest
at the rate of fifteen (15) per cent!
per annum on the original amount paid
by him from the date of sulci sale, and
upon such subsequent payments from
the date of the payment of the re
spective amounts.
Local Assessments to Ue Included In
Certificates of Delinquency for
(.cneriil Taxes,
Section 155. The holder of any cer
tificate of. delinquency for general
taxes shall, before commencing any ac
tion to foreclose the lieu of such cer
tificate puy lu full ull local assess
ments or lustullments thereof out
standing ngninst the whole or any por
tion of tho property Included In such
certificate of delinquency, or, he may
elect to proceed to ncaulro title to such
property subject to certain or all local
assessments as liens thereon, In which
case tho complaint, decree of foreclos
ure, order of sale, sale, certificate of
sale nnd deed shall so state. If Biich
holder sl'ull pay such local assess
ments, he shall be entitled to fifteen
115) per cent Interest per annum on
the amount of tho delinquent assess
ments or delinquent installments there
of bo paid, from date of payment.
lu any suit lo forecloso any lien for
general taxes upon any property a copy
of the complaint bhull be served on
the treasurer of tho city within five
days nfter such complaint Is fllud. In
any case whero any property shnll be
struck oft to or bid In by the county
at nny sale for general tuxes, mid
such property shnll subsequently be
sold by the county, the proceeds of
such sale shall first be applied to dis
charge in full the lien or liens for gen
eral taxes for which the same was
sold, ar.d the remainder, or such tKr
Hon thereof ns may be necessnry, shall
be paid to the city to discharge all lo
cal assessment liens urnm such prop
erty, and tho surplus, if nny, shall be
distributed among the proper county
funds.
IteUSSOKKIllCllt.S,
Section 15(1. Whenever heretofore
or hereafter the council has caused or
may cause, any street or alley to be
Improved, or has caused any sewer or
wutormalu to bo laid nnd has, or may
hereafter nssoss or nltempt to assess
upon the property udjnccnt thereto or
benefitted thereby tho cost ot buch
Improvement, and said assessment by
reason of any railuro to give any
requisite notice or by reason of nny
other defect In the proceedings lenu
lug mi to tho making of such lm
provement or tho levying of Mich us
aessment shall bo declared .to be void
by any court, or If the council shall
be of the opinion that suld assessment
Is Illegal or doubtful by reason ot any
such omission or defect, said council
mav cause the cost of said Improve
ment to bo re-assessed against the
nrotierty adjacent to said Improvement
o rbcneflted thereby, In tho following
manner:
Tho council shall dcclaro by rcso
lutioii its intentions to make such re
assessment, which resolution shall
briefly describe tho Improvement, and
shull declare the Intention or the conn
ell to assess the couv thereof upon the
property adjacent lo said improvement.
or benefitted thereby, describing In
snld resolution euch parcel of prop
ertv which It intends so to re-assess
and the amount It pioimsoh to assesB
uguinst each parcel. Snld resolution
shall fix I ho time and place for holding
a meeting or the counou nt which an
protests against re-ansosslng the costs
of said Improvement against adjneont
nroportv. or proporty benefited thorc-
by, shall bo heard, sum resolution
shall be published, the dato of tho first
publication of which Bhall bo at least
ten days before tho date or said near-
lug.
At Bald hearing tho council Bhnll con
slder all protests against the levying
of such assessment, and If after con
slderlng the matter the council, shull
determine that the property adjneent
to Bnld Improvomont or any other prop
erty has been specially benentca
thereby, it may cause tho cost of Bald
Improvement to be assessed against
said adjacent property, or otner prop
erty especially benefited by snld im
provement to the extent of the special
benefit so received by said property
therefrom: Provided, however, that
no parcel of property shall be so as
sessed unless the sumo huH been de
scribed in the notlco of Intention to
make reassessment above provided for,
and no parcel of property shall bo as
sessed for a greater amount thun the
amount designated therefor In snid no
tice. In determining tho property to
bo assessed and the amount to ho ns
sussed ngninst each vurcel of property
the provisions of tho charter and or
dinance for making nn original assess
nient shall bo followed by the councl
in mukiug such reassessment
The council shall have the right, t
assess any puree! of property for said
Improvement notwithstanding the sumo
niuv not have been assessed lu tne
original assessment proceeding, lu case
the council rind said property spec
ially benefited by said iinproveinen
and the provisions of the charter re
luting I hereto otherwise gives tile conn
ell power to assess said property. 1
making snld reassessment the eniinc
shnll distribute the cost of snid lm
provement between the various parcel
adjacent thereto or benefitted Ihoreb;
lu proportion to the benefits receiver
or tlie frontage of (he properly on sat
Improvement, ns the case may be, as
sesslng no parcel any greater anioiin
than the actual benefit received by
from said improvement, but tho coun
ell snail enter no assessment, against
any parcel of proiwrty which has been
previously assessed anil wnicn assesB
ment has been tiald. Any existing ns
sessments so re-assessed shnll be
marked "Cancelled by Reassessment."
Snld reassessment shall be declared by
ordinance and em -in In the city Hen
docket and collected in the siinic man
ner as the original assessments shall be
collected under the provision of this
chnrtnr nnd the ordinances of tho city.
(hillimneeH Hint TtnuoHllloln.
Section 157. Tho city council Bhnll
pass ull ordinances and resolutions
necessnry and proper to carry out the
provisions of thin uct. .
Validation
of lioral Improvement
As!MV.mrtitiH
Section 158. Whenever tho city
council has mnde, or Bholl hereafter
make nny assessment against prop
erty for nny local rm.irnvement nil
thorl.cd by law and this charter and
has in making such assessment, acted
in good faith and without fraud or
shall hereafter net In good faith and
without traud, tho said assessment
shall be valid and enforceable as such
and a lien upon the proporty upon
which the same purports to be a Hen:
and all assessments heretofore or here
after made by the city authorities In
good faith and without fiuud are here.
by declared to he valid and In full
force anil eirect, ami to tie coiiecnnie
In tho mutiner which Is now or may
bcreafter he provided by law and this
charter.
Assessments Paid by Joint Owner.
Section 159. Whenever any local as
sessment, or Installment thereof, shall
be paid, or any certlttcnte or sale
therefor be redeemed, or any Judgment
thorefor be paid by any Joint owner of
any proiiorty assessed for any local
Improvement, such Joint owner may.
Iter deinund and refusal, by an action
brought In the circuit court, recover
roui euch of his co-owners the respec
tive umounts of such payment which
each such co-owner should bear, with
Intorest thereon nt ten (10) per cent
per annum from the duto of such pay
ments, and costs ot the action, and the
Joint owner malting such payment shall
have a lien tberetor upon the umli-
Ided interests of his co-owners In and
to such property from date of such pay
ment.
tHty Mny l'urcliuM- at Tax Sale.
Section ISO. Whenever nny prop
erty situate In the city shall be ot
tered lor Bale for genorul taxes, the
city shall have tho iower to protect
the Hen or Hons or any local ussess
ments outstanding against the whole
or nny portion or such proiiorty ny
purchase or otherwise.
Act Itejienled,
Section llil. All nets and parts of
nets both Bluto luw and City charter
In conflict herewith nro hereby re
pealed; and nil nets or parts of acts.
either general or special In conflict
herewith, are hereby repealed ln-so-fur
ns (hey conflict herewith or restrict
tho 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 ro-
nacted In lorin or substance In this
act shall not be construed ns new
enactments, but as continuations and
amendments of such acts or putts of
acts.
Publication.
Section 1(12. When this act requires
notice by publication, Biich notice shall
be published once In a newspaper pub
lished In said cltv and of general cir
culation therein, except as oOicrwIso
in this act provided.
Notice to lie Stalled.
Section 103. in nil cases of assess
ments or Installments thereof becom
ing duo nnd payublu tho city treasurer
shall mull to the owner of the property
assessed a copy of the notice required
to be published when tho post office
nddress oi such owner In known, uud
failure to mall the sumo shall not bo
fatal whun publication is mndo.
Assessment. lnlil In Kiror.
Section 104. Whenever, through er
ror or lnndvordnuce, any poison shall
pay any local assessment, or Install
ment thereof, upon the lands of an
other, such payor, may, aftor demand
and refusal, by an action In the Circuit
Court, recover from the owner of such
Inncls the amount so paid, and coBta of
tho action.
Now Paving Base! on Petition Only.
Section 1(15. After this act shall be
come effective, tho city council shall
not havo power to levy special assess
ments for paving hereaflor to bo made
except upon petition slgnetl by tho
owners, according to the recordB In tho
offlco of the county recorder, of prop
erly to an aggregate amount or n ma
jority of the lineal frontage upon the
Improvement to ho made nnd .of tho
area within tho limits of tho assess
ment district to he created therefor.
Acts to lie Liliorally Construed. .
Section 100. The rule that statntos
In dcrogntlon of tho common law are
to be strictly construed Bhnll have no
application to this act, but the same
shall be liberally construed for the
purpose of carrying out the objects for
which this act Is Intended. .
Dlschurge of Liens.
Section 107. Entries of payments
of assessments and of Installments, In
terest and costs made under the pro
visions of this net shall bo made In
the consolidated Hen docket aforesaid
as the same shall be received, with the
dato thereof, and Btich payments mude
and 'entered lu said consolidtitcd lien
docket shall bo and operato as a dis
charge of such Hen, to the amount of
such pnyuient, and from tho date there
of. Enforcement of Subsequent I.lens
Author! .ed.
Section HIS. The enforcement of the
Hen of uny Installment or interoHt pay-,
ment by any method herein authorized
shall not prevent tho .enforcement of
tho lien of any subsequent Installment
or interest payment by uny method
herein authorized when the same shall
become delinquent.
Pending; Proceedings.
Section 109. If any proceedings
shall be pending for the enforcement
or the den or Hens or any delinquent
assessment or assessments for paving,
sewers, or watermuius at the time this
act becomes effective the city may pro
ceed with the enforcement of any Huch
Hen or liens under the provisions of
law and the city cnarter nnd ordi
nunces of said city existing at tho
time of the taking effect of this act.
OiitMjiuilliur fcrtificntcs of Sitl-.'.
Section 170. The holder or holders
of any outstanding certificate of sulo
heretofore Issued for special assess
ments for paving, sewers, or water
mains may proceed with the enforce
ment of the Hens of such special nssecs
ments under the provisions of luw and
the city charter and ordinances of
said city existing at the date this act
becomes elective.
Dated at Medrord, Oregon, this
12th day of .lanuarv, 1917.
(Signed) V. J. EMKRICK,
Attest: Mavor.
(Signed) E. T. TOSS,
t Senl I Recorder.-
WESTON'S
Camera Shop
208 East Main Street,
Medford j
The Only Exclusive
Commercial Photographer
in Southern Oregon.
Negatives Made any timo or
place by appointment.
Plione 1-17-J.
We'll do the rest.
E."D. WESTON, Prop.