Rogue River courier. (Grants Pass, Or.) 1886-1927, 1901-01-25

utting a street graded or improved, or
shall be liable for the full cost {
of making the same upon the half OF the /
street in front Of aud abutting upon 1t ; |
and may also for proportionate share
OF the costs Of improving the intersection
of two OF the streets bounding the block
in which such lot or part OF lot IS situat-
ed. and the Common Council Is hereby
authorized 10 make any and ali neces-
sarv laws TO carry this provision into
effect. But when the land adjacent to
said street shall not have been laid on
into lots and blocks, then the costs oi
improving such streets shall be assessor
10 the owner or owners OF the land lying
within one hundred and sixty feet oi
such improved street.
SEC. ia. The probable cost OF i'm
proving such intersection is TO be assess
sed against the lots or parts thereof sit
uated in the quarters OF the four
blocks adjoining such intersection but
only upon or against the lots and parts
thereof in the quarters nearest there
to and in the following proportions;
Fiye-ninths OF the cost 10 the corner lot
and f6ur-ninths 10 the lots or parts OF lots
inside in equal proport 'ons per foot; and
when any tract adjacent to said improve
ment is not laid off into lots, the proper
tionate cost OF such intercesslon shall be
assessed TO the owner or owners, in like
proportions as above, OF such land as
lies within one hundred and sixty feet
OF such intersection.
SEC. 115 II upon the completion OF
any improvement it Is found that the
sum assessed therefor upon any lot part
OF lot or tract, is insufficient 10 def ay the
expense and cost thereof, the Council
shall ascertain the deficit and declare the
by same ordinance, and when so declared
the Auditor and Police Judge shall
enter the sum OF the deficit in the dock
ct Of city liens in a column reserved Tor
that purpose in the original entry, with
the date thereof, and such defiscit shall
thereafter be lien upon such lot and
other property in like manner and with
like effect, as in the case Of the sum
originally assessed, and shall be collect
ed in the same way.
SEC. 1l6 Upon the completion Of any
improvement, if it is found that the sum
assessed therefor upon any property is
more than sufficient to pay the cost
thereof the Council shall ascertain and
apportion the surplus in like manner as
in the case Of deficit and when so as
certained and declared, it shall be en-
| tered as in the case of a deficit in the
docket Of city liens, and thereafter the
person who paid such surplus, or his
| legal representative or assign, is entitled
to repayment OF the same by warrant on
the Treasurer.
SEC. III All money collected upon
assessments for the improvement OF
streets and alleys shall be keptas a sep
arate fund, and in no case shall it be
used for any other purpose whatever.
SIC. lis Whenever any property sold
under this charter shall bring more
than the tax or assessment thereon,
with costs and charges OF collection, the
surplus must be paid to the Treasurer
and the person executing the warrant
shall keep a separate receipt for such
surplus and file it with the Auditor and
Police Judge on the return Of the war
rant, and at any time thereafter the
owner Of said property, or his legal re-
presontatives, is entitled to a warrant
on the Treasurer for the amount Of such
surplus.
SEC ll9 Whenever the grade OF any
street has been established the Council
may authorize the owner or owners OF
any property abu,tiug thereon or ad
jacent thereto to cut down or fill uT
said street in front of said property ac
cording 10 the established grade, at the
expense and cost of such owners and
under such terms and conditions as the
Council may determine upon.
orENING STREETS.
SIC. 40 Whenever the Council shall
deem 1t eXpedieut to open, lay out
establish. widen, straighten, or extend
a street or alley, it shall cause the City
surveyor TO survey such proposed
change or new street or alley and make
report thereof containing plat OF the
survey Of such change, extension, street
or alley, and the portion of each lot, part
OF lot Or tract required - be appropriate
ed for such change or new street or alley
winch report IT satisfactory to the Cuun'
Gil, sha be adopted by ordinance EN-
odylng the same: provided, that before
the adoption thereof, the Auditor and
Police Judge shall give notice OF the
. filing of such report, by publication
for two weeks in some newspaper pub
lished in the city OF Grants Pass, or by
written notice posted for two weeks al
three public places IN said city, and al
Z the next regular meeting OF the COunci
after the completion OF such notice, pre-
sent to it, the said report, and attached
, thereto a copy Of such notice with the
proof OF publication or posting endorsed
thereon Thereafter, and within sixty
! DAYS rom the adoption of such report
the Council shall apr oint three disinter
ested lreehoIders of the city OF Grant,
Pass, not related hy cousangunity OF
affinity TO any owner or person interest
ed IN any property to ue appropriated
aud possessing the qualifications o
jurors IN court OF justice lor Josephine
County, TO view such proposed stree,
or alley, and make an appra sement o
tile damages, II any, TO the respective
owners OF the property required to be
appropriated, and report the same Il
the Common Council. The said view.
ers shall meet az such time as may be
des gnaled by The Council, and after
having been daily sworn or affirmed [,
discharge tier duuts faithfully, shal
: proceed and view the who.c distance
of said proposed street or alley aud as
+, certain and determine how much ! S,
value, il any, the premises ut SUI
- lOWuers ,specuyriy would bee rendered
, by the opcLiug or changing of the sam.
l. the Council is satisfied tina, the
amount Of damages allowed by the -ss,d
viewers, or by the circuit court upon
appeal, as hereafter provided. is u,l
D aud equitable, aud that the proposed
2 street, alley or change will be OF sliH,
Client importance 10 tue public, tb,
Council shall order ,ae damages So AS.
r sesstd and determined TO be paid by the
city To the said owners respectively oul
OF The city treasury, and any person
{ recrivng the amount so determined
and rendered shal. be forever barred
g and ys;oppsd from makiug any further
, claim OF damages on account thereof and
from appealing from such award of
! damages but il in tha opinion of ih,
Council such street or alley is NO, al
sufficient importance 20 the public 5,
that such awaui should be paid by oh,
city, the Council may refuse 10 omen
, sg'a street or alley Or widen ot extend
I tIt same. as the ra.r may la t,yn..