Lincoln County leader. [volume] (Toledo, Lincoln County, Or.) 1893-1987, 1921-06-03

complete said improvements unde
the supervision and direction of tn
Street Commissioner, in lieu of tn
assessment,
SECTION 80. When the probabl
cost Of the improvement or the con
struction Of sewer or drains has beel
ascertainCd and determined, and tn,
proportionate share thereof of eacl
lot, or part thereof, has been assessed
as provided in Section 81, the Council
must declare the same by ordinance
and direct the Recorder to enter 6
statement thereof in the docket oi
city liens as provided in the next sec
ton.
SECTION 35. A sum Of money as
sessed for the improvement Of streets
Tor the constructions of drains OF
sewers can not be collected until by
order Of the council ten days notice
thereof is given by the Recorder by
mailing notice to the owner of the
property at the postoffice address of
the owner if known and If not known
then a notice may be served by pub.
fishing the same in a newspaper pub.
lished in the City Of Toledo, Oregon,
for once a week for a period of two
weeks such notice must substantially
contain the matters required to be en-
tered in the Docket of City Liens con-
cerning such assessments. The laws
OF the state Of Oregon constituting Sec
tions 37SS, 37S9, 1890, 3791, 1892, 1898,
1874, 1896, and 1896 of Oregon Laws as
published in 1920 respecting the pay
meNts of assessments for street i'm
provements and sewer assessments in
installments and the issuance of bonds
therefor and all other matters con-
tanned therein shall apply and be in
full force and effect in the City of
Toledo, Oregon as fully and COM
pletely as though said laws were in
corporated at length in this act.
SECTION 4S. If upon the compile
ton OF any improvement, or the con-
struction of any sewer, or drain, it is
found the sums assessed therefor upon
any lot, or part thereof, is not suffi-
c1ent to defray the cost thereof, the
Council must ascertain the deficit and
declare the same by ordinance; when
so declared, the Recorder must enter
the sum of the deficit in the docket of
city liens, In column reserved for
that purpose in the original entry, with
the date thereof, and such deficit shall
thereafter be lien upon such lot, or
part thereof, in like manner and with
like effect as in the case Of the sum
originally assessed, and shall also be
payable and may be collected in like
manner and with like effect as in the
case of such sum so assessed.
SECTION 49. If upon the comple.
tlon OF any improvement, or the con-
struction OF any sewer or drain, it is
found that the sum assessed therefor
upon any lot, or part thereof is more
than sufficient to defray the cost
thereof, the Council must ascertain
and declare the surplus in like manner
as In the case Of a deficit; when so
declared 1t must be entered as in the
case OF deficit In the docket of city
liens. Thereafter the person who paid
such surplus, or his or her legal rep
resentative, is/entitled to repayment
OF the same by warrant upon the City
Treasurer.
SECTION so. All money paid or
collected upon assessments for the i'm.
provement of streets, or the construc-
tion OF any sewer, or drain, shall be
Kept as q separate fund, and in nowise
used for any other purpose whatever.
SECTION So. All sewers or drains
constructed in the City of Toledo, Ore.
gon shall be done either by letting the
contract therefor, said contract to be
let to the lowest bidder after seven
days notice thereof in a newspaper
published In the City of Toledo, Ore.
gon, or If on the filing and opening of
said bids the City Council deems the
bids too high, they may by resolution
direct the City Recorder to readyer
tise for bids for the construction of
said drains or sewers or may construct
said sewers or drains under the gen.
eral direction Of the Street Commits.
sioner, and in the constructing of any
sewer or drain the city shall have the
right to use and divert from the nat
ural course any and all creeks or
streams running through the city into
such sewer or drain.
SECTION SO. The Common Council
Is authorized to repair any street or
part thereof when it deems it exped-
lent, and the Council may direct that
such repairs be made at the expense
OF the abutting property, and in case
the street is repaired at the expense
or the abutting property, the resolu-
tion shall direct the City Marshal to
post notice on the abutting property
headed NOTICE TO REPAIR |
STREET" in letters not less than u
inch in hight, and said notice shall be !
in legible characters and direct the
owner Of the said property to immed-
lately repair said street in a good and |
manner and copy of such |
notice shall also be mailed to the
owner at his address If known to the
City Recorder, or if not known di-
rected to him at Toledo, Oregon, and 1
the City Marshal shall file with the
City Recorder an affidavit Oh the post
ing and mailing of such notice. A
mistake in the name of the owner of
such property shall not render void
said notice, but in such case a posted
lotice shall be sufficient. Personal
service on the owner of a notice to
'epair street shall be equivalent to the
posting thereof on the property and
he mailing thereof.
SECTION So A. The owner shall
make said repairs within five days
rom the date of the posting of said
lotice. If the owner of any such lot
II part thereof or parcel of ground
hall fail, neglect, or refuse 10 make