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About Tillamook headlight. (Tillamook, Or.) 1888-1934 | View Entire Issue (June 25, 1914)
I street within the city, the Common er of Tillamook Citv Orecon ■ Council shall pass a resolution de- BE IT ENACTED BY THE PEO I daring its intention to make such TLE OF TILLAMOOK CITY I change of grade and describing the OREGON. AS FOLLOWS ’ I same. Said resolution shall be kept nf^rnt10" 'L J-he Conimon Council I of record in the office of the City ,0! a.?'.O.ok 9 ty *.* xiiiamooK Vity is »«»horized authorized and I Recorder, and shall be published for ?'...„L. within the limits of Tilla I not less than two consecutive weekly empowered rnook Citv, Citv. whenever it may deem I publications in some newspaper pub- I it mook nt , to open, lay out, estab- I fished in Tillamook City, together lull, exped; alter, extend, vacate or I with a notice to all persons concern- close widen, streets, and to appropriate and I cd giving the time and place, which condemn private property therefor I shall be not less than 20 days after to assess any special benefit aris I the date of the first publication of amt ing from any such matters and to I said notice and resolution, when and make the same a lien against proper I where the Common Council will have ty benefitted. I and determine all objections and re- Section 2: Whenever the Common I monstrances to said change of grade, Council shall deem it expedient to I and provide for the matter of bene- lay out, and establish, or widen any I /fits or damages on account of said street, it shall direct the City Survey of the City Recorder forthwith to moneys arising from such assessment in two consecutive weekly issues of a Notice of Completed Contract. send by mail, postpaid, a notice of of benefits shall be kept in a separate newspaper published in Tillamook each assessment, stating the date fund and be applicable to the satis City, Oregon, by the City Treasurer, Notice is hereby given that U. G. when the same will be considered by faction of the excess of damages ov within one month prior to the pro Jackson, County Surveyor, for Tilla the Council, and directing all persons er benefits assessed to the owners posed redemption, which shall be con mook County, Oregon, has filed in interested to present in writing their and other persons interested in the clusive notice to the holder of said this office his certificate for the com objections to said report, if any they property taken or damaged for the bond or bonds, and interest on such pletion of the contract of Chas Ea- have, to the owner (if known) of purpose of laying out, establishing bond or bonds shall cease after the som on the l.oerpabel County Road, each lot, or part thereof, or tract of or changing the s’rert in the matter date fixed in said notice for redemp :ftid any person, firm or corporation, land assessed, any part of which is in which such benefits are assessed tion. having objections to file to the com appropriated for the proposed street, and for the payment of the expenses pletion of said work, may do so with or to the agent of such owner when incurred by the City for surveying, in two weeks from the date of the A MEASURE the post office address ofsuch owner advertising and viewers in said pro To Amend thcChartcr of Tillamook first publication. or agent is known to him, and if such ceedings. Dated this the 17th day of June, City, Oregon, by adding there postoffice address be unknown to him, Section 12: Whenever the full a- 19>4- to an Article to be known then such notice shall be directed to mount of the assessment of benefits J. C. HOLDEN, as Article XIII. such owner or agent at Tillamook as entered in the docket of City Liens BE IT ENACTED BY THE PEO County Clerk. City, Oregon. If such report shall ap is paid into the City Treasury, war PLE OF TILLAMOOK CITY, pear to the Council to be in all re rants shall be drawn on the Treasur OREGON, AS l Ol LOWS: spects reasonable and just, it may be er, payable out of the fund to be pro Notice of Completed Contract. Section 1: The Charter of Tilla change of grade. The City Engineer, or to survey such street, or change adopted by ordinance embodying vided for that purpose, for the a- mook City, Oregon, is hereby amend within three days after the first pub I therein as the case may be, and to such report. Or if it shall appear to lication of said notice and resolution, make a report thereof containing a the Council that the damages or ben mount of excess of damages, or ex ed by adding thereto an Article to be Notice is hereby given that U. G. cess of damages and costs assessed, ■ shall cause to be posted in at least ■plat of the survey of such street or efits assessed be unreasonable, un and in favor of the owner or owners, known as Article XIII, which shall Jackson, County Surveyor for Tilla read as follows: I mook County, Oregon, has filed in two places on the street or streets at change, showing the boundaries there or insufficient in any respect, the or other persons interested, and when ARTICLE XIII. I points effected by such change of of, and of that portion of each lot or just this office his certificate of the com Council may send the same back to said warrants therefor are drawn and Section 1: The initiative and refer pletion of the contract of F. C. Feld grade, a notice headed “Notice of tract of land to be appropriated for the viewers for further consideration, ready for delivery to the parties en Change of Grade” not less than one , street or change, which report and the viewers may alter and revise titled to the same, such property shall endum powers reserved to the people schau, for the concrete bridge, over inch in length, and shall in legible shall be made to the Common Coun the same as they shall deem just and be appropriated for the purpose of of Tillamook City by the constitution W est Beaver Creek, and any person, .characters state that such a resolu cil within ten days from the time the again report the same to the Council such street and not otherwise; pro of the State of Oregon as to all local, firm or corporation, having objec tion has been passed by the Common same is ordered, unless the Council who may thereupon adopt or reject vided, that no process of any court special and municipal legislation of tions to file to the completion of said Council, the date thereof, approval, grant further time. Should the Coun the same, or the Council may appoint shall issue to compel any appropri every character in and for said Tilla work, may do so within two weeks of change of grade proposd, and the cil deem said survey, plat and report new viewers with like powers, duties ation for damages or the issuing of mook City, shall be exercised as may from the date of the first publication. time within which written objections satisfactory, it shall adopt the same and obligations as the first viewers warrants for the same. And unless be provided for by the Common Dated this the 16th day of June, 1914. J. C. HOLDEN, or remonstrances against the same by ordinance embodying such report. to make such assessments and awards such assessments are collected, and Council of Tillamook City. Oregon, County Clerk. may be made. An affidavit shall be I Section 3: Thereafter, and within and to report the same to the Coun said warrants are so drawn and ready subject to the provisions of said con stitution, provided, however, that no filed with the City Recorder of the 60 days from the adoption of such cil, which shall have the same power for delivery within nine months after ordinance of Tillamook City, Oregon, posting of said notice, stating therein report, the Council shall appoint over such report as over that of the the termination of the time limited Notice to Contractors. shall go into effect within less than the date when, and the places where three disinterested freeholders of original. for appeal, if no appeal be taken, or thirty days after its passage by the the same had been posted, and the I Tillamook City to view such propos Section 6: The owner or ow’ners within nine months from the rendi Sealed bids addressed to theCounty publication of said notice shall be ed street, or change, and to make of any lot, tract or part thereof so tion of final judgment on appeal, if Common Council and approved by proved in the manner provided by an assessment of damages and bene to be appropriated as aforesaid, or of an appeal be taken, all acts and pro the Mayor, unless the same shall be Court of Tillamook County, Oregon, passed over his veto, and in that case for the proposed improvement at law for the proof of publication of fits as provided in the next following the improvements thereon or any ceedings under such survey and view, j section, and shall assign a day and person having an interest therein, or shall be null and void, provided that it shall not take effect and become Killam Creek, in Tillamook County, such matters. operative until thirty days after such Oregon, will be received by the Coun Section 29: At any time within 20 place for them to meet, and shall any person against whom an assess the Common Council may order the final passage, except measures neces ty Court of Tillamook County Ore days after the first publication of the cause a notice to be given by publi ment or benefits has been made, may whole amount of damages allowed, sary for the immediate preservation resolution provided for in the preced cation for at least four successive appeal to the Circuit Court of the or such part thereof as it may deem of the peace, health or safety of the gon at its office in Tillamook City, Oregon, on or before the 26th day of ing section, the owner of more than weeks in some newspaper published State of Oregon, for Tillamook Coun proper, to be paid out of the general VILA, City, .II1U and I1U no 51K.I1 such UHlUrgt emergency IU measure one-half of the property affected by in Tillamook City of the appointment ty, from such report and assessment funds of the City, or may order the i shall become immediately j operative June, 1914, at to o'clock a.m. and at such change of grade may make and of such viewers, with their names and of damages end benefits. Any nun. same to be so paid temporarily, and unless it shall state in a separate sec- that time opened and read. Each bid shall be accompanied by file with the City Recorder a written the time and place for them to meet, ber of persons may join in sue t ap that the general fund be reimbursed tion the reasons why it is necessary objection or remonstrance against and specifying with convenient cer- peal, and the only question to be de for said payments from the special that it should become immediately a certified check made payable to Tillamook County, for an amount the same, and said objection or re tainity the boundaries and termini of termined by such appeal shall be the I ! fund provided for that purpose when operative and shall be approved by equal to 5 per cent of the amount of monstrance shall be a bar to any fur the proposed street or change, and question of the excess of damages the same shall be collected. the affirmative vote of three-fourths The Recorder shall not deliver any of all the members elected to the such bid, which shall be forfeited to ther proceedings thereto for a period the boundaries and description of the over benefits and the excess of bene the Count)', in case an award is made of six months, after which, if the private property to be appropriated fits over damages suffered and re warrant for damages on account of Common Council taken by ayes and and shall fail, neglect or Common Council proposes to change for such purpose and specially noti ceived by each person joining in such the opening or widening of a street noes, and also approved by the May- refuse the for bidder a period of five days after until the person in whose favor such or. said grade the same proceedings shall fying all persons claiming damages appeal. which the award is made to enter in I by reason of the appropriation of be had as in the first instance. Section 7: An appeal shall be tak warrant is drawn shall have exhibit Section The Common Council to a contract and file a bond satis- Section 30: If no such written ob such property to file their claim for en by serving a notice of appeal with ed to him satisfactory proof that may provide for the submission to factory to the Court as required by jection or remonstrance be filed with such damages with the Recorder be in 20 days from the adoption of the there are no prior liens on the land the legal voters of Tillamook City law. in the time designated, or if the com fore the time so appointed for the report of the viewers by the Council appropriated which may be affected for their approval I or rejection any The bids are to cover the excava- mon council finds that such objection ' meeting of the viewers, and the Re upon the Mayor, Recorder or Attor by such appropriation. ordinance or charter provision, or Section 13: And when said war amendment, without a petition there ting and grading of the County road, or remonstrance is not legally signed corder shall also send by mail, post ney of the City, and filing an under building a reinforced Concrete Bridge by the owners of more than one-half paid, a copy of such notice to each taking with one or mare sureties who rants are drawn and ready for deliv for, and may provide for the calling across Killam Creek, and removing of the property affected by the pro of the property owners whose prop shall possess the qualifications of ery to the parties entitled to the same for special elections to vote upon any the old wooden bridge, according to posed change of grade, the Common erty is proposed to be appropriated, bail upon arrest in a civil action, and the property required for public use ordinance, or charter amendment re plans and specifications on file in the Council shall be deemed to have ac- or to the agent of such owner when shall justify in like manner, condit as shown in the report of the City ferred to the legal voters of the City office of the County Clerk, quired jurisdiction to change by or I the postoffice of such owner or agent ioned that the appellant will pay all Surveyor shall be deemed appropri by petition or otherwise, but no such The County Court reserves the dinance the grade as described in the is known to him, but if such post costs and disbursements that may be ated for the purpose of the street, and election shall be held without 15 days right to reject any and all bids, dated office address be unknown, then such awarded against him on appeal, not the Council shall be deemed appro notice thereof being first given by resolution previously adopted. this the 4th day of June, 1914. with priated for the purpose of the street, publication in two or more consecu- | Section 31: When the grade of any notice shall be directed to such own exceeding $300.00, together J. C. Holden, County Clerk, street has once been established, and er or agent at Tillamook, Oregon. proof of service of such notice in the and the Council shall by resolution tivc weekly issues of some newspaper First publication June 4. any permanent building or improve The published notice herein provided office of the Clerk of the Circuit declare such street to be opened, laid published in Tillamook City, Oregon, Last publication. June 2S. out, established or changed, and with which notice shall contain the full ment has been constructed on any for shall be deemd conclusive notice Court. Section 8: The City shall be con in thirty days after the adoption of text of the measure to be voted upon lot abutting said street, or affected by to all owners of property whose Notice Closing Stream«. such change of grade, the owner or property shall be appropriated for sidered the plaintiff, and such appeal said resolution the City Surveyor at said election, together with the I shall be conducted and be heard and shall file for record with the County form in which said question will be owners of any such permanent build such purpose. Clerk of Tillamook County, a copy Section 4: The Recorder shall, at determined, and the judgment there ings or improvements during the time submitted upon the official ballot for KNOW ALL MEN BY THESE designated for filing objections or least five days before the date set on enforced, as far as practicable, in of said resolution, and an accurate I voting thereon, and said election PRESENTS, that, whereas for the plat of said street and of the proper remonstrances, may file with the City for such meeting, cause said viewers the same manner as an action at law shall be held within thirty days from purpose of propagating, stocking and Recorder a claim of damages by to be notified of their appointment, The jury shall view the proposed ty so appropriated for public use. date of the first publication of protecting the salmon fish which fre Section 14: The Council may pro the reason of such proposed change of and of the time and place of such street, the property to be appropriat said notice. Like notice shall be quent the waters of Nestucca River grade, and such claim shall describe meeting, and said viewers shall meet ed, and the property against which vide by ordinance any regulations as I given of the submission of any ques and its tributaries, in Tillamook, the land upon which such buildings at the time and place designated, and benefits are assessed, and the evi to the manner of opening, laying out, tion which is to be voted upon at any ( ounty, state of Oregon, the State or improvements stand, and an es shall then be sworn to faithfully dis dence of damages and benefits may establishing or changing streets not general election held in Tillamook Board of Fish and Game Commiss conflict with this Charter, and may City, Oregon. timate of the value of said buildings charge the duties assigned them. be introduced by the city and the ap in ioners has decided to close, the said by ordinance anything con or improvements, and of the damages They shall then, or on any subse pellants, but the issues, testimony and provide Nestucca River and its tributaries venient and necessary for the effect which said change of grade will quent day on which they may adjourn verdict upon such appeal shall be ual above a point on said Nestucca River A MEASURE. carrying out of the spirit and in • cause thereto, and said claims, and (which adjournment shall not exceed confined to the parties appealing, and tention To amincnd the Charter of Tilla one hundred (too) feet below the of this Charter. all statements contained therein, shall one week at a time) proceed to view the jury shall not reassess any dam mook City, Oregon, by adding there lowermost portion of the confluence be sworn to by the party or parties ' the proposed street or change, and ages or benefits not appealed from. to an Article to be known as Article of Horn Creek and the Nestucca Riv A MEASURE owning said buildings or improve- i to determine and assess how much, The jury in making the reassessment XIV providing for the refunding of er, to prevent fishing therein by any To amend the Charter of Tillamook of damages or benefits, shall, in its if any, less valuable lands, or any ments and the land, or by their a- I the outstanding warrant indebtedness means whatever, except with hook City, Oregon, by adding thereto gents or local representatives. There- | part thereof through or over which determination of the same, be gov and line, commonly called angling, of Tillamook City, Oregon. an Article to be known as Ar after the Common Council shall ap- | ¡the proposed street is to be opened erned by the same laws and in this BE IT ENACTED BY THE PEO for salmon fish during the period of ticle XII charter provided for the action of laid out, established, or changed, will time hereinafter specified. point three disinterested freeholders < PLE OE TILLAMOOK CITY, NOW, THEREFORE, NOTICE of Tillamook City, Oregon, having be rendered thereby; and shall also viewers. The verdict of the jury shall BE IT ENACTED BY THE PEO OREGON, AS FOLLOWS. PLE OF TILLAMOOK CITY, be a final and conclusive determi ascertain the respective interest of IS HEREBY GIVEN by said State the same qualifications as viewers for Section I: The Charter of Tilla OREGON, AS FOLLOWS: Board of Fish and Game Cominiss the opening, laying out and estab all persons claiming to be the owners nation of such assessment, unless the Section 1: The Charter of Tilla mook City, Oregon, is hereby amend ionrrs that said Nestucca River and lishing of streets, to estimate and of the lands or other property afore judgment rendered in such case shall ed by adding thereto an Article to be determine the damages that will be said, or of the improvements thereon, be reversed or modified on appeal. An mook City, Oregon, is hereby amend known as Article XIV, providing for its tributaries above a point on said sustained bythe owners ofbuildings or or to have any interest in such lands, appeal to the Supreme Court of the ed by adding thereto an article to be the refunding of the outstanding Nestucca River one hundred (too) improvements affected bysuch change or improvements, and the damage State may be taken from such judg known and designated as Article XII, warrants of Tillamook City < fregon, feet below the lowermost portion of of grade, and to assess the benefits which each of said owners, respect ment in the same manner as other to read as follows: which amendment shall read as fol the confluence of Horn Creek and the ARTICLE XII. Nestucca River, are and each of them accruing to property benefitted by ively, will sustain, but the right and judgments of such Circuit Court and lows: Section 1: It shall be the duty of is hereby closed to fishing by any such change of grade. The viewers title of the owners of such improve with like effect. ARTICLE XIV. Section 9: If any appellant fails to the Mayor, whenever necessary, to shall be appointed, and they shall ments shall not be affected by such Section 1: T he Common Council means whatever, except with hook greater damages, or to se- procure blank bonds of suitable de I of Tillamook City, Oregon, is hereby and line, commonly called angling, qualify, and notice of their meeting. . proceedings, and the appropriation of ^recover a more favorable assessment of sign, and cause the same to be prop authorized to issue general bonds of for salmon fish, from and after 6 and of the filing of their report, shall such lands, if such owner shall with I cure as the case may be, than erly prepared in amounts of not less Tillamook City, Oregon, upon its o'clock P. M. on the 15th day of July, all be done in the same manner as in 60 days after the appropriation of benefits, were assessed by the viewers, judg- than $100.00 each, made payable with faith and credit, to an amount not ex- A. Il, 1914, until said streams are similar acts and proceedings are done such lands shall be completed, or mnt shall be rendered against him in a period of not to exceed twenty in the opening and laying out, and within such further time as the Coun and his sureties on appeal for his pro years, with interest payable either an I ceeding $70,000, and to apply the pro opened to salmon fishing again in establishing of streets. The said view cil shall allow therefor, remove such portion of the costs of such appeal to nually or semi-annually as may be I ceeds from the sale of such bonds to accordance with Section 5316 of ers shall include as a part of the ben improvements from such lands. Other be paid pro rata according to the re directed by the Common Council. All the discharge and payment of the Lord’s Oregon Laws, and it is and efits assessed the amount of their wise such improvements shall become spective amount of damages and ben such bonds shall have designated outstanding city warrants of Tilla will be unlawful to fish for, or take or catch any salmon fish by any compensations for services, which and be the property of Tillamook efits assessed. The same fees and thereon "Water Bonds", "Street jmei im 1m- mook City, Oregon, and for neccs- shall be the sum of $3.00 each for City. Said viewers shall also make a costs shall be taxed and paid upon provement Bonds", “General Bonds”, sary running expenses of said city means whatever, except with hook 1 Provided, “ how- and line, commonly called angling, each day actually engaged in said just and equitable estimate and as such appeal as are allowed in other or otherwise as the case may be. for the year 1914. during the said period of time above ever, that no part of said proceeds service, but in no case shall the a- sessment of the value of the benefits actions. None of said bonds shall in any event shall be used for the payment in specified. mount of such assessment of benefits and advantages of said proposed Section 10: In all actions, suits and be sold otherwise than for cash, nor Any and all persons whomsoever exceed the actual benefit to the lot street or change to the respective proceedings concerning the opening, shall they be sold for less than the whole or in part of any such warrants so fishing in violation of this notice or parcel of land, or other real prop owners and other persons interested laying out, establishing or changing par value thereof, and the rate of in which have heretofore, or may here- will be prosecuted as by law provid* erty so assessed, deducting therefrom in all lands or other property which of any street under the provisions of terest thereon shall not exceed six after be issued without any consider- ed. ation therefor having been received any damages or injuries to the same said viewers shall deem specially this Charter, all proceedings had for per cent per annum. State Board of Fish and Game by said Tillamoook City. which are less than said benefits. Nor »benefitted by such opening, laying that purpose shall be presumed to Section 2: No bonds of any char Commissioners. out, establishing or change. Said Section 2: None of the bonds here shall any damages be awarded for have been regularly and legally tak acter shall ever be issued upon the by authorized shall be sold otherwise By Floyd Bilyeu, B E. Duncan, any building erected prior to the viewers shall thereafter, at their ear en, until the contrary is shown. faith and credit of Tillamook City, Geo. H. Kelly and M. J. Kinney, liest convenience, report the assess than for cash or in exchange for out establishment of the grade which is ment for damages and benefits as fin Section it: The Council at the ex except after the passage of an ordi Commissioners. proposed to be changed, and no a- this Section required to the Common piration of the time limited for ap nance by the Common Council auth standing city warrants, and in no Dated at Portland, Oregon, June 9, event for any less than the par value ward of damages to any person shall ^Council. but any failure to state the peal, if no appeal be taken, or immed orizing the same, which ordinance 1914. thereof, but the holder of any such be greater than the amount claimed name of any owner, or mistake in the iately after judgment is rendered on shall always be subject to the power and sworn to by said person as here name of any owner, or a statement appeal, if appeal is taken, if it shall of the referendum reserved to the warrants, the payment of which is SUMMONS. inbefore provided, and if in the judg of a name other than that of the true ■deem it adviseable to open, lay out, legal voters of Tillamook City, pro not prohibited by the provisions of ‘ T ‘ may , exchange *_ _ such war- ment of said viewers the whole owner, in such report, or in the or establish or change said street in pur vided that the Common Council upon this s Article, amount of said damages and com dinance adopting such report in the suance of said judgment, shall by res the passage of such ordinance may I rants, with the consent of the Com In the Circuit Court of the State of pensation of viewers shall exceed the docket of city liens where the same olution direct the Recorder to enter provide for its submission to the peo mon Council, for said bonds, said Oregon for Tillamook County bonds to be taken at par with accrued actual benefit of the specific property is entered, or in any notice required in the docket of city liens the respec ple for rejection or adoption, and John Matela, plaintiff interest and the said warrants to be subject to assessment, they shall so by this Charter, shall not render void tive sums of benefits over damages so provided also that if any ordinance vs. indicate in their report. The said nor in any way affect the lien of such assessed, upon each particular lot or shall be passed or adopted by the put on the same basis. Sanni Matela, defendant. Section 3 The bonds hereby viewers shall make a report of their assessment upon the property assess parcel of land, and the names of the Common Council au’horizing the issu i To Sanni Matela, the above named findings of benefits and damages to ed The viewers shall receive as com owners or other parties in interest in ance of bonds for any purpose, and authorized shall only be issued after defendant: the passage of an ordinance by the the Common Council, and the same pensation for their services, the sum the lands or other property benefitted the same shall be approved by the In the name of the State of Ore shall be heard, considered and adopt of $3.00 each for each day actually and assessed in like manner as as Mayor, or if disapproved by him pass I Common Council authorizing the gon: You are hereby repuired to ap same, and said bonds shall be payable ed, and the assessments of benefits ... ......... rendered in such service, to be paid sessments for street improvements ed over such disapproval, and if the pear and answer the complaint filed shall be levied, docketed and collect by the city and charged as costs, and are entered in said lien docket, and power of the referendum be not within a period of not to exceed against you in the above entitled twenty years, to bear interest at the ed, and kept in a seperate fund. An assessed as part of the benefits by when so docketed said sums shall be thereupon invoked, the issuance of Court and suit, on or before the last appeal from said report may be taken said viewers, and shall prepare all a lien or charge upon the estate and such bonds shall be deemed authoriz rate of not more than six per cent, da y prescribed in the order for the per annum, payable annually or semi interest of the respective owners and ed without any election called for pu blication of summons made herein, and the findings of the jury in such reports for them. annually as the Common Council cases shall be final and conclusive in Section 5: Upon the filing of said parties interest in such land:, or other that purpose, except that in case the may determine, with the right there which said order was made, and is the same manner, to the same extent, report of viewers with the Recorder, property and also the said owners Common Council shall by ordinance dated May zH, 1911, and if you fail reserved to Tillamook City to re so to answer for want thereof, the and with the same effect as provided he shall immediately cause a notice and other persons interested, as afore provide for the issuance of street im in deem and cancel any or all of said plaintiff will apply to the Court for in the opening, laying out, establish to be published for a period of two said, shall be respectively and sever provement bonds without any guar bonds upon payment of the face the relief prayed for in his complaint ing and changing of streets. When weeks in a newspaper published in ally liable to pay said assessments, antee of the payment thereof in thereof with accrued interest to the on file herein, towit; that the bonds such assessment is fully collected the Tillamook City, Oregon, of the filing and in case no appeal or other pro I ’whole or in part out of the general date of such payment at or after five of matrimony now existing between Common Council may change the of said report, giving the date not ceedings in Court be taken as to any funds of Tillamook City, such ordi years from the date of such bond. prade of said street, and warrants less than 20 days from the date of the such assessment of benefit or dam nance shall not be subject to the pow Such bonds shall be redeemed by plaintiff and defendant be forever dissolved. shall be drawn upon the special fund first publication of said notice, when ages, the said excess so assessed ers of the referendum Section 3: All bonds issued by Till consecutive numbers, commencing This summons is served upon you, so provided in favor of the person en the same will be considered.by the shall be paid to the Treasurer of the with the lowest number, and notice by order of the Honorable Webster titled to damages. But if after the Common Council, describing with City of Tillamook within ten days amook City shall reserve the right of the intention of the City to redeem to the city to take up and cancel any from the time of entering the same Holmes, judge of the above named collection of any assessment as here convenient certainty the boundaries such bonds shall be published for Court, dated this 28th day of May, in* provided the Common Council of the district assessed by the view on the docket of city liens, or the or all of said bonds upon payment of any n»e two consecutive issues of a news the face thereof with accrued interest same shall be deemed delinquent; and 1914, and the date of the first publi shall not change the grade -of any ers in said report, and notifying all published in Tillamook City, cation of this summons is the 28th street, the amounts of any assessment persons interested to present in writ thereupon shall be collectd in like I to the date of such paymnt, at or af- paper Oregon, by the City Treasurer, with I ter five years from manner as provided for the collection the date of such day of May, 1914, and the date of the so collected shall be refunded to the ing their objections to said report, if in one month and not less than ten person or persons paying the same any they have, and said objections, of other delinquent assessments by bond, which right of redemption is days prior to the time fixed for the last publication, 9th of July, and the hereby vested in this Charter, excepting that if all the Tillamook City, the last date upon which you are re by and through their legal represent- if any there be. together with said re redemption, which shall be conclu ativesor successors in interest as to port shall be heard and determined property upon which assessments are .Such bonds shall be redeemed by sive notice to the holder of such quired to answer on or before is, and com mencing will expire on the gth day of Jutv, said matter. by the Council at the time specified due and delinquent is not sold at any consecutive numbers, bond or bonds, and interest thereon in said notice, or at such other time sale, proceedings may be begun for with the lowest number unpaid, and shall cease after the date fixed in 1914. a subsequent sale immediately after notice of the intention of the City to T. B. Handley, as the hearing thereof may be ad A MEASURE said notice for redemption. Attorney for pliantiff. To Amend Article VIII of the Chart- journed to. It shall also be the duty nhe'returns of a sale are made. All redeem any bonds shall be published I a I