Daily capital journal. (Salem, Oregon) 1903-1919, 1911-11-17

City of Salem, Oregon, the same being
Section. 26 Of an act Of the Legislative
| Assembly Of the State Of Oregon, entitled
An Act to incorporate the City of Salem
| and to repeal an act entitled An Act ia
incorporate the City of Salem, approved
| October O., 1862, and an act entitled An
Act to incorporate the City Of Salem, ap'
proved February IS, 1898, and to repeal
all acts and parts Of acts in conflict here
with, approved February IT, 1890" Also
| to amend Section 81 Of the Charter OF the
City Of Salem and to repeal Section AZ of
the Charter Of the City Of Salem, Oregon,
being Section 81 and Section AZ of an act
Of the Legislative Assembly of the State
of Oregon, entitled "An Act to amend Sec.
tion No. five t5), Subdivisions nine (9)
and fourteen (14) Of Section No. six (6)
(25), twenty.seven (27, thirty.One (31),
forty (47) siXty.one (61). and sew.
enty.four 90 of the Charter of the City
of Salem, Oregon, entitled "An Act TO in.
corporate the City of Salem, and to repeal
an act entitled An Act to incorporate the
City of Salem, approved October =. 1862,
and an act entitled An Act to incorporate
the City Of Salem, approved February IS,
1898, and to repeal all acts and. parts of
acts in conflict herewith, approved Febru-
ary II, 1890" Approved February Is,
1901.
Be It Enacted by the People of the City Of
Salem Oregon:
Section l. That Section 26 Of the Charter
of the City of Salem, Oregon, of the Act of
the Legislative Assembly Of the State of
Oregon, approved February Is, 1901, be
amended so as to read as follows:
Section 26 The Council in improving any
street or streets, or any part or parts thereof
within the City of Salem, Oregon, shall re.
quire from the City Engineer plans, specifica.
tions and estimates for two (2) or more kinds
of appropriate Improvements, at least one Of
which must be Of non'patentable kind, and
the probable total cost of each class Of i'm.
provement, and the City Engineer shall file
said plans, specifications aud estimates in
the office Of the City Recorder of the City of
Salem, Oregon. II the Council shall find
such plans specifications and estimates to
be satisfactory it shall approve the same, and
shall determine the limits of the street pro.
posed to be improved, and the Council shall,
by resolution, declare its purpose and nten.
tion of making said improvement and deter.
minO the portion Of the street to be improved
The action Of the Council in declaring its in
tention to improve any street or streets, or
any part or parts thereof, approving and
adopting the plans, specifications and esti.
mates OF the City Engineer, and determining
the portion Of the street to be improved may
all be done at one and the same meeting OF
the Council. Upon the passage of such reso.
luton by the Council the Recorder shall
duly give notice by publication for not less
than five (5l successive days in a daily
newspaper published in the City of Salem
Oregon. inviting bids for making SAID i'm.
provement Each bid submitted must be
accompanied by certified check equal in
amount to 10 per cent Of the amount Of the
bid When such bids are received and the
amount of the lowest responsible bid for each
kind or class of Improvement has been ascer
tanned, the Council shall by resolution de-
termine the character Of the Improvement TO
be laid and the lowest responsible bid pro-
vided that no grade or Improvement men.
toned in this section or in Section 25 ex.
cept the original establishing Of the grade
can be made without ten t1O) days notice
anf hnt, l..
some daily newspaper published in the City
OF Salem, Oregon; provided, however, in the
case OF the improvement of any street or any
part thereof, such notice shall not be re-
Guired to be published until the Council has
determined the kind and character Of the
Improvement to he made as herein specified
When the Council shall have determined the
kind Of improvement to he made and the low.
est bid submitted therefor, the Recorder
shall return to the respective bidders whose
bids have been rejected the checks submitted
with their said bids, and shall retain the
check ACCOMPANYING the bid selected and
adopted for the Improvement by the Council
Such check shall be held until such time as
remonstrance is filed sufficient to defeat
said Improvement, the contract and bond
executed, as provided by law or ordered re.
turned by the Council
Section . That Section 81 Of the Charter
of the City of Salem Oregon, being Section
81 OF the above entitled act, be amended so
as to read as follows:
Section 81. In case the notice he for the
Improvement Of street or part thereof and
the same shall not have been defeated by
remonstrance as provided in Section %, the
Council shall direct the Mayor and Recorder
OF the city to enter into contract with the
person, persons, firm or corporation sub.
mitting the lowest bid as hereinhefore pro.
vided, to make said Improvement and shall
require any such contractor to execute
good and sufficient bond and undertaking in
a sum equal to the amount Of the contract
price conditioned to make said Improvement
according to the plans and specifications, and
according to the terms and conditions Of
such contract and to complete the same
within a reasonable time to be determined bv
the Council. After such contract and bond
are executed and the Council have thereby
ascertained and determined the actual cost
of such Improvement, including sum not to
exceed per cent Of such contract price for
engineering expenses, acquiring descriptions
of property and other special expenses con.
nected with making such Improvement, shall
assess upon each lot or part thereof liable
therefor its proportiouate share Of such costs
Section 2, That Section a. Of the act Of
the Legislative Assembly Of 1901 being Sec.
ton a. OF the Charter Of the City OF Salem
Oregon, he, and the same is hereby repealed.
Approved hy majority OF the legal voters
of the City Of Salem, Oregon, on the day
OF December 1911.