Ml'JJJi?OliJ) At All) TUIUIIMU! ifimnADu AulvAxt Mfi.U 1 V ".UJiiAmw
PAGE SIX
0TIE00NT, :.FliTDAY, OCTOBER
1017
SPECIAL CITY ELECTION NOTICE
STATU OF OREdON,
County of Jackson,
City of Central Point, bh.:
Notice fa hereby given 1 hat. a spe
cial election will Ik hold in tho City
of Central Point, Jackson county. Ore
gon, on Tuesday, to-wit: tho Kith day
of October, A. D. 1(117, between the
hours of 9 o'clock a. in, and (! o'clock
p. in.
The polling place for said election
shall he at the Cily Hall, la
iho City
ui i.omrm romi. wregon.
The tbreo following named legal
voters of said citv are hereby dosiir.
nated and appointed judges of said
election, two or whom bltall act as
clerks thereof:
I,. Hatfield, .J. W. Jacobs, .
Holmes, Judgoa and Clerks of
tion.
II.
Clec-
Sald election Is called and held for
voting upon the adopilou or rejection
of a certain amendment to the charter
of tho City of Central Point, Oregon,
adopted by the common council and
submitted by the common council to
the voters of the city.
Said proposed amendment Is printed
In pamphlet form by the city and
copies mailed to every legal voter
within tho city whose address Is
known, and said pamphlet can he had
at tho office of tho recorder of said
city upon application.
The general purport of fiaid charter
amendment in expressed In the ballot
title therefor adopted by the common
council and which will appear upon
thn ballot with a corresponding num
her. as follows:
Charter Amendment Submitted to
the VoteiB by the Council.
"Shall tho Charter of Central Point
he amended by adding thereto Article
aXV, and thereby provide for the col
' lection In thirteen years of the unpaid
assessments for local improvements
made In the year till I, and provide for
tho Issuance of refunding bonds in a
sum not to exceed $xo,0(H, for the pur
jtose of redeeming tho outstanding un
paid bonds and warrants Issued In said
year for pay Ins tho costs of said Im
provementB. together with interest
thereon, said refunding bonds to bo
due in thirteen years ami hear Inter
cHt at. six per centum per annum, as
provided In Ordinance No. Ilii':
Votes Yes or No.
KIO YES
301 NO
Dated this Dili day of October, A. I).
1917.
tSlgnod) E. ALEXANDER,
Acting Mayor of the City of Central
Point, Jackson County, Oregon.
(Signed) .1. V. JACOBS,
City Recorder of tho City of Central
Point, Jackson County, Oregon.
(Seal.)
ORDINANCE NO. 116
An Ordinance adopting and submit
ting to the legal voters of tiie City of
Central Point, Jackson County, Ore
Km, at an election hereby called and
ordered to ho held in said city on
Tuesday, to-wit: the Kith day of Oc
tober, A. I). 1W7, an amendment to
the charter of said city, bv adding
thereto Article XXV; said article XXV
ratifying and confirming the lions on
certain properly In said city for
sessmeuts made against said property
In tho year A. 1). lit! I, for street tin
provcmoutB, Including tho laying of
sowers, and now remaining unpaid
providing a method for the payment
and collodion of said unpaid assess
ments; ratifying, approving and con
firming the outstanding bonded In
debtedness of salt! city, consisting of
Htuierofl improvement bonds, In tin
aggregate principal sum of $iul,7f0. Is
sued In November, ml. to pay the
cohIs of said street Improvements; an
thorfzing and directing the common
council to Issue refunding bonds In tho
name of said city. In au amount not
exceeding tho aggregate principal sum
of $S0,0UO. for the purpose of fund
Ing. paying and redeeming the said
outstanding Itancroft Improvement
bonds and certain outstanding warrant
Indebtedness In I ho aggregate priuol
pal Bum of $in,i;i!i.:i2, heretofore In
curred for the payment of interest on
Bald street Improvement Indebtedness
aud expenses Incidental to said tnr
provemonts, together with Interest on
said bonds and warrants to date ot
redemption; said bonds to be dosl;;
nnlod an refunding bonds and bear in
torofit at the rate of six tf per centum
per annum, payable semi-annually, and
providing for the levy of assessments
on all tho taxable properly of said
city subject thereto. In addition
to all other taxes, and requiring the
collection thereof, sufficient to pay
the interest and principal of said re
funding bonds promptly when and as
the same become duo. and repoailn;;
all parts of tho charter fn conflict
therewith; repealing all ordinances,
resolutions or orders, or parts there
of, In conflict herewith, and declaring
an emergency.
Whereas, It appears from the report
of tho city recorder and city treasure!
of the city of Central Point, Ofegon.
heretofore presented to this council,
and considered and approved aud now
on file In the office of the recorder,
that said city has outstanding, unpaid
aud redeemable Huuerolt improvement
bonds, In the aggregate principal sum
of $H:t.7.r.n, Issued In the year A. IV
P.HI. pursuant to Ordinance Nob. 7!
aud Mi. passed and approved vesper
tlvely on November !M and November
2S, A. 1 r.H I. for certain sireei tin
provemonts, including tne laving oi
i link and lateral sewers, tnteihet
With Interest theteon Ul Hie rate nl
stx per centum per annum, which in
terest In Ihe first day ot November.
A. 0. l;tl7, amounts to the sum id
$i,:ul' r.u.
Whereas, it further appears from
wild report thai said citv bus an out
standing Indebtedness evidenced l
warrants issued during tin period
from September 7, lit 11, to November
1st. I!'l7. inrurrod In connection with
the payment of interest and incidental
expenses for said street improvements
Including the laving of M-wers,
amounting to the alienate principal
sum of K'.evi II. toi:rMier with inter
est thereon at the rate nl six ir.i per
centum per ant nun, hieh inici esi
amounts to v.u :i;t; nnd
Whereas, each and o et v of the
bonds and warrants hereinbefore men
tinned and specifically set forth in tin
report of th" city i ider auJ elt
treasurer heretofore presented to thb
council and now on lite in Ihe office
of the citv recorder. repreenis n Ud
HUd hlndtng ohlfgnlhui, incurred only
for lawful cily purposes, authoried b
tho rotiBtltutlon and law "t the state
of Oregon and the charter of paid city;
and. . , .
Whereas. It appears from the sail'
report of Haul city lec udm and in
lieasiiior ot Mild CiU Uiut there ntr,
no funds In the treasury of said city
available for the payment or said In
debtedness, or any part thereof; and,
Whereas. It Ik deemed ndvUahlo and
to th tHst Interests of Hit Id city and
necessary to matnlain tho credit thorp
rf lhat said bonded and warrant hi
(tchtiMlnrwt Bhnll he niiifird, approved
and validated In tho aggregate prin
cipal Bum of $HI,(I10.:i2. heretofore In
curred for the payment of interest on
said street. Improvement JndobtndneHf?
j n,,r expenses incidental to Raid im-
.
i j ii m -mt-m , uik'm nisr wii ii iiut'n'Si o"
T8 an". .wrrants to date of
1 redemption; said bonds to ho doHlg
j nated as refunding bonds and bear
j interest at tne rate or stx (( oer
centum per annum, payable fieml an-
nuallv, and providing for the levy of
assessments on all of the taxable prop
I erty In said city suhtcct thereto, In ad-
ertv In said citv subject thereto, in ad
dition to all other taxes, and ronuir
Ing tho collection thereof, sufficient
to nay thc( Interest and principal of
said rerunning bonds promptly when
and as the same become due, and re
pealing all parts of the charter in con
fllct therewith: repealing all ordl
nances, resolutions or orders, or parts
thereof, in conflict therewith, aud de
claring au emergency.
And for the nurpose of taking such
other and further action In the prom
Ises us may bo deemed advisable.
(Slimed) W. K. ALKXANDKR,
Acting Mavor. City of Central Point,
Jackson County, Oregon.
(SEAL)
Attest: J. W. J A COIlS, City Recorder.
Now, therefore, by reason of the
premises,
Tho People r( the Citv of Central
Point do ordain and resolve as fol
lows: Section 1. Ti" common council
hereby adopfs ad submits to tho le
gal voters of said -Mv n amendment
to the chart or. being the charter of
said city as adopted bv thn legal vot
ers of said cllv on the 2Mb. day of
February, A. I). 190H, as heretofore
amended, by adding thereto an article
designated. Article XXV. said Article
XXV being In words and figures the
following:
ARTICLK XXV.
CONSOtdDATKl) SPKCIAI. 1M-
PUOVK.MKNT DISTRICT. ; j
Section 1. - All assessment s fori
street, improvements, including the
laying of sewerB, entered on the lien
docket of tho City of Central Point
Oregon, in the year A. D. 1111. as for
taxes assessed and levied in favor of
said city, with Interest on said assess
incuts at. the rate of six (ID per centum
per annum from the date so entered
on said Hen docked until paid, remain
ing unpaid at Hie lime this article 1m
comes effective, whether or not Im
provement bonds have been heretofort
Issued to pay the costs of tho Im
provnmcnts for which said' assess
ments were levied, are hereby ratified
and confirmed, aud declared to hi
valid and binding assessments aud
liens against the respective properties
as sot forth In the Hen docket for said
Improvements, and said unpaid as
sessments, together with said Interest
thereon, Khali be collected and said
lions enforced as provided In tills ar
ticle. Section 2. The common council
shall by ordinance fix a date when all
such unpaid assessments, with accrued
Interest thereon to November I, A. D.
I !) 1 7, may bo paid. In whole or In part.
and notice Iherool shall bo published
by I be city recorder in two weekly is
sues ol a newspaper or general cir
culation, published In the city of Cen
tral Point, or IT there he no newspa
per published In said city, then said
notice shall be published in the news
paper of largest circulation in tho cily
nenrest to said cily, tho first
publication to bo at least ten
davs prior to the date so fixed
to r pay m e n t . At any time with
in ten days after the first publication
of said notice, the owner of any prop
erty against which them is any audi
unpaid assessment or Interest thereon
mentioned in section 1 hereof, may file
with Ihe cily recorder a writ ton ap
plication to pay said assessment or
Interest, or both, as tho case may bo.
In annual Installments, anil such
written application shall Htale lhat Ihe
snld applicant, and property owner
does hereby waive nil irregularities or
delects. Jurisdictional or otherwise. In
tin proceedings to Improve the street
lay the newer for which said as-,
sstnenl was originally levied and in
the apimrtionment thereof under the
provisions of this arllcle, and does
waive any right to make payment of
said assessment in accordance with
the liancroft bonding act. Said appli
cation shall also contain a statement, i
by lots or Mocks or other convenient
lesoriplion. of the property of the ap
plicant assessed for Mich street im
provement, including the laying of
sewers. Said application sunn hio
contain a provision lhat Ihe said ap-
pltcaul and property owner agrees to
pav said assessment In ten (H'l orpiul
annual insiallmcnts. tho rirst install
ment to be due and payable November
I. l!t'..'l, with interest at the rate ot
six Hll per centum per annum, pay
able semi annual!). May 1 and No
inber 1. in each year. During each
nf the wars from November 1. t!i4.
to November I, Interest only mi
;aid assessments musl be paid. In
addition tit the annual pameiiM hero
In provided, the option is given to
propel ty owners to pay. at the time of
each annual payment, one or more
tenths of the unpaid balance with no
Clin d Interest to time of payment, but
an such opl ion a I payment shall be
considered sm p.i uu-nt of the next ma
turing Installment, or Inst ailments, a;
the cast may be.
Section ;t All said assessments
nietnioncd in Seeilon I hereof which
are not paid or for which applications
lo pay in Installments me not made
within the period of ten das. as here
iuab -ve provided. Muill be collected in
.iceoidtinee with the provisions of the
laws of Orei-on and the charier and
ordinance of said cit applicable to.
Mid aesmeut and liens, as origin-!
. It levied and made etieetiw. ami al','
of sat I ;iss, ssnienis mentioned in Sec
linn 1 hereof, which are delinquent, or
w htch shall beie-iiter beenme delta-
ipient aint which arc not paid, or tor
hii b application to pav in install I
lien's In accordance with this Utieh
XXV.
pet Ind
vhb-d.
therefi
re not made within th'
!,:Ul1
of leu dus heielnabnw pi
b:il! be collet ted and the liens
enforced by the city officials
in accordance with the proviunn. nl
hits article f'r Ihe collection or do
limnient a-sesfuients as hoi eluaftcr
ill Ihei :nti(le p-nvldej,
Section V And the cl oifietnbi are
Jhivbv ivjuiiO'l. and It is PiuOo ihtlr
duty, to make the collect-mi or all aa- iBtored number of said bond, and the
BOHsmenta and Interest thereon men-l words, "Refunding Improvement IJond,
tloned In Section of this article aud t'!M7," with the, name of the city, U
enforco payment thereof at the time ' fluing the name. The common council
and In the manner ua authorized, tiro -
vlded and required by law and this
article of tin- charier, aud they are
leniilred and It Is hereby made their
duty to make collection of all assess
ments and interest thereon mentioned
in
Section 3 of this article, and en -
force payment thereof at. the time and
In I ho manner as authorized, provided
and reuulred by law aud the provls
i ,nrm , thn rhurtltv nnil 1P1,llinn '
, ...... ""." a
hereof: and the failure, refusal or no-
gleet of anv official or officials of said
city to collect said assessment b and
any interest, penalties and costa there
on, or to evorciso all means and pow
ers given him or them by state law
or the charter and ordinances of said
city for tho enforcement of such col
lection for a period of six months af
ter same are due. shall subiect each
such official so railing, refusing or
neglecting to a penalty of twenty-five
per cent of tho amount delinquent,
said penally to be collected by suit In
the name of the city on the relation
of nnv bond holder or other person
lawfully entitled to tho proceeds when
collected, of such delinuueut assoSH
mont or any nart thereof.
Section 5. That all such assessments
for which applications are made to he
paid fn cdiinl annual installments com
mencing November 1, 1!)2I. as orovid
ed In Section 2 hereof, shall, by the
citv recorder, be transferred to and
entered upon a consolidated lien
docket in which shall lie entered
(a) A description of each lot
piece of nrowrty assessed.
(h) The slreot and nature of Im
provement for which such assessment
was made, and the number of the or
dinance declaring the original assess
ment. to) Tho name of tho person to
whom assessed, as appearing upon tho
application for pavment in install
ments, as aforesaid.
(d) The Bum originally assessed
against such properly.
(e Tho date of tho entry on the
consolidated lien docket.
(0 The unpaid principal of such
assessment.
tg) The date from which interest
remains unpaid upon such unpaid
principal.
(h) Payments of principal nnd in
terest as same are made from time to
time on each piece, lot or parcel of
property.
Such docket shall Bland thereafter
as Colsolidafed iLicu Docket, as for
taxes assessed and levied in favor of
tho city, for the amounts of such un
paid assessments and interest, thereon
iw therein docketed, against, each such
lot or piece or parcel of laud or other
property, until such assessments and
interest are paid in the manner here
in provided; and all such unpaid as
sessments and interest shall he and
remain a lien on each lot. or piece or
parcel of land or other nroperly, re
spectively, in favor of the city, and
such Mens shall have priority over all
other Hens and incumbrances whatso
ever. CONSOUDATKD IMPKOVKM1CNT i
DISTRICT AND FUND.
Seel ton ti. The common council !
shall, by ordinance, create a consoli
dated improvement district, compris
ing all improvements of streets, by
paving or otherwise, including tho lay
ing of sewers, heretofore made, any
assessments for which are to be paid
as nrovlded En Section 2 hereof, aud
shall create a consolidated improve
ment district fund comprising Ihe
same, In which shall be kept nil as
sessments so paid, together with in
terest thereon. All such assessments
and Interest thereon shall he paid to
tho recorder and bv him credited on
the Hon docket and the proceeds de
posited with the city treasurer, and
the same shall he used exclusively to
pay the principal and interest of the
refunding improvement bonds herein
after authorized.
UKPlNDlNti IMPUOVKMKNT
PONDS.
Section 7. The common council
shall, by ordinance, aulhoil.e the is
sue of tho refunding improvement
bonds of said city, in convenient de
nominations, not. exceeding $1,000
each, aud in all equal to the total
amount of said unpaid assessments
for such street improvements, includ
ing the laying of sewers, for which ap
plications to pay, under the provisions
of this article, have boon filed as
aforesaid, together with accrued In-1
terest thereon to November 1. A. D.
JiM7. including tho amount of the war
rants heretofore issued and moneys
advanced by tho city out nf any funds
for the payment of Interest on the im
provement bonds ami expenses inci
dent to said improvements, said re
funding bonds, however, not to exceed
the aggregate amount of $sn,omi, and
such bonds shall, by the terms thereof,
bo dated November 1, 11M7. due and
payable November 1. IJUU, in gold
coin of the United States, and bear
interest at six Mil per centum iter an
num, payable semi-annually, said in
terest lo bo evidenced by coupons to
he attached to said IhuiiIs; provided,
the right to take tip and cancel such
boipl or honds upon tho payment of
the face value thereof, with accrued
interest to dale of payment, at any
semi annua I interest payment date at
or after three years from the date of
such bonds, shall bo and is hereby
ve.-ued in Ihe city. Notice staling lhat
certain bonds are to tie taken up and
cancelled as aforesaid, nnd that the
interest thereon shall cease at the in
terest payment period next following,
shall be published in a newspaper
published aud of general circulation
In said city, or If no newspaier of
general circulation Is published there
in, then in a newspaper of general clr
culatliui in said city published neatest
to the citv of Central Point, at least
once a week for two successive weeks
p-ocedlim said semi annual interest
pay meat date ; and after said semi
annual Interest pavment dale, of which
notice has been given as aforesaid, in
terest upon the bonds designated in
t be nniiee i hall cease.
Section s The Common council
shall by ordinance provide the form
of said bends, ihelr date, denomina
tion and place of pavment. and said
bonds shall be sinned by the mavor.
countersigned bv the city recorder
land authenticated by the seal of said
city Impressed on each of iald bonds,
and shall be registered consecutively
by number aud denomtnatlon of each
ii book to lie kept by the cily re-j
corder, to bo known and designated as
the "Refund ing Improvement Pond
ItegUler " laeh of said bonds shall
have distinctly and planilv lnsciibd
or pi nited oil tin' Live ihcicof Die rv-
! shall sell such houdK at public or orb
vate salt at Biich time aud In such
manner, aud on such terms as ft may
determine; the proceed. thereof shall
bo paid by the nurehascr to tho citv
treasurer, and shall he anplled to tlu
1 redemption and payment, In numer
ical onier, of a like amount of the
outstanding and unpaid Hancroff
bonds of said city. Issued in 1911. and
to tho rcdemntiou and nayment of the
coupons of such bonds hold bv the
citv and warrants Issued bv said citv,
and representing moneys advanced bv
It from taxes and otherwise from its
various funds by wav of loans, to
meet from timp to time maturing In
terest payments on said bonds and In
cidental exoonsofi incurred by said city
In connection with said Improvements,
including the laying of snwera. Said
bondB shall he a ohariro upon the
pronorty subject to said assessments.
and tho amount of said bonds bo Is
sued shall not he deemed or taken to
bo within, or anv part of. any limita
tion of tho charter, or otherwise, as
to the Indebtedness of said city.
INSTALLMENT PAYMENTS, IN
TEREST, PENALTY.
Section 9. Any annual installment
of assessment, or semi-annual inter
est pavment. as provided in Section 2
hereof, which shall remain unpaid at
the expiration of the time fixed for
such respective naymonts shall there
upon become de!::u:uent. and shall
hear a penalty of five (.r,) nor centum
upon tho nmoiint of Biich delinquency.
In addition to the bond rate uuon the
principal sum bo delinquent. Interest
and penalty shall be included in, and
aba!! bo a part of the assessment lien.
Dpon the expiration of the time
fixed for annual or semi-annual pay-j
ments, the recorder shall make up a!
"'"'"merit showing the description of
each lot. nfoce or parcel of property
uuon which any such assessment or
Interest remains unpaid, and the
amount dellnauent thereon. Tho re
corder shall therennon sell all prop
erty ao delinquent for the amount of
such delinquency, with penalties, in
terest and costs as in this article pro
vided.
SALES FOR DELI NO DENT ASSESS
MENTS.
Section in. Thirty (30) days after
any such annual or semiannual In
stallment or payment shall have be
come delinquent, tho recorder shall
proceed lo sell the property described
on said consolidated lien docket, so
delinquent and unpaid, for tho amount
of such delinquency, together with
penalty and Interest accruing to date
of sale, and for tho costs of Bitch sale,
lie shall execute and deliver certifi
cates of sale to the purchasers, and
assessment deeds to the poraons there
unto entitled.
The recorder shall give notice of
such salon by V'hlicntion. Such no
tice shall contain a list of all property
upon which such assessments are de
linquent, with the amount of the as
sessments, interests, penalties and
costs, to dato of sale, together with
the names of the owners of such
property, or the words "Unknown
Owners," as the same may appear
upon said consolidated docket, and
shall specify the time and place of
sale, and that tho property therein
described will .Ik sold to satisfy the
assessments, interests, penalties and
costs, due upon tho same. , All such
sales shall he made, between the hours
of Ion o'clock a. m. and four o'clock
p. m., aud shall take place at the front!
door of the building In which the com-!
mon council holds its sessions. Such j
sale shall be continued from day to i
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 and
unpaid, is sold. All such sales shall
be public, and each lot, tract or pnr
cel of land shall he sold separately and
in the order in which the name ap
pears upon the consolidated lien
docket commencing at t ho beginning
thereof.
All lots, tracts and parcels of land
sold for delinquent and unpaid assess
ments shall he sold to the first person
at. such sale offering to pay the
amount duo on each such lot, trac
or parcel of laud. If there be no bid
dor for any lot, tract or parcel of
laud, for a sum sufficient to pay the
delinquent and unpaid assessment
thereon or installment thereof w;lh
interest, penalty and cosU. the re
corder shall strike the same off to
the city for tho whole amount which
he is required to collect by such sate.
If any bidder to whom any property
la stricken off at such alo 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 Ihe city
ami a certificate- of Bah shall be is
sued to the eitv therefor.
RETURN OK PALIS.
Section 11. Within fifteen (15) days
after the completion of the sole of
all property so authorized to he sold
ns aforesaid, the recorder must file a
return In his office with a statemmt
of his action thereon, showing all the
property sold by him. to whom Bold
and tho sum paid therefor, and shall
deposit the proceeds thereof wllh the
city treasurer, to be kept In said cnti
solldated improvement district fund.
CEUTl KICATE OK SALE.
Section 1H. After receiving, upon
such sale, the amount of the assess:
mont, peualtv. Interest, costs and
charges, the recorder shall make out
a certificate, dated on the day of sale,
stating i when known 1 the name of
the owner or owners as given on the
consolidated lien docket, a description
of the laud sold, the amount paid
therefor, ihe name of the purchaser,
that it was sold for the assessment,
giving the names of the streets, or,
other brief designation nf tho lm-i
pmvemcnt for which the assessment j
was made, and soelfing that the:
purchaser win bo entitled to a deed
two ears from the date of sale, un
less redemption thereof be ?nado. Such
certificate shall bo signed by the re
corder nnd shall bo delivered to the
purchaser, nnd shall be bv such pur
chaser reeni.lod in the office of the
county recorder within thirty (;i0
days from the dale thereof. If not
recorded within said time, tho lien
thereof sdiall bo postponed to claims
of subsequent purchasers ami Incum
brancers for value and In good faith
who become such while the fame is
uni ecu ded.
The i t terot'iler h.'ill be the ens
todiait el all eeniftctiii11 f.ir jtoRt t
sold to the city, and sliar at any time
within two .years from the date of such
certificate, ami before redemption of
tho property therein described, sell
and transfer any such certificate to
any person who will make payment of
the amount for which the pro)erty,
therein described, was stricken off, to
gether with all nenalties. Interest and
costa to date of sale of such certifi
cates, and such recorder may, if so
authorized by tho council, sell nnd
transfer any such certificate In like
manner after the exolratlou. of such
jKiriod of two years from the date of
certificate.
LIABILITY OP RECORDER AND
TREASURER.
Sod ion 13. If the Rocorder or
Treasurer Khali recdve any monevs
for assessments, giving a receipt
therefor, for any property and after
ward return tho same as unpaid, or
shall-receive the' name after making
Btich return, and the same be sold for
assessment which has been so paid
aud receipted for by himself, his clerk
or deputy, he and his bond shall he
liable to the holder of the certificate
given to the purchaser at the sale
for tho amount of the face of the
certificate, and legal Interest, to bo de
manded within two years from the
dato of sale, and recovered In any
court having jurisdiction of the
amount, and the citv shall In no case
he liable to the holder of such certifi
cate. RECORD OK PAYMENT.
Section 14. Whenever before -the
sale of any pronorty the amount of
any assessment thereon, with Interest,
penalty, costs and charges accrued
thereon, shall be paid to the recorder,
he shall thereon mark the same paid,
with the dato of payment thereof on
the consolidated lien docket, and
whenever after the sale of any prop
erty for any assessment, the same
shall be redeemed, he shall thereupon
enter tho same redeemed with the
dato of such redemption of such rec
ord. Such records shall be made on
the margin of the record opposite the
description of such pronertv.
PROPERTY HELD IN TRUST.
Section 15. Whenever the proper!
shall be hid in by the city, or be
stricken off to the city under and by
virtue of any proceeding or proceed
Ings provided in this nrticle. said
property shall he held in trust by said
city for said fund to the extent of the
.amount of tho assessment or install
meut for which said property was sold
'with penalty, accrued interest, and in
terest on said installment to time of
next call for bonds; Provided, how
ever, that when any property shall
have been held by aaid city until the
expiration of the tlmo for redemption,
the city shall thereunon immediately
pay Into such fund from Its general
fund or any funds at Its disposal, the
amount of the delinquent assessment
for which said properly was sold, and
all accrued interest, and interest to
the time of the next, call for bonds
issued against such fund at such bond
rate, and shall levy aad collect such
tax as may be necessary to reimburse
said fund or funds for the amount
used to pay such delinquent assess
ments and interest, and upon the city
making such nayment it shall roqelve
a deed to said property and shall take
and hold said property discharged of
such trust, hut may sell same as here
inafter provided, and use the proceeds
to reimburse Itself for moneys and
taM's so advanced to pay said delin
quent assessments and Interest.
SALE OK PlKfPEHTY HELD IN
TRUST;
Section Hi. The cily may at any
time after tho period of redemption
has expired and deeds issued to said
city under and by virtue of any pro
ceedings; mentioned In this act, sell
any such property at public auction
to tho highest bidder for cash, hut no
hid shall he 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 dato of the execution of said deed,
and all the delinquent assessments
and taxes that may stand against said
properly with accrued interest, there
ell, penalties, costs and other charges,
and the said city shall pay into said
fund for which said property was hold
In trust so much thereof as shall fully
cancel the assessment for which said
properly was sold, together with all
interest thereon, unless said city has
theretofore paid the amount of such
assessments, penalties, interest and
costs, into said consolidated improve
ment district fund, upon receiving a
deed for said proportv. as above pro
vided.
Any such sale shall be had only
upon notice by publication setting
forth a description of the property to
he sold, that the city Recorder will
sell such property on the day sped
I'ied at tho front door of tho building
in which the common council holds ii s
sessions, bet ween the hours of ten
o'clock a. in. and four o'clock p. in.,
and continue such sale from day to
day, or withdraw such property from
sale after the first day If the Re
corder In his discretion deems that
the interests of the city so require:
Provided, that at least fifteen days
shall elapso between the date of last
publication of such notice aud the day
such projicrtv is sold.
REDEMPTION AND DEED.
Section 17. Any property so sold
for au assessment shall be subject to
redemption by the former owner, or
his grantee, mortgagee, heir or other
representative at any time within two
years frcm Ihe date of the sale, np--u
(he payment to the Recorder for the
purchaser of the amount for which
the same was sold, with interest, at
Ihe rate of fifteen per cent tl.Vil per
annum, together with all taxes and
special nssopMuents, interest, penal
ties, costs and other charges thepvii
paid by tho purchaser, of such prop
erty at fir since such sale, with like
interest thereon. Unless. ,writtc.i n
tice of taxes and assessments subse
quently paid, and the amount thereof,
shall bo dopiw-tted with the Recorder,
redemption may Ih made without ih
eluding the same. On any such 10
demptlon being made, the Recerdot j
shall give to the redemptioner a cor
iificaie of redemption therefor, and;
pay over the amount so receive. 1 to 1
the purchaser of the certificate of
sale, or his assigns. Should no re
demption be made within paid period
of I w o years, the Recorder fh;ill. on
demand of the purchaser or his as
simiB. nnd the surrender to him of
the certificate of sale, execute to
such purchaser or hi? asskns, ' -ed
for the property tneiein . i '. .
Provided, that no such deed shall be
eeoutol until the holder of such cor
iitic.ite iif ?b shall, accord. nr lo the
;eop In Ub' oUic" hf the :ounly He
corder, havo notified - owners of
such property that ho holds such cer
tificaie. and that he will demand a
deed therefor. Said notice shall he
given by personal service upon said
owners: Provided, that in case said
parties are non-residents of Ihe state
or cannot be found therein after dill
gent search, then such notice may bo
given by publication once a week for
three successive weeks. Such notice
mid 'el um thereof, with the affidavit
o ft ho person, or in the case of the
city, of the Recorder, claiming such
deed showing that such service was
made, shall he filed in the office of
said Recorder. If. notwithstanding
such notice, no redemption be made
within sixty days after tho date of
service .or -the date of first publica
tion of such notice, the holder of such
certificate of salo shull be entitled to
a deed thereon. Such deed shall be
executed onlv for the property i de
scribed In the certificate, and after
pavment: of all deljnouont -taxes and
snecial assessments thereon, or In
stallments thereof, tho certificates of
delinquency or other certificates Is
sued for special or local assessments,
whether the same wore levied, assess
ed or isBiied nrior or: subsequent to
the Issuance of said certificate of sale:
Provided, that any Buch deed may he
Issued to the city for the face amount
for which said certificate of Bale was
Issued, plus accrued interest, costs,
nenalties and charires, and shall be
held by the city subiect to the liens
"f general taxes and special assess
ments. The deed shall ho executed in thej
name of the citv; shall recite in sub-1
stance the matters contained in the
certificate of sale, the notice to thej
owner, and that no redemntioti has;
been made of the property within thej
time allowed by law. The deed shall j
be sitrned and acknowledged by thej
Citv Recorder, as such, and shall bo
prima facie evidence that the prop
erty was assessed according to and
as required by law: that the assess
ment was not paid; that the property
was sold as required by law; that it
was not redeemed: that due.nollco of
demand for tleed had been given, and
that the person executing tho deed
was the proper officer: and the deed
shut! be conclusive evidence of the
regularity of all other proceedings
from the assessment, up to and in
eluding the execution of the deed, and
shall convey the entire fee simple
title to the property therein describ
ed, excent as otherwise, Provided here
In for the city, Btrinped of all liens
and claims except taxes and assess
ments for local improvements or in
siallmcnts thereof, not delinquent.
Such deed, at the expiration of one
year from Us issuance, shall in all re
spects become absolute, and no suit
ol any kind or character shall he
maintained or shall sot aside or annul
tho sale of said property fur said lion
lu case any sale of property shall be
vacated or sot aside or declared void
by anv court within the time heroin
limited, because of any irregularity or
defect in the proceeding leading up to
the levying of the assessment, where
on same is based, or in the collection
thereof, or the proceedings leading in
to the salo of said nroifity. the city
shall, upon the application In writing
wetting forth said facts with a certi
fied copy of such judgment or decree
attached thereto, repay to Ihe pur
chaser at said sale, or his assigns, the
amount paid bv him at said sale, to
gel her with all special assessments,
imprests, penalties and costs' thereon
paid by him at or since such salo with
Interest thereon at the rate of six per
centum ((!', per annum.
The City Rocorder shall charge for
the issuance of each certificate ofsale
the sum of fifty cents; for each deed
the sum of one dollar.
EORECLOSURE.
Section- IS. The city niav proceed
with tho collection or enforcement
of any delinquent assessment, or de
linquent installment, wether Ihe same
become a lien after this act shall be.
come effective, or prior thereto, by
proceedings in ourt therefor in aii
action brought in its own name in the
Circuit Court: of Jackson county. H
shall not be necessary Pi bii;ig a top
urate suit for each such separate
pie re or parcel of prj-iorty delin
quenl, but all or any part of the
property delinquent may bo proceeded
against In the sumo action, and all or
any of the owners or persons inter
ested in any of tho property so de
linquent may he joined as parties de
fendant in the action to foreclose, and
all or any lions for such delinquent as
sessments or installments thereof,
may he foreclosed In such proceeding.
Such proceedings shall bo tried before
tho court without a jury. In any such
proceedings it shall be suffirint to
allege tho passage of the ordinance
providing such improvement, the mak
ing of such Improvement, the lowing
of tho assessment, its entry on Un
consolidated lien docket, tho date of
delinquency of sueh assessment or in
stallment, and that such i'sser.smenl
was not paid prior to such dollummnov
nr nt all. Such lien docket, or duly
iiiiiiifiunnuMi copy uiereoi. snail be
prima facie evidence of the regularity
nnd legality of the proceedings con
nected therewith, and the burden nf
proof Bhall be on the defendants. Pi
any such action whore tho owners or
parties interested in anv particular
lot, tract or parcel of hind or other
property Included In such suit, shall
suffer a default, the court may enter
Judgment of loreclosuro and sale ns
to such parties and property so in do
fault and order execution thereon, and
the action may proceed as to the re
maining defendants and property. The
judgment of the court shall specify
separator)- the amount of the assess
ment, or imtallmom thereof wbb In.
teres penalty and costs, chargeable
lo tho several lots, tracts and parcels
of land in such proceedings. Sueh
Piqgment shall have thn efieet of a1
separate judgment ns to each lot.
tract or parcel of land, described fn
such Judgment, and anv aitne:.) from!
such judgment shall not invaMd tto m
lemv the p.ifgnient except to the
pioperiy caroming which the ai-oeitli
is taken, lu entering judgment the
court shall decree that such lots,
tracts or parcels nf imd be void to
enforce such iudgment. and execution
shall issue for tho enforcement of;
sucn decree. Judgment may be en
tered as to any no or more separate
lots, tracts, or parcels of land Involved
in such proceedings, and the court
may retain jurisdiction of the cno
as t'i the balance. All proceedings
so K-'ementat to Judgment. Inolndtii':
: ,).' . . !. of sale, salo. period of
redemption and the issuance of deed,
phall be had and con.incied in accord"
a;ice with th- l.iw, now or here trier
m Moe, rehiring to propiqiy void un
der or ni-on foreclosure of real es
tate mortgages. ' . : ,"
LIEN OK PURCHASER.
Section 19. The puVehaser at' any
sale authorized in thiff act acquires a
Hen on the properties so hid hi by him
for the amount paid by him at -such
sale as well as Tor all taxes and dev
liuRiiont assessments, or dellnqueiidLp
installments thereof, nnd certificates
of doliuquouoy. and nil interest, pen-'
allies, costs and charges thereon
whether levfr'd previously or subse-.
nuontly to such sale, and whether for
state, county, city or school district
nnmoses. subseoueiitly paid bv him
on such property, and shall ho en
! titled to intorest nt the rate of fifteen
'per cent (15'') i,pr annum ou tho
("original amount paid by him from tire
I dato of said salo. and upon such sub
1 i irt H,.t n r
sequent pa uieum i ";
the payment of the respective;
amounts. 1 '' ' '
LOCM , -'ASSESSMENT TO RE TN"
C'Ll'DFT) IV C'EliTIEirATES OF DE
LlXOUENf'Y FOR ft FN ERA L TAXES
Section 2d. Tho li'ildc of any cer
tificate of delinquency for general
taves shall, before commencing any
action to- foreclose tin? Hen of. such
covtlficalo. pav in fu'l al1 local assess
ments or installments I'tbnmof out
standing against the whole or auy por
tion of the nmnorty included in such
certificate of delinquency. ov. he may
elect to proceed to acquire titlo t
such property subject to certain or nr?
local assessments as liens thereon, in
which case the comulaint, decree of
foreclosure, order of sale Bale cer
tificate of. sale and deed, shall so
stato. If such holder nhnll pay such,
local assessments, he shall he entitled
to fifteen per cent (lT.'d interest per
annum on the amount 'if tho delin
quent assessments or delinquent In
stallmentB thereof so paid, from dato t
of payment. JL
In any suit to foreclose any lien for
general taxes upon any nmperty, a
copv of the complaint shall he served
on the Recorder of the city within five
daya after such complaint is filed. Ia
any case where nnv property shall bo
struck off to or hid in by tho county
at any sale for general taxes, and such
oroperty shall subsequently be sold
by the county, the pinooeds of such
sale shall first he a pulled to discharge
in full the Hen or lieny for general
taxes for which the same was sold,
and the remainder, or si:ch portion
thereof as may be necessary, shall ho
paid to the city to discharge all lo
cal assessment lions upon such prop
erty, and tho surplus, if any, shall ho
distributed among the proper county
funds.
. REASSESSMENTS.
'"Section il. Whenever heretofore or
hoivaflor the council has caused, or
npiy eaur-o, any street or alley to ho
improved, or lias caused auy Bcir
lo ho laid, and has. or may herealTer,
assess or attempt to assess upon tho
property adjacent thereto or benefited
thereby tho cost of such improvement,
and said assessment by reason of any
failure to give any roquisfte notice or
by reason of any oilier defect in tho
proceedings leading up to the making
of such improvement or Ihe levying
of such assessment, shall he declared
to be void by any court, or If the coun
cil shall be of the opinion that said
assessment is illegal or doubtful by
reason of any such omission or dor .
feet, said council may cause the cost if
of f-ald Improvement lo be re-ansessed
against the property adjacent to said
improvement or benefited .thereby, ill
the following manner:
The council shall declare by reso
lution its Intention to make such re
assessment, which resolution shall
briefly describe the improvement and
shall declare the intention of the coun
cil to assess the cost thereof upon tho
property adjacent to said 'improve
ment, or benefited thereby, describ
ing in said resolution each parcel of
properly which it intends so to re
assess and the amount it proposes to
asoss against each parcel. Such res
olution shall fix the time and place
for holding a meeting of the council
at which all protests against re-assessing
the costs of said improvements
against adjacent property, or property
'H-noliied U-o.oby. shall be honrdtyKald
resolution shall be published, the dato
of the first publication of which shall
bo at least Ion days before tho dato
of said hearing.
At said hearing tho council shall
consider alt protests against the levy
ing of such assessment, atid if after
considering ihe matter tho council
shall determine that tho property ad
jacent to said improvement, or any
other property has boon specially ben
efited (hereby, it may cause the cost
of said Improvement to be assessed
against said adjacent property, or
other property specially benefited by.
said improvement to the extent of the v.
special benefit so received by said f
property therefrom: Provided, hw
over, that no parcel of property shall
fie sj assessed unless the same has
been described in the notice of inten
tion to make reassessment above pro
vided for, and no parcel of property
sha'l be assessed for a greater amount
than the amount designated therefor
in said notice. In determining ho
property to be assessed and the
atnou'it to bo assessed against each
parcel of property, the provisions of
the charter and ordinance for making"
an original assessment shall he fol
lowed by the council In making Mich
re-assessment.
The council shall havo the right to
assoss any parcel of properly for said
improvement, notwithstanding t ti
same may not have boon assessed in
the original assessment proceeding
In case tho council find said properly
specially benefited by said 1 Improve
ment, and the provision of the char
tor relating thereto otherwise gives
the council power to assess said prop
erty. In making said ro-assossmenr.
tho council shall distribute the cost
of said Improvement between tho var
ious parcels adjacent thereto or bene
fited thereby in proportion to the hen-
MiM received or the front ago. of th-'
prnp"r1y on fafd ImprovoTppnts, as the
case may be, assessing no parcel an i
greater amount than tho actual U-n-
(fit received by it from said improve
ment, but the council shall enter no
assessment against any parcel of
p-nperty which has been previously
assessed and which assessment has
been paid. Any existing assesfnin!S
?o n :ssessed shall be marked "Can
celled y Reassessment." Said reas
sessment shall be declared by ordi
nance and entered In the city lien
docket and collected in Hie same mnii
tier a f!i" origin:!' assessments shall
be collected u:u!er the provision of
this charier and the ordinance of tho
Citv.
tHtM Wi CS Ab HE SOLUTIONS.
Scotjnn J' The uunmimdceuncl