Tillamook Headlight, October 8 I914-_
i
width herein originally provided for.
Engineer. Proof of the publishing of the faithful completion of the work Provided further, that in case of the
said notices shall be made by thè affi­ in strict accordance with the specifi­ construction or repair of sidewalks
NOTICE IS HEREBY GIVEN, that davit of the City Engineer, as to the cations therefor, ar.d to make all rules the Common Council may in estab­
in pursuance of Ordinance No. 282 notices posted by him, and of the and regulations in the letting of con­ lishing the iocal improvement dis­
adopted by the common council of 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 Hail in shall be filed with the City Recorder. tions they may require that the con­ proved fronting and abut ing upon
Tillamook City, Tillamook County, Al) engineering expenses, cost of ad­ tractor, or contractors, agree to main­ that portion of said street where
Oregon, on the ij) day of October, i I 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 necessary to carry into effect such period of time inot exceeding the cost shall be charged or assessed
Tillamook City for their adoption or the resolutions and ordinances au­ 10 years) as the Common Council against anv 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 to the lowest
The rate of assessment per sauare
mon Council, being a measure to property benefitted by such improve­ responsible bider for either the whole
amend Article VII of said Charter, a ment, except as to such part thereof of said improvement or such part foot in each subdivision shall be fixed
on the basis that the special benefits
measure to amend Article VIII of as the
Common Council may in thereof as will not materially conflict
said Charter, and three measures to said resolution and ordinances pro­ with the completion of the remainder conferred on a square foot of land in
amend said Charter by adding thereto vide shall be paid out of the general »hereof but the said Common Coun­ subdivisions First. Second and Third
respectively are related to each other
Articles to be known respectively as funds of Tillamook City.
cil sh’ll have the right to reiect
30 and I" re­
Articles XII, XIII, and XIV, and the i Section 5: Within 20 davs from the and all proposals received by i» if as are the numbers
said measures being in words and date of the first publication of the they shall be deemed unreasonable spectively. 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
of
The product of the number
I
form
to
the
rules
of
the
Common
as
provided
for
in
section
4
of
this
square feet in subdivisions First, Sec­
A MEASURE.
Article
the
owners
of
two-thirds
or
Council
relative
to
the
matter
of
re
­
ond and Third resoestively, and the
TO AMEND ARTICLE VII OF
more of the area of the property ceiving proposals and letting con­ numbers 55, 30 and 15 respectively,
. THE CHARTER OF TILLA­
within such improvement district may tracts for street work, and provided shall be ascertained, and tbeir sum
MOOK CITY, OREGON.
make and file with the Recorder a further that no such contract «hall
Be it enacted by the people of written obiection to, or remonstrance he let for a Price in exce" of the taken, which sum shall be divided in­
Tillamook City, Oregon, as follows: avainst 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 anv further proceedings in the
Section 10: It shall be »he dutv of 53, 30 and 15 respectively shall be the
hereby amended so that the same making of such imorovements 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.
ARTICLE VII.
if anv such obiection or remonstrance shall be completed, and it mav ex­ Second and Third respectively. First,
The
Section i: The term "street” as shall be signed by the agent or attor­
such time should the circum­ total assessment
thus ascertained
used in this Article shall be con- ney of any prooerty owner, there tend
stances warrant. The Common Coun­
strued to mean any street, avenue, shall be filed with the Recorder with­ cil shall have ppwer and authority to against each seperate lot, or part of
boulevard alley or lane, or any public in the time provided for such objec­ make all written contracts to receive lot, tract or parcel of land, or other
road which is now or may hereafter tion, or remonstrance, the written and approve all bonds authorized bv nroperty within such district, shall
he 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
Section 2: The term "improve” and jection or remonstrance, and other­ proper inspection and supervision of levied and assesssed against ^ach
"improvement” as used in this Article wise such signatures shall be disre­ a’l work done under the provisions of separate lot or part of lot, tract, par­
shall be construed to include all grad­ garded.
this Article, and to do anv other act cel of land or other property respec­
ing or re-grading, paving or re-paving
Section 6: If no objection
of necessary to secure the faithful carry­ tively. Provided, however, that the
planking or re-planking, macadamiz­ remonstrance prop"rlv 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 Citv 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 making of such improvement',
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 0- in nart 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 Section It: 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, wjiich with the Recorder, who shall there­ tire cost and expense of ‘■uc'i nr.-
Section 3: The Common Council, shall conform in all particulars to the after publish notice of such comple­ prove.nent, th" Common
Connci!
whenever it may deem it expedient, plans and specifications previously tion for not less than two publica­ I i shall give notice of the time and
is hereby authorized and empowered adopted. When the Common Coun­ tions in the city official newspaper, place for hearing objections thereto
to order the whole or any part of the cil shall have so provided for the stating therein when the acceptance by publication for two consecutive
streets of the City to be improved, making of an improvement as afor­ of the same will be considered by weeks in a weekly newspaper pub­
to determine the character, kind and said, Tillamook City shall be deemed the Common Council, which time lished in Tillamook City, which time
extent of such improvement, to lew to have appropriated and acquired shall be not less than 10 davs from shall not be less than 15 davs nor
and collect an assessment upon all ownership of all earth above grade, the date of the first publication of more than 30 days, from the date of
lots and parcels of land specially ben- and within the street lines of said said notice, and at that time, or at such notice, and at the time and place
efitted by such improvement, to de­ improvement, and no private owner­ any time prior thereto, any owner of fixed in said notice, or at such other
fray the whole or any portion of the ship shall thereafter be claimed in any interest in, or the agent of any time as the hearing may be adiourn-
cost and expense thereof, and to de­ raid earth. The Common Council property within the assessment dis­ ed to. the Common Council shall hear
termine within the limits hereinafter shall have power and authority in trict of said improvement may appear and dertermine all objections to the
specified what lands are specially providing for anv street improvement and file, or make objections to the apportionment of the cost of such
benefited by such improvement, and also to provide for placing in the acceptance of said improvements, and street improvements, and upon such
the amount to which each parcel or street where said improvement is to said objections shall be considered hearing may make such changes
tract of land is benefitted. Provided be made, all necessary surface pipes and the merits thereof determined by therein as shall be necessary to make
however, that whenever the owners for water, gas, heat, power, sewerage the Common Council, and if it ap­ such apportionment equitable and
in fee of two-thirds or more of the or anv other purpose, and all con­ pears that said work or improvement just.
area of the property upon which an ducts for electric wires and other pur­ has not been completed in accordance | Section 14: After the hearing pro­
assessment for improvement will be poses that are or may hereafter be with the specifications and contracts, vided for in Section 13 in this Article
made shall petition the Common necessary. The Council may also the Common Council shall require and after making such changes in the
Council to order improvements to be provide a certain time after any the same to be completed before ac­ annortior ment as are therein provid­
made upon any of the streets of the street improvement is made during cepting it. Whenever anv work or ed for. and when the same shall have
City, specifying the particular por­ wljich it shall hot be torn up or dis­ improvement is accepted by the Com­ been fully determined by the Com­
tions thereof upon which the improve­ turbed. and shall also have power and mon Council the Recorder shall en­ mon Council, the Common Council
ment is desired, it shall be mandatory authority to provide that no opening dorse the approval of the Common shall declare and assess the same by
upon the Common Council to pro­ of any street shall be made without Council on the certificate of the Citv ordinance uoon the property benefit­
ceed with the making of such im
first obtaining permit therefor, and Engineer, and after the assessment ed. which shall be described therein,
nrovement in the manner nrescribed the Common Council
shall hav" therefore is made and docketed, the and eash lot. part of lot. of parcel of
in this Article.
Provided further, power to prescribe and enforce all Mayor and Recorder shall draw war­ ground shall be assessed with its pro­
that if said owners of said propor­ rules regulating the opening of street rants on the fund created for said im­ portionate share of such cost as here­
tion of said property shall in and by surfaces in all streets of the city provements in favor of the parties en­ inbefore provided, and said assess­
their petition agree upon the char­ which it mav deem necessary to se­ titled thereto. When any work or ment shall be final and conclusive,
acter of improvement which they de­ cure the replacing of the street in improvement shall have been let or and the said ordinance shall further
sire to have made and the material good condition. And the Common performed by contract, the same direct the Recorder to enter a state­
to be used therein, the Common Council shall further have the power shall be paid out of the funds receiv­ ment of the said assessed cost in the
Council shall be bound by the selec­ and authority, whenever the grade of ed from assessments made as in this docket of citv liens as provided for
tion so made, and in causing plans anv 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 o» fill upon application of the owners of liens is a book in which must be en­
shall be made upon the basis of the up such street in front of said prop­ property assessed for said improve­ tered by the Recorder the following
character and improvement so select­ erty according to such grade under ment, and no payment shall be made matters in relation to assessments
ed.
the supervision of the City Surveyor upon anv such contract except out of for the improvement and repair of
Section 4: Whenever the Common or City Engineer, at the expense of the funds provided by assessment and streets, and the construction and re-
Council shall deem it expedient, it such owner or owners. In giving such bv bonds issued in conformity with pair of sewers and drains, and the
may. pr upon petition presented in authority the Common Council may th" provisions of this article.
benefits and damages assessed for
conformity with section 1 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 in the manner following:
, case; Third, the sum assessed upon
fications and estimates in the office any improvement or work as herein­
Each lot, or tract, or par thereof, each lot or part thereof, or tract of
of the City Recorder,
If the Com- 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 entrv thereof; Provided, however,
specifications and 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 I approve the may proceed to let by contract the cost, or the proportion thereof here­ owner, or a mistake in the name of
the bound- furnishing of all material for the inafter mentioned, or making said the owner in such entrv. or the entry
same and determine ■
and making of such improvements, and improvement upon half of the street of a name other than the true owner
aries, of the district benefitted
I
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 anv 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 Citv or the proper­
trict shall be final and conclusive. Engineer. Or, the Common Council of improving intersections of two of ty described in such lien docket.
Council may cause all or any part of such im­ the streets bounding
Thereupon the Common
Section 16: The docket of city
the block or
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 anv part or parts thereof, and if such improvements be not I proved. Said subdivision to be num- ed States, and anv 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 al) lands ly­ drain, entered upon such lien docket
ing its purpose to make such improve­ menu or any part thereof made, or ing within the district lving between shall be collected in the 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 «Ione bv contract. it shall direct the 70 feet respectively, from said street
Section ty: 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 public«- 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
conspicnously 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 expedient, provided that not be improved be divided into blocks shall be given bv mail if the postof­
tain in legible characters a copv of less than 20 days time shall l>" 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
rcther with a statement of the time proposals thereunder. The Common the same, extend further back than er at Tillamook Citv, 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 in one issue of a weekly newspaper
the resolution published in the city said improvement. I and to impose portionately reduced in size as to published in Tillamook City.
official newspaper
shall also have such conditions upon 1 the bidders in such part of said improvement dis- I 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
lotice giving the information stated guarantees of the gocd faith and re­ ing said district shall provide that i tract or parcel of land upon which an
■ the notice to be posted by the City sponsibility of bidders for insuring said subdivision shall be of the full I assessment has
been levied and
ELECTION NOTICE.
docketed as herein provided for, shall the purchaser a fee simple title to th
desire, he may within thirty days said property free and clear of all in
after notice of such assessment is cumbrances, except for taxes as men’
first published apply to the City Re­ tioned in Section 16 of this Article
corder of Tillamook City to pay said Upon the delivery of such deed tk
assessment in installments as herein­ Marshal shall file the certificate nf
after provided, and thereafter no war­ sale with the Recorder, and it shall be
public record. Upon delivery of s„,k
rant to enforce the collection of such a deed
all o the proceedings Xir J
assessment shall issue or be enforced,
except as provided by this article in I or directed by this Article in relation
to the making, levying and docketing
such cases.
Section 19: If within 30 days from of such assessments and the sale of
the date of the entry of such assess­ the property for the satisfaction
ment in said lien docket the whole or thereof, shall be presumed to be rev
any portion of the sum assessed upon ular, and such deed shall be prims
a lot or part thereof, or tract or par­ facie evidence of the regularity of all
cel of land, remains unpaid, and such proceedings required to be had under
provisions of this Article and of
owner shall not have applied for the
title in the grantee.
leave to make payment in install­
Section 24: In any action, suit or
ments as hereinafter provided, upon proceeding instituted in any court
order of the Common Council a war­ for the recovery of any lands sold for
rant for the collection of the same
assessment under the provisions
shall be issued by the Recorder di­ any
of this act, the party claiming to be
rected to the marshal of Tillamook the owner as against the holder of
Citv.
Whenever such assessment
deed from the Marshal must with
shall have been paid to the Citv the
his complaint or answer
case
Treasurer, who is hereby authorized may be, pay into the as __ the
_ lne
court
the
and designated as the person to re­ amount of the purchase money
fOr
ceive the same, the Treasurer shall which the particular tract of land or
issue a duplicate receipt for said pay­ lot sought to be recovered was sold
ment and file one copv thereof with together with 20 per cent thereof
the City Recorder, and the Recorder additional, and also interest on said
shall upon receiving such duplicate purchase money from the date of sale
receipt immediately cancel said lien to the date of the institution of such
upon said docket of city liens by en­ suit at the rate of six per cent per
tering upon the face thereof an entry annum, together with all the costs
of the satisfaction of such assessment and expenses of sale and of record­
signed by himself in his official ca­ ing the said deed, and also any and •
pacity.
all taxes the purchaser may have
Section 20: Such warrant shall, for paid on said property with the legal
the purpose of making sale of such interest thereon from the date of
real propertv upon which assess­ payment thereof for the benefit of
ments are delinquent and unpaid, be the holder of said deed, his heirs or
deemed and held as an execution assigns, in case his or their title un­
against said real property for the der such deed shall fail in said action,
amount of said assessment with in- suit or proceeding. Provided further^
terests and costs, and the Marshal that the person claiming title under
shall, within 60 days from the receipt the deed of the Marshal shall have
of said warrant, sell the property judgment against the party claiming
therein described. Such sale shall be against such deed for such amount as
at public auction to the highest bid­
cost may adjudge reasonable
der for cash in hand, and shall take the
place at the front door of the build­ for the bringing or defending of any
such astion, suit or proceeding, re­
ing in which the Common Council gardless of the result of such’ suit,
holds its sessions, and the Marshal
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 Citv and bv 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
citv. Such notice of sale shall con­ of collection, the surplus shall be paid
tain a description of the lot, 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
eit 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, nf 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 par» thereof shall and in behalf of said city the amount
be sold separately. Providing how­ of such assessment, together with
ever, that all delinauent 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 nr each part or parcel thereof,
and all such sales shall be made and if there be no higher or better
between the
hours of 9 o’clock bidder such land, lot or parcel of land
and
a
m.
4 o'clock n.
m. or part thereof shall be sold to and be-
Provided further, that such sale may come the property of said citv. sub­
be postponed in like manner as now ject to redemption as hereinbefore
.
provided,
to be r paid for by warrant
provided by the laws of Oregon for ft
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
ing such warrant shall immediately same mav be sold by order of th"
issue a certificate of sale to the Common Council at such price, and
purchaser for the propertv sold, stat­ on such terms as it mav deem proper.
Section 26: All of the provisions
ing therein that the sale is made sub­
ject to redemption, and that a deed of Sections 3245 to 3253, both inclu­
will be issued thereon at the exoira- sive, of Lord's Oregon Laws, are
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 ments under the provisions of this
of sole the owner, or his succcs- Article. Provided, however, that in
or. or any person having a lien by all such cases the application to nay
indgment, decree or mortgage upon bv installments provided for in Sec­
the property sold, or any part there­ tion .1245 °f Lord’s Oregon Laws
of, may redeem the same bv the pay­ mav be made within 30 days after
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 davs as in
redeemed and
twenty
per cent said section provided. And provided
thereon, with interest upon i
the further, that interest on all unpaid
purchase
,
......
..........
_ date installments shall be paid semi-annu­
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 pav-
and the amount of any taxes which nient, instead of annually as provided
the purchaser his heirs or assigns mav in Section 3249 of said Lord's Oregon
have paid upon said property, with Laws.
Section 27: For all of the purnoses
interest thereon at the legal rate
from the date of such payment, to of this Article the Surveyor of Tilla­
be paid to the City Recorder for the mook City shall be deemed to be the
purchaser.
Notice of redemption City Engineer, and the Common
shall be given as’ now provided for Council is authorized to employ such
by the laws of Oregon for the redem­ assistants for the Surveyor as may
ption of real property from the sale be necessary to enable him to proper­
ly perform anv and all of his duties
upon execution.
Section 22: A redemption as pre­ arising under this Article or other­
scribed in the foregoing Section dis­ wise.
..
Section 28: The Common Council
charges the property from the ef­
fect of sale upon such assessment of Tillamook City is hereby authoriz­
and if made by the owner or his suc­ ed and enpowered to establish by
cessor in interest, the ownership of ordinance the grade of any street
said property is thereby restored to within Tillamook City when sucn
such owner or his successor in inter­ grade has not been established, ana
est, but if made bv a lien creditor the may require from the Citv Engineer
amount paid for the redemption shall all maps and data it may deem neces­
After the
thereafter be deemed to be a part of sary in relation thereto.
his judgment, decree, mortgage or t rade of any -street has been estab­
other lien as the case may be. and lished by the Common Council the
shall bear interest and may be enforc­ same may be bv the Common Coun­
cil thereafter changed pursuant to
ed and collected as a part thereof.
Section 23:. After the expiration th" following provisions.
of one year from the date of the
Whenever it shall be deemed ex­
certificate of sale issued bv the Mar­ pedient to change the grade of any
shal if no redemption shall have been I street within the city, theCommon
made the then acting Marshal shall Council shall pass a resolution de-
execute and deliver to the purchaser, I claring its intention to make sucn
his heirs or assigns, upon application change of grade and describing the
therefor, and surrender of such certifi­ same. Said resolution shall be knit
cate a deed of conveyance of the pro­ of record in the office of the C'tv
perty sold, reciting the description of Recorder, and shall be published tor
the same as described in the docket not less than two consecutive weekly
of city liens, the amount paid, the publications in some newspaper pub­
name of the owner, or that the name lished in Tillamook City, together
of the owner is unknown, the date of with a notice to all persons concffn/
docketing the lien, and that the pro­ ed. giving the time and place, wbic
perty was sold for delinquent assess­ shall not be less than 20 days after
ment for street improvements, or for the date of the first’ publication o
opening,
laying
out,
widening, said notice and resolution, when ana
straightening, extending or changing where the Common Council will hear
grade of streets, or construction of and determine all objections and re­
sewers, or drains, as the case may be monstrances to said change of grade,
and that said assessment was due and and provide for the assessment ot
unpaid at the time of sale, and that benefits or damages on account ot
no redemption had been made. Such said change of grade. The Citv
deed shall be executed conformably neer. within three days after the first
to the laws of Oregon so as to publication of said notice and resolu­
make it eligible for record, and tion, shall cause to be posted in at
the same shall operate to convey to least two places on the street or