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