Tillamook
CHARTER AMENDMENTS.
Headlight, July 23,
owned by him within such time after
the passage of the ordinance there­
for as the Common Council may
deem proper, not exceeding 60 days,
In order to cure a number of defects in the present and
if such improvements be not
City Charter and provided for the present floating in­ made by the owner within such time,
Common Council may thereupon
debtedness of the city, the Council have had the Citv the
proceed to provide for the same by
Attorney prepare a number of amendments to the char­ contract or otherwise as hereinbefore
ter. In order that a general discussion of the matter 1 luthorized.
Section 8: If the Common Council
may be had and anyone who wishes may offer sugges­ shall desire to have such improve­
ments or any part thereof made, or
tions, before the amendments are voted on, the Council the
furnishing of materials therefor
have ordered these published and the amendments pro­ done by contract, it shall direct the
Recorder to give notice by publicat­
posed, and the Resolution for their publication, are pub­ ion
not for less than three publica­
lished in the following :
tions in the city official paper, in­
viting proposals for making said im­
Resolved, by the City Council oi paper. The City Engineer, within provements, or furnishing said mater­
the city of Tillamook:
three days from the first publication ials, and may give such other notice
That a measure to amend article 7, of said resolution, shall cause to be i inviting such proposals as it may
a measure to amend article 8, a meas­ conspicuously posted at each end of : deem expedient, provided that not
ure to add article 12, a measure to the line of the contemplated im­ ! less than 20 days time shall be given
add article 13, a measure to add ar­ provement a notice which shall con­ I from the date of the first publication
ticle 14, to the Charter of the city of tain in legible characters a copy of ; of said notice for the submission of
Tillamook, prepared and submitted the resolution of the Common Coun­ I proposals thereunder. The Common
to the council in conformity with the cil, and the date of its adoption, to- 1 Council shall have the power to
recommendations of F. R. Beals, iretn r wi n a rtatsme it >t t e time . award the contract or contracts for
Mayor, in his message, be published within which objections and remon­ said improvement, and to impose
in two issues of the Tillamook Her­ strances thereto may be filed, and , such conditions upon the bidders in
ald and in two issues of the Tilla­ the resolution published in the city 1 regard to bonds and securities and
mook Headlight; and that the legal official newspaper shall also have i guarantees of the good faith and re-
voters, citizens and taxpayers of Till­ published in connection therewith a I sponsibilitv of bidders for insuring
amook City be invited to make and notice giving the information stated ' the faithful completion of the work
file with the Recorder, within sixty in the notice to be posted by the City J in strict accordance with the specifi-
days, objections and suggestions in Engineer. Proof of the publishing of j cations therefor, and to make all rules
relation thereto for the benefit of the said notices shall be made by the affi­ and regulations in the letting of con­
council before the passage thereof, davit of the City Engineer, as to the tracts that may be considered by the
and before submission to the voters notices posted by him, and of the Common Council as advantageous to
for adoption or rejection; and the printer of the newspaper in which the City, and as a part of said regula­
costs of such publication be paid out Speh notice is published, as to the tions they may require that the con­
publication thereof, which affidavit tractor, or contractors, agree to main­
of the general fund.
shall be filed with the City Recorder, tain and keep in repair all improve­
All engineering expenses, cost of ad­ ments made under said contract for
A MEASURE
period of time (not exceeding
TO AMEND ARTICLE VII OF vertisement, cost of superintendency such
and other incidental costs and ex­ 10 years) as the Common Council
THE CHARTER OF TILLA­
penses necessary to carry into effect may determine.
MOOK CITY. OREGON.
Section 9: Such contract or con­
the resolutions and ordinances au­
Be it Enacted by the People of thorizing the improvement, shall be tracts shall only be let to the lowest
Tillamook City, Oregon, as follows: included in the estimate of the entire responsible bid, for either the whole of
Sectionl: Article VII of the Char­ cost and in the assessment upon the said improvements or such part there­
ter of Tillamook City, Oregon, is property benefitted by such improve­ of as will not materially conflict with
hereby amended so that the same ment, except as to such part thereof the completion of the remainder
shall read as follows:
as the Common Council may in thereof, but the said Common Coun­
ARTICLE VII.
said resolution and ordinances pro­ cil shall have the right to reject any
Section 1: The term “street” as vide shall be paid out of the general and all proposals received by it if
used in this Article shall be con­ funds of Tillamook City.
they shall be deemed unreasonable
strued to mean any street, avenue,
Section 5: Within 20 days from or excessive, or which do not con­
boulevard alley or lane, or any public the date of the first publication of form to the rules of the Common
road which is now or may hereafter the said notice required to be pub­ Council relative to the matter of re­
be opened or dedicated to public use. lished as provided for in Section 4 ceiving proposals and letting con-
Section 2: The term “improve” of this Article, the owners of two- tiacts for street work, and provided,
and "improvement” as used in this Ar­ thirds or more of the area of the further, that no such contract shall'
ticle shall be construed to include all property within such improvement be let for a price in excess of the
grading or re-grading, paving or re­ district may make and file with the City Engineer’s estimate of the cost
paving, planking or re planking, ma­ Recorder a written objection to, or thereof plus 5 per cent.
cadamizing
or
re-macadamizing, remonstrance against said improve­
Section 10: It shall be the duty of
graveling or re-graveling, and all ment, and said objection and remon­ the Common Council to fix the time
manner of bridge work and roadway strance shall be a bar to’any further in which every such improvement
improvement or repair, and all man­ proceedings in the making of such shall be completed, and it may ex­
ner of constructing and repairing improvements for a period of six tend such time should the circum­
sidewalks, cross-walks, gutters, curbs, months. Provided, that if any such stances warrant. The Common Coun­
manholes, culverts, sewers, drains objection or remonstrance shall be cil shall have power and authority to
and tunnels within any of the streets signed by the agent or attorney of make all written contracts, to receive
in Tillamook City, or any part of any property owner, there shall be and approve all bonds authorized by
any such street.
Section,
to
provide
for
filed with the recorder within the this
Section 3: The Common Council, time provided for such objection, or the
proper
inspection
and
whenever it may deem it expedient, remonstrance, the written authority supervision of all work done under
is hereby authorized and enpowered for the signing of such objection or the provisions of this Article, and to
to order the whole or any part of the remonstrance, and otherwise such do any other act necessary to secure
streets of the City to be improved, signatures shall be disregarded.
the faithful carrying out of all con­
to determine the character, kind and
Section 6: If no such objection or tracts and the making of improve­
extent of such improvement, to *levy remonstrance properly signes as afor­ ments in strict compliance W'ith the
and collect an assessment upon all said be made and filed with the City ordinances and specifications there-
lots and parcels of.land specially ben- Recorder within the time designated, 'for.
Section it: Whenever any street
efitted by such improvement, to de­ the Common Council shall be deem­
fray the whole or any portion of the ed to have acquired jurisdiction to improvement is completed in whole
cost and expense thereof, and to de­ order the improvement to be made, or in part to the satisfaction of the
termine within the limits hereinafter and it may be thereafter, and within City Engineer, he shall file a certi­
specified what lands are specially ’three months from the date of the ficate of the completion and his ap­
benefitted by such improvement, and final publication of its previous reso­ proval of such work so completed
the amount to which each parcel or lution, by ordinance provided for the with the Recorder, who shall there­
tract of land is benefitted. Provided, making of said improvement, which after publish notice of such comple­
however, that whenever the owners shall conform in all particulars to the tion for not less than two puplica-
in fee of two-thirds or more of the plans and specifications previously tions in the city official newspaper,
àrea of the property upon which an adopted. When the Common Coun­ stating therein when the acceptance
assessment for improvement will be cil shall have so provided for the of the same will be considered by
made shall petition the Common making of an improvement as afor­ the Common Council, which time
Council to order improvements to be said, Tillamook City shall be deemed shall be not less than ten days from
made upon any of the streets of the to have appropriated and acquired the date of the first puplication of
City, specifying the particular por­ ownership of all earth above grade, said notice, and at that time, or at
tions thereof upon which the improve­ and within the street lines for said any time prior thereto, any owner of
ment is desired, it shall be mandatory improvement, and no private owner­ any interest in, or the agent of any
upon the Common Council to pro­ ship shall thereafter be claimed in property within the assessment dis­
ceed with the making of such im­ said earth. The Common Council trict of said improvement may appear
provement in the manner prescribed shall have power and authority in and file, or make objections to the
in this Article.
Provided further, providing for any street improvement acceptance of said improvements, and
that if said ow’ners of said propor­ also to provide for placing in the said objections shall be considered
tion of said property shall in and by street where said improvement is to and the merits thereof determined by
their petition agree upon the char­ be made, all necessary surface pipes the Common Council, and if it ap­
acter of improvement which they de­ for water, gas, heat, power, sewerage pears that said work or improvement
sire to have made and the material or any other purpose, and all con­ has not been completed in accordance
to be used therein, the Common duits for electric wires and other pur­ with the specifications and contracts,
Council shall be bound by the selecr poses that are or may hereafter be the Common Council shall require
tion so made, and in causing plans necessary. The Council may also the same to be completed before ac­
and specifications and estimates of provide a certain time after any cepting it. Whenever any work or
the cost thereof to be made, the same street improvement is made during improvement is accepted by the Com­
mon Council the Recorder shall en­
shall be made upon the basis of the which it shall not be torn up or dis- dorse
the approval of the Common
character of improvement so select­ 1 turbed, and shall also have power and
authority to provide that no opening Council on the certificate of the City
ed.
after the assessment
Section 4: Whenever the Common of any street shall be made without Engineer, is and
made and docketed, the
Council shall deem it expedient, it first obtaining permit therefore, and therefore
Mayor and Recorder shall draw war­
may, or upon petition presented in the Common Council shall have rants on the fund created for said im­
power
to
prescribe
and
enforce
all
conformity with Section 3 of this Ar­
provements in favor of the parties en­
ticle, it must provide as in this Arti­ rules regulating the opening of street titled thereto. When any work or
surfaces
in
all
streets
of
the
city
cle prescribed for the improvement
improvement shall have <ieen let or
of any street by proceeding in the which it may deem necessary to se­ performed by contract, the same
cure
the
replacing
of
the
street
in
following manner:
shall be paid out of the funds receiv-
It shall require the City Engineer good condition. And the Common edfrom assessments made as in this
to prepare and present to said Com­ Council shall further have the power Article provided, or out of funds de­
mon Council plans and specifications and authority, whenever the grade of rived from the sale of bonds issued
for the improvements desired, and any street has been established, to upon application of the owners of
estimates of the work to be done, and authorize the owner or owners of any property assessed for said improve­
the probable cost thereof, and the property thereon to cut down or fill ment, and no payments shall be made
engineer shall file such plans, speci­ up such street in front of said prop­ upon any such contract except out of
fications and estimates in the office erty according to such grade under the funds provided by assessment and
of the City Recorder. If the Com­ the supervision of the City Surveyor by bonds issued in conformity with
mon Council shall find such plans, or City Engineer, at the expense of the provisions of this article.
specifications and estimates to be such owner or owners. In giving such
Section 12: W'hen the whole of the
satisfactory, it shall approve the authority the Common Council may improvements covered by any one
same and shall determine the bound­ impose such terms and conditions as ordinance therefor shall have been
aries, of the district benefitted and may be necessary to secure the de­ fully completed and accepted by the
to be assessed for such improvement, posit of earth or other matter exca­ Common Council, the Common Coun­
and the action of the Common Coun­ vated from the street upon any part cil shall then cause the cost of such
cil in creating such assessment dis­ thereof which may need to be filled, work or improvement to be appor­
trict shall be final and conclusive. and to charge fees for such permits tioned to the property affected there­
Thereupon the Common Council to cover any expense incurred by the by within the improvement district
shall, by resolution, declare its pur­ City in the survey and inspection of established therefor as required by
pose of making such improvement, the work to be done.
Section 7: Immediately after the the ordinance authorizing the same,
describing the same and including
in the manner following:
said estimate of the probable total Common Council shall have deter­
Each lot, or tract, or part thereof,
cost thereof, and also defining the mined by ordinance to proceed with within the limits of said improve­
boundaries of the assessment district any improvement or work as herein­ ment district abutting upon any street
to be benefited thereby and assessed before provided, the City Council improved, shall be liable for the full
therefor, which district shall be des­ may proceed to make the whole or cost, or the proportion thereof here­
ignated as "Local Improvement Dis­ any part of such improvements, or inafter mentioned, or making said
trict No.————.” The action of the may proceed to let by contract the improvement upon half of the street
Common Council in declaring its in­ furnishing of all material for the in front of and abutting upon said
tention to improve any street or making of such improvements, and lot, tract or part thereof, and also
streets, or any part or parts thereof, to have the labor in making such im­ for a proportionate share of the cost
directing publication thereof, approv­ provements performed under the of improving intersections of two of
ing the plans and specifications and direction and control of the City the streets bounding the block or
estimates aforsaid, and determining Engineer. Or, the Common Council tract in which such lot, tract or part
the district benefited and to be ass­ may cause all or any part of such im­ thereof is situated, but th«- said total
essed thereby, may all be done in one provements to be made by contract cast shall be apportioned in accord­
and the same resolution. The reso­ in the manner provided in this Ar- ance with the following plan:
lution of the Common Council declar- tide, provided, that the. Common
Said local improvement district
Purpose to make such improve- Council mav. in its discretion, permit shall, for the purpose of ascertaining
the
owner
of
any
part
of
the
property
' h« kept of record in the
the amount to be assessed against
Recorder, and suall which is to be assessed for the cost each seperate lot, tract or parcel of
of
such
improvement,
to
make
the
three consecutive
land, or other property or part there­
city official news- improvement in front of the property
1041.
of within said district, be divided into
subdivisions, or zones, parallelling
the margin of the street to be im­
proved. Said subdivisions to be num­
bered respectively First, Second and
Third.
The First subdivision shall
include all the lands within the dis­
trict lying between the street margin
and lines drawn parallel therewith
and 35 feet therefrom. The Second
subdivision shall include all lands ly­
ing within the district lying between
lines drawn parallel with and 35 and
70 feet respectively, from said street
margin. The Third subdivision shall
include all lands within the district
lying between lines drawn parallel
with and 70 and ¡05 feet respectively
from such street margins. Provided,
however, that should the property
abutting upon the street or streets to
be improved be divided into blocks
of less than 210 feet, the improvement
district shall not, unless specially
provided by resolution establishing
the same, extend further back than
to the center of any such block, and
the said subdivisions shall be pro­
portionately reduced in size as to
such part of said improvement dis­
trict, unless the resolution establish­
ing said district shall provide that
said subdivision shall be of the full
width herein originally provided for.
Provided further, that in case of the
construction or repair of sidewalks
the Common Council may in estab­
lishing the local improvement dis­
trict there for provide that the total
cost thereof shall be assessed to and
charged against the lots or tract im­
proved fronting and abutting upon
that portion of said streets where
said sidewalks are to be constructed
or repaired, in which case no part of
the cost shall be charged or assessed
against any other property than that
immediately fronting and abutting
upon said street so improved.
The rate of assessment per square
foot in each subdivision shall be fixed
on the basis that the special benefits
conferred on a square foot of land in
subdivisions First, Second and Third
respectively are related to each other
as are the numbers 55, 30 and I5)jre-
spectively, and shall be ascertained
in the following manner:
The product of the number of
square feet in subdivision First, Sec­
ond and Third respectively, and the
numbers 55, 30 and 15 respectively,
shall be ascertained, and their sum
taken, which sum shall be divided in­
to the total cost and expense of such
improvement. The products of the
resultant quotient and the numbers
55, 30 and 15 respectively shall be the
separate rates of assessmigit per
square foot for subdivisions First,
Second and Third respectively. The
total assessment thus ascertained
against each separate lot, or part of
lot, tract or parcel of land, or other
property within such district, shall
be apportioned as the amount to be
levied and assessed against each
separate lot or part of lot, tract, par­
cel of land or other property respec­
tively. Provided however, that the
Common Council may, in its discre­
tion, at the time of establishing any
local improvement district, further
provide that any portion of the cost
of the making of such improvements,
or any specified part thereof, shall
be paid out of the general fund of
Tillamook City.
Section 13: After such apportion­
ment shall have been made of the en­
tire cost and expense of such im­
provement, the Common Council
shall give notice of the time and
place for hearing objections thereto
by publication for two consecutive
weeks in a weekly newspaper pub­
lished in Tillamook City, which time
shall not be less than 15 days nor
more than 30 days, from the date of
such notice, and at the time and place
fixed in such notice, or at such other
time as the hearing may be adjourn­
ed to, the Common Council shall hear
and determine all objections to the
apportionment of the cost of such
street improvements, and upon such
hearing may make such changes
therein as shall be necessary to make
such apportionment equitable and
just.
Section 14: After the hearing pro­
vided for in Section 13 in this Article,
and after making such changes in the
apportionment as are therein provid­
ed for, and when the same shall have
been fully determined by the Com­
mon Council, the Common Council
shall declare and assess the same by
ordinance upon the property benefit­
ed, which shall be described therein,
and each lot, part of lot, of parcel of
ground shall be assessed with its pro­
portionate share of such cost as here­
inbefore provided, anil said assess­
ment shall be final and conclusive,
and the said ordinance shall further
direct the Recorder to enter a state­
ment of the said assessed cost in the
docket of city liens as provided for
in this Article.
Section 15:
The docket of city
liens is a book in which must be en­
tered by the Recorder the following
matters in relation to assessments
for the improvement and repair of
streets, and the construction and re­
pair of sewers and drains, and the
benefits and damages assessed for
opening, widening, straightening, and
extending streets, and changing the
grades thereof: First, the number or
letter of the lot assessed, and the let­
ter or number of block in which it is
situated, and if a separate assessment
is made upon a part of a lot, or tract
of land, a particular description of
such part of lot of tract; Second, the
name of the owner thereof, or that
the owner is unknown if such be the
case; Third, the sum assessed upon
each lot or part thereof, or tract of
land or part thereof, and the date of
the entry thereof; Provided, however,
that a failure to enter the name of the
owner, or a mistake in the name of
the owner in such entry, or the entry
of a name other than the true owner,
shall not render void or vitiate such
assessment or in any way effect the
lien of Tillamook City or the proper­
ty described in such lien docket.
Section 16: The docket of city
liens is a public writing, and from the
date of the entry therein of an assess­
ment upon a lot, or part thereof, or
a tract or parcel of land, or a part
thereof, the same so entered is here­
by declared to be a tax levied upon,
and a lien upon and against such lot,
or part thereof, or tract of parcel of
land, which lien shall have priority
over all other liens or incumbrances
thereon, except taxes imposed under
authority of the State or of the Unit­
ed States, and any sum or sums of
money assessed for improvement or
repair of a street, or benefit assessed
for opening, widening, straightening
or extending any street, or for a
change of the grade thereof, or for the
construction or repair of a sewer or
drain, entered upon such lien docket
shall be collected in the manner liejp
inafter prescribed.
Section 17: Notice shall be given
by the City Recorder to the owner or
owners of any such lot or part there­
of, or tract cr parcel of land, of the
entry of such assessment in said lien
docket, specifying the amount there­
of, within five days a’fter the entry
thereof in said docket, which notice
shall be given by mail if the postof­
fice address of the owner or his agent
is known, and if unknown by address­
ing the same in the name of the own-
,er at Tillamook City, Oregon, and
also by publishing the notice thereof
in one issue of a weekly newspaper
published in Tillamook City.
Section 18: Whenever the owner
of any such lot or part thereof, or
tract or parcel of land upon which an
assessment has been levied and
docketed
as
herein
provided
for, shall desire, he may within thir­
ty days after notice of such assess­
ment is first published apply to the
City Recorder of Tillamook City to
pay said assessment in installments
as hereinafter provided, and there­
after ro warrant to enforce the col­
lection of such assessment shall issue
or be enforced, except as provided
by this article in such cases.
Section 19: If within 30 days from
the date of the entry of such assess­
ment in said lien docket the whole or
any portion of the sum assessed upon
a lot or part thereof, or tract or par­
cel of land, remains unpaid, and such
owner shall not have applied t for
leave to make payment in install­
ments as hereinafter provided, upon
order of the Common Council a war­
rant for the collection of the same
shall be issued by the Recorder di­
rected to the marshal of Tillamook
City.
Whenever such assessment
shall have been paid to the City-
Treasurer, who is hereby authorized
and designated as the person to re­
ceive the same, the Treasurer shall
issue a duplicate receipt for said pay­
ment and file one copy thereof with
the City Recorder, and the Recorder
shall upon receiving said duplicate
receipt immediately cancel said lien
upon said docket of city liens by en­
tering upon the face thereof an entry
of the satisfaction of such assessment
signed by himself in his official ca­
pacity.
Section 20: Such warrant shall, for
the purpose of making sale of such
real property upon which assess­
ments are delinquent and unpaid, be
deemed and held as an execution
against said real property for the
amount of said assessment with in­
terests and costs, and the Marshal
shall, within 60 days from the receipt
of said warrant, sell the property
therein described. Such sale shall be
at public auction to the highest bid­
der for cash in hand, and shall take
place at the front door of the build­
ing in which x the Common Council
holds its sessions, and the Marshal
shall give notice of such sale by pub­
lication thereof once a week for four
consecutive and successive weeks in
a weekly newspaper published in Till­
amook City, and by posting such
notice for a like period of time in
not less than three public places in
said city. Such notice of sale shall
contain a description of the lot, or
lots, or parts thereof, tracts of parts
thereof, naming the block in which
the same is situated, that the same
is to be sold for said delinquent as­
sessment, with the amount of said
assessment, interest and costs to date
of sale, including cost of advertise­
ment, due upon each lot or tract or
part thereof, together with the name
of the owner or reputed owner, or
that the owners are unknown as the
same appears upon said docket of
city liens, and shall also specify the
time and place of sale, and that the
lots, or parts thereof, of tracts of land
described therein will be offered for
sale to satisfy the assessments, in­
terest and costs due upon each tract,
lot or parcel of land, or part thereof,
and each lot, tract or parcel of land,
or part thereof shall be sold separat­
ely. Providing however, that all de­
linquent assessments assessed in one
ordinance may be included in one
notice, and all such sales shall be
made between the hours of 9 o’clock
a m. and 4 o’clock p.m. Provided fur­
ther, that said sale may be postponed
in like manner as now provided by
the laws of Oregon for the adjourn­
ment of sales of real property upon
execution.
Section 21: The Marshal execut­
ing such warrant shall immediately
issue a certificate
of sale to the
purchaser for the property sold, stat­
ing therein that the sale is made sub­
ject to redemption, and that a deed
will be issued thereon at the expira­
tion of the time for redemption if no
redemption be made prior to said
date. Within one year from the date
of the sale the owner, or his succes­
sor, or any person having a lien by
judgment, decree or mortgage upon
the property sold, or any part there­
of, may redeem the same by the pay­
ment of purchase money and twenty
per cent thereon, with interest upon
the purchase money from the date
of the sale to the time of redemption
at the rate of 6 per cent per annum,
and the amount of any taxes which
the purchaser his heirs or assigns may
have paid upon said property, with
interest thereon at the legal rate
from the date of such assessment, to
be paid to the CityRecorder for the
purchaser.
Notice of redemption
shall be given as now provided for
by the laws of the State of Oregon
for the redemption of real property
from sale upon execution.
Section 22: A redemption as pre­
scribed in the foregoing Section dis­
charging the property from the ef­
fect of sale upon such assessment,
and if made by the owner or his suc­
cessor in interest, the ownership of
said property is thereby restored to
such owner or his successor in inter­
est, but if made by a lien creditor the
amount paid for the redemption shall
thereafter be deemed to be a part of
his judgment, decree, mortgage or
other lien as the case may be, and
shall bar interest, and may be inforc-
Section 23: After the expiration
of one year from the date of the
certificate of sale issued by the Mar­
shal if no redemption shall have been
made the then acting Marshal shall
execute and deliver to the puicbacci,
his heirs or assigns, upon application
therefor, a surrender of such certifi­
cate a deed of conveyance of the pro­
perty sold, reciting the description of
the same as described in the docket
of city liens, the amount paid, the
name of the owner, or that the name
of the owner is unknown, the date of
doecketing the lien, and that the pro-
pert'. was sold for delinquent assess­
ed ' for street improvements, or for
opening, laying
out,
widening,
straightening, extending or changing
grade of streets, or construction ot
sewers, or drains, as the case may be,
and that said assessment was due and
unpaid at the time of sale, and that
no redemption had been made. Such
deed shall de executed conformably
to the laws of the State of Oregon so
as to make it legible for record, and
the same shall operate to convey to
the purchaser a fee simple title to the
said property free and clear of all in­
cumbrances, except for taxes as men­
tioned in Section 16 of this Article.
Upon the delivery of such deed the
Marshal shall file a certificate of sale
with the Recorder, and it shall be a
public record. Upon delivery of such
deed all of the proceedings required
or directed by this Article in relation
to the making, levying and docketing
of sttch assessments and the sale of
the property <or the satisfaction
thereof, shall be presumed to be reg­
ular, and such deed shall be priina
facie evidence of the regularity of all
proceedings required to be had under
the provisions of this Article and of
title in the grantee.
Section 24: In any action, suit or
proceeding instituted in any court
for the recovery of any lands sold for
any assessment under the provisions
of this act, the party claiming to be
the owner as against the holder of
the deed from the Marshal, must, with
his complaint or answer as the case
may be, pay into the court the a-
mount of the purchase money for
which the particular tract of land or
lot sought to be recovered was sold,
together with 20 per cent thereof
additional, and also interest on said
purchase money from the date of sale
to the date of the institution of such
suit at the rate of six per cent per
annum, together with all the costs
and expenses of sale and of record­
ing the said deed, and also any and
all taxes the purchaser may have
paid on said property with the legal
•interest thereon from the date of
payment thereof for the benefit of
the holder of said deed, his heirs or
assigns, in case his or their title un­
der such deed shall fail in said action,
suit or proceeding. Provided further^
that the person claiming title under
the deed of the Marshal shall have
judgment against the party claiming
against said deed for such amount as
the court may adjudge reasonable
for the bringing or defending of any
such action, suit or proceeding, re­
gardless of the result of such suit,
action or proceeding, or whether he
be plaintiff or defendant therein.
Section 25: Whenever any lot or
tract or part thereof sold for delin­
quent assesments as herein provided
brings more than the amount of the
assessment ami all costs and charges
of collection, the surplus shall be paid
to the City Treasurer, and the person
executing such warrant shall take a
seperate receipt for such surplus and
file the same with the Recorder on
return of payment of the warrant,
and the Common Council shall order
•such surplus paid to the person or
persons entitled to the same, on de­
mand, upon receiving satisfactory
proof that such person is the one en­
titled to receive such surplus. Pro­
vided further, that whenever any
property is offered for sale for delin­
quent assessments as herein provid­
ed, if a sufficient amount is not paid
therefor to pay such assesment to­
gether with all costs and expenses of
sale in connection therewith, the
Mayor of Tillamook City is hereby
empowered and authorized to bid for
and in behalf of said city the amount
of such assessment, together with
said costs and expenses assessed
thereon or charged against said prop­
erty or each part or parcel thereof,
ami if there be no higher or better
bidder such land, lot or parcel of land
or part thereof, shall be sold and be­
come the property of said city, sub­
ject to redemption as hereinbefore
provided, to be paid for by warrant
of th'- city upon the general funds
thereof. Whenever the city shall ac­
quire title to any such property the
same may be sold by order of the
Common Council at such price, and
on such terms as it may seem proper.
Section 26: All of the provisions
of Sections 3245 to 3253, both inclu­
sive, of Lord’s Oregon Laws, are
hereby made expressly applicable to
all assessments for street improve­
ments under the provisions of this
Article. Provided, however, that in
all.such cases the application to pay
by installments provided for in Sec­
tion 3245 of Lord'. Oregon l aws
may lie made within 30 days after
notice of assessment is first publish­
ed instead of within to days as in
said section provided. Anil provided
further, that interest on all unpaid
installments shall be paid semi- annu­
ally by the property owners, or other
persons required to make such pay­
ment, instead of annually as provided
in Section 3249 of said Lord's Oregon
Laws.
Section 27: For all of the purposes
of this Article the Surveyor of Tilla­
mook City shall be deemed to be the
City Engineer, and the Common
Council is authorized to employ such
assistants for the Surveyor as may
lie necessary to enable him to proper­
ly perform any and all of his duties
arising under this Article or other-
W150.
Section 28: 1 lie Common Council
of I illamook C ity is hereby author­
ized and enpowered to establish by
ordinance the grade of any street
within Tillamook City when such
grade has not been established, and
may require from the City Engineer
all maps and data it may deem necs-
sary in relation thereto. After the
grade of any street has been estab­
lished by the Common Council the
same may be by the Common Coun­
cil thereafter changed pursuant to
the following provisions:
V\ henever it shall be deemed ex­
pedient tv change the grade of any