TH E NYSSA G ATE C IT Y JO U R N A L
The Gate City Journal
- - Owner
W IN IF R E D
BROW N THOM AS - -
Editor and Publisher
LO U IS P. T H O M A S - . . .
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Published every Thursday at Nyssa Malheur County, Oregon.
Entered at the postoffice at Nyssa, Oregon for transmission
through the United States Malls, as second class matter, under
the act of March 3. 1879.
N Y SSA G A T E C IT Y J O U R N A L ’S
PR O G R A M
------+ ------
Co-operative Marketing Association
for Malheur Fanners
A Properly Equipped Trailer Camp
A City Park
A Comprehensive Street Improvement
Plan
Legislative powers of directors— Resolutions
and ordinances— Emergency ordinances.
56-3433. The board of directors shall consti
tute the legislative body o f the district, and shall
determine all questions of policy. A ll legislative
acts of the board shall be expressed in written
resolutions or ordinances, and every ordinance
enacted by the board of directors of a district
shall be preceded by an enacting clause substan
tially as follows: “ Be It Enacted by t h e ---------
Peoples’ Utility District;” and all such ordinanc
es, except as hereinafter provided shall require
the affirmative votes of a majority of the board
of such district at a regular meeting, or an ad
journed regular meeting. A ll ordinances, except
emergency ordinances, shall be subject to the
referendum and shall become effective 30 days
after the date of their passage, unless a later
date is fixed in the ordinance itself, in which
event they shall take effect at such later date.
Emergency ordinances shall contain the state
ment that an emergency exists and specify with
distinctness the facts and reason constituting
such emergency. The unanimous vote of all
members of the board present shall be necessary
to pass any emergency ordinance and no such or
dinance shall be passed with less than four di
rectors present. All ordinances shall be voted up
on by an “ aye” and “ nay” vote. (L. 1931, c. 279,
no. 33.)
Taxes— Levy and collection authorized.
56-3434. Subject to the limitations contained
in section 11, Article XI of the state constitution,
the board may levy and collect, or cause to be
levied and collected, taxes for a period of ten
years, but not to exceed two mills in any one
year nor more than ten mills in said ten-year
period, for the purpose o f paying the obligations
o f the district; provided, that no part of said
taxes shall be so levied and collected for the
purpose of paying either principal or interest,
or both, on any revenue bonds issued by the dis
trict as herein provided; and provided further
that in the event of inadequacy of the revenues
of the district to pay the costs of operation and
maintenance thereof and the principal of and in
terest on the bonds o f the district promptly as
the said bond principal and interest obligations
respectively become due and payable, neither
this limitation ftor any other limitation in this
act contained shall restrict or impair the right
o f the district to levy ad valorem taxes against
all property within the district taxable for its
purposes in order to provide the funds with
which to pay the said general obligation bond
principal and interest when due. Any utility dis
trict created prior to the effective date o f this
act may levy taxes as in this section provided for
the same term and under the same conditions
as would be applicable to districts organized af
ter the effective date o f this act. (L. 1939, c. 387,
no. 4.)
Supervision and regulation of utilities owned by
district.
56-3436. The board o f directors shall super
vise and regulate every utility owned and, or,
operated by such district, including the fixing
and adjusting or rates, rentals, charges and clas
sification, contracts, practices and schedules, for
or in connection with any service; product or
commodity owned or controlled by such district;
provided, however, that in fixing rates, such
rates shall be sufficient to provide the funds nec
essary for the payment o f the principal and in
terest o f any revenue bonds outstanding, after
paying from said revenues all expenses o f opera
tion and maintenance, including taxes. Such
rates so fixed shall be sufficient to accomplish
the follow ing purposes: (a ) For the proper op
eration and mainteance o f the property o f facil
ities owned by the district; (b ) to pay all taxes
which may be levied upon property owned by
the district or which it may be required to pay
the time, manner and amount o f payment; (d )
TH U R SD A Y, J A N U A R Y 23, 1941
for the payment of any other indebtedness or
out of its gross revenues; (c ) for the payment of
the principal and interest o f all bonds, warrants
or obligations o f any character in accordance
with the terms and provisions thereof respecting
obligations which the district may be obligated
to pay; (e ) to establish and maintain such spe
cial fund or funds which the district has obligat
ed itself to create for the purpose of paying bond
issues or other obligations. (L. 1939, c. 387, no.
5.)
Taxes— Levy and collection.
56-3446. A ll taxes as herein provided shall be
levied upon all property, real and personal, sit
uated within the boundaries of the district, and
which is by law taxable, for state and county
jurposes, and such taxes shall be levied and col-
ected at the time and in the manner provided
for the levy and collection of state and county
taxes, and shall be by the county officers col
lecting the same paid to the treasurer o f said
district. (L. 1931, c. 279, No. 46.)
Purchase of supplies and materials.
56-3447. In the purchase of supplies and ma
terials, when the expenditure required for same
shall exceed the sum of $1,000, such purchase
shall be made by contract to be let to the lowest
responsible bidder, after notice by publication
not less than once at least 10 days before the
date fixed for opening of bids in a newspaper of
general circulation. The board may reject any
and all bids and readvertise for further bids.
(L. 1931, c. 279, No. 47.)
Unappropriated waters of state— Right of dis
trict to acquire.
56-3455. Any utility district created under the
provisions of this act hereby is authorized to
acquire in its own name the right to use the un
appropriated waters of the state of Oregon in
accordance with the lows of the state o f Oregon
in force on January 1, 1931, and for the purpose
of this act such laws in existence and in force in
the state of Oregon on said date shall be consid
ered to be in full force and effect; provided,
that the time within which any such utility dis
trict shall be required to make application for a
federal permit or license shall be 10 years from
date of filing application for the appropriation
of water in the office of the state engineer. (L.
1931, c. 279, No. 56.)
Taxation of district property.
56-3461. All property, real and personal,
owned, used, operated or controlled by any peo
ple’s utility district, in or for the production,
transmission, distribution or furnishing o f elec
tric power or energy or electric service for or to'
the public, shall be assessed and taxed in the
same manner and for the same purposes, and
such district and the directors and officers there
of shall be subject to the same requirements, as
may now or hereafter be providedi by law in re
spect to the assessment and taxation o f similar
property owned, used, operated or controlled by
private corporations or individuals for the pur
pose o f furnishing electric power or energy or
electric service to the public. (L. 1939, c. 387,
No. 10.)
District may be dissolved.
56-3462. Any peoples’ utility district now ex
isting in this state or which may hereafter be
formed or organized and which for a continuous
period of ten years from the date of its formation
or organization has remained inactive and has
not progressed further or done more than its for
mation and organization may be dissolved when
ever a majority of the qualified voters Qf the dis
trict voting at an election for such purpose shall
vote in favor of the dissolution of the district as
hereinafter provided. (L. 1939, c. 387, No. 11.)
Legal Advertisement
N O T IC E T O C R E D IT O R S
the County Court of thr State of
>rr*on for MtMifur County.
estate described In the complaint on
file herein, and hereinafter describ
ed:
IN TH E NAM E O P TH E STATE
O P OREGON, you are hereby requi
red to appear and answer the com
plaint filed against you In the above
entitled Court and Cause on or be
fore the expiration of four weeks
from the date of the first publica
tion of this summons, the first pub
lication being December 26th 1940.
and in the event of your failure so
to answer plaintiff will apply to the
court for the relief prayed for in the
complaint on file herein, to wit:
For a decree adjudging plaintiffs
to be the owners In fee simple of
n the matter of the estate of A.
GOLDSM ITH, Deceased,
totice hereby is given by the un-
-slgned to the creditors of and all
■sons having claims against the
d estate or deceased A. A. GOLD-
1ITH, to file them with the neces-
y vouchers within six months
er date of first publication of this
Jce at the office of the under-
ned at Nyssa. Oregon.
C AR L H. COAD,
Administrator of said Estate Lots Three (3) Pour (4) and Five
(5) of Block Seven (7) Teutsch's ad
ted and 1st pub. Jan. 29. 1941
dition to the Town of Nyssa, now
it pub. Peb. 20, 1941
S IM M O N S
IN TH E C IR C U IT C O U R T OF
THE ST A T E O F O R E G O N FOR
M ALH EUR CO UNTY
H A R O L D H. F L E T C H E R and
M A R G A R E T FLETCH ER, husband
and wife, as tenants by the entire
ty, plaintiffs, vs. Roy Willoughby
and Mrs. Roy Willoughby, husband
and wife: J. M. Hartnett and Jane
Doe Hartnett, husband and wife,
and the unknown heirs and devisees
of said J. M Hartnett and Jane Doe
Hartnett if either of them be deceas
ed; also all other persons, or parties
unknown claiming any right, title,
estate, lien or Interest In the real
estate described In the complaint
herein, defendants.
To Roy Willoughby and Mrs. Roy
Willoughby, husband and wife. J. M
Hartnett and Jane Doe Hartnett,
husband and wife; and the unknown
heirs and devisees of said J M
Hartnett and Jane Doe Hartnett, or
either of them. If either be deceased;
also to all other persons, or parties
unknown claiming any right, title
estate, lien or Interest in the real
City of Nyssa, Malheur County, O re
gon. as shown by the Revised G en
eral M ap on file In the office of the
County Clerk of Malheur County,
Oregon, and quieting title thereto In
the plaintiffs; that defendants be
required to set forth the nature of
their or his claim and that all adverse
claims of the defendants and each
of them may be determined by a de
cree of this court; that each of the
defendants be forever enjoined and
debarred from asserting any claim
in or to said land and premises ad-
vewe to the plaintiff; that the R e
gistrar of titles for Malheur County.
Oregon, be ordered and directed to
issue a duplicate of title No. 363. and
to enter thereon as memorials such
instruments of conveyance or copies
thereof. Including the decree In this
suit, as may be necessary and prop
er to show a complete chain of tit
le to and In the plaintiffs and that
a new Certificate of Title be Issued
to and in the names of these plain
tiffs ceritfylng that they are the
c i ***1 lots and
..toother iwth the
tenements, hereditaments and appu
rtenances there unto belonging and
for such other relief as to theC ou rt
may seem Just and agreeable t o e q -
uity and for their costs.
This summons Is served upon you
by publication by order of the Hon-
Robt. M. Duncan, Judge of the a-
bove entitled court dated December
23, 1940. The date of the first pub
lication Is December 26, 1940 and the
date of the last publication Is Jan
uary 23, 1941.
A. L. Fletcher.
Attorney for Plaintiffs.
Residence and Post Office Address,
Nyssa, Oregon.
First pub. 26 Dec., 1940.
Last pub. 23 Jan. 1941.
N O T IC E O F S ALE OF C O U N T Y
O W N E D LANDS
Pursuant to an order of the Coun
ty Court of Malheur county, Ore
gon, dated the 2nd day of January,
1941, I will on the 8th day of Feb
ruary, 1941, at the hour of 10 o’clock
a. m., at the front door of the Coun
ty Court House at Vale, Oregon, o f
fer for sale the tracts o f land here
inafter described and numbered for
not less than the prices fixed by
said Court with the proportionate
cost of publication added thereto.
Said lands wUl be offered for sale
to the highest bidder for cash; or
all tracts priced at $200.00 or less to
the highest bidder for cash, and all
tracts priced at more than $200.00
and not more than $500.00 for cash
or for not less than 20 per cent cash
and the remainder to be paid under
written agreement with the pur
chaser in equal installments over a
period not exceeding 5 years, and all
tracts priced at more than $500.00
to the highest and best bidder for
cash or for not less than 20 per cent
cash and the remainder to be paid
under written agreement with the
purchaser, in equal installments over
a period not exceeding 10 years; all
deferred payments to draw interest
at the rate of 6 per cent per annum,
payable annually; all sales and
agreements to be subject to all the
terms and conditions o f Sec. 69-813,
Oregon Code, and Chapter 402, Laws
of 1937; all lands within the boun
daries of irrigation or drainage dis
tricts to be sold subject to any valid
assessments made or to be made by
said districts since the date said
lands were acquired by the County
and all lands within the boundaries
of the Warmsprings Irrigation Dis
trict which have been classified as
in Classes 5 and 6 and as to which
said County has heretofore by reso
lution dated September 3, 1930,
authorized a transfer to said district
of the water rights appurtenant to
said lands are to be sold without
water right.
Said lands numbered as to tracts
and with minimum prices set op
posite each tract are as follows, to-
wlt:
608A—Lots 5, 6, 7. and 8, Block 24,
Original Town, Vale, Ore.: $225.00.
609A—Lots 5, 6, 7 and 8, Block 30
and Lots 1, 2, 7, and 8, Block 31,
Original Town, Vale, Ore.: $50.00.
610A—Lots 2, 3, 4. Block 6, Hadley’s
2nd Add. City of Vale, 0re.:$30.00.
611 A — Lots 13, 14, 15, and 16, Block
6,Hadleys 2nd Add. to Vale. Ore.
$40.00.
612A—Lots 1 and 2, Block 3, Rine
hart Add. to Vale, 0re.:$20.00.
613A—Lots 23 and 24, Block 5, Hope
Add. to Vale, O re.:$20.00.
614A—Lots 1 and 2, Block 6, Altschul
Add. to Vale, Ore.:$25.00.
615A—Lots 1, 2, 3, 5 to 16 inclusive,
Block 8, Northwest Townsite Add.
to Vale, Ore.: $37.50.
616A—Lots 1, 2, 3, 12, 13, and 14,
Block 9, Northwest Towmsite Add.
to Vale, Ore.: $15.00.
617A—Lots 16,17 and 18, Block 31,
Original Town, Ontario, Oregon.
$75.00.
618A—Lots 14 and 15, Block 45, O ri
ginal Town, Ontario Ore.: $500.00.
619A—Lots 14 and 15, Block 291, O ri
ginal Town, Ontario, Ore.: $20.00.
62UA—Lots 19 and 20, Block 312, O ri
ginal Town, Ontario Ore.: $20.00.
621A—Lots 1 to 5 inclusive, Block
272, Original Town, Ontario, Ore.
$50.00.
622A—Lot 7, Block 11, Riverside
Add., Ontario, Ore.: $5.00.
623A—Lots 1 and 2, Block 17, O rigi
nal Town, Nyssa, Oregon: $100.00.
624A—Lots 8, 9 and 10, Block 64,
Green's Add., to Nyssa, Oregon:
$30.00.
625—Lot 9, Block 3, Pioneer Add.
to Jordan Valley, Oregon: $205.00.
626A—Lots 1 and 2, Block 29, Brog
an, Oregon: $10.00.
627A —Lots 11 and 12, Sec. 30, Twp.
23, Rng. 39.
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,
11, and 12. Sec. 31, Twp. 23, Rng.
21, Rng. 46, N W SE tiSE K, Sec 33, boundaries of said District.
N O T IC E F U R T H E R IS G IV E N
Twp. 21, Rng. 46: $40.00.
649A— N W tiN W 1!, Sec. 32, Twp. 37, That said petitions will be heard
and
considered by the Board of D i
Rng. 46: $40.00.
rectors of the Owyhee Irrigation
650A —N W 14 S E , Sec. 36, Twp. 21, District at Its regular meeting to be
Rng. 46: $50.00.
held on Tuesday the 4th day of
651A—EtiNE14SWt4, Sec. 29, Twp. February, 1941, at 8:00 o'clock p. m.
15, Rng. 47: $75.00.
at the District office at Nyssa, O re
652A—S W liN W li, Sec. 11, Twp. 17, gon, and all persons Interested, or
desiring to object thereto, are noti
Rng. 47: $200.00.
653A—All south of Highway In A. fied to appear at the office afore
said,
at the time above stated, and
T. No. 16, Sec. 3, Twp. 18, Rng. 47:
show cause In writing, If any they
$ 100 . 00 .
have, why the prayers of said peti
654A— W t4St4N% NH NW *48E’4 Sec. tions and each of them should not
3, Twp. 18, Rng. 47, W V iS H N ti be granted.
N W liS E 1*, Sec. 3, Twp. 18, Rng.
Dated this 7th day of January,
47,WtiNHNt4SM>NWtiSEV4, Sec.
1941. by order of the Board of D i
3, Twp. 18, Rng. 47: $25.00.
rectors.
655A— S V iN W 'iS W ti, Sec. 6, Twp.
F R A N K T. M O R G A N ,
18, Rng. 47 ,S1 i N 14 N W li SW ! i , Sec.
Secretary.
6, Twp. 18, Rng. 47: $30.00.
Owyhee Irrigation District.
656 A —N E 14S W 14, Sec. 6, Twp. 18, First pub. Jan. 9, 1941.
Rng. 47: $40.00.
Last pub. Jan. 30, 1941.
657A— SW 14 SW 14, less 714 acres pri
vately owned. Sec.6, Twp. 18, Rng.
47: $65.00.
658A —W 14 SE 14 SE 14. See. 18, Twp.
18, Rng. 47: $100.00.
659A—Home Park Fruit Tract No.
24; Sec. 32, Twp. 15, Rng. 47:
$50.00.
_ „
660A— S14SW14, less A. T. 2, Sec.
33,Twp. 18, Rng. 47, A. T. 1., Sec.
33, Twp. 18, Rng. 47, A. T. 2., Sec.
32, Twp. 18, Rng. 47, A. T . 3, Sec. |
32, Twp. 18, Rng. 47: $75.00.
C. W. GLENN,
Sheriff, Malheur County, Ore. I
Date first pub. Jan. 9, 1941.
Date last pub. Feb. 6, 1941.
A FLUE
in poor
repair
caused
this -
O W Y H E E IR R IG A T IO N
D IS T R IC T
N O T IC E O F H E A R IN G
N O TIC E IS H EREBY GIVEN,
That petitions for Inclusion of lands
into the Owyhee Irrigation District
have been filed with the Board of
Directors of said District, and that
the owners of said lands and peti
tioners are as follows:
J. Edw. Wolfe, K atie M. Wolfe,
and Federal Land Bank of Spokane:
That part of W ‘4SE>4 Sec. 24 Tp. 19
S Rng. 46 EWM lying above the
main canal of Ontario Nyssa Irri
gation Company.
M. B. Sonner and Bertha Turner
Sonner: N E 'iN E '-i and L ot 1, Sec.
16 Tp 17 S Rng. 47 EWM.
Harry Jordan and Lorraine Jor
dan: NW H NEy* Sec. 8 T p 18 S Rng.
45 EWM.
all in Malheur County, State of Ore
gon.
T h at the prayer of each o f said
petitions and petitioners is that an
Order ba made by the Board of D i
rectors of the Owyhee Irrigation
District including the lands des
cribed in each of such petitions and
as hereinabove set forth within the
®45A— N E lt N W '4 , Sec 9. Twp. 18.
Rng. 45: $100 00
646A - N W ' . N W V 8ec. 15. Twp. 18.
Rng 45. $40.00
^ J A ^ A T. No. 5. small tract. Sec.
20. Twp. 18Jtng. 45: $10 00.
648A—S ',N E '..S Ë 1 4 , Sec. 33, Twp.
BE SU R E Y O U
A R E IN SU R E D
N Y SSA REALTY
and Insurance Co.
Phone 53
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NYSSA FUNERAL HOME
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S ER VIC E
Nyssa
CUSTOM BUTCHERING
and CUTTING
Beef for the Hide
Hogs 200 lbs. $1.50
Cutting 1 cent per lb.
Grinding 1 cent per lb.
Grinding and Seasoning 2 cent per lb.
Let us do your work!
NYSSA PACKING CO.
PHONE 6
S W Vi SE Vi SW !4 SW y t , Sec.
35,
Twp.23, Rng. 39: $560.00.
628A—Lots 3, 4, 5, 8, and 9. Sec. 7,
Twp. 24. Rng. 39: $142.00.
629A —S iiS E 1! , Sec. 20, Twp. 24,
Rng. 39. SW U SW 14, Sec. 21, Twp.
24. Rng. 39, N W 'iN W U , Sec. 29,
Twp. 24, Rng. 39, N iiN H , Sec. 29,
Twp. 24. Rng. 39: $320.00.
630A—S Vi SE !4SE t4, Sec. 15, Twp.
33, Rng. 39: $20.00.
631A—NEt4, Sec. 19, Twp. 14, Rng.
40,SE'JN W 1i, Sec. 19, Twp. 14,
Rng. 40, N W !»N W !4 , Sec. 20, Twp.
14, Rng. 40: $240.00.
632A—N E U S W li, Sec. 13, Twp. 32,
Rng. 40, N W U S E 1» , Sec. 13, Twp.
32, Rng. 40: $60.00.
633A —SEHSE14, Sec. 18, Twp. 36,
Rng. 40, E ‘iN E U , Sec. 19, Twp. 36.
Rng. 40, S W !iN W !i, Sec. 20, Twp!
36, Rng. 40: $160.00.
634A—N W W N W !4, Sec. 8, Twp. 23,
Rng. 41, S W ’4, Sec. 8, Twp. 23,
Rng. 41, N W tiN E K , Sec. 8, Twp.
23, Rng. 41, N E t4 N W li, Sec. 8
Twp. 23, Rng. 41, N 'i N U , Sec. 17,
Twp. 23, Rng. 41, StsNWVi, Sec
17, Twp. 23, Rng. 41. SWtnNE14,
Sec. 17, Twp. 23, Rng. 41, SE>4,
N E 1., Sec. 17, Twp. 23. Rng. 41,
S E '., t,ec. 17, Twp. 23. Rng. 41,
t 's s W H , Sec. 17. Twp. 23, Rng.
41. N W '.S W i., Sec. 17, Twp. 23,
Rng. 41: $880.00.
635A —N Vi N W ** N W 14 ■ Sec. 9, Twp.
3L Rng. 41, N W 'iN E V i, Sec. 9,
Twp. 31 R ng 41, S 'iN E ltN W U ,
Sec. 9. Twp. 31, Rng. 41: $80.00.
636 A —N l-n N W liS W , Sec. 15. Tw p
31. Rng. 41, NHSEV*SW>4, Sec.
15, Twp. 31, Rng. 41, 8>4NWt4SW
, Sec. 15, Twp. 31, Rng. 41 : $60 00
637A—N S S W l i N E 'i , Sec. 25, Twp.
31. Rng. 41: $20.00.
638A— S W ^ S W i i , Sec. 14, Twp. 15.
Rng. 42. S ' i N W ^ S W ' i , Sec. 14,
Twp. 15, Rng. 42: $60 00.
639A— N E U N E * », Sec. 8. Twp. 23.
Rng. 42 : $40.00.
640A— E H S E V Sec. 15, Twp. 30
R ng 42: $205.00.
641A— S E tiS E ti, Sec. 36. Twp. 30.
Rng.
2 .N W W K H 8 S I£
E 1 4
» , t ^
Sec. 36. TWP
D~
^ jU 4 .N
30. Rng. 42: $80.00.
642A —S E S S W V Sec. 12, Twp. 22,
Rng. 43. N S N W V Sec. 13, Twp. I
22. Rng. 43. S W I » N W V Sec. 13.
TwpJlS. Rng. 43. N W l iS W '4 , Sec.
13. T w u 22. Rng. 43. E S S E 1«, Sec.
14. Tw p 23. Rng 43. S W i* 8 E l,.
Sec. 14. Twp. 22. Rng. 43: $320 00
6 4 3 A - W i ,N V K . Sec 16. Tw p l5.
Rng. 44. E 's N E 1» , Sec. 16. Twp.
}* . Rng. 44. SWtn, Sec. 16, Twp.
15. Rng. 44: $320 00.
«
.
.
.
Sec. 8. Twp. 18. R ng
before winter comes check
your heating p l a n t and
flues for needed repairs—
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RAILROAD
T k t Strtam U ntrt
T h t C ktlU n g tr,
I
ROAD OF
AND
For further details consult:
E. C. C R A N D A L L
Phone 27
N y n , Ore.