t Tillamook Headlight, July 23, 1914. of the City Recorder forthwith to er of Tillamook City, Oregon. _/reet within the city, the Common send by mail, postpaid, a notice ot BE IT ENACTED BY THE PEO ­ Council shall pass a resolution de­ each assessment, stating the date PLE OF TILLAMOOK CITY, claring its intention to make such when the same will be considered by OREGON. AS FOLLOWS change of grade and describing the the Council, and directing all persons Section 1: The Common Council interested same. Said resolution shall be kept to present in writing their of Tillamook City is authorized and of record in the office of the City objections to said report if any they empowered within the limits of Tilla ­ Recorder, and shall be published for have, to the owner (if known) or not less than two consecutive weekly mook City, whenever it may deem each lot, or part thereof, or tract of it expedient , to open, lay out, estab ­ publications in some newspaper pub­ land assessed, any part ot which is lished in Tillamook City, together lish, widen, alter, extend, vacate or appropriated for the proposed street, with a notice to all persons concern­ close streets, and to appropriate and or to the agent of such owner when ed, giving the time and place, which condemn private property therefor, the post office address ofsuch owner shall be not less than 20 days after ami to assess any special benefit aris­ or agent is known to him, and if such the date of the first publication of ing from any such matters and to postoffice address be unknown to him. said notice and resolution, when and make the same a lien against proper­ then such notice shall be directed to where the Common Council will have ty benefitted. Section 2: Whenever the Common such owner or agent at I illamook and determine all objections and re­ City, Oregon. If such report shall ap­ monstrances to said change of grade, Council shall deem it expedient to pear to the Council to be in all re­ and provide for the matter of bene­ lay out. and establish, or widen any spects reasonable and just, it may be fits or damages on account of said street, it shall direct the City Survey­ adopted by ordinance embodying change of grade. The City Engineer, or to survey such street, or change such report. Or if it shall appear to within three days after the first pub­ therein as the case may be, and to the Council that the damages or ben­ lication of said notice and resolution, make a report thereof containing a efits assessed be unreasonable, un­ »shall cause to be posted in at least •plat of the survey of such street or just or insufficient in any respect, the two places on the street or streets at change, showing the boundaries there Council may send the same back to points effected by such change of of, and of that portion of each lot or the viewers for further consideration, grade, a notice headed “Notice of tract of land to be appropriated for and the viewers may alter and revise Change of Grade" not less than one such street or change, which report the same as they shall deem just and inch in length, and shall in legible shall be made to the Common Coun­ again report the same to the Council ^characters state that such a resolu­ cil within ten days from the time the who may thereupon adopt or reject tion has been passed by the Common same is ordered, unless the Council the same, or the Council may appoint Council, the date thereof, approval, grant further time. Should the Coun­ new viewers with like powers, duties of change of grade proposd, and the cil deem said survey, plat and report and obligations as the first viewers time within which written objections satisfactory, it shall adopt the same to make such assessments and awards or remonstrances against the same by ordinance embodying such report. and to report the same to the Coun­ Section 3: Thereafter, and within may be made, An affidavit shall be cil, which shall have the same power filed with the City Recorder of the 60 days from the adoption of such over such report as over that of the posting of said notice, stating therein report, the Council shall appoint original. the date when, and the places where three disinterested freeholders of Section 6: The owner or owners the same had been posted, and the Tillamook City to view such propos­ of any lot, tract or part thereof so publication of said notice shall be ed street, or change, and to make to be appropriated as aforesaid, or of proved in the manner provided by an assessment of damages and bene­ the improvements thereon or any law for the proef of publication of fits as provided in the next following person having an interest therein, or section, and shall assign a day and such matters. any person against whom an assess­ Section 29: At any time within 20 place for them to meet, and shall ment or benefits has been made, may days after the first publication of the cause a notice to be given by publi­ appeal to the Circuit Court of the resolution provided for in the preced­ cation for at least four successive State of Oregon, for Tillamook Coun­ ing section, the owner of more than weeks in some newspaper published ty, from such report and assessment one-half of the property affected by in Tillamook City of the appointment of damages ?r.d benefits. Any nurr. such change of grade may make and of such •view ers, with their names and ber of persons may join in suet ap file with the City Recorder a written the time and place for them to meet, peal, and the only question to be de­ objection or remonstrance against and specifying with convenient cer- the same, and said objection or re­ tainity the boundaries and termini of termined by such appeal shall be the monstrance shall be a bar to any fur­ the proposed street or change, and question of the excess of damages ther proceedings thereto for a period the boundaries and description of the over benefits and the excess of bene­ of six months, after which, if the private property to be appropriated fits over damages suffered and re­ Common Council proposes to change for such purpose and specially noti­ ceived by each person joining in such said grade the same proceedings shall fying all persons claiming damages appeal. by reason of the appropriation of be had as in the first instance. Section 7: An appeal shall be tak­ Section 30: If no such written ob­ such property to file their claim for en by serving a notice of appeal with­ jection or remonstrance be filed with­ such damages with the Recorder be­ in 20 days from the adoption of the in the time designated, or if the com­ fore the time so appointed for the report of the viewers by the Council mon council finds that such objection meeting of the viewers, and the Re­ upon the Mayor, Recorder or Attor­ or remonstrance is not legally signed corder shall also send by mail, post­ ney of the City, and filing an under­ by the owners of more than one-half paid, a copy of such notice to each taking with one or more sureties who of the property affected by the pro­ of the property owners whose prop­ shall possess the qualifications of posed change of grade, the Common erty is proposed to be appropriated, bail upon arrest in a civil action, and Council shall be deemed to have ac­ or to the agent of such owner when shall justify in like manner, condit­ quired jurisdiction to change by or­ the postoffice of such owner or agent ioned that the appellant will pay all dinance the grade as described in the is known to him, but if such post­ costs and disbursements that may be office address be unknown, then such awarded against him on appeal, not resolution previously adopted. Section 31: When the grade of any notice shall be directed to such own­ exceeding $300.00, together with street has once been established, and er or agent at Tillamook, Oregon. proof of service of such notice in the any permanent building or improve­ The published notice herein provided office of the Clerk of the Circuit ment has been constructed on any for shall be deemd conclusive notice Court. lot abutting said street, or affected by to all owners of property whose Section 8: The City shall be con­ such change of grade, the owner or property shall be appropriated for sidered the plaintiff, and such appeal owners of any such permanent build­ such purpose. shall be conducted and be heard and ings or improvements during the time Section 4: The Recorder shall, at determined, and the judgment there­ designated for filing objections or least five days before the date set on enforced, as far as practicable, in remonstrances, may file with the City for such meeting, cause said viewers the same manner as an action at law Recorder a claim of damages by­ to be notified of their appointment, The jury shall view the proposed reason of such proposed change of and of the time and place of such street, the property to be appropriat­ grade, and such claim shall describe meeting, and said viewers shall meet ed, and the property against which the land upon which such buildings at the time and place designated, and benefits are assessed, and the evi­ or improvements stand, and an es­ shall then be sworn to faithfully dis­ dence of damages and benefits may timate of the value of said buildings charge the duties assigned them. be introduced by the city and the ap­ or improvements, and of the damages They shall then, or on any subse­ pellants, but the issues, testimony and which said change of grade will quent day on which they may adjourn verdict upon such appeal shall be «cause thereto, and said claims, and (which adjournment shall not exceed confined to the parties appealing, and all statements contained therein, shall one week at a time) proceed to view the jury shall not reassess any dam­ be sworn to by the party or parties the proposed street or change, and ages or benefits not appealed from. owning said buildings or improve­ to determine and assess how much, The jury in making the reassessment ments and the land, or by their a if any, less valuable lands, or any of damages or benefits, shall, in its gents or local representatives There­ part thereof through or over which determination of the same, be gov­ after the Common Council shall ap­ the proposed street is to be opened erned by the same laws and in this point three disinterested freeholders laid out, established, or changed, will charter provided for the action of of Tillamook City, Oregon, having be rendered thereby; and shall also viewers. The verdict of the jury shall the same qualifications as viewers for ascertain the respective interest of be a final and conclusive determi­ the opening, laying out and estab all persons claiming to be the owners nation of such assessment, unless the lishing of streets, to estimate and of the lands or other property afore­ judgment rendered in such case shall determine the damages that will be said, or of the improvements thereon, be reversed or modified on appeal. An sustained bythe owners ofbuildings or or to have any interest in such lands, appeal to the Supreme Court of the improvements affected bysuch change or improvements, and the damage State may be taken from such judg­ of grade, and to assess the benefits which each of said owners, respect­ ment in the same manner as other accruing to property benefitted by ively, will sustain, but the right and judgments of such Circuit Court and such change of grade. The viewers title of the owners of such improve­ with like effect. shall be appointed, and they shall ments shall not be affected by such Section 9: If any appellant fails to qualify, and notice of their meeting proceedings, and the appropriation of recover greater damages, or to se­ and of the filing of their report, shall such lands, if such owner shall with­ cure a more favorable assessment of all be done in the same manner as in 60 days after the appropriation of benefits, as the case may be, than similar acts and proceedings arc done such lands shall be completed, or were assessed by the viewers, judg- in the opening and laying out, and within such further time as the Coun­ mnt shall be rendered against him establishing of streets. The said view­ cil shall allow therefor, remove such and his sureties on appeal for his pro­ ers shall include as a part of the ben improvements front such lands. Other portion of the costs of such appeal to efits assessed the amount of their wise such improvements shall become be paid pro rata according to the re­ compensations for services, which and be the property of Tillamook spective amount of damages and ben­ shall be the sum of $3.00 each for City. Said viewers shall also make a efits assessed. The same fees and each day actually engaged in said just and equitable estimate and as­ costs shall be taxed and paid upon service, but in no case shall the a- sessment of the value of the benefits such appeal as are allowed in other mount of such assessment of benefits and advantages of said proposed actions. exceed the actual benefit to the lot street or change to the respective Section 10: In all actions, suits and or parcel of land, or other real prop­ owners and other persons interested proceedings concerning the opening, erty so assessed, deducting therefrom in all lands or other property which laying out, establishing or changing any damages or injuries to the same said viewers shall deem specialty of any street under the provisions of which are less than said benefits. Nor benefitted by such opening, laying this Charter, all proceedings had for «hall any damages be awarded for out, establishing or change. Said that purpose shall be presumed to any building erected prior to the viewers shall thereafter, at their ear­ have been regularly and legally tak­ establishment of the grade which is liest convenience, report the assess­ en, until the contrary is shown. proposed to be changed, and no a ment for damages and benefits as in Section 11: The Council at the ex­ ward of damages to any person shall this Section required to the Common piration of the time limited for ap­ be greater than the amount claimed Council, but any failure to state the peal, if no appeal be taken, or immed­ and sworn to by said person as here­ name of any owner, or mistake in the iately after judgment is rendered on inbefore provided, and if in the judg­ name of any owner, or a statement appeal, if appeal is taken, if it shall ment of said viewers the whole of a name other than that of the true •deem it adviseable to open, lay out, amount of said damages and com­ owner, in such report, or in the or- establish or change said street in pur­ pensation of viewers shall exceed the linance adopting such report in the suance of said judgment, shall by res­ actual benefit of the specific property locket of city liens where the same olution direct the Recorder to enter subject to assessment, they shall so is entered, or in any notice required in the docket of city liens the respec­ indicate in their report. The said by this Charter, shall not render void tive sums of benefits over damages so viewers shall make a report of their nor in any way affect the lien of such assessed, upon each particular lot or findings of benefits and damages to tssessment upon the property assess­ parcel of land, and the names of the the Common Council, and the same 'd The viewers shall receive as com­ owners or other parties in interest in shall be heard, considered and adopt- pensation for their services, the sum the lands or other property benefitted ' ed, and the assessments of benefits of $3.00 each for each day actually and assessed in like manner as as­ shall he levied, docketed and collect­ rendered in such service, to be paid sessments for street improvements ed, and kept in a seperate fund. An '>y the city and charged as costs, and are entered in said lien docket, and appeal from said report may be taken issessed as part of the benefits bv when so docketed said sums shall be and the findings of the jury in such «aid viewers, and shall prepare ail a lien or charge upon the estate and , cases shall be final and conclusive in reports for them. interest of the respective owners ar.d .the same manner, to the same extent, Section 5: I pon the filing of said parties interest in such lands or other and with the same effect as provided . eport of viewers with the Recorder, property and also the said owners 'in the opening, laying out, establish and other persons interested, as afore ling and changing of streets. When ic shall immediately cause a notice said, shall be respectively and sever­ o be published for a period of two such assessment is fully collected ths weeks in a newspaper published in ally liable to pay said assessments, (Common Council may change the City, Oregon, of the filing and in case no appeal or other pro­ grade of said street, and warrants 1 >f illamook report, giving the date not ceedings in Court be taken as to ani shall be drawn upon the special fund ess said than jo days from the date of the such assessment of benefit or dam •o provided in favor of the person cn list publication ot said notice, when «Res, the said excess so assessed .titled to damages. But if after the the same will be considered by the shall be paid to the Treasurer of the ’collection of any assessment as here City of Tillamook within ten days in provided the Common Council - oinmon ( ouncil, describing with from the time of entering the same certaintv the boundaries shall not change the grade of any convenient on the docket of city liens, or the street, the amounts of anv assessment >f the district assessed by the view­ same shall be deemed delinquent, and ers in said report, and notifying all so collected shall be refunded to th« persons to present in writ- thereupon shall be collectd in like berson or persons paying the same ng their interested objections to said report, if manner as provided for the collection f>y ami through their legal represent they have, and said objections, of other delinquent assessments by ativesor successors in interest as to if my nny there be, together with said re­ this charter, excepting that if all the Said matter. port shall be heard and determined property upon which assessments are >y the Council at the time specified due and delinquent is not sold at any A MF.ASURF ,»'y