Daily capital journal. (Salem, Oregon) 1903-1919, 1911-11-15

To amend Section. 90 of the Charter Of the
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 to
incorporate the City of Salem, approved
October -, 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 II, 1897 Also
to amend Section 81 of the Charter of the
City of Salem and to repeal Section ~ Of
the Charter of the City of Salem Oregon,
being Section 81 and Section At Of an act
Of the Legislative Assembly of the State
of Oregon, entitled IAN Act to amend Sec
tion No five (5), Subdivisions nine (9)
and fourteen (14) of Section No. six t6) (;
and Sections fifteen (15), twenty-five
(25), twenty.seven (27, thirty.one (3D,
forty.seyen (47), sixty.one (61), and sew
enty.four (74) 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 90, 1862,
and an act entitled An Act to incorporate
the City of Salem, approved February 10.
1898, and to repeal all ,acts and parts of
acts in conflict herewith, approved Febru-
ary II, 1890" Approved February ~ 5,
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 t2) or more kinds
of appropriate improvements, at least one of
which must be of a non'patentable kind, and
the probable total cost of each class of i'm
proyement and the City Engineer shall file
said plans, specifications and 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
he satisfactory it shall approve the same and
shall determine the limits of the street pro-
posed to be improved, and the Council shall
hy resolution, declare its purpose and inten.
tiOn OF making said improvement and deter
mine the portion of the street to be improved
The action of the Council in declaring its in
tention to improve anv street or streets, OF
any part or parts thereof approving and
adopting the plans, specifications and eSti
mates of the Citys Engineer, and determining
the portion of the street to be improved may
all be done at one and inc same meeting oi
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 daily
newspaper published in the CITY OF Salem
provement, Each bid submitted must bC
accompanied by certified check equal II
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 eaof
kind or class Of improvement has been ascer
tained, the Council shall, by resolution, de
| termine the character of the improvement t
he 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 he made without ten (10) days notice
thereof being first given hy publication II
some daily newspaper published in the Citl
of Salem, Oregon provided. however, in thu
case Of the improvement of any street or an!
part thereof, such notice shall not be re
ouired to be published until the Council ha
determined the kind and character of th
tmprovement to he made as herein specified
When the Council shall have determined tn
/ kind Of Improvement to he made and the low
est bid submitted therefor, the Recorde
shall return TO the respective bidders who's
bids have been rejected the checks submitted
| with their said bids, and shall retain tn
| check accomnanving the bid selected AM
adopted for the Improvement by the Council
| Such check shall be held until such time
o remonstrance is filed sufficient to defea
| said Improvement, the contract and hon,
/ executed, as provided by law, or ordered re
| turned by the Council.
Section 9 That Section 81 of the Charte
Of the City Of Salem, Oregon, being Sertio
/ ~ Of the above entitled act be amended S
I as to read rs follows:
Section 81. In case the notice be for tn
| Improvement Of street or part thereof an
the same shall not have been defeated by
remonStrance, as provided in Section 2S IN
| Council shall direct the Mayor and Recorde
OF the city to enter into contract with III
person, nersons firm or corporation sui
mitting the lowest bid as hereinbefore pre-
vided, TO make said Improvement and sha
1 require any such contractor to execute
\ good and sufficient bond and undertaking |
II sum equal to the amount nf the contraC
price. conditioned to make said improvement
according to the plans and specifications, an
according TO the terms and conditions
such contract and to complete the sam
within a reasonable time to he determined
the Council. After such contract and bon
are executed and the Council have thereh
ascertained and determined the actual cos
Of such Improvement. including a sum not
exceed 5 per cent Of such contract price fC
engineering expenses, acquiring description
of property and other special expenses col
neeted with making such improvement, shs
assess upon each lot or part thereof liahl
therefor its proportionate share of such cost
Il Section 3, That Section AZ of the act
the Legislative Assembly Of 1901, being SCI
tion AZ Of the Charter Of the City Of Sslen
Oregon. be, and the same is hereby repealed.
Approved hv a majority Of the legal voter
Of the City Of Salem, Oregon, on the +. da
OF December, 1911.