Tillamook herald. (Tillamook, Tillamook County, Or.) 1896-1934, June 26, 1914, Image 4

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    it witVt tli c city, the Common
Council shall wss a resolution de
claring its intention to make such
change of erotic ami dcscribini; the
Mine. Snitl resolution shall he kept
of rccortl in the office "of the City
Krcorder, ami shall he published for
not less ilun two consecutive weekly
publications in some newspaper pub
lishetl in Tillamook City, together
with a notice to all persons concern
ed, giving; the time ami place, which
shall he not less than A tlays after
the tlatr of the first publication of
said notice anil rcsolntion, when ami
where the Common Council will have
ami determine all objections anl re
monstrances to said change of grade,
a-. I provide for the matter of bene
'fit. or dimages on account of said
ch.iigc of grade. The City Engineer,
ui-.'iin three davs after the first pub
lication of said notice and resolution,
sli,.j cause to he posted in at least
two places on the street or streets at
P-nnts effected bv such chance of
n i a nonce neaneti .oucc oi
of Tillamook City, Oregon.
1U-. I r KN.UTKD nV Till- ri-o-
IM I OF Til I AMOOK CITY,
OKI-CON. AS FOLLOWS
Section r The Common Council
of Tillamook City is nulhoriied and
.mpowercd within the limits of Tilla
mook City, whenever it may deem
it opcdicnl , to open, lay out, estab
lish, widen, alter, extend, vacate or
close streets, ami to appropriate and
condemn private property therefor,
anil to assess any special lienefit aris
ing from n such matters and to
make the same a lieu against proper
t benefitted.
Section J: W henever the Common
Council shall deem it expedient to
hv out, and establish, or widen any
street, it shall direct the City Survey
or to survey such street, or change
therein as the ease may he, ami to
make a report thereof coutammg a
..lit of the survey of such street or
change, showing the boundaries there
of, and of that portion of each lot or
tract of land to be appropriated tor
in.h in length, and shall in legible
.characters state that such a resolu
tion has been nasscd hr the Common
(. nncil. the date thereof, approval,
o' change of grade proposd, and the
ti-vc within which written obicctions
or remonstrances against the same
tv v be made. An affidavit shall be
fiiid with the City Recorder of the
iM'sttng of aid notice, staring therein
t'- date when, and the places where
the same had been posted, and the
i n I titration of said notice shall be
i--ved in the manner provided by
t f-sr th- propf of publication of
such matter?.
Section 29: At any time within 10
ti.i after the first publication of the
res mttion provided for in the preccd
i-v- section, the owner of more than
o- - -half of the property affected by
s vH change of grade may make and
with the City Recorder a written
ction or remonstrance against
same, and said objection or re-
ti'.
oh
I'm
m
tK
of
C
v , ; 1
k
O tnge of Grade" not less than one I uch trcet or changCj which report
snail ie mane to ine v. ommon coun
cil within ten days from the time the
same i ordered, unless the Council
grant further time. Should the Coun
cil deem said survey, plat and rvport
satisfactory, it shall adopt the same
by ordinance embodying such report.
Section J: Thereafter, and within
00 days from the adoption of such
report, the Council shall appoint
:hree disinterested freeholders of
Tillamook City to view such propo
.d street, or change, and to make
n assessment of damages and bene
fits s provided in the next following
section, and shall assign a day and
place for them to meet, and shall
cause a notice to be given by publi
cation for at least four successive
.ecks in some newspaper published
in Tillamook City of the appointment
of such viewers, with their names and
the time and place for them to meet,
and specifying with convenient cer
tainity the boundaries and termini of
the proposed street or change, and
"he boundaries and description of the
private property to be appropriated
for such purpose and specialty noti
fying all persons claiming damages
by reason of the appropriation of
such property to file their claim for
such damages with the Recorder be
fore the time so appointed for the
meeting of the viewers, and the Re
corder shall also send by mail. post
paid, a copy of such notice to each
of the property 0 ner whose prop
erty i proposed to he appropriated,
or to the agent of such owner when
the pttofficc of such owner or agent
is known to him. but if such post
office address be unknown, then such
notice shall be directed to such own
er or agent at Tillamook, Oregon.
The published notice herein provided
for shall be deem. conclusive notice
to all owners of property whose
property shall be appropriated for
such purpose.
Section 4: The Recorder shall, at
le.st five days before the date set
'or such meeting, cause said viewers
to be notified of their appointment.
and of the time and place of such
meeting, and said viewers shall meet
at the time and place designated, and
shall then be sworn to faithfully dis
charge the duties assigned them.
1 her shall then, or on any subse
quent day on u hich they may adioum
(which adjournment shall not exceed
one week at a time) proceed to view
the proposed street or change, and
to determine and assess how much,
if any. less valuable lands, or anv
part thereof through or over which
'.sic proposed street is to be opcn-d
istrance shall he a bar to anv fur-
- proceedings thereto for a period
six months, after which, if the
nmon Council proposes to change
1 grade the same proceedings shall
had as in the first instance.
S -ction y: If no such written ob
jection or remonstrance be filed with-i-
ihc time designated, or if the com-n-'
n council finds that such objection
it remonstrance i not legally signed
1 the owners of more than one-half
of the property affected by the pro
I scd change of grade, the Common
C ancil shall he deemed to have ac
crred jurisdiction to change by or
dinance the Trade as described in the
ri-olution previously adopted.
Section 31: When the grade of any
str et has once been established, and
an permanent building or improve
ment has been constructed on any
lot .butting said street, or affected by
sue)' change of grade, the owner or
owners of any such permanent build
ings or improvements during the time
d si,-nated for filing objections or
remonstrances, may file with the City
ReC'Her a claim of damages bv
reason oi such proposed change of
gradi. and such claim shall denbe
the hnd up-m which such buildings
or rovements stand, and an cs-timut-
it the value of aid buildings
or iniprivcments. and of the damages
which s.ud change of grade will
icxm-.- thereto, and said claims, and
all "..iK m n's contained therein, shall
be s.,hi tn I v the party or parties
owrn.' sai I Luiidings or improve
men's and the land, or by their a
gns or local representatives. Thcre
nftc the Common Council shall ar-
ro.t three disinterested fr-cholders , !aia outi es,ab!ishcd. or changed, will
the - tme qualifications as viewers for
the -oening, laying out and establish:"-
of streets, to esti-naf a-d
!ct --nine the damages that will be
sust.iint d bythe owners ofbuildings or
impr. ' nu nts affected bysuch change
of pr .-, -1 to assess the benefits
accr:int' to property benefitted by
such rti.inpe of grade. The viewers
shall ) appointed, and they shall
qualn'v, ami notice of their meeting,
and ..f the filing of their report, shall
all 1' done in the same manner as
similar arts and proceedings are dom
in th- rt-cning and laving out. ?.nd '
cstarli1 mg of streets. The s;iid view- !
ers si.-!! include as a p:rt of the lien- 1
efits ;'"(! the amount of their j
cornf ' '..lor's for s.-rviees, w'ich
shall ' the sum of $300 Pch for.
each H -ir'nally engagi d in aid
seric, !nt tn no case si-,-II the a
mourt of such assesnmnt 1 t-nefits
excel '. tin cfjrl hmc't ' the t t
or parcl of I.md. or 1 ' '
erty so assessed, deducting therefrom
any d .1 , s or in jurit s " t n- i-m
A-hich ai-e lss than said In pcis N'.,r
ihall :nv damages h. aw:'r lil fr,r
any Ir'iMing erected prior to the
estabh'shrrn-nt of the grad'- which is
propose.' to Id- chanp. d. and no a
ward of damages to an - r- rson shall
lie greiter than the amount claimed 1 Council,
of the Citv Kecotdcr forthwith to
send niail. postpaid, a notice uf
each assessment, sl.itmg th- dMe
when the same will he conslderrd by
the Council, and directing "H ctsons
intctested to iresent in w tiling their
objections to said icporl, if any they
have, to the owner tif known) of
each lot, or part thereof, or trad of
laud assessed, any pari of which is
appropriated for the proposed sttert.
or to the agent of such owner when
the post othce address uImicIi owner
or agent is known to him, and if such
postoftiec address he unknown to him,
then such notice shall he directed to
such owner or agent at Tillamook
Citv, Oregon If such teiiort shall ap
pear to the Council to he in all re
spects reasonable and just, it may be
adopted by ordinance rtuhthl) ing
such report. Or if it shall appear to
the Council that the damage or ben
.fits assessed be unreasonable, un
just or insufficient in any respect, the
Council may send the same back to
the viewers fur further consideration,
and the viewers may alter ami revise
the same as they shall deem just and
again report the same to the Council
who may thereupon adopt or reject
the same. 01 the Council may appoint
new viewers with like powers, duties
and obligations as the first viewers
to make such assessments and awards
and to report the same to the Coun
cil, which shall have the same power
over such report as over that of the
original.
Section 6' The owner or owner
of any lot, tract or art thereof so
to be appropriated as aforesaid, or of
the improvements thereon or any
person having an interest therein, or
any person against whom an assess
ment or henefils has been made, may
appeal to the Circuit Court of the
State of Oregon, for Tillamook CotiH
tv, from such icport and assessment
of dam.ives n.d ben''it. An mm:
ber of person- may join iu sue 1 ,p
peal, and the only question to he
termined by such appeal shall be the
question of the excess of damages
oser benefits and the excess of bent
fits over damages suffered and re
ceived by each person joining in such
appeal.
Section 7: An appeal shall be tak
en by serving a notice of appeal with
in jo days from the adoption of the
report of the viewers by the Council
upon the Mayor, Kecorder or Attor
ney of the City, and filing an under
taking with one or more sureties who
shall possess the qualifications of
hail upon arrest in a civil action, and
shall justify in like manner, condit
ioncd that the appellant will pay all
cost and disbursements that may be
awarded against him on appeal, not
exceeding $ioo.cx together with
proof of service of such notice tn the
office of the Clerk of the Circuit
Court.
Section S: The City shall be con
sidered the plaintiff, and such appeal
shall be conducted and be heard and
determined, and the judgment there
on enforced, as far as practicable, in
the same manner as an action at law
The jury shall view the proposed
street, the property to be appropriat
ed, ana me property against which
benefits are assessed, and the evl.
dence of damages and .benefits xnay
u imrowiceti oy tnc city ami tuc ap
pellants, but the issues. tesiitiioAv and
verdict upon such appeal shall be
confined to the parties appealing, and
the jury shall not reas- ess any dam
ages or benefits not appealed from.
The jury in making the reassessment
of damages or benefits, shall, in its
determination of the same, be gov
erned oy the same laws and in this
charter provided for the action of
viewers. The verdict of the jurv shall
tie a ft it I and conclusive determi
nation . such assessment, unless the
judgment rendered in such case shall
e reversed or modified on appeal An
appeal to the Supreme Court of th
.,r.n.i; Mom siith as.rssmrnt
, u.M. shall be U,.t in a "I-'-"
and he applicable t ihe sal
failion ..( the rn lamagr.
c, benefits a-. cm. I to th. own,.,
and otlur person- llHe.r.tr.1 m -
propcrts ken . m darnag.-l '" ,h
or changing the slt " thf itwHrr
in which suih benefits are asses
and tor the payment of Ihe xen
incurred h) the City lor surveying.
adxertniwR and viewers in said Jr-
"seSm ,r Whenesrr the foil ?
mount of Ihc sssrssmenl of benrfits
as rnt'ieil in the docket of v Hy I
it paid into the Citv Treasury, war
,nt shall be drawn on the TteaMtt
rr. payable out of the fund t pfo-
nletl for that purpose, tor toe a
mount ol excess of damages, or ca
ress of damage and costs assessed,
and m favor ol the owarr or yn'
or other persons interested, and he
said wairants therefor are drawn and
rea.U for delivery to the parties en
, UltlNC
... t . I
(minium
rkli Usui's of a
1.. 'iii ,,,,,11,1
111 WMttl'i puiMiiueii i" j uiiM""-
('llv. Oregon, hi the I'll v Treasurer,
within one monin pin t . i-
trdcmpimn. which .ball l'f
lu.ivr notice to lite t1tt-t of 'aid
bond or bmid.. ami l.ilnr.t mi such
bond or bonds "
dale fixed in said nollre fur rolrmn-
tlou.
A Ml? AM' MB
To Atutwl fc"' '''I'"
City, Oregon. b Wl" ',,r
to h Arllrle lo be known
Hi-j of Villa mook city,
URUUON, S I'Ol LOW'S:
Section f The I barter of lUU
mook IH. ntm. huebt amfHiJ
ed b aiWing lhto an A 1 tide to be
Vnnwn as Article Mil. .th sUalt
read as follow
A TIC I V. Mil
1 The Inlttalivr nd trfrl-
endum powers reserved to the j )!
in a ai... L.. . 1 lltnll. .as
.-.i 1 ... .l. ...,i. ,.,Hiiv shall .i i',iu..,..k t u hs inr t imM'iiii"U
be appropriated lot the purpose of ttJ the Male of Oregon ! all .
such street and not otherwise, pro- , special and munUipal lagtstolbm ol
led. that no process o any twin every character tn r aara 1
mooa. Illy, saaii e fsrrfisms
K, i,rrtided lor b Ihe I nmm.sn
I.. 11 in oimnd n anpropn
ation for damages or the issuing of
warrants lor the same And unless
such assessments are collected, and
said warrants are so drawn and ready
for deli-, ery within nine months alter
be rendered thereby; and shall also
ascertain the respective interest of
all persons churning to be the owners
of the lands or other property afore
said, or of the improvements thereon,
or to have any interest in such lands,
whirV . rh l tiA nn.Rf j Stale may he taken from such ju.lg
Which each of said owner rrsfi-n. .1 . "
;.i. J.:tt 1 un-ni m tnc same manner as other
," us,nin- ,,u' thr. r.,K,,t 3,1,1 judgments of such Circuit Court and
title of the owners of such improve- j w jt, like effect
urZl'Jl "0,t !'ic afT",C'1 SUChr i Scc"on ,fa- PI'Hant fad, to
proceedimM, and he appropriation of recover greater damages, or to sr
such lands, if such owner shall wit 1- , 1 u. . ' . ,
! fs .1,... . .1 ri v " """ iinc asiestincni 01
in rx days after the appropnat.on of benefits, as the case may be. than
were assessed by the viewers, judit-
:ic!i lands shall he completed, or
.ithin such further time as the Coun
cil shall allow therefor, remove such
i'.ij-rovements from such lands. Other
. ise such improvements shall become
nd he the property of Tillamook
' sty. Said viewers shall also make a
just and equitable estimate and as-
ssrncnt of the value of the benefits
,nd advantages of said proposed
reit or change to the respective
owners and other persons interested
in all lands or other property which
said viewers shall deem specially
benefitted by such opening, laying
. .r. i.ii .1 1. 1 ' ,"a, I"lrP,,; snail in- presumed to
irns ""y l'KHy tak.
7 j v ' en, until the contrary is shown.
..itnt for damages and benefits as m ) Section It: The Council at the
inis .-.cctipn rerimrtu to the Common I oiration of tl- lime limlird nr ....
mnt shall be rendered atrainst him
and his sureties on appeal for his pro
portion of the costs of such appeal to
be paid pro rata according to the re
spective amount of damages and ben
efits assessed. The same fees and
costs shall be taxed and paid upon
such appeal as arc allowed in other
actions.
Ss-ction to:. In all actions, suits and
proceedings conct-rnint; the oneninu
i?ying out, establishing or changing
Council ol TmarH.h t Hy. O.egoH.
subject to Ihe provisions of said Con
stitution, provided, however, thil no
nr.lin.nte of Tltltmooil ", Ofn?st.
it, iriniiniimn of the lime limited .till u into vrfecl wllhln less than
ior appeal, if no appeal b take, or ih,.ty ,Us afKf Its Wtg b b'
within nine month from the remH- Common Council and appfovrd b
lion of final judgment on appeal, II , ,he Mayor, unless Ihe same shall be
an appeal b taken, all act and pro-1 Bed over Ms veto, and In that ce
endings under such survey and view J, .ih nt take effect and koti
shall be null and void, provided that 1 operative until thirty At ''
the Common Council may order the Anal passage, eseepl measnres neeet
whole amount ol damage allowed. Mry the Immediate prsevtloo
or such part there 1 I as H nay dtem J the peace, health salety ! ihe
proper, to Ik j-atd uut ol the general ,y 4m B urh emergency measure
funds of the Ulv, or may ord r the kj,j Income immrdialclr opcmtlve
siime to be so paid temporarily, and 1 unlet it itM.lt Ml f a epn.
that the general fund be rvitnlmraed lH,n ,h reasoos why it I neary
for said payments from the special ' tna t should becom Immediatcli
fund provided (or that purpose when opera live and shall be approves! by
the same shall be collected. . ihe affirmative vote of three-fourth
The Recorder shall not deliver any of ,p , member rieeted lo ihe
warrant for damage on account of 1 Cono Council taken by arei gnd
the opening or widening of a street j80es, and also roved by tat Uf
until the person in whose favor such '
warrant i drawn shall have eahlbit-i tiitm f The Cummon Connril
rd to him Mtisfactory proof that provWe foe the bna,m to
there are no prior liens on the land ,hlt jCJf, lMff, TllUmoofc C ll
appmprwied which may be affected fat fw M rejection any
bi such apprtpriatio. ordinance or charter provision, or
ectmn tj And when said war- 4wwdwrw, withal petition ihrrr
rant are drawn and ready for deliv p,vidr for the calling
erv lo the panic ermiled to the same of u, ffc.trliww ,rt ,rte uptm
the property required lor Public use of4lriVce. or charter amendment re
a shown m he report of the City f A Kr , , w hc r
.M,rjeor shall be deemed appropn- j h mtip Hf n,i,rrt. Bw kaib
sled for the VUtmt of ihe streel, and tkttUm Hall be held ssuhool J das
the Council shall be deemed appro- ,hc0 ftf, g
v T .L t- K 7.1 nnbiication in two or more rnnscru-
Yi' l.T" V'"WTA s.k, issue ol .., new. paper
publithed in 1 lllsmook Clly, Ottgon.
which notice shall Contain the fU
rviiiira til i
"""IPII till P-...
"Mir
Some I. heel,, KUts
.....ok C.m,y. umm,
l.riit li dint r ...... 1 n
l'iit..ii.l I' ii . '""t
'--, nr.,
' " I'fllOH, I ig.
f.Hllo.l, liaung . '.rtuoniut
i.iv soiiiieiinn ., Uhj .
" 'y "s'm itf
the first Mhll(ti.,,
n . . i .ii . .
ia,c ,. Uit .
194.
i i ii..n,FA.
I .....
vnij i
Notice of Cumi.tf.l p..
monk C miniy. n L,V
- : - --' hi. ,.i ii .
Hay Constriiiii.,., .
f the inl.t.i . ,
auy person, h....
Ihg objections i ,
lion nf said ...k. .
IwO WfVk llo'ii -),r
V nbKcatioH
Dales! ibt tl. . i
J. t It
i,
ii m
I
to
1 I.H.'
vounijr i lcit
lloosirr Hind flout.
declare such street lo be opened, laid
out. established or changed, and with
in thirty day after Ibe adoption of
said resolution the City Surveyor
shall file for record with the County
Clerk of Tillamook County, a copy
of said resolution, and an accurate
plat of sid iret: d id .e prpi
ty o appropriated for public use.
Section ia: The Council may pro
vide by ordinance any regulations a
to tnc manner at opening, raying out,
establishing or changing street not
test of the measure to be voted up""
at said etectivn. logeihrr with thr
form in which said musliwo wtt l-r
submitted BOO the oflicwl bHt l-i
voting thereon, and said rirction
shall be held within thirtt- dm f (nm
ike date uf She first psbj-ti if of
said notkt. Mhe notice .bail be
given of the submistUm of any jue
tbm which i to be voted up t sny
feueinl eteclion held m t .lUmook
Ibe nam.-..is . .
Hand. Hilt mu
rd at W kerUi. , .
ulr
There ( ..iir m -tn
Ibr Land .U,i
(or ibe refi v -. r '
ber with i m pi tg:
I he t lIUlii., k -Hand
nii b ,it ,
A ft Fits if ;
stllr tost )ui i
ff gottualtoA
Ibr MiOil it i, .
prrpaiall'tn ! -t'raiiu,i
ni ! .
fs Ii Min.J r.-
Norihwrit it it-..
1 br band ('
Up.-.M Mf es..--'
Count Ui v -
t.)i ' II Ihr ! '
than I. ting tf
In wilr In i..i)'
cllorti ssiHild i -
W'OUlii lt(il !'
Nnlloiinl I ufctt
'm'tt.
' t
. ,a.i ..i. . ' -a . gtacrai net i ton nin m i ,i:
prmide by ordinance anything eon- T
ventent ami crssary tor the en eel- -
ual carrying out of the spirit and in-) a UEi'lll-
tentmo of this Charter. To gtwued the Ch".r, ,i Till
mook City, Oregon, b d in-g there
A ilK.ASl'RE l?. W he knowi. rtilr
To amend the Charter ol Tillamook XIV providing for the rc .iidina .,1
City. Oregon, by adding thereto
an Article to be known as Ar
ticle XII
BK IT KNACTKD HV THK i'KO
lLK tF TH I.AMOOK CITV,
OREGON. AS Pfil.I.OU'K-
Nection
I 1 he Charter nf Till.
mook Citv. Oregon, is hrrrt.v miH,l. : ed by addiitif thereto an Aftirt
ed by adding thereto an article to be ko Article XIV. prtrvidi r
ibe outstanding warrant Imjrt.t. dn.
ol rtirawoo C liy. regn
BK IT RVACrftb BY THt cm
r'LK OV Tll.t.AMOOh f l IN.
RKUOV AS l-MI.I v. s
Section i 1he Charter ! I dlj
mook Oly, Oregon, is lurbr i ,rnd
lot
u,n uu uriiKn.neu a Article All, umiraini Ol inc itllll"l'luik-
10 reau as ioiiowS' warrants oi I mamooK lly. tJicsmi
ARTICLE XII. fhlth amendment shall rsi 4,
Section t .hall be lh dniv n lows
the Mayor, whenever nruiun .a, ARTICLK l
procure blank bonds of uiiiahl .t. i Section f The (
sign, and cur the tiimr ia Im urn. . of Tillamook i , '.,..,, i,.,i.
erly prepared in amounts of not less l?'norif '" ' gemral h..rtd of
than $10000 eath, made payable with- 1 Tlllarnonk tin, lirigon, upon Hi
111 a period of not to exered twmtv
years, with interest payable either an
nually or scmi-annii.i t . h.j 1.,
directed bv the Comin.,11 ( outicil All
sucn nonits shall have designated
wiercoii water itonrls , Street Im
provement Bonds", "General Bonds",
or Otherwise s the rase may be!
Milc of said bonds shall in any rvmt
be sold othirwise than lor cash nor
Shall Ihey be sold for I. . than ihe
tittr vattm 1 1. .. un f ....1 . 1. . .
" .i"'i uie rate ol in
of any street under the tirovisions of! tcresl thereon shall II Ol I'lfrnl aiv
!.: f'l.-.-s..- 1 1 1; i.i I iti.r
tin vm,w ici, .ill (11 l(fCMIIlS ll.Tf (r I " rtnilUIH,
' sl.-s ....... . ..I.,. It 1... 1
CXCCpl after tllr Ilslatfr nf tit.
tintt 1 . s tls r t
!.. -, fit.., . '"""en ur ap- ..j ... ,,unnncn t ouncil aiitli-
sw- rn to hv said rierson as here- nm- -,f ,,. :..r.' : . 7. rv"V " I'l'c.ii oc i.ikcii, or immcu- ",K -mr, which ordinance
inhofore proVded. and if in the judK- name of any owner 7 or a statement I T. '""n ,? rc,,.r." ' f "'rJe!:f-...,i'rcl to
Section 2' S
acti r sh. l! o -r
bond of any rhar-
h Issilr,! iif...,i it.
a...,. a.
" ' " -Mi. lo an .-.nu .ntii not es
ee.dmu J-o.cj,, and , ,hc nf,
Crrds In, 111 thr tab of sti. h Lund l
the dlsitiargr and pavin-m of thr
out.laiidiiig city Mariaiits of Tilln
i..i,k it. irrgou. and for nrces
.ir iimii!.r rsprnse .. said city
for the yrJr lyl.t Provided, how
ever ih.it no part f ,4I)J pff,,.!,
shall hi used for ibr payment )n
whole or tn part of any such warrant
. inch buve brrelofoie. or may brre
.(1 r be issued without ny consider
ation tbeief.ir hiiving been received
hy said lillainoook Citv
Sertion j n. of tUr I
NinTICK LH IIKi.t v ul.M
the Ulvtla ilrsi-f ' ', IS
IflK1 ft) 'A arte, w It -V
.N.Ofitml rnrrit. t'rejf " Js
pJiTlHss U tnc r b 'r ,1
Us tfiiitml Hutrs I " ft!
land, Offfguu, on A ' "JlC
Mtllor Sthii was a ' s . !!
Bi-'t'Cullural 1 .( :n 1 ft h
1, UnL ami Ii AS tu I A ' CJ
r.ns pftifrr.-i.ee r h- -Mtsi!
lead nitry fur ti c .s ' '
piesl. Hokl laixU Wc -f tnl t
app'iealiori. -if tho ie- W"!
lrl. W, who hr A f-ii.K-t
to ll-P .ri. , I ' '
settlor. rirMVldr-' ' r r
Kl.irt .lal thn lifrfr- 0 t tl
. . . . .
wbleh duto tho 1:1 'it'
ixirtliu. Tint InrviU ae
I. tb CJ nf I..t 'l, -e 'TIS.
W W. M,. K.W .-rr' ut JW
S I. 1 S S . t
IMIVHlsl'H "4 e'"'f "
Way idt UUl. t i't't, Am
Vi" t ll"Pmt ' - '
Olllfn,
N'lillcc ClnsliiK .Slrcami.
faith and credit of I illamook fiiw 'by auihnrird shnll l.r st.l ,..i.......i.
f ' I K.i i . . . . ,
jit nt oi sail viewers the wholt? I f a rlA tllr. nllwir vlin ! si...
amount of said damages and com- owner, in such report, or in the or
Pensat.on of viewer shall exceed the dinance a.loptinK such report in the
...i : . -i v...w . "i v, iioci.i-1 oi cny liens wiicre tin- same
Mibject to assessment, they shall so is entered, or in any notice renuired
indicate in their report. The said
viewers shall make a report of their
findings of benefits and damages to
the (' ornmon Council, and the same
shall be heard, considered and adopt
ed, and the assessments of Lenef.tc
shall be levied, docketed and collect- 1 rendered in such
by this Charter, shall not render void
nor in any way affect the lien of such
assessment upon the property assess
ed The viewers shall receive as com-
voters of Tillamook City, pro
tnai tnc i oiiiiiion t ouucil m.on
anneal, if anneal is taken
uiccm it adviseable to mu-n l.-iv legal
establish or chanire said si reel in i,r' vided
suancc of said judgment, shall by res- '"c passage of such ordinance may
oltttion direct the Recorder to enter 1 I'fvidc for its submission lo the tieo-
wuinci ui uiv urn; me rciiirf-
live stittift of benefits over l;imaR
i nan lor ch or In rtri.MH.. .s,
standing city warrants, and hi no
vent for any le, than ihe par value
thereof, but the holder nf any M,cll
warrants, the payment which is
ot prohibited hy tl,r provision, of
nicle, may e, change such war
rants, with the consent of the Cum-
..on ouncil, tor said bonds, said
I V Tl
ff-l hi
. . lul
. tl ."--I
. 1 Jfc
. it 1
I ff. M.v-
oroide irTC,,!i" "r iul"l"i'1'. "l ' l'01"1 lo . l l-ar wl h accrue
provided also that if any ordinance it.lercti and the id ,..r,,. .""f "
i i " r i , . i o i
mi me same limn
assessed, upon each particular lot or sJm" he pasted or adopu-d bv the Itit
parcel ol laud, and the names of the ' .-'"union Council authoriiiiL' the issn. I S
owners or other parlies iu interest in
ed, and kept in a scperate fund. An
appeal from said report may be taken
and the findings of the jury in such
cases shall be final and conclusive in
the same manner, to the same extent,
r.nd with the same effect as provided
I1 " ' "!!" ! r other property benefitted
,. - -j I .-mu assessen in like
service, io ue pan l scssitietits for
ance of bond for
tile same shall he
manner as as-
street improvements
I... .1... - . i , . ' ' :
uy me cuy aim cnargeu as costs, audi are entered in said lie,, .Wli. i ,
.... - - - - - , mi.. ,,,,. ,,ivi,(,L. au n
I
shall tirenare
reports for them.
Section 5: Upon the filing of said
in the opening, laying out, establish- ' rol,orl f. viewers with the Recorder,
ing and changing of streets. When ,s,la" ""mediately cause a notice
such assossinent is fnlK- eoll.oi...! ,i... ' to be published for a ncriod of two
- r M . , .. I Wf-eL-s 111 n n,iwti,',i,a. 1.111 I :..
v-oiiiiiiuii v uuiieii may cnatige wie ; . - ;".""pi'n iiuuiuucu
ing the issu
"iy purpose, and
:uifir.v,.,l I... .1...
ii ois.ipproveii uy him pass
ed .over such disapproval, ami if the
power of the referendum be ,
thereupon invoked, the issuance of
such bonds shall be deemed authori'
ed without any election rv.ll...i i...
the
lien or charge unoii the estate :id
interest of the resnertive owners r....(
,i'.r,..L .i,.v.... ... i. I.... .. ftin, ...... . . ..
'in va imviini in .such i:iiifis fir n, int. n.,t inii uosi:. t-xef-iii iieit ... .......
property and also the said owners C-oniinon Council shall by ordinance
and other persons interested, as afore Provide for the issuance of street im-
said, shall he respectively and sever- provcrueiit bonds without any guar-
lly llll If I C to DstV hUid :i Kf't titti ! i antce of thL.
cfrmli nf cn.il tr.. 1 illamook Citv. Qrctinn. of thr filmcr i and in c;isc no anneal or mlwr i.r. w1io!c or in fian tun f
shall be drawn upon the special fund ?' sa',11 'eport, giving the date not codlings tn Court he taken as to any ,,"",s ' illamook City, such ord
so provided in favor of the person en- ' l tI,a" ? :'ys from the date of the ' s,lc" assessment of benefit or dam- I'-nicc shall not he subject to the now
titled to damages. But if after the 1 fl1rRt Publication of said notice, when as. the said excess so assessed '" "l.the refrrcniliim.
collection ol any assessment as here- J. SJ,"C c consmcreu uy the i " "c, to ine i reasttrer of (he orcnon 3: All honds issued hv Till
I.I...I .L - -. m LflMlmnn Pnnnil .iMcrtl.tr,, ...:!.. I llv of t lll'iitiswL- ...til.!.. ..... i atnnnl. r'l,.. .I...H . ' f 1,1
in jiiuviueu 111c common council -': 'ihuhhuk nun ; ' ' , niiuiii icn uayjt
shall not change the grade of any!"" "" .1" certainty ine boundaries
street, the amounts of any assessment 1 of H'e "'strict assessed by the view
so collected shall be refunded to the 1 tr ,n 'a"J report, and notifying all
person or persons paying the same. , J'""0", interested to present tn writ
by ant! through their legal represent
ativcsor successors
said matter.
in interest as to
A MJ-ASURE
To Amend Article VIII of the Cbarr-
a ": aiimoW f'i, .I...II "f "
... ... . ... ,,,,, ,t nays nuaii reserve the rit'lil
or'!h "'1 1 u". " l7"'"K '' 'mc 'c ty to take up am cancel any
on the docket of city hens, or the ' all of said bonds upon payinrrit ,,f
same shall be deemed cJeliri(,i.,-nt ; and l,le Uiercnf with a ccriieif Interest
thcreUDOti s ha be co Wm.t l lit-, to he dale of .net. ' "lrrct
ing their objections to said report, if manner as provided for the collection er ','ve from the date of such
any they have, and said objections, of other delmcuetrt assessments , ''" . which right of redemtit , U
, ..v.... ... uciciiuiiieii i-.-i-v... ,1,.1n niiiLii assessments are 'J",-,, ""'"is Mian he rrdermrd K,
by the Council at. the time specified Ii'c al delirifucnt is not sold at any consecutive numbers conn ;,i,7
iu said notice, or at such other time
as the hearing thereof may
journca to, it snail also
1 other time a'V proceedings ny be begun 'for wlh the lowest number 1. "15" a,!5
nay be ad- a wbsequent sale immediately after " of the intention of the (It v
1,1 ie uuiy ui a .aic are made. All 'tu"' ""y 'muds shall br published
aici 11 1 nu- ,,..u 1 1...
:iiiih,i,-.t ri.-n ,' ""r"y
,,, """" ""y issiini alter
tlic pnssagt -of an ordinance by illr
Common Council aiill.nriinK the
wiic and said bond, shall be payable
vilhln a period of not exceed
wenty yt,UN , )far il)lt. ,c
rate of not more than ,ix per fr, ,.
I'tr aunui... payable annually or -'
' ly as ihe Comnum Co, I
ay determine, will, ,r rK, ;
reserved 0 Tillamook C ty e
!cr... and cancel any or al o sal,
mniU upon payment of ,,c ff'
creo will, accrued it.terest hJ
date f such payment at or after five
yn 1 from the datr of such bond
Such bond. ,ha he re ee.nc y
wiiht',i,eivrow,,,,,u,1,cr.'
two coniecittivc sines of i.i.,.
P-M'cr ptibllshrd in Til an, ok 1 .
prrgon, by the City Trca , ,r will?,
"one month ami not !, than e
y Prior to thr ti,f "rd r he ,
rcdcmptlo,,, which .hall be concl .
Mid notice for redemption.
KNOW Al l M
l'HK.sl-lN'TS. Hut
plllpose of propai-'-i.i
iraiertin(c the i.iln
itienl the waters -
ami its tiibtiur.K
County, Slate of
llit:inl of l ull and
loners has decided
N'esiucca River ,r
above a point on 4i
, 1......1. ..1 1 ,v. 1
Mi iiiiiiiiiiii ii,--- ... . .
nut r r iiiiisi iiiifiitin '
of Horn Crck n l 1 '"n"
or 1,. .......... ,1 i.il ir, it rr m rl
inraii whatever, 1
anil Hue. ciimmniiU j'1'" 1
ior u iiiiin n. n ni in ii. I-"
il...M I, 1 .. .. 1 1 r , ,hrd
sffitu i-1 1 1. i 1. I 1 If l N't'l
IS lll-RI-HY f.lM N IV hM
11.., ..1 ..1 t.-i.i. t.jiur (.(""-
, 1, in 11,,,,
ioncr that nld Nrsltuci HI"'
its trlbi.lnrir above 4 I""".-,
... . i......,rfil
rirsiurra mver our in-
f . I .1 I. n,.llllftil nun--
icei iieiotv 1 lie limn "
ilie r.wiiliiriii-i- nf I lorn t. rcrs
..I . I rli nl
usuiii.i mver, ,iir .-, .
1. 1 1... -I......I 1., fi. hlllL' W
l IIL'irilV Llll.lll i ,
moms whatever, except .
31111 Mile i 1 1 1 1 1 1 1 ( 1 1 1 V 1 .mi." -
...... ...... .......... f , ,,.
nil S.MIIIOII nan, ii"" 1
....i.,i. 11 11 .... ii, m i 1 by 01
niiaii.1. t ... lsili-ill IlklllllK "O f
"l'viitti t aisinisii " ,.th
accordance with :rcin .
I 11.. -,. 1 ...... mill II "
l-tllll S UirUUII """! ,' V nf
will be unlawful t '
mi i.ilill Hiiy ,iiiii" i.i.
-verlit ViU
nun iiiir. a iiniiiitjiii .
siiu.ll1....!
An.. I ..II f.ortntlft iiv""
' J ww 11,11 U
ew. r.uI.I.. !.. s,1,s iliilll 01 ! -
will be proitcitled as ny
C' Slate Hoard of FUb nJ
.oniiiiiiiioncrs. ,, ,. tvp
lly bloyd llllycu, ) v
Oeo. II. Kelly and M. ' h
1- 1...1 ;
Dated at J'orlland, Orctfo.'
lyis.