Tillamook Headlight. October I. I814^ ' width herein originally provided for. Engineer. Proof of the publishing of the faithful completion of the work Provided further, that in ease of the ELECTION NOTICE. said notices shall be made by the affi- in strict accordance with the specifi­ construction Or repair of sidewalks NOTICE IS HEREBY GIVEN, that t davit of the City Engineer, as to the cations theyefor, and to make all rules the Common Council may in estab­ in pursuance of Ordinance No. 282 t notices posted by him, and of the and regulations in the letting of con­ lishing the local improvement dis- adopted by the common council of i printer of the newspaper in which tracts that may be considered by the trict therefore provided that the total Tillamook City, Oregon, on the 21st such notice is published, as to the Common Council as advantageous to cost thereof shall be assessed to and day of September, 1914, special elec­ ■ publication thereof, which affidavit the City, and as a part of said regula­ charged against the lots or tract im­ tion will be held at the City Hall in i shall be filed with the City Recorder. tions they may require that the con­ proved fronting and abutting upon Tillamook City, Tillamook County, All engineering expenses, cost of ad­ tractor, or contractors, agree to main­ that portion of said street where Oregon, on the 10 day of October, vertisement, cost of superintendency tain and keep in repair all improve­ said sidewalks are to be constructed 1914, at which election there will be and other incidental costs and ex­ ments made under said contract for or repaired, in which case no part of submitted to the qualified electors of penses necessrry to carry into effect such period of time |not exceeding the cost shall be charged or assessed Tillamook City for their adoption or ■ the resolutions and ordinances au- to years) as the Common Council against any other property than that rejection, five measures for the ■ thorizing the improvement shall be mav determine. immediately fronting and abutting amending of the Charter of Tillamook included in the estimate of the entire Section 0: Such contract or con- upon said street so improved. City, Oregon, proposed by the Com­ cost and in the assessment upon the . tracts shall be onlv let »0 the lowest The rate of assessment per souare mon Council, being a measure to 1 property benefitted by such improve­ responsible bider for either the whole foot in each subdivision shall be fixed amend Article VII of said Charter, a ment, except as to such part thereof of said improvement or such part on the basis that the soecial benefits measure to amend Article VIII of as the Common Council may in thereof as will not materially conflict conferred on a square foot of land in said Charter^ and three measures to said resolution and ordinances pro­ with the completion of the remainder subdivisions First, Second and Third amend said Charter by adding thereto vide shall he paid out of the general thereof but the said Common Coun­ respectively are related to each other Articles to be known respectively as funds of Tillamook City. cil shall have the right to reject anv as are the numbers 55. 3° and lq. re" Articles XII, XIII, and XIV, and the Section 5: Within 20 days from the and all proposals received by it if said measures being in words and date of the first publication of the they shall be deemed unreasonable spectivelv. and shall be ascertained in the following manner: figures as follows, to-wit: said notice required to be published or excessive, or which do not con­ The product of the number of I , as provided for in section 4 of .this form to the rules of the Common square feet in subdivisions First, Sec­ A MEASURE. 1 Article the owners of two-thirds or Council relative to the matter of re­ TO AMEND ARTICLE VII OF more of the area of the property ceiving proposals and letting con­ ond and Third respestively, and the numbers 55, 30 and ’5 respectively, . THE CHARTER OF TILLA­ within such improvement district may tracts for street work, and provided MOOK CITY, OREGON......... make and file with the Recorder a further that no such contract shall shall be ascertained, and their sum Be it enacted by the people of written objection to, or remonstrance be let for a price in excess of the taken, which sum shall be divided in­ Tillamook City, Oregon, as follows. against said improvement, and said City Engineer’s estimate of the cost to the total cost and expense of such improvement. The products of the Section 1: Article VII of the Char­ objection and remonstrance shall be a thereof plus 5 per cent. resultant quotient and the numbers ter of Tillamook City, Oregon, is bar to any further proceedings in the Section to: It shall be the dutv of 55, 30 and 15 respectively shall be the hereby amended so that the same making of such improvements for a the Common Council to fix the time separate rates of assessment per shall read as follows: period of six months. Provided, that in which every such improvement square foot for subdivisions. First. ARTICLE VII. if any such objection or remonstrance shall be completed, and it mav ex­ Second and Third respectively. The ‘Section 1: The term "street” as shall be signed by the agent or attor­ tend such time should the circum­ used in this Article shall be con­ ney of any property owner, there stances warrant. The Common Coun­ total assessment thus ascertained , of strued to mean any street, avenue, shall be filed with the Recorder with­ cil shall have power and authority to against each seperate lot, or part tract or parcel of land, or other boulevard alley or lane, or any public in the time provided for such objec­ make all written contracts, to receive lot, _ shall __ r__ j ........... road which is now or may hereafter tion, or remonstrance, the written and approve all bonds authorized by property within such district, be apportioned as the amount to be be opened or dedicated to public use authority for the signing of such ob­ this Section. To provide for the levied and assesssed against each Section 2: The term "improve” and jection or remonstrance, and other­ proper inspection and supervision of "improvement” as used in this Article wise such signatures shall be disre­ all work done under the provisions of separate lot or part of lot, tract, par­ cel of land or other property respec­ shall be construed to include all grad­ garded. this Article, and to do any other act Provided, however, that the ing or re-grading, paving or re-paving Section 6: If no objection of necessary to secure the faithful carry­ tively. planking or re-pianking, macadamiz­ remonstrance properly signs as afor- ing out of all the contracts and the Common Council may, in its discre­ ing or re-macadamizing, graveling or said be made and filed with the City making of improvements in strict tion. at the time of establishing any re-graveling, and all manner of bridge Recorder within the time designated, compliance with the ordinances and local improvement district, further work and roadway improvement or the Common Council shall be deem­ specifications therefor. I provode that anv portion of the cost repair, and all manner of construct­ ed to have acquired jurisdiction to Section 11; Whenever anv street of the makincr of such improvements, ing and reparing sidewalks, cross­ order the improvement to be made, improvement is completed in whole or anv specified part thereof., shall walks, gutters, curbs, manholes, cul­ and it may be thereafter, and within or in part to the satisfaction of the be paid out of the general fund of verts, sewers, drains and tunnels three months from the date of the City Engineer, he shall file a certi­ Tillamook City. within any of the streets in Tilla­ final publication of its previous reso­ ficate of the completion and his ap- i 1 Section 13: After such apportion­ mook City, or any part of any such lution, by ordinance provided for the proval of such work so completed ment shall have been made of the en­ street. making of said improvement, which with the Recorder, who shall there­ tire cost and expense of ound by the selec­ and authority, whenever the grade of ed from assessments made as in this docket of city liens as provided for tion so made, and in causing plans any street has been established, to Article provided, or out of funds de­ in this Article. Section 15: The docket of city and specifications and estimates of authorize the owner or owners of any rived from the sale of bonds issued the cost thereof to be made, the same property thereon to cut down or fill upon application of the owners of liens is a book in which must be en­ shall be made upon the basis of the pp such street in front of said prop- property assessed for said improve­ tered by the Recorder the following nrrnrilinw to In attrli error!#* under ment, and no payment shall be made matters in relation to assessments character and improvement so select-, ,'nrtv ’erty according such grade cd. the supervision of the City Surveyor I I upon any such contract except out of for the improvement and repair of Section 4: Whenever the Comrfion or City Engineer, at the expense of I tbe funds provided by assessment and streets, and the construction and re- Council shall deem it expedipht, it such owner or owners. In giving such bv bonds issued in conformity with pair of sewers and drains, and the me may, or upon petition presented in authority the Common Council may the provisions of this article. benefits and damages assessed for conformity with section .V of this Ar­ impose such terms and conditions as Section 12: When the whole of the opening, widening, straightening, and ticle, it must provide as in this Arti­ may be necessary to secure the de­ improvements covered bv any one extending streets, and changing the cle prescribed for the improvement posit of earth and other matter exca­ ordinance therefor shall have been grades thereof: First, the number or of any street by proceeding in the vated from the street upon any part fully completed and accepted bv the letter of the lot assessed, and the let­ following manner: thereof which may need to be filled, Common Council, the Common Coun­ ter or number of block in which it is It shall require the City Engineer and to charge fees for such permits cil shall then cause the cost of such situated, and if a separate assessment to prepare and present to said Com­ to cover any expense incurred by the work or improvement to be appor­ is made upon a part of a lot, or tract mon Council plans and specifications City in the survey and inspection of tioned to the property affected there­ of land, a particular discription of for the improvements desired, and the work to be done. by within the improvement district such part of lot or tract; Second, the estimates of the work to be done, and Section 7: Immediately after the established therefor as required by name of the owner thereof, or that the probable cost thereof, and the Common Council shall have deter­ the ordinance authorizing the same, the owner is unknown if such be the engineer shall file such plans, speci- mined by ordinance to proceed with iti the manner following: case; I bird, the sum assessed upon fications and estimates in the office any improvemefit or work as herein­ Each lot, or tract, or par thereof, each lot or part thereof, or tract of If the Com- of the City Recorder, before provided, the City Council within the limits of said improve­ land or part thereof, and the date of mon Council shall find such plans, may proceed to make the whole or ment district abutting upon any street the entry thereof; Provided, however, specifications ansi estimates to be any part of such improvements, or improved, shall be liable for the full that a.failure to enter the name of the satisfactory, it shall approve the may proceed to let by contract the cost, or the proportion thereof here­ owner, or a mistake in the name of same and determine tbc bound­ furnishing of all material for the I inafter mentioned, or makir.g said the owner in such entry, or the entry aries, of the district benefitted and making of such improvements, and I improvement upon half of the street of a name other than the true owner to be assessed for such improvement, to have the labor in making such im- in front of and abutting upon said shall not render void or vitiate such and the action of the Common Coun­ provements performed under the lot, tract or part thereof, and also assessment or in any way effect the cil in creating such assessment dis­ direction and control of the Citv for a proportionate share of the cost lien of Tillamook City or the proper­ trict shall be final and conclusive. Engineer. Or, Ihe Common Council of improving intersections of two of ty described in such lien docket. Thereupon the Common Council may cause all or any part of such im­ the streets bounding the block or Section 16: The docket of city shall, by resolution, declare its pur­ provements to be made by contract tract in which said lot, tract or part liens is a public writing, and from the pose of making such improvement, in the manner provided in this Ar­ thereof is situated, but the said total date of the entry therein of an assess­ describing the same and including ticle, provided, that the Common cost shall be apportioned in accord­ ment upon a lot. or part thereof, or said estimate of the probable total Council may, in its discretion, permit ance with the following plan: a tract or parcel of land, or a part cost thereof, and also defining the the owner of any part of the property Said local improvement district thereof, the sum so entered is here­ boundaries of the assessment district which is to be assessed for the cost shall, for the purpose of ascertaining by declared to be a tax levied upon, to be benefited thereby and assessed of such improvement, to make the the amount to be assessed against and a lien upon and against such lot. therefor, which district shall be des­ improvement in front of property each seperate lot, tract or parcel of or part thereof, or tract or parcel of ignated as "Local Improvement Dis- owned by him within such time after land, or other property or part there­ land, which lien shall have priority trist No.----- ——.” The action of'the the passage of the ordinance there­ of within said district, be divided into over all other liens ____ or „ __________ _ incumbrances Common Council in declaring its in­ for as the Common Council may subdivisions, or zones, parallelling thereon, except taxes imposed under tention to improve any street or deem proper, not exceeding 60 days, the margin of the street to be im- authority ' of the State or of the Uuit- streets, or any part or parts thereof, and if such improvements be not proved. Said subdivision to be num­ ed States, and any sum or sums of directing publication thereof, approv­ made by the owner within such time, bered respectivly First, Second and money assessed for improvement or ing the plans and specifications and the Common Council may thereupon Third. The First subdivision shall repair of a street, or benefit assessed estimates aforsaid, and determining proceed to provide for the same by include all the lands within the dis- for opening, widening, straightening the district benefited and to be ass­ contract or otherwise as hereinbefore trict lying between the street margin or extending any street, or for a essed thereby, may all be done in one authorized. and lines drawn parallel therewith change of the grade thereof or for the and the same resolution. The reso­ Section 8: If the Common Council and 35 feet therefrom. The Second construction or repair of a sewer or lution of the Common Council declar­ shall decide to have such improve- subdivision shall include alt lands ly­ . drain, entered upon such lien docket ing its purpose to make such improve­ ments or any part thereof made, or ing within the district lying between shall be collected in She manner here­ ments shall be kept of record in the the furnishing of materials therefor lines drawn parallel with and 35 and inafter prescribed. office of the City Recorder, and shall done ny contract, it shall direct the 70 feet respectively, from said street Section 17: Notice shall be given be published for three consecutive Recorder to give notice by publica­ margin. The Third subdivision shall by the City Recorder to the owner or publications in the city official news­ tion not less than for three publica­ include all lands within the district owners of any such lot or part there­ paper. The City Engineer, within tions in the City official paper, in­ lying between lines drawn parallel of, or tract or parcel of land, of the three days from the first publication viting proposals for making said im­ with and 70 and 105 feet respectively entry of such assessment in said lien of said resolution, shall cause to be provements, or furnishing said mater­ from such street margins. Provided, docket, specifying the amount there­ conspicuously posted at each end of ials. and may give such other notice however, that should the property of. within five days after the entry the line of the contemplated im­ inviting such proposals as it«may abutting upon the street or streets to thereof in said docket, which notice provement a notice which shall con­ deem isbedient, provided that not be improved be divided into blocks shall be given bv mail if the postof­ tain in legible characters a copy of less than 20 day|. time shall be given of less than 2to feet, the improvement fice address of the owner or his agent the resolution of the Common Coun­ from the date of the first publication district shall not, unless specially is known, and if unknown bv address­ cil, and the date of its adoption, to­ of said notice for the submission of provided by resolution establishing ing the same in the name of the own­ (»ether with a statement ol the time I i proposals thereunder. The Common the same, extend further back than er at Tillamook City. Oregon, and within which objections and remon- Council shall have the power to to the center of any such block, and also by publishing the notice thereof strances thereto may be filed, and award the contract or contracts for the said subdivisions shall be pro- pro­ ,n .°.ne.,MU< of a weekly newspaper _____ published ._______ tn ____ the resolution the - city said improvement, 1 and to impose portionately reduced in size as to published in Tillamook City. shall also have such conditions upon i the bidders in such part of said improvement dis­ official newspaper 1 Section 18: Whenever the owner published in connection therewith a regard to bonds and securities and trict. unless the resolution establish­ of any such lot or part thereof or notice giving the information stated guarantees of the good faith and re­ ing said district shall provide that | ’rac,or parcS’ of ,and uP°n which an in the notice to be posted by the City sponsibility of bidders for insurin j said subdivision shall be of the full | assessment ------- .— has —.1 been levied and I ■ purchaser a fee simple tin., docketed as herein provided for, shall the said property free and clear if desire he may within thirty days alter notice of such assessment is I cumbranccs, except for taxes > *• in Section 16 of th;. . me«- first published apply to the City Re­ tinned corder of Tillamook City to pay said Upon the delivery of such /’J"1'- assessment in installments as herein­ Marshal shall file the cert;.^ with the Recorder and;, l after provided, and thereafter no.war­ a sale public record. Upon deliver/^1? rant to enforce the collection of such , assessment shall issue or be enforced, I (feed all of the proceedings ’L0 *4 .vr.nt as provided by this article in I or directed by this Article in except to the making, levying and dod»?0" such cases. Section 19: If within 30 days from of such assessments and ih.. .1 the date of the entry of such assess­ the property for the thereof, shall be presumed m u1* ment in said lien docket the whole or ular, and such deed shall‘fe any portion of the sum assessed upon facia evidence of the regU|ari,, p’?Da a lot or part thereof, or tract or par­ proceedings required to be had und " cel of land, remains unpaid, and such the provisions of this Article j’1” owner shall not have applied for title in the grantee, and °1 leave to make payment in install­ Section 24: In any action, suit „ ments as hereinafter provided, upon instituted in a „ order of the Common Council a war­ proceeding for the recovery of any lands soldT rant for the collection of the same any assessment under the nJ?- ■ or shall be issued by the Recorder di­ of this act, the party claimi^^’ rected to the marshal of Tillamook the owner as against k/u 0 City. Whenever such assessment the deed from the Marshal must' with' shall have been paid to the City his complaint or answer as the ~ * Treasurer, who is hereby authorized and designated as the person to re­ may be, pay into the cour °f tht Purchase money o'r ceive the same, the Treasurer shall a"’° "nt the particular tract of lana issue a duplicate receipt for said pay­ which sought to be recovered was soM ment and file one copy thereof with lot together with 20 per cent th. di the City Recorder, and the Recorder additional, and also interest on shall upon receiving such duplicate purchase money from the date , receipt immediately cancel said lien to the date of ihe institut.WsX upon said docket of city liens by en­ tering upon the face thereof an entry suit at the rate of six per cent „ of the satisfaction of such assessment annum, together with all the cosh signed by himself in his official ca­ and expenses of sale and of record ing the said deed, and also anv a„j pacity. all taxes the purchaser ma?’ hav Section 20: Such warrant shall, for the purpose of making sale of such paid on said property with the lent interest thereon from the date 0 real property upon which assess­ payment thereof for the benefit Z ments are delinquent and unpaid, be deemed and held as an execution the holder of said deed, his Weirs or against said real property for the assigns, in case his or their title un amount of said assessment with in­ der such deed shall fail in said action terests and costs, and the Marshal suit or proceeding. Provided further’ shall, within 60 days from the receipt that the person claiming title und.,’ of said warrant, sell the property- the deed of the Marshal shall hav therein described. Such sale shall be judgment against the party claiminz at public auction to the highest bid­ against such deed for such amount as der for cash in hand, and shall take the cost may adjudge reasonable place at the front door of the build­ for the bringing or defending of any ing in which the Common Council such astion, suit or proceeding re­ holds its sessions, and the Marshal gardless of the result of such’ suit shall give notice of such sale by pub­ action or proceeding, or whether he lication thereof once a week for four be plaintiff or defendant therein Section 25: Whenever any lot or consecutive and successive weeks in a weekly newspaper published in Till­ tract or part thereof sold for delin- amook City and by posting such puent assessments as herein provided notice for a like period of time in not brings more than the amount of the less than three public places in said assessment and all costs and charges city. Such notice of sale shall con­ of collection, the surplus shall be paid tain a description of the let, or lots, to the City Treasurer, and the person or parts thereof, tracts or parts executing such warrant shall take a thereof, that the same is to be sold seperate receipt for such surplus and for said delinquent assessment, with file the same with the Recorder on the amount of said assessment, inter­ return of the warrant, and the Com­ est and costs to date of sale, includ­ mon Council shall order such surplus ing cost of advertisement, due upon paid to the person or persons entitled each lot or tract or part thereof, to­ to the same, on demand, upon receiv­ gether with the name of the owner or ing satisfactory proof that such per­ reputed owner, or that the owners are son is the one entitled to receive such unknown as the same appears upon surplus. Provided further, that when­ said docket of city liens, and shall al­ ever any property is offered for sale so specify the time and place of sale, for delinquent assessments as herein and that the lots, or parts thereof, of provided, if a sufficient amount is not tracts of land described therein will paid therefor to pay such assessment be offered for sale to satisfy the ass­ together with all costs and expenses essments, interest and costs due upon of sale in connection therewith, the each tract, lot or parcel of land, or Mayor of Tillamook City is hereby part thereof, and each lot, tract or empowered and authorized to bid for parcel of land, or part tlfrreof shall and in behalf of said city the amount be sold separately. Providing how­ of such assessment, together with ever, that all delinquent assessments said costs and expenses assessed assessed in one ordinance may. be in­ thereon or charged against said prop­ eluded in one warrant and notice ertv or each part or parcel thereof, and all such sales shall be made and if there be no higher or better between the hours of 0 o’clock bidder such land, lot or parcel of land a. m. and 4 o’clock p. m. or part thereof shall be sold to and be­ Provided further, that such sale may come the property of said city, sub­ be postponed in like manner as now ject to redemption as hereinbefore provided by the laws of Oregon for provided, to be paid for by warrant the adjournment of sales of real prop­ of the citv upon the general fund thereof. Whenever the city shall ac­ erty upon execution. Section 21; The Marshal execut­ quire title to any such property the i ing such warrant shall immediately same mav be sold by order of the issue a certificate of. sale to the Common Council at such price, and purchaser for the property sold, stat­ on such terms as it may deem proper. ; Section 26: All of the provision! ing therein that the sale is made sub­ ject to redemption, and that a deed of Sections 3245 to 3253, both inch- will be issued thereon at the expira- sive, of Lord’s Oregon Laws, are t ion, of the time for redemption if no hereby made expressly applicable to redemption be made prior to said all assessments for street improve­ date. Within ' one year from the date I ments under the provisions of this i of sole the owner, or his succes- Article. Provided, however, that in • or, or any person having t a lien __ by all such cases the application JOB! I iudgment, decree or mortgage upon bv installments provided for in Sec- I the property sold, or any part there­ tion 3245 of Lord’s Oregon Law! < : of, may redeem the same by the pay­ may be made within 30 daT* ment of purchase money paid at said notice of assessment is first publish­ sale for the tract desired to I be ed instead of within 10 days as b redeemed and twenty per cent said section provided. And provid« thereon, with interest upon i the further, that interest on all unpaid purchase , ................ _ date installments shall be paid semi-annc- money from the of the sale to the time of redemption ally by the property owners, or other | at the rate of 6 per cent per annum, persons required to make such pay- 3 and the amount of any • taxes which ment, instead of annually as, provided the purchaser his heirs or assigns may in Section 3249 of said Lord's Oregm1 have paid upon said property, with Laws. Section 27: For all of the I interest thereon at the legal rate from the date of such payment, to of this Article the Surveyor of H* j be paid to the City Recorder for the mook City shall be deemed to be W» purchaser. Notice of redemption City Engineer, and the Commo« shall be given as now provided for Council is authorized to employ W" by the laws of Oregon for the redem­ assistants for the Surveyor asW I ption of real property from the sale be necessary to enable him to proper^ ly perform any and all of his du . upon execution. Section 22: A redemption as pre- arising under this Article or 0 ] scribed in the foregoing Section dis- wise. Section 28: The Common C m «» charges the property from the fect of sale upon such assessment of Tillamook City is hereby author«- . and if made by the owner or his suc­ ed and enpowered to establish I , . cessor in interest, the ownership of ordinance the grade of any said property is thereby restored to within Tillamook City wh« such owner or his successor in inter­ grade has not been establish* . est, but if made bv a lien creditor the may require from the Citv Eng amount paid for the redemption shall all maps and data it may deem thereafter be deemed to be a part of sary in relation thereto. A,c ..k. his judgment, decree, mortgage or trade of any street has been other lien as the case may be, and lished by the Common <- ounci shall bear interest and may be enforc­ same may be bv the CommoniU« cil thereafter changed pursua 'd and collected as a part thereof. Section 23: After the expiration the following provisions. , Whenever it shall be deem of one year from the date of the certificate of sale issued by the Mar­ pedient to change the grade shal if no redemption shall have been street within the city, made the hen acting Marshal shall Council shall pass a rcsolu execute and deliver to the purchaser, ' daring its intention to rna his heirs or assigns, upon application change of grade and de?^r!!>'b? kept therefor, and surrender of such certifi­ I same. Said resolution shall , !(jr cate a deed of conveyance of the pro­ of record in the office of yy perty sold, reciting the description of Recorder, and shall be pubh / the same as described in the docket not less than two consecutiv of city liens, the amount paid, the publications in some newsp P name of the owner, or that the name lished in Tillamook City, frt. of the owner is unknown, the date of with a notice to all P*’’*01}* whii docketing the lien, and that the pro­ ed, giving the time and P,a ' t|ff of perty was sold for delinquent assess­ shall not be less than 20 da - - ment for street improvements, or for the date of the first Pub,,c’L7n h(Jf opening. laying out, widening, said notice and resolution. straightening, extending or changing where the Common Council grade of streets, or construction of and determine all objection* L sewers, or drains, as the case may be monstrances t< said change and that said assessment was due and and provide for the a5'f's.'^int « unpaid at the time of sale, and that benefits or damages on no redemption had been made. Such said change of grade. The ' . ggt deed shall be executed conformably neer. within three days alter ,o *he laws of Oregon so as to publication of said notice an J make it eligible for record, and tion, shall cause to be pos ‘ the same shall operate to convey to 1 least two places on the * , i ‘ 1