medfotcq matt; TTCTftdNrrc, MEDFcmn, oiiEcoy. moday. .taxitaty i.-.
101"
PACE ETVTC '
PROCLAMATION
WhemiK, by initiative petition of
the legal voters of the City of Med
ford, Oregon, ther- were dulv sub
mitted to the people of said city at
the - Annual Klection dulv held in
and tor suid city on the Uth dav gf
January, 111 1 7, the following pro
posed acts of .Municipal Legislation:
First, entitled: "An Act to amend
the Charter of the City of Medford.
Oregon, by adding thereto Section
140, known as "The Medynski Plan,"
permitting tiie Council to construct
pavement under a special tax levy;
creating a pavement fund for the con
struction und maintenance of such
pavement; declaring all public pave
ment assessed heretofore by the city
against private property to'be puhlic
necessities, and assuming payment
therefor; authorizing general obliga
tion bonds: providing for refunds of
pnyments heretofore made, hy time
warrants, and payment und 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
all ordinances authorizing the issu
ance and sale of bonds to pay the cost
of pavement construction in said
city; to authorize the Council to is
sue and sell $5Gu. 000.00 general
obligation oA city bonds to
pay the outstanding pavement in
debtedness; to refund, in tiino war
rants, $370,000.00, the amount that
has been paid on the original in-1
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 Whereas, by initiative petition
of the legal voters of the City of,
Medford, Oregon, and 'by resolution!
or tiie city council of said city, theroi
was duly submitted to the people at;
the Annual Election duly held in and,
for said city on tiie 9th day of Jan-!
uary, litl7, the following proposed1
act of Municipal Legislation: 1
Third, entitled; "An Act to amend
the Charter of the City of Medford.
Oregon, by adding thereto a new
Chapter of 21 Sections, relating to
special assessments for local improve
ments heretofore levied and assessed,
known as "The Hanson Plan"; pro
viding for the collection thereof and
the enforcement of such liens and as
sessments; providing the manner of
foreclosure, sale 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 been 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
655 and that the total number of
votes cast against the same waa 9ol;
t 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 JioS;
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 the same was 4G6;
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
election, and that the first and sec
ond of the said ants of Municipal
legislation received a negative ma
jority of all the votes cast at said
election.
Xow therefore, by virtue of the
power and authority vested in
mo as Mayor of the City of
Medford, Oregon, 1, V. J. Emerick, do
hereby issue this proclamation to the
people ot said city and do herony de
clare that the votes cast in favor of
and against each of said acts of Mu
nicipal Legislation was as abose set
forth, and that the third of said acts
of Municipal Legislation above re
ferred to received an affirmative ma
jority of all the votes cast at said
election, and I do hereby declare the
third of the above acts of Municipal
Legislation to be in full force and ef
fect in said city from ami utter the
publication of this proclamation as
required bv law; and that the follow
ing is a full titlo and text of said Act
of Municipal Legislation and or the
whole thereof:
" CHARTER AMENDMENT.
AN ACT TO AMEND THE CHARTER
OF THE CITY OF MKHKORD, by
adding thereto a new chaper to be
known as chapter 11 consisting of
sections 139 to 170 botii inclusive
relating to special assessments for
local improvements for paving and
9 otherwise including sewer and
watermnin heretofore levied and
assessed, providing for the collec
tion thereof and the ett'orcement of
such liens and assessments and the
issuance nnd sale of refunding
bonds, therefore, to read as fol
lows:
CIMPTKU 1 i
LOCAL IMPROVEMENTS
Payments of A.ssments, Extension
of Time for.
Section 1 .19. All unpaid assess
ments Heretofore levied and assessed
for street Improvements by paving or
otherwise including sewers and water-
mains whether bonded under the pro-
uslons of the Laws of the State of
Oregon or the city charter of the
City of Medford, or not bonded, shall
he collected and collections of such
liens enforced as in this act provided
The City Council shall by ordinance
a fix a date when nil such unpaid as
1 sessmenta with Interest thereon to
such date may he paid in whole or hi
part, notice whereof shall be giver, a?
herein provide!. The amount of the
principal and interest of such assess
ments remaining unpaid at the expira
tion of such date Fhall continue 11 n
unpaid ralonce which, with infreiit
thereon at the rate exprev.st l in the
refunding bonds in this act provided
for, shall be payable in thirteen il'-H
.vo:rs Vein and after such di.-' dur
acn of th first three "T
which only in'erest upon such un
paid balance nui-l be. paid, and dur
ing each of the last ten years ui
which period there minll be payable I
one tenth of such i unpaid balance with)
"V ' "1 Ul uoim ruu! UIH)U uw
uiioie unpaid sum. In addition to ,
the annual payments herein required,
me opuon is accorued to pav at the
time of each annual payment, one or i
more tenths of the unpaid balance,
hut any such optional payment shall
be considered as payment of the last
maturing installment or installments
ns the case may be: Provided, that
the city council may by ordinance
provide for semi-annual payments of
interest and principal.
Consolidated Men 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 as appearing on the
original assessment roll;
(dj the sum originally assessed
against such property;
(c the date 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 favor
of the city and the amounts of the
unpaid assessments, including inter
est therein docketed, shall bo paid
and the liens thereof enforced ns in
this act provided and shall bo and
remain a lien on each lot or parcel
of land, or other property, respec
tively, in favor of the city, and such
liens shall have priority over all
other Heps and incumbrances what
soever. Consolidated Improvement District
nnd Fund.
Section 14 1. The city Council
shall by ordinance create a consoli
dated improvement district compris
ing all Improvements of streets by
pnving and otherwise and the con
struction of sewers and watermnins
heretofore made where any special
assessments remain unpaid, and shall
create a consolidated improvement
district fund comprising the same.
Xtitlcc of t'-ollot'tlon of Assessment.
Section 3 42. The owner of any
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
llahility 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 part1 of such assessments
with interest, give notice by publica
tion, that the consolidated Hen docket
is 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 (15) day period ending
with said date, the date of first publi
cation of which notice shall be at
least fifteen (15) days prior to said
date, and that thereafter the 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,
The refunding bonds herein pro -
muTvi iui anu.il nui uc maucu. fi iui i
twenty (20) days after tho expira
tion of the fifteen (15) days above
mentioned but may be issued at any
time thereafter. The owner of any
such lot or parcel of land so assessed
may 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 of
tho next interest payment on the
bonds issued against such consoli
dated improvement district. All sums
paid upon such assessments shall be
paid to tho City Treasurer and by
him credited to tho consolidated
fund.
Refunding Improvement Ilonds.
Section 1411. The City Council
shall by ordinance authorize the issue
of the refunding improvement bonds
of the City in an amount equal to
the 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) Hollars
each; aud such bonds shall by the
terms thereof be payable on or he
fore a date not to exceed fifteen (K)
years from and alter 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
I'nited States and bear interest not
to exceed six (ti'X) per cent
per annum interest payable semi-annually
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 1 year from
the date of such liond or bonds, shall
be, and hereby is vested in said city.
Notice, that certain bonds shall he
taken up and cancelled as aforesaid
and that the interest thereon shall
cease at the period next following,
shall be published once in a news
paper printed nnd published and of
general circulation in the city at least
ten (10) days precerirnc, such period
and shall state that bonds .No,
(giving the serial number or num
bers of the bonds called) will be paid
on tho day the next interest coupons
on said bonds shall become due and
Interest upon such bonds shall cease jurer shall make out a certificate,
on such date. Such bonds before is- dated on the day of sale, stating
sunnce shall bo signed by the Mayor (when known! the name of the own
and countersigned by the Treasurer icr as given on the consolidated Hen
and attested by the Recorder of the docket, a description of the land sold,
City, and nuthen;ieated by the seal; tiie amount paid therefor, the name
of the city attached thereto and shall
!; n'KHi'Jic'i iwiiBt-i urn -j " j in-
aid Hecorder by number nnd denoml -
nation of each in the 'Improvement
Hond Register." Iz-.e City Council the assessment was made, and state or cannot be found therein after
may by ordinance make other or fur-; specifying that the purchaser will Ik; ! diligent search, then nca notice may
thT provision for the registration of entitled to a d' 'd two years from the be given by publication once a we k
principal or of principal and interest date of sale, unless redemption there- for three successive weeks. Such no
of urh bonds. Kach of six h bonds of be made. Such certificate shall i tire and return thereof, with the affi
shall have plainly indicated on the be sinned by the Treasurer and shall davit of the person, or In casi of the
face thereof the registered number, be delivered to the purchaser, and city ofthe recorder, claiming such deed
uf Raid bond and the words " Refund-' shall he by such purchaser recorded showing that such service was made,
ing Improvement Uoud 11)17" with in the office of the County Recorder 1 shall bo filed with tho Ueauter, It,
the name of the City of Medrord. The within thirty C30) dav8 from the
City Council shall provide for the salo'dato thereof. If not recorded within I
01 "O'l'ls for not less than par
and accrued interest; th proceeds
thereof shall bo paid by the purchaser I
to the City Treasurer and shall be
applied to the redemption and
ment of the outstanding and unpaid)
City of Medford Improvement bonds j
and Warrants for paving, sewers, a .id '
water mains, and to the redemption
and payment of coupons of such
honds held by the city and represent-j
Ing moneys advanced by It from taxes1
and otherwiso from its various funds'
by way of lea us to meet, from time to,
time, maturing 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
there shall be sufficient money in
such fund over and above sufficient
for the payment of interest on all
such unpaid bonds to pay the prinei-
jpal of one or more bonds, the treas
urer snati can in anu pay sucn uonus.
Installment Payments, Interest, Pen
alty. Section 14 4. Annual or semi-annual
installments, or Interest pay
ments, which shall remain unpaid at
the expiration of tho time fixed for
such respective payments shall there
upon become delinquent, and shall
bear a penalty of five i'i'c) per cen
tum upon the amount of such delin
quency, in addition at the bond rate
upon the principal sum so delinquent.
Kor such purpose, if any interest pay
ment during tho first three years as
herein provided, shall become delin
quent, it shall bo subject to such pen
alty and interest upon the sum so de
linquent. Interest und penalty shall
bo included in, and shall be u part of
the assessment lien.
I'pon tho expiration of the time
fixed for annual or semi-annual pay
ments, the Treasurer shall make re
turn to tiie Hecorder of the sums
paid and upon what property and of
the sums unpaid. The Hecorder shall
thereupon issuo his warrant in form
approved by the City Attorney to the
City Treasurer commanding him to
sell all property so delinquent lor the
amount of such delinquency, with
penalties, interest and costs as in this
act provided.
Sales for Ielinqiient Assessments,
Section 3 45. Thirty (30) days
after any such annual or semi-annual
installment or payment shall have be
come delinquent, the City Treasurer
shall proceed to sell the property de
scribed on said consolidated lien
docket so delinquent and unpaid, for
the amount of such delinquency to
gether with penalty and interest ac
cruing to date of sale, and for tho
costs of such sale. Ho 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 by publication. Such no
tice shall contain a list of all prop
erty upon which such assessments are
eliuqueut. 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 same may appear upon
said consolidated docket, and shall
'snecifv the time and nlace ot sale, and
(that the property therein described
- vill U(J BUIU IU bllllSl.V lilt! asatSHS
meats, interests, penalties and costs,
due upon the same. AU such sales
shall bo made between the hours of
ten o'clock a. m. and four o'clock p.
m. and shall take place at the front
door of the building in which the
City Council holds its sessions. Such
sale shall be continued from day to
day, omitting Sundays and legal holi
days, until all the property described
in said consolidated lien docket on
which any such assessment, or in
stallment thereof, is delinquent nnd
unpaid is sold. AU such sales shall
be public, nnd each lot, tract or par
cel of 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 parceJs of land
sold for delinquent and unpaid local
assessments, shall be sold to the first
person at such sale 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
hind, for a sum sufficient to psy the
delinquent and unpaid assessment
thereon or Installment thereof with
interest, penalty and costs, tho treas
urer shall strike the same off to the
city for the whole amount which he
is required to collect by such sale. If
any bidder to whom any property Is
stricken off at such sale does not pay
the assessment, interest, penalty and
costs before ton 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 a certificate of sale shall be is
sued to the city therefor.
I let urn of Hale.
Section 146. Within fifteen (15)
days 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 for
such sale, with a statement of his
action thereon, showing all the prop
erty sold by him, to whom sold and
tho sum paid therefor.
Certificate of Sale,
Section 117. After receiving the
amount of the assessment, penalty.
Interest, costs and charges, The Treas-
; of tho purchaser, that it was sold for
, me uA.-vnamem , uivihk lih- u.uik-.i ut
' the stieets, or other brief des1g;u -
, Hon of the improvement for which
Buld time, the lien thereof shall be
postponed to claims of subsequent t
purchasers and Incumbrancers for
value and in good faith wha become
nav-lr.nri whll the snnm Ik iiufnniA.i
The City Hecorder shall be the cus-
todian of all certifieale fo;- nronem I
sold to the city and shall at any time
within two years from the date of
such certificate, and hfrora redemp
tion of the property therein describ
ed, sell and transfer any such certifi
cate to any person who will present to
him the Treasurer's receipt evidencing
payment to the Treasurer of tho
amount for which the nrouertv there
In described was stricken off to the
same redeemed, with the date of such
on, and such Hecorder, mav, if bo au
thorized by the council, sell and trans
fer anv such certificate in like manner
after the expiration of such period of
two years trom the date of certificate.
Liability of Tmtsnivr.
Section 148. If the treasurer shnll
receive any moneys for assessments,
giving a receipt therefor, for any prop
erty aud afterward return the same ns
unnaid, or shall receive the same after
making such return, and the same be
sold for assessment which has beep so
pal I and receipted for by himself, his
e'e 1c of d( I'uty, lie and his InnJ t.hnH
bo liable to the holder, of the cor:iii-
ate given to the nurchased at the sale
for the amount of the face of the c-r-tificate.
and legal interest to bo tie
n anded within two years from the
(!.':te of sale aud recovered 'n any our
hr ving jurisdiction of the ruuount, and
rho cltv shall ill no case be liable to
: holder of such certificate.
Nrcord f Payment.
Section 149. Whenever before the
sale of any property the amount of any
assessment thereon, 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 ot payment thereof on the
consolidated lien docket, and when
ever after tho sale of any proneriv
tor any assessment the same shall be
redeemed, he shall thereupon enter the
same redeemed with the date of such
redemption on such record. Such
records shall bo made on the margin
of the record opposite tho description
of such property.
Property Held In Trust.
Section 150. Whenever the, prop
erty shall be bid in by the city or be
stricken off to thy city under and by
virtue of any proceeding or pro
ceedings provided in thi: act said
property shall be neld In tnuit by said
city for said fund to the extent of the
amount of the assessment or install
ment for which said property was sold,
with penalty, accrued interest, and in
terest on said installment to time of
next call for bonds or warrants: Pro
vided, however, such city mnv at any
time after the procurmg of a deed pay
into such fund the amount of the d
llnquent assessment for which said
property was sold and all accrued in
terest, aud interest to the time of the
next call for bonds issued against such
fund at such bond rnte. and thereupon
shall take and hold said property dis
charged of such trust.
Sale of Property Held In Trust.
Section 151. Tho city may at nny
time after tho period of redemption
has expired and deeds issued to said
city under and by virtue of nny pro
ceedings mentioned in this act, sell
any such property at public auction to
the highest binder tot cash, hut no bid
shnll be accepted for any amount less
than the amount set forth In said deed,
plus accrued Interest to date of sale,
computed on the assessment for which
said property was sold from the date of
the execution of said deed, and all the
delinquent assessments und taxes that
may stand against said property with
accrued interest thereon, ponulties,
costs and other charges, and the said
city shall pay into said fund for which
snid property was held in trust so
much thereof ns shall fully cancel the
assessment for which said property
whs sold, together with all interest
thereon.
Any such sale shall be had only upon
notice by publication setting forth a
description of tho property to be sold,
that the city Treasurer will sell such
property on the day specified at the'
front door of the building In which tho
city council holds its sessions, between
he hours of ton o'clock a. !... and
four o'clock p. m. and continue such
sale from day to day, or withdraw
such property from sale after the first
day if the treasurer In his discretion
deems that the interests of the city ho
require: Provided, that at least fif
teen days shall elapse between the
date of last publication of such notice
and the day such property is sold.
Itcxlemptinn ami Deed.
Section 1'2. Any property so sold
for an assessment shall be subject to
redempt ion by the former owner, or
his grantee, mortairee, heir, or other
representative at any time within two
years from the date of the sale up;m
tho payment to the treasurer for the
purchaser of the amount for whieh the
same was sold, with interest at the
rate of fifteen (15';) per cent per an
num, together with all taxes and spec
ial assessments, interest, penalties,
costs and other charges thereon paid
by the purchaser of such property at
or since such sale, with like Interest
thereon. 1'uless written notice of
taxes and assessments subsequently
pani, anu win amount nieieat, snail
deposited with the city treasurer, re
demption may he made without includ
ing the same. On any such redemp
tion being made, the treasurer shall
give to tiie redemptioner a certificate
of redemption therefor, and pay over
tho amount so received to the pur
chaser of tho 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 certificate of sale.
execute to such purchaser or his as
signs, a deed for the nroncrtv therein
described: Provided, that no such the Issuance of deed shall be had and
deed shall he executed until the holder j conducted in accordance with th law,
of such certificate of sale shall, ac-lnow or hereafter in force, relating to
cording to the record In 1he office of i property sold under or upon foreclos
thp County lternrder, have notified the jure of real estate mortgages,
owners of mien proper;y that lie holds Ian of Purchaser.
such certificate, and that he will de-
i maud a deed therefor. Said notice shall
, if Kneu ny iorsMiu ei vn: imou sain
; owners: Provided, that
cflse
said parties nie non-reMOenls of th
notwithstanding such noiicc
demption b mRde within six
no re-
vithin sixty days
after the date of fervlre. or the date!
of first publication of such notice, the I
holder of such certificate of sale shall j the date of the payment of the re
be entitled to a deed thereon. Such i sportive amouuU.
deed shall be executed only for thejij Asssmenm to He Included In
nrouertv described in the certificate.
and after imvmenl of all detinmient
taxes und special assessments there-
or Installments thereof, the cer
tlDcates of delinquency or other certificates-
Issued for peeial or local as
sessments, whether the same were
levied, assessed or issued prior or sub
sequent to Hie Issuance of said ccrtlfi
cute of sale: Provided, that any such
deed may be issued to the city for the
face 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 genera) taxes and special as
sessments. The deed shall be executed in the
name of the city; shall recite In sub-
tance the matters contained In the
certificate of sale, the notice to the
owner, nnd that no redemption hns
been mode of the property within the
time allowed by law. Tho deed shall
be signed and acknowledged by the
City 1 rea surer, as such, nnd shall be
prima facie evidence that the property
was assessed according to and as re
quired by-law; 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 hud been given, and that the
person executing tho deed was the
proper officer; and the deed shall be
conclusive evidence of the regularity
of an other proceedings rrom the as
sessment, up to und including the exe
cution of the deed, and shall convey
the entire fee shnnle title to the prop
erty therein described, except as other
wise provided herein tor the city,
stripped of all liens aud claims except
taxes aud assessments for local Im
provements or installments thereof,
not delinquent.
Such deed, at the expiration of one
year from its issuance, shall in all re
spects become absolute, and no suit's
of any kind or character shall be main
tained or shall set aside or annul the
sale of said property for said lien. In
case any sale of property shall be va
cated or set aside or declared void by
any court within the time heroin 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 In the collection
thereof, or tho proceedings leading up
to the sale of said property the city
shall, upon tho application En writing
setting forth said facts with a certi
fied copy of such judgment or decree
attached thereto, repay to the pur
chaser at said sale, 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 the rate of six
(th per centum per annum.
The City Treasurer shall charge for
the issuance of each certificate of sale
the suin or fifty cents; for each deed
the sum of one dollar.
FoiwloHure.
Section 153. The City may proceed
with the collection or enforcement of
any delinquent assessment, or delin
quent installment, whether the same
become a lien utter this act shall be
como effective, or prior thereto, hy
proceedings in court therefor in an ac
tion brought in Its own name in the
Circuit Court of Jackson County. It
shall not be necessary to bring a sepa
rate suit for each such separate'piece
or parcel of property delinquent, but
all or any part of the property
delinquent may be proceeded against
In the same action and all or
any of tho owners or persons
interested in any of the property
so delinquent may bo joined as parties
defendant iu the action to foreclose,
and nil or any liens 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 such proceedings It shall be
sufficient to allege the passage of the
ordinance providing such Improvement,
the making of such Improvement, the
levying of the assessment, the con
firmation thereof, the date of delin
quency of such assessment or Install
ment, and that such assessment was
not paid prior to such delinquency or
at all. Such lien docket and confirma
tory order, or duly authenticated cop.
les thereof, shall be prima facie evi
dence of the regularity and legality of
the proceedings connected therewith
and tho burden of proof shall he on tin
defendants. In any such action where
the owners or parties Interested In any
particular lot, tract or parcel of laud or
other property included in such suit
shall suffer a default, tile court may
enter judgment of foreclosure -and Kale
as to siu'h parties ami property so In
default, and order execution thereon,
and the action may nroceed as to the
remaining, defendants and property.
1 he judgiii"iit of the court shall specify
separately the amomir: of tho assess
ment, or installment thereof, with in
terest, penalty, and cnr.is, chargeable
to the several lots, trncTH and parcels
of land in such proceedings. Such
judgment shall have the effect of a
separate judgment as to each lot.
tract, or parcel of land, descrihed in
j Hf'h judgment, and any appeal from
itein," j'"o.""--"i. nntu n-a miwumuui; m
delay the Judgment except, ns to th
property concerning w:iieh the pp,,;i'
Is taken. In entering Judgment 1 lie
court shnll decree that such lots, tracts
or parcels of laud be sold to enforce
such judgment, and execution shall
i.-'-sue for the enforcement. ()f such de
cree. Judgment may lie entered as to
nny one or more separate lots, tracts,
or parcels of land Involved In such
proceedings and the court may retain
jurisdiction of the case ns to Hip bal
ance. All proceedings supplemental
to judgment, including appeal, order
of sale, asle period of redemption and
Section l.-il. Tho purchaser at anv
nlo, authorized in this act acquires a
iifn nil tne nronert Ins HO D'fl tl hV D m
j for the nmo nit pa.r. by him at such
sale ah v.eJI us for a!) taxou and d
linquent. assessments, or delinquent in
stallments thereof, and certificates of
delinquency, and all interest, penalties,
costs nnd charges thereon whether
levied piovlously or subsequently 1
such sale, aud whether for state, coun
ty, city, or school district purposes,
subsequently paid by htm on such prop
erty, and shall be untitled to interest
at the rate of fifteen (15) ner cent
per annum on the original amount paid J
bv him from the date of said sate and
upon stu b subsequent payments from
tVrttficnU-K of Delinquency for
(fCiiera) Taxes.
Section 155. The bolder of anv cer
tificate of delinquency for general
taxes shall, before commencing nny ac
tion to foreclose the 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 property Included in such
certificate of delinquency, or, ho may
elect to proceed to acquire title to such
property subject to certain or all local
assessments as liens thereon, in which
case the complaint, decree of foreclos
ure, order oT sale. sale, certificate of
sale and deed shall so state. If such
holder rball pay sucn local assess
ments, he shall be entitled to fifteen
(15) 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 Hen for
general taxes upon any property n copy
of the complaint shall be served on
the t rea surer of the city within five
days after such complaint is filed. In
any case where anv property shall be
struck off to or bid In by the county
at any sale lor general taxes, und
such property shall subsequently be
sold by the county, the proceeds of
such sale Hhall first be applied to dis
charge in full the Hen or liens for gen
eral taxes for which tho sumo was
sold, and the remainder, or such por
tiou thereof as may he necessary, shall
he paid to the city to discharge all lo
cal assessment liens upon such prop
erty, and the surplus, if any, shnll be
distributed among the proper county
funds.
Iteassessnieuts,
Section lftti. Whenever heretofore
or hereafter the council has caused or
may cause, any street or alley to be
improved, or has caused any sewer or
watermnin to be laid and has, or may
hereafter assess or attempt to assess
upon the property adjacent thereto or
benefitted thereby the cost of such
improvement, and said assessment by
reason of any failure to give any
requisite notice or by reason of any
other defect lu the proceedings lend
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 the council shall
be of the opinion that said assessment
is illegal or doubtful by reason of any
such omission or defect, snid council
may cause the cost of said Improve
ment to be re-assessed against the
property adjacent to snid Improvement
o rbonelited thereby, in tho following
manner:
Tho council shall declare by reso.
lution its intentions to make such re
assessment, which resolution shall
briefly describe the Improvement, and
shail declaro the intention of tho conn
cil to assess the coi;v thereof upon the
property adjacent to said improvement
or benefitted Uierehy, describing in
snid resolution each parcel of prop
erty which it intends so to re-aBsess
and the amount it proposes to assess
against each parcel. Said resolution
shall fix the timo and place for holding
a mooting of the council at which all
protests against re-assessing the costs
of said improvement against adjacent
property, or property benefited there
by, shall be heard. Said resolution
shall be published, the date of the first
publication of which shall be at least
ten days before the date of said hear
ing. At said hearing tho council shnll con
sider all protests against the lovying
of such assessment, nnd If aftor con
sidering the matter the council shall
determine that tho property adjacent
to said Improvement or any other prop
erty has been specially benefited
thereby, It may cause the cost of said
Improvement to be assessed against
said adjacent property, or other prop
erty especially benefited by said im
provement to the extent of the special
benefit so received by said property
therefrom: Provided, however, that
no parcel of property shall bo bo as
sessed unless the same has been de
scribed in the notice oT Intention to
make reassessment above provided for,
and no parcel of property shall be as
sessed for a greater amount than the
amount designated therefor In said no
tice. In determining the property to
be assessed aud the amount to be as
sessed against each eurcel of property.
the provisions of tho charter aud or
dinance for making an original assess,
meat shall he followed by ihe council
in making such reassessment.
The council shall have the right to
assess any parcel of property for said
mprovctnent notwithstanding the same
may not have been assessed in the
original assessment proceeding. In case
the council find said property spec
lally benefited by said improvement,
ind the provisions of the charter re
I'jting thereto otherwise gives the conn
cil power to assess said property. In
making said reassessment the council
shall distribute the cost of said Im
provernent between the various parcels
adjacent thereto or benefitted therein'
In proportion to tho benefits received
or the frontage of tho property on said
improvement, an the case may be, as-
seuuing no parcel any greater amount
than the actual benefit received by it
from said improvement, hut the conn
cil shall enter no assessment against
any parcel of property which has been
previously assessed and which assess
ment has ber-u paid. Any existing as
sessments so re-assesHcd shall he
ni.ui'.' d "Cancelled hy Reassessment."
Said reassessment shall b. declared by
ordinance und enf;-ucr lu the city lien
docket aud collected in the sumo man
or as the original assessments shall hp
collected under the provision of thb
charter and the ordinances of the city
Ordinance and Resolution.
Section 157. The city council shall
pass all ordinance-! nnd resolutions
iiereHsary and proper to carry nut the
provisions of this act.
Validation of Inciil Improvement
sVi.se.stti i tent h
Section 15H. Whenever the city
council has made, or shall hereafter
make any assessment against prop
erty tor any local fi.iprovenient an
thorized hy law nnd this charter and
has In making Much assessment, acted
in good faith and without fraud or
hall herealter act In Rood faith nnd
without fraud, the said assessment
shall be valid and enforceable ns such
and a lien Upon the properly upon
which the same purports to he a lien
and all assessments heretofore or here
after made by tho city authorities lu
good faith und without fiaud uie hero.
by declared to be valid and in full
force and effect, and to lie collectible
In the manner which is now or may
hereafter bo provided by law aud this
cnarter.
AsMvisnients Pnitl hy Joint Owner.
Section J5. Whenever any local as
sessment, or installment thereof, sbnll
be paid, or any certificate or sale
therefor be redeemed, or any judgment
therefor be paid by any joint owner of
any property assessed for any local
improvement, mica joint owner mav.
after demand and refusal, by an action
brought in the circuit court, recover
from each of his co-owners the respec
tive amounts of such pavment which
each such co-owner should bear, with
Interest thereon at ten U0i per cent
per annum from the dale of such pay
ments, and costs of the action, and the
joint owner making such payment shall
nave a lien therefor upon the undi
vided interests of his co-owners in and
to such property from date of such pay
ment. City Uiy Purchase at Tax Sale.
Section ItiO. Whenever any prop
erty situate in tho city shall bo of
fered for sale for general taxes, tho
city shall have the power to protect
me lien or Hens or any local assess
ments outstanding against the whole
or any portion of 'such property by
purchase or otherwise.
Acts HeHilc1,
Section 101. All acts and parts of
acts both stato law aud City charter
in conflict herewith aro hereby re
pealed; und all acts or parts of acts.
either general or special in conflict
herewith, are hereby repealed in-so-far
as they conflict herewith or restrict
the powers or duties hereby conferred
upon said city or its Mayov or Council
or other officers. Any acts or parts
of acts herein repealed which aro re-
enacted iu form or subatanco in thltt
act shall not he construed as new
enactments, but as continuations and
amendments of such acts or parts of
acts.
Publication.
Section 1(12. When this act requires
notice by publication, such notice shall
he published once In a newspaper pub
lished in said city and of general cir
culation therein, except as otherwise
iu this act provided.
Xotico to Im Mailed.
Section 1t3. In alt cases of assess
ments or installments thereof becom
ing due and payable tho city treuuurer
shall mall to tho owner of the property
nssessed a copy of tho notice required
to bo published when the post office
address oi such owner is known, and
failure to malt the sumo shall not-bo
fatal when publication Is made.
Assessments l'nld lit Krror.
Section 1G4. Whenever, through er
ror or lnadverdanco, any person shnll
pay any local assessment, or install
ment (hereof, upon the lands of an
other, such payor, may, after demand
and refusal, by an action In the Circuit ,
Court, recover from tho owner of such
lands the amount so paid, and costs of
the action.
New Paving llnsed on Petition Only.
Section 105. After tnls act Bhall be
come effective, tho city council shall
not havo power to levy special assess
ments for paving hereafter to be made
except upon petition signed by the
owners, according to the records in the
office of the county recorder, of prop
erty to an aggregate amount of a ma
jority, of tho lineal frontage .upon the
improvement to bo made nnd of the
area within tho limits of the assess
ment district to bo created therefor.
Acts to be Idlternlly Construed,
' Sectlou 106. The rule that statutes
in derogation pf the common law are
to he strictly construed shall have no
application to this act. hut the same
shall bo liberally construed for the
purpose of carrying out the nbjectB for
which this act Is intended.
Discharge of Liens. ;
Section 107. Kutries of paymentB
of assessments and of installments, in
terest nnd costs made under the pro
visions of this net shall be made In
the consolidated lieu docket aforesaid
as the snme shall be received, with the
date thereof, nnd such payments made
and entered In said consolidated lien
docket shall be and operate us a dis
charge of such lien, to the amount of
such payment, and from the date there
of. Enforcement of Ku1xHCiient IjIcimi
Authorized.
Section 108. The enforcement of the
lien of any Installment or Interest pay
ment by any method herein authorized
shall not prevent the enforcement of
the lien of any subsequent Installment
or Interest payment, hy any method
herein authorized when the same shall
become delinquent.
Ponding; Proceedings.
Section 1CU. If nny proceedings
shall be pending for the enforcement
of the lien or liens of any delinquent
assessment or assessments for paving,
sewers, or wutormains at the Unto this
act becomes effective the city may pro
ceed with the enforcement of any such
lien or liens under the provisions of
law and the city charter and ordi
nances of said city existing at the
time of the taking effect of this act.
Outstanding ( Vrl ll'lcatcs of Sal;.
Section 17u. The holder or holders
of any outstanding certificato of Bute
heretofore issued for special assess
mentft for paving, sowers, or water
mains may proceed with the enforce
ment of tho liens of such special assess
ments under the provisions of law and
the city charter and ordinances of
Raid city existing at the date this act
becomes effective. ,
Dated at Medford, Oregon, this
12th day of January, lit 17.
(Signed) V. J. EMKH1CK,
Attest: Mayor.
(Signed E. T. FOSS,
(Seal 1 Recorder.
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