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About Daily capital journal. (Salem, Or.) 1903-1919 | View Entire Issue (Oct. 11, 1911)
THE CHARTER PROPOSED FOR CITY Oh SALEM IT HAS BEEX PREPARED WITH GREAT CARE BY COMMITTEE AXD SHOULD BE STUDIED CAREFULLY BY EVERY CITI. ZEX. To Incorporate the City of Salem, Oregon, and to change the present form or method of government of aald City of Salem to what is commonly known as the I i.lUlilifSi"U 1 III UI 1,1 It UotCl'ljuieui. and to prescribe and define the rights, powers and liabilities of said City of Salem and prescribe the rights, powers sod duties of said Board ot Commission ers, the manner and time of their elec tion, tenure of office; and to repeal An Aet entitled "An Act to Incorporate the City of Salem," approved February 15th, 1&D3; also An Act to Incorporate the City of Salem, approved . 1802. also an Act entitled an Act to Incorpor ate the City of Salem, approved February 13th. JsiMJ "" u act. entitled An Act to incorporate the City of Salem, approved February 17th 1999; also An Act entitled "An Act to Amend Section No. 5, Subdivision 9 and 14 of Section No. 6, and Sections 13, lo. -7. 31, 47, 01, and 74 of the Charier of Salem, Oregon," approved February 15th, 1W01. Also An Act Atueudutory to the above mentioned Actg approved February 7th, 1U03, and all amendments thereto, and to repeul all Acts aod parts of Acts to Incorporate the said City of Salem under Its orig inal form of government by Aldermen or City Councllmen, and substitute In lieu thereof the Commission Form of Govern nieut, as defined and set out herein. ARTICLE I. NAJ1E, BOUNDARIES, POWERS, RIGHTS AND LIABILITIES. Section 1. Name The corporate name of this City shull be Salem. Sec. - Boundaries The boundaries of the City of Suletu shall be as follows, to wit : Beginning where the south line of Locust street, iu Hlgliluud Avenue addition to the City uf Salem, Oregon, if extended west erly would strike the middle of the Wll lauiette river ; tnence easterly along the vu-i-iy eMensiiui ot tlie south Hue ot nam l.ucust street and uloug the south line of ta hi Locust street, uud along the easterly exleusb'U thereot, to the eu.st line ot tne right -ot-wny of the Southern l'uclt'lc rail road ; thence southerly uloug the east Hue of the right-ot'-wiiy of the Southern Pacific railroad to the southwest corn;T of the westerly extension of the State Fair grounds ; thence east uloug the south line of the westerly extension of the Slate Fair grounds to the Inner uugle thereof ; theuce hi'Utucrly along the west line of the State Fair grounds to the southwest corner therein; t hence easterly along the south Hue of the State Fair grounds to a point Uii. uurtn ol toe most uunueriy uortm-ust corner of the donation land claim of A. F. Waller uud wife, In township 7 south, range 3 west of the Willamette meridian ; east corner of the said donation land tueuce soutn to the tnoet northerly north claim ; theuce southerly uloug the east ilue of said ui-uiulim iiliul ciiulu ULU Uloug Hie east Hue of Simpson's uddltlou to the City of Salem to the center of Salem and Turner County roud ; theuce southeasterly along l lie center of nil. I road In the inirtneasi coiner nf lot 4 In .Miller's Mill Creek Rural Home tracts; theuce southerly ulong the east line of lots 4 and H, lu said Miller's .Mill Creek Rural Hume tracts, to the Ilue running east and west through the center of section oil, lu township 7 south, range westerly along said line through the center ! . ntM ti i iiiiinieiLe .ueriuan ; lllence oi sections aj anu a-i to the east line ot -""""" ui. ,cMu.iCu UJ mi South Commercial street; thence southerly 1 lJ1",i"'- ""'"Vi" "..,' V,. V". along the east line of South Commercial I the Boord shall cause said certified list of Mivettollieensln.y ex.el.sli.u ol l, j naii'i's n"d the o'licej to he tilled. .,.. line of City View cemetery ; thence west- "n,,lns ;h,PtihpJ ?or 0 '"J,1 or ",n,PIP'rr(1 te,rm erly to the southwest corner of City View '? be published In a notice calling the e ec ceuietery: thence due north to the middle 1 1 on' five success ve days before the elec of the Willamette slough ; thence down the i ,lon', certify a list of the candidates so middle of the Willamette slough to the ' n,oml","tea wh"ee elrcltIon published In middle of the Willamette river ; thence I1,e nt)r- s",oh Pu'l,atlon must he made doivu the middle of the Willamette river, i for any Q,leB'in or measures to be voted to the place of beginning. upon. TERRITORY ADDED BY POPULAR j , S,LC' Form,, ofK ,I?n.llot9;The .J VOTE MturH oh mm Clerk shall cnuse the ballots to be printed utt, MaiiLU .8, imu. 89 pr0T(led by tt)e nnd 8tatntes f Beginning at n point where the east the State of Oregon, except as otherwise boundary line of the City of bulein Inter- ln this Charter provided. The ballots shall sects the north boundary Hue of Glen Oak contain the list of names nnd the respective """ l" u on , m orrices, as puDiisnea in tne election notice, erly on an easterly extension of said north and so far as applicable to such election boundary Hue of said Glen Ouk addition to ! shall be suhstantnllv of the form provided a point where if said north boundary line by Lord's Oregon Laws, except as herein of Glen Oak addition were extended east-1 otherwise provided erly lt would Intersect with a line running gec. ifj. Arrangement of Offices on Bol north aud south through the center of sec-1 lot The offices to be filled Bhnll be ar tlons ami Ho of township 7 south, range 1 rnnged In separate columns In the follow i west ; thence southerly along said center : jng order : line to a point where the same Intersects "Vo, Mourn- Mf nl Vnto fnr nn" null lur uuiLU line ui a iubu cuuiiuouij known as the Penlteutlury road; thence westerly along suld uurth Hue of said Peu Iteutiury road to the east boundary Hue of Hie City of Salem; thence northerly alonir said east boundury line to the point of beginning. ! same size, quality, tint of paper, kind of Sec. 3. Towers, Rights nnd Liabilities ' type ond color of Ink. Siiiice shall he By and In the corporate uunie, the City ; provided on the ballots for Charter oniend Bball have perpetual succession; shall' have Lments or other questions when to he voted aud exercise all powers, fuuctlons, rights on at the municipal elections, as provided anil privileges now or hereafter glveu or j hv this Charter or the Lnws of the State, granted to. and shull be sublect to nil the i The nnmes of candidates for each office duties, obligations. liabilities and llmltn ! shall be arranged ln alphabetical order, tlous now or hereafter imposed upon mu-1 Nothing on the ballot shall be indicative nlclpal corporations of Its class, by the ! of the source of the candidacy or of the Constitution and Laws df the State of Ore- j support of any candidate. No ballot shall (on, and shall have and exercise all other i have printed thereon any party or political powers, functions, rights and privileges usually exercised by, or which are lucl- j ll'-uui, to in .mi. ..i ,ii tlous of like character and degree. Sec. 4. Powers, How Lxerclsed All r.ov.-ers of the Cltv. unless otherwise pro vided In thla h,i.t0i olinll l.a OTtirclHpri liy through and under the direction of three ! cnuse to he printed five hundred sample Commissioners, who shull constitute the j ballots, upon paper of different color, but Board of Commissioners and one of whom otherwise Identlcnl with the ballot to he shall be the Mayor. The Commissioners i used at the election, and shall distribute Bliall be subject to the control aud direction i the same upon application to registered of the people at all times, by the Initiative, ! voters at his office. referendum and recall, provided for ln this Sec. 22. Election Officers, Judges, Ap Churter. . polntment It shall be the duty of the inTipin ll ii. ELECTIONS. Sec. 3. General and Special Municipal to appoint for each ward from the qunll Elections There shall be a general muulc-! fled electors of said ward, one Inspector ll itl election 111 the Cltv of Salem on the 1 and two Judges, who shall constitute a first .Monday ln December, 1911, and on I Board of Judges of Election. In case those the rirst Monday In December of every j appointed In accordance with this section secuud vein- thereafter, aud shull be known ; shall not he present nt the place desig ns the general municipal election. All ! nuted by the! Board of Commissioners, at other municipal elections that may be held the hour to open the polls, the electors ahall be known as special municipal elec- present may appoint a Board of Judges nms. anil may De oruereu oy tne uoaru oi Commissioners. I ' t ffi.. nt tiin elected ' is of office of those elected The terms ff'"!. Sf"ker Ton the" Irai T ue" .. ,i.v i otl m' H i i ,i - Sf.' .:;'li'rns,,,ere'cted,sT,ia'!f hulJ 'Xum,! ! under this their successors are elected and qualified unless previously removed, us elsewhere provided in this charter. Sec. (i. Registration No person shall, pi us In the charter otnerwise yi.l. d. be permitted to vote at auy munic-! ipal election without having been regis- '"i. i lie ri'Klstl uiiou annu ue mr ojuir " is now or mav hereafter be provided by t the (leneral Laws of the State, except us the Hoard niv otherwise hv ordinance , nrnrlde I may Sec. 7. Vomin.iion and flactlnn nf Of. I tioa f an oi,.tir nffcer nf the Citv to I Sec s I'omlltlnn. nf Cnndldncv The ' Vi," -" candid,', en,hnfl be" primed the ballot when the petition of nomination ' "hall iTe been filed In his behalf. In the wgioS? under-tbe C0Dd'tl0B,, : T F8o mor "Nomination Petition- ' PETITION" OF NOMINATION. Individual Certificate. State of Oregon, County of Marlon, City I do hereby Join In a petition for the nomination of .whose residence . at ao. street, saiem. uregon, lor the office of , to be voted for t the municipal election to be held in the i city of Salem on the day of , , ls : snd I certify that I am a qualified Hector and am not at this time a signer, ' anv other certificate nominating any , other candidate for the above named office, J.r Un case there are several placet to be tilled In the above named offlcel, that I have not signed more certificates than there are places to be filled ln the above-1 named office; that my residence is at No. I street Salem. 1 also certify that I believe the above yarned person U especially qualified to fill the said offce, and la of a good moral char-1 -tcter. I further certify that I Join In thbJ petition for the nomination of the shore named person, believing that he "ha 'not become a candidate a. The nominee " re reseutatlve of. or because of any Worn - laed aupport from any political part? or any committee or convention Treprwen'tU or acting for any political party feigned. JL . Btate or uregon, County of Marion. City of Salem, aa 01 being first dnlv I ,Ia.tfn"ent thus made Is in all respects true. andlSya iSft he is the rTr.?n I,''.'? ,m,t. th.e ,.l"--e ' fu detailed aed the' fr..in. .7..i!..P'?y?:gttt of all moneya so contributed or deposes WHO Signed. Subscribed and sworn to beforenTThla day of . a. D 19-!. m m My commission expires' ia Not.r, p;,hr The petition of nnmh.Mnn nt'-l?".. ht.r,t,.C'!t'0Krm part If found insufficient, ha retnrnoH atoNo- ,T ,trMt- Salem. ' rierk' I?- .hfnriS! M Supplied by the C erk It aha 11 be the duty of the City v luruisa upon application, a rea sonable number of forma of such IndlvlduaH v,,i ""'"nents of Certificate ?fi -.r flcate magt eparate paper. All certificates must be of a uniform alie as determined by the City Clerk. Each candidate and no more. In ease an elector . ,Kn,ed two or more conflicting certifi cates, all such conflicting certificates shall be rejected. Each signer must make oath to his certificate before a notary public sei'tlun ft of this i'h-irtp Sec. 12. DstA nt tiui,lln. D.IIU.. i ul nomination consisting of not .y iuou iweniy-uve (20) individual cer tificates for any one candidate may be presented to the City Clerk not earlier than thirty nor later than twenty daya before the election. The City Clerk shall endorse thereon the date upon which the petition was presented to him. Provided, that should there be no petition filed for one office 20 days before election the date of presenting petitions for said office shall be extended to fifteen days before said election, and the acceptance of the candidate shall be filed with the City Clerk on same day. ,8ec- l Examination of Petition by Clerk When a petition of nomination la presented for filing to the City Clerk, Be shall forthwith examine the same, and ascertain whether lt conforms to the pro visions of this Article. If found not to conform thereto, he shall then and there In writing designate on said petition the defect or omission or reason why such peti tion cannot be filed, and shall forthwith return the petition to the person named as the person to whom the same shall be returned In accordance with this Article. The petition may then be amended, but not Inter than three ilnva nfr shall have been returned, presented to the Clerk as In the first Instance. The City Clerk shall forthwith proceed to examine I the nmeuded petition ns hereinafter pro- "'I' ,. r-, . I Sec. 14. Filing of Petitions If either iue uriKiiiiii or toe amennea petition ot ; nomination be found sufficiently signed, as hereinafter provided, the City Clerk shall file the same forthwith. Upon final filing of such nominating petitions in due form as herein provided, the candidates therein named shall be deemed duly nominated. Sec. 15. Withdrawn! or Acceptance Any person whose name has been presented under this Article as a candidate may, not later than fifteen days before the election, cause n.x nu.-.e to oe Wl.n- detiwn from nnmipiitim, hv flMn wlii the City Clerk a request therefor In writing, under his own signature, duly attested by n notary public, and no name so withdrawn shall be printed upon the imllnt. Any person nominated under this Article shall file his acceptance with the 9itJ ?,Ierk, not Jati;r t,l"ln llfl,en d"'9 1,e iic me uuy ui eiecuun, imu ill tile no sence of such acceptance, the name nf the candidate shall not appear on the ballots except as otherwise herein provided. Sec. lfl. Preservation of Petitions The City Clerk shall preserve In his office for a period of two years all petitions of nom ination and all certificates belonging thereto filed tinder this Article. Sec. 17. Election Notices The City Clerk shall, on the tenth day before the election, certify a list of the candidates so nominated - whose names are entitled to app!1J" ton the ,balM Mn t'jeJlst.9f "For Commissioner. Department No. 2, (If ony) Vote for one.' "For Commissioner, Department No. 3. (if any! Vote for one.'' Sec. 20. Requirements of Ballots All ballots printed shall be nreciseslv of the designation or marK, and tnere snnn not ne appended to the name nf any candidate any such partv or political designation or mark or anything Indicating his views or opinions. Sec. 21. Snmnle Ballot The City Clerk shall at least rive days before the election llOHIll Ol I- IllllllllPnnmei s at lis irnmni ,ra slon. and at least twelve days previous tc the dav of holdlnir any municipal election llOHIll Ol I. oiiiiiiipmimein m no i-kiiiii bcb - slon. and at least twelve days previous to ior such wuiu. Sec. 2.1. Clerks The Inspector and Judges of Election for each ward shall, . .. .., , nnii. . P'- two suitable person, to act as Clerks. who shall be qual tied voters. Each Clerk A ?JL2"&? l".!!?1 S tho nnme of each nerson voted for for such Affia ami ahall Iraon the niimhar nf voters 1 by tallies, as they are read aloud by the I In-" ei Sec. 24 Polls Open All elections held under tne provisions oi m,. until 7 o'clock p. m. of the same day, wlth- -- - ,i -'o"'us '". tne no s. Canvass and Election As soon "tne. pons are cioseu toe eci ahall lmmeuinieiy open iue nnm u-it take tnereirom anil couui me . . .. . .k. I..M.I. n n .1 sheet provided therefor. io vote snail oe ballot for that candidate being void. he person J.ot t . t ts',c.hn;eoffl0 'r ay " elected to that offl bTdrarn'd";.c"ian,y::s the election return. twT "ftjJJ .....I be determined by lot under the dlrtction ot the canvassing board. Sec. 26. Informalities ln Election No forine'ities I ''Me tlons shall Invalidate the same. If they ; have been conducted fairly and in substan-' tlnl conformity with the requirements this cnarter. . Sec. 27. Ballots. Preservation The n- velope containing the ballots when sealed up shall be endorsed. "Ballot of ward. Salem, of election held this day of . IP." and ahall be delivered hv the Inspector to tbe City Clerk, who shall keep said sealed envelope unopened nntll the time appointed for the canvass or the returns, snd until directed by the Bosrd of Commissioners to on.n the same ln the presence of the Commlssoners. Sec. 28. Statement of Expenses to be Filed Every csndldste who Is voted for at any election held within this City shall within thirty days after snch election. 61 an Itemised statement showing In detail all the moneys contributed or expended by Dim DAILY CAPITAL I rtie-n. j, ! snT ' ,1 or 'dlr7 tT himself MO? 'n ,,d ! 5ri"'m,iDt "-"J1 T th " or tbroorh bla election. name, nt tha .,i ,h P"o" who received auch money, the n,?Vpc.1-lc n.,tur ot c ' i iIb',rP,Vrp8,e r,:vwhln expended or contributed. There ahall be attached to dir. ; "i moavit or auch candl- a& aettlng forth in aubatance that the moneys so contributed or hVVi.ii """P1 "actlces Any person the manner 1 ?hllll t,,n,muni?,Pa election violate 1 thereof may , r ot ,he ,tlt '. 1 regard to corrupt i Ings must t l,,rTol'''', ' 'City Clerk a I !LMment of p? herein required, and shall w 8c'i.2S" CorruDt Practices Any person shall, upon conviction thereot be forthwith "urn noiaing municipal otHce. position or employment for a period of two V j 1 "uco person snail nave been elected or appointed to any municipal office, posllton or employment, his conviction of any auch violation shall Ipso facto create a vacancy therein. Action for the enforcement of thla pre vision may be brought by the City Attor ney, or by any citizen on behalf of the City. A violation of any of the provisions of this i section by any candidate shall dis qualify him from holding the office for nuu.u ue is a caoaiaaie, E.lerT. lect'T or of the City shall, at the time he takes the oath of office, be required to take and subscr.be an oath that h; has not violated any of the provisions of this section. Sec. SO. General Election Regulations The provisions of any law of the State of Oregon now or hereafter In force, except as the Commissioners may otherwise by ordin ance provide, relating to the qualflcatlona and regstration of electors, the mapner of voting, the duties of election officers, the canvassing of returns, and all other par ticulars iu respect to the management and holding of elections, except aa otherwise provided In this Charter, so far aa they may be applicable, ahall govern all munic ipal elei'tlous. Sec 31. Qualifications of Electors That save and except as In this Charter other wise aet forth, any person shall be quali fied to vote at any election held under this Charter who has been a resident of the City for six months next preceding such election, and who possesses the qualifica tions of a legal voter In thla atate; pro vided, however, that all persons who have resided within the corporate limits of the City of Salem for the period of six months next preceding the first election to be held under the provisions of this Charter and POSSeSS the Oualltlcatlona nf Ipirnl vnror In I this state shall be qualified to vote at said election. ARTICLE! III. RECALL, INITIATIVE AND REFEREN DUM. Sec. 32. State Laws The nnwem of rh duw shall be exercised as defined by the laws of the State of Oregon. See- 33- Candidacy Any officer sought to be removed may be a candidate to euc- I'eupm us iu recall, initiative ana reieren- ceeii uiniBeii. Sec. 34. Time of Incumbency The In- cumbent shall continue to perform the du ties of bis office until the removal election. If then elected, he shall continue ln office for the balance of bis term. If not then elected he shall be deemed to be removed upon the qualification of his successor, who shall hold office during the unexpired term. t Sec. 35. Incapacity ot Recalled Officer No 'person who has been removed from any office by recall, or who has resigned from such office while recall proceedings were pending against him shall be appoluted to any oiiice within two years after such re moval by recall or resignation. Sec. 36. Further Regulations The Board may by ordinance make in regard to recall, Initiative and referendum, such further reg ulatons as may be necessary to carry out the exercise of the rights ot the people. ARTICLE IV. Sec. 37. Commissioners The elective officers of the City shall consist of three Commissioners, and shall be known aa the Board of Commissioners, one of whom shall be the Commissioner of Department No. 1 and Mayor ; oue shall be Commissioner of Department No 2, and one Commissioner of Department No. 3. Each Commissioner shall be elected di rectly to his department by the people. Sec. 38. Division Departmeut No. 1 ahall have charge of: Public Affairs. Finance. Police. Municipal Court. Public Buildings. Parks aud Library. General Supervision. Department No. 2 shall have charge of: Streets and Bridges. Sewers. Department No. 3 shall have charge of : Public Utilities. Fire. Sanitation. Lighting. , Sec. 31). Officers, Terms The term of all elective officers shall commence as pro vided ln section 5 of this Charter, and shall be for four (4) years each; provided, that the two (2) Commissioners first elected under this Charter shall be elected for two (2 years only, nt the explrutlon of which time aud every four (4) years thereafter, there shall be elected two (2) Commission ers to serve for four (4) years. The Mayor Commissioner first elected under the pro visions of this Charter ahall be elected for four (4) years and every four (4) years thereafter shall be an election held for the purpose of electing the Mayor Commis sioner. Sec. 40. Qualification No person shall be eligible to the office of Commissioner unless he Is a qualified 'elector, and shall have been for three years Immediately preceding such election, a citizen of Salem and for two years Immediately preceding such an election, shall have paid city taxes. Sec. 41. Olticei-s. Salaries The Mayor Commissioner shall receive a salary of $2400.00 per annum, nnd each of the other two Commissioners shall receive $1800.00 per annum. Sec. 42. No Further Compensation None of uny such Commissioners shall re ceive any further compensation for any service he may render the .City, other than his salary us Commissioner. Sec. 4.1. Vacancy If a vacancy occur in the office of Mayor or Commissioner, the Board shall appoint an eligible person to fill such vucancy until the next general municipal election. Any vacaucy shall be then tilled by election for the unexpired term. Vacancy shall exist when an elective officer falls to qualify fnr thirty days nfter notice of his election, dies, resigns, la re moved from office, removes from the city, absent himself continuously therefrom for more than three months. Is convicted of a felony or judicially declared a lunatic as . ,,,,., "etinea oy statute. wnen a commissioner, or an otiicer, or an employe of the City. Is absent from his post of duty more than fifteen days for any other cause hut sickness, the Board of Commissioners shall appoint temporarily a Commissioner, officer, or employe to take his place, and the salary of said absent Commlssolner, officer or employe shall cease from the date of appointment of his tem porary successor, until he again assumes the duties ot his office. fiat AA llntwla ett PnmmlaalnnnrVn Commissioner shall be deemed qualified for i his office until be has tiled nis bond con dltinued that he will faithfully and impar- tlnllv perform the duties of his office or employment and the same has been ap proved hy three disinterested taxpayers of ii... i... u..iA.n i,a ...i.i ..,..-... be appointed 'by the Judge of the Circuit Court ln which said City Is situate, and ties of the city, not otherwise herein pro In his absence by the County Judge of Mar-1 vlded for, shall be distributed among three Ion county, uregon. The Mayor Commissioner shall furnish a security bond in tne sum ot so.uun.iio. r bond in tne sum ot sjo.uii m o. two other Commissioners slill each a security bond lu the sum of i ne t furnish u,uuu.uu. I A reasonable charge by a surety com-1 and employes to one or more of the depart- j pany for qualifying upon such bond shsll, ments ; may require sn officer or employe ( when epproved by the 11. mm, be pnld by to perform duties In two or more depart-' the City. The Couqty Clerk or k'ounty ments, and may make such other rules and Treasurer of Marlon County, Oregon, shull regulations as may be deemed necesssry or 1 be the custodian of said bonds, and said proper for the efficient and economical con-1 bonds shall be tiled with either of said duct of the business of the City, ufflcers. i Sec. 62, Powers of Commissioner The ' ARTICLE V. : Commissioner for each of the departments THE BOARD OF COMMISSIONERS. I shall have the supervision aud control of The term "Board" whenever used In this all the affairs and property belonging to Charter shnll be construed as the Board such department, except as otherwise pro-: of Commissioners. ; vlded In this Charter, or by ordinance, sub-! Sec. 45. Legislative Powers The Board Ject to such regulations as may be pre nf Commissoiuers shull he vested with all scribed by the Hoard. He may employ, and the legislative powers of the City, except discharge or delegate to anv subordinate as otherwise provided by this Chsrter. the power to employ snd discharge day Sec. 46. President and Vice President laborers and unskilled workmen. j of the Boani The Mayor shall be president Sec. 63. Office Hours It shall be the ' of the Board. The Board shall elect one!'n. c -a,-,, , , ' ot us numoer to ue vice uresmeni. wuo during the , e"ce or disal JlJXtltu v. . , . . . , j ... ,uv all the powers and perform all the duties of the Mayor Com- Sec. 64. Publicity Records and Reports 1 missloner. I Each of said Commissioners shsll keep, Sec. 47. Judge of Their Elections The a record book In which shall be recorded a i Board shall be the Judge of the election brief but comprehensive record of all de-1 and qualifications of Its own members, sub- purtrnent affairs under bis charge, and ject to review by the courts in case of make quarterly reports ss provided In sec-1 contest. ' tlon 67. Esch Commissioner shall also make Sec. 48. Restrictions Upon Members of and keep a complete Inventory and perma- j the Board No member of the Bosrd shall nent record of all the personal property ! bold any other remunerative public office nf his department and what disposition. If ; or engage in any other employment. No any. has been made of the same. I person shall be elected or appointed to sny Sec. 6.V. Newspaper and Publication Fees office, position or employment the eompen-1 All printing of any kind relating to pub satlon of which was Increased or filed by llclty affairs or publications required or ' the Board while he was a member thereof, authorized by this Charter, or by general until after the expiration of one year from law or by any ordinance or resolution, shall the Mate whn be ceased to be a member he nald for only at the lowest business of the Board. rates. JOURNAL. SALEM, QREGOX. Sec. 49. Rales of the Board The Board shall determine Its own rules of procedure, may Dunish Its members for disoriUri conduct and may compel their attendance at tsoara meetings, it snail provide In said rules for penalties which shali be Inflicted npoa any of Its members In case of mis conduct or wiirui neglect in the perform ance ot the duties ot his office without prejudice to the right of recall by the people. Sec. SO. Meetings The Board mar ore- scribe the time of holding Its meetings, and tne manner in wnica special meetings y be called; provided, all meet- be held at the City Hall. The snau D9 lue ciers ot tne Board villi h Mavir aln ....( all ordinances and resolutions. A majority "i an mi- mt-iinri! u"ii ciiiisi ll u(e H llli.- rum to do business. The noard shall ait with open doors at all legislative sessions ana snail seep a journal of Its proceed lugs which shall be a public record. Sec. 61. Ordinances and Resolutions At legislative sessions the Board shall act oniy Dy ordinance, resolution or motion. The ares and noes shall be taken upon the passage of all ordinances and reHointious. and eutereii uihiii the Journal of Its. proceedings; upon the request of any member, the ayes and noes shall be tsken and recorded upon any mo tion. Every member when present must vote, and every ordinance or resolution shall require, on final passage, a majority vote. Any ordinance or resolution may be In troduced and passed at any one meeting ot the Board, saving and excepting ordin ances granting franchises, and except as otherwise provided In this Charter. All ordinances shsll be read three times; pro vided, however, the Board may dispense with the second or third reading upon a majority Tote of the members present. No ordinance shall be passed finally on the date it is Introduced, except in the case ot public emergency, and then only when requested by the Mayor In writing and by unaulmoua rote. No ordinance mak ing a grant of any franchise or special privilege shall ever be passed as an emer gency measure. The enacting clause of all ordinances passed by the Board shall be as follows: I'Ra Ir AnlilnaH I. , . a I ' I , o t .. I i The Board of Commissioners may. In Its discretion cnuse any ordinance to be pub lished ln a dally newspaper ot the city. Sec. 62. Record of Ordinances A true copy of every ordinance shall be numbered and kept ln a book marked "Ordinance Record.' and authenticated by the signa tures of the Mayor and City Clerk,, ajjd the ordinances Initiated by the people shall be recorded ln a separate book. Sec. 53. Approving of Ordinances Upon tho passage of any ordinance It shall be attested by the City Clerk, and signed by at least two members of the Board approv ing the same. Sec. 64. Publication of Charter and Ordinaaces The Board shall, as speedily as may be, and In any event within one year from the time of Its organization under this Charter, and from time to time there after and not less than once in four yeara. cause all ordinances at such times in force to be oiasslfled under appropriate heads, and to be published In book form, together with or separate from the Charter and such provisions of the Constitution and Laws of the State as the Board may deem expedient. Sec. 65. Power to Create Offices and to Remove The Board ahall have power from time to time to create, fill and discontinue offices, and employments other than herein prescribed, according to their Judgment of the needs of the City, and may by majority vote of all the niembera remove any such officer or employe except as otherwise pro vided for ln thla act ; and may by reso lution or otherwise prescribe, limit or change the compensation ot such officers or employes. Sec. 60. Appointment The Mayor ap points the heads of each department, and all other employes ln the service of the City, but only upon tho recommendation of the Commissioner of the appropriate depart ment. In case of appointment to offices In his own department, the Mayor shall sub mit his appointments to the vote of the Board. Sec. 67. Quarterly Statement The Board shall cause to be printed quarterly In newspapers or piunphlet form, a state ment of all receipts and expenditures of the City, nnd a short summary of its pro ceedings during the precednig months, und furnish printed copies thereof to the pub. lie library nnd to persons who shall apply therefor at the office of the Clerk. Sec. 68. Leases and Snles The Board shall have no power to make any lease of City property, the operation of which will extend over two years, nor shnll lt have uny power to sell, abandon, grant or other wise dispose of any right or title of the City the consideration of whclh shnU ex ceed the sum of $2000.00, without referring same to a vote of the people at a spelcal or general official election. ARTICLE VI. TUB MAYOR. Sec. 69. Duties, Authority, Powers The Mayor Cohiiih-.lolo-i Mm,, ,ie tl uef executive officer of the City and president of the Board. He shall take care that this Charter and the ordinances of the City are duly en forced wlbtin the City and Its Jurisdiction. He shall sign all contracts, bonds or other instruments requiring the assent of the City and take care that the same are duly performed. All legal process against the City shall be served upon the Mayor or Acting Mayor, ns per section 4d. He shall be charged with the general oversight of all departments, boards and commissions of the City, He shall be ex-offlclo a member of each board, commission or body created or au thorized by this Churter, or by any ordln ucuee of the City. ' slum luivi the rliri't to vote on nil questions coming before the Board of Com missioners. He shull have power to annoint exnerts to examine the nffulrs of any officer or ; department of the City, whenever he shall deem it necessary. He may require any officer or employe' of the City to exhibit his hooks and papers, i ruuure or rerusai to exiuuit nooks or pa pers so required shall be ground for re moval. He shall have and exercise such powers, prerogatives and authority as are conferred by the provisions of this Charter, or us may he not lucouslstent with the general purposes und provisions of this Charter, hut shall not huve the power to veto any ordinance or meusure passed hy the Com 'miss!oner8. At the end of the fiscal year, nnd six months thereafter, he shall employ an accountant at a stipulated compensation, who shall examine the booka, records and reports of all officers and employes who receive or disburse City moneys, and the books, records and reports of such other officers and departments as the Mayor may direct, and make triplicate reports thereof, and present one each to the Mayor and vice president, and file one with the Clerk. Such accountant shall have unlimited priv ilege ot Investigation to examine under oath or otherwise ail officers, clerks and employes of the City, and every such of ficer, clerk and employe shall give all re quired assistance aud Information to such Hi'Connrntir uml fnilimtr In lllm fn, nvam. I Inatlon such books and papers of his of- j flee as may be requested, and failure to do ! " "ii"1' be ground fur removal. The Hoard shall provide for the payment of the ad vices oi sucn accountant. ARTICLE VIT. EXECUTIVE AM) ADMINISTRATIVE DEPARTMENTS. Sec. 60. Distribution The executive snd administrative, powers, authority and du- I tlon 3H. ... i. ...,ui, ua huivu ui uu ec- Sec. 61. Board Assgn Duties The Board ,,,,,,, dnermltie and assign the duties of each commissioner In his department: ,,, rererll,e tu. of , emploves : mav aHslifil nartlctiliip officers regular noure at tne i.ity Hall, and person-1 ..L.j . 1, ,t , .i .. ,,,-c u , i u ui mi iiruaii- ' ment. , WEDNESDAY, OCTOBER 11, 1911. 8ec. 66. Inventory The Board shall pre pare at the end of each fiscal year a full Inventory of all real estate and personal property of the City, showing to date sll Improvements and Increase ot value of said real and personal property ln each service. The operating expenses of the year must be balanced by a special account ARTICLE VIII. DEPARTMENT No. 1 PUBLIC AFFAIRS. Sec. 67. The Mayor Commissioner shall have charge of all nnblic attain nt th. tity which shsll not be speclslly defined in this Charter and renreaonr th rit I - ,, . r ' j large for all aueatlona nrt,iin no tn ! welfare. FINANCB. Sec. 6ft. Fist-si Vmp TK rl.l . . of the City ahall commence on the first day of January and end on the last day ot December of each year. The cash bal ances ot the City shall be kept on deposit lu such banks do4ug htiHlnceiH i,i tne i i,vof Salem as the Bosrd from time to tlm .hall direct, provided that such fund shall not be deposited in any bank established less thsn three (3) years prior to making such deposits. No demand for monev ss-alnat th rfiv shall be approved, allowed, audited or paid unless It shall be In writing, dated, and sufficiently Itemized to identify the expen diture sad -shall first be audited by the Commissioner st the head of the depart ment creating the same, and approved by the Board. All payments shsll ha mad hv warranta which shall US signed by the Mayor and one Commissioner. Sec. 61). Supplies Each Commissioner shall procure all auppllea needed by Its ueiiannieni. eucn requisition snail b In writing and duplicate kept of same by carbon copy. In case of emergency where the estimated cost exceeds two hundred (200 dollars, auch reoulaltlon shall hava the Indorsement of one oilier t'omnnsstuiier If no emera-encr exists, a reoulaltlon fnr supplies, the estimated cost ot which is HlHive one hundred limn lullnin nhmi first be approved by the Board. Whenever he considers lt Dractlcal and advantaueoua the Commissioner shall advertise by cir cular letter or otherwise for competitive proposals. Sec. 70. Annual Estimate of Probable Expense On or before the first Monday ln December In each year, the Commissioners and the appointed boards and appointed commissioners of the City, shall .furnish to the Mayor estimates ln writing of the probable expense to be Incurred in rhlr several departments for the ensuing fiscal year, specifying In detail such probable expenditures, including a statement of the salaries ot their subordinates. These state ments shall Include the amount required to meet the Interest, sinking fund and matur ing bonds of the outstanding Indebted of the City, nd also an estimated state ment of the amount of revenue from all sources. Including tax lew. tsec. n. Annual midget From such es timates the Mayor shali. on or before the third Monday In December of each year, and prior to the time for fixing the county ix levy, . mane a uuugec or iue estimated Sav the1 ex" ! amounts required to conducting the business it the City govern- ment tor the next ensuing year. The budget shall I be prepared ln such detail as to the aggregate sum ana tne Items thereof al lowed to each department, office, board, or commlssoln, aa the Board may deem sd- Tisauie. The Board shall on receipt of the huilcret. consider and adopt the same with auch amendments as the Board may direct. The Board shali also in adopting the Id budget, estimate and declare the amount of money necessary to be raised by tax levy, taking luto account the amounts available from other sources to meet the expenses of the Citj for the ensu ing fiscal year, based on the budget so adopted. Said budget and estimate as tin ally tidopted shall be signed by the Mayor and Clerk and kept on file. , . "i'l'"l" "" v. i'"u inr uiinis of the budget as adopted and filed the I ec. u. Appropriations cnon the tinsls r, ,-,,, Blum luiuiwuii ue appropri ated by ordinance to the several purposes therein named for the enstilnir fiscal vtnr Said ordinance shall be adopted not Inter tliun I ho thirty-first day of December In each year, and shall be entitled "The An nual Appropriation Ordinance." Sec. i.l. Levy The Board shall forth with proceed to muke by ordinance the proper levy not to exceed 10 mills tipou each dollar of the assessed valuation of all taxable property within the Cltv, such levy representing the amount of taxes for City purposes necessary to provide for all properly authorised demand upon the City. The Hoard shall thereupon cnuse the total levy to be certified by the City Clerk to the county clerk, who shall extend the said tax lu u proper column upon the county tax roll, nnd the same shall be collected by the officer collecting the comity tax and shall be by him turned over to the City Treasurer wlthiu ten (10) days after he has collected the same; provided, that the tax levy as certified up to the County Clerk shall be in one sum and shall be eutered In a column headed ' Salem Tux." Neither the Sheriff, nor the Tax Collector of Marlon County, nor snld county shall receive fees or compensation for collecting auch taxes. It II.a ft no w.1 tl n .nH . . rute lost fixed shall be the rate fixed for the ensuing fiscal year. The amouut required to make payment of any Interest, sinking fund or principal ot bonded indebtedness may be Included In aud met by tux levy, except as otherwise provided for In thla Charter. The taxing power shall be used for mu nicipal purposes ouly, and no donations, subsidies, or bouuBes shull be granted from the people's money. Sec. 74. No Liability Without Appro priation nemier tne uoaru nor auy ot fleer or employe of the City shall have I authority to make any contract involving 1 the expenditure of public money, or Impose upon the City any liublllty to pay money unless and until a definite amount of money shall huve been appropriated for tho liquidation of all ia.uilary liability ot iue i.uy unuer sucu contract or in couse- queuce thereof to mature during the period I that uny improvement be made, Is hereby covered by the appropriation. Such con- i authorized uud empowered to order and tract shali be "ah initio" null and void as cause such Improveemiit or linprovmeents to tho City for any other or further Hit- to be lunde ; to determine the kind, char billly ; provided, first, that nothing herein i ucter and extent thereof, to levy uud col contained shall prevent the Hoard from lect assessments upon all lota und parcels contracting liability fur payment uf auy of laud specially benefited by such Improve expense, the uecesslty of which Is caused I uieut. to defray the whole or any portion n iij man"!!, utciueiiL ui- uiiu'iHueu contingency arising after the passage of the annual appropriation ordinance; pro- riueu, unit, iue ioiui amouui oi sucn penso shull not exceed the sum of $10,000 during auy one fiscal year. This section I shall nut upplv to contracts or liabilities for the miiklnu: of any luinrovemeuis the cost of which shall be assessed upon the propeny especially neneiiieii by suld Im- prpveuient. Provided, further, the Hourd i umj mane ou. u B,rcitu niipi upriu I iuu nsillltt IllSUlier Ol COIICCtlllg USSeHSIIieUtS Slillll may be necessary to pay the salaries and he determined by the Board ot Coinuils defray the expenses of nil departments, sinners, except as herein otherwise pro- officers and employes of the City lin ing i the year III! aim may cause to be Issue warrants fur tlie iiavinent thereof. and may make such appropriations of the gen lien-' eral funds ot the City for aald year as i they may deem expedient and any actual cause notice of such proposed Improvement necessary expenses either for payment of to lie published for a period of not less officers sularies. employes or Bgeuia, of, than five days In a dally newspaper lu the Lily, during said year shall not be suld City of Salem, which notcle shall sub deemed and considered within the lliulta- slnntially describe the proposed luiprov tlons of Indebtedness herein provided. ment, the extent thereof, the urobalTle total Sec. 75. Limitation of City Indebted-' ''""t " theretofore estimated aud a de ness Except lis herein otherwise provided, , acrlpllon of the lots or parcels of laud, or no Indebtedness shall be Incurred, nor assessment district to be affected thereby, bonds Issued for the purpose of making Any Irregularity, misprint, or like mistake any Improvement, until the question of happening through luadvei tiinca and not ot Incurring such indebtedness, making such i'self operating to any material or sub-linpriivemi-nt and tlie Issuance of bonds stantlal Injury of any one shall not luval therefor shall be submitted at a general , I'lale uny such procedure, or special election called for such purpose.! Within 20 duys lifter the first pub- to the qunlfiled electors of sold city, and llcatlon nf such notice the owners of prop no such Indebtedness shall be Incurred, nor l'l'lv ' be affected by such Improvement any such bonds lie Issued unless si such -limy file In the office of the Clerk written election two-thirds (2 3i of the qualified objections or remonstrances against said leciois vi -t In i; at sucn eli'dimi sh.iu in fuvor thereof. The Commissioners may, whenever deemed necessury, cull a speclul election for the purpose of submitting to the qualified electors of tlie (ily the question of Incur ring uu Indebtedness, or making any Im- liroveinent and the Imhiiiiiii- of Imiiilti fne the purpose of rulslng funds to meet such Indebteilness or make said Improvement, and the Commissioners shall, upon petition of the numlH-r ot qualified electors of the (ity as required by the general ordinances of the (ity regulstlng such matters, cull a special election to submit the question .,....,.. u ,,ur, ,, ir iiaaiiig 7pTfor the same """"", to pay lor tne same. I Sec. 7n. The City shall not become In- debted for any purpose or ln anymsnnerto an amount which. Including existing Indebt- t..ess. shall exceed four 14) per cent of tlie assessed valuation of the taxable prop-, erty within the City, as shown by the Inst preceding assessment for City purposes: " ". , mm iu fifrirrijiniiiiK tne tiienc is trie construction or repair ot any limitation of the City's power to Incur sewer or drain, the Hoard muy by uunul Indebiedness there shall not be Included in. urn vote order the construction or reoalr Imnils issued for the acquisition, construe- of such sewer or drain notwithstanding tlon or repair of water, fight or other pub- such remoiistrsnre. He utllltes, works or wsys from which the; lei There shull be also created a docket City does or will derive a revenue, nor any of city Ileus. special assessments for Improvements of If) Whenever the cost of sn Improve streets, sewers, etc., for which the property ' ment which Is to lie sssessed upon the specially benefited thereby shall bs r capon ! property speclslly benefited thereby Is def. slide ss provided In section 87. nor tolnllely known and determined, the Hoard of bonds Issued under wbst Is known ss the Commissioners shsll apportion tbe cost end Bancroft Bonding Act, nor to refuudiug ' expenses of such Improvement In accordance "" ....... I with the special benefits derived by each Sec. 77. Refunding Bonds For th nor-'lot or psreel of land, snd shall set a time pose of funding any bonded Indebtedness of for hearing and determining the levying the City of Salem, the City of Salem Is authorised and empowered to Issue and dispose of bonds of the City, of denomina tions of from one hundred to one thousand dollars, aa the purchaser may desire, under the seal of the City of Malem, with the interest coupons attached thereto with the signatures of the Mayor Commissioner and at least one of the other Commissioners engraved thereon, and havlug attached thereto the seal of said City of Salem whereby the Cltv shall he held ami comi.i. ered. In substance aud effect to undertake i nn.i np.,.,,iaA i i.i .. . 1, .V i - i n wusiurinoiia oi me prem Um, t., .. .. i.. .a s tses. to uav to the lieurer or Mch nf nl,l bonds, at the explratiou of twenty yeura from the date thereof, the sum named therein, In gold coin uf tho United States. ii'seiiier wiui interest tnereon lu like coin j 41 r' "ot greater than five (51 per cent per. annum (the rate of interest to u uieu oy tne uivirdi, pavahle half yearly as provided lu said coupous. Before such refunding bonds can be sold, the Board shall cause to be Inserted for two weeks. In a newspaper published ln the City of Salem and at least oue paper In New York City making a specialty of such matter, an advertisement Inviting sealed bids for the purchase of ssld refunding bonds. 8uch refunding bonds shall be sold enly to the highest bidder for cash, and shall not be aold for less than their par value. AH bonds Issued and disposed of under this provision shall be exempt from taxation. Sec. 78. Sinking Fund The Board of Commissioners ahull provide In each de partment of the City for a slnklug fund to redeem sll existing Indebtedness. Said sinking fund not to exceed five per cent per annum of the original bond Issues, and auch fund shall be Invested whenever prac ticable In bonds of the city of Salem, State r uuueu mates oudus. POLICE AND POUND. Sec. 79. Board Established Police and round i he iiimnl siihii. tiv ordlnnni e: pro Tide for the establishment and maintenance ot a Police Departmeut and Pound, con slating of such employes aa lt may deem necessary. Thla department shall be under the su pervision of the Mayor. MUNICIPAL COURT. 8ec. 80. Establishment There Is hereby established within the City of Salem a Municipal Court, and the City Clerk shall be by virtue of his office. Municipal Judge, and ahali act aa auch, assisted by the City Attorney whenever necessary. And in case of the abseiice of the City Clerk the Board shall appoint some suitable person to act aud serve aa Municipal Judge. Sec. 81. Jurisdiction Said Municipal Court ahull have Jurisdiction over all vio latloua of City Ordnances and may hold to bail, fine or commit persons fouud guilty thereof, and the law governing the prac tice of Justice's courts In the State of Oregon shall apply as far as applicable to all proceedlugs ln such court. All persons accused of violating city ordinances shall be tried without a iurv. unless the defend. ant uu demuudlng a Jury shull deposit In court a sum sufficient to pay the per diem of such Jury for one day. Witnesses in .. """I1 '!? ."!"-' . ouipeu- r.Vl 'Th.Hr. e ii.. , ..! bv ordinance shall otberwlMn provide. The Municipal Judge shall have power to punish witnesses ami others for con tempt hy a flue not to exceed $25.00, or lu default of the payment of such flue, by Imprisonment in the city Jail one (1) day for euch $2.oo of such fine. PUBLIC BUILDINGS. Sel. 82. The Mayor shall have the su pervision and control ot all the public buildings. There shall be appointed In the manner provided In this Charter all auch assist ants aud employes aa may be or become necessary to the efficient administration of this department of the City's government. Sec. 83. Inspection of Places ot Amuse ment Whenever the Board granta auy li cense or authorization to the owner or irsani .ui uj luraiei, SUOW, CITCUS, Or buildings erected or occupied for auiuae- lessee .of any theater, show, circus, or menu or gathering ot the public, aald li cense or authorization shall be elven sub ject to an Inspection ns to the safety of such buildings or placea of gathering made hy the comiulssoluer of buildings or bis deputy. The Mayor shall enforce this lec tion. PARKS AND LIBRARY. Sec. 84. The Muyor shull have the su pervision and control ot the parking and shade trees of the City, and all matters referring to parks and library and subject to the provisions of the iawa ot the Stats of Oregon. GENERAL SUPERVISION. Sec. 85. The Mayor shall have general supervision of all other officers and affairs uot now defined. ARTICLE IX. DEPARTMENT No. 2 HIGHWAYS AND BICWEllH. Sec. 80. The Commlssolner of Depart ment No. 2 shall have the supervision and coutrol of all streets, highways, lanes, al leys, municipal works, sewers, drums, riv er's dums sud pilings snd bridges, and all Improvements concerning the same, except buildings aud us otherwise provided lu this Charter or by ordinance. mere snail ue appointed in the manner I1WIIUCU IU lllin 1.11UIIU1, Mil SUCU asMiMi- ot this department ot the City's govern ment. Sec. 87. Improvements and Assessments The term "street" aa used lu this Char ter, shall be construed to mean auy street, avenue, boulevard, alley, lune or thorough fare which la now or may hereufter bs opened, established or dedicated to public use. , (a) The term "Improvo" or "Improve ment" as used lu this article shall be con strued to mean aud Include nuv aud all grading, paving and all manner of public improvements of similar kind or nature. unci including sewers, storm sewers, the changliig, establishing, vucutiug or open ing, Inyli. out, widening, ulterlug, extend ing, or closiug of any street, lane, alley or boulevard. (b) The Board of Commlslsoners, when ever it may deem it expedient or ueccssury oi iue cost uuu expense tuereoi, anu to determine whnt land or lots or parts there- ot nre specially uenettteu uy sucu improve ment, iind the amouut to which each lot or purcel of laud is so benefited, sud t fix and determine the district upon which kuich assessment shall be levied. (c) The procedure lu ordering rynlg to completion any and all and car-Improve- inents the tost of whlc cu shall he assessed against the property benefited thereby, aud viueu uruviueu. However, unit uot ess It than ten days prior to the commencement , of construction of any proposed Improve- ment for the cost nf which anv uiimcIhI assessment shall be levied said Board shnll proposed Improvement, which objections shall be considered and determined bv said """"1, " remonstrance Is uot so i more than two thirds (2 ,'t in area of the property within such assessment district, t nil proceedings therein had shall be deemed, conclusively due uud regular, and said ' "'I'1 , " '" t a. I IIVL f.t Hoard snail be deemed to have acquired ! u power to complete suld 1 to levy and collect the assessment Mr the cost and expenses there of; and If such reiuonstriince shall be so' filed by the owners of two thirds (2 3) or! more of sui-h property, such Improvement ' shall not be made st the expense of the I ,, ,.. , ,., ,,, , ,..., tl.. cost of said lmprve,er If su.i, remonstrance shall be filed as aforesaid, I the ume shall be a bar to uny further i proceedings In (he making of said Improve-! ment for a period of four mouths, unless the owners nf two thirds (2-.il or more of the property affected as aforesaid shall subsequently petition therefor; provided, I however, that where the proposed Improve-1 rxam nui of such assessment and shall cause notice to be given by publication ln a newspaper In the City of Salem at least five days, which notice shall state tbe approximate total cost of the entire Improvement, and the amount of the assessment, proposed ta be made on each lot or parcel of land, describing tbe same, and the time when the same will be ceusldered by the Board. After the first publication of auch notice, aud until the date of such hearing, tho owner of the property effected by such assessment may file objections, aud may be present at such hearing snd present such objections. The Board may. whenever .. .i. riimiieui, urovioe ior otner not ce to be given, provided, however, that notice by publication aa aforesaid shall be deemed due aud legal notice. After the time specified by said notlca has elapsed, the Board shall consider said proposed sssessment snd acceLl&nce, and all objections made thereto, and shsll have power at lis discretion and without fur ther notice to consider, ascertain and de termine the same and the amount of the special and peculiar benefits accruing to each lot or purcel of laud so assessed by reason of such Improvement and shall de clare the same by ordinance. K". lot r f,rt thereof, or parcel of land shall be deemed to be benefited br such Improvement to the full amount of - - - - u . irom luereou. (g) No assessment shall bs held Invalid by reason of failure to enter the name of tht owner of any lot. part thereof or par cel of laud so assessed, or by any mistake In the nsme of the owner or the entry ot a name other than tbe name of the owner in such assessment, or In any act or pro ceeding connected therewith, and no delay, mistake, error or Irregularity In any act or proceeding tu the improvement ahall impair or Invalidate any final assessment, but the aarna mav h, ...,... , ...t .. . . . "-u Uj auiMHMJueut or amended acta or proceedings. a nnenever any assessment for any Improvement has been or may be aet aside, annulled, or rendered Told, or Its enforce ment refused by any court df competent Jurisdiction, or whenever the Bosrd may be In doubt as to the validity of any auch assessment, the Board ahall have and are hereby granted the power to re-apportion the costs aud expenaes ef any such Im provement aud to re-assess ths property benefited by such Improvement. (1) From the date of entry of any as sessmeut ln said docket of city liens, ths sum as therein eutered Is hereby declared to be a tax levied and a Hen upon the lot or parts thereof or tract of land therein aet ferth. aud said Hen ahall have priority over ail other Hens and Incumbrances whatsoever thereon, and ths sum or sums assessed fur auy local Improvement entered upon such Hen docket shall be due and tlftvnhla frnn, , l.n .l.,.A l . -. vn unio ui ancu entry, ana If not paid or bonded as provided by law. " "" hvm unjg 1IUU1 1110 UlUO 91 UCU entry th game hall thereafter be deemed nftiliinimnf-. uml hnll tiuss !,.. t. - rate ot nix uttr ceut per annum. W x utj dubiu ox (jomiuiuioners art hereby empowered aud authorliwd to en- fiirps navniasiif am il I .t.. ..- - '"-" vs. vuill.-t.liuu ML BUT BUU Ell He88 meuu or taxes levied under the pro. T.ft.. v imo vuni ier. uu, except at hereiu otherwise provided, aald Board ibatl nriwIiU alias nn,..,,w, ..... ....... t. v. . fiuvcuui-f, uicniiB aim manner ot ttuforciug payment or collection of iuch flHMUHlnunld nn t.vua (It) When sny assessment upon any lot . f. . .uo.w. v, itaiwi ui iauu oscomes dellunueut, auy person having any valid - - - , - '""j m uu i 1 in u ueivre sale tf such lot or part thereof, or tract of . . 1 ' mnwr, nuu aucu payment sunn discharge the pioperty from the effect ot v ."..iuKui ruu an accruiug costs anal charges, if any when so puid. are tiieremiet to be deemed a part or such lien, credltor'a lien, whether the same be by Judgment, decree, mortgage or otherwise; und Shall .v ",M w "nmcBii nuu collected as a part thereor. (I) The Board of Commissioners shnll . ti,n,i ,u uiui-i oi pi onus ior iue sule of any property for auy uupald assess ment or Iht l, u nt ...iM ..... .--"' v. aiiig, ncii ivi or parcel of bind shull be sold separately, and for a sum uut less than the uupald assess- .mc.cuu, nuu lun interest uuu cost 01 advertising and sule, and where there shnll H tllliru than nn. hl.l l. I .. . .1 -I..II . . sold to the bidder offering ts take the same for the least amount of penalty and Interest. A Bale of real property uuder ths provisions of this Charter conveys to the purchUBer. subject to redemption, all es tates, lutercsts, Hens or claims therein or thereto, of any person or persons whom soever, together with all' rights aud appur tcniiuces thereunto beiouglng. No levy upon such lot or parcel of laud shall be required except that a notice shall be posted four weeks before such sale upon every lot or parcel of land when the assessment is to un unknown owner. (in) All unpaid assessments for any on Improvement muy be Included In oue ad vertlseuieiit and notice) of sale. (ii) The Board shall provide for the manner of keeping due nnd correct record of all such sales and the names ot pur chasers and the manner of Issuing certifi cate of purchase uud the form thereof. (o) All sales for or to satisfy auy delin quent assessment must be sold for lawful money of the United Htntes. In case auy propsrty remain uusold upon any sale, the Hiinie uniy tixmu hi me uisiiet.ou ot me Board, bo offered for sale. (pi The owner, or his legal representa tives or successors lu Interest, or any per son havlug a Hen by Judgment, decree, mortguge or owner of auy tax lien upon auy pruperty so sold, may redeem the earns upon conditions provided as follows: l(e demptlou of any real property aold for de linquent assessment may be made at auy t mo within three years from the date of the certificate of sale by paying to the utfcler appointed for that purpose by th Bou id the purchase price, aud teu per cent thereot aa peualty, and Interest on ths pur chase price at the rate of ten per cent per annum from the dute of auch certifi cate. Where redemption shull be made by the holder of a tax Hen he shall have ths right to have such redemption noted upon the record of his Hen. l'rovided, however, that If redemption Is made within three months from the dute of sule, the peualty to be fin I1 shnll be five per cent. Much redemption shall discharge the property so sold irniu the effect of such sule, uud If innile by a Hen creditor, the amount paid for the redemption shall thereafter be deemed a part of his Hen, and shall bear Ike interest und muy he enforced und col lected as a part thereof. lip After the expiration of three years from the dute of such certificate of pur chase. If no redemption shall have been made, the Board nf Commissioners shsll executevto the purchaser, his hells or as signs, a deed of conveyance, containing a description of the properly Bold, the datt of the sale, a statement of the amouut bid, of the liiiproveuieut for which the assess ment was made, of the year In which the assessment was levied, that the assessment or tax was unpaid at the time ot ths sule ami no redemption has been made, and such deed shall nut need to contain auy further recital of ths proceedings prior to the sale, i lie effect of such deed shull be to convey to the grantee therln named the legal aud equitable title In fee simple to me priiueny in sucu ueeu aescribed, and such deed shall be prima facie evldeuce of title lu such grantee, and that all proceed lugs aud acts necessary to muke such deed In all respects good and valid huve been had and done, aud such prima facie evi dence shall not be disputed or overcome or rebutted or the effect thereof avoided except by satisfactory proof of either 1. Fraud lu making tlie assessment or In the collection of tlie tax. 2, I'uyinent of tlie assessment or tax be fore the sule, or redemption utter the sale : or .1. That payment or redemption was pre vented by fraud of tho purchaser; or 4. That tbe property was sold fnr an assessment or tax for which neither said properly, nur tlie owner thereof, at the lime nf the sale was liable, nnd that uu part of the asHessment or lux wns assessed or levied upon ihe property sold.' fi. I'.very iiiilini. suit or proceeding which may be commenced fur the recovery of hind U,-l, ul.ull l.nuu I ..1.1 .... .... ,-,-, a,,M, i,,r nil naaena- luent or tin, or to quiet title ot tlie former owner, or his succesHnrs In Interest, aunliist such sale, or to remove the cloud thereof (except III cases where the assessment or lax fnr which the land has been sold was paid before tTTe sale, or the land redeemed as provided by law) shall be commenced wllliln three years from the time of re cording of the deed, nud not thereafter; and lu any such action, suit or proceeding the puny claiming to he the owner, ns aitnln-t ibe partv ciiilining under siieli sale, must tender with Ids first pleading the iiiiioimt uf tlie purrhuse price (or which the land was sold by said ( Hv. together with peiiuliles prescribed by luw in audi ciims, jiinl ml tn it s anil iHsi'HMiiients levied uud made against or upon the land or any part thereof, which shall have been paid after such sale by the purchaser at such sale, or his heirs or assigns, together with Interest tliereim at the luie of ten per cent per annum from the respective times of tho payment of such purchsse price, taxes sud iiSHi-H.Hliieuia liy encu liurcii'isei' ol heirs or assigns, tip to the time of filing such pleadings to be paid such purchaser, III" III ,1'M nl d-MIV . l- title of such puriliuser at auch sale shull fall In such actlou. suit or proceeding. I. Neither the tity of Salem unr any offcler thereof, shall be liable for any por tion of the costs or expenses of any street work or Improvement or the coustruct Inn or repair uf suy sewer or drain which Is Continued on Page .6.)