Ordinances a of the ity of Portland, Oregon Effect July 1, 1913, as revised by the Council 19, 1914, and containing all Amendments ently adopted up to November 2, 1926, ae inclusive. Lee ae ~~ ae iS aee Etter ) pers 2 We mG 8 thee TT, a Ke pay THE CHARTER and Charter Ordinances of the City of Portland, Oregon ——————— _—$————————————— nnd In Effect July 1, 1913, as revised by the Council August 19, 1914, and containing all Amendments subsequently adopted up to November 2, 1926, inclusive. Boao rt. | i “4, 19 S3c 26 THE CHARTER OF THE CITY OF PORTLAND, OREGON v -~ LO ' Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter rm at 9 | St =) Lz; 13. 14, oO MP AP 7 RP De Y GENERAL SUBJECTS Sections POLL a tem ly cts CNCO ane EO WET > . 0. <7). 3.02. .45 5: PMRUATHCOESOMRT CIR Saha sea NON i ee eee oy ol EDS BE 2 ORE ea UE yagi a RD red ee ere NE OIGCS eC er LLIN Lt ae eM ante anes, OP RR As acter Sy uty OYA ey ale SRO ahd alah. % eM N ay PSs OUND ee usta het ess crash be viata ele Aire geass ee LRT? WRU UN UR INR IN YN IN wr § 35. FINES AND IMPRISONMENT FOR VIOLATION OF ORDINANCES PERE OPN LAL) EES) IM Lae My ee ee Lier hea Une e leed ya yin io Seren ode whe thee Poon os § 36. ENUMERATION OF POWERS NOTA LIMITATION .............. ARTICLE 2. MEETINGS AND ORDINANCES. Settee RUA NICAL LON COM: COUN GIL. Bibt rin rr, SAG co uta ewe dei 69 em E Ee Cee IGINLA RM cnc CRN Pil deo Pilea «hd lass Paby deol g Meee Al a ele ead Sy AYE AND NAY VOTE. 300% once Pe Snr eR OSE oi OB PRIVILEGE: IN “DE BAT He rire eee ees oh etree eee ee eee RIGHTS OF COUNCIL TO CONTROL ITS MEMBERS.............. MEETINGS—PUBLIC AND WEEKLY—JOURNAL OF PROCEED- INGS (202 REP Re a ee Bee: QUORUM. 0 ee : MANNER OF TRANSACTING LEGISLATIVE AND JUDICIAL BUSINESS 20.00 lide Se ee ORDINANCE TO CONTAIN BUT ONE SUBJECT ......,...... = | ENACTING (CLAUSE). a0 2s acces ee MANNER OF PASSING ORDINANCES (,0/9 3 ee DATE ORDINANCES PASSED BY COUNCIL TAKE EFFECT ...... DATE INITIATIVE AND REFERENDUM MEASURES: TAKE _ BFEECT: (73 CSB be ee) Se ae ee ee MANNER OF AMENDING AND REPEALING ORDINANCES...... ATTESTATION OF ORDINANCES. ©. 0 20. (@30. (2 ee eee OBJECTIONS TO;ORDINANCES (oko cjg cutie oa, sons oj ce ete oe etc ee EXISTING .ORDINANCES CONTINUED) vn20 oo 32 ee oe CR tor CO Cr Or (& ee PB CO NO RO PES IGE Oy Sen Src ee QS £0890 Ss ee eee COR COR (0? (Or tor 0? Or 60? WL; or OT OT OI coh tS ARTICLE 3 EXECUTIVE AND ADMINISTRATIVE POWERS: § 54. THE DEPARTMENTS—DISTRIBUTION OF WORK................ § 55. ASSIGNMENT OF DEPARTMENT TO COMMISSIONERS ......... § 56. AUTHORITY OF COMMISSIONER OVER HIS DEPARTMENT.... § 57. COUNCIL TO ASSIGN WORK TO SUBORDINATES ©... osc 8:58. ADMINISTRATIVE: CODE) 2.0.2 hae. aa ce earache cree ARTICLE 4 THE MAYOR: 8°59. HIS DUTIES—ANNUAL MESSAGE ©. 2) 4 § 60. INSTITUTION OF SUITS TO CANCEL FRANCHISES; INVESTIGA- TIONS ‘OF FRANCHISES ooo. vdeenion « oe islet cele ee else eins eee §. 61." INVESTIGATION OE OFFICES. 9.2) occ veince sc oie ia ete § 62. SUSPENSIONS FROM DUTY PENDING INVESTIGATION ........ § 63. BE “NOTIFIED OF VIOLATION OF CONTRACTS 2.2) 0 ee ARTICLE 5. THE AUDITOR: § 64. QUALIFICATIONS—FILLING VACANCY IN OFFICE ............ § 65. “SALARY AND BOND \0.. D0.% 2s Scie sie ee 86655 DUTHES ss oe os NGS aes See ie a ag ei ete ree § 67. DEPUTIES AND. CLERKS)... 92 208s see Oe § 68. AUTHORITY TO. ADMINISTER OATHS. 5/005) pee ee eee § 69. ACCOUNTS TO BE KEPT AND DEMANDS AUDITED............. § 70. “RECORD, OF DEMANDS. 220 Sat2 Ge eee da ee ee eee § Tl, -APPROVAL OF DEMANDS (3.25) sea oe ee oe ee § 72. APPROVAL OF CERTAIN DEMANDS PROHIBITED ....... EPO SS § 73. PRESENTATION AND ALLOWANCE OF DEMANDS.............. § 74. REGISTER OF WARRANTS—PREFERENCE NOT ALLOWED..... § 75.) DRAWING WARRANTS | s. 0002. oc ott cies cee cle ee ee $:76.., ISSUANCE OF DICENSES i202 os (en cer eae Shee ee §. 77; RECORDS AND PDLES: OF COUNCI Dw: 22. is ee eee § 78. ‘CERTIFIED COPIES OF RECORDS 3...5)04% 1) eae eee eee §.79. -PRESENT“OWNERSHIP RECORD! 3.7.3... acces eee ARTICLE 6. OFFICERS AND EMPLOYES: §:80.. -APPOINTIVE: OF BICIERS ay tine ee foe vat Meee eee § 81. REMOVAL AND QUALIFICATIONS ...... Sehr eS Slee Stee cane § 82. COUNCIL MAY CREATE OR ABOLISH OFFICES ...:........... Vane [6] < © 00 00 00 CO 00 WH Ppt oe ene it a oe COR COR (OR LO? Or COR 02 SOR UP? (OR COP (OR (OP? (OP = 1 © % 1 © eo et § 97. § 98. § 99. § 100. § 101. § 102. § 103. § 104. § 105. § 106. § 107. § 108. § 109. § 110. eRe avn Pea oe) ee FIG IS Dicpe vise ytaitin, anosiie Bias gic cleveisl's bard aeiatel Cele adie ree Ce EOC! er LEV OCC Moe ca dis aia x lel of nc saa oS 5c'e mrapee eee ao QUALIFICATIONS. FOR ALL OFFICIALS). ...... 0.66 e cet eet eile ADDITIONAL BOND MAY BE REQUIRED OF OFFICERS ......... Rigg Nae le OMNIGLAT BONDS 2) xtc. cs tae cas airwicls fans wlerele REQUIREMENTS OF SURETIES ON OFFICIAL BONDS..........- LIABILITY OF SUPERIOR OFFICER FOR ACTS OF SUBORDINATE BONDS MAY BE REQUIRED OF SUBORDINATES ............--- OFFIERS AND EMPLOYES FORBIDDEN INTEREST IN CITY Ne Cr Lee ere ees at ed ko ds Patho otelaeigs wee = fe Fee ok BOOKS AND RECORDS INSPECTION; CERTIFIED COPIES ....... APPOINTMENTS—HOW MADE AND FILLED........... .---++-0-: SALARIES TO BE FULL COMPENSATION 2.2.00... 6. cede cee eee OFFICERS FORBIDDEN TO FAVOR BIDDERS ON CONTRACTS... OFFICERS TO DEVOTE ENTIRE TIME TO CITY BUSINESS....... Chapter 4 CIVIL SERVICE RULES—TOoW HOM -APPLIBD—EXCEPTIONS ....020sc: cee sees CIVIL SERVICE BOARD—APPOINTMENT—QUALIFICATIONS.. SHCh MUA RY APPOINT MENT=—DUTIE Ss. ateae ects nn cee ies de «re Bore nr Ome lc aL RVG OR VLG ee gem ed aA ckiin Ns, By el TE os at BOARD TO MAKE AND PUBLISH RULES AND KEEP RECORDS. Pex MISA DION We © spay rite cee ASD SE a RS Oe ae ee eR , RECORD OF POSITIONS AND.APPLICANTS .......-.-eccceceeees VACANCIES—HOW FILLED—REAPPOINTMENT OF EMPLOYES MMO Yar PODNTIMLHIN Loe ere ccs wsrtnne corte era Sins 1 ee REVISION OF CHARTER—CODIFICATION OF ORDINANCES . CHARTER EFFECTIVE JULY 1, 1913 CERTAIN NOMINATIONS VOID 1). ..(.¢00 0 CONTRACT WITH HUMANE SOCIETY DOCK (BONDS. ose ROE eee ee SINKING :FUND5)3c Pia y feted See a es ae ee FIRE stops .! PS MN RAO FS SO Ie: OO ere ese: 18.ee) 1016 ese, OL eye ee) e826 ral el ai p Ren spite to Neltisy et Sinek rena eee 9.8" O' 18) 50,6) O; @) Cy Oe Oi 16) Ne te 6, eke «8 Ghee 6) ae ieee ©) 0 O08) 8 <6 6. 918 ev ole Ke fer .e 6) see CREATION OF POLICEMEN’S RELIEF AND PENSION FUND.... SOURCE OF FUND POO OF Ol OO 8 O10. 18) CNS 8h eo OTS Tone. Slaw ais Meio) “s). & heoten Twi) We ust) aitatt eae maine ite OO 8) 8, hep 6 he A erue' 6 ele 0 ‘ee eb) bir erCeetes 2 SO Ry Sy OO Cee TA: Ol SO: \8: 16 RO 46- 30) lo ah. Sie), Slb we Mee) Tara) einlakiniite tiomneenenne CITY. TREASURER CUSTODIAN AND DISBURSING OFFICER. . AMOUNT OF SALARY DEDUCTED FOR PURPOSE OF FUND.... PENSIONS PAYABLE MONTHLY BENEFITS ON RETIREMENT 9) 5S) SEAM ONO BF OOO) Ci-le. 0 50.6 a Fe ayia" ee / puye te, ree alte ere eee FOE) 0 SAR SEO 86 (0) 0B Wee) e. Oe. OJebe) elie © aes a) ee allel eie nee « © celle) 6 BENEFITS TO WIDOWS AND CHILDREN OF DECEASED POLICEMEN (yi Roc, Seti ia Boe, Dare ae chimes © Vie cee PENSIONS TO TEMPORARY POLICEMEN APPLICATION FOR PENSION BSR Le) ee) eh SLs) 9's elt ee es es ER real ee BO SOE ESTO 8 NG OHO" +0 1Cr.% 0.0) 18) Of eye) enrele he. te te el ee era ee o © OO oe NG 0 etiet be) ale aie te el eb 8) tellemana PENSION CERTIFICATES FORREITURE (OF PENSION: (i002) vis Ae eee PENSIONS PRORATED WHEN FUNDS INSUFFICIENT BOOKS AND ACCOUNTS OPEN FOR INSPECTION 2 EOD AO Op MOA ey OFS) 0, Vel ee! ei paises ie; (4) u8)18 cw me) 16 xe) Seip ee et a een eanS ols Lems: 18 Ce Key le @..F CVONOCe Tee 6 oO Ue oe © © we we ew PENSIONS EXEMPT FROM EXECUTION DISCHARGE OF! POLICE MEN Qisicyad neg int soe CITY ATTORNEY EO ADVISE VBOARD 4-07 ohn ats Sonne eam ACTS OR PARTS OF ACTS IN CONFLICT HEREWITH REPEALED DEFINITION OF 9-04 OFS). 6S) LSet R08 0 Leet Pte dvi hei we Pe OOS SOO Or SOG OOS) SALADS CLS OOO TNO Ne hen Be ete. (ee eile Me Lees etet naa te tells tie ial he, aeanne Chapter 13 PROCEDURE FOR LAYING OUT, EXTENDING OR WIDENING STREET § 321. § 322. § 328. § 324. § 325. SEREET. DEFINED. eevee dates tec ag dee ee oe oe REPORT FROM CITY ENGINEER—CONTENTS OF REPORT . NOTICE OF REPORT, HEARING THEREON, OBJECTIONS AND CLAIMS.OF OWNERS: (1 ho RL on ae See eee POWER OF COUNCIL TO ACT UPON HEARING RIGHT OF OWNERS TO APPEAL Ce Y OOS Le Ne Ve: ee) 9) Kee: (@ 5@\ 67/6" tere (ere, (6 (ele Jere tale, 6) 6 eens § 326. POWER OF COUNCIL TO DISCONTINUE OR PROCEED ........ Pee me EFM ING LO Nes COME LE LIL) be evs irniei sab olelee 6 evel ied wlelicc enlace § 328. FAILURE OF PROCEEDINGS OF FUND FOR DAMAGES NOT ee CP BtUT re OME a a eatin Sic sd PURER Vio teiealg(e wisle els» debe eaten butaie atest § 329. STREET TO BE DECLARED OPEN, WHEN ..............ccecceeee RA A EIU SUMO Lil cca cg ects ctuea cele ae san dshievens e wans Oe citees § 331. REFUNDING SURPLUS ..... ara rimcatansine tt Matealdtn gia l@ ci absee sist chs «eck arent Sete A DULLTIONAT POWBRS: OF COUNCIDN. 00 0 deuce cca ved cave miaee § 333. PROCEEDINGS MAY BE ABANDONED, WHEN ....... betandett ate a's Roem re UEVite EP HOVISIONS eis. vies cased cae chads scdne civ cedatactess Mem Hae OA SIG MITIN Sy EC. clea ued viet cc ck ode dwon che cticctas Chapter 14 PROGRESS PAYMENTS; LIGHTING STREETS; MISCELANEOUS BONDS. pecee CONTRACTS KOR LIGHTS: :TIMBE-OR (0c. .6 cece css ecaeens ecee SEPM UGREGsarAY MENTS (y fo,5 5 vis dete Me eal pele eth ok docs Bea et DTS ICTS bee ries cate SALA ee Md od ee on Bate ae, $,009.. BRIDGE ACCESS BONDS, SERIES NO. 2 .........cccecevcccence Recste ate BOAT AND STATION BONDS (7. : [ 35 J Lh tn up RAD read ea § 59. HIS DUTIES—ANNUAL MESSAGE: The Mayor shall exercise a careful supervision over the general affairs of the city and its subordinate offices. It shall be his duty from time to time to make such recommendations to the Council as he may consider to be for the welfare of the city. On or before the fifth day of January in each year, he must communicate, by message, to the Council a general statement of the conditions and affairs of the city and sub- mit therewith the annual budget of current expenses of the city. [Ch. 1908, §147.] § 60. INSTITUTION OF SUITS TO CANCEL FRANCHISES; INVESTIGATION OF FRANCHISES: The Mayor may on his own motion, and must upon a resolution passed by the Council directing him so to do, cause to be instituted on behalf of the city such actions or proceedings as may be necessary to revoke, cancel or annul all franchises that may- _ have been granted by the City to any person, company or corporation, which have been forfeited in whole or in part or which for an reason may be irregular and void and not binding upon the City, and the City Attorney upon his demand must institute and prosecute the suits or actions required to enforce the provisions of this section. Each Mayor taking office under this Charter shall cause a careful investigation to be made of the exact condition of all franchises theretofore granted by the City, and of the respective rights and obligations of the parties, and the performance of the same, and shall report the results thereof in each of his annual reports or messages. [Ch. 1908, §151.] § 61. INVESTIGATION OF OFFICES: The Mayor may at any time, with or without notice, investigate in person or through one or more competent persons appointed by him for the purpose, the offices and accounts of any department of the City or of any employe, and the official acts and conduct of any official or employe in the administrative service of the City, : and the money, securities and property belonging to the City.in the possession or charge of such department, officers, or employe. For the purpose of ascertaining facts in connection with these examinations, the Mayor shall have full power to com- pel the attendance and testimony of witnesses, to administer oaths, and to examine such persons as he may deem necessary and to compel the production of books, papers and other evidence. Wilful false Swearing in such investigations and examinations Shall be perjury and punishable as such. The expense of any such investigation shall be paid out of the General Fund in the same manner as other claims against the city are paid. The result of all such examinations and investigations shall be reported to the Council and such report be filed with the Auditor. [Ch. 1903, §152.] § 62. SUSPENSIONS FROM DUTY PENDING INVESTIGATION: The Mayor shall have the power to suspend, pending an official investigation, any officer of the city, except Councilmen, for any official defalcation or wilful neg- lect of duty, or official misconduct. [Ch. 1903, §158.] § 63. BE NOTIFIED OF VIOLATION OF CONTRACTS: It shall be the duty of every officer and person in the employ or service of the | City, when it shall come to his knowledge that any contract or agreement with the City, or with any officer or department thereof, or relating to the business of any office, has been or is about to be violated, forthwith to report to the Mayor all the facts and information within his possession concerning such matter. A wilful failure so to do shall be sufficient cause for the removal of such officer or employe. The Mayor shall give a certificate on demand to any person reporting such facts and in- formation that he has done so and such certificate shall be evidenced in exoneration from a charge of neglect of duty in that behalf. [Ch. 1908, §158.] | [ 36] ARTICLE 5. THE AUDITOR. § 64. QUALIFICATIONS—FILLING VACANCY IN OFFICE. § 65. SALARY AND BOND. § 66. DUTIES. § 67. DEPUTIES AND CLERKS. § 68. AUTHORITY TO ADMINISTER OATHS. § 69. ACCOUNTS TO BE KEPT AND DEMANDS AUDITED. § 70. RECORD OF DEMANDS. § 71. APPROVAL OF DEMANDS. § 72. APPROVAL OF CERTAIN DEMANDS PROHIBITED. § 73. PRESENTATION AND ALLOWANCE OF DEMANDS. § 74. REGISTER OF WARRANTS—PREFERENCE NOT ALLOWED. § 75. DRAWING WARRANTS. § 76. ISSUANCE OF LICENSES. § 77. RECORDS AND FILES OF COUNCIL. § 78. CERTIFIED COPIES OF RECORDS. § 79. PRESENT OWNERSHIP RECORD. § 64. QUALIFICATIONS—FILLING VACANCY IN OFFICE: There shall be an Auditor of the City of Portland who shall possess the same qualifications required of a Commissioner and in addition those of an expert account- ant. He shall be elected at the general municipal election and shall serve for a term of four years. If a vacancy occur in the office of Auditor the Council shall appoint an eligible person to fill such vacancy until the next general election subject to the provisions of law with respect to the recall of officers, and also subject to the provisions of this Charter declaring when a vacancy shall exist; the person appointed to fill such vacancy must within five days from the date of appointment or election qualify therefor as in the case of an officer elected for the full term or he shall be deemed to have declined and the office shall be considered vacant. Any such vacancy shall be filled at the next general municipal election for the unexpired term. [Ch. 1903, §269; Am. May 8, 1913, §97.] § 65. SALARRY AND BOND: The salary of the Auditor shall be fixed by the Council and shall not be less than thirty-six hundred dollars per annum, payable monthly out of the General Fund in the same manner as other salaries are paid. He shall give a bond for the faithful per- formance of his duties in such sum as the Council may determine. [Ch. 1903, §270; Am. May 3, 19138, §98.] § 66. DUTIES: The Auditor is the accounting officer and clerical officer of the city. He shall be in personal attendance at his office daily during office hours. He shall receive and preserve in his office all accounts, books, vouchers, documents and papers relating to the accounts and contracts of the city, its debts, revenues and other financial affairs. He shall give information as to the exact condition of the treasury and of every appropria- tion and fund thereof upon demand of the Mayor or the Council, or any Commissioner. He shall be the custodian of the city’s seal and shall perform such other duties as this Charter or the Council may direct. He shall keep the records and accounts of the city in a complete and intelligible manner. He shall make a semi-annual statement to the Council showing the receipts and disbursements of the city and the state of each particular fund at the close of business on the 3lst.day of May in each year, and shall also prepare and transmit to the Council on or before the 15th day of December in each year a report of the financial transactions of the city during the calendar year ending the 30th day of November next preceding and of its financial condition [37 ] at the close of business on said 30th day of November. The report shall contain an . accurate statement in summarized form and also in detail of the financial receipts of the city from all sources and of the expenditures of the city for all purposes, to- gether with a detailed statement of the debt of said city, of the purposes for which said debt had been incurred and of the property of said city, and of the accounts of said city with grantees of franchises, and also a statement showing all franchises, permits, or other privileges then in effect, and the purpose for which the same were granted and the names of the present owners of each thereof. As a part of each annual statement of the Auditor, he shall include therein an in- ventory of all public property of the city together with its condition and approximate value and shall also include therein a summary of the assets and liabilities of the city. [Ch. 1903, §273; Am. May 8, 1913, §99.] § 67. DEPUTIES AND CLERKS: The Auditor may appoint, subject to the Civil Service rules of this Charter, one chief deputy and such other deputies and clerks as the Council may authorize. Said deputies shall have power to do and perform any act or duty required of the Auditor, and the Auditor shall be responsible for their conduct. The compensation to be paid ‘such deputies and clerks shall be determined by the Council. [Ch. 1903, §271.] § 68. AUTHORITY TO ADMINISTER OATHS: The Auditor and each of' his deputies is authorized to administer an oath and certify any acknowledgment authorized or required to be taken’ by any city ordinance or law of this state and he may require any person presenting for settlement an ac- count or claim of any kind against the city to be sworn before him touching such ac- count or claim, and when so sworn to answer orally as to any facts relative to the merits or justice of such account or claim. [Ch. 1908, §272.] § 69. ACCOUNTS TO BE KEPT AND DEMANDS AUDITED: The Auditor shall keep an account of all moneys paid into and out of the treasury. Any ordinance or resolution providing for the payment of any demand out of the treas- ury, whether from public funds or from private funds deposited therein, shall always be construed as-requiring the auditing of such demand by the Auditor before the same be paid. [Ch. 1908, §274.] § 70. RECORD OF DEMANDS: The Auditor shall number and keep an official record jof all demands audited by him, showing the number, date, amount, name of the original holder, and against what appropriation drawn and out of what fund payable. [Ch. 1908, §275.] § 71. APPROVAL OF DEMANDS: The Auditor shall approve no demand unless the same has been allowed by — authority of the Council. [Ch. 1908, §276; Am. May 8, 1918, §100.] § 72. APPROVAL OF CERTAIN DEMANDS PROHIBITED: No demand shall be allowed by the Auditor in favor of any person or corporation indebted to the city in any manner, except for assessments or taxes not delinquent, without first deducting the amount of any indebtedness then due of which he has notice, nor in favor of any person having the collection, custody or disbursement of public funds, unless his account has been presented, passed, approved and allowed as herein required, nor in:favor of any officer who has neglected to make his official re- turns or reports in the manner and at the time required by law, ordinace, or the regu- [ 38 ] lation of the Council; nor in favor of any officer who has neglected or refused to comply with any of the provisions of law regulating his duties; nor in favor of any officer or employe for the time he shall have absented himself without legal cause or duly granted leave of absence from the duties of his office during office hours, and the Auditor must always examine on oath any person receiving a salary from the city touching such absences, [Ch. 1908, §277; Am. May 3, 1913, §101.] § 73. PRESENTATION AND ALLOWANCE OF DEMANDS: Every demand upon the Treasurer except the salary of the Auditor must before it can be paid be presented to the Auditor, who shall satisfy himself whether the money is legally due, and its payment authorized by law, and against what appropria- tion and out of what fund it is payable. If he allows it he shall endorse upon it the word “Allowed,” with the name of the fund out of which it is payable and the date of such allowance, and sign his name thereto, but if he disallow the same he shall endorse upon it the word “Rejected.”” No demand shall be approved, allowed, audited or paid unless it specify each several item, date and amount composing it, and have endorsed thereon the legal authority for its payment. [Ch. 1903, §278.] § 74. REGISTER OF WARRANTS—PREFERENCE NOT ALLOWED: The Auditor shall keep a register of warrants, showing the funds upon which they are drawn, the number, in whose favor, for what service, and the appropriation ap- plicable to the payment thereof. He shall not allow any demand out of its order, nor give priority to one demand over another drawn on the same specific fund, except that when liability for any claim presented is not sufficiently apparent to him, he may delay the payment thereof until such liability shall be determined. [Ch. 1903, §279.] § 75. DRAWING WARRANTS: When any demand has been duly approved and audited, the Mayor and Auditor shall draw warrants on the Treasurer therefor. Such warrants must be drawn on the fund appropriated therefor and be signed by the Mayor and attested by the Auditor; but no warrant, except such as are issued upon funds created by special assessments, or warrants issued in settlement of judgments of the courts, shall be drawn, signed by the Mayor or attested by the Auditor until the money for the payment thereof is in the hands of the City Treasurer and appropriated to the payment thereof upon presentation of same. [Ch. 19038, §280.] §.76. ISSUANCE OF LICENSES: The Auditor must issue all licenses authorized by ordinance upon the delivery to him of the receipt of the Treasurer for the amount of money required for such license. [Ch. 1908, §281.] | § 77. RECORDS AND FILES OF COUNCIL: As Clerk of the Council, the Auditor shall keep a correct journal of its proceedings, and shall file and keep all books, papers, and maps connected with the business of © the Council. [Ch. 1903, §282.] § 78. CERTIFIED COPIES OF RECORDS: The Auditor shall make certified copies of any papers or maps or transcripts of any records kept in his office when so required, upon the payment of his fees therefor, and such fees shall be deposited with the City Treasurer for the credit of the general fund. The fees charged shall be the same as those provided for in this Charter or by ordinance, and no charge shall be made for any copies, transcripts, or certificates re- [ 89 ] quired or demanded by any official or board when such are needed for the official business of the city. [Ch. 1908, §283.] § 79. PRESENT OWNERSHIP RECORDS: The Auditor shall keep a record of ownership of real property within the limits of the City of Portland, and correct said record as changes of ownership shall be re- corded in the office of the County Clerk for the County of Multnomah, and he shall also keep a record of all property owned by the city and the income derived therefrom. [Ch. 1903, §284.] ARTICLE 6. OFFICERS AND EMPLOYES: APPOINTIVE OFFICERS. REMOVAL AND QUALIFICATIONS. COUNCIL MAY CREATE OR ABOLISH OFFICES. APPOINTMENT OF EXPERTS. OFFICIAL BOOKS AND RECORDS. 85. QUALIFICATIONS FOR ALL OFFICIALS. ADDITIONAL BOND MAY BE REQUIRED OF OFFICERS. 87. REQUIREMENTS OF OFFICIAL BONDS. 88. REQUIREMENTS OF SURETIES ON OFFICIAL BONDS. 89. LIABILITY OF SUPERIOR OFFICER FOR ACTS OF SUBORDINATE. 90 91 CO C0 CO CO WO Pope > BONDS MAY BE REQUIRED OF SUBORDINATES. OFFICERS AND EMPLOYES FORBIDDEN INTEREST IN CITY CON- TRACTS. § 92. BOOKS AND RECORDS INSPECTION; CERTIFIED COPIES. § 983. APPOINTMENTS—HOW MADE AND FILED. § 94. SALARIES TO BE FULL COMPENSATION. § § COR COR CO? 40? CO? LO? CO? LD UM On LP (oe) or) 95. OFFICERS FORBIDDEN TO FAVOR BIDDERS ON CONTRACTS. 96. OFFICERS TO DEVOTE ENTIRE TIME TO CITY BUSINESS. § 80. APPOINTIVE OFFICERS: As soon as convenient ofter their election the Council shall, by ordinance, appoint the following officers: Treasurer, City Engineer, City Attorney and Municipal Judge and Purchasing Agent. [Am. May 8, 1918, §102.] § 81. REMOVAL AND QUALIFICATIONS: All appointed officers shall serve during the pleasure of the Council. All may be re- moved for cause at any time by a majority vote of the Council. A statement of reasons for the removal shall be included in the order, and the officers removed. shall have the the right to make a counter statement in writing, which shall be filed and preserved with the order of removal. The order of removal shall not be reviewable. Vacancies in any such offices shall be filled by the Council. The Council may by ordinance im- pose any duties upon any officer not inconsistent with the general character of such office, and may divide or consolidate any of said offices. It shall also fix and may change from time to time the salary of every officer. The officers named in this section shall at the time of their appointment be citizens of the United States, residents and qualified voters of the City of Portland. The Municipal Judge and City Attorney shall be attorneys of the supreme court of the State of Oregon. The city attorney may have one or more deputies with same qualifications as the City Attorney, to be appointed by him, in writing, and to continue during his pleasure. The number and compensation of such deputies to be fixed by the Council and shall be deemed removed on the removal or resignation of the City At- torney. [Am. May 8, 1913, §103.] [ 40 ] § 82. COUNCIL MAY CREATE OR ABOLISH OFFICES: The Council shall have the power by ordinance to create and abolish all such sub- ordinate offices, places and employments in the service of the city as it may deem necessary for efficient and economical administration. Each Commissioner shall ap- point and remove the incumbents of all subordinate offices and employments in his department, subject to the Civil Service Rules of this Charter. [Am. May 38, 1913, §104.] § 88. APPOINTMENT OF EXPERTS: The Council may from time to time appoint consulting employes to perform techni- cal or scientific services whose employment shall continue only so long as the particular occasion shall continue and who shall not be subject to the Civil Service Rules of this Charter and of whom the qualifications elsewhera prescribed in this Charter shall not be required. [Am. May 3, 1913, §105.] § 84. OFFICIAL BOOKS AND RECORDS: The official books and papers of all the officers mentioned in this Charter are city property, and must be kept as such by such officers during their continuance in office and then delivered to their successors; and such books and papers may be inspected at any tme by any member of the Council, by the Mayor or by the public. [Ch. 1903, §122.] § 85. QUALIFICATIONS FOR ALL OFFICIALS: No person shall at any time hold more than one office yielding pecuniary com- pensation under this Charter, or under the Mayor, Council, or any of the departments of the city. All municipal officials, except women, shall be registered voters of the City of Portland. [Ch. 1903, §128.] § 86. ADDITIONAL BOND MAY BE REQUIRED OF OFFICERS: When under any of the provisions of this Charter, or of any ordinance, an official undertaking or bond shall be required from an officer, the Council may, by resolution, require an additional undertaking, or bond, whenever, in the opinion of the Council such undertaking or bond or any surety thereto becomes insufficient; and such addi- tional undertaking or bond shall also be required when a surety to bond shall die or cease to be a resident of this city. [Ch. 1908, §130.] § 87. REQUIREMENTS OF OFFICIAL BONDS: City officers shall not be accepted as surety for each other on official undertakings or bonds. Every such undertaking or bond shall contain a condition that the principal will faithfully perform all official duties then or that may thereafter be, imposed upon or required of him by law, ordinance or this Charter, and at the epiration of his term of office he will surrender to his successor all property, books, papers, and documents that may come into his possession as such officer. Such bond or undertaking when it is not that of a qualified surety company, must also be executed! by two or more sureties who shall each justify in the amount required for said bond; but when the amount of the bond or undertaking is more than five thousand dollers, the sureties may become severally liable for portions of not less than twenty-five hundred dollars. When there are more than two sureties, such sureties may justify in an amount which in the aggregate shall equal double the amount of said bond. [Ch.. 1903, §131.] § 88. REQUIREMENTS OF SURETIES ON OFFICIAL BONDS: Every surety upon an official undertaking or bond, other than lawfully authorized surety companies, must make an affidavit, which shall be endorsed upon such under- [ 41 ] taking or bond, that he is a resident and freeholder in the city, and worth in real property situated in the city, exclusive of incumbrances thereon, double the amount of his undertaking over and above all sums for which he is already liable or in any manner bound, whether as a principal, indorser or surety, and whether such prior obligation or liability be conditional or absolute, liquidated, or unliquidated, due or to become due. All persons offered as sureties on official bonds may be axamined on oath as to their qualifications by the officer whose duty it is to approve the undertaking or bond. All bonds and undertakings provided for by this Charter except that of City Treas- urer, may be secured by individual sureties. [Ch. 1908, §132.] § 89. LIABILITY OF SUPERIOR OFFICER FOR ACTS OF SUBORDINATE: Every officer shall be liable on his official undertaking or bond for the acts and omissions of his deputies, assistants, clerks and employes, appointed by him, and of any and each of them, and every official undertaking or bond shall contain such a condition. [Ch. 1908, §133.] § 90. BONDS MAY BE REQUIRED OF SUBORDINATES: Every board, department or officer may require of their deputies, clerks or em- ployes bonds of indemnity with sufficient sureties for the faithful performance of their duties, the penalties in which shall be prescribed by ordinance. [Ch. 1903, §134.] § 91. OFFICERS AND EMPLOYES FORBIDDEN INTEREST IN CITY CON- TRACTS: No Councilman or other officer or employe of the city shall be or become directly or indirectly interested in or in the performance of any contract for the supply of labor or material tq the city, or in the sale of any article, the price or consideration of which is payable from the city treasury, or in the purchase or lease of any real estate or other property belonging or to be taken by the City, or which shall be sold for taxes or assessments or by virtue of legal processes at the suit of the City. And in case any officer or employe of the City shall be interested personally as a promoter or stockholder or shareholder in any firm or corporation in any grant or privilege or franchise sought by himself or his associates or such firm or corporation from the City of Portland, or any public utility which is sought te be acquired or duplicated by the City or which is offered for sale or lease by the City, such officer or employe shall be incapacitated to take any part in the negotiations or proceedings connected with the giving or granting of such grant, privilege or franchise, but all such negotiations and proceedings and acts as would otherwise be conducted by such officer or employe shall be conducted and done on behalf of the City of Portland by such officer and employe as would have done and conducted the same in the absence of such interested officer and employe. If any officer or person, in this section designated shall violate the provisions of this section he shall forfeit his office and all such contracts, grants, privileges and franchises in the hands of others than a purchaser without notice for value shall be void. [Ch. 1903, §135.] § 92, BOOKS AND RECORDS INSPECTION; CERTIFIED COPIES: All books and records of every office and department shall Ibe open to the in- spection of any citizen’at any time during business hours. Certified copies or extracts from said books and records shall be given by the officer having the same in custody to any person demanding the same, and paying or tendering ten cents a folio of one hundred words for such copies or extracts; but the record of the Police Department shall not be subject to such inspection unless permission be given by the Executive Board.* -[Ch., 1908, §187.] * See §§16-17. § 93. APPOINTMENTS—HOW MADE AND FILED: All appointments of officers, deputies and clerks to be made under any; provision of this Charter must be made in writing and in duplicate, authenticated by the person or persons, board or officer making the same. One of such duplicates must be filed with the Secretary of the Civil Service Board and the other with the Auditor. [Ch. 19038, §138.] § 94. SALARIES TO BE FULL COMPENSATION: The salaries provided in this Charter shall be in full compensation for all services rendered, and excepting: such salaries, every officer shall pay all moneys coming into his hands as such officer, no matter from what source derived or received, into the treasury of the City within twenty-four hours after receipt of the same. [Ch. 1903, §139.] § 95. OFFICERS FORBIDDEN TO FAVOR BIDDERS ON CONTRACTS: Any officer of the City, or of any department thereof, who shall aid or assist a bidder in securing a‘ contract to furnish labor, material or supplies, at a higher price or rate than that proposed by any other bidder, or who shall favor one bidder over another, by giving or withholding information, or. who shall wilfully mislead any bidder in regard to the character of the material or supplies called for, or who shall knowingly accept materials or supplies of a quality inferior to that called for by the contract, or who shall knowingly certify to a greater amount of labor performed than has been actually performed, or to the receipt of a greater amount or different kinds of material or supplies than has been actually received, shall be deemed guilty of mal- feasance and shall be removed from office. [Ch. 19038, §140.] § 96. OFFICERS TO DEVOTE ENTIRE TIME TO CITY BUSINESS: All officers and employes receiving pay from this City shall devote their entire time during business hours to the interest of the City, except when excused as in this Charter provided. [Ch. 1903, §142 Am. May 8, 1913, §94.] CHAPTER IV. Civil Service. § 97. RULES—TO WHOM APPLIED—EXCEPTIONS. § 98. CIVIL SERVICE BOARD—APPOINTMENT—QUALIFICATIONS. § 99. -SECRETARY—APPOINTMENT—DUTIES. § 100. BOARD TO CLASSIFY SERVICE. | § 101. BOARD TO MAKE AND PUBLISH RULES AND KEEP RECORDS. § 102. EXAMINATIONS. § 103. RECORD OF POSITIONS AND APPLICANTS. § 104. VACANCIES—HOW FILLED—REAPPOINTMENT OF EMPLOYES. § 105. TEMPORARY APPOINTMENTS. § 106. RESTRICTIONS ON APPOINTMENTS. § 107. PROMOTIONS. § 108. REMOVALS—INVESTIGATIONS. § 109. SUSPENSIONS—REDUCTION OF FORCE. § 110. HOLD-OVER EMPLOYES. § 110%. REINSTATEMENT OF EMPLOYES. § 111. ANNUAL REPORT. § 112. COUNCIL TO PROVIDE OFFICES. § 113. ROSTER OF EMPLOYES—GENERAL PROVISIONS. [ 43 ] § 114. INVESTIGATIONS. § 115. MISDEMEANORS OF COMMISSIONERS. § 116. POLITICAL ASSESSMENTS PROHIBITED. § 117. BRIBERY—“PUBLIC OFFICER,” “PUBLIC EMPLOYE” DEFINED. § 118. RECOMMENDATIONS OF APPLICANTS. § 119. POLITICAL SERVICES DISREGARDED. § 120. VIOLATION OF CIVIL SERVICE PROVISIONS A MISDEMEANOR. § 121. PENALTY FOR MISDEMEANOR. § 122. CITIZENS GIVEN PREFERENCE—MINIMUM WAGE. § 122a. TWO PLATOON. § 97. RULES—TO WHOM APPLIED—EXCEPTIONS: All appointments to and promotions in the subordinate administrative service of the City shall be made solely according to fitness, which shall be ascertained by open competitive examination, and merit and fidelity in service, as provided for in this Article. The provisions of this article shall apply to the incumbents of all offices, places and employments in the public service of the City except the following: All officers chosen by popular election or by appointment by the Council, the members of all boards and commissions, the judges and clerks of elections, the deputies of the City Attorney, the chief deputy of the City Treasurer, the City Engineer, the Chief of Police Department, the Superintendent and the Chief Engineer of the Water Depart- ment and the Secretary of the Civil Service Board, the Mayor’s Secretary, the members of the Health Department and the Librarian. [Ch. 1908, §306.] § 98. CIVIL SERVICE BOARD—APPOINTMENT—QUALIFICATIONS. The Civil Service Board shall consist of three Commissioners. Within 30 days after the taking effect of this Charter, the Mayor shall appoint, as such Commissioners, three persons, known to him to be devoted to the principles of Civil Service Reform, one of whom shall serve for two years, one for four years and one for six years; and between the first and tenth days of July in 1905 and each second year therafter, the Mayor shall, in like manner, appoint one person, as the successor of the Commissioner whose term of office expires in that year, to serve as such Commissioner for six years. The Mayor may remove any Commissioner at any time. In the event of any such re- moval, the Mayor shall, within five days thereafter, transmit to the Council a written report thereof and of his reasons therefor, and the Council shall forthwith appoint an- other person to fill the vacancy. Vacancies arising from any other cause shall be filled by appointment by the Mayor. All appointments to fill vacancies shall be for the un- expired term. No person shall be appointed as a Commissioner unless he shall have been a resident of the City three years: immediately preceding his appointment. The Commissioners shall receive no salary or compensation for their services. [Ch. 1908, §307.] § 99. SECRETARY—APPOINTMENT—DUTIES: The Board shall appoint a secretary, who shall keep records of its proceedings, preserve all reports made to it, superintend and keep a record of all examinations held under its direction, and perform such other duties as it may prescribe. Such secretary shall hold office during the pleasure of the Board. His salary shall be fixed by the Council, and shall be not less than $100.00 per month. At the request of the Board, the Council shall, if practicable, devolve the duties of such secretary upon the Auditor, who shall receive no extra or additional compensation for his services as such seretary. [Ch. 1903, §308; Am. May 38, 1913, §308.] § 100. BOARD TO CLASSIFY SERVICE. The Board shall classify, with reference to the examinations hereinafter provided for, all the offices, places and employments in the public service of the City to which the provisions of this Article are applicable. Such classification shall be based upon [ 44 ] the respective functions of said offices, places and employments, and the compensation attached thereto, and shall be arranged so as to permit the grading of offices, places and employments of like character in groups and subdivisions. The offices places and employments so classified shall constitute the classified Civil Service of the City; and after the taking effect of this Charter, no appointment or promotion to any such office, place or position shall be made except in the manner provided in this Article. [Ch. 1903, §309.] § 101. BOARD TO MAKE AND PUBLISH RULES AND KEEP RECORDS: The Board shall make rules to carry out the purposes and provisions of this Article, which rules shall provide, in detail, the manner in which examinations shall be held, and appointments, promotions and removals made in pursuance thereof; and the Board may, from time to time, change its rules. Such rules, and all changes therein, shall be forthwith printed for distribution by the Board, and the Board shall, not less than ten days before the same go into effect, give notice, by publication in the City Official Newspaper, of the place where printed copies of said rules, or changes therein, may be obtained. The Board shall keep on file all examination papers and the markings thereof, and all other papers, documents and communications received by them; and all records and files of the Board shall be public and accessible at convenient times, as other public records and documents; but examination papers and markings need not be preserved more than five years. [Ch. 1903, §310.] § 102. EXAMINATIONS: The Board shall, from time to time, hold public competitive examinations to ascer- tain the fitness of applicants for all offices, places and employments in the classified civil service. Said examinations shall be confined to citizens of the United States who can read and write the English language, and shall be open to all such citizens who possess such qualifications as to residence, age, health, habits and moral character as may, by rule, be prescribed by the Board. Notice of the time, place and general scope of every examination shall be given by the Board by publication in the City Official Newspaper once each week for two successive weeks and by posting such notice in a conspicuous place in the office of the Board not less than two weeks preceding the examination. Such examinations shall be practical in their character, and’ shall relate only to those matters which may fairly test the relative fitness of the persons examined to discharge the duties of the positions for which they are applicants, and shall include, when appropriate, tests of health and physical qualifications and of manual, clerical or professional skill. No question in any examination shall relate to political or re- ligious opinions, affiliations or services. The Board shall control all examinations and shall designate the persons who shall act as examiners at any examination. When a person in the official service of the city is designated by the Board, he shall, without being entitled to extra compensation therefor, act as such examiner. Any Commis- sioner may act as an examiner. No examiner shall receive any compensation for his services as such. [Ch. 19038, §311.] § 108. RECORD OF POSITIONS AND APPLICANTS: ; The Board shall prepare and keep a register for each grade or class of positions in the classified civil service of the persons whose general average standing upon examina- tion for such grade or class is not less than the minimum fixed by the rules of the Board, and who are otherwise eligible. Such persons shall take rank upon such register as candidates in the order of their relative excellence, as determined by ex- amination, without reference to priority of time of examination. Candidates of equal standing shall take rank upon the register according to the order in which their applications were filed. The Board may, by rule, provide for striking candidates from the register after they have remained thereon for a [ 45 ] specified time, and may limit the number of times the same candidate shall be certified to the appointing authority. [Ch. 19038, §312.] § 104. VACANCIES, HOW FILLED; REAPPOINTMENT OF EMPLOYES: Whenever there shall be a vacancy in any position in the classified civil service, the appointing authority shall immediately notify the Board thereof. The Board shall thereupon certify to such, appointing authority the names and addresses of the three eligible candidates standing highest upon the register for the class or grade to which such position belongs, but, if there be less than three, the Board shall so certify all such candidates upon the register. When vacancies exist in two or more positions of the same class in the same department at the same time, the Board may certify a less number than three candidates for each position, but those certified must be the eligible, candidates standing highest upon the register. The appointing authority may require the candidates so certified to come before him, and shall be entitled to inspect their examination papers. The appointing authority shall appoint to each vacant position, on probation for a period to’ be fixed by the rules, one of the candidates so certified. Within such period, the appointing authority may discharge such probationer, and, in like manner, appoint another of such candidates, and so continue until all said candi- dates have been so appointed; but the appointing authority must make permanent ap- pointment from said list of candidates unless, upon reasons assigned in writing by the appointing authority, the Board consents to and does certify a new list of candidates. If any probationer is not discharged within the period of probation, his appointment shall be deemed permanent. Any person who has been employed in any one department of the public service of the city for the six years immediately preceding the taking effect of this Charter, shall, upon making satisfactory proof of such employment to the Board, within thirty days after its appointment, provided the position which he occupies at the time this Charter goes into effect is included in the classified civil service, be certified by the Board to the appointing authority for that position as entitled to appointment, and such appointing authority shall forthwith appoint said person to such position. The appointing authority shall immediately notify the Com- mission of any appointment or discharge. [Ch. 1903, §313.] § 105. TEMPORARY APPOINTMENTS: In the absence and pending the preparation of an appropriate eligible list from which appointments can be made, or in extraordinary emergencies to prevent delay or injury tothe public business, any office, place or employment in the classified civil service may be filled temporarily by the appointing authority, but not for longer than thirty days. [Ch. 1903, §314.] § 106. RESTRICTIONS ON'APPOINTMENTS: No person shall be appointed or employed under any title not appropriate to the duties to be performed, and no person shall, without examination, be transferred to or assigned to perform the duties of any position in the classified civil service unless he shall have been appointed to the position from which such transfer is made as the result of an open competitive examination equivalent to that required: for the position to which the transfer is made, or unless he shall have served with fidelity for at least six years in a like position in the service of the city. No person habitually using intoxicating beverages to excess shall be appointed to or retained in any office, place or employment in the classified civil service. [Ch. 1908, §815.]. ; § 107. PROMOTIONS: The Board shall, by its rules, provide for promotions in the classified service, on the basis of ascertained merit and seniority in service, and standing upon examination, [ 46 ] and shall provide that in all cases where practicable, vacancies shall be filled by promo- tion. All examinations for promotions shall be competitive among such members of the lower ranks established by the Board for each department as desire to submit themselves to such examination; and the Board shall submit to the appointing authority the names of not more than three applicants, having the highest rating, for each promo- tion; and the promotion shall thereupon be made as in case of original appointments. The method of examining and the rules governing the same and the method of certify- ing shall be the same, as! near as may be, as provided for applicants for original ap- pointment. But the Board may by its rules prescribe the weight to be given to the recommendation of the head of the department in which the candidate for promotion has served; and where record of fidelity and efficiency of employes is regularly kept jn good faith in any department the Board shall give the same at least equal value with the record on examination for promotion. [Ch. 1903, §316.] § 108. REMOVALS—INVESTIGATIONS: \ No employe in the classified civil service who shall have been permanently appointed under the provisions of this article shall be removed or discharged except for cause, a written statement of which, in general terms, shall be served 'upon him and a dupli- cate filed with the Board. Such removal or discharge may be made without any trial or hearing. Any employe so removed may within ten days from his removal file with the Board a written demand for investigation. If such demand shall allege, or if it shall otherwise appear to the Board that the discharge or removal was for political or religious reasons, or was not in good faith, for the purpose of improving the public service the matter shall forthwith be investigated by or before the Board, or by or before some officer or board appointed by the Board to conduct such investigatin. The in- vestigation shall be confined to the determination of the question of whether such re- moval or discharge was or was not for political or religious reasons, or was or was not made in good faith for the purpose of improving the public service. The burden of proof shall be upon the discharged employe. On such grounds the Board may find that the employe so removed is entitled to reinstatement upon such conditions or terms as may be imposed, by the Board, or may affirm his removal. The findings of the Board, or such officer or Board, when approved by the Board, shall be certified to the appointing officer and shall be forthwith enforced by such officer. [Ch. 1908, part §317; Am. June 7, 1909, part of §317; Am. May 3, 1913, part of §317.] *See §222.] § 109. SUSPENSIONS—REDUCTION OF FORCE: Any appointing authority may suspend a subordinate for a reasonable period not exceeding thirty days, but such suspension if occuring more than once a year shall be deemed a removal and subject to investigation in like manner. But, if at any time the Council or other city authority shall abolish any office or, employment, or reduce the number of employes, discharges shall be made in the inverse order of appoint- ment, and if such offices or places shall again be created or reinstated the employes so removed, (except as to emergency employes), shall have preference for reappointment in the order of their original appointment. [Amendment of June 7, 1915.] § 110. HOLD-OVER EMPLOYES: The present incumbents of all offices, places, and employments under the civil service rules sall continue to hold their respective places, subject to the provisions of this Atricle. [Ch. 1908, §8317; Am. June 7, 1909, part of §317; Am. May 3, 1913, part of §317.] § 110%. REINSTATEMENT OF EMPLOYES: Each act of the Civil Service Board, subsequent to July 1, 1913, in reinstating to his civil service standing any officer or employe who had resigned from or otherwise [ 47 ] relinquished a position to which he had been regularly and permanently appointed under the civil service laws of this Charter, is hereby ratified and confirmed. [Amendment of November 2, 1920.] § 111. ANNUAL REPORT: The Board shall, on or before the first day of January of each year, make to the Mayor for transmission to the Council a report showing its own actions, the rules in force, the practical effect thereof, and any suggestions it may approve for the more effectual accomplishment of the purposes of this article. The Mayor may require a report from the Board at any reasonable time. [Ch. 1903, part of §317; Am. June 7, 1909, part of §317; Am. May 3, 1913, part of§317.] § 112. COUNCIL TO PROVIDE OFFICES: _ The Council shall furnish the Board with suitable offices, office furniture, books, stationery, blanks, heat and light and shall provide for the payment of such other ex- penses as may necessarily be incurred in carrying out the provisions of this Article. [Ch.1903, §318.] § 1138. ROSTER OF EMPLOYES; GENERAL PROVISIONS: It shall be the duty of said Civil Service Board to prepare, continue, and keep in their office a complete roster of all persons in the classified Civil Service of the City. This roster shall be open for inspection at all reasonable hours. It shall show in refer- ence to each of said persons his name, the date of appointment to or employment in such service, his compensation, the title of the place or office he holds, the nature of the duties thereof and the date of any termination of such service. It shall be the duty of all officers and employes of the City to give to the Board all the information which may be reasonably requested, or which the regulations established by the Board may require, in aid of the preparation or continuance of said roster, and, so far as practicable, it shall indicate whether any and what persons are holding any and what offices or places aforesaid in violation of this Article or of any regulations made thereunder. Said Civil Service Board shall have access to all public records and papers, the examination of which will aid in the discharge of their duties in connection with said roster. It shall be the duty of said Board to certify to the Auditor the name of each person appointed or employed in the classified Civil Service stating in each case the title or character of the office or employment, the date of commencement of service by virtue thereof, and the salary or other compensation paid, and, also, as far as practicable, the name of each person employed in violation of this act or of the regulations established thereunder, and to certify to the said Auditor in like manner every change occurring in any office or employment of the classified civil service forthwith on the occurrence of the change. No officer or employe of the city shall draw, sign, countersign, or issue any warrant or order for the payment of, or pay any salary or compensation to any person in the classified civil service who is not certified by the Board to the Auditor as having been appointed or employed in pursuance of this Article and of the regulations in force thereunder. Any person entitled to be certified as aforesaid may maintain a proceeding by mandamus to compel the issuance of such certificate. Any sums paid contrary to the provisions of this section may be recovered in an action in the name of the City from any officer or employe of the city paying the same, or from any officer signing, countersigning, drawing or issuing or authorizing the drawing, signing, countersigning or issuing of any warrant or order for the payment thereof, and from the sureties on his official bond. All money recovered in any such action must, when collected, after paying all the expenses of such action, be paid into the City Treasury. [Ch. 1908, §319.] § 114. INVESTIGATIONS: The@ said Commissioners may make investigations concerning the facts in respect to the execution of the provisions of this Article, and of the regulations established [ 48 ] under its authority. In the course of any investigation made by the Board under the provisions of this Article each Commissioner and the secretary shall have the power to administer oaths. Said Board shall have the power, for the purpose of this Article, to examine into books and records, compel the production of books, papers, records or documents, subpoena witnesses, and compel their attendance and examination, as though such subpoena had issued from a court of record of this state; and all officers and employes of the City shall afford the said Board all reasonable facilities in conducting any investigations authorized by this Article, and give inspection to said Board of all books, papers and documents belonging or in any wise appertaining to any offices or departments of the City; and, also, shall produce said books and papers, and shall attend and testify when required to do so by said Commissioners without receiving any extra or special compensation therefor. Wilful false swearing in such investigations and examinations shall be perjury and punishable as such. [Ch. 19038, §320.] § 115. MISDEMEANORS OF COMMISSIONERS: Any Commissioner, examiner, or any other person who shall wilfully or corruptly, by himself or in co-operation with one or more persons, defeat, deceive or obstruct any person in respect to his or her right to examination or registration according to the regulations prescribed pursuant to the provisions of this Article, or who shall, wilfully or corruptly, falsely mark, grade, estimate or report upon the examination or proper standing of any person examined, registered or certified according to any regulation prescribed pursuant to the provisions of this Article, or aid in so doing -or shall wilfully or corruptly make any false representations concerning the same, or concerning the persons examined registered or certified, or who shall wilfully or cor- ruptly furnish to any person any special or secret information for the purpose either of improving or injuring the prospects or chances of any person so examined, reg- istered or certified, or to be examined, registered, or certified, or who shall |personate any other person, or permit or aid in any manner any other person to personate’ him, in connection with any examination or registration or application, or request to be examined or registered, shall for each offense be deemed guilty of a misdemeanor. [Ch. 1903, §321.] § 116. POLITICAL ASSESSMENTS PROHIBITED: No person in the National public service or the public service of the State or any civil division thereof, including counties, cities, towns, shall directly or in- directly use his authority or official influence to compel or induce any person in the public service of the City to pay or to promise to pay any political assessment, sub- scription or contribution. Every person who may have charge or control in any building, office or room, occupied for any ‘purpose of said public service of the City is hereby authorized to prohibit the entry of any person into the same for the purpose of therein making, collecting, receiving or giving notice of any political as- sessment, subscription or contribution, and no person shall enter or remain in any said office, building or room, or send or direct any letter or other writing thereto for the purpose of giving notice of, demanding or collecting, nor shall any person therein give notice of, demand, collect or receive any such assessment, subscription or contribution; and no person shall prepare or make out, or take part in the prepar- ing or making out of any political assessment, subscription or contribution with the intent that the same shall be sent or presented to or collected from any person in the public service of the City, and no person shall knowingly send or present any political assessment, subscription or contribution to or request its payment by any person in said public service. Any person who shall be guilty of violating any provision of this section shall be deemed guilty of a misdemeanor. [Ch. 1903, §322.] [ 49 ] § 117. BRIBERY—“PUBLIC OFFICER,” “PUBLIC EMPLOYE” DEFINED: Whoever, being a public officer or being in nomination for, or while seeking a nomination or appointment for, any public office, shall use, or promise to use, whether directly or indirectly, any official authority or influence (whether then pos- sessed or merely anticipated) in the way of conferring upon any person, or in order to secure or aid any person to secure any office or appointment in the public service, or any nomination, confirmation or promotion, or increase of salary on consideration that the vote, political influence or action of the last-named person or any other shall be given or used in behalf of any candidate, officer or political party or as- sociation, or upon any other corrupt condition or consideration, shall be deemed guilty of bribery or an attempt at bribery. And whoever, being a public officer or employe, or having or claiming to have any authority or influence for or affecting the nomination, public employment, confirmation, promotion, removal or increase or decrease of salary of any public officer or employe, shall corruptly use, or promise or threaten to use, any such authority or influence, directly or indirectly, in order to coerce or persuade the political vote or action of any citizen, or the removal, dis- charge or promotion of any public officer or public employe, or upon any corrupt consideration, shall also be guilty of bribery, or an attempt of bribery. And every person found guilty of such bribery, or an attempt to commit the same, as afore- said, shall, upon conviction thereof, be liable to be punished by a fine of not less than fifty dollars or more than one thousand dollars, or to be imprisoned not less than ten days or more than two years, or to both said fine and said imprisonment, in the discretion of the court. If the person convicted be a public officer he shall, in addition to any other punishment imposed, be deprived of his office and be ineligible to any public office or employment for ten years thereafter. The phrase “public officer” shall be held to include all public officials within this city, whether paid directly or indirectly from the public treasury of the state or of the United States, or from that of any civil division thereof, including counties, cities, and towns and whether by fees or otherwise; and the phrase “public employes” shall be held to include every person not being an officer who is paid from any said treasury. [Ch. 1908, §323.] § 118. RECOMMENDATIONS OF APPLICANTS: No recommendation in favor of any person who shall apply for office or place, or for examination or registration under the provisions of this Article or the regula- tions established under the authority thereof, except as to residence and as to character, and in the case of former employes as to abilities, when said recommendation as to character and abilities is specifically required by said regulations, shall be given to or considered by any person concerned in making any examination, registration, appointment or promotion under this Article or under the regulations established under the authority thereof. No recommendation under the authority of this Article shall relate to the religious or political opinions or affiliations of any person whom- soever. [Ch. 1908, $324.] § 119. POLITICAL SERVICES DISREGARDED: No person in the service of the City is for that reason under any obligation to contribute to any political fund or to render any political service, and no person shall be removed, reduced in grade or salary, or otherwise prejudiced for refusing to do so. No person in the service of the City shall discharge or promote, or degrade, or in any manner change the official rank or compensation of any other person in said service, or promise or threaten to do so for giving, or withholding or neglecting to make any contribution of money or service or any other valuable thing for any political purpose. No person in said service shall use his official authority or influence to coerce the political action of any person or body, or to [ 50 | affect or to interfere with any nomination, appointment or election to public office. [Ch. 1908, §325.] § 120. VIOLATION OF CIVIL SERVICE PROVISIONS A MISDEMEANOR: Whoever makes appointment to office in the public service of the City or selects a person for employment therein contrary to the provisions of this Article or of any regulation duly established under the authority thereof, or wilfully refuses or neg- lects otherwise to comply therewith, or conform to, the provisions of this Article, or violates any of such provisions, shall be guilty of a misdemeanor. [Ch. 1908, §326.] § 121. PENALTY FOR MISDEMEANOR: Misdemeanors under the provisions of this Article shall be punishable by a fine of not less than twenty-five dollars nor more than five hundred dollars, or by im- prisonment in the county jail for not longer than one year, or by both such fine and imprisonment. The Circuit Court of the State of Oregon shall have jurisdiction of offenses defined in this Article. [Ch. 1908, §327.] § 122. CITIZENS GIVEN PREFERENCE—MINIMUM WAGE: In the employment of mechanics and unskilled laborers preference shall in all cases be given to those who are citizens of the United States or those who have declared their intention to become such and who have resided within the City for one year next before entering into the City’s employment. Fight hours shall ron- stitute a day’s work for all laborers, workmen and mechanics who may be em- ployed by the City, and the minimum wage to unskilled laborers employed- by the City shall be $2.00 per day. [Am. May 3, 1918, §106.] § 122a. TWO PLATOONS: The Bureau of Fire of the City of Portland shall be so organized that the mem- bers thereof shall be divided into two substantially equal platoons. Not more than fourteen hourse service on the night platoon nor more than ten hours on the day platoon shall be required for a day’s work for any member thereof, except when the platoons change from day to night service or when working at a fire. The platoon on the night shift shall report for duty at six o’clock in the evening. Each platoon shall have equal periods of service on the day and night shift and they shall be changed from day to night service at least four times each month; provided, however, that the foregoing provisions of this act shall not apply to the Chief Engineer or Assistant Chief Engineer, or to any Battalion Chief of the Bureau of Fire, or to the member of said bureau who discharges the duties of the office of Fire Marshal of said City or to any employe of the Fire Alarm Telegraph System of the Bureau of Fire or to any mechanic employed in said Bureau, unless hereafter otherwise provided by the Council of the City of Portland, and provided further, that the hours of service of the masters, pilots, engineers and stokers assigned to the fireboats of the City of Portland shall be fixed by the Council of the City of Portland subject to the marine laws of the Federal Government. Every member of the Bureau of Fire shall be subject to duty call at all hours of the day or night when there is grave or unusual danger of conflagration. Liberal provisions shall be made at the fire stations for preserving the health, wellbeing and efficiency of the members. House patrol shall be equally divided and not more than one member of each company shall be assigned to such duty at each time. [Amendment of November 5, 1918.] [51 ] CHAPTER 5 Elections § 123. MUNICIPAL ELECTIONS. § 124. MANNER OF NOMINATION OF OFFICERS. § 125. PUBLICATION OF ELECTION NOTICE. § 126. INFORMALITIES DISREGARDED. § 127. STATE LAWS APPLICABLE. § 128. ACT OF 1899 TO GOVERN ELECTIONS—REGISTRATION OF VOTERS. § 129. PREFERENTIAL SYSTEM OF VOTING. § 130. FORM OF BALLOTS. § 131. SAMPLE BALLOTS. § 182. CANVASS OF RETURNS AND DETERMINATION OF RESULTS OF ELECTIONS. § 183. EXPENSE OF REGISTRATION PAID BY CITY. § 134. DATES OF ELECTION. § 135. NOTICE OF ELECTION TO BE PUBLISHED. § 136. COUNCIL TO CHOOSE JUDGES AND CLERKS. § 137. QUALIFICATIONS OF VOTERS. § 138. CANVASS OF ELECTION RETURNS. § 139. STATEMENT OF CANVASS TO BE FILED. § 140. CERTIFICATE OF ELECTION. § 141. CERTIFICATE OF ELECTION—PRIMARY EVIDENCE. § 142. CONTESTED ELECTIONS. § 143. PRESENT INCUMBENTS HOLD OVER. § 123. MUNICIPAL ELECTIONS: A municipal election shall be held on the first Monday in June, 1913, and on the first Monday in June on each second year thereafter, which shall be known as the general municipal election. All others shall be known as special municipal elec- tions. The first general municipal election under this Charter shall be held on the first Monday in June, 1913, for the purpose of electing a Mayor, four Commissioners and an Auditor. The Mayor and the two Commissioners who receive the highest votes shall hold office until the first day of July, 1917, and the Auditor and the other two Commissioners shall hold office until the first day of July, 1915. Thereafter every such officer shall hold office for the full term of four years. Such elected officers shall assume office the first day of July after the election. [Am. May 38, 19138, §41.] § 124. MANNER OF NOMINATION OF OFFICERS: The manner of nomination of all elective officers shall be by petition. (a) Nomination Petition. Certificates: The petition for the nomination of each candidate shall consist of not less than 100 individual certificates. Each cer- tificate shall be of uniform size, to be determined by the auditor, shall be signed and verified by one registered voter, and shall contain the name of only one candidate. If a legal voter sign more certificates than there are offices to be filled, all those exceeding such number shall be rejected when presented for filing. (b) Form of Certificates: The form of the certificate shall be substantially as follows: INDIVIDUAL NOMINATION CERTIFICATES STATE OF OREGON, ) County of Multnomah, )ss. City of Portland. ) [52] tT GC LSn RRL etwiiaenaeues 40 8) el6ue 6) 40.9 6.8) £6. 0. 0).6) 6.86.8) 8) Coe SES es 6.6 'e le. 8.0 C 8O) & PAS) OO 0 8 8 S 9! Are. o.° Es eT OR Ine NTP esas re) cay a lace oth wa ace, 0.6 shes 0 edhe a 8 otel ashe oxela’'s 40 street, Ome nt S1Ori the OffiCG) Of cee cee ees oo ae fhe a ee we ce geese eee es esssesbwsceeneens to be voted for at the municipal election to be held in the City of Portland, on the 1G es ae oe AEN Pie he gL Gey OE RAR ON er ra eas EV And I make oath and say that I am qualified to vote for a candidate for said office, and am not at this time a signer of more certificates nominating candidates for city elective offices than there are offices to be filled; that my residence is at No. BR ES wavs a's ae (08 0 street, Portland, and that my occupation is..............4. CEC AUN 9 Besse Sa aya Eee em ey toy le WR LCA cp eta eeNI NEO LATOR WOLTTALOMDCLOLG AMG COIS. ca. cise oe cielo chops oi © oe aos pie nie. tlecie wis se i (hes 00 SS ee eee ~ A.D. 19 Gael. 6. 6%. 6 Ole 6) Sete O87 Ce 6 og 8 O18 oe C8. 6.6) CUS ce 68S 6 8 56)6 8, OCS Notary Public for Oregon. The petition for nomination of which this certificate forms a part, if found MDs Cem ea fora tic ieelc 6 hele es sae o's street, Portland, Oregon. (c) Filing Petitions: The petition, consisting of at least 100 sufficient certifi- cates, shall be presented to the Auditor for filing not earlier than forty and not later than twenty days before the election. The Auditor shall endorse thereon the day and hour of its presentation and by whom presented. If the petition be sufficient, he shall file the same at once. . (d) Amendment of Petition: If, upon examination by the Auditor, the petition be found not to conform to the provisions of this article, he shall state immediately in writing on said petition why it cannot be filed. He shall then, within three days, return the defective petition, personally or by mail, to the person designated for that purpose. Within five days of its return by the Auditor the petition may be amended and again presented for filing. The procedure in the case of an amended petition shall be the same as in the case of an original petition. In no case shall any petition be received or considered after twenty days preceding an election. (e) Nominee’s Acceptance: The acceptance of any person nominated under this article shall be filed with the petition with the Auditor, and in the absence of such acceptance the petition shall not be filed. Such acceptance shall be substantially in the following form: STATE OF OREGON, ) County of Multnomah, )ss. City of Portland. ) ee EN ths c org t SEs cael e. «fai ssede, 66m ¢ oie also si sain a #0) kus apnlelo)sveie lege , of eae cise ho sha Gag Oe! weds SLECOU Me eae har tictas elias aud wite eave arehiis felted kone ten eat ape Aoaereuve accept DOMINATION TOT >the OfliCe Oso. ..%.- 5 cue ols oes tes Beebe Ue tbs want me mse if elected I will qualify. CPL NG ie ee te esac as oro. ah en eltenetdims ches atts som Page cat Brum rieCmaAn evOri CPG iT WG" COAG iets a s.5.6 0 ici vic sc Wales 4 cine abeinth ede wale mies FISKE Th foes 2 Gon RR SND we Ohara here kann nr er Hed Waa 9 Fg 8! ©. WYO 6 6.10 @ 6 © e110) 6 S BS IN fele 9) O.e, 6.6. 050.8 6 © 6.6.0 @ of & 4 2 6 6.6 6 06 -€ 6 6 Oe Notary Public for Oregon. (f) The validity or legality of an election shall not be in any way affected by any defect or irregularity in any nominating petition. (g) Forms Supplied by the Auditor: It shall be the duty of the Auditor, upon application, to furnish a reasonable number of printed forms of such individual cer- tificates, and of acceptances of nomination. (h) Preservation of Nomination Petitions: The Auditor shall preserve in his [ 53 J office for a period of four years, and during the pendency of litigation relating to the election, all papers relative to nomination. [Am. May 8, 1913, §42.] § 125. PUBLICATION OF ELECTION NOTICE: Publication of Lists of Candidates: The Auditor on or before the fifteenth day before every election, shall prepare and file in his office a certificate containing a complete list of the offices to be filled, stating whether for a full or an unexpired term, and the candidates for each office who are entitled to have their names appear upon the ballot. The Auditor shall cause to be published in all succeeding issues of the City Official Newspaper before the day of election, an election notice, which shall contain a copy of a certificate above described, and also the time of holding such elec- tion, and the place in each precinct designated for holding the same. A copy of such notice shall be posted at all polling places seven days before the day of election. Failure to post notices shall not invalidate the election, nor shall failure to publish notice invalidate any general municipal election. [Am. May 3, 1913, §43.] § 126. INFORMALITIES DISREGARDED: Informalities in Election: No informalities in conducting municipal elections shall invalidate the same, if they be conducted fairly and in substantial conformity with the ‘requirements of this Charter. [Am. May 8, 1913, §44.] § 127. STATE LAWS APPLICABLE. General Election Regulations: The provisions of any state law, in force at the time of any election, relating to the qualifications and registrations of electors, the manner of voting, the duties of election officers, the canvassing of returns, and all other provisions with respect to the management of elections, where applicable, shall apply to all municipal elections, except in so far as the same are in conflict with the provisions of this Charter. Powers conferred and duties imposed by such laws upon state and county officers are hereby conferred and imposed upon the corres- ponding city officers. [Am. May 8, 1918, §45.] § 128. ACT OF 1899 TO GOVERN ELECTIONS—REGISTRATION OF VOTERS: The provisions of an act entitled “An act to provide for the registration of electors, regulating the manner of conducting elections, providing for the preven- tion of and punishment for frauds affecting the suffrage and to prevent illegal voting,” approved February 17, 1899, shall apply to elections held under this Charter, except as herein otherwise provided. No person who has registered for the pre- ceding county election and has not changed his residence need register again for a city election. The County Clerk shall keep open the registration books, lists, etc., for a period of thirty days immediately before the 15th day of April next preceding the city election and during such time shall register all persons who since the regis- tration books were last closed have become eligible to vote at such elections, or who, being entitled to vote, have failed to register, and shall enter changes of residences occurring since the last registration of all persons who shall apply therefor. Such clerk shall send to the several precincts the precinct register thus corrected, as pro- vided by said act, and the same shall be used by the judges and clerks at such election as provided in said act. [Ch. 1903, §23.] § 129. PREFERENTIAL SYSTEM OF VOTING: Ballots, Preparation and Form: The Auditor shall cause ballots for general and special elections to be prepared, printed and authenticated. The ballots shall contain [54] a complete list of the offices to be filled and the names of the candidates nominated therefor. When the number of candidates is more than three times the number of offices to be filled, each voter shall have the right to vote for as many first choice candidates as there are offices to be filled, and as many second choice candidates as there are offices to be filled, and as many third choice candidates as there are offices to be filled. The form of the ballot shall be substantially as follows: GENERAL (OR SPECIAL) MUNICIPAL ELECTION, CITY OF PORTLAND (Inserting date thereof) INSTRUCTIONS: To vote for any person mark a cross (X) in a square to the right of the name. VOTE FIRST CHOICE FOR (here insert number of offices to be filled). VOTE SECOND CHOICE FOR (here insert number of offices to be filled). VOTE FOR THIRD CHOICE FOR (here insert number of offices to be filled). VOTE YOUR FIRST CHOICES IN THE FIRST COLUMN. VOTE YOUR SECOND CHOICES IN THE SECOND COLUMN. VOTE YOUR THIRD CHOICES IN THE THIRD COLUMN. DO NOT VOTE MORE THAN ONE CHOICE FOR ANY ONE CANDIDATE. All distinguishing marks make the ballot void. If you wrongly mark, tear or deface the ballot, return it and obtain another from the election officers. (Here state officers to be elected, as Mayor and two Commissioners, or Auditor and two Commissioners.) If any voter shall vote more than one choice for any one candidate the vote highest in grade shall be counted and others rejected. First Second Third Mayor Choice Choice Choice Names of Candidates First Second Third Auditor Choice Choice Choice Names of Candidates First Second Third Commissioners Choice Choice Choice Names of Candidates (Charter amendments, ordinances, or other referendum matters to be voted upon to appear here) When the number of candidates is more than ‘twice the number of offices to be filled, and not more than three times the number of offices to be filled, the ballot shall give first and second choice columns only; and in such case the voter shall have no third choice; and the instructions on the ballot shall be modified accordingly. When the number of candidates is not more than twice the number of offices to be filled only one column for marking shall appear; and in such case the voter shall have no second choice; and the instructions on the ballot shall be modified peordinely, [Am. May 8, 1913, $46.] § 130. FORM OF BALLOTS: Requirements of Ballots: All official ballots used at any election shall be iden- tical in form. Space shall be provided on the ballot for Charter amendments or other questions to be voted upon at municipal elections. The names of the candidates for each office shall be arranged on the ballot in the order in which the nominating petitions were filed; nothing on the ballot shall be indicative of the source of the candidacy, or of the support of any candidate. No ballot shall have printed thereon any party or political designation or mark and there shall not be appended to the name of any candidate any party or political designation or mark (but words not ex- ' 55 J ceeding twelve indicating his views on strictly municipal questions or issues may be). [Am. May 38, 1918, §47.] § 131. SAMPLE BALLOTS: Sample Ballots: The Auditor, at least ten days before the election shall cause to be printed not less than 5000 sample ballots upon paper of different color but otherwise identical, except in numbering, with the ballot, to be used at the election, and shall distribute the same to registered voters at his office and cause a copy thereof in convenient form to be published in one or more daily papers of general circulation. Sample ballots shall be posted at the polls on election day. [Am. May 8, 1913, §48.] § 132. CANVASS OF RETURNS AND DETERMINATION OF RESULTS OF ELECTIONS: (a) As soon as the polls are closed the precinct election officers shall open the ballot boxes, take therefrom and count the ballots and enter the total number thereof on the tally sheets provided therefor. They then shall count and enter the number of the first, second and third choice votes for each candidate on said tally sheet and make return thereof to the Auditor as provided by law. (bo) If a ballot contain more than one vote for the same candidate, only the one of such votes highest in rank shall be counted. If a ballot contain either first, second or third choice votes in excess of the number of offices to be filled, no vote in the column showing such excess shall be counted. (c) The foregoing subdivisions (a) and (b) of this section shall be printed conspicuously on the tally sheets furnished to the election officers. (d) Candidates receiving a majority of first choice votes for any office shall be elected. If the full number of candidates to be elected do not receive a majority of the first choice votes for such office, a canvass shall then be made of the second choice votes received by those candidates for said office who are not elected by first choice votes; said second choice votes shall be added to the first choice votes received by such candidates, and candidates who by such addition shall receive a majority vote shall be elected. (e) If by count of either first choice votes or first and second choice votes, as above provided, more candidates than there are offices to be filled shall receive a majority, the candidate or candidates equal in number to the number of offices to be filled having the highest vote shall be elected. . (f) If the full number of candidates to be elected do not receive a majority by adding first and second choice votes, as above directed, a canvass shall then be made of the third choice votes received by those candidates for said office who are not elected, either by first choice votes or by adding first and second choice votes, said third choice votes shall be added to the first and second choice votes received by such candidates, and the candidates, equal in number to the number of offices remaining to be filled who received the highest number of votes by said addition shall be elected. (gz) Uh Be TUR ee ee 101-102 Other . Officers... fey cian mae iia ae eee ne eee ier 103 Local Improvement Code SETECTSS la ee pidien eet anes eee Os es Se Ce ahi Laabens tee pale 104 Council invested with Jurisdiction over Streets, etc.............. 105 Extension: of. Streets. 6. 8 Si ee ee 106-108 © Vacation “of "Streets 6.0055 2a oo aie. vw tints eet cade ee 109-111 Sidewalks ys ss goss Sane ed dco tie ea Cow a ae eee aig eee 112-116 Sewers? and Drarns cy, era suas Gree Meh us ee Oo ee 117-121 Improvement: of ‘Streets. 5805 ao 4 Wcinde re eee we el a ee 122-132 Special Assessments ...fs (cso: fisse os ape ee, epee eee ee 133-161 Miscellaneous Public. Improvements’: <0... oie has ee cehviig a b's Baca ses te 162 Repair of ‘Streets joi co 65 Wace ee a vie ein ble Soe ee 163 F'PANCHISES S05 hig hoo coe ela ae eerie teria a plelgel at a nN ete le eee an 164 CONTENTS Administrative ARTICLE 1 CITY ATTORNEY Tinie PeOnNEY wHISmOUATIBICATIONS Wo. ce diceccss ccceceece DUTIES OF CITY ATTORNEY; SALARY OF; GENERALLY..... Sere ete INL LD ATO Sy. ciel oe oa Sha ha us hae ae clea eue sme CITY ATTORNEY REQUIRED TO INSTITUTE SUITS, ETC....... SHALL DELIVER RECORDS TO HIS SUCCESSOR................ ARTICLE 2 TREASURER TREASURER’S DEPUTY; CIVIL SERVICE RULES; COUNCIL TO Baan who Ot DE PUY AND -CLERKS...<.. 2000s son ok Lane Mee Lua) GRE ee rate Site Ue Pode cade nd se ak ee. TREASURER TO DEPOSIT IN BANKS DESIGNATED BY COUNCIL TREASURER TO MAKE MONTHLY STATEMENTS OF DEPOSIT LIABILITY OF TREASURER FOR DEPOSITED FUNDS.......... WHEN TREASURER SHALL KEEP POSSESSION OF FUNDS.... COUNCIL MAY REQUIRE ADDITIONAL SECURITY FROM BANKS TREASURER TO BE IN PERSONAL ATTENDANCE AT OFFICE; PMS) oS ch Di oS ele CATR ge Ae aia ARI Ae We Od Mee eR Oe CITY OFFICERS OR AGENTS TO PAY MONEY OF THE CITY TO TREASURERS PENALTY fF FOR” FAILURE}: 99 00. 6. Se). ARTICLE 3 CITY ENGINEER CITY ENGINEER; HOW APPOINTED; QUALIFICATIONS OF.... Elly ENGINEER SSALARY: DEPUTIES: FEBS...........02..... CITY ENGINEER TO ACT FOR ALL BOARDS OR COMMISSIONS ARTICLE 4 JUDICIARY—MUNICIPAL COURT § 55. FEES WHEN ACTING AS JUSTICE OF THE PEACE............ COUNCIL TO APPOINT TEMPORARY JUDGE IN ABSENCE OF MUNICIPAL | JUDGE ores i ee ete eevee er ere ee eee ARTICLE 5 BUREAU OF POLICE BUREAU OF POLICE; HOW ORGANIZED; COUNCIL TO MAKE RULES “AND |REGULATIONS . 3.5.2 33... ee eee BUREAU OF POLICE TO CONSIST OF CHIEF, CAPTAINS, ETC.; OATHS -OF OFFICE 0.46/02 eas a ies Oe coes ek eee DUTIES OF CHIEF OF POLICE; COUNCIL MAY SUSPEND MEM- BIGRS ae he a.6 Seals n 0 lect ale tee wa Oe ang cere en ee ee FEES TO BE PAID OVER TO TREASURER; RECORD OF ARRESTS FEES, REWARDS; EMPLOYMENT OF ATTORNEYS BY MEM- BERS OF POLICE FORCE; PENALTY FOR VIOLATION OF PROVISIONS ois st ost sak eel ele ary. 5 tes aah esis ere oe EXAMINATION OF PREMISES OF PAWNBROKER, JUNK SHOP OR SECOND-HAND DEALER... o.624.005.0-4 f0e ee cee ee eee RODD 250 ees Sa eee Ran eee ee COUNCIL IN EMERGENCY TO APPOINT TEMPORARY EM- PLOYES 00 05h Se eae le eee A COMMISSIONER IN CHARGE TO APPOINT ELIGIBLES FROM CIVIL SERVICE LIST TO: FILE: VACANCIES?:...3 240. eee GAMING AND LOTTERY HOUSES, OBSCENE PUBLIC AMUSE- MENTS—MAYOR AND COUNCIL TO SUPPRESS.............. SAME—CHIEF OF POLICE TO CAUSE PARTIES INTERESTED IN TO BE ARRESTED 2. oc haw oth eet eos ee ee ARTICLE 6 BUREAU OF FIRE BUREAU OF FIRE; HOW ORGANIZED; SUBJECT TO CIVIL SERVICE RULES; AUTHORITY VESTED IN COUNCIL...... COUNCIL TO ORGANIZE BUREAU OF FIRE; APPOINTMENT OF ENGINEER AND EMPLOYES; POWER TO MAKE RULES AND REGULATIONS; CIVIL SERVICE RULES TO APPLY TO EVERY OFFICER AND MEMBER OF THE BUREAU eee ee eo we wo ww oee eee oer eee ee ewe eee ee wwe ee O76 .@ 0 eo. 0. 10:50 (0). le: © 0 e660 ee COMMISSIONER IN CHARGE OF THE BUREAU OF FIRE TO EXAMINE. AND ‘PASS: ON «PAYROUL: 2.503 4 eee COUNCIL IN EMERGENCY TO APPOINT TEMPORARY. EM- PLOYVES 36105 hig eee A ene QR si COn COP Or tr On COP (On (OP tor es Ned § 74. § 75. § 76. § 77. § 78. § 84. § 85. § 86. § 87. § 88. § 89. DRM Se el a4 4 Heelan ARTICLE 7 BUREAU OF WATER WORKS COUNCIL TO HAVE CHARGE OF WATER PLANT................ CITY AUTHORIZED TO CONSTRUCT AND OPERATE WATER AUD NR ALR Popeye i alunsracl chs lie eg eae Da re rl RGA ae aN Ree Eee a MAYOR TO EXECUTE CONTRACTS AND SIGN ORDERS FOR IVE OOIN, Epes Petar ete re Sas 02's ss obese o gcale a ye 0 Ola eae TOU inves me TL ON Var CLEMO UM eee ieee ta ts rele cs aa we oes aio ne SENG PRUE Salen TRUGNWU aR OC Ni MUTA OBE. crm ecg ring atts raed ara a De aN ae COUNCIL; ITS POWER AND AUTHORITY; EMPLOYES; CIVIL SEUARAAR EOS 150 0 AUS 5 5 ue eit pete dis Aer cll eran A Ri a ea a STATEMENT OF RECEIPTS AND DISBURSEMENTS TO BE PUB- ARC P RA VIBS so. 36: Sym hte cath ell lr ae Ua igh Ie Ere ARTICLE 8 BUREAU OF HEALTH COUNCIL TO APPOINT CITY PHYSICIAN AND HEALTH OFFICER CONC Uae Nema ol Li penne td at anise cca t Aeaketes Vata oct POWERS OF THE COUNCIL; RULES AND REGULATIONS....... PO UeE Uiersae) bats Wire Ae OE A ISDE Sate eeetaiciers ce acu icy te cw \h opens COMMISSIONER IN CHARGE OF BUREAU OF HEALTH TO AP- POINT OFFICERS AND NURSES; TO CONTROL SPREAD OF UNDE CE OD DIE oe Ah AE ae a Se rate SU ce Peg a a ene dk ARTICLE 9 BUREAU OF PARKS ARTICLE 10 BUREAU OF STREET CLEANING BUREAU OF STREET CLEANING—HOW ORGANIZED—COUNCIL OBE Agy lum Cr Grae be DIL OIG Lie crc. Wis face cies witin wells theless a6 THE COMMISSIONER IN CHARGE TO EXAMINE AND PASS ON rhs YAky Chem eeePed A Tet slic En tea pha gee Bhca go shs ise Bi af elcisiclytel Ob Wheto chele > ole bis ARTICLE 11 HARBOR COUNCIL TO HAVE CHARGE OF WATER FRONT; HARBOR IVEY ag Pkt eer a eee ee eet tn toe AMS Re soho es aaa RULES AND REGULATIONS FOR WATER FRONT; DUTIES OF TATE BOR BNE Aer Bit a one eWeek th cee keane Weave, ek wees bit. eet eee ARTICLE 12 STREET LIGHTING DEFINITION OF “STREET”...... rpihalgt iw aftes ovo wn eee aie eae CITY MAY CONTRACT FOR LIGHTING FOR FIVE (5) YEARS; MAY PROVIDE ITS. OWN. PLANT. 235. oes se eee eee CITY MAY ISSUE BONDS TO:PROVIDE PLANT coos nah ee PROGEEDINGS. ON. CONTRACT FOR LIGHTING. 22 wees ee PROCEDURE: TO ACQUIRE. PUANT orcs DEFINED. 22. fee oe eee ye ARTICLE 2 COUNCIL INVESTED WITH JURISDICTION OVER STREETS, ETC. §' 105. POWER: OVER STRENT Seco ee ee ee ARTICLE 3 EXTENSION OF STREETS § 106. POWER OF COUNCIL EXTENDED TO BOULEVARDS, LANES, ALLEYS, ETO. 2 oo 5 occas eee hes chin wees ies tres, eee § 107. ADDITIONAL METHOD OF OPENING STREET............... ese § 108. REMONSTRANCE GRANTED TO PROPERTY OWNERS.......... r 148 J § 109. § 110. § 111. § 112. Seite. § 114. § 115. § 116. § 117. Saiie: § 119. § 120. § 121. § 122. § 123. § 124. § 125. § 126. § 127. § 128. § 129. § 130 S151. § 132. § 133. § 134. § 135. § 136. § 137. § 138. § 139. § 140. § 141. § 142. § 143. ARTICLE 4 VACATION OF STREETS SSAA SM RO fal chet still ne Eon ete kat oR vea™ LTac (p< till grab. Xi cola ches sp eh ae 9 eaten a « ARTICLE 5 SIDEWALKS OWNERS TO REPAIR SIDEWALKS; NOTICE THEREOF........ rer ie OU) rears) Wire Poe RE ACT Scr chee «stat pies ave tae 'e ¢,0 ace Wafetin'e COUNCIL AUTHORITY OVER SIDEWALKS; ASSESSMENT FOR Bod tier VU ERC RG EL MOL Ly Ser estes iy Pope 55 ales Caliker Cheeta e's in! a elnrn. et 6 shel. code Ges? aioe cee Mew Ctr mets Oe CY Big Cr CIN OTSA LEN E82 in ie so sale ote,» be (ms Sueistni'es W's Ws Perea Crater mee RES MEIN LC ak OES Co Mgt at ole ie sh rireey pootata if O48 « Aaa 5 oui Veta ea ia 8 ARTICLE 6 SEWERS AND DRAINS COUNCIL MAY ORDER CONSTRUCTION OF SEWERS.......... CITY ENGINEER TO MAKE PLANS AND SPECIFICATIONS; DIS- SU) TREO ES ES oe CSTE Sha) GOI ANS CP en a a ee aa PAP Oe OF BRO EL DLO Nes INO LICH SS otk, snore ee wees as SOLA C4 Sg Md Eas Wa Oh Re gk eR Pe Cr Ae a ARTICLE 7 IMPROVEMENT OF STREETS DEFINITION OF TERMS “IMPROVE” AND “IMPROVEMENT” PROCEVUUREAHORSIMPROVEMENT Siccc is val lee cae ile eee vs CITY ENGINEER TO MAKE PLANS AND SPECIFICATIONS; DD Tey Cte ees OLIN Ling ee a ted oe Pees oho ee Oe oo mds Pup GA ola mone bU LIONS NOTICES lus. 04. oo. yee eke Iss EARaN ee Ean Rae Cg eas pays Soe ny, vig elena eee So a's Sin wine comcsieiare k's ee JURISDICTION OF COUNCIL—WHEN ACQUIRED............ Cele me beer LIRA GL. Pes ceccee. cee es chee be au wt le TG es ee ON = ACO D TANG Oe Soc. ges te be eg clos 0 DPE CRY PovaG ie Va u ME tiene pero ne eRe tae tats a's ase ee se KINDS OF IMPROVEMENTS CLASSIFIED; STREET REPAIRS ERO C METI E RS ode R Ud SL DS a sl i oa Oy Od Cog 8 dl yO) poe ARTICLE 8 SPECIAL ASSESSMENTS ESTIMATE OF COST AND APPORTIONMENT; NOTICE........ eee Pasa Ein AMO Meme Enis (urease LE eset Oh, Soa cs Soca ain x! die «ech aime md?a' sania shaves Eee emer NE Med ey MCLE EO OURS LD eo 5s aici oie Wate, wracter wage ale «Sep 4 /ahm) ©) ee, 0% DLE RS Wy COMES Bg fo LA a DO BES eae ee ee DOCKETING AND PUBLICATION OF ASSESSMENT............ MFO GL SD BoC MER SRVEEARL BOM ptcctor Baier Adisvers asia may sig. no atate Mae ates os Cee Sst Hea) See eve Pann EN LEG NGL Mee ACY MERGING Dt stew a dik oy eeieie oot sa tib ete » PAYMENT) BY LIEN CREDITOR ss. feigivii: Miter ee ns «eee REE OS ig BENS sd Boley 8 i Fe rp cia a § 144, § 145. § 146. § 147, § 148, § 149, § 150. § 151. § 152. § 153. § 154, § 155. § 156. § 157. § 158. § 159. § 160. § 161. § 162. § 163. § 164. SALE FOR UNPAED ASSESSMENT Sch. (205 stntu.. iene eee RECEIPTS :OF - TREASURER. oo). s:s i. oa-cc cates ccc. clean TREASURER’S RETURN: UNSOLD PROPERTY < 2:2 ..0..0+ see REDEMPTION 0 foo Sea oienata saetsey aie. oye oresa ieee eee DEED; EPFECT. THER POW coc. tetas se ns ee ee LIMITATION OF ACTIONS THEREON; TENDER OF TAX........ NOTICES—FAILURE IN, NOTCPATAL «0.0 5 oc ss eee a eee LIABILITY OF THE CITY AND ITS OFFICERS FOR EXPENSE OF STREET WORK «52.0 sgh. com chit aie one ee JUDGMENT; COST AND {FEES (Oy aes ae. o ae tee PROCEEDINGS UNDER PREVIOUS CURATIVE CLAUSE........ PROCEEDINGS’ PRESUMED: REGULAR’. .4.°.2. 0.024) eee BONDED ASSESSMENTS ON TRACTS OF LAND; SUBDIVISION OF .ASSESSMENT Sw. 057.55 eee nm. s lea ea orm ee Miscellaneous ARTICLE 1 PUBLIC IMPROVEMENTS COUNCIL TO HAVE CHARGE OF PUBLIC IMPROVEMENTS.... ARTICLE 2 REPAIR OF STREETS COUNCIL TO CAUSE STREETS TO BE REPAIRED............ ARTICLE 3 FRANCHISES COUNCIL TO REGULATE FRANCHISE IN STREETS, AND OPER- ATIONS. THEREON: 025-905 sons nod eae ee eee ee THE CHARTER ORDINANCES OF THE CITY OF PORTLAND, OREGON Administrative ARTICLE 1, CITY ATTORNEY. (OP (OR (OP LO? “OP? (OR LP PETE b ESA Mon prada 32 ae CITY ATTORNEY; HIS QUALIFICATIONS. DUTIES OF CITY ATTORNEY; SALARY OF; GENERALLY. SAME—IN MUNICIPAL COURT. COUNCIL TO PROVIDE OFFICE FOR CITY ATTORNEY. CITY ATTORNEY’S RECORDS. CITY ATTORNEY REQUIRED TO INSTITUTE SUITS, ETC. SHALL DELIVER RECORDS TO HIS SUCCESSOR. [ 150 ] § 1. CITY ATTORNEY; HIS QUALIFICATIONS: The City Attorney shall be an attorney of the Supreme Court of the State of Oregon and shall be an elector of the City and of the State of Oregon at the time of his appointment, and must have been such for at least five years preceding such time. He shall be appointed by the Council in accordance with the provisions of the Charter and shall serve during the pleasure of the Council. [§340, 1903 Charter; see §81, Charter, Adopted May 3, 1913.] § 2. DUTIES OF CITY ATTORNEY; SALARY OF; GENERALLY: The City Attorney must attend to, and shall, subject to the direction of the Council, have control of all actions, suits or proceedings in which the City is le- gally interested, and must attend to the prosecution of every person charged with the violation of a City ordinance, or of any regulations adopted under authority of the Charter, or with the commission of a misdemeanor as declared by the Charter or by virtue of its authority. In any prosecution for violation of any reg- ulation adopted by any board created by the Charter, the City Attorney shall act under the directions of such board, subject to such paramount control as is given to the Council by the Charter. He shall prepare for execution all contracts, bonds or other instruments to which the City is a party; he shall give his advice and opinion in writing concerning any matter in which the City is interested when required by the Mayor, any board or body, Council or any committee of the Council; he may have one or more depu- ties, to be appointed by him in writing and to continue during his pleasure, the number and compensation of such deputies to be fixed by the Council. The salary of the City Attorney shall be fixed by the Council payable in monthly installments out of the City Treasury. [§341, 1903 Charter.] § 3. SAME—IN MUNICIPAL COURT: It shall be the duty of the City Attorney in person or by deputy to pyosecute without charge, other than the salary paid him as City Attorney or deputy, all causes brought before the Municipal Court for any violation of the ordinances of the City, or of regulations adopted under the authority of the Charter, or for the com- mission of any misdemeanor as declared by the Charter or by virtue of its authority. [§342, 1903 Charter. ] § 4. COUNCIL TO PROVIDE OFFICE FOR CITY ATTORNEY: The City Attorney shall have his office and headquarters in such rooms in the City Hall as the Council may designate, to be provided and furnished at the ex- pense of the City, which shall be open on all business days during such hours as the Council shall fix. [§342, 1903 Charter.] § 5. CITY ATTORNEY’S RECORDS: The City Attorney shall have charge and custody of said office and of all legal papers pertaining thereto, which shall be arranged and indexed by him in such convenient and orderly manner as to be at all times readily accessible. He shall keep in said office a complete docket and duplicate pleadings of all suits, actions or proceedings in which the City or any department or official thereof is interested, pending in any court or tribunal, upon which docket such appropriate entries shall be made as to show at all times the condition of each one of such cases. He shall also keep and record in a book to be provided for that purpose, the original or du- plicate copies of all written opinions furnished by him to the City, or to any depart- ment or official thereof, and also of all certificates of titles furnished to the City, [ 151 ] or any department or official thereof by him, and all abstracts of titles which shall hereafter be furnished to or obtained by the City. He shall also procure, as far as possible, all legal opinions and abstracts of title which have heretofore been fur- nished to the City, or any department or official thereof, and) shall file and arrange such opinions and abstracts in such manner and order as to be at all times readily accessible, and shall make and preserve an index thereof. He shall also procure all law books heretofore purchased by the City and in the possession of any law officer or ex-law officer of the City or other person, and mark them and arrange them in a proper bookcase. [§343, 1903 Charter.] § 6 CITY ATTORNEY REQUIRED TO INSTITUTE SUITS, ETC.: The City Attorney shall have authority, upon the written direction of the Coun- cil, to institute upon behalf of the City, or any board or commission of the City, any suit, action or proceeding, in any court or tribunal, local, State of Federal. All appeals on behalf of the City to the Circuit Court of the State of Oregon, in Mu- nicipal cases, shall be taken by the City Attorney when by him deemed advisable. All other appeals on behalf of the City shall be taken by the City Attorney only upon the written direction of the Council. [§344, 1903 Charter.] § 7. SHALL DELIVER RECORDS TO HIS SUCCESSOR: He shall deliver all books and records, reports, documents, papers, statutes, law books and property of every description in his possession, belonging to his office, or to the city, to his successor in office, who shall give him duplicate receipts ‘there- for, one of which he shall file with the Auditor. [§345, 1903 Charter. ] ARTICLE 2. TREASURER. 8. TREASURER—QUALIFICATIONS. 9. SALARY OF TREASURER—HIS BOND. 0. TREASURER’S DEPUTY; CIVIL SERVICE RULES; COUNCIL TO FIX SALARIES OF DEPUTY AND CLERKS. § 11. DUTIES OF TREASURER. § 12. TREASURER NOT TO LEND CITY MONEY. § 183. BANKS MAY APPLY FOR DEPOSITS. § 14. TREASURER TO DEPOSIT IN BANKS DESIGNATED BY COUNCIL. § 15. TREASURER TO MAKE MONTHLY STATEMENTS OF DEPOSIT. § 16. LIABILITY OF TREASURER FOR DEPOSITED FUNDS. § 17. WHEN TREASURER SHALL KEEP POSSESSION OF FUNDS. § 18. COUNCIL MAY REQUIRE ADDITIONAL SECURITY FROM BANKS. § 19. TREASURER TO BE IN PERSONAL ATTENDANCE AT OFFICE; FEES. § 20. RECEIPTS—HOW ISSUED BY TREASURER. § 21. CITY OFFICERS OR AGENTS TO PAY MONEY OF THE CITY TO TREASURER; PENALTY FOR FAILURE. | § 8. TREASURER—QUALIFICATIONS: There shall be a Treasurer of the City of Portland, who shall have been a duly qualified voter of said city for at least five years next preceding his appointment. He shall be appointed by the Council in accordance with the provisions of the Char- ter and shall serve during the pleasure of the Council. [§288, 1903 Charter; see §81, Charter Adopted May 8, 1913.] [ 152 ] § 9. SALARY OF TREASURER—HIS BOND: He shall receive an anual salary to be fixed by the Council payable monthly out of the General Fund in the same manner as other salaries are paid. He shall give a bond of some surety company or companies to be approved by the Mayor in the sum of one hundred thousand; dollars to secure the faithful performance of his duties. [§289, 1903 Charter.] § 10. TREASURER’S DEPUTY; CIVIL SERVICE RULES; COUNCIL TO FIX SALARIES OF DEPUTY AND CLERKS: The appointing authority may appoint one deputy Treasurer to continue in of- fice during his pleasure and, subject to the Civil Service Rules, such clerks as may be necessary. The salary of said deputy and the number and compensation of said clerks shall be fixed by the Council. [§290, 1903 Charter.] § 11. DUTIES OF TREASURER: The Treasurer is receiver of taxes, and shall receive and keep all moneys that shall come to the city by taxation or otherwise, and pay out the same as now or as may hereafter be provided by ordinance. He must keep an account with the General Fund and a separate account with each special fund that may be raiséd for any specific object, and when a warrant is drawn on any particular fund it shall be paid out of such fund only. The Treasurer shall make a semi-annual statement to the Council, showing the receipts and disbursements and the state of each particular fund at the close of business on the 31st day of May of each year, and shall also prepare and transmit to the Council on or before the 15th day of December of each year a report of the receipts and disbursements of the city for the fiscal year end- ing on the 30th day of November next preceding and the state of each fund at the close of business on said 30th day of November, and shall file the same with the Auditor. Such report must be published by the Auditor in such manner as may be prescribed by ordinance. _[§291, 1903 Charter, as Amended by Ordinance 46927.] § 12, TREASURER NOT TO LEND CITY MONEY: Except as hereinafter provided, the Treasurer shall not lend, use or deposit any of the moneys received by him as such Treasurer or any part thereof, to or with any bank, banker, corporation or person, nor shall he pay out any part of such moneys nor allow the same to pass out of his personal custody, except as authorized by law or the Charter. If the Treasurer shall violate any of the provisions of this section he shall be deemed guilty of misconduct in office and be liable to removal therefrom and be proceeded against accordingly. [§292, 1903 Charter.] § 13. BANKS MAY APPLY FOR DEPOSITS: Any bank in the City of Portland with a paid-up capital of twenty-five thousand dollars, which desires to receive on deposit a portion of the city funds, shall file with the City Treasurer an application for such deposits. Such application shall state: _ First—The amount and character of security the bank has to offer; and Second—The rates of interest the bank will pay on open account and on time certificates of deposit. The Treasurer shall present such application, together with his recommendation, to the Council. The Council shall thereupon determine what bank or banks shall re- ceive the city funds and be designated as depositaries of the city. The bank or banks receiving such deposits from the city will be required to deposit with the Treasurer either: United States Government Bonds; United States Certificates of Indebtedness; bonds of the City of Portland, City of Portland Certificates of In. [ 153 ] debtednesss; bonds of the Port of Portland, School District No. 1 of Multnomah County, in the State of Oregon, Bridge Bonds of the County of Multnomah, the face value of which must be at all times equal to the amount of money on deposit by the city with said bank or banks; or bonds of any other city, county, municipality or school district within the State of Oregon, or well recognized railroad or street railway bonds, the interest upon which has not been in default for a period of six years prior to the offering of such bonds as security, and the market value of which is such that the net returns from the bond is no greater than five per cent, per annum. Where state, county, municipal or school bonds, railroad or street railway bonds, except United States Government bonds, United States Certificates of Indebtedness, bonds of the City of Portland, City of Portland Certificates of Indebtedness, bonds of the Port of Portland, School District No. 1, of Multnomah County in the State of Oregon, or Bridge Bonds of Multnomah County, are offered as security, the market. value of the same at all times shall be kept not less than one and one-quarter times the amount of the city deposit in said bank or banks. The Council shall determine the relative value of all securities offered, and when the same rate of interest is bid, the Council shall give preference to the bank or banks offering bonds or certificates of indebtedness of the United States Govern- ment, bonds of the City of Portland, City of Portland Certificates of indebtedness, bonds of the Port of Portland, School District No. 1, of Multnomah County in the State of Oregon, or Bridge Bonds of Multnomah County, Oregon, as security. The Council may at its option reject any securities offered. [§293, 1903 Charter as Amended by Ordinances Nos. 29738, 30668, 32896, 45146, 39555.] § 14. TREASURER TO DEPOSIT IN BANKS DESIGNATED BY COUNCIL: After the Council designates what bank or banks are city depositaries all the funds then in the hands of the City Treasurer, or thereafter received by him, shall be deposited in the banks so designated, in the name of the City of Portland, and subject to the order of the City Treasurer. All interest upon city funds shall be paid to the city. [§294, 1903 Charter.] § 15. TREASURER TO MAKE MONTHLY STATEMENTS OF DEPOSIT: The Treasurer shall make monthly statements of the amount of moneys de- posited, as hereinbefore provided, giving separately the amounts deposited on open account and in interest-bearing certificates in each bank, and shall file such state- ments with the Auditor, who shall present the same to the Council at its next reg- ular meeting thereafter. The Treasurer shall furnish a copy of such report, together with a statement of the amount and kind of security pledged for such deposits, to any newspaper applying therefor. [§295, 1908 Charter.] § 16. LIABILITY OF TREASURER FOR DEPOSITED FUNDS: When the funds in the hands of the Treasurer shall be deposited, as hereinbefore provided, such Treasurer shall be exempt from all liability therefor by reason of the loss of any such deposited funds, from the failure, bankruptcy or any other acts of any such banks or bankers, to the extent and amount of such funds in the hands of such bank or bankers at the time of such failure or bankruptcy, but for no cause shall he be discharged from his liability to the City for the care and custody of the securities deposited with him by the banks or bankers acting as depositaries of the City funds. [§296, 1903 Charter.] [ 154 ] § 17. WHEN TREASURER SHALL KEEP POSSESSION OF FUNDS: If no bank or banks will agree to take the money of the City on deposit on terms satisfactory to the Council, as provided by law, the Treasurer shall keep the same in cash in his own possession. [§297, 1903 Charter.] § 18, COUNCIL MAY REQUIRE ADDITIONAL SECURITY FROM BANKS: Whenever from any cause the Council shall deem the securities pledged by any bank insufficient and inadequate security for the funds of the City deposited with such bank, the Council shall require other or additional securities to be given by such bank to be approved by the Council; and if such bank shall fail promptly to furnish such securities the Treasurer at once shall withdraw all deposits from such bank and such bank shall cease to be a depositary of the City funds until it shall be reinstated as such by vote of the Council after it has deposited securities sat- isfactory to the Council. [§298, 1903 Charter.] § 19. TREASURER TO BE IN PERSONAL ATTENDANCE AT OFFICE; FEES: The Treasurer shall be in personal attendance at his office each day during office hours. No fees of any. kind shall be retained by him, but the same from whatsoever source received or derived shall be paid by him into the treasury. [§299, 1903 Charter.] § 20. RECEIPTS—HOW ISSUED BY TREASURER: The Treasurer, on receiving any money into the Treasury, shall make out and sign two receipts for the money, such receipts shall be alike, except that upon the face of one of them shall appear the word “Original” and upon the face of the other shall appear the word “Duplicate.” Such receipts shall be numbered and dated, and shall specify the amount, on what account and from what person or officer received, and into what fund or on what account paid. The Treasurer shall enter upon the stubs of such receipts a memorandum of the contents thereof, and deliver the receipt marked “Original” to the person or officer paying such money into the Treasury, and forthwith deliver the receipt marked “Duplicate” to the Auditor, who shall write upon its face the date of its delivery to him, and charge the Treasurer with the amount specified therein, and file the receipt in his office. [§300, 1903 Charter.] § 21. CITY OFFICERS OR AGENTS TO PAY MONEY OF THE CITY TO TREASURER; PENALTY FOR FAILURE: Any office or agent of this City or other person who shall receive or have in his hands any money belonging to the City, shall immediately pay the same to the Treasurer and a receipt thereof in duplicate shall be issued and one of the receipts shall be delivered to the Auditor by the Treasurer. If any such officer, agent or other person shall fail to pay to the Treasurer any money so received, for more than forty-eight hours after the money shall have been received by him, such of- ficer, agent or other person shall forfeit to the City double the amount of money so received, to be recovered by civil action brought by the City against him in a court of competent jurisdiction. [§301, 1903 Charter.] [ 155 J ARTICLE 3. CITY ENGINEER. § 22, CITY ENGINEER; HOW APPOINTED; QUALIFICATIONS OF. § 23. CITY ENGINEER; SALARY; DEPUTIES; FEES. § 24. DUTIES OF CITY ENGINEER; FILING OF PLATS. - § 25. CITY ENGINEER TO ACT FOR ALL BOARDS OR COMMISSIONS. § 22. CITY ENGINEER; HOW APPOINTED; QUALIFICATIONS OF: There shall be a City Engineer of the City of Portland, who shall have been a duly qualified voter of said City; he shall be appointed and may be removed by the Council in accordance with the provisions of the charter. He must have been in the practice of his profession for not less than ten years, and have had respons- ible charge of work for at least five years. [§302, 1908 Charter; See §81, Charter Adopted May 3, 1913.] § 23. CITY ENGINEER; SALARY; DEPUTIES; FEES. The appointing authority shall appoint one or more deputies for the City Engineer and such other employes as may be necessary, subject to the civil service rules of the charter. The salary of the City Engineer shall be fixed by the Coun- cil, and the number and salaries of the deputies and employes of the department shall be determined by the Council. The City Engineer shall serve the City ex- clusively, and shall not be engaged in other business while he is in its service. He shall receive no compensation other than his salary. The Council, by resolution, shall establish fees and charges for the services to be performed by the City En- gineer for persons, companies, counties and corporations, and may from time to time change and adjust the same. The City Engineer shall require such fees or charges to be paid in advance for any act or service demanded of him, and such money thus paid shall be paid to the Treasurer and credited by him to the general fund. [§3038, 1903 Charter. ] § 24. DUTIES OF CITY ENGINEER; FILING OF PLATS: The City Engineer shall keep himself informed of the condition of all public streets, squares, parks, grounds, highways, bridges, sewers and street lights, and all plans and specifications for the construction, improvement or repair thereof shall be made by him or under his supervision; and he shall have supervision of all surveys of streets, squares and parks, and all construction, improvements and repairs herein specified, whether such work be done by contract or otherwise. Before any ordinance is passed for the improvement of any street, highway or elevated roadway, he shall certify in writing to the Council as to the suitability of such proposed im- provement, to the needs and requirements of the City; he shall see that the pro- visions of all contracts, ordinances and regulations relating to the construction, improvement and repair of streets and property herein designated are strictly com- plied with, and no claim for work as herein specified shall be allowed or paid out of the City Treasury without the certificate of the City Engineer that said work has been done to his satisfaction; but any contractor or property owner feeling himself aggrieved by the determination of the City Engineer may appeal to the Council, and if upon such appeal it be determined that such work was done well and faithfully according to contract, the Council may accept said work and direct that the same be paid for. The City Engineer shall keep proper records of all matters relating to the business of his office, and report to the boards, commissions or the Council from time to time such suggestions and recommendations as to matters connected with his bureau as he may deem expedient. It shall be the duty of the City Engineer to make all surveys, plans, specifications, maps and estimates for all the public works in the City or on property belonging to the City, and to perform such other duties as may be required of him by the Council or ordinances of said City, [ 156 ] No new plat of lands within the City nor of any addition to the same, shall be filed for record, nor shall any street, alley or other way be dedicated, until the plat or dedication shall have been submitted to the City Engineer, together with proof that all taxes and special assessments on the property included have been paid, or application to pay the same under the provisions of the bonding act has been accepted, and until he shall have endorsed thereon his certificate that the taxes and street assessments appear to have been paid, or payment provided for under the bonding act, and that the plan of such lands, addition, street or way is of a suitable and convenient character. Any person aggrieved by the failure or re- fusal of the City Engineer to certify a plat or dedication may appeal to the Council, which shall hear and determine the matter with all convenient speed, and if it reverse his decision a certified copy of the resolution declaring such action shall be attached to the plat or dedication in lieu of the certificate, And when the Council shall determine, upon the certificate of the City Engineer or otherwise, that the plan of any addition or of any plat or dedication is improper or unsuitable it may, by resolution, require the filing of a new plat subject to the conditions hereinbefore set forth, as a condition to the establishment of any grade, or the improvement of any street in such addition. [§304, 1903 Charter.] § 25. CITY ENGINEER TO ACT FOR ALL BOARDS OR COMMISSIONS: The City Engineer shall be the consulting engineer of all boards and commis- sions authorized by the Charter or created hereafter in pursuance thereof, but he shall receive no compensation or salary therefor other than his salary as City Engineer. [§305, 1903 Charter.] ARTICLE 4. JUDICIARY—MUNICIPAL COURT. § 26. MUNICIPAL COURT CREATED. § 27. MUNICIPAL COURT DEPARTMENTS, PRESIDING JUDGE. § 28. RULES OF COURT. § 29. JURISDICTION OF MUNICIPAL COURT. § 30. MUNICIPAL JUDGES—QUALIFICATIONS, § 31. CLERK OF MUNICIPAL COURT; APPOINTMENTS; HIS DUTIES; RECORDS. § 32. PROCEEDINGS IN MUNICIPAL COURT; JURY TRIALS. § 33. FINES, COSTS, FEES AND EXPENSES RECOVERED TO BE PAID TO TREASURER. § 34. FEES WHEN ACTING AS JUSTICE OF THE PEACE. § 35. COUNCIL TO APPOINT TEMPORARY JUDGE IN ABSENCE OF MUNICIPAL JUDGE. § 36. APPEALS FROM MUNICIPAL COURT. § 37. PENDING PROCEEDINGS IN MUNICIPAL COURT. § 88, REMOVAL OF MUNICIPAL JUDGE; HIS SUCCESSOR. § 26. MUNICIPAL COURT CREATED: There is hereby created a Municipal Court for the City of Portland, which shall be known and described as the “Municipal Court for the City of Portland,” which shall be a court of record, having a seal. [§328, 1903 Charter.] [ 157 ] § 27. MUNICIPAL COURT DEPARTMENTS—PRESIDING JUDGE: There shall be two departments in the Municipal Court designated as Depart- ment No. 1 and Department No. 2, each presided over by a judge of said Municipal Court. The municipal judge older in time of service shall be presiding judge and shall have power to assign or reassign to the two departments of the court all matters before the Court. [§328-1, 1903 Charter as Amended by Ordinance No. 463896.] § 28. RULES OF COURT: The Municipal Judges shall have power to make and promulgate rules of court. [§828-2, 1903 Charter as Amended by Ordinance No. 463896.] § 29. JURISDICTION OF MUNICIPAL COURT. Said Municipal Court shall have jurisdiction of all crimes defined by ordinances of the City of Portland and of all actions brought to enforce or recover any for- feiture or penalty declared or given by any such ordinance; and shall likewise have within the City of Portland the jurisdiction and authority of a justice of the peace and committing magistrate, and shall be subject to all of the general laws of the State prescribing the duties of a justice of the peace and the mode of performing them, except as herein otherwise provided. The powers, duties and jurisdiction herein conferred upon such Municipal Court may be exercised by the judge thereof, his successor or a person appointed by the Mayor to preside as such judge as hereinafter provided. [§3829, 1903 Charter.] § 30. MUNICIPAL JUDGES—QUALIFICATIONS: Each judge of the Municipal Court shall be an attorney of the Supreme Court of the State of Oregon and must have been an elector of the city and state for at least five years preceding his appointment. The Council shall appoint the municipal judges and fix their salaries and each judge receive the same salary. [§330, 1903 Charter as Amended by Ordinance No. 46396; see §81, Charter Adopted May 3, 1913.] § 31. CLERK OF MUNICIPAL COURT; APPOINTMENT; HIS DUTIES; RECORDS: The proper appointing authority is authorized and empowered to appoint a clerk of said Court who shall perform the duties as clerk of said court and of the Police Department. He shall record all the proceedings of said Court in convenient books or records kept by him for that purpose. The records so kept shall be public rec- ords, subject to examination and inspection as other public records. Said clerk shall be subject to the civil service rules. The clerk of the Municipal Court shall receive a salary to be fixed by the Council, payable out of the general fund, in the same manner as other salaries are paid out of said fund. He shall have power, and it shall be his duty to take oaths and affidavits; to file, keep, and preserve the records and files of the Court to receive for and in behalf of the Court or the judges thereof, and subject to the direction of the presiding judge, money deposited for bail, all fines and costs imposed by the Court or judges thereof; to keep the seal of the Court and affix it to any process, transcript, certificate, or paper, as required by law, and to perform other duties required of him by the presiding Judge. He shall execute a bond in such sum as the Council may order, to be approved by the Mayor, conditioned for the faithful performance of his duties, which shall run to the City of Portland and to whomsoever it may concern, and such bond shall be filed with the Mayor. [§331, 1903 Charter as Amended June 5, 1905.] [158] § 32. PROCEEDINGS IN MUNICIPAL COURT; JURY TRIALS: All proceedings before the Court or judges thereof, including all proceedings for the violation of any city ordinance, are governed and regulated by the general laws of the state applicable to the justice of the peace or justices’ courts in like or similar cases, except as in the charter otherwise provided; but in a proceeding for the violation of a city ordinance, the defendant shall appear in person for trial, unless a satisfactory showing is made to the Court that defendant is unable to appear for reasons beyond his control, in which event the Court may in its discre- tion permit defendant to appear by attorney only; provided, however, that judg- ment may be given in the absence of defendant with the same force and effect as if he were present. The trial shall be before the judge and without a jury unless the defendant, on demanding a jury, shall deposit in court a sum sufficient to pay the per diem of such a jury for one day. The jurors summoned or serving in said Court shall be paid the same per diem and mileage as is required to be paid jurors serving in justices’ courts, the same to be paid out of the City Treasury, the Judge of said Municipal Court to issue certificates of the amount due for said service, the same to be presented to the Auditor and warrants therefor drawn upon the Treasurer in the manner provided by the Council. [§332, 1903 Charter as Amended by Ordinance No. 44723.] § 33. FINES, COSTS, FEES AND EXPENSES RECOVERED TO BE PAID TO TREASURER: All fines, costs, fees and expenses taxed against or received from any defend- ant in a criminal proceeding before the Court or Judges thereof, either for the vio- lation of a city ordinance or law of the State, shall, when received or collected, be paid by said judges to the Treasurer, who shall give him duplicate receipts therefor, one of which shall be filed with the Auditor; and all fines imposed by the Court or judges and penalties recovered before either for a violation of a city ordinance or a law of the State, shall, when received or collected, be disposed of by him in like manner, and said judges shall not be entitled to have or receive any fee or com- pensation for any act by him done or performed, or by virtue of the Charter, other than the salary herein provided. [§333, 1903 Charter.] § 34. FEES WHEN ACTING AS JUSTICE OF THE PEACE: When any service authorized by law to be performed by a justice of the peace shall be performed by the Municipal Court or Judges thereof, there must be taxed and collected therefor the fees or compensation prescribed by law to be charged by a justice of the peace for such services, and all such fees and compensation shall be paid over to the Treasurer as is elsewhere provided. [§334, 1903 Charter.]. § 35. COUNCIL TO APPOINT TEMPORARY JUDGE IN ABSENCE OF MU- NICIPAL JUDGE: In case of illness or temporary absence of a Municipal Judge, the Council may des- ignate any person having the qualifications of such Judge to act as Municipal Judge; he shall forthwith take the oath of office and perform the duties of such Judge during such temporary absence or disability. Such substitute shall be paid by the city at the same rate as a municipal judge during the time of such temporary service, which amount shall be deducted from the salary of the judge for whom he is a substitute. [§335, 1903 Charter as Amended by Ordinance No. 46396.] Pt59%] § 36. APPEALS FROM MUNICIPAL COURT: Except as hereinafter stated, appeals may be taken and shall be allowed from final judgments rendered in the Municipal Court in all actions, both civil and crim- inal, under the same circumstances, on the same conditions, in the same manner, and with like effect, that, under the laws existing at the time of the rendition of any such judgment, appeals may be taken and shall be allowed from final judgments rendered in similar actions in justices’ courts. Any defendant who is convicted of any crime defined or created by the charter, or of a violation of any ordinance, rule or regulation of the City of Portland, and is sentenced to any imprisonment or to pay a fine exceeding twenty dollars, may, within five days from the date of such conviction and judgment, appeal to the Circuit Court of Multnomah County by serving upon the City Attorney and filing in said Municipal Court a written notice of appeal and an undertaking on appeal, signed by the defendant as principal and with one or more sureties, to be approved by the Municipal Judge imposing such sentence, which undertaking shall be to the effect that such defendant and appellant shall pay all costs awarded against him on the appeal and render himself in exe- cution of any judgment rendered against him on the apipeal. Before said notice of appeal and undertaking shall be filed by the Clerk of the Municipal Court, the defendant shall pay to the Clerk a fee of $1.00 for preparing and certifying the transcript; provided, however, that on satisfactory showing that defendant is fi- nancially unable to. pay such fee, the Judge of the Municipal Court imposing such sentence may order such transcript to be prepared at the expense of the city. The transcript shall contain the original or a certified copy of the bond furnished by defendant to insure his appearance in the Circuit Court and if such bond be a cash bond the amount thereof shall be deposited with the Clerk of the Circuit Court before the transcript is filed. From the filing of the transcript with the Clerk of the Circuit Court, the appeal is perfected, and the cause is to be deemed pending therein and for trial upon the issue tried in the Municipal Court. The City may appeal to said Circuit Court from any final judgment in any such criminal action by serving upon the defendant or his attorney and filing in said Municipal Court a written notice of appeal, within five (5) days from the date of the rendition of such final judgment. [§336, 1903 Charter as Amended by Ordinance No. 46188.] § 37. PENDING PROCEEDINGS IN MUNICIPAL COURT: All actions and proceedings pending in the Municipal Court when this ordi- nance takes effect shall thereafter be proceeded with in accordance with the pro- visions of this ordinance or any city ordinance applicable thereto and continued in force by the Charter. [§337, 1903 Charter as Amended by Ordinance No. 46396.] § 38. REMOVAL OF MUNICIPAL JUDGE; HIS SUCCESSOR: The Council may at any time, for cause, by a majority vote of all its members, remove a Municipal Judge from office. Upon any such removal the Council shall appoint a successor to said Municipal Judge, who shall possess the qualificatons required of a Municipal Judge by the Charter, and who shall qualify in like manner. [§338, 1903 Charter; see §81, Charter Adopted May 3, 1913.] ARTICLE 5. BUREAU OF POLICE. § 39. BUREAU OF POLICE; HOW ORGANIZED; COUNCIL TO MAKE RULES AND REGULATIONS. § 40. BUREAU OF POLICE TO CONSIST OF CHIEF, CAPTAINS, ETC.; OATHS OF OFFICE. § 41. BOND OF CHIEF OF POLICE. § 42. BONDS FOR OTHER OFFICERS. { 160] § 48. DUTIES OF CHIEF OF POLICE; COUNCIL MAY SUSPEND MEM- BERS. 44, FEES TO BE PAID OVER TO TREASURER; RECORD OF ARRESTS. 45. FEES, REWARDS; EMPLOYMENT OF ATTORNEYS BY MEMBERS OF POLICE FORCE; PENALTY FOR VIOLATION OF PROVISIONS. 46. SPECIAL PATROLMEN OR POLICEMEN. 47, EXAMINATION OF PREMISES OF PAWNBROKER, JUNK SHOP OR SECOND-HAND DEALER. 48. POSSESSION OF BURGLAR’S TOOLS A MISDEMEANOR. 49. DUTIES OF POLICE FORCE. 50. COMMISSIONER IN CHARGE TO EXAMINE AND PASS ON PAYROLL. 51. COUNCIL IN EMERGENCY TO APPOINT TEMPORARY EMPLOYES. 52. COMMISSIONER IN CHARGE TO APPOINT ELIGIBLES FROM CIVIL SERVICE LIST TO FILL VACANCIES. 538. GAMING AND LOTTERY HOUSES, OBSCENE PUBLIC AMUSEMENTS —MAYOR AND COUNCIL TO SUPPRESS. 54. SAME—CHIEF OF POLICE TO CAUSE PARTIES INTERESTED IN TO BE ARRESTED. Un Or Cn LK UP COR 0 Dr Wor on ee) § 39. BUREAU OF POLICE; HOW ORGANIZED; COUNCIL TO MAKE RULES AND REGULATIONS: The Bureau of Police of the City of Portland shall be organized by the Council and the members appointed as provided by the charter, subject to the civil service rules of the charter, except as hereinafter provided. To that end the Council may make all necessary or convenient rules and regulations for the organization and con- duct of the police force, for the care and management of the city prison, for re- ceiving and hearing complaints against any member of said force, for the removal or suspension of any member of said force, and for the forfeittre of all or any por- tion of the wages that may be due any member of such force on account of mis- conduct or negligence in the discharge of his duties; all the powers of said city connected with and incident to the appointment, discipline and government of its police shall be vested in the Council of the city, except as herein otherwise provided. [§$179, 1903 Charter. ] § 40. BUREAU OF POLICE TO CONSIST OF CHIEF, CAPTAINS, ETC.; OATHS OF OFFICE: The Bureau of Police shall consist of a chief of police, and all necessary cap- tains of police, detectives, patrolmen, clerks, and a women’s auxiliary. Every officer and member of the police force, including private, special, temporary and substitute policemen, before entering ‘upon the discharge of his duties, shall take an oath be- fore the Auditor, similar in tenor and effect to that required of city officers, which oath shall be subscribed by the person taking it and shall be filed and preserved in the office of the Auditor. [§180, 19038 Charter.] § 41. BOND OF CHIEF OF POLICE: The Chief of Police before entering upon the duties of his office shall file a bond in such sum as the Council may require, not less than ten thousand dollars ($10,000) nor more than fifty thousand dollars ($50,000), with surety or sureties to be approved by the Mayor, that he will faithfully perform the duties of his office. The Chief of Police after having taken the oath of office and filed his bond, shall thereafter, under the direction of the Council have command and control of the po- lice force of said city. The Chief of Police and his sureties shall be responsible to the city or any person aggrieved, the same as sheriffs and their sureties now are. [§181, 1903 Charter.] [ 161 ] § 42. BONDS FOR OTHER OFFICERS: Every captain of said police force shall give a bond in the sum of Five Thou- sand Dollars ($5,000.00); and every sergeant, patrolman, special patrolman, detect- ive and clerk in the sum of One Thousand Dollars ($1,000.00), with sureties to the satisfaction of the Mayor, for the faithful discharge of his duties, and the payment of any damage that may be adjudged against him by any tribunal for the illegal arrest, imprisonment, or injury by him to any person. But the Council may be res- olution, when it shall appear for the public interest, authorize the acceptance of personal sureties on such bonds. The Chief of Police is a peace officer, and must execute all process issued by the Municipal Judges or directed to him by any mag- istrate of this state in criminal matters; he may make arrests for breach of peace or commission of crime within the limits of the city, with or without a warrant, as peace officers do under the laws of this state; he must exercise a vigilant control over the peace and quiet of the city; he shall keep a watchful care to prevent fires, and exercise like care over all property of the city and report to the proper author- ities all waste of water, stoppage of sewers, and all damage to any city property; he is the keeper of the city prison or house of correction; he must attend regularly upon the sittings of the municipal cotrt and the meetings of the Council; he shall exercise such additional powers as may be conferred upon him by the ordinances of said city to enable him to carry out the objects and purposes of the charter. [§182, 1903 Charter as Amended June 8, 1907.] § 43. DUTIES OF CHIEF OF POLICE; COUNCIL MAY SUSPEND MEMBERS: The captains of police detectives and policemen shall possess like power and authority except as herein provided. The Chief of Police shall have contro] over captains, detectives, clerks and all policemen when they are upon duty, and shall see that the city ordinances, and the rules, orders and regulations for the govern- ment of the police force are observed and enforced, and he shall have power to suspend any subordinate officer, member or employe for a violation of the same, as prescribed by the civil service rules, and shall forthwith report such violation in writing, with his reasons for suspension, to the Council. Upon consideration of the matter, the Councl may approve the action of the Chief of Police or may dis- approve the same and ‘reinstate such officer at once. The Oouncil, nevertheless, shall have power to suspend or remove any subordinate officer, member or employe of the Bureau of Police in like manner as other appointing authorities under the civil service rules. [§183, 1903 Charter.] § 44. FEES TO BE PAID OVER TO TREASURER; RECORD OF ARRESTS: The Chief of Police, or any officer of the police force, when acting under or en- forcing any law or statute other than a city ordinance, is entitled to collect and receive the same fees and compensation as are allowed to a constable for like serv- ices, and he shall pay the same over to the City Treasurer, as provided in the case of fees received by the Police Judge; but no fees shall be taxed against Multnomah County for services rendered by cither Chief of Police or Police Judge, The Chief — of Police shall keep in his office a book of arrests, in which shall be entered by him, or under his direction, the name of every person arrested, the cause of such arrest, by whom the arrest was made and the date thereof. [§184, 1903 Charter.] § 45. FEES, REWARDS; EMPLOYMENT OF ATTORNEYS BY MEMBERS OF POLICE FORCE; PENALTY FOR VIOLATION OF PROVISIONS: No member of the police force shall for his own benefit, under any pretense whatever, receive or share in any present, fee, gift, or emolument for public service, other than the regular salary and pay, except by the consent of the Council and [ 162 ] Chief of Police, publicly given, nor shall any member share in or receive any gift, fee or reward from any person who may become bail for any arrested, accused or convicted person, or who may become surety for any such, on appeal from or re- view of the judgment or decision of any court or magistrate, or any fee, gift or re- ward in any case from an attorney at law who may prosecute or defend any person arrested or prosecuted for any offense in Multnomah County; nor shall any member, directly or indirectly, interest himself or interfere in any manner whatever in the employment of any attorney to aid in the defense of any person arrested or accused; for any violation of either of the foregoing provisions the person so offending shall be immediately removed from the police force. Upon the complaint of any person alleging a violation of this Section the Coun- cil shall summon the officer accused before it and shall hold a summary hearing with power to subpoena witnesses and to compel the production of all necessary evidence and if it find that a violation of this Section has been committed by such officer he shall immediately be dismissed from the force and shall be ineligible for reappointment. [§185, 1903 Charter.] § 46. SPECIAL PATROLMEN OR POLICEMEN: The Council is hereby authorized to appoint persons of suitable character special patrolmen or policemen, but such special policemen shall not be paid by the City for their services as policemen. [§186, 1903 Charter.] § 47. EXAMINATION OF PREMISES OF PAWNBROKER, JUNK SHOP OR SECOND-HAND DEALER. The Chief of Police may in writing empower any member of the police force, whenever such member is in search of property feloniously obtained, or in search of suspected offenders, to examine the books of any pawnbroker, or his business prem- ises, or the business of any junk-shop, keeper or dealer in second-hand merchandise or invellgience office keeper, and such member of the force thereunto authorized in writing as aforesaid shall be allowed to examine any property purporting to be pawned, pledged or deposited in the possession of whomever such property may be; but no such property shall be taken from the possessor thereof without due process or authority of law. [§187, 1903 Charter.] § 48. POSSESSION OF BURGLAR’S TOOLS A MISDEMEANOR: Any person found in said City of Portland or within four miles of the corporate limits thereof, having in his possession any burglar’s tools or implements of any kind commonly used by burglars in breaking into or entering houses, shall be deemed guilty of a misdemeanor, and upon conviction thereof before the police court, or other court of said City having competent jurisdiction thereof, shall be fined in a sum not less than Twenty-five nor more than One Hundred Dollars, or be impris- oned in the city jail for a period not less than ninety days nor more than twelve months, or both. [§188, 1903 Charter.] § 49. DUTIES OF POLICE FORCE: The police force of the City of Portland shall at all times of the day and night within the boundaries of said City preserve the public peace, prevent crme, arrest offenders, protect rights of persons and property, guard the public health, preserve order, remove nuisances existing in streets, roads, public places and highways, re- port all leaks or other defects in water pfipes and sewers, and street lights not burning to the proper authorities, provide a proper force at every fire in order that [ 163 ] thereby the firemen and property may be protected, protect strangers and travelers at the steamboat and ship landings and railroad stations, and generally obey and enforce all ordinances of the City Council and criminal laws of the State and of the United States. [$189, 1903 Charter. ] § 50. COMMISSIONER IN CHARGE TO EXAMINE AND PASS ON PAYROLL: The Commissioner in charge of the Bureau of Police shall examine and endorse his approval on all payrolls and demands of the Bureau of Police, and after being So approved, the Auditor shall examine and audit them, and if correct and within the appropriation and authorized expenditure, they shall be paid as other accounts are paid out of the City treasury. [§190, 1903 Charter.] § 51. COUNCIL IN EMERGENCY TO APPOINT TEMPORARY EMPLOYES: The Council in case of any mob, riot, pestilence, or on days of public demonstra- tion may appoint such temporary policemen as it may deem necessary, who shall have all the powers and perform all the duties of regular policemen. Civil service rules shall not apjly to such temporary policemen, nor shall they be reqluired to furnish the bonds required of regular policemen. Such appointments shall not continue beyond the emergency, [§192, 1903 Charter. ] § 52. COMMISSIONER IN CHARGE TO APPOINT ELIGIBLES FROM CIVIL SERVICE LIST TO FILL VACANCIES: The Commissioner in charge of the Bureau ot Police may appoint a sufficient number of substitutes from the eligible list certified by the Civil Service board and ‘under its rules, to fill all vacancies occasioned by the absence of any member of the force, who shall receive compensation only for the time they serve, and the amount of such compensation shall be deducted from the pay of the absent member. [§193, 1903 Charter.] § 53. GAMING AND LOTTERY HOUSES, OBSCENE PUBLIC AMUSEMENTS— MAYOR AND COUNCIL TO SUPPRESS: Whenever the Mayor or the Council ascertains or receives satisfactory informa- tion that any house, room or premises within the City or within four miles of the corporate limits thereof is being kept or used as a common gaming house or com- mon gaming premises for playing therein for wager of money at a game of chance, or if the same is kept or used for any lewd or obscene public amusement or the! deposit or sale of lottery tickets or policies, it shall be lawful for the Mayor or the Council to authorize and direct the Chief of Police or any officer of the force to enter such house, room or premises and forthwith arrest all] persons therein found offending against any law and to seize all instruments of gaming, lottery tickets and lottery policies, and bring the said articles into court. [§194, 1903 Charter.] § 54. SAME—CHIEF OF POLICE TO CAUSE PARTIES INTERESTED IN TO BE ARRESTED: The Chief of Police shall cause such arrested persons to be vigorously prose- cuted and such seized articles to be destroyed, and the Council shall cause the owner of such house, room or premises, his agent or representative to be notified in writing that such house, room or premises is being used for unlawful purposes, and it shall be the duty of the owner, agent, attorney or representative to cause the use of the premises for such unlawful purposes to cease. [§195, 1903 Charter.] { 164 ]’ ARTICLE 6. BUREAU OF FIRE. § 55. BUREAU OF FIRE; HOW ORGANIZED; SUBJECT TO CIVIL SERV- ICE RULES; AUTHORITY VESTED IN COUNCIL. § 56. COUNCIL TO ORGANIZE BUREAU OF FIRE; APPOINTMENT OF ENGINEER AND EMPLOYES; POWER TO MAKE RULES AND REGULATIONS; CIVIL SERVICE RULES TO APPLY TO EVERY OFFICER AND MEMBER OF THE BUREAU. § 57. COUNCIL TO CARE FOR PROPERTY OF BUREAU OF FIRE. § 58. OATH OF MEMBERS OF BUREAU OF FIRE. § 59. CHIEF ENGINEER; HIS DUTIES. § 60. MAY DESTROY BUILDINGS TO CHECK FIRE. § 61. COMMISSIONER IN CHARGE OF THE BUREAU OF FIRE TO EX- AMINE AND PASS ON PAYROLL. § 62. COUNCIL IN EMERGENCY TO APPOINT TEMPORARY EMPLOYES. § 638. ASSIGNMENTS OF DISABLED MEMBERS. ] 64. LEAVE OF ABSENCE. § 55. BUREAU OF FIRE; HOW ORGANIZED; SUBJECT TO CIVIL SERVICE RULES; AUTHORITY VESTED IN COUNCIL: The Bureau of Fire of the City of Portland shall be organized by the Council and the members appointed as provided by the charter, subject to the Civil Service rules of the charter, and thereafter, subject to the restrictions contained in the charter, all the powers of said City connected with and incident to the appointment, discipline and government of its Bureau of Fire shall be vested in the Councl of said City. [§167, 1903 Charter.] § 56. COUNCIL TO ORGANIZE BUREAU OF FIRE; APPOINTMENT OF EN- GINEER AND EMPLOYES; POWER TO MAKE RULES AND REGU- LATIONS; CIVIL SERVICE RULES TO APPLY TO EVERY OFFICER AND MEMBER OF THE BUREAU: The Council shall have the power and it is hereby made its duty to organize, govern and conduct a Bureau of Fire for effective service within the City of Port- land, and to that end may authorize the appointment of a Chief Engineer and’ as many other officers and employes as in its opinion are necessary. It shall have the power to make all necessary or convenient rules and reg'ulations for the organiza- tion and conduct of said bureau, and for receiving and hearing complaints against any members and for the removal or suspension of any member of said Bureau. The civil service rules prescribed in the Charter shall appily to every officer and member of the bureau and shall govern the actions of the Council in its organization and government of said bureau. [§168, 1903 Charter. ] § 57. COUNCIL TO CARE FOR PROPERTY OF BUREAU OF FIRE: The Council shall have the custody and management of all the public property, including the fire alarm telegraph, pertaining to the Bureau of Fire. It shall have power and authority, subject to the limitations and appropriations made, and ex- penditures authorized by the Council, to purchase and acquire all necessary appara- tus, including fireboats, engines, hose, hose carriages, horses and all other personal property which the exigencies of an efficient fire bureau may require. It shall have power and authority to sell and dispose at public sale under the provisions of the Charter relating to sales of public property of any portion of said personal property whenever the same is not required, or when it may be considered by the [ 165 ] said Council unfit for service in said bureau, The proceeds of any such sale shall be paid by the purchaser to the Treasurer of the City, who shall issue a proper re- ceipt therefor, and all such moneys shall be credited to the General Fund of said City. [§169, 1903 Charter.] § 58. OATH OF MEMBERS OF BUREAU OF FIRE: All officers and members of the Bureau of Fire serving on full time and devot- ing their labor exclusively to the interests of the City, before entering upon their duties, shall take an oath before the Auditor, similar in tenor and effect to that re- quired of City officers, which oath shall be subscribed by the person taking it and shall be filed and preserved in the office of said Auditor. [§170, 1908 Charter.] § 59. CHIEF ENGINEER; HIS DUTIES: The Chief Engineer shall be the executive officer of the said Bureau of Fire. He shall devote his time and attention exclusively to its interests and shall engage in no other business. It is his duty and that of the assistant engineers to see that the rules and regulations and ordinances of the Council are carried out, and also to attend to such duties as fire wardens as may be required of them, and to see that all laws, orders and regulations established to secure protection against fire are enforced. It shall also be the duty of the Chief Engineer to enforce the rules and regulations made from time to time to secure discipline in said Bureau of Fire, and he shall have power to suspend any subordinate officer, member or employe for a violation of the same, as prescribed by the civil service rules, and shall forthwith report such violation in writing, with hs reasons for suspension, to the Commissioner in charge. Upon consideration of the matter, the commissioner in charge may ap- prove the action of the Chief Engineer or may disapprove the same and reinstate such officer at once. The commissoner in charge, nevertheless, shall have plower to suspend or remove any subordinate member or employe of the Bureau of Fire in like manner as other appointing authorities under the civil service rules. The Chief Engineer shall diligently observe the condition of the apparatus and the workings of the department and report in writing thereon at least once a month to the commissioner in charge and make such recommendations and suggestions respecting the same as he may deem proper. [§171, 1903 Charter.] § 60. MAY DESTROY BUILDINGS TO CHECK FIRE: The Chief Engineer, or, in his absence, any Assistant Chief Engineer, may, dur- ing a conflagration, cause to be cut down, or otherwise removed, any buildings or structures for the purpose of checking the prograss of such conflagration. [§172, 1903 Charter.] § 61. COMMISSIONER IN CHARGE OF THE BUREAU OF FIRE TO EXAMINE AND PASS ON PAYROLL: The Commissioner in charge of the Bureau of Fire shall examine and endorse his approval on all payrolls and demands of the Bureau of Fire, and after being so approved, the Auditor shall examine and audit them, and if correct and within the appropriation and authorized expenditure, they shall be paid as other accounts are paid out of the City treasury. [§174, 1903 Charter.] § 62. COUNCIL IN EMERGENCY TO APPOINT TEMPORARY EMPLOYES: The Council in case of any general conflagration or great emergency, may ap- point such temporary employes as it may deem necessary and to whom civil service rules shall not apply. [§175, 1903 Charter.] [ 166 ] § 63. ASSIGNMENTS OF DISABLED MEMBERS: Members and officers of a higher grade who have done faithful service and have been disabled so as to unfit them for serving in the Position occupied when so disabled may be assigned to other duties suitable to their physical abilities and shall always have preference in such assignments, [§177, 1903 Charter.] § 64. LEAVE OF ABSENCE: The Council shall grant annually to every permanent member of the Bureau of Fire leave of absence of not less than one week, and not more than two weeks, and no reduction of pay shall be made therefor; and to every extra man in the department there shall be granted annually one week’s leave of absence without re- duction of pay. [§178, 1903 Charter.] ARTICLE. 7. BUREAU OF WATER WORKS. § 65. COUNCIL TO HAVE CHARGE OF WATER PLANT. § 66. CITY AUTHORIZED TO CONSTRUCT AND OPERATE WATER WORKS. § 67. ADDITIONAL POWERS CONFERRRED. § 68. COUNCIL MAY IMPROVE AND EXTEND WATER WORKS. § 69. MAYOR TO EXECUTE CONTRACTS AND SIGN ORDERS FOR MONEY. ‘§ 70. MONEYS; HOW PAID OUT. § 71. MONEYS; HOW HANDLED. § 72, COUNCIL; ITS POWER AND AUTHORITY; EMPLOYES; CIVIL SERVICE RULES. § 73. STATEMENT OF RECEIPTS AND DISBURSEMENTS TO BE PUB- LISHED. § 65. COUNCIL TO HAVE CHARGE OF WATER PLANT: The Council shall have charge of the waterworks and water plant of the City. [§225, 1903 Charter.] § 66. CITY AUTHORIZED TO CONSTRUCT AND OPERATE WATER WORKS: The City is authorized and empowered to construct or purchase, keep, conduct and maintain water works and all necessary plants and facilities of a character and capacity sufficient to furnish the City and nhabitants thereof, as well as the places and people along or in the vicinity of the lines of pipes, conduits, or aqueducts con- structed or used for such purpose with an abundance of good, pure, wholesome water for all uses and purposes necessary for the comfort, convenience and well-being of the same, and to that end may acquire, by purchase or otherwise, and own and pos- sess such real and personal property within and without the limits of the City as in the judgment of the Council may be deemed necessary and convenient. [§226, 1903 Charter.] § 67. ADDITIONAL POWERS CONFERRED: The Council of the City of Portland shall have power and authority to enter into the necessary contracts to purchase all necessary materials and supplies and to employ and discharge agents, workmen, laborers, and servants as it may deem necessary or convenient in the conduct, extension, operation and management of the water works, subject to the civil service rules (except that the Superintendent and Engineer of the Bureau of Water Works shall not be subject to the civil service rules), and to do any other act in the construction, operation and maintenance of the water works of the City of Portland that may be deemed necessary or advan- tageous to said City. [ 167 ] All water mains, including laterals, distributing mains and mains for reinforce- ment hereafter laid or constructed shall be paid for out of the water fund, and not: otherwise. There may be paid out of said water fund and refunded to all persons. who have paid the City Treasurer assessments for the laying of water mains in front of or adjacent to their property, in accordance with the provisions of Section 227 of the Charter of the City of Portland, as amended by the act adopted by the electors of said City on the 8rd day of June, 1907, as aforesaid, the moneys, ex-. clusive of interest, so paid or that may be paid by them to the City Treasurer for the laying of water mains in front of or adjacent to their property; provided, however, that no moneys shall be so refunded on account of the construction of a main or mains until such time as the annual income therefrom shall be equal to six per cent of the original cost of said main or mains. Such refund shall be made by war- rents drawn by the Mayor and attested by the Auditor when authorized by a vote of the Council of the City of Portland. The Council shall not cause to be laid any water mains unless, in its judgment, the revenue that will be derived from water rates, within a reasonable period after the laying of such water mains, in the district in which the same shall be laid, shall produce a revenue equal to six (6) per centum per annum upon the cost of laying such water mains: Provided, however, that when the owner of property to be served by a water main, the income from which will not equal six (6) per centum of the cost of construction thereof, desires to construct such main, such owner may, when first authorized by the Bureau of Water Works, construct said main, at his own cost and expense, provided the same is constructed in accordance with plans and specifications approved by the Engineer of the Bureau of Water Works, and under the supervision of an inspector to be appointed by the Burea'u of Water Works, the cost of such inspection to be paid by the said owner; and at any time thereafter, when the annual income from such main shall equal six (6) per centum of the original cost thereof, the City of Portland may take over such main at a price not exceeding the original cost, less two and one-half (212) per centum for depreciation. The Council of the City of Portland shall have power and authority to acquire any water works or water plant, or part thereof, either by the direct purchase of the same, or in pursuance of condemnation proceedings, in the manner prescribed by law for the appropriation of private property for corporate purposes or public use, and the cost of the same shall be paid out of the Water Fund. [§227, 1903 Charter.] § 68. COUNCIL MAY IMPROVE AND EXTEND WATER WORKS: The Council shall manage, conduct and maintain the City water works and in so doing it may improve and extend such works from time to time, and may, pur- suant to ordinance, purchase and acquire on behalf of the City of Portland other water works and property, when the receipts from the water works are sufficient to defray the cost thereof and as the growth of the City and the wants and conve- nience of the inhabitants thereof may require. [§228, 1903 Charter.] § 69. MAYOR TO EXECUTE CONTRACTS AND SIGN ORDERS FOR MONEY: The Mayor and Commissioner in charge shall execute all written contracts and the Mayor and Auditor shall sign all orders for the payment of money authorized thereby. [§230, 1903 Charter.] § 70. MONEYS; HOW PAID OUT: The Treasurer shall pay out money from the “water fund” on the order of the Mayor, countersigned by the Auditor, and not otherwise. [§232, 1908 Charter.] [ 168 ] § 71. MONEYS HOW HANDLED: _ All moneys collected or received by the Bureau of Water Works for the use and consumption of water or otherwise shall be deposited with the Treasurer of the City, who shall give such bonds, in addition to the bonds hereinbefore provided, as the Council may require. The Treasurer shall keep the same separate and apart from the other funds of the City, in a fund to be known as the “Water Fund,” and pay it out only on the order of the Mayor, countersigned by the Auditor, and to the holder of any overdue interest coupon of the bonds payable out of the Water Fund and not otherwise. [§233, 1903 Charter.] § 72. COUNCIL—ITS POWER AND AUTHORITY; EMPLOYES; CIVIL SERV- ICE RULES: The Council has power and authority: 1. To authorize the employment, hire and discharge from time to time, sub- ject to the civil service rules of the Charter (excepting that the Engineer and Su- perintendent shall not be subject to civil service rules), of all such agents, workmen, laborers and servants as it may deem necessary or convenient in the conduct, oper- ation, and management of said waterworks and property. 2. Subject to ordinance to make all needful rules and regulations for the con- duct and management of the same by the City and the inhabitants thereof. 3. To establish rates as in the Charter provided for the use and consumption of the water by the City and inhabitants thereof, including the people living along the line or in the vicinity of the works outside the City. 4. To provide for the payment of water rates monthly in advance and to shut off the water from any house, tenant or place for which the water rate is not duly paid or when any rule or regulation is disregarded or disobeyed. fh. To do any other act or make any other regulations necessary and conveni- ent for the conduct of its business and the due execution of the power and authority given it by the Charter and not contrary to law. [§234, 1903 Charter.] §73. STATEMENT OF RECEIPTS AND DISBURSEMENTS TO BE PUBLISHED: The Bureau of Water Works shall cause a quarterly statement in detail of its receipts and disbursements to be made and signed by its Superintendent and filed with the Auditor, who shall preserve the same among the files of his office and shall cause the same to be published in the City Official Newspaper; and the Bureau of Water Works shall cause to be made, filed and published as a part of its last quarterly report in each year an inventory or statement of the property, imple- ments and material in its possession or control pertaining to the water works, to- gether with the condition and approximate value thereof, [§237, 1903 Charter. ] ARTICLE 8.—BUREAU OF HEALTH. § 74. COUNCIL TO APPOINT CITY PHYSICIAN AND HEALTH OFFICER. § 75. COUNCIL TO FIX SALARIES. § 76. POWERS OF THE COUNCIL; RULES AND REGULATIONS. § 77. DUTIES OF BUREAU OF HEALTH. § 78. COMMISSIONER IN CHARGE OF BUREAU OF HEALTH TO AP- POINT OFFICERS AND NURSES; TO CONTROL SPREAD OF DISEASES. [ 169 ] § 74. COUNCIL TO APPOINT CITY PHYSICIAN AND HEALTH OFFICER. The Council shall appoint and remove at pleasure a City Physician who shall be a regularly licensed physician and whose duties shall be prescribed by the Council.: The Council shall appoint a Health Officer who shall be the executive officer of the Bureau of Health and see that the ordinances relating to the sanitary affairs of the city and the rules and regulations of the Council are enforced. The proper appointing authority shall appoint such other officers, agents and employes as may be necessary. [§241, 1903 Charter.] § 75. COUNCIL TO FIX SALARIES: The Council shall fix the salaries of all officers, agents and emplyoyes of the Bureau of Health, Such compensation shall not exceed the salaries paid for simi- lar services in private institutions of like character in the city. [§242, 1908 Charter.] § 76. POWERS OF THE COUNCIL; RULES AND RREGULATIONS: The Council shall have the management and control of the City Hospitals, Am- bulance Service, Receiving Hospitals, and supervision of all matters pertaining to the preservation, promotion and protection of the lives and health of the inhabi- tants of the city. It may adopt rules and regulations, not inconsistent with the Charter or city ordinances, for determining the character of nuisances, and provid- ing for their abatement, and the discharge of its functions in general. Such rules shall be kept on file in the Auditor’s office. It shall have the sanitary supervision of all institutions of the city, including jails, school houses and all public buildings; of the disposition of the dead; of the disposition of garbage, offal and other offensive substances. It shall have exclusive control and disposition of all expenditures necessary in the institutions under its immediate control. [§248, 1903 Charter.] § 77. DUTIES OF BUREAU OF HEALTH: The Bureau of Health shall enforce all ordinances, rules and regulations which may be adopted for the carrying out and enforcement of a good sanitary condition in the city; for the protection of the. public health; for determining the nature and character of nuisances and for their abatement; and for securing the proper reg- istration of births, deaths and other statistical information. It shall from time to time submt to the Council a draft of such ordinances, rules and regulations as it may deem necessary to promote the objects mentioned in this section. [§244, 1908 Charter.] § 78. COMMISSIONER IN CHARGE OF BUREAU OF HEALTH TO APPOINT OFFICERS AND NURSES; TO CONTROL SPREAD OF DISEASES: The Commissioner in charge of the Bureau of Health may appoint and remove at pleasure. such officers and nurses and all assistants as may be necessary to maintain the efficiency of the hospitals and pest houses established by the Council and may cause to be removed thereto and kept therein any person affected with a contagious or infectious disease whenever necessary for the preservation of the public health. The ratio of employes to the inmates of any institution under the care of the Bureau of Health shall not exceed that maintained by private institutions of like character in the city. [§245, 1903 Charter.] [ 170 ] ARTICLE 9. BUREAU OF PARKS. § 79. POWERS OF COUNCIL. § 80. RULES AND REGULATIONS, § 81. RESTRICTION ON EXHIBITIONS OF WORKS OF ART. § 82. EMPLOYES TO GIVE BONDS. § 88. COUNCIL TO HIRE EMPLOYEES; CIVIL SERVICE RULES. § 79. POWERS OF COUNCIL. The Council, except as herein otherwise provided, shall have the general man- agement and supervision of all parks, squares, openings and public grounds sur- rounding public buildings now owned or hereafter acquired by the city, and also shall have power to regulate and control the planting, trimming, growing, use, pres- ervation and maintenance of all shade or ornamental trees, shrubs, plants or flow- ers in, upon or over any street, boulevard, path or sidewalk of the city. [§261, 1903 Charter.] § 80. RULES AND REGULATIONS: _ The said Council may adopt such rules and regulations for the use, management and supervision of the parks, squares, openings, public grounds, and grounds sur- rounding public buildings, bath houses or other places of. recreation, now belonging to the city or hereafter acquired by it, as to the Council may seem reasonable and necessary; such rules and regulations not to be inconsistent with the provisions of the charter or the city ordinances. [§262, 1903 Charter.] § 81. RESTRICTION ON EXHIBITIONS OF WORKS OF ART: No work of art shall be placed in any park, or in any other public ground which is subject to the supervision of the Council without its permission. [§263, 1908 Charter.] § 82. EMPLOYES TO GIVE BONDS: All employes acting in any fiduciary capacity in connection with the parks or pleasure grounds shall be placed under proper bonds. [§265, 1903 Charter.] § 83. COUNCIL TO HIRE EMPLOYES; CIVIL SERVICE RULES: The Council has power and authority to employ, hire and discharge from time to time, subject to the Civil Service rules of the charter, all such workmen and la- borers as it may deem necessary to the proper conduct and management of the pub- lic places under its control. [§266, 1903 Charter.] ARTICLE 10. BUREAU OF STREET CLEANING: § 84. BUREAU OF STREET CLEANING—HOW ORGANIZED—COUNCIL TO HAVE CHARGE OF PROPERTY. § 85. THE COMMISSIONER IN CHARGE TO EXAMINE AND PASS ON PAYROLL. § 84. BUREAU OF STREET CLEANING—HOW ORGANIZED—COUNCIL TO HAVE CHARGE OF PROPERTY: The Bureau of Street Cleaning shall be organized by the Council. The Com- missioner in charge shall appoint a superintendent and all other laborers and em- ployes, subject to the civil service rules of the charter. The Council shall have the EiTih} custody and management of all property belonging to said Bureau and, subject to the limitations of the appropriations made and expenditures authorized by the Coun- cil, shall have power and authority to purchose and acquire all necessary equipment for an efficient Bureau. It shall have power to sell and dispose of by public auction all personal property whenever the same is not required, or when it may be con- sidered by the said Council as unfit for service. The proceeds of any such sale shall be paid by the purchaser to the Treasurer of the city, who shall ssue a proper receipt therefor, and all such moneys shall be credited to the General Fund of the city. [§ 199, 1903 charter.] § 85. THE COMMISSIONER IN CHARGE TO EXAMINE AND PASS ON PAY- ROLL: The Commissioner in charge shall examine and endorse his approval on all pay- rolls and demands of the said Bureau, and after being so approved, the Auditor shall examine and audit them, and if correct and within the appropriation and authorized expenditure, they shall be paid as other demands are paid out of the City Treasury. [§ 201, 1903 charter. ] ARTICLE 11—HARBOR. § 86. COUNCIL TO HAVE CHARGE OF WATER FRONT; HARBOR MASTER. § 87. RULES AND REGULATIONS FOR WATER FRONT; DUTIES OF HARBOR MASTER. § 88. DUTIES OF HARBOR MASTER. § 89. BOND OF HARBOR MASTER. § 86. COUNCIL TO HAVE CHARGE OF WATER FRONT; HARBOR MASTER: All the wharves, water front and harbor within the City of Portland shall be under the management and control of the Council subject to the provisions of the charter. The Council shall appoint, subject to civil service rules, a Harbor Master whose salary shall be fixed by The Commission of Public Docks. The Council may appoint, subject to civil service rules, such deputies for the Harbor Master as the require- ments of the city may demand, the number and compensation of whom shall be determined by the Council. [§ 216, 1903 charter. ] § 87. RULES AND REGULATIONS FOR WATER FRONT; DUTIES OF HARBOR MASTER: The Council may, subject to the provisions of the charter, establish such rules and: regulations, not inconsistent with the charter and the ordinances of the City, as it may deem right and proper for the control of the wharves and water front, and of the harbor and of the ships and vessels therein, and persons violating any of said rules and regulations shall be guilty of a misdemeanor and upon conviction thereof in the Municipal Court, or, in case of an appeal therefrom, in the Circuit Court of the State of Oregon for Multnomah County, shall be punished by a fine not exceeding $250.00, or by imprisonment for a period not exceeding ninety days, or by both such fine and imprisonment in the discretion of the Court. It shall be the duty of the Harbor Master and that of his deputies to see that the rules and regulations and the ordinances of the Council are obeyed, and he shall report in writing each month to the Council the condition of the harbor and all matters of interest pertaining thereto, together with any recommendations looking to the better care and improvement of the same. [§ 217, 1908 charter. | § 88. DUTIES OF HARBOR MASTER: Said Harbor Master and his deputies shall be ex-officio members of the police ETRE: force of the City and shall have the same power to make arrests for violation of ordinances of the City or of the laws of the State of Oregon as is possessed: by other police officers of the City, and said Harbor Master and said deputies are especially charged with the duty of enforcing the laws of the State of Oregon relative to mer- chant seamen, and particularly the act of the Legislative Assembly of the State of Oregon filed in the office of the Secretary of State February 25th, 1889, entitled “An act for the prevention of and punishment for enticing or harboring seamen from ships and other vessels on the waters of the Columbia and Willamette rivers, or for arresting officers or seamen on such vessels, and to amend sections 1952 and 1953 of Hill’s Annotated Laws of Oregon.” In addition to the duties of the Harbor Master now or hereafter required by law, he shall perform such duties as may be required of him by The Commission of Public Docks and he shall report to and be under the jurisdiction of The Commission of Public Docks. [§ 218, 1903 charter. ] § 89. BOND OF HARBOR MASTER: The Harbor Master shall give a bond in the sum of $5,000.00 and each deputy in the sum of $1,000.00. Said bonds shall contain the same terms as bonds required herein of captains of police and patrolmen and the provisions of this ordinance covering bonds of captains of police and patrolmen shall apply also to bonds of the Harbor Master and _ his: deputies. [§ 219, 1903 charter. | ARTICLE 12—STREET LIGHTING. § 90. DEFINITION OF STREET. § 91. CITY MAY CONTRACT FOR LIGHTING FOR FIVE (5) YEARS; MAY PROVIDE ITS OWN PLANT. § 92. CITY MAY ISSUE BONDS TO PROVIDE PLANT. § 98. PROCEEDINGS ON CONTRACT FOR LIGHTING. § 94. PROCEDURE TO ACQUIRE PLANT. § 95. SPECIAL ELECTION TO DECIDE, § 96. CITY ELECTRICIAN AND EMPLOYES. § 97. COUNCIL TO HAVE CHARGE OF CITY LIGHTING. § 98. LIMIT OF EXPENSES FOR LIGHTING. § 99. COUNCIL TO HAVE SUPERVISION OF WIRES, ETC. § 100. INJURING OR DESTROYING LIGHTING PROPERTY AN OFFENSE; PENALTY. § 90. DEFINITION OF “STREET”: The term “street,” as used in this article, shall be construed to include any street, avenue, boulevard, alley, lane, brdge, bicycle path, road or public thorough- fare, and any land over which any right of way has been obtained, or granted, for any purpose of public travel. [§ 205, 1903 charter. | § 91. CITY MAY CONTRACT FOR LIGHTING FOR FIVE (5) )YEARS; MAY PROVIDE ITS OWN PLANT: The City of Portland may contract for the lighting of public buildings, streets, avenues, parks, public grounds and places for any period not exceeding five (5) years. It shall have the power and authority to procure lands, either within or without the city, and purchase or construct the necessary buildings, engines, dynamos and other machinery, tools, lamps, lines, conduits, poles, towers and other apparatus and appliances constituting a plant for lighting the City by electricity or by any other means or system, and if the Council deem it advisable, it may purchase towers, poles, wires, lamps and other appliances, and cause lines of wire to be constructed, ' 173 ] the use of which it may let to any persons or corporation contracting to light the City. It shall also have power to lay pipes and conduits in the highways, alleys and public places for gas or electric light wires, and to erect in the highways, alleys and public places poles, towers or posts for wires or lamps, and to place, construct and maintain the necessary lines of wires either below or above ground in the highways, alleys or public places, [§ 206, 1903 charter. ] § 92. CITY MAY ISSUE BONDS TO PROVIDE PLANT: The Council for the purpose of providing for the construction of the public lighting plant as herein provided, may raise money by tax or issue bonds of the City as hereinafter provided, or may raise said funds by both tax and bonds, as to the Council of the City may seem meet and to the best interests of the City; but any money raised by taxes for such purposes shall be subject to the limitations in the Charter as to the amount to be raised in any one year for lighting purposes. It shall also have :pjower to issue bonds in like manner or raise moneys by tax for the purchase or construction of conduits, wires, posts, poles, towers, lamps and other ap- paratus and appliances for use by any party or parties contracting for the public lighting: as herein provided. For the purposes aforesaid, the City is authorized to issue and dispose of bonds to the amount of $300,000, of the denomination of from $100 to $1,000, as purchasers may desire, with interest coupons attached thereto, signed by the Mayor and countersigned by the Auditor, whereby the City shall be held and considered: in substance and effect to undertake and promise, in consideration of the premises, to pay the bearer of each of the said bonds at the expiration of twenty-five (25) years from the date threof, the sum named therein in gold coin of the United States, together with interest thereon, in like coin, at the rate of four per centum per annum, payable half yearly, as provided in said coupons. [§ 207, 1903 charter. ] § 983. PROCEEDINGS ON CONTRACT FOR LIGHTING: Whenever the Council shall determine to contract for lighting the streets and public buildings and places in the City of Portland in pursuance of the provisions of the charter, as amended, authorizing such contract and shall direct advertise- ment for proposals for such lighting, such advertisement shall be published for a period of fifteen days in the city official newspaper. [§ 208, 1903 charter as amended by Ordinance No. 38422.] § 94. PROCEDURE TO ACQUIRE PLANT: If the Council shall determine that it is advisable to establish a plant for public lighting, to be owned by the City, it may by ordinance direct the purchase of the necessary lands, machinery, wires, poles, lamps, towers and other apparatus and ap- pliances above mentioned, the cost of which shall not exceed $300,000.00. It shall thereupon be the duty of the Council, to carry into effect the authority thereby con- ferred and to make the necessary purchase of lands, machinery, engines, tools, lamps, apparatus and appliances and construct the buildings required, and cause to be constructed or laid all necessary conduits and lines of wire below ground, and to erect and construct all necessary poles, towers, posts, lines of wire above ground and other apparatus and appliances, which shall be necessary or requisite according to such system or systems as it may deem best for lighting the City. [§ 209, 1908 charter. ] § 95. SPECIAL ELECTION TO DECIDE: Before the Council shall direct the establishment of a plant as herein provided, it shall by resolution submit to the electors of the City, to be voted upon by said electors at a special election to be called for that plurpose, the question as to whether the authority hereby conferred shall be exercised. The proposition shall be stated pias upon the ballots in the following form: “For a city lighting plant—Yes,”’ “For a city lighting plant—No”; and any elector may vote for or against said proposition by marking a cross opposite said words “Yes” or “No,” respectively. The votes upon said proposition and for and against the same, respectively, shall be certified, returned and canvassed in the manner now provided by the Charter for certifying, returning and canvassing’ votes cast for City officers. If a majority of the electors votng thereon in said City shall vote in favor of a City lighting plant, then the authority hereby conferred may be exercised; otherwise the same shall not be exercised. Notice shall be given by the Auditor by publication in the City Official Newspaper of the election to vote upon said proposition at least thirty days before the election. [§ 210, 1903 charter.] § 96. CITY ELECTRICIAN AND EMPLOYES: The Council may, subject to the civil service rules of the Charter, employ an electrical engineer, who shall be known as the City Electrician, and also such other superintendents, engineers, clerks, agents and subordinates under them as may be necessary to carry into effect the provisions of the Charter, and may regulate and define their duties and prescribe their compensation. [§ 211, 1903 charter. ] § 97. COUNCIL TO HAVE CHARGE OF CITY LIGHTING: The Council shall have general supervision and management of all public light- ing, and of any plant established by the City, as herein provided for that purpose, and all employes engaged in or about the construction or operation thereof, and shall make the necessary purchase of fuel, tools, supplies, materials, apparatus and appliances required in the operation and management of said plant, without further approval or confirmation of their contracts by the Council. The expenditures for the operation and management of said plant shall not exceed in any one year the tax levied for that purpose. [§ 212, 1903 charter. ] § 98. LIMIT OF EXPENSES FOR LIGHTING: No contract shall be let, nor any purchase be made of any lands or property re- quiring the payment of any money, nor shall any moneys be paid for public lighting, in excess of the tax authorized to be levied by the Charter for that purpose and of moneys raised by issuing bonds as herein provided. [§ 2138, 1908 charter.] § 99. COUNCIL TO HAVE SUPERVISION OF WIRES, ETC:: The Council, subject to ordinance, shall have the supervision of the construction of all the electric lighting lines of the wires in the City, whether owned by the City or by other parties, and of all connections made with any building or buildings, and no such wire or lines of wire shall be placed, laid, erected or constructed, nor shall any pole or post or conduit be laid, placed or constructed for such lines, nor any connection made with any building or buildings, except ‘under such general regula- tions as it from time to time may adopt. [§ 214, 1903 charter.] § 100. INJURING OR DESTROYING LIGHTING PROPERTY AN OFFENSE; PENALTY: Any person who shall cut, break, injure or destroy any building, engine, dynamo or other machinery, or appliances, poles, posts, towers, lamps, wires or conduits erected, constructed or used for the public lighting of the City, whether owned by the corporation or by any party or parties contracting for the lighting of the City, shall be deemed guilty of an offense, and shall be punished therefor by a fine of not less [§ 215, 1903 charter. ] [175] than twenty-five dollars nor more than five hundred dollars or by imprisonment not exceeding six months or by both fine and imprisonment in the discretion of the court. ARTICLE 13—POUND. § 101. POUND MASTER. §.102. RULES AND REGULATIONS; DUTY OF POUND MASTER. § 101. POUND MASTER: The Council shall, subject to the provisions of the Charter, appoint a Pound ‘Master. [220, 1908 charter. See §290 charter adopted June 7, 1915.] § 102. RULES AND REGULATIONS; DUTY OF POUND MASTER: The Council shall establish such rules and regulations, not inconsistent with the Charter and ordinances of the City, as it may deem right and proper for the con- trol of the pound. It shall be the duty of the Pound Master and of that of his deputies and assistants to see that the rules and regulations of the Council and the City ordinances relating to the pound are enforced and he shall report in writing each month to the Council all matters of interest to the pound together with any recommendations he may have to make for the efficient administration of the same. [§ 221, 1903 charter. ] ARTICLE 14—OTHER OFFICERS. § 1038. BOARDS AND COMMISSIONS TO SERVE WITHOUT PAY. § 103. BOARDS AND COMMISSIONS TO SERVE WITHOUT PAY: No member of any board or commission shall receive any salary or other com- pensation for his services as such. [§ 268, 1903 charter. ] Local Improvement Code ARTICLE 1—STREETS. § 104. THE TERM “STREET” DEFINED. § 104. THE TERM “STREET” DEFINED: The term “street,” as used in the Local Improvement Code, shall be construed to mean any street, avenue, boulevard, alley or lane which is now, or may hereafter be opened or dedicated to public use. [§ 372, 1903 charter. ] ARTICLE 2—COUNCIL INVESTED WITH JURISDICTION OVER STREETS, ETC. § 105. POWER OVER STREETS, § 105. POWER OVER STREETS: All streets, avenues, boulevards, lanes, alleys and bicycle paths within the cor- porate limits of the City of Portland, now open or dedicated to public use, or which may hereafter be opened or dedicated to public use, or which have or may become such by prescription or user, shall be deemed and held to be open public streets, ave- nues, boulevards, lanes, alleys and bicycle paths for the purposes of this ordinance, and the Council is hereby empowered to fix the width thereof, and is hereby invested with jurisdiction to order to be done thereon any of the work mentioned in this or- [ 176 ] dinance, in accordance with the directions and proceedings provided in the Charter. [§ 365, 1908 charter. ] ARTICLE 3—EXTENSION OF STREETS. § 106. POWER OF COUNCIL EXTENDED TO BOULEVARDS, LANES, ALLEYS, ETC. § 107. ADDITIONAL METHOD OF OPENING STREET. § 108. REMONSTRANCE GRANTED TO PROPERTY OWNERS. § 106. POWER OF COUNCIL EXTENDED TO BOULEVARDS, LANES, ALLEYS, ETC.: The same power and authority granted by the Charter to the Council to open, lay out, establish, widen, alter, extend, vacate and close streets, and to establish and change the grade of streets within the limits of the City of Portland, and to ap- propriate and condemn private property therefor, are hereby grantéd to said Council to open, lay out, establish, widen, alter, extend, vacate and close within the same limits, boulevards, avenues, lanes, alleys, bridges, bicycle paths, squares, parks, plats and public places, and to appropriate and condemn private property therefor and to establish and change the grade of each. And like acts and proceedings as those authorized by the Charter to be done and had by said Council, the officers of the City, their agents and employes and others, in the matter of opening, laying out, establishing, altering, widening, extending, vacating and closing streets, and in establishing and changing the grades thereof, are hereby authorized to be done and had by said Council and officers and their agents and employes and others in the Same manner and with the same effect and limitations in the matter of opening, laying out, establishing, widening, altering, extending, vacating or closing of boule- vards, avenues, lanes, alleys, bridges, bicycle paths, squares, plats, parks and public places within said limits and in establishing and changing the grades thereof, as by the Charter provided for in the case of streets. [§ 871, 1903 charter. ] § 107. ADDITIONAL METHOD OF OPENING STREET: Where the public necessity shall require it, the Council may, by ordinance, direct the City Attorney to institute an action for condemnation of any property needed for a street or for other public use. By the same ordinance the Council shall direct the City Engineer within ten days from the beginning of such action to view such property and make report to the Council of the value of the property and of the rights and interest of the several persons having interests therein as reported by the City Attorney on examination of the title. The Council shall thereupon provide a fund and draw a warrant thereon in favor of such persons for the sum or sums found by the City Engineer, or such greater sum as they may deem proper security for the owners. Such fund may be provided by appropriation from the general fund, by levy of assessments for benefits, as in other cases or in any other lawful manner. Within five days from the deposit of the warrant in the registry of the court where the action is pending, the City may take possession of the property unless applicaton shall sooner be made to the court for a ruling increasing the amount of the security. If such application shall be made within the time limited, the court shall hear same forthwith in a summary way, and fix such security as it shall deem necessary as security for the taking. If the amount is not increased, the City may take possession immediately. If the amount be increased, the City shall take possession as soon as the Council shall provide a fund and draw a warrant thereon for the amount so fixed, and deposit the same in the registry of the court. The action shall then proceed to trial and judgment as other like actions. No person shall be disqualified to act as a juror therein by reason of his being Pats a resident and property owner within the City. If the verdict be given for a greater amount than the appropriation, judgment shall be against the City for the excess. to be payable immediately, and if the court shall so direct, as a condition of the further use of the property of the City; if for a less sum, a new warrant shall be given for the amount of the judgment, and that deposited shall be returned. This section shall not be construed as precluding the owner from any remedies otherwise given by law to determine whether the property is subject to appropria- tion. [§ 851, 1903 charter.] § 108. REMONSTRANCE GRANTED TO PROPERTY OWNERS: Within thirty days from the date of the first publication of the notice of any public improvement the owners of three-fifths or more in area of the property within the assessment district may make and file with the Auditor a written objection to or remonstrance against said proposed improvement, and said objection or remonstrance shall be a bar to ‘any further proceedings in the making of such improvement for a period of six months unless the owners of one-half or more of the property affected as aforesaid shall subsequently petition therefor; provided that if any such objection, remonstrance or petition shall be signed by the agent or attorney of any property owner, there shall be filed with the Auditor within the time provided for such remonstrance or petition the written authority for such agent or attorney to sign any such remonstrance or petition, otherwise the signature shall be disregarded. [§ 852, 1908 charter.] ARTICLE 4—VACATION OF STREETS. § 109. NOTICE AND PETITION FOR VACATING STREET. § 110. TITLE TO STREET VACATED. § 111. VACATION OF STREET TO BE BY ORDINANCE; RECORD OF SAME, § 109. NOTICE AND PETITION FOR VACATING STREET: Whenever any person or corporation interested therein shall desire the vacation of any street, or part thereof, within the City of Portland, the person or corporation so desiring said vacation shall give notice, by advertisement thereof, for four con- secutive weeks, in the City Official Newspaper that at a regular meeting of the Council of the said City, to be had at the time stated in such notice of publication, a petition will be presented to the Council praying for the vacation of such street, or portion thereof, particularly describing the same. The petition, so to be presented to the Council shall set forth a description of the part of the street proposed or sought to be vacated, and the purpose for which the ground is proposed to be used, and the reason for such vacation, and there shall be appended to such petition, as a part thereof, and as the basis for such vacation, and as a basis for the granting of the prayer of such petition, the consent of the owners in fee simple, of at least two-thirds of the real estate fronting on both sides of said street which or part of which is proposed to be vacated, estimated upon the frontage of the street, such frontage to commence at a line drawn equidistant from the termini of the street, or portion thereof, proposed to be vacated, and extending along such proposed vacation the entire length thereof and two hundred feet in each direction from the termini thereof, unless such street shall not be continuous in either direction, in which case the con- sent of the owners above provided for shall only be required for the distance that it is continuous; provided, that in the vacation of a plat it shall require the consent of the owners of two-thirds of all the real estate fronting on the streets designated on such plat. The consent of the owners of the requisite number of front feet here- inbefore required to be attached to the petition for the vacation of a street shall be given in writing and duly acknowledged before an officer authorized to take acknowl- edgments, and such consent shall be attached to the petition for such vacation, and [178 ] such petition and consent shall be filed with the Auditor. The Council shall, upon the presentation of such petition, and the filing of the proof of the due publication of the notice herein prescribed with the Auditor, fix a time for hearing said petition and objection thereto, if any be filed. At the time fixed by the Council for hearing said petition, and the objections filed thereto, if any, the Council shall ascertain and determine whether the consent of the owners of the requisite number of front feet has been obtained as aforesaid, and such finding shall be made a matter of record, and shall be conclusive of the facts as found in all collateral proceedings, and shall be prima facie evidence of the facts in all direct proceedings. If upon such hearing the Council shall find that the spublic interest would not be prejudiced by the vaca- tion of such street, or part thereof, applied for, and that the consent of the owners of the requisite number of front feet has been obtained, as hereinbefore provided, the Council may grant the prayer of the petitioner in whole or in part, and may vacate the street sought to be vacated by such petition, and cause such vacation to be made a matter of record. [§ 362, 1903 charter. ] § 110. TITLE TO STREET VACATED: If upon the hearing of the petition for the vacation of such street, or part thereof, as in the preceding section provided for, the Council shall determine that such street should be vacated, and shall by ordinance vacate the same, such street shall be at- tached to the lots or ground bordering on such street, and all right and title thereto shall vest in the owners of the property on each side thereof in equal proportions. In every case where a street shall have been originally dedicated wholly by the owner or owners of the property abutting upon one side only of such street, then in the event of the vacation of such street all right and title thereto shall vest in the then owner or owners of the property abutting upon the side of the said street last aforesaid. [§ 368, 1903 charter. ] § 111. VACATION OF STREET TO BE BY ORDINANCE; RECORD OF SAME: The vacation of any street by the Council shall only be made by ordinance, and a certified copy of such ordinance shal] be filed for record, and duly recorded, in the office of the County Clerk of Multnomah County, and said County Clerk shall record the same in the records of deeds for said county and place an appropriate reference upon the margin of the original plat or plats of said street, or part thereof vacated, to indicate the book and page where such vacation is recorded. No street shall be vacated upon the petition of any person or corporation where, by such petition, it is proposed to replat or rededicate any stret or streets in lieu of the original plat or streets, unless such petition shall be accompanied by a plat show- ing the proposed manner of replatting of the streets, alleys or highways to be dedi- cated in lieu of the street or streets asked to be vacated, and attached to which proposed plat or dedication there shall be the sworn affidavit of the person promosing to make such new plat or dedicate such street for highways, that such proposed plat or dedica- tion of streets will be made immediately upon the vacation prayed for in the petition in consideration thereof. [§ 364, 1903 charter as amended June 7, 1909.] ARTICLE 5—SIDEWALKS. § 112. OWNERS TO REPAIR SIDEWALKS; NOTICE THEREOF. § 113. PERMIT FOR SIDEWALK REPAIRS. § 114. COUNCIL AUTHORITY - OVER SIDEWALKS; ASSESSMENT FOR SIDEWALK REPAIRS. §115. ADVANCES FROM GENERAL FUND. § 116. DAMAGES FOR NEGLIGENCE. [179 ] § 112. OWNERS TO REPAIR SIDEWALKS; NOTICE THEREOF: It is hereby made the duty of all owners of land adjoining any street in the City of Portland to construct, reconstruct and maintain in good repair the sidewalks in front of said lands. The Council shall have power and authority to determine the grade and width of all sidewalks, the material to be used and the specifications for the construction thereof upon any street or part thereof or within any district in said City. If the owner of any lot or part thereof, or parcel of land, shall suffer any side- walk along the same to become out of repair, it shall be the duty of the City Engineer to post a notice on the adjacent property, headed “Notice to Repair Sidewalk,” in letters not less than one inch in length, and said notice shall in legible characters direct the owner, agent or occupant of said property immediately to repair the same in a good and substantial manner, and the City Engineer shall file with the Auditor an affidavit of the posting of such notice, stating the date when and the place where the same was: posted. The Auditor shall upon receiving the affidavits of the City Engineer send by mail a notice to repair said sidewalk to the owner (if known) of such proplerty, or to the agent (if known) of the owner, and directed to the Sostoffice address of such owner or agent, where such postoffice address is known to the Auditor, and if such postoffice address be unknown to the Auditor, such notice shall be directed to such owner or agent at Portland, Oregon. A mistake in the name of the owner or agent, or a name other than that of the true owner or agent of such property shall not render void said notice, but in such case the posted notice shall be sufficient. [§ 384,1903 charter. ] § 113. PERMIT FOR SIDEWALK REPAIRS: The owner, agent or occupant before making said repairs shall obtain from the City Engineer a permit so to do, which shall prescribe the kind of repair to be made, the material to be used and specifications therefor, and the owner, agent or occupant shall make said repairs within twenty days from the date of posting said notice. If the owner, agent or occupant of any such lot or part thereof or parcel of land shall fail, neglect or refuse to make the sidewalk repairs within the time designated, the City Engineer shall make the same, and keep an accurate account of the cost of the labor and materials in making the repairs in front of each lot or parcel of land, and shall report monthly to the Council the cost of such repairs, and a description of the lot or part thereof or parcel of land fronting on the sidewalk typon which such repairs are made. [§885, 1908 Charter.] § 114. COUNCIL AUTHORITY OVER SIDEWALKS; ASSESSMENT FOR SIDE- WALK REPAIRS: The Council shall exercise the same general authority and supervision over side- walk repairs that it shall have in the matter of street improvements; it shall inspect the reports of sidewalk repairs and the cost thereof made by the City Engineer, and if it deems the same to be reasonable it shall approve the same. The Council shall at least once each year by ordinance assess upon each of the lots or parts, thereof or parcels of land fronting upon sidewalks which have been so repaired the cost of making such repairs as approved by the Council and ten per cent additional to defray the cost of notice, engineering and advertising. In each case all such as- sessments may be combined in one assessment roll and the same shall be entered on the Docket of City Liens and collected in the same manner as is provided for special assessments for street improvements. [§386, 1903 Charter. ] § 115. ADVANCES FROM GENERAL FUND: Moneys to repair sidewalks when the repair shall be made by the City Engineer under the charter may, at the discretion of the Council, be advanced from the Gen- [ 180 } eral Fund to be reimbursed by the special assessment when collected. [§3887, 1903 Charter. ] § 116. DAMAGES FOR NEGLIGENCE: It is not only the duty of all owners of land within the City to keep in repairs all sidewalks, constructed or existing in front of, along or abutting upon their re- spective lots or parts thereof and parcels of land, but such owners are hereby de- clared to be liable for all damages to whomsoever resulting, arising from their fault or negligence in failing to put any such sidewalk in repair, after the owner or agent thereof has been notified as provided in the charter so to do; and no action shall be maintained against the City of Portland by any person injured through or by means of any defect in any sidewalk. [§388, 1903 Charter.] ARTICLE 6.—SEWERS AND DRAINS. § 117. COUNCIL MAY ORDER CONSTRUCTION OF SEWERS. § 118. CITY ENGINEER TO MAKE PLANS AND SPECIFICATIONS; DIS- TRICTS; ASSESSMENTS. § 119. PUBLICATION OF RESOLUTION; NOTICES. § 120. REMONSTRANCES. § 121, COUNCIL TO MAKE CONTRACTS. § 117. COUNCIL MAY ORDER CONSTRUCTION OF SEWERS: The Council is hereby authorized and empowered whenever it may deem that the public health, interest or convenience may require, to order to be constructed and laid all sewers and drains, with all necessary manholes, lamp-holes, catch basins and branches, and to repair or relay the same, and to levy and collect an assessment upon all lots and parcels of land specially benefited by such sewers and drains, to defray the whole or any portion of the cost and expense thereof, and to determine what lands are specially benefited by such sewer and the amounts to which each lot or parcel of land is benefited. [§3889, 1908 Charter.] § 118. CITY ENGINEER TO MAKE PLANS AND SPECIFICATIONS; DIS- TRICTS; ASSESSMENTS: Whenever the Council shall deem it expedient or necessary to construct or relay any sewer or drain, it shall require from the City Engineer plans and specifications for an appropriate sewer or drain with all necessary catch basins, manholes, lamp- holes and branches; and pursuant thereto, the City Engineer shall prepare two or more sets of plans and specifications for an appropriate sewer or drain, each set of which shall specify a separate and distinct class or kind of sewer pipe, and estimates of the work to be done and the probable total cost of each style of construction and the City Engineer shall file such plans, specifications and estimates in the office of the Auditor; provided, however, that if there shall be specified in any portion of said sewer or drain a type of construction other than sewer pipe, the City Engi- neer may prepare only one or more sets of plans and specification and estimates of separate and distinct styles of construction for such portion of said sewer or drain. If the Council shall find said sets of specifications; plans and estimates to be satisfactory, it shall approve the same and shall determine the boundaries of the district benefited and to be assessed for such sewer or drain and the action of the Council in the creation of such assessment district shall be final and conclusive. The Council shall, by resolution, declare its purpose to construct said sewer or drain, describe the location thereof and include therein the City Engineer’s estimate of the probable cost thereof according to each of said plans and specifications, and de- fine the boundaries of the assessment district to be benefited and assessed therefor. The action of the Council in declaring its intention to construct or relay a sewer eIsit i or drain, directing the publication thereof, approving and adopting the sets of plans, specifications and estimates of the City Engineer and determining the district benefited thereby and to be assessed therefor, may be done in one and the same resolution. Within twenty (20) days from the date of the first publication of the notice of the Council declaring its intention to construct said sewer or drain, the owner or owners of any property within the assessment district may file with the Auditor a written remonstrance against said proposed sewer or against the adoption of any particular sets of plans or specifications, and the Council, upon hearing said remon- strance may, in its discretion, discontinue proceedings in said matter, but the Council may overrule any and all remonstrances and shall have the power and authority to order the construction of said sewer or drain or for the repair or relaying of the same, and within three months from the date of the final publication of this previous resolution may, by ordinance, provide for the same, which shall substantially con- form to the sets of plans and specifications previously adopted. Upon the passage of said ordinance, the Council without delay, shall give notice by publication of not less than five successive days in the City Official Newspaper, inviting proposals for the construction, repair or relaying of said sewer in accordance with the City En- gineer’s sets of specifications, plans and estimates. The Council shall have power and authority to specify the kind or class of sewer to be constrtcted and shall ex- ercise the same power, authority and supervision in the advertising for bids, award- ing of contracts, and the supervision and accepting of the work as is delegated to said Council in the matter of street improvements so far as consistent with ‘the provisions of this article. The provisions of this article shall not apply to proceedings for the laying of any sewer commenced prior to the adoption of this amendment, and all such pro- ceedings shall be completed in accordance with the provisions of the Charter in force at the time of their commencement, and for such (purpose all provisions of the Char- ter of the City of Portland repealed by this article shall be in force and effect. All sections or parts of sections in conflict with the provisions of this article are hereby repealed in so far as they conflict therewith. [§390, 1903 Charter.] § 119. PUBLICATION OF RESOLUTION; NOTICES: The resolution of the Council declaring its purpose to construct or relay such sewer or drain shall be kept of record in the office of the Auditor and shall be pub- lished for ten consecutive publications, excluding Sundays, in the City Official News- paper. The City Engineer within five days from the first publication of said reso- lution shall cause to be posted conspicuously on the street or streets along the line of the contemplated sewer or drain, at least two notices headed “Notice of Sewer Work,” in letters not less than one inch in length, and said notices shall contain in legible characters a copy of the resolution of the Council and the date of its passage, and the City Engineer shall file with the Auditor an affidavit of the posting of such notices, stating therein the date when, and places where, the same have been posted. [§391, 1903 Charter.] § 120. REMONSTRANCES: Within twenty days from the date of the first publication of the notice re- quired to be published in the preceding section, the owner or owners of any property within the assessment district may file with the Auditor a written remonstrance against said proposed sewer, and the Council upon hearing said remonstrance, may, at its discretion, discontinue proceedings in said matter, but the Council may over- rule any and all remonstrances, and shall have power and authority to order the construction of said sewer or drain, or the repair or relaying of the same, and within three months from the date of the final publication of its previous resolution, may [ 182 ] by ordinance provide for the same, which shall substantially conform to the plans and specifications previously adopted, [§392, 1903 Charter.] §121. COUNCIL TO MAKE CONTRACTS: Upon the passage of said ordinance the Council shall exercise the same power, authority and supervision in the advertisement for bids, awarding contracts, the requiring of bonds, supervising and accepting the work as is granted in the matter of street improvements. [§393, 1903 Charter.] ARTICLE 7.—IMPROVEMENT OF STREETS. 122. DEFINITION OF TERMS “IMPROVE” AND “IMPROVEMENT.” 123. PROCEDURE FOR IMPROVEMENTS. 124. CITY ENGINEER TO MAKE PLANS AND SPECIFICATIONS; DIS- TRICTS; ASSESSMENT. 125. PUBLICATION OF RESOLUTION; NOTICES. 126. REMONSTRRANCES. 127. JURISDICTION OF COUNCIL—WHEN ACQUIRED. 128. COUNCIL TO MAKE CONTRACT. 129,. NOTICE OF COMPLETION; ACCEPTANCE. 130. IMPROVEMENT BY PERMIT. 131. KINDS OF IMPROVEMENTS CLASSIFIED; STREET REPAIRS. 132. COUNCIL’S POWER; STREET SURFACES. COR COR COR Cn CR COR COR COA Ur COR WOR § 122. DEFINITION OF TERMS “IMPROVE” AND “IMPROVEMENT.” The terms “improve” and “improvement” as used in the Local Improvement Code in reference to streets shall be construed to include all grading or regrading, paving or repaving, planking or replanking, macadamizing or remacadamizing, graveling or regraveling, and all manner of bridge work and roadway improvement or repair and all manner of constructing sidewalks, crosswalks, gutters and curbs within any of the streets in the City of Portland, or any part of any such street. [§373, 19038 Charter.] § 123. PROCEDURE FOR IMPROVEMENTS: The Council, whenever it may deem it expedient is hereby authorized and em- powered to order the whole or any part of the streets of the City to be improved, to determine the character, kind and extent of such improvement, to levy and collect an assessment upon' all lots and parcels of land specially benefited by such improve- ments, to defray the whole or any portion of the cost and expense thereof and to de- termine what lands are gpecially benefited by such improvement and the amount to which each parcel or tract of land is benefited. In the improvement of a street or streets with gravel or macadam, suitable tiling shall be laid for drainage and the said gravel or macadam shall be laid in such a manner that the surface of the street shall be not to exceed three (3) inches below the established grade so as to admit of a hard surface covering. The Council, in improving any street or streets or any part or parts thereof, within a district that includes paving, shall require from the City Engineer plans, specifications and estimates for two 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 improvement, and the City Engineer shall file such plans, splecifications and estimates in the office of the Auditor of the City of Portland. If the Council shall find such plans, specifications and estimates to be satisfactory, it shall ap- prove the same and shall determine the boundaries of the district benefited and to be assessed for such improvement and the action of the Council in the creation of such assessment district shall be final and conclusive. The Council shall by reso- [ 183 ] lution declare its purpose of making said improvement, describing the same and also defining the boundaries of the assessment district to be benefited and assessed therefor. The action of the Council in declaring its intention to improve any street or streets or any part or parts thereof, approving and adopting the plans, specifi- cations and estimates of the City Engineer, and determining the district benefited and to be assessed thereby, may all be done at one and the same meeting of the Council. Upon the passage of said resolution by the Council, the Auditor shall without delay give notice by publication for not less than five successive days in the City Official Newspaper, inviting bids for making said improvement; each bid submitted must be accompanied by a certified check equal in amount to ten per cent (10%) of the amount of the bid. When such bids are received and the amount of the lowest responsibile bid for each kind or class of improvement has been ascertained, the Council shall, by resolution, determine the character of the improvement to be laid and the lowest responsible bid, and direct the Auditor to publish a notice declaring its intention of making such improvement, de- scribing the same, defining the boundaries of the district to be benefited and assessed therefor and the amount of the lowest rsponsible bid sub- mitted for such improvement. Upon the passage of said resolution, the Auditor of the City of Portland is hereby authorized to return to the respective bidders the checks stbmitted with their bids, except the check accompanying the bid submitted for the improvement selected, which shall be held until such time as a remonstrance is filed, sufficient to defeat said improvement, a contract and bond executed, as provided by law, or ordered returned by the Council. Within twenty days from the date of the publication of the notice of the determi- nation of the Council of the character of the improvement and the lowest responsible bidder, the owners of three-fifths or more in area of the property within such assess- ment district may make and file with the Auditor a written objection to or remon- Sstrance against said proposed improvement, and said objection or remonstrance shall be a bar to any further proceedings in the making of such improvement for a period of six months unless the owners of one-half or more of the property affected as aforesaid shall subsequently petition therefor: Provided, that if any such objection, monstrance or petition the written authority for such agent or attorney to sign any owner, there shall be filed with the Auditor within the time provided for such re- monstrance or jjetition the written authority for such agent or attorney to sign any such remonstrance, or petition, otherwise the signature shall be disregarded. If no such objection or remonstrance be made and filed with the Auditor within the time designated, or if any remonstrance filed is not legally signed by the owners of three-fifths of the property affected, the Council shall be deemed to have ac- quired jurisdiction to order the improvement to be made, and the Council may there- after and within three months from the date of the final publication of its previous resolution by ordinance provide for making said improvement, which shall conform in all particulars to the plans and specifications previously adopted. When the Council shall, by ordinance, provide for making an improvement, the City shall be deemed to have appropriated and acquired ownership of all earth above grade and within the street lines for said improvement and no private ownership shall thereafter be claimed in said earth. Upon the passage of said ordinance the Council shall without delay enter into a contract with the aforesaid lowest bidder, as determined by said Council. The Council shall have the power to impose such conditions upon bidders with regard to bonds and securities, and guarantees of the good faith and responsibility of bidders, for insuring the faithful completion of the work in strict accordance with the spec- ifications therefor, and to make all rules and regulations in the letting of contracts that may be considered by the said Council as advantageous to the City. It shall be the duty of the Council to fix the time in which every such improvement shall be completed and it may extend such time should the circumstances warrant, and the said Council shall have the power and authority to make all written contracts, to provide for the proper inspection and supervision of all work done under the pro- [ 184 ] visions of this article and to do any other act to secure the faithful carrying out of all contracts, and the making of improvements in strict compliance with the ordin- ances and specifications thereof. The Council shall have the power and authority in providing for any street im- provement to provide for placing in the street, where said improvement is to be made, all necessary service pipes for water, gas, heat, power, sewerage, or any other purpose, and all conduits for electric wires or other punposes, that are or may there- after be necessary. The Council may also provide a certain time after any street improvement is made during which it shall not be torn up or disturbed. The Council shall also have the power and authority to provide that no opening of any street surface shall be made without first obtaining a permit therefor. The Council shall have the power to prescribe and enforce all rules regulating the opening of street surfaces in all streets of the City, which it may deem necessary to secure the replacing of the street in good condition. The provisions of this article shall not apply to street improvement proceedings commenced prior to the adoption of this amendment, and all such proceedings shall be completed in accordance with the provisions of the Charter in force at the time of their commencement, and for such purpose all provisions of the Charter of the City of Portland repealed by this Section shall be in force and effect. All Sections or parts of section of the Local Improvement Code in conflict with the provisions of this Section are hereby repealed in so far as they conflict therewith. [§374, 1903 Charter as Amended June 5, 1911.] § 124. CITY ENGINEER TO MAKE PLANS AND SPECIFICATIONS; DIS- TRICTS; ASSESSMENT: Whenever the Council shall deem it expedient or necessary to improve any street or streets or any part or parts thereof within a district in the City of Portland, it shall require from the City Engineer plans and specifications for an appropriate improvement and estimates of the work to be done and the probable cost thereof, and the City Engineer shall file such plans, specifications and estimates in the office of the Auditor of the City of Portland. If the Council shall find such plans, speci- fications and estimates to be satisfactory, it shall approve the same and shall deter- mine the boundaries of the district benefited and to be assessed for such imiprove- ment, and the action of the Council in the creation of such assessment district shall be final and conclusive. The Council shall by resolution declare its purpose of mak- ing said improvement, describing the same and including such engineers estimate of the probable total cost thereof, and also defining the boundaries of the assess- ment district to be benefited and assessed therefor. The action of the Council in declaring its intention to improve any street or streets or any part or parts thereof,. directing the publication of notice thereof, approving and adopting the plans, speci- fications and estimates of the City Engineer, and determining the district benefited and to be assessed thereby, may all be done in one and the same act. [§375, 1903 Charter, as Amended June 38, 1907.] § 125. PUBLICATION OF RESOLUTION; NOTICES: Pm The resolution of the Council declaring its purpose to improve the street shall be kept of record in the office of the Auditor and shall be published for ten con- secutive publications in the City Official Newspaper. The City Engineer within five days from the first publication of said resolution shall cause to be conspicuously post- ed at each end of the line of the contemplated improvement a notice headed “Notice of Street Work” in letters of not less than one inch in length, and said notice shall contain in legible characters a copy of the resolution of the Council and the date of its adoption, and the Engineer shall file with the Auditor an affidavit of the posting of said notices, stating therein the date when, and places where the same have been posted. [§376, 1903 Charter.] [ 185 ] § 126. REMONSTRANCES: Within twenty days from the date of the first publication of the notice required to be published in the preceding section, the owners of sixty ‘per centum or more in area of the property within such assessment district may make and file with the Auditor a written objection to or remonstrance against said proposed improvement, and said objection or remonstrance shall be a bar to any further proceedings in the making of such improvement for a period of six months unless the owners of one- half or more of the property affected as aforesaid shall subsequently petition there- for; provided, that if any such objection, remonstrance or petition shall be signed by the agent or attorney of any property owner, there shall be filed with the Au- ditor within the time provided for such remonstrance or petition the written au- thority for such agent or attorney to sign any such remonstrance or petition, other- wise the signature shall be disregarded. [§377, 1903 Charter as Amended June 8, 1907.] § 127. JURISDICTION OF COUNCIL—WHEN ACQUIRED. If no such objection or remonstrance be made and filed with the Auditor within the time designated, or if any remonstrance filed is not legally signed by the owners of sixty per centum of the property affected, the Council shall be deemed to have acquired jurisdiction to order the improvement to be made, and the Council may thereafter and within three months from the date of the final publication of its previous resolution by ordinance provide for making said improvement, which shall conform in all particulars to the plans and specifications previously .adopited. When the Council shall, by ordinance, provide for making an improvement, the City shall be deemed to have appropriated and acquired ownership of all earth above grade and within the street lines for said improvement and no private ownership shall thereafter be claimed in said earth. [§3878, 1903 Charter, as Amended June 7, 1909.] § 128. COUNCIL TO MAKE CONTRACT: Upon the passage of said ordinance, the Council shall, without delay, give notice by publication for not less than five successive days in the City Official Newspaper, inviting proposals for making said improvement. The Council shall have the power to award the contract or contracts for said improvement and to impose such condi- tions upon bidders with regard to bonds and securities, and guarantees of the good faith and responsibility of bidders, for insuring the faithful completion of the work in strict accordance with the specifications therefore, and to make all rules and reg- ulations in the letting of contracts that may be considered by said Council as ad- vantageous to the City. Such contract or contracts shall be let to the lowest re- sponsible bidder for either the whole of said improvement or such part thereof as will not materially conflict with the completion of the remainder thereof, but the Council shall have the right to reject any or all proposals received. It shall be the duty of the Council to fix the time in which every such improvement shall be com- pleted and it may extend such time should the circumstances warrant. The said Council shall have power and authority to’ make all written contracts, to receive and approve all bonds authorized by this article, to provide for the proper inspection and supervision of all work done under the provisions of this article, and to do any other act to secure the faithful carrying out of all contracts, and the making of improvements in strict compliance with the ordinances and specifications thereof. [§379, 1903 Charter. ] julie § 129. NOTICE OF COMPLETION; ACCEPTANCE: Whenever any street improvement ,is comipleted in whole or in part to the sat- isfaction of the City Engineer, he shall file a certificate of the completion, and his approval of such work so completed, with the Auditor, who shall thereafter publish a notice of such completion for not less than five successive days in the City Official [ 186 ] Newspaper, stating therein when the acceptance of the same will be considered by the Council, and at that time or at any time prior thereto any owner of any interest in or the agent of any property within the assessment district of said improvement may appear and file objections to the acceptance of said improvement, and such objections shall be considered and the merits thereof determined by said Council, and if it appear that said work or improvement has not been completed in accordance with the specifications and contract, the Council shall require the same to be so completed before accepting it. Whenever any work or improvement is accepted, the Auditor shall endorse its approval on the certificate of the City Engineer, and after the assessment therefor is made and docketed the Mayor and Auditor shall draw warrants on the fund created for said improvement and in favor of the par- ties entitled thereto. [§380, 1903 Charter. ] §130. IMPROVEMENT BY PERMIT: Whenever the grade of any street has been established, the Council may author- ize the owner or owners of any property thereon to cut down or fill up such street in front of such property according to such grade, under the direction of the City Engineer, at the expense of such owner or owners, but the authority mentioned in this section cannot be granted after notice has been given by the Council of inten- tion to improve the street in front of such property. In giving such authority the Council may impose such terms and conditions thereon as may be necessary to secure the deposit of earth or other matter excavated from. the street upon any part there- of which may need to be filled and to charge fees for said permits to cover any ex- pense incurred by the City in the survey and inspection of the work to be done. [§381, 1903 Charter.] § 131. KINDS OF IMPROVEMENTS CLASSIFIED; STREET REPAIRS: The Council shall have power and authority to classify the various kinds of street improvements or pavements between the curb lines of streets, and to deter- mine the number of years for which each class of improvement shall be maintained by the City after the same has been made. The Council shall also have power and authority to determine the class of improvement which shall be made in each and every street within the City. The class of every street improvement ordered by the Council and the number of years for which it shall be maintained by the City shall be stated in each resolution and ordinance providing for a street improvement. When such improvement is made, the City, by and through its Council, shall main- tain and keep in repair all the roadway between. the curb lines, except the portions which railroad or street railway companies are liable to maintain or keep in repair for the full number of years stated in the ordinance providing for their improvement, and the costs thereof shall be paid for out of the fund provided therefor. The Coun- cil shall also have power and ,authority to contract for the maintenance and repair of all that part of any street which the City is liable to maintain or keep in repair for the full number of years for which the City is bound, at the same time that the contract for the street improvement is made, but every contract for street main- tenance and repair shall be awarded in the same manner and subject to the same conditions, so far as applicable, as may be provided for the letting of contracts for street improvements; provided, that no contracts shall be made or entered into for such maintenance and repair of streets which shall bind the City during any one year for any sum of money in excess of the amount authorized in its budget for street repairs. [§382, 1903 Charter.] § 1382. COUNCIL’S POWER; STREET SURFACES: The Council shall have power and authority in providing for any street im- provement requiring a concrete foundation also to provide for placing in the street [ 187 ] where said improvement is to be made, all necessary service pipes for water, gas, heat, power, sewerage or any other purpose, and all conduits for electric wires or other purposes, that are or may thereafter be necessary. The Council may also provide a certain time after any street improvement is made during which it shall not be torn up or disturbed. The Council shall also have — power and authority to provide that no opening of any street surface shall be made without first obtaining a permit therefor. The Council shall have power to pre- scribe and enforce all rules regulating the opening of street surfaces in all streets of the City, which it may deem necessary, to secure the replacing of the street in good condition. [§383, 1903 Charter. ] ARTICLE 8.—SPECIAL ASSESSMENTS. 1383. ESTIMATE OF COST AND APPORTIONMENT; NOTICE. 1384. ASSESSMENT OF BENEFITS. 1385. ASSESSMENTS CONFIRMED. 136. MISTAKES IN PROCEEDINGS. 137. DOCKETING AND PUBLICATION OF ASSESSMENT. 138. DOCKET OF CITY LIENS. 139. LIEN OF ASSESSMENT; PAYMENT. 140. PAYMENT BY LIEN CREDITOR. 141. OWNER—WHAT IS. 142, ASSESSMENT—WHERE PAID. 143. DELINQUENTS. 144. SALE FOR UNPAID ASSESSMENTS. 145. RECEIPTS OF TREASURER. 146. PAYMENTS IN LAWFUL MONEY. 147. CERTIFICATE OF SALE. 148. TREASURER’S RETURN; UNSOLD PROPERTY. 149. REDEMPTION. 150. DEED; EFFECT THEREOF. 151. LIMITATION OF ACTIONS THEREON; TENDER OF TAX. 152. NOTICES—FAILURE IN, NOT FATAL. 153. LIABILITY OF THE CITY AND ITS OFFICERS FOR EXPENSE OF STREET WORK. 1504. ASSESSMENT FOR DEFICIT. 155. SURPLUS. 156, REASSESSMENT. 157. APPEAL THEREFROM. 158. JUDGMENT; COST AND FEES. 159. PROCEEDINGS UNDER PREVIOUS CURATIVE CLAUSE. 160. PROCEEDINGS PRESUMED REGULAR, 161. BONDED ASSESSMENTS ON TRACTS OF LAND; SUBDIVISION OF ASSESSMENTS. COR COR COR COR LOR COR LOD UPD (OP UP (On LOD UL WC? COR CR? COR CO UL? OA LM (On COR COR LP COR COR COR LH § 133. ESTIMATE OF COST AND APPORTIONMENT; NOTICE. Whenever any street improvement, or the construction, reconstruction, or repair of any sewer, any part of the cost of which is to be assessed upon the property benefited thereby, is completed in whole, or in such part that the cost of the whole can be determined, the City Engineer shall certify to the Auditor the accuracy of the original estimate of the work to be done, or if, in progress of the work it has been found necessary to make any alteration in said estimated work for any cause whatsoever, the City Engineer shall file a corrected estimate in detail of such work, and the Auditor shall apportion the cost thereof (except the share to be paid in case of street improvement by railroad or street railway companies, by reason of their use of the streets) upon the lots, parts of lots, and parcels of land benefited thereby and within the assessment district. The contract price based upon the esti- [ 188 ] mate of the City Engineer, the costs of rights of way and expenses of condemning land, and a sum not to exceed five per cent of the contract price as the cost of advertising, engineering, and superintendence, shall be deemed to be the cost of every sewer or street improvement. When the Auditor has ascertained what he may deem a just apportionment of said cost, in accordance with the special and pe- culiar benefits derived by each lot, or part thereof, and parcel of land, the same shall be a proposed assessment, and the Auditor shall give notice of the same by publication for five consecutive insertions in the City Official Newspaper, therein specifying the improvement or sewer for which said proposed assessment is appor- tioned, the whole cost of such improvement or sewer, the boundaries of the district to be assessed therefor, that said proposed assessment has been apportioned and is on file in the office of the Auditor and subject to examination, and also that any objection to such apportionment that may be made in writing to the Council and filed with the Auditor within ten days from the first publication of such notice will be heard and determined by the Council before the passage of any ordinance assess- ing the cost of said improvement or sewer. It shall also be the duty of the Auditor forthwith to send by mail, postpaid, a notice of the share so apportioned to each lot or part thereof, or parcel of land, stating the time within which objections to such apportionment may be made in writng to the Council and filed with the Auditor, to the owner (if known) of each lot, or part thereof, or parcel of land, or to the agent of such owner, directed to the postoffice address of such owner or agent, when such postoffice address is known to him, and if such postoffice address be unknown to him, then such notice shall be directed to such owner or agent at Portland, Oregon. [§$894, 1903 Charter as Amended June 5, 1905.] § 134. ASSESSMENT OF BENEFITS: After the time specified in said notice has elapsed, the Council shall consider said proposed assessment and all objections made thereto, and shall have the power, at its discretion and without any further notice, to consider, ascertain, and determine the amount of the special and peculiar benefits accruing to each lot, or part thereof, or parcel of land so assessed, by reason of the construction, reconstruction, or repair of said sewer, or of the improvement of said street or part thereof, and if the amount apportioned by the Auditor to any lot or part thereof, or parcel of land shall not be in just proportion to such benefits, the assessment against such lot, or part there- of, or parcel of land shall be so reduced or increased by the Council that it shall be in just proportion to such benefits; but in no case shall any such assessment exceed such benefits. The assessment roll shall then be numbered and the Council shall de- clare said assessment by ordinance, which shall designate the improvement or sewer for which the assessment is levied, the number of the assessment roll, and the whole cost of said improvement or sewer, but such assessment need not be set out at large in said ordinance, [§395, 1908 Charter as Amended June 5, 1905.] § 135. ASSESSMENTS CONFIRMED: Each lot or part thereof or parcel of land shall be deemed to be benefited by the sewer construction, reconstruction or repair or street improvement, as the case may be, to the full amount of the assessment levied thereon. [§396, 1903 Charter.] § 136. MISTAKES IN PROCEEDINGS: No such assessment shall be held invalid by reason of failure to enter the name of the owner of any lot or part of a lot or parcel of land so assessed or by a mistake in the name of the owner, or the entry of a name other than the name of the owner, in said assessment, or in any acts or proceedings connected therewith, and no delays, mistakes, errors, or irregularities in any act or proceeding in the improvement of a street or the construction of a sewer or drain shall prejudice or invalidate any final [ 189 ] assessment, but the same may be remedied by subsequent and amended acts or pro- ceedings. [§397, 1903 Charter. ] § 137. DOCKETING AND PUBLICATION OF ASSESSMENT: When an assessment has been declared by ordinance it shall be the duty of the Auditor to enter a statement of said assessment in the Docket of City Liens, to furnish a copy of said assessment to the City Treasurer, and to give notice of said assessment by publishing for five consecutive insertions in the City Official News- paper, a notice which shall specify the improvement or sewer for which said as- sessment is levied, the whole cost of said improvement or sewer, the boundaries of the district assessed, the number and title of the ordinance declaring the said as- sessment, that the same is due and payable, the time when said assessment shall bear interest, and the time when the same shall be delinquent, and to send by mail to each person whose property is assessed, or to his agent, a notice of said’ assessment, when the postoffice address of such person or his agent is known to the Auditor, and if such postoffice address be unknown to the Auditor, such notice shall be directed to such person or agent at Portland, Oregon. [§405, 1908 Charter as Amended June 5, 1905.] § 1388. DOCKET OF CITY LIENS: The Docket of City Liens is a book in which must be entered the following matter in relation to special assessments for local improvements: The date of the entry, the number or letter of each lot assessed and the number or the letter of the block of which it is a part, and a description of each unplatted tract or parcel of land, the sum assessed upon each lot or part thereof, or tract of land, and the name of the owner, or that the owner is unknown; provided, that failing to enter the name of the owner or mistake in the name of the owner, or the entry of a name other than that of the true owner in such lien docket, shall not render void any assessment, nor in any way affect the lien of the City of Portland on the property described in such lien docket. [§406, 1903 Charter.] § 139. LIEN OF ASSESSMENT; PAYMENT: The Docket of City Liens is a public writing, and from the date of the entry therein of an assessment the sum as entered is hereby declared to be a tax levied. and a lien upon such lot, part thereof, or tract of land, which lens shall have pri- ority over all other liens and incumbrances whatsoever thereon, and the sum or sums of money assessed for any local improvement, entered upon such lien docket, shall be due and payable from the date of such entry, and if not paid, or bonded as provided | by law, within ten days from the date of such entry, thereafter the same shall be delinquent and shall bear interest at the legal rate. [§407, 1903 Charter. ] § 140. PAYMENT BY LIEN CREDITOR: When an assessment upon any lot or part thereof becomes delinquent, any fper- son having a lien thereon by judgment, decree or mortgage, or having purchased the same for any celinquent tax or assessment, may at any time before the sale of such lot or part thereof, pay the same, and such payment discharges the property from the effect of the assessment, and the amount of such delinquent taxes and all ac- cruing costs and charges, if any, when so paid, is thereafter to be deemed a part of such lien creditor’s judgment, decree, mortgage or tax lien, as the case may be, and shall bear interest and may be enforced and collected as a part thereof. If the holder of any tax lien or claim pays off such assessment he may there- after present the receipt to the officer who shall have charge of the tax roll or docket containing the record of the tax sale at which he purchased such property, - and thereupon..such officer. shall make a note of the amount of such assessment so [ 190 ] paid by such purchaser, and shall exact repayment thereof, together with interest as above prescribed, from any person making redemption from such sale, and no redemption shall discharge the property from the effect of such sale which shall not include the amount of such assessment paid by the purchaser after the purchaser shall have presented the receipt as above prescribed. [§408, 1903 Charter.] § 141. OWNER—WHAT IS: Whenever any lot or part thereof, or tract of land is sold for a delinquent as- sessment for a street improvement, and afterwards sold for a deficit in such assess- ment, as in the Charter provided, to any person other than the purchaser at the first sale, or his successor in interest, said purchaser at such first sale is to be deemed an owner within the meaning of the Charter. [§409, 1903 Charter.] § 142. ASSESSMENT—WHERE PAID: All such assessments shall be paid to the Treasurer, who shall file duplicate receipts therefor with the Auditor, and the Treasurer shall keep all money collected upon each assessment in a separate fund, and the same shall not be used for any purpose other than that for which it is levied and collected, [$410, 1903 Charter.] § 143. DELINQUENTS: If within thirty days from the date of the entry of an assessment in the Docket of City Liens, the sum assessed upon any lot or part thereof or tract of land is not wholly paid to the Treasurer, and a duplicate receipt filed therefor with the Auditor or bonded as provided by law, the Auditor shall thereafter prepare and transmit to the Treasurer a list in tabular form, made up from the Docket of City Liens, describing each assessment which is delinquent, the name of the person to whom assessed, and a particular description of the property, the amount of the as- sessment due, and other facts necessary to be given. [§411, 1903 Charter. ] § 144. SALE FOR UNPAID ASSESSMENTS: The Treasurer shall thereupon proceed to collect the unpaid assessments named in such list by advertising and selling such lots or tracts in the manner now pro- vided by law for the sale of real property on execution except as herein otherwise provided. Each piece or tract of land shall be sold, separately, and for a sum equal to but not exceeding the unpaid assessment thereon and the interest and cost of ad- vertising and sale; and where there shall be more than one bid the land shall be sold to the bidder offering to take the same for the least amount of penalty and in- terest. Competition shall be, first, upon the penalty for the first period; second, upon the penalty for the succeeding periods; third, upon the rate of interest. A sale of real property under the provisions of the Charter conveys to the purchaser subject to redemption as herein provided, all estates, interests, liens or claims therein or thereto of any person or persons whomsoever, together with all rights and appur- tenances thereunto belonging. No levy upon such lots or parcels of land shall be required except that a notice shall be posted four weeks before said sale upon every lot or parcel assessed to an unknown owner. [§412, 1908 Charter as Amended June 8, 1907.] § 145. RECEIPTS OF TREASURER: The Treasurer shall enter in columns provided for that purpose in the list trans- mitted to him by the Auditor the date of the sale, the name of the purchaser, the amount paid for each parcel of property sold. The Treasurer shall give a receipt to each person paying an assessment on said delinquent list prior to the sale thereof, [191] and such receipt must state separately the assessment, interest and costs collected, and a duplicate of said receipt shall be filed with the Auditor. [§$418, 1903 Charter.] § 1446. PAYMENTS IN LAWFUL MONEY: Real property when sold for, or to satisfy a delinquent assessment or tax, must be sold for lawful money of the United States, and not otherwise; and any one ap- plying or seeking to redeem property so sold as in the Charter provided, must pay or offer to pay the sum necessary in such lawful money, and not otherwise. [§414, 1903 Charter.] § 147. CERTIFICATE OF SALE: The Treasurer shall immediately after having sold any real property upon such list, make and deliver to the purchaser a certificate of sale of the property so sold, setting forth therein the object for which the sale was made, a description of the property sold, a statement of the amount it sold for, the improvement for which the assessment was made, the year in which the tax was levied, the amount of such tax or assessment, the name of the purchaser, and that the sale is made subject to redemption within three years from the date of the certificate, and then deliver such certificate to the purchaser. [§415, 1903 Charter. ] § 148. TREASURER’S RETURN; UNSOLD PROPERTY: The Treasurer shall within three days after sale return to the Auditor the said delinquent list with all collections and sales noted thereon, and the Auditor shall thereupon make proper entries thereof in the Docket of City Liens. Thereafter no transfer or assignment of any certificate of purchase of real property sold under the provisions of the Charter shall be deemed valid unless an entry of such transfer or assignment shall have been noted by the Auditor in said lien docket. In case any property shall remain unsold upon such sale, the same may be again, at the discre- tion of the Auditor, offered for sale in like manner, but not sooner than three months after the expiration of any sale, except that in the matter of an assessment for the opening, widening, laying out or establishing of a street, proceedings for such sale may be taken immediately, [§416, 1903 Charter.] § 149. REDEMPTION: The owner, or his legal representatives, or his successor in interest, or any per- son having a lien by judgment, decree or mortgage, or owner of a tax lien, on any property so sold may redeem the same upon the conditions provided as follows: Redemption of any real property sold for a delinquent assessment under the provisions of the Charter may be made by paying to the Auditor at any time within three years from the date of the certificate of sale the purchase price andi ten per cent thereof as penalty, and interest on the purchase price at the rate of ten per cent per annum, from the date of such certificate. Where redemption shall be made by the holder of a tax lien he shall have the right to have such redemption noted upon the record of his lien in like manner and with like effect as hereinafter prescribed. Provided, however, that if redemption be made within three months from the date of sale, the penalty to be paid shall be five per cent. Such redemption shall discharge the property so sold from the effect of such sale and, if made by a lien creditor, the amount paid for the redemption shall thereafter be deemed a part of his judgment, decree, mortgage or tax lien, as the case may be, and shall bear like interest, and may be enforced and collected as a part thereof. [§417, 1903 Charter.] (boga § 150. DEED; EFFECT THEREOF: After the expiration of three years from the date of such certificate, if no redemp- tion shall have been made, the Treasurer shall execute to the purchaser, his heirs or assigns, a deed of conveyance, containing a description of the property sold, the date of the sale, a statement of the amount bid, of the improvement for which the assessment was made, of the year in which the assessment was levied, that the as- sessment or tax was unpaid at the time of sale, and that no redemption has beer made, and need contain no further recital of the proceedings prior to the sale. And the effect of such deed shall be to convey to the grantee therein named the legal and equitable title in fee simple to the real property in such deed described. And such deed shall be prima facie evidence of title in such grantee, and that all proceedings and acts necessary to make such deed in all respects good and valid have been had and done, and such prima facie evidence shall not be disputed, overcome or rebutted, or the effect thereof avoided, except by satisfactory proof of either— 1. Fraud in making the assessment, or in the assessment or collection of the tax. 2. Payment of the assessment or tax before sale, or redemption after sale. 3. That payment or redemption was prevented by fraud of the purchaser, or 4. That the property was sold for an assessment or tax for which neither said property nor the owner thereof, at the time of sale, was liable, and that no part of the assessment or tax was assassed or levied upon the property sold. [§418, 1903 Charter.] § 151. LIMITATION OF ACTIONS THEREON; TENDER OF TAX: Every action, suit or proceding which may be commenced for the Tecovery of land which shall have been sold by the Chief of Police or by the City Treasurer of said City, or by the Chief of Police of the late City of Albina, Oregon, or by the City Marshal of the late City of East Portland, Oregon, for any assessment or tax, or to quiet the title of the former owner, or his successors in interest against such sale, or to set aside such sale, or to remove the cloud thereof, except in cases where the assessment or tax for which the land has been sold was paid before the sale, or the land redeemed as provided by law, shall be commenced within three years from the time of recording the deed executed by the Chief of Police or by the City Treas- urer or Marshal, and not thereafter. And in any such action, suit or proceeding, whether before or after the issuance of the deed, the party claiming to be the owner as against the party claiming under such sale, must tender with his first pleading in such case and pay into court at the time of filing such pleading the amount of the purchase price for which the lands were sold by the Chief of Police or City Treasurer or Marshal, together with the penalties prescribed by law at the time of such sale, and of all taxes and assessments levied or made upon or against 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 thereon at the rate of ten per cent per annum from the respective times of the payment of such purchase price, taxes and assessments by said purchaser, or his heirs or assigns, as the case may be, up to the time of the filing of such pleading to be paid to such purchaser, his heirs or assigns, in case the right or title of such purchaser at such sale shall fail in such action, suit or proceeding. [§419, 1903 Charter. ] § 152, NOTICES—FAILURE IN, NOT FATAL: No record need be kept of the mailing of any notice in this ordinance prescribed, and the failure to mail or a mistake in the mailing of, or a mistake in, any such no- tice shall not be fatal when notice is posted or published as herein required. [$420, 1903 Charter.] [ 193 ] 153. LIABILITY OF THE CITY AND ITS OFFICERS FOR EXPENSE OF STREET WORK: Neither the City of Portland nor any officer thereof shall be liable for any! portion of the cost or expense of any street work or improvement, or the con- struction or repair of any sewer or drain, which is assessed upon the property bene- fited thereby, by reason of the inability of the City of Portland to collect assessments levied for the payment of such work, improvement, sewer or drain, but the con- tractors doing such work shall be required to rely solely upon the fund accruing from the property benefited, assessed and liable therefor; and the said contractor shall not require nor compel the City of Portland by any legal process or otherwise to pay the same out of any other fund, except in cases where for any reason such assessment shall be invalid. [§421, 1908 Charter. ] §154. ASSESSMENT FOR DEFICIT: If upon the completion of any improvement of a street or construction of a sewer, it is found that the sum assessed therefor is insufficent to defray the cost thereof and the amount charged to any lot or part thereof or tract of land is less than the benefits accruing thereo, the Council must ascertain the deficit and by or- dinance reassess the land so benefited in excess of the original assessment. When the assessment for said deficit is so levied the Auditor must enter the same in the Docket of City Liens in a column reserved for that purpose in the original entry, with the date thereof, and such deficit shall thereafter be a lien upon such lot or part thereof, or parcel of land, in like manner and with like effect as in case of the sum originally assessed, and shall also be payable and may be collected in like man- ner and with like effect as the original assessment. [§398, 1903 Charter.] § 155. SURPLUS: If, upon the completion of any improvement of a street or construction of a sewer, it is found that the sum assessed upon any lot or part thereof, or parcel of land, is more than the amount properly chargeable thereto, the Council must ascer- tain and declare the surplus in like manner as in the case of a deficit; when so de- clared it must be entered as in case of a deficit in the Docket of City Liens. There- after the person who paid such surplus, or his legal representative, heirs or assigns, is entitled to repayment of the same by warrant on the City Treasury, payable out of the fund raised for such improvement. [§399, 1903 Charter.] ' § 156. REASSESSMENT: Whenever an assessment for the opening, altering or grading of any street, or construction, reconstruction or repair of any sewer, or for any local improvement which has been or may hereafter be made by the City, has been or shall hereafter be set aside, annulled, declared or rendered void, or its enforcement refused by any court of this state, or any federal court, having jurisdiction therein, whether directly or by virtue of any decision of such court, or when the Council shall be in doubt as to the validity of such assessment or any part thereof, the Council may, by ordi- nance, make a new assessment or reassessment upon the lots, blocks or parcels of land which have been benefited by such improvement to the extent of their re- spective and proportionate shares of the full value thereof. Such reassessment. shall be based upon the special and peculiar benefit of such improvement, to the re- spective parcels of land assessed, at the time of its original making, but shall not exceed the amount of such original assessment. Interest thereon from the date of delinquency of the original assessment may be added at the discretion of the Coun- cil. Such reassessment shall be made in an equitable manner, as nearly as may be in accordance with the law in force at the time it is made. But the Council may [194 ] adopt a different plan of apportionment of benefits when in its judgment essential to secure an equitable assessment, The proceedings required by the Charter to be had prior to the making of the original assessment shall not be required to be taken or had within the intent of this Section. Such reassessment shall be made and shall become a charge upon the property upon which the same is laid, notwith- standing the omission, failure or neglect of any officer, body or person to comply with the provisions of the Charter connected with or relating to such improvement and assessment and notwithstanding the proceedings of the Council, or any officer, contractor or other person connected with such work may have been irregular or de- fective, whether such irregularity be jurisdictional or otherwise. Such reassessment shall not be made in case of a street improvement wherein a remonstrance sufficient in law to defeat the same shall have been filed. The Council shall by resolution declare the district that will be benefited by the improvement for which the reas- sessment is made andi shall direct the Auditor or City Engineer to prepare a pre- liminary assessment upon the property included therein within a time to be fixed by said resolution. Upon the passage of such resolution the Auditor shall, as soon there- after as such reassessment is prepared, give notice by ten successive publications in the City Official Newspaper that such assessment is on file in his office, giving the date of the passage of the resolution directing the making of the same and the time at which the Council will hear and consider objections to said assessment by parties aggrieved thereby, and warning such persons not to depart until such reas- sessment has been completed. The Auditor shall forthwith mail to the owner of each lot or part thereof or tract of land affected by such assessment, or to his agent, if the postoffice address of either be known to the Auditor, a notice of such assess- ment; and if such postoffice address be unknown, then such notice shall be directed to such owners or agent at Portland, Oregon. The owner or owners of any prop- erty which is assessed on such assessment, or any person having an interest therein, may within ten days from the last publication herein provided, file with the Auditor their objections in writing to such assessment. At the time appointed in such notice the Council shall hear and determine all objections which have been filed by any party interested. The Council shall have power to adjourn such hearing from time to time and shall have the power, in its discretion, to revise and correct, or to set aside and order the remaking of such assessment, and shall pass an ordinance approving and confirming such reassessment as corrected and remade by it, and such decision shall be a final determination of the regularity, validity and correctness of the reassessment, except as herein otherwise provided. When said reassessment is completed and confirmed it shall be entered in the Docket of City Liens and shall be enforced and collected in the same manner that other assessments for local im- provements are enforced and collected under the Charter and the laws governing the City. All sums paid upon the former assessment shall be credited to the property on account of which the same were paid, as of the date of such payment. And when it has been attempted to sell property for any assessment and such sale is found or declared void, upon the making of the reassessment the property shall be resold and the proceeds of such sale shall be paid to the jpurchaser at the former void sale or his assigns. But no proceedings shall be instituted for such reassess- ment unless within ten years of the passage of the resolution of intention for the making of the original work, improvement or repair. [§400, 1903 Charter.] § 157. APPEAL THEREFROM: | Any person who has filed objections to such new assessment or reassessment which have not been satisfied by the amendments made by the Council may appeal to the Circuit Court of the State of Oregon for the County of Multnomah from the assessment against any property owned by him, or in which he has an interest. An appeal shall be taken by serving notice of appeal within twenty days from the pass- age of the ordinance adopting the assessment as amended, upon the Mayor, Auditor or City Attorney, and filing the same, with the proof of service, together with an [ 195 ] undertaking with one or more sureties, who shall have the qualifications of sure- ties on appeal from the Circuit Court to the Supreme Court, and if excepted to shall justify in like manner, conditioned that such appellant will pay all costs and dis- bursements that may be awarded against him an appeal, not exceeding five hundred dollars. Such bond and notice of appeal shall be filed within twenty days from the service of such notice in the office of the Clerk of said Circuit Court, together with a copy of the reassessment, so far as the same affects the property of the appellant. Any number of persons may join in such appeal, and the only question to be determined therein shall be the amount of special benefits equitably to be assessed against the property of each person joining in said appeal. .The jury shall view the property assessed, and its verdict shall be a final and conclusive determination of the question, On such appeal the fact that one called as a juror is a taxpayer of the City of Portland shall not disqualify him from acting as such juror. The City shall be considered the plaintiff and such appeal shall be conducted and be heard and determined as far as practicable in the same manner as an action at law. [§401, 1903 Charter.] § 158. JUDGMENT; COST AND FEES: If the amount assessed by the jury against any appellant be not less than that fixed in the assessment appealed from, the judgment, in addition to declaring the assessment found, shall be entered against such appellant and his sureties for his proportion of the costs of such appeal. The same fees and costs shall be taxed and paid upion such appeal as are allowed in other actions. [§402, 19038 Charter.] § 159. PROCEEDINGS UNDER PREVIOUS CURATIVE CLAUSE: No actions, suits or proceedings pending at the time of the enactment of the Charter, brought or depending upon Section 156 of “An Act to Incorporate the City of Portland and to Provide a Charter Therefor and to Repeal all Acts or Parts of Acts in Conflict Therewith,” filed in the office of the Secretary of State, October 17, 1898, shall be in any wise affected by the repeal of said Section, or its omission from the Charter, but said Section shall be deemed still in effect as to such actions, suits or proceedings so pending until the final determination thereof. [§408, 1908 Charter. ] § 160. PROCEEDINGS PRESUMED REGULAR: In any action, suit or proceeding in any court concerning any assessment of property or levy of taxes authorized by the Charter, or the collection of such tax or proceeding consequent thereon, such assessment, levy, consequent proceeding, and all proceedings connected therewith shall be presumed to be regular and to have been duly done or taken until the contrary is shown. [§404, 1903 Charter.] § 161. BONDED ASSESSMENTS ON TRACTS OF LAND; SUBDIVISION OF ASSESSMENTS: In case a tract or parcel of land is bonded for any public improvement, the Council is authorized upon a written application when such tract is afterwards sub- divided to apportion the lien of indebtedness standing against the whole tract, upon the different lots and is authorized to release a lot or lots upon the payment or rebonding from all liens except the amount thus apportioned against such lot or lots. [§3838B, 1903 Charter.] [ 196 ] Miscellaneous. ARTICLE 1. PUBLIC IMPROVEMENTS. § 162. COUNCIL TO HAVE CHARGE OF PUBLIC IMPROVEMENTS. § 162. COUNCIL TO HAVE CHARGE OF PUBLIC IMPROVEMENTS: The Council shall have the exclusive management of the construction, recon- struction, maintenance and removal of all public and local improvements, including the grading, paving, curbing, or otherwise improving the streets, alleys, parks, boulevards and other public places of the City; all public, district and private sew- ers; of all sidewalks, crosswalks, bridges, elevated roadways, railways, viaducts, tunnels and other like structures; of all buildings to be constructed for or belonging to the City and the grounds surrounding the same; all excavations of streets, alleys or other public places; the erection of poles and stringing of wires, whether done by the city, corporations or individuals, [§202, 1903 Charter.] ARTICLE 2. REPAIR OF STREETS. § 168. COUNCIL TO CAUSE STREETS TO BE REPAIRED. § 163. COUNCIL TO CAUSE STREETS TO BE REPAIRED: The Council shall have power and authority to make all ordinary repairs to streets and elevated roadways and bridges which may be considered advisable. [§204, 1903 Charter.] ARTICLE 3. FRANCHISES. § 164. COUNCIL TO REGULATE FRANCHISE IN STREETS, AND OPER- ATIONS THEREON. § 164. COUNCIL TO REGULATE FRANCHISE IN STREETS, AND OPERA- TIONS THEREON: Whenever the Council shall by ordinance authorize or has heretofore authorized the erection, maintenance and removal of poles, wires and cables for telephones, telegraphs, electric lights, electric railways, electric motors or any other purpose, or the laying down of tracks and turntables for street cars and other railways or the laying and use of underground conduits or subways for the same, in, under, upon or over the streets, alleys or public parks and public grounds of said City, or in, under, over and upon any lands owned by or under control of said City, whether they be inside the limits of said City or not, the Council shall have the power and authority to regulate the manner of carrying out the provisions of any such or- dinance, and may pursuant to ordinance require all wires and cables to be laid in such conduits or subways; and may pursuant to ordinance regulate the kind, manner and character of the rails to be used by the street railway companies and other rail- way companies within the limits of the city; and may require all companies building and operating such roads to conform to the street grades in all streets wherein the same are operated; and may fix and regulate, pursuant to the ordinances of the city, the opening of street surfaces and the places and manner of laying down and taking up all motor, gas, steam, sewer, and other pipes placed in the streets and other public places in said city. [§203, 1903 Charter.] [To] THE CHARTER OF THE CITY OF PORTLAND, OREGON ALPHABETICAL INDEX ABANDONMENT, of franchise, 175, 182. ACCEPTANCE, of franchise, 175. ACCOUNTS, audit of, 195. selection of accountant, 195. publication of, 195. Auditor to keep, 66, 69. Mayor may investigate, 61. ACCOUNTANT, selection of, 195. ACCOUNTING, officer. See Auditor. system of, 58, 185. ACKNOWLEDGEMENT, Auditor may take 68. ACTIONS, existing continued, 5. may be brought how and when, 5. for damages, how brought, 282. ADMINISTRATIVE CODE, Council to enact, 58. ADMINISTRATIVE POWERS, distribution of, 54. ADVERTISING, bids of Dock Commission, 1638, subd. f. invitation for bids, 150. Council may regulate, 34, subd. 39, 40. official, Council to contract for, 144. property leased, 34 subd. 10. property sold at auction, 34, subd. 9. reletting of contract, 145. terms successive and consecutive defined, 147. where made, 146. ALLEYS. See Streets. ANIMALS, cruelty to, Council may prevent, 34, subd. 57. impounding of, 34, subd. 43. running at large, 34, subd. 48. ANNEXATION OF TERRITORY, Auditor to furnish plat, 12. balloting upon, 12. Council to amend boundaries, 14. Council to decide upon submission, 11. effect on county roads, 13. effect on property rights, 18. election for, 12. liability for public improvements, 15. manner of submission, 12. Petition for, requirements, 11. power of city, 10. - when effective, 13. ANNUAL BUDGET, estimate for 185, 186, 187. Council to make, 187. Mayor to prepare, 188. Mayor to submit, 59. publication of, 187. ANNUAL REPORT, Auditor, 66. Civil Service Board, 111. Dock Commission, 163, subd. k. Mayor, 59. APPOINTIVE OFFICERS. See Officers. [ 198 ] PORTLAND CITY CHARTER INDEX. APPOINTMENTS, how made, 93. APPROPRIATION, expense of registration, 134. must be for specific purpose, 193. precede issue of warrants, 193. ASSESSMENTS, benefits for elimination of railroad grade crossings, 272. bonded, reapportionment when property divided, 279. bonding: of, extension of streets, 326. sewer construction, 278. street improvements, 278. cost of improvements, 152. deficit, street extensions, 330. elimination of railroad grade crossings, bonding of, 273. funds, how expended, 193. proceedings pending not affected by charter amendments, 277. rebonding of, 27814. segregation of, street extensions, 332. special, see Improvement Code, 284. street extensions, 321—335. ASSESSMENT COLLECTION BONDS. See Bonds ASSESSMENT COLLECTION FUND. 284a. AUCTION, city property to be sold at, 34, subd. 9. AUDIT OF ACCOUNTS, Council to provide for, 195. Dock Commission books, 163, subd. m. selection of accountant, 195. AUDITOR, acknowledgment, may take, 68. administer oaths, 68. annxation of territory, furnish plat, 12. annual report, 66. annual report of public utilities, 157. audit all accounts, 69. authority limited, 71, 72. bond of, 65. clerk of Council, 77. Civil Service Board, act as secrtary, 99. demands, allowance of, 73, 74. approved by, 73. record of, 69, 70. deputies and clerks, 67. powers of, 67. salaries of, 67. Dock Commission, may audit books, 163, subd. m. drawing of warrants, 75. duties, 65. election of, 21, 123. election ballots, preparation of, 129, 131. canvas of returns, 138. certificate of, 140. file list of candidates, 125. notice, publication of, 125, 135. returns to, 182, subd. a. statement of returns filed with, 139, franchises, record of 180. inventory, annual, 66 licenses, issuance of, 76. [ 199 ] PORTLAND CITY CHARTER INDEX. AUDITOR, continued. nomination petition, preservation of, 124, subd. h. nomination certificates, 124, subd. a-g. ordinances, Dock Commission records of, 163, subd. g. attestation of, 51. ownership books, kept by, 79. payment to negligent official, 72. payment to persons indebted to City, 72. qualifications, 64. records, certified copies of, 78. report on franchises, 66. report on permits, 66. revenue from public utilities, 160. salary, 65. term of, 21, 64. time of assuming office, 1238. vacancy, how filled, 64. warrants, register of, 74. AUDITORIUM. See Public Auditorium. AVENUES. See Streets. AYE AND NAY VOTE, of Council, whn taken, 39, 44. BACK TAXES, annulment, 194. BALLOTS. See Election. BANNERS, across streets, Council to regulate, 34, subd. 41. BARBED WIRE FENCES, Council may prevent, 34, subd. 65. BAWDY HOUSES, Council may suppress, 34, subd. 49. BEGGING, prohibited on streets, 34, subd. 58. BELLS, Council may regulate ringing, 34, subd. 39. BEQUESTS. See also Gifts. Council may accept, 34, subd. 5. BIDDER, city contract, officers and employes not to assist, 95. BIDS, right of Council to reject, 158. BILLBOARDS, Council may regulate, 34, subd. 40. BOARDS, abolishment of existing, 17. Council may create, 17. Council may investigate, 32. power of, exercised by Council, 16. seal of, 34, subd. 16. BOILER INSPECTOR, office of, 34, subd. 28. BONDED INDEBTEDNESS, City not to increase, 34, subd. 24. limitation, 160. refunding, 229. BONDED INDEBTEDNESS INTEREST FUND, tax levy, 190. BONDING ASSESSMENTS. See also Improvement Code, 284. elimination of railroad grade crossings, 273. reapportionment where property is divided, 279. sewer construction, 278. street extensions, 326. street improvements, 278. BONDS, indemnity additional surety 86. Auditor, 65. city to secure employes’ wages under, 34, subd. 14. contractors, conditions, sureties, 149. laborers, etc., right of action on, 149. subordinates may be required to furnish, 90. | [ 200 ] PORTLAND CITY CHARTER INDEX. BONDS, INDEMNITY, continued. Treasurer, 88. municipal, authority to issue, 228, 277. assessment collection, 284a. Bridge Access, 236%. Bridge Access, Series No. 2, 339. Broadway Bridge, 236. construction of sewers beneficial to property both within and without the City of Portland, 275b. Council may regulate, 34, subd. 39. crematory, 165, 238. Docks, 163, subd. 1. disbursement of proceeds, 163, subd. m. sinking fund, 163, subd. 1. validated, 228. exempt from taxation, 229. Fire Boat and Fire Stations, and General Fire Bureau Equipment, 340. fire boat and mains, 287. Fire Department construction, 237a. garbage collection, 228, 252. Grain elevator 292. Hawthorne Avenue Bridge 231, 2382. Harbor Development, 164%. improvement, not included in limitation, 278. improvement, transfer of funds for redemption of, 293. incinerating plant, 165. Jail, 249, 250. limitation on issue, 34, subd. 24. not included in indebtedness, 160. park and boulevard, 230. Playground, 230b. Public Auditorium, 228. sale of, sinking fund, 245. public utilities, 152. purchase by sinking funds, 192. rebonding of assessments, 278% Reconstruction, 230a. Refund Water, 228%. refunding, 229. sale to highest bidder, 227. street extnsion, 326. street improvemnts and sewers, 278. validating previous issues, 228. Water, 228, 228%. official, 23. action on, 23. additional may be required, 86. approval by Council, 28. conditions of, 87. failure to file, 29. filed with Auditor, 23. liability on, 89. premium, how paid, 23. sureties, 23. Council may require additional 23. [ 201 ] PORTLAND CITY CHARTER INDEX. BONDS, OFFICIAL, continued. city officers not accepted as, 87. individuals allowed, 88. justification, 87. requirements, 88. Treasurer, sureties, 88. BOOKS, Council may compel production, 32. BOOKS AND RECORDS. See Records. BOULEVARDS. See also Streets. Council may designate street as, 34, subd. 67. BOUNDARIES, amendment of, 14. description of, 9. BRIBERY, penalty for, 117. BRIDGE ACCESS BONDS. See Bonds. BRIDGE ACCESS BONDS, Series No. 2. See Bonds. BRIDGES, Broadway, bond, 236. charge for cars, 184. county to operate, 184. franchises on, 184. Hawthorne Avenue, 231. regulation of cars over, 184. right of city inalienable, 7. BUDGET. See also Annual Budget. annual, 185-187. Council to act on, 188. Mayor to prepare, 188. publication of, 187. BUILDINGS, city may lease, 2, 8. city may sell, 2, 8. construction of, regulation, 34, subd. 32. extended into street, 34, subd. 65. inspection of, 34, subd. 18. public, city has control of, 2. lighting of, 34, subd. 13. unsafe, removal of, 34, subd. 32, 33. within fire limits, regulation of, 34, subd. 34. CALENDAR, of Council, 38. CANDIDATES, list of, Auditor to file, 125. list of, ballot to contain, 129. CELLARS, regulation of, 34, subd. 30. CERTIFICATE OF ELECTION, Auditor to prepare, 140. CERTIFIED COPIES, Auditor to make, 78. . fees for, 78, 92. CESSPOOLS, must connect with sewer, 34, subd. 29. CHARTER, amendments, on ballots, 130. ~~ ) of 1903, how dsignated, 1. as amended, how designated, 1. effective, when, 288. | emergency clause, 286. franchises subject to, 177. provisions retained as ordinances, 283, 284. repeal of 1898, 285. revision of, 287. specific powers granted Council by 1903, 34. CHIEF OF POLICE. See Police Bureau. [ 202 ] PORTLAND CITY CHARTER INDEZ. CHILDREN, cruelty to, 34, subd. 57. CHURCHES, Council may regulate, 34, subd. 31. CIGARETTES, sale of, regulation, 34, subd. 49. CITIZENS, preference given in employment, 122. CITY ATTORNEY, act for Dock Commission, 163, subd. c. advise Board of Trustees Firemen’s Pension Fund, 223. advise Board of Trustees of Policemen’s Relief and Pension Fund, 317. appointive, 80. deputies of, 81. not subject to Civil Service, 97. number and salaries, 81. qualification, 81. subject to direction of Mayor, 60. CITY BOUNDARIES. See Boundaries, 9, 14. CITY CONTRACTS. See Contracts. CITY EMPLOYES. See also Employes. _ Council may investigate, 32. CITY ENGINEER, appointive, 80. not subject to Civil Service, 97. pass upon franchises, 183. plan elimination of railroad grade crossings, 267, prepare plans for transportation terminal, 183. CITY FUNDS. See also Funds, 191, 192, 193. to be paid into treasury, 94. CITY GOVERNMENT, departments of, 54. CITY HALL, office hours, 34, subd. 19. CITY OFFICIAL NEWSPAPER, Council to select, 144. advertising in, 146. reletting of contract, 145. CITY TREASURER. See also Treasurer. chief deputy, not subject to Civil Service, 97. CIVIL SERVICE, appointments, 100-104. Board to be notified of, 104. how made, 97. persons serving, six years, 106. restriction on, 106. temporary, 105. when permanent, 104. Board, access to public records, 113. appointment, qualifications, 98. annual report, 111. certify employes to Auditor, 113. certify eligible list, 104. continued, 17. control examinations, 102. Council to provide office, 112. designate examiners, 102. eligible list, rules governing, 103. evidence, compel production of, 114. expense, Council to pay, 112. file examination papers, 101. furnish list of public accountants, 195. investigation of removals, 108, 114. keep roster of employes, 113. make and publish rules, 101. [ 203 ] PORTLAND CITY CHARTER INDEX. CIVIL SERVICE, continued. make classifications, 100. may examine records, 114. reports, annual, 111. secretary, administer oaths, 114. appointment, duties, 99. Auditor may act as, salary of, 99. subpoena witnesses, 114. classifications, 106. . Board to make, 100. citizens given preference, 122. Commissioners, appointment, qualifications, 98. misdemeanor, what constitutes, 115. compensation, 98. vacancies, how filled, 98. consulting employes exempted, 83. Dock employes, subject to, 168, subd. j. eligible list, Board to keep, 108. employes, bribery, 117. discharge, investigation, 108, 222. discharge, order of, 109. entitled to certification, 113. political contribution, 116, 119. present incumbents, 110. probationer, discharge of, 104. Public Auditorium, 248. public, defined, 117. reappointment, 109. recommendation, 118. | reduction for political reasons, 119. reduction in force, 109. religion, 118. removal, investigation, 108. roster of, 1138. serving six years, 104, 106. suspensioon of, 109. transfer of, 106. using intoxicating liquors, 106. examinations, Board to control, 102. fraud or misrepresentation, 115. notice of, how held, 102. papers on file, 101. promotions, weight of record, 107. public, competitive, 102. recommendations, 118. who eligible, 102. examiners, designated by Board, 102. misdemeanor, what constitutes, 115. no compensation, 102. firemen, discharge of, 222. investigations, 114. false swearing, perjury, 114. extent of, 108. policemen, discharged, 316. probation period, 104. [ 204 ] PORTLAND CITY CHARTER INDEX. CIVIL SERVICE, continued. promotions, 100, 101. how made, 97. rules for, 107. weight of efficiency record on examination, 107. provisions, refusal to comply with, 120. violation of, a misdemeanor of, 120. violation, Circuit Court Jurisdiction of, 121. violations of, penalty, 121. reappointments, order of, 109. recommendations relating to religion, 118. removals, investigation, 108. residents given preference, 122. roster of employes, 113. rules, Board to make and publish, 101. for promotions, 107. governing eligible list, 103. to whom applied, exceptions, 97. secretary, not subject to Civil Service, 97. suspensions, 109. temporary appointments, 105. vacancies, how filled, 104, 107. CLAIMS. See Demands, 69-75, 193. damages, action on, 282. CLEANLINESS, city to provide for, 34, subd. 25. CLERKS. See Employes. CLERK OF COUNCIL, 77. CODIFICATION OF ORDINANCES, 287. COMMERCIAL RAILROADS. See Railroads. COMMISSIONS, abolishment of existing, 17. Council may create, 17. powers of exercised by Council, 16. COMMISSIONERS. See also Officers. action on bond, 23. appoint and remove subordinates, 82. assignment to departments, 55. bond, 28. contracts, interest in prohibited, 24, 25. control of department, 56. election of, 21, 123. election, tie in, Council to determine, 141. entire time to city business, 26. estimate expenses, 186. interest in public service corporations prohibited, 24. may object to ordinances, 52. not subject to suspension, 62. oath of, 27. other business prohibited, 26. pay to cease when, 29. qualifications, 22. salary, 28. subject to power reserved in people, 20. term of, 21. vacancy in office, 22, 24, 29, 30. [ 205 J PORTLAND CITY CHARTER INDEX. COMMON TRANSPORTATION TERMINAL, plans for, 183. relation to franchises, 183. COMMON USER, franchise, 177, subd. e. railroad tracks, 169. COMPETITIVE BIDDING, improvement and supplies, 150, 295. CONCEALED WEAPONS, carrying of, 34, subd. 56. CONSECUTIVE, defined, 147. CONSULTING EMPLOYES, see employes. CONTESTED ELECTIONS. See Elections. CONTRACTS, authorized by Council, 148. Council may provide for entering into, 34, subd. 4. Dock Commission, letting of, 163, subd. f. elimination of railroad grade crossings, 272. existing liability validated, 6. 5% preferential, local concerns, 295. in writing when, 148. legal proceedings to enforce, 5. limit of duration, 34, subd. 4. lowest responsible bidder, 150, 295. Mayor and Commissioners not to be interested in, 24. Officers and employes not to be interested in, 25, 91, 95. official advertising, reletting of, 144, 145. over $250.00 to be in writing, 148. Public Auditorium, 241. street lighting, 34, subd. 13. violations, report of, 63. CONTRACTORS, bond, laborer’s right of action on, 149. sureties on, 149. city to secure wages of employes of, 34, subd. 14. CORPORATE NAME, of city, 2. CORPORATE POWERS, continuation of, 2. COUNCIL, action on budget, 188. acts not invalidated by participation of deposed member, 29. appropriate land for sewer and water mains, 34, subd. 11. aye and nay vote, when taken, 39. calendar of, 38. clerk of, 77. election of president, 37. emergency fund, 31; 34, subd. 22. enact administrative code, 58. enumeration of power not a limitation, 36. estimate value of franchise, 174. exercise power of former boards, 16. files of, 77. general grant of power, 18, 20. investigate public utilities, 156. issue public utilities certificates, 155. journal of, 42, 77. judge of election of members, 141. jurisdiction over the Willamette River, 34, subd. 75, 78. jurisdiction relating to transportation terminals, 183. limit expenditures, 193. may change block designations, 34, subd. 68. may create boards and commissions, 17. may create office of building inspector, 34, subd. 34. [ 206 ] PORTLAND CITY CHARTER INDEX. COUNCIL, continued. meetings. of, 37. when held, public, 42. members, may punish, 41. may compel attendance of, 41. personal liability, 193. privilege in debate, 40. police power, 34, subd. 1. power, specific grant of, 34. of eminent domain, 34, subd. 11. of enacting franchises, 176. subject to initiative and referendum, 20. to abolish boards and commissions, 17. to purchase or condemn property, 34, subd. 6. prescribe duties of officers and employs, 57. presiding officer of, 37. president of, to sign ordinances, 51. quorum of, 43. record of, 77. right to reject bids, 150. rules of procedure, 41. tax levy, 180, 190. tax levy for docks, 163, subd. k. transaction of business, 44. transfer funds, 191, 192. vacancies in office of Mayor and Commissioners, 30. voting, manner of, 44. what constitutes, 20. COUNCILMEN. See Commissioners. COUNTY ROADS, effect of annexation, 13. relinquished as streets, 276. within the city, 276. CREMATORY, bonds, 165, 238. management of, 238. CRIPPLES, exhibition of, 34, subd. 58. CRUELTY TO CHILDREN AND ANIMALS, Council may prevent, 34. subd. 57. DAMAGES, action to recover, 282. DAY WORK, employes of city, 122. DEBATE, members of Council privileged in, 40. DEBTS, Council to pay, 34, subd. 20. limit of, 160, 228. DEFALCATION, city officer, suspension for, 62. DEFECTIVE STREETS AND SIDEWALKS, city not liable, 281. DELINQUENT TAXES, property purchased for, 34, subd. 8. DEMANDS, allowance of, 73, 74. approval, limited, 71-73. how paid, 75. interest on fixed charges, payment of, 193. no preference given, 74. record, Auditor to keep, 69, 70. persons indebted to city, 72. DEPARTMENTS, of city, 54. account of record, 58. assignment of Commissioners, 55. cost data, 58. [ 207 ] PORTLAND CITY CHARTER INDEX. DEPARTMENTS, of city, continued. Council may investigate, 32. efficiency record, 58. employes, bonds, 90. expenditures, comparison of, 58. time reports, 58. DEPOT, streets near not to be vacated, 7. DETENTION HOME, Council may establish, 35. DISEASE, contagious, city to prevent, 34, subd. 25. DOCKS, charges for use of, 163, subd. h. Commission may build, 168, subd. i. Department of, 17, 161. jurdiction over, 34, subd. 77, 78. right of city inalienable, 7. streets occupied for improvement of, 8. vacation of streets for, 163, subd. 1. Dock Act, of 1907 repealed, 164. - no effect on Port of Portland, 163, subd. e. DOCK BONDS. See also Bonds. disbursements, sinking fund, 1638, subd. 1, m. DOCK COMMISSION, appointment of, 162. audit of books, 1638, subd. m. City Attorney to act to act for, 163, subd. c. contracts, 163, subd. f. control of harbor, 163, subd. e. control over streets, 163, subd. e. control water front property, 163, subd. d, e. municipal grain elevator, 292. officers and employments, 1638, subd. j. ordinances, record of, 168, subd. g. organization of, 162. pass upon franchises, 183. permits for water front structures, 163, subd. g. plans of, 163, subd. a, b. powers and duties of, 163. power over streets, 163, subd. i. - prepare plans for transportation terminal, 183. property of, 168, subd. c. purchase of supplies, 163. rates, power to fix, 163, subd. h. regulations, 163, subd. g. right of eminent domain, 163, subd. c. serve without compensation, 162. tax levy, 1638, subd. k. vacancies, 162. DOCKAGE CHARGES, Dock Commission may fix, 168, subd. h. DOGS, Council may regulate keeping of, 34, subd. 44. impounding of, 34, subd. 44. EFFICIENCY RECORD. See also Record. each department to keep, 58. ELECTION, annexation of territory, 12. ballots, boxes, when opened, 132, subd. a. candidates’ statements on, 1380. . counting of, 1382, subd. a. defacing or tearing, 129. [ 208 ] PORTLAND CITY CHARTER INDEX. errors on, 129. form, 129, 130. how counted, 132, subd. d. marks on, 129. sample, 131. posting at polls, 131. publication of, 181. space for measures on, 130. special, 129. wrongly marking, 129. candidates, list of, 125. majority vote elects, 132, subd. d, f. statement on ballot, 130. tie of vote, 132, subd. g. certificate of, 140. primary evidence, 141. Commissioners, tie, Council to decide, 141. contested, how determined, 142. date of, 134. general municipal, 123. informalities, 126. judges and clerks, how chosen, 136. not subject to Civil Service, 97. remonstrances, objections, 136. majority, meaning of, 132, subd. h. majority vote elects, 132, subd. d, f. nominations, acceptance, 124, subd. e. Auditor to supply forms, 124, subd. g. certificates, form of, 124, subd. b. of officers, 124. petitions, amendment, 124, subd. d. certificates for, 124, subd. a. filing of, 124, subd. c. preservation of, 124, subd. h. notice, publication of, 125, 135. posting’ of, 125. officers, 123. duties of, 127. notice, 125. precinct register, 128. preferential voting, how counted, 132, subd. b, f. system of, 129. qualification of voters, 127. registration, books, time kept open, 128. expense of, how paid, 133. of voters, 127, 128. returns, canvass of, 127, 132, 1388, 139, subd. a. state laws, applicable, 127, 128. tally sheet, 132, subd. ec. tie of vote, 132, subd. g. time of assuming office, 123. validity not affected by irregularities, 124, subd. f. votes, how counted, 132, subd. b, f. majority elects, 132, subd. d, e, f. meaning of majority, 132, subd. h. voters, qualifications, 127, 137. { 209 ] PORTLAND CITY CHARTER INDEX. ELECTIVE OFFICERS. See Officers. ELECTORS, registration, 127, 128. EMERGENCY CLAUSE, charter 1903, 286. EMERGENCY FUND, 31, 34, subd. 22. EMERGENCY ORDINANCES. See Ordinances. EMINENT DOMAIN, city has right of 2, 34, subd. 11. Dock Commission has right, of, 163, subd. c. public utilities, 151. right outside city limits, 3. EMPLOYES. See also Civil Service. aid Civil Service investigations, 114. appointment, of 93 bonds, 90. bribery, when guilty, 117. Bureaus of Fire and Police, salary increases, 190-1b. city contracts, interest in, 91. not to aid in securing, 95. city property, lease or purchase, 91. Civil Service. See Civil Service. consulting, 83. Department of Public Docks, 163, subd. j. disposition of city money, 94. duties of, 57. eight-hour day, 122. false reports, 95. firemen, discharge of 222. franchise, interest in, 91. hold over, 143. Mayor may investigate, 61. policemen, discharge of, 316. political contributions, 119. public, defined, 117. public service corporations, interest in, 91. reinstatement of, 110%. report violations of contracts, 63. salary, full compensation, 94. serve one or more departments, 57. time required of, 96. transfer of, 58. two platoon system, Bureau of Fire, 122a. ENACTING CLAUSE, of ordinances, 46. ESTIMATE, for taxation, 188. of expenses, 186, 188. EVIDENCE, compel production of 32, 199. EXCLUSIVE FRANCHISE, no power to grant, 171. EXECUTION, Council may purchase property under, 34, subd. 7. EXECUTIVE BOARD, abolished, 17. power of vested in Council, 16. EXECUTIVE POWER, distribution of, 54. EXISTING EMPLOYES, entitled to appointment, 104. EXISTING ORDINANCES. See Ordinances. EXPENDITURES, Council may limit, 193. Firemen’s Pension Board, 198. Policemen’s Pension Board, 298. publication of, 58. statement of, 66. [ 210 ] PORTLAND CITY CHARTER INDEX. EXPENSES, annual budget of, 188. Civil Service Board, 112. estimate of, 186. EXPERTS, Council may appoint, 83. EXPLOSIVES, Council may regulate, 34, subd. 36, 37. EXTENSION OF STREETS. See Streets. FALSE REPORTS, officers and employes, 95. FENCES, barbed wire prohibited, 34, subd. 65. FENDERS, Council may require, 34, subd. 46. FERRIES, county to operate, 184. FEES, certified copies of records, 78, 92. establishing grades, 34, subd. 18. officers, 34, subd. 17. surveying, 34, subd. 18. FIGHTING, Council may punish, 34, subd. 52. FILLS, tax levy for, 190. FINANCE, annual budget, 186. Coommissioner of, 185. expenditure of money, 193. Firemen’s Pension Fund, 198. fiscal year, 189. investment of sinking fund, 192. liabilities in excess of revenue void, 193. Policemen’s Pnsion Board, 298. semi-annual statement, 58. tax levy, 188, 190. transfer of funds, 191, 192. FINANCIAL AFFAIRS, audit of, 195. audit to be published, 195. statement of, 185. FINANCIAL CONDITION, publication of, 58. FINE, Council power to levy, 34 subd. 3. for destruction of property, 34, subd. 47. limit of, 34, subd. 3, 35. FIRE, Council may take means to prevent, 34, subd. 36, 37. Council to provide for protection against, 34, subd. 35. FIREARMS, Council may regulate, 34, subd. 38. FIRE BOAT AND FIRE STATIONS AND GENERAL FIRE BUREAU EQUIPMENT BONDS. See Bonds. FIRE BOAT BONDS, 237. FIRE DEPARTMENT CONSTRUCTION BONDS. See Bonds. FIRE ESCAPES, Council may require, 34, subd. 35. FIRE LIMITS, Council may define, 34, subd. 34. FIRE MAIN BONDS, 237. FIREMEN, discharge of, 222. Pension Fund, 197. FIRE STOPS, construction of, 294. FIREWORKS, Council may regulate, 34, subd. 38. FIREMEN’S RELIEF AND PENSION FUND, accounts open for inspection, 219. act part of charter, 226. appeals, 200. back pensions, 218. beneficiariess, who are, 196, 215. board of trustees, 198. City Attorney to advise, 223. [ 211 ] PORTLAND CITY CHARTER INDEX. POLICEMEN’S RELIEF AND PENSION FUND, Continued. organization, 198. powers of, 199, 214. report to Council, 198. rules and regulations, 199. | creation of, 196. discharge of firemen, 222. division of fire and police fund, 220. emergency duty by pensioner, 214. funeral expenses, 212. how disbursed, 201. investment of, 199. pensions, applications, 213. certificate of, 216. exempt from execution, 221. forfeiture, 217. payable monthly, 205. permanent disability, 207. prorated when fund insufficient, 218. retirement, 206. sickness, 209. temporary disability, 208. temporary firemen, 211. widows and children, 210. percentage of salariess deducted, 204. powers of Council, 225. repealing clause, 224. source of, 197. tax levy for, 190. tax levy, limitation, 203. Treasurer, 201. FISCAL YEAR, 189. FOOD, council may regulate sale of, 34, subd. 73. FRANCHISE, abandonment, 175, 182. abandonment no release, 182. acceptance, 175. assignment of, 178, 179. Auditor to report on, 66. city may acquire, 151. common user, 169, 177, subd. e. compensation, 177, subd. d, e. conditions of, 174, 176, 177. Council eistimate value, 174. deemed to be property, 166. exclusive prohibited, 171. forfeiture of, 181, 182. forfeiture for failure to comply with charter, 158. forfeiture, removal, restoration, 182. granted by Council, 159. holders file statement, 179. holders to improve streets, 177, subd. f. how granted, 172. industrial tracks, 167. lease of, 178, 179. Mayor may sue to annul, 60. [ 212 ] PORTLAND CITY CHARTER INDEX. FRANCHISE, Continued. mortgage of, 179. not used, forfeited, 181. objections to granting, 172. officers and employes not to be interested in, 91. on Broadway Bridge, 236. ordinance, effective when, 173. method of enacting, 172. subject to referendum, 173. over bridges, 184. property of grantee, city may take over, 177, subd. a. publication of, 172. rates, charges, etc., 174. record of, public, 180. record of, what to show, 180. regulation of rates, 174. relation to common transportation terminal, 183. reports, failure to make penalty, 157. reports, form of, 157. rights on Hawthorne Avenue Bridge, 235. subject to charter, 177. subject to charter provisions, 159. subject to initiative and referendum, 159. submitted to City Engineer, 183. submitted to the Dock Commission, 183. taxation of, 166. taxing power of city, 177, subd. d. time limit, 170. transfer of, 178, 179. transfer of, consent of city, 179. what to contain, 174. FREE EMPLOYMENT BUREAU, Council may establish, 34, subd. 7314. FUNDS, assessment, expenditure of, 193. reversion to general fund, 192. transfer of, 191, 192. GAMBLING, Council may prevent, 34, subd. 49. GARBAGE COLLECTION BONDS, See Bonds. GARBAGE. See also crematory, rate, 165. GARBAGE COLLECTION. See Municipal Garbage Collection. Council to provide rate, 238. GARBAGE CREMATORY. See Crematory. GAS MAINS, Council may compel service mains, 34, subd. 11. GENERAL FUND, reversion of funds to, 192. tax levy, 190. transfer of, 191, 192. GIFTS, city may accept. 2. Council may accept, 34, subd. 5. GOVERNMENTAL POWER, acquire and operate public utilities, 151. public utilities, 152. GRADE CROSSINGS. See Railroad Grade Crossings.. tax levy for elimination, 190. GRADES. See Street Grades. | fees for establishing, 34, subd. 18. right to establish and change, 275. GRAIN ELEVATOR BONDS. See Bonds. [ 213 ] PORTLAND CITY CHARTER INDEX. HARBOR, controlled by Dock Commission, 163, subd. e. HARBOR DEVELOPMENT BONDS. See Bonds. HARBOR LINE, Council to establish, 34, subd. 76. HARBORMASTER, Council to provide for, 34, subd. 74. HAWTHORNE AVENUE BRIDGE, bonds. See Bonds. HEALTH, Council to provide for, 34, subd. 25. HEALTH DEPARTMENT, members not subject to Civil Service, 97. HIGHWAYS, See Streets. HITCHING POSTS, Council to regulate, 34, subd. 62. HOSPITALS, for contagious diseases, city to furnish, 34, subd. 25. HOTELS, Council may regulate, 34, subd: 30. IMPRISONMENT, Council to provide for, 35. limit of, 34, subd. 3. IMPROVEMENT BONDS, transfer of funds for redemption of, 293. IMPROVEMENT CODE, 284. IMPROVEMENTS, public, annexed territory liable for, 15. city may assess cost, 152. city may construct, 152. contract to lowest responsible bidder, 150. Council may construct, 150. INCINERATING PLANT, bonds for, 165. INDEBTED TO CITY. See Demands. INDEBTEDNESS, bonds not included, 160. limit of, 160. INDUSTRIAL HOME, Council may provide, 35. INDUSTRIAL TRACKS, Council may authorize, 166. INITIATIVE, exercise of, 19. franchise subject to, 159. power of Council subject to, 20. INITIATIVE MEASURE, time of taking effect, 49. INJURY, defective sidewalks, etc., remedy, 281. INSPECTION, books and records, 92. INTOXICATION, Council may ‘punish, 34, subd. 52. INTOXICATING LIQUORS. See Liquors. INVENTORY, Auditor to make, 66. of supplies, 58. INVESTIGATIONS, Civil Service, 108, 114. Council may make, 82. expense, how paid, 61. of public utilities, 156. suspension of officer pending, 62. JAIL, construction of, 251. Council may establish, 34, subd. 59. JAIL BONDS, 249, 250. JOURNAL, of Council, public record, 42. proceedings of Council, 42. JUDGES AND CLERKS. See Elections. LABORERS, action on contractor’s bond, 149. Council may employ on public improvement, 150. employment of, preference given citizens and residents, 122. minimum wage, 122. LAND, Council may appropriate for sewer or water mains, 34, subd. 11. owned by city, control of, 2. right of city to sell or lease, 2. [ 214 ] PORTLAND CITY CHARTER INDEX, LANES. See Streets. LAUNDRIKES, exclusion from city, 34, subd. 27. LEASE, of city property, 34, subd. 10. of city property, how authorized, 34, subd. 10. of city property, limit of, 34, subd. 10. LEGAL PROCEEDINGS, existing, continued, 5. how and when instituted, 5. LEGAL VOTERS. See Voters. LEVEES, city has control of, 2. right of city to sell or lease, 2. LIABILITY, Council to provide money to pay, 34, subd. 20. effect of annexation upon, 13. in excess of revenue void, 193. on contracts, 148. on contracts validated, 6. LIBRARIAN, not subject to Civil Service, 97. LICENSE, limit of, 34, subd. 21. LICENSE FEES, vehicles, disposition of, 34, subd. 21. LICENSES, Auditor to issue, 76. Council to grant, 34, subd. 21. LIGHTING. See also Street Lighting. public buildngs, 34, subd. 13. municipal plant, Council may provide, 34, subd. 13. LIQUOR, city employees using to excess, 106. Council may regulate sale of, 34, subd. 48. sale of near schools, 34, subd. 48. sale of near schools prohibited, 33. LOCAL IMPROVEMENT CODE, procedure under, 284, repeal and amendmnt of, 284. LODGING HOUSES, Council may regulate, 34, subd. 30. LOTTERIES, Council may prevent, 34, subd. 49. LOWEST RESPONSIBLE BIDDER, Contract to be let to, 150, 295. MALFEASANCE, forfeiture on official bond, 23. of officers, 193. MATERIAL MEN, action on contractor’s bond, 149. MAYOR. See also Officers. action on bond, 23. administer oaths, 61. annual budget, 59, 188. annual message, time of filing, 188. appoint Civil Service Commissioners, 98. appoint Dock Commission, 162. approve bonds, 149. assign Commissioners to departments, 55. bond, 23. Civil Service Board, may require reports, 111. contracts, violations to be reported to, 68. ..... distribute work among departments, 54. Dock Commission books, may audit, 163, subd. m. drawing of warrants, 75. duties, annual message, 59, 60. entire time to city business, 26. failure to file bond, 29. failure to take oath, 29. filling of vacancy in office, 30. [ 215 ] PORTLAND CITY CHARTER INDEX. MAYOR, continued. forfeiture on bond, 23: how elected, 21. interst in city contract renders same void, 25. interest in city contracts prohibited, 24. interest in public service corporations prohibited, 24. investigate city property, 61. franchises, 60. offices and accounts, 61. investigation, suspend officers pending, 62. report to Council, 61. message, annual, 59. not to hold other office, 26. oath, 27. office deemed vacant when, 22, 24. pay to cease when, 29. prepare inventory public properties, 183. president of Council to act as, 37. presiding officer of Council, 37. prohibited from serving political party, 26. qualifications, 22. report to Council investigations, 61. salary, 28. secret service fund, 34, subd. 23. secretary, not subject to Civil Service, 97. sign bonds, 163, subd. 1. subject to powers reserved to people, 20. sue to annul franchise, 60. term of, 21, 123. time of assuming office, 123. to sign ordinances, 51. vacancy in office, 29. when elected, term, 128. MARKETS, Council to regulate, 34, subd. 72. MECHANICS, employment of, citizens and residents given prefernce, 122. securing wages under city bond, 34, subd. 14. MEETINGS, of Council, public, 42. of Council, when held, 42. MINIMUM WAGE, laborers, 122. MINORS, sale of tobacco to, 34, subd. 49. of Council, when held, 42. MISDEMEANOR, 116, 115. violation of Civil Service provisions, 120, 121. MONEY. See also City Funds. Council provide for paying debts, 34, subd. 20. expenditure of, 193. for public utilities, 152. public, collection of, 185. transfer from one fund to another, 191. MULTNOMAH COUNTY, Clerk, levy city taxs, 188. canvass election returns, 138. maintain bridges and ferries, 184, 235, 236. registration, reimbursement for cost, 133. tax levy, no compensation for, 188. MUNICIPAL GRAIN ELEVATOR, 292. [ 216 ] PORTLAND CITY CHARTER INDEX. MUNICIPAL JAIL, construction, 251. bonds, 249, 250. MUNICIPAL COURT, seal of, 34, subd. 16. MUNICIPAL GARBAGE COLLECTION, bonds, 252. MUNICIPAL JUDGE, appointive, 80. qualifications, 81. MUNICIPAL LIGHTING PLANT. See Lighting. MUNICIPAL WORK. See Public Improvement. NAVIGABLE WATERS, street near not to be vacated, 7. NOMINATION OF OFFICERS, 124. acceptance, 124, subd. e. certificates, form of, 124, subd. b. Auditor to furnish certificates, 124, subd. g. irregularity of petition, 124, subd. f. petitions, preservation of, 124, subd. h. NOMINATIONS, certain ones void, 289. NOTICE, application for franchise, 172. amendment of, 124, subd. d. certificates, 124, subd. a. filing, 124, subd. c. NUISANCES, Council to prevent, 34, subd. 26. NUMBERING OF HOUSES, Council to regulate, 34, subd. 69. elections, 1385. posting of, 125. publication of, 125. OATH, Auditor power to administer, 68. failure of Mayor and Commissioners to take, 29. Mayor may administer, 61. of Mayor and Commissioners, 27. Council may administer, 32. Secretary of Civil Service Board may administer, 114. OBSCENE LITERATURE, Council may prevent sale of, 34, subd. 50. OBSCENE PICTURES, Council may prevent sale of, 34, subd. 50: OFFICE HOURS, Council to fix, 34, subd. 19. OFFICES, Council may create or abolish, 82. OFFICERS, absence, salary withheld, 72. aid Civil Service investigations, 114. appointmnt, how made, 93. appointive, 80. removal of, 81. vacancy, 81. qualifications, 81. bond, additional may be required, 86. conditions of, 87. lability on, 89. sureties, city officers not accepted as, 87. individuals allowed as, 88. justification, 87. requirements of, 88. bribery, when guilty of, 117. city contracts, interest in prohibited, 91. not to aid in securing, 95. city property, purchase or lease prohibited, 91. Council to prescribe duties, 57. Council may investiogate, 32. [ 217] ~ PORTLAND CITY CHARTER INDEX. OFFICERS, continued. Council may provide seal, 34, subd. 16. Department of Public Docks, 168, subd. j. disposition of city money, 94. election, duties, 127. notice of, 135. elective, action on bond, 23. Civil Service, not subject to, 97. malfeasance or delinquency, 23. nominations, 124. present incumbnts, 123. qualifications, 22. term of, how elected, 21. time of assuming office, 123. when elected, 123. false reports on certificates, 95. fees of, Council to regulate, 34, subd. 17. franchise, interst in prohibited, 91. hold but one office, 85. indebted to city, salary withheld, 72. liable for subordinates, 89. malfeasance, 193. Mayor may investigate, 61. negligent, salary withheld, 72. nomination, acceptance, 124, subd. e. certificate, form of, 124, subd. b. petition, amendment of, 124, subd. d. Auditor to supply forms for, 124, subd. g. filing of, 124, subd. c. irregularities in, 124, subd. f. preservation of, 124 subd. h. official books, etc., delivery to successor, 84. political influence prohibited, 119. political service disregarded, 119. present incumbent hold over, 1438. public defined, 117. public service corporations, interest in prohibited, 91. qualifications, 85. report violations of contracts, 63. salary, full compensation, 94. serve one or more departments, 57. subordinates, bonds required of, 90. suspension pending investigations, 62. time of assuming office, 123. time required of, 96. when elected, 123. women, need not be voters, 85. wrongful payment of salary, action against, 113. OFFICIAL ADVERTISING. See Advertising. OFFICIAL BONDS. See Bonds. OFFICIAL BOOKS, PAPERS, ETC., city property, 84. keeping of, 84. open to inspection, 84. OPIUM SMOKING, Council may prevent, 34, subd. 49. [ 218 ] PORTLAND CITY CHARTER INDEX. ORDINANCES, amendment of, 50. appropriation, manner of drawing, 45. time of taking effect, 48. attestation of, 51. charter provisions retained as, 283, 284, codification of, 287. Dock Commission, charges, 163, subd. h. creating offices, etc., 163, subd. j. record of, 163, subd. g. subject to referendum, 163, subd. g. emergency, manner of passage, 47. time of taking effect, 48. existing continued, 53. enacting clause, 46. franchise, effective when, 173. method of enacting, 172. what to contain, 172. initiative, time of taking: effect, 49. limited to one subject, 45. manner of drawing, 45. manner of enacting, 44. manner of passage, 47. objections to, 52. punishment for violation, 34, subd. 3, 35. referendum, time of taking effect, 49. record of, 51. repeal of, 50. time of taking effect, 48. OREGON HISTORICAL SOCIETY, space in Public Auditorium, 242. OWNERSHIP BOOKS, Auditor to keep, 79. PARKS, act of 1899 not applicable to Portland, 280. bonds. See Bonds. city has control of, 2. Playground Bonds, 230 b. playgrounds, tax levy, 190. under jurisdiction of Council, 34, subd. 60, 61. improvement of, Council provide for, 34, subd. 12. Reconstruction Bonds, 230 a. rights of city inalienable, 7. right of city to lease or sell, 2. tax levy for, 190. PAROLE, of city prisoners, 35. PENDING PROCEEDINGS, streets, net affected by charter amendments, 277. PENSIONS. See Firemen’s Relief and Pension Fund. PERJURY, false swearing, 32, 61, 114. PERMITS, Auditor to report on, 66. PLAYGROUND BONDS. See Bonds. PLUMBING, Council may regulate, 34, subd. 28. Council to provide for inspection, 34, subd. 18. PLUMBING INSPECTOR, Cotncil may create office, 34, subd. 28. POLICE BUREAU, Chief not subject to Civil Service, 97. record not subject to inspection, 92. POLICEMEN, discharge of, 316. POLICE POWER, 34, subd. 1. POLICE REGULATIONS, Council power to make, 34, subd. 2. e219 "| PORTLAND CITY CHARTER INDEX. POLICEMEN’S RELIEF AND PENSION FUND, acts in conflict repealed, 318. application for pension, 308. application of provisions of act, 309. benefits of temporary or permanent disability, 305. benefits on retirement, 304. benefits to widows and children of deceased. policemen, 306. books and accounts open for inspection, 313. City Attorney to advise board, 317. City Treasurer custodian and disbursing officer, 300. controlled by board of trustees, 298. creation of fund, 296. definition of basic salary, 319. discharge of policemen, 316. division of Police and Fire Department Relief Fund, 314. pensions, certificates, 310. exempt from execution, 315. forefiture of, 311. payable monthly, 303. prorated when funds insufficient, 312. to temporary policemen, 307. powers of board, 299. salary deductions for fund, 302. source of fund, 297. tax levy for fund, 190. POLICE STATION, Council may establish, 34, subd. 59. POLICE AND FIRE DEPARTMENT RELIEF FUND, division of, 220, 314. POLITICAL CONTRIBUTION, Civil Service employes, 116, 119. PORT OF PORTLAND, not affected by Dock Act, 163, subd. e. POUND, contract for operation of, 290. POWER, corporate, continuation of, 2. Council to exercise, 18. grant of, 2; 3. governmental, vested in city, 3. of city to annex: territory, 10. of Council subject to initiative and referendum, 20. to acquire property outside of city, 3. to alter seal, 2. to sell, etc., city property, 2. to sue and be sued, 2. executive and administrative, distribution of, 54. enumeration not a limitation, 36. specific powers of 1903 charter vested in Council, 34. vested in Council, 20. PREFERENTIAL SYSTEM OF VOTING. See Elections. PRESIDENT OF COUNCIL, election of, 37. presiding officer of Council, 37. — when may act as Mayor, 37. when to sign ordinances, 51. PRIVIES, must connect with sewer, 34, sudb. 29. PREVIOUS BOND ISSUES. See Bonds. PRISONERS, Council provide for working, 35. m2y be paroled by Council, 35. may be released by Council, 35. working of, 34, subd. 8. [ 220 ] PORTLAND CITY CHARTER INDEX. PRISONS, Council may establish, 34, subd. 59. PROCEEDINGS, public improvement, deemed regular, 277. PROPERTY, acquired by Dock Commission, 163, subd. c. city may accept as gift, 34, subd. 5. city, control of, 2, 56. Council may lease, limit of, 34, subd. 10. legal proceedings to recover, 5. Mayor may investigate, 61. officers or employes not to purchase or lease, 91. penalty for destruction of, 34, subd. 47. rental of, 8. unfit for use, sale of, 34, subd. 9. condemnation by Dock Commission, 163, subd. ec. Council may condemn or purchase, 34, subd. 6. franchise deemed as, 166. levied on under execution, Council may purchase, 34, subd. 7. outside city limits, city may acquire, 3. purchased under execution, limit of price, 34, subd. 7. purchased for delinquent taxes, 34, subd. 8. right of city inalienable, 7. right of city to hold, 4. right of city to sell or lease, 2. right to condemn, 2. sold for taxes, Council may purchase, 34, subd, 8. trespassing, Council may prevent, 34, subd. 51. PROPERTY OWNERS, record of, Auditor to keep, 79. PROPERTY RIGHTS, effect of annexation upon, 13. legal proceedings to enforce, 5. PUBLIC AUDITORIUM, annual report, 224. bonds. See Bonds. Commission, 239, 248. contracts, how let, 241. employes not subject to Civil Service, 243. fund, deficit, 247. disbursements, 246. expenditure of, 248. provision for Oregon Historical Society, 242. revenue, 246. rules and regulations, 240. PUBLIC CRIERS, Council may regulate, 34, subd. 38. PUBLIC DOCKS. See Docks. may occupy streets, 8. PUBLIC EMPLOYES. See Employes. PUBLIC HALLS, Council may regulate, 34, subd. 31. PUBLIC IMPROVEMENT, city may assess cots, 152. city may construct, 152. contract to lowest responsible bidder, 150, 295. Council may carry on direct, 150. PUBLIC MONEY. See Money. PUBLIC OFFICERS. See Officers. PUBLIC SCHOOLS. See Schools. PUBLIC SERVICE CORPORATIONS. See also Public Utilities. Council may regulate, 154. failure to comply with charter, 158. file record of property, 156. [ 221 ] PORTLAND CITY CHARTER INDEX. PUBLIC SERVICE CORPORATIONS, Continued. Mayor and Commissioners not to be interested in, 24. officers or employes not to be interested in, 91. quarterly reports, 157. reports, part of Auditor’s annual report, 157. PUBLIC UTILITIES, acquisition, limitation of indebtedness, 160. appeal from rules of Gouncil, 158. Auditor to report revenue, 160. bonds to provide for, 152. charges to be reasonable, 156. Council may invstigate, 156, 157. city may purchase, 177, subd. a. Council may regulate, 156, 157. Council power to construct, acquire, etc., 151. defined, 153. extensions, Council may order, 156. failure to comply with charter, 158. money for, 152. owners to file record of property, 156. products of, city may use or sell, 152. rates, Council to determine, 156. records, form of, 157. reports, penalty for failure to make, 157. rules to govern, Council to make, 158. supervision of Council, 154. PUBLIC UTILITY CERTIFICATES, Council may issue, 155. not a general obligation, 155. ordinance authorizing, subject to referendum, 155. PUBLIC UTILITY CORPORATIONS, Council may regulate, 154. PUBLIC WORK, prisoners may be employed, 34, sudb. 3. PUNISHMENT, violation of ordinances, 35. PURCHASE, supplies and material by Dock Commission, 1638, subd. f. competitive bidding, 150. over $250.00, advertise for bids, 150]| PURCHASING AGENT, appointive, 80. not subject to Civil Service, 58. QUARTERLY REPORTS, public utilities to make, 157. QUORUM, of Council, 48. RAILROAD COMPANIES, duty to pave streets, 274. RAILROADS, commercial, streets, agreement for use of, 168. franchise, what to contain, 174. rates, regulation of, 174. tracks, common user, 169. in streets, 167. RAILROAD GRADE CROSSINGS, assessments for elimination may be bonded, 273. contract for elimination, 272. Council power to eliminate, 265, 266. elimination of, colletcion of assessments, 272. cost of, a lien, 272. fund for payment of damages, 271. on two or more streets in one proceeding, 275%. plans, damages and benefits, 267, 269, 270. objections, 268. publication, remonstrance, 272. tax levy for, 190. [ 222 ] PORTLAND CITY CHARTER INDEX. RAILROAD TERMINALS, streets abutting on, rights in, 8. streets abutting not to be vacated, 7. RAILWAYS, Council may regulate cars, 34, subd. 46. Council may require fenders, 34, subd. 46. tracks, Council may regulate, 34, subd. 46. RATES, DOCK Commission may fix, 163, subd. h. franchise, regulation of, 174. public utilities, 156. RATES FOR TRANSPORTATION, Council to regulate, 34, subd. 71. REASSESSMENT. See Improvement Code, 284. REBONDING OF ASSESSMENTS, 278%. RECALL, may be invoked in city, 19. RECEIPTS, statement of, 66. RECEIPTS BY CITY, publication of, 58. RECONSTRUCTION BONDS. See Bonds. RECORDS, Auditor to keep, 66, 69. certified copies, fee for, 92. Civil Service Board may examine, 114. efficiency, weight on examination for promotion, 107. open for inspection, 92. Police Bureau, not open to inspection, 92. REFERENDUM, Dock Commission ordinances subject to, 163, subd. g. exercise of, 19. franchises, subject to, 159, 173. power of Council, subject to, 20. transfer of franchise, subject to, 178. REFERENDUM MEASURES, time of taking effect, 49. REFUNDING BONDS. See Bonds. REFUND WATER BONDS. See Bonds. REGISTRATION. See Elections. REGULATIONS, Dock Commission, 163, subd. g. RELIGION, recommendations relating to, 118. REPEAL OF 1898 CHARTER, 285. REPORTS, annual, Auditor, 66. Civil Service Board, 111. Dock Commission, 163. Mayor, 59. false, penalty, 95. public utilities, 157. RESIDENTS, given preference in employment, 122. REVENUE, control of, 185. liabilitis in excess of, void, 193. municipal garbage collection, 254. Public Auditorium, 246. public utilities, report of, 160. REVISION OF CHARTER, 287. RIGHTS OF ACTION, continuation of, 4. RIGHTS OF PROPERTY, continuation of, 4. RIOT, Council may prevent, 34, subd. 53. RULES, Council may enact, 41. governing public utilities, appeal from, 158. RULES AND REGULATIONS, Dock Commission, 168, subd. g. RUNAWAYS, Council to protect public from, 34, subd. 45. SALARIES, Auditor, 65. full compensation, 94. Mayor and Commissioners, how paid, 28. L 223] PORTLAND CITY CHARTER INDEX. SALOONS, near schools prohibited, 33. SAMPLE BALLOTS. See Elections. SANITARY REGULATIONS, Gouncil power to make, 34, subd. 2. SCHOOLS, sale of liquor near, 33, 34, subd. 48. SEAL, 2. Auditor custodian of, 66. Council to provide, 34, subd. 16. SEAL OF MUNICIPAL COURT. See Municipal Court. SECRET SERVICE FUND, of Mayor, 34, subd. 23. SEWER. See Improvement Code, 284. all privies and cesspools to be connected with, 34, subd. 29. Council may compel servic connections, 34, subd. 11. - Council may construct, 34, subd. 11. defective, city not liable, 281. proceedings deemed regular, 277. SEWER CONSTRUCTION BONDS, 278. SEWERS, construction of, beneficial to property both within and without the City of Portland, 275a. bonding of assessments, 278. cost, 284-b. engineering, how paid, 284-b - progress payments, 3387. rebonding of assessments, 278%. SIDEWALKS, advertising on, Council may regulate, 34, subd. 40. Council may lay, 34, subd. 18. Council may regulate, 34, subd. 34. Council to maintain and keep open, 34, subd. 61. Council to regulate use of, 34, subd. 65. defective, city not liable, 281. repair. See Improvement Code, 284. SIGNBOARDS, Council may regulate, 34, subd. 40. SIGNS, power of Council to regulate, 34, subd. 62. SINKING FUND, investment of, 192. purchase of bonds, 192. redemption of bonds, tax levy, 190. SLAUGHTER HOUSES, exclusion from city, 34, subd. 27. SPECIAL ASSESSMENTS. See Improvement Code, 284. SPECIAL BRIDGE FUND, tax levy, 190. SPECIFICATIONS, Council may adopt one or more sets, 150. STEAM BOILERS, city may inspect, 34, subd. 28. STEAM WHISTLES, Council may regulate, 34, subd. 39. STOCKYARDS, Council may exclude from city, 34, subd. 27. STORES. AND SUPPLIES, inventory, 58. STREET IMPROVEMENT BONDS, 278. STREET LIGHTING, contract for, 336. STREET LIGHTING SYSTEMS, 338. STREETS, abutting railroad terminals, rights in, 8. abutting waterways, rights in, 8. advertising in, Council may regulate, 34, subd. 40. animals driven through, 34, subd. 42. assessment, bonded, reapportionment, 279. banners over, Council may regulate, 34, subd. 41. bonding of assessments, 278. Council may convert into boulevards, 34, subd. 67. control of, 34, subd. 60, 61. [ 224 ] PORTLAND CITY CHARTER INDEX. STREETS, continued. county roads taken as, 276. defective, city not liable, 281. definition of, 255. Dock Commission, authority over, 163, subd. e, i. extension of. See Improvement Code, 284. appeal, right of, 325. area previously dedicated, credit for, 332. assessments, bonding of, 326. assessments, entry upon docket, 326. assessmnets for dficit, 330. City Engineer’s report, 322. Council, power of, 322. definitions, 321. hearing, 324. objections, 324. official notice, 3238, ordinance adopting report of City Engineer, 323. proceedings, error in not fatal, 334. lapsing of, 321. rescinding of, 333. resolution declaring street opened, 329. saving clause, 335. segregation of assessments on area to be appropriated, 332. surplus, declaration of, 331. two or more streets in one proceeding, 332. warrants, drawing of, 327. failure of franchise holder to improve, 177, subd. f. franchise, exclusive, where prohibited, 171. time limit, 170. grades, change of. See Improvement Code, 284, authority of the Council, 256, 257. benefits, 261. claims for damages, 260. damages, 261. engineer’s report, 258. hearing, 259, 260. objections, 260. official notice, 259. rights to establish and change, 34, subd. 12. grades, original establishment of, 256. improvement. See Improvement Code, 284. cost, 284-b. Council may provide for, 34, subd. 12. engineering, how paid, 284-b. franchise holders, 177, subd. f. pending proceedings not affected by charter amendments, 277. proceedings deemed regular, 277. progress payments, 337. railway not relieved from, 274. industrial tracks in, 167. naming of, 34, subd. 69. obstructions in, 34, subd. 61. occupied by dock structures, 8. opening, extension, etc., 34, subd. 12, 321-335. opening, permits for, 34, subd. 18. [ 225 ] PORTLAND CITY CHARTER INDEX. STREETS, continued. power of Council over, 284. railroads in, 168. rebonding of assessments, 278%. right in, inalienable, 7. roaming in at night, 34, subd. 55. runaways, Council to protect public from, 34, subd. 45. special street lighting systems, 338. transportation, 8. underground conduits in, 34, subd. 70. vacation of. See Improvement Code, 284. by Docks Commission, 163, subd. 1. replatting affording equal area permitted, 7. vote required, 7. where permitted, 7. where City owns property, 7. what constitutes, 8. STREET CARS, charge over bridges, 24. regulation over bridges, 184. STREET LIGHTING, Council provide for 34, subd. 13. STREET RAILWAY, franchise, what to contain, 174. rates, regulation, 174. STREET RAILWAY COMPANIES, duty to pave streets, 274. STREET REPAIR, Council may provide for, 34, subd. 12. SUBCONTRACTORS, action on contractor’s bonds, 149. SUBORDINATE OFFICERS, Commissioners to appoint or remove, 82. subject to Civil Service, 82. SUBPOENA, power of Council to issue, 32. power of Mayor to issue, 61. SUCCESSIVE, term defined, 147. SUITS, existing continued, 5. may be brought, how and when, 5. SUPPLIES, contract to lowest responsible bidder, 150, 295. purchase of over $100.00 by Dock Commission, 163, subd. f. SURETIES, contractors’ bonds, 149. on official bonds, 23. SURVEYING, Council to provide for, 34, subd. 68. fees, 34, subd. 18. TANNERIES, exclusion from city, 34, subd. 27. TAX, annual levy, 188. on franchise, 177, subd. d. TAX COLLECTOR, no compensation, 188. TAX LEVY, bonded indebtedness interest fund, 190. bond sinking fund, 190. Dock Commission, 163, subd. k. elimination of grade crossings, 190. fills, 190. Firemen’s Relief and Pension Fund, 190. general fund, 190. limit of, 190. playgrounds and parks, 190. Policemen’s Relief and Pension Fund, 190. Salary increases, Bureaus of Fire and Police, 190-1b. special bridge fund, 190. when made, 190. [ 226°] PORTLAND CITY CHARTER INDEX. TAXATION, bonds exempt from, 229. estimate for, 188. franchises, 166. TAXES, annulment of back taxes, 194. Collection of, 188. property sold for, Council may purchase, 34, subd. 8. TENEMENT HOUSES, Council may regulate, 34, subd. 30. THEATERS, Council may regulate, 34, subd. 31. TIME REPORTS, each department to keep, 58. TIRES, width of, Council to regulate, 34, subd. 64. TOBACCO, power of Council to regulate sale of, 34, subd. 49. TRAFFIC, Council may regulate, 34, subd. 60, 61, 63. TRANSFER OF FRANCHISE, 178, 179. TRANSPORTATION, Council to fix rates, 34, subd. 71. TRANSPORTATION TERMINAL. See Common Transportation Terminal, 183. TREASURER, appointive, 80. bond, 88. surety, individuals not allowed, 88. custodian Firemen’s Pension Fund, 201. custodian of Policemen’s Relief and Pension Fund, 300. deposit of sinking funds, 192. TREES, Council to regulate, 34, subd. 66. TRESPASSING, Council may prevent, 34, subd. 51. TRUSTS, Council to execute, when, 34, subd. 5. TWO PLATOON SYSTEM, Bureau of Fire, 122a. UNDERGROUND CONDUITS, Council to regulate, 34, subd. 70. UNDERTAKINGS. See Bonds. UNUSED FRANCHISES, forfeited, 181. VANCANCY IN OFFICE, Dock Commission, 162. manner of filling, 30. ; Mayor and Commissioners, 22, 24, 29, 30. VACATION OF STREETS. See Streets. VAGRANCY, Council may prevent, 34, subd. 54. VEHICLES, width of tires, Council to regulate, 34, subd. 64. VOTE OF COUNCIL, aye and nay, when taken, 39. VOTERS. See also Elections. qualifications, 137. WAGES, mechanics’, city to secure, 34, subd. 14. WARRANTS, drawing of, money must be appropriated, 75. how drawn, 75. issue of, appropriation necessary, 193. on Firemen’s Pension Fund, 201. on Policemen’s Pension Fund, 300. record of, 74. WASH HOUSES, exclusion from city, 34, subd. 27. WATER, Council may compel service connections, 34, subd. 11. Council to provide for supplies, 34, subd. 11, 15. WATER BOARD, power of vested in Council, 16. WATER BONDS. See Bonds. WATER CONSTRUCTION FUND, 228%. WATER DEPARTMENT, engineer, not subject to Civil Service, 97. superintendent, not subject to Civil Service, 97. WATER FRONT, streets abutting on, rights in, 8. WATER MAINS, extension of, 34, subd. 11. WATER REGULATIONS, Council power to make, 34, subd. 2. prea PORTLAND CITY CHARTER INDEX. WEAPONS, dangerous, Council may prevent carrying of, 34, subd. 56. WEIGHTS AND MEASURES, Council to provide standard, 34, subd. 73. WHARF PROPERTY, right of city inalienable, 7. WHARFAGE CHARGES, Dock Commission may fix, 163, subd. h. WHARVES, in Wallamette River, Council to control, 34, subd. TOUTS: public, right of city inalienable, 7. WILLAMETTE RIVER, Council given jurisdiction, 34, subd. 75, 78. WITNESSES, Civil Service Board may subpoena, 114. Council may compel attendance, 32, 156. Mayor may subpoena, 61. power to subpoena, 199. WOMEN OFFICERS, need not be voters, 85. [ 228 ] THE CHARTER OF THE CITY OF PORTLAND, OREGON TABLE OF COMPARATIVE SECTIONS (Abbreviations: repealed, r; ordinance, Ord.) Sections of 1903 Charter and Sections of Amending Act of corresponding sections of this May 3, 1913, and corresponding compilation. sections of this compilation. zy 1 1 4,16 2 2, 2 3 3 3 3 148 4 4 4 12 5 5 5 15 6 148 6 20 ri 6 7 21 8 281 8 21 9 282 9 22 10 r 10 23 ll r 11 24 12 9 12 24 13 10 13 25 14 11 14 26 15 12 15 at 16 13 16 28 17 14 17 29 18 18 30 to i9 4l 2400) 20 42 23 128 21 43 24 133 22 44 25 134 23 45 26 135 24 46 27 137 25 A7 28 26 48 to 2t 49 30 r 28 50 31 138 29 5E. 2 32 139 30 38 33 140 ok 39 34 141 32 40 35 142 33 31 36 34 195 to 35 37 39 r 36 54, 57, 58 40 143 3% 55, 56 41 38 144 to 39 145 46 r 40 146 47 32 41 123 48 42 124 to 43 125 5l r 44 126 52 53 45 bag 53 46 129 to 47 130 60 r 48 131 61 147 49 132 62 50 136 to 51 137 12% 52 138 73 34, 35 53 141 74 36 54 143 75 255 55 Bo 76 56 18, 19 to 57 255 87 r 58 15} [ 229 ] PORTLAND CITY CHARTER TABLE OF COMPARATIVE SECTIONS (Continued). (Abbreviations: repealed, r; ordinance, Ord.) Sections of 1903 Charter and Sections of Amending Act of corresponding sections of this May 38, 1913, and corresponding compilation. sections of this compilation. 160 59 152 89 60 153 to 61 154,155. 92 r 62 156 93 1°38 63 157 94 64 158 to 65 159 99 r 66 T8 100 166 67 166 1O01Sr 68 167 102 167 69 168 103 168 70 169 104 G1 170 to Va pRyal Ib Dawe 43 172 113 189 74 173 114 190 15 174 115 191 76 Tip 116 192 ae 176 ably 193 78 17% 118 161516251638, 229 719 178 119 194 80 179 120 81 180 to 82 181 121 83 182 122 84 84 185 1328 85 186 to 86 187 WA bare 87 189 128 85 88 190 P20cr 89 191 130 86 90 192 libel 87 91 193 P52 88 92 apes 183 89 93 17, 228 134 90 94 96 ies, 91 95 149 1386 r 96 150, 283 187 92 97 64 138 93 98 65 139 94 99 66 140 95 100 fb 141 r 101 ie 142 96 102 80 143 103 81 to 104 82 146 r 105 83 wag, 59 106 122 148 108 279 to: 308 99 150 r 317 108, 109, 110, 111 L5] 60 De 61 153 62 154 to 157 r 158 63 159 to 161 F 162 149 163 r [ 230 ] PORTLAND CITY CHARTER TABLE OF COMPARATIVE SECTIONS (Continued). (Abbreviations: repealed, r; ordinance, Ord.) Sections of 1903 Charter and corresponding sections of this compilation. 164 150 165 r 166 r 167 to 268 Ord. 269 64 270 65 ya 67 272 68 Pad by, 66 274 69 275 70 276 yal ay Bd 72 278 13 279 74 280 75. 281 76 282 tal 283 78 284 719 285 188 286 r 287 to 305 Ord. 306 97 307 98 308 99 309 100 310 101 wh 102 5g Be 103 ole 104 314 105 315 106 316 107 317 108, 109, 110, 111 318 112 319 113 320 114 SAE 115 322 116 oe aay 324 118 825 119 326 120 Bat 121 328 to 350 Ord ook to 361 r 362 to 421 Ord. 422 276 423 277 424 280 425 r 426 285 427 286 [ 231 ] THE CHARTER ORDINANCES OF THE CITY OF PORTLAND, OREGON | ALPHABETICAL INDEX ABSTRACTS OF TITLE, custody of, 5. APPEALS, from decisions of Municipal Court, 36. ASSESSMENTS. See special assessments. BIRTHS, registration of, 77. BOARDS AND COMMISSIONS, to serve without pay, 103. BOULEVARDS, power of Council to extend, 106. BUILDINGS, destruction of to check progress of fires, 60. BURGLAR’S TOOLS, possession of, penaltv, 48. GIT YY ATTORNEY, abstracts of title, custody of, 5. appointment, 1. deputies, 2. duties, 2. Municipal Court, prosecutions before, 38. office hours, 4. office rooms, 4. opinions, 5. qualifications, 1. records, 5. salary, 2: suits, appeals, etc., 6. surrender of records to successor, 7. term of office, 1. CITY ELECTRICIAN, 96. CITY ENGINEER, appointment, 22. deputies, 23. duties in general, 24. fees, 23. filing of plats, 24. qualifications, 22. records, 24. salary, 23. term of office, 22. CITY FUNDS, deposits of, 18, 14. CONTAGIOUS DISEASES, 78. CRIME, prevention of, 49. DAMAGES, for injuries due to defective sidewalks, 116. DEATHS, registration of, 77. DEPOSITARIES OF CITY FUNDS, 18, 14. DISEASES, contagious, 78. ELECTRIC LIGHTING WIRES, supervision of construction of, 99. FIRE BUREAU, authority over vested in the Council, 55, 56. Chief Engineer, appointment of, 56. duties of, 59, 60. Civil Service rules, subject to, 55, 56. disabled members, assignment to other duties, 63. employees, appointment of, 56. Fires, checking progress of, 60. [ 232 3] CHARTER ORDINANCES INDEX. FIRE BUREAU, continued. members, disabled, assignment to other duties, 63. leave of absence, 64. oath of office, 58. organization of, 55, 56. payrolls, 61. property of, 57. rules and regulations, 56. suspension of members, 56. temporary employees, appointment of, 62. FIRES, destruction of buildings to check progress of, 60. police protection at, 49. FRANCHISES, 164. FUNDS, deposited, liability, 16. on deposit, security, 13, 18. possession of, 17. GAMING HOUSE, suppression of, 53, 54. HARBOR, Harbor Master, 86, 87, 88, 89. water front, control of, 86. rules and regulations, 87. HEALTH BUREAU, births, registration of, 77. City Physician, appointment, 74. Commissioner in charge, 78. contagious diseases, 78. Council, powers,of, 76. deaths, registration of, 77. duties of, 77. employees, appointment, 74. salaries, 75. Health Officer, apointment, 74. hospitals, 78. nuisances, abatement of, 76, 77. pest houses, 78. rules and regulations, 76, 77. statistical information, 77. HOSPITALS, 78. INTELLIGENCE OFFICE KEEPER, examination of premises, 47. JUDICIARY, 26. JUNK-SHOPS, examination of premises, 47. LIGHTING PROPERTY, destruction of, penalty, 100. LOTTERY HOUSE, suppression of, 538, 54. MONEYS BELONGING TO CITY, 21. MUNICIPAL COURT, acting as Justice of the Peace, 34. appeals from decisions of, 36. appointment of temporary judge, 35. Clerk, 31. created, 26. [ 233 ] CHARTER ORDINANCES INDEX. MUNICIPAL COURT, continued. departments, 27. fees, 34. fines, etc., paid to Treasurer, 33. judges, 27. appointment, 30. presiding, 27. qualifications, 30. removal of, 838. salaries, 30. jurisdiction of, 29. jurors, pay, 32. jury trials, 32. pending proceedings, 37. proceedings, 32. removal of judge, 38. rules of court, 28. NUISANCES, abatement of, 76, 77. NUISANCES IN STREETS, removal of, 49. OBSCENE AMUSEMENT HOUSE, suppression of, 53, 54. OFFENDERS, arrest of, 49. ORDER, preservation of, 49. PARK BUREAU, Council, power of, 79. employees, 83. bonds, 82. parks, exhibition of works of are in, 81. rules and regulations, 80. PARKING SPACE, trees in, 79. PAWNBROKERS, examination of premises, 47. PERSONAL RIGHTS, protection of, 49, PEST HOUSES, 78. ° PLATS, filing of, 24. POLICE BUREAU, appointment of members, 39. book of arrests, 44. captains, 40. chief of police, 40. bond, 41 duties, 41, 42, 48, 44, 47, 54. emergency employees, 51. employment of attorneys by members of police force, 45. fees, 44. officers, bonds, 42 oath of office, 40. organization of, 39. patrolmen, 40. payrolls, 50. police, duties of, generally, 43, 47, 49. powers of the Council, 39. rewards, 45. rules and regulations, 39. special police, 46. substitute employees, appointment of, 52. suspension of members,43. [ 234 ] CHARTER ORDINANCES INDEX. POUND, Poundmaster, 101. duties of, 102. rules and regulations, 102. PROPERTY RIGHTS, protection of, 49. PUBLIC HEALTH, guarding of, 49. PUBLIC IMPROVEMENTS, 162. remonstrance against, 108. PUBLIC PEACE, preservation of, 49. PUBLIC PLACES, power of Council to acquire, 106. SEAMEN, harboring of, 88. SECOND HAND DEALERS, examination of premises, 47. SEWERS, construction of, assessment district for, 118. assessment for, 118. contracts for, 121 power of Council, 117. jurisdiction of the Council, 118. official notice, 118, 119. plans and specifications for, 118. remonstrances against, 120. resolution of intention, 118, 119. time and manner ordinance, 118. defective, reports thereon, 49. SPECIAL ASSESSMENTS, apportionment of cost, 133. assessment of benefits, 134. assessment for deficit, 154. assessment ordinance, 134. assessments confirmed, 135. certificate of sale, 147. costs and fees on appeal, 158. curative clause, 159. delinquents, 143. docketing of, 137. docket of city liens, 138. estimate of cost, 133. judgments on appeal, 158. liability of City and its officers, 153. lien of assessment, 139. mistakes in proceedings, 136. notice, 133. notices, failure in not fatal, 152. Owner of property, who is, 141. payments in lawful money, 146. payment of, 139. payment of by lien creditor, 140. publication of, 137. reassessment, 156. reassessments, appeal therefrom, 157. receipts of Treasurer, 145. redemption of property sold, 149. regularity of proceedings, 160. CHARTER ORDINANCES INDEX. SPECIAL ASSESSMENTS, continued. sale for unpaid assessments, 144. sale of property, deed, 150. recovery—limitations of action, 151. segregation of bonded assessments, 161. surplus, 155. Treasurer’s return, 148. unsold property, 148. where paid, 142. STREET CLEANING, Bureau of, Council, power of, 84. Custody of property, 84. demands, 85. organization, 84. payrolls, 85. “STREET” definition of, 90, 104. STREET IMPROVEMENTS, power of Council, 105. “Street,” definition of, 104. STREET LIGHTING, bonds for municipal plant, 92. contract for, 91, 93. Council, power of, 97, 99. expenses for, 98. municipal plant, 91, 92, 94, 95, 96, 97. “Street,” definition of, 90. STREET LIGHTS, not burning, reports thereon, 49. STREETS, extension of, additional method, 107. improvement of, acceptance, 129. assessment for. See special assessments. bids: for;..123, 128: classification of kinds, 181. contract for, 1238, 128. Council, power of, 123, 124. definition of terms “Improve” and “Improvement,” 122. dirt, ownership of, 123, 127. gravel in roadway, 123. jurisdiction of the Council, 123, 127. macadam in roadway, 1238. maintenance, 131. official notice, 128, 125. pavement, 123. permit for, 130. plans, and specifications for, 123, 124. procedure, 1238, 124. remonstrances against, 108, 123, 126, 127. resolution of intention, 123, 124. service pipes, mains, etc., 132. “Street,’ definition of, 104. time and manner ordinance, 123, 127. jurisdiction over, 105. [ 236 ] CHARTER ORDINANCES INDEX. STREETS, continued repair of, 163. opening of street surfaces, regulations, 123, 132. sidewalks, advances from General Fund for repair of, 115. assessment for repairs of, 114. damages for injuries due to defects in, 116. defective, damages for injuries, 116. grade and width of, 112. notice to repair, 112. permit to repair, 113. power of Council over, 114. repair of, 112. vacation of, notice, 109. ordinance for, 111. petition, 109. proceedings, 109. recording of ordinance for, 111. title to street, vacated, 110. TREASURER, annual report, 11. appointment, 8. bond, 9. clerks, 10. deposited funds, liability, 16. deposits of City funds, 13, 14. deputy, 10. duties, 11. fees, 19. funds, custody of, 12. loan of City money, 12. Monthly statements of deposit, 15. office hours, 19. possession of funds, 17. qualifications, 8. receipts issued, 20. receive fines, etc., from Municipal Court, 33. salary, 9. semi-annual report, 11. term of office, 8. Water Fund, custody of, 71. TREES, in parking space, 79. WATER FRONT, control of, 86. rules and regulations, 87. WATER PIPES, defective, reports thereon, 49. WATER WORKS, assessments for construction of water mains, refunds, 67. authority of City, 66, 67. contracts, execution of, 69. Council, general powers, 72. employes, 72. Subd .1. engineer, 67. inventory, 73. [3237 ] CHARTER ORDINANCES INDEX. WATER WORKS, continued. payment of money, 69, 70, 71. power of Council to acquire water works or water plants, 67, 68. rules and regulations, 72, Subd. 2. statement of receipts and disbursements, 73. superintendent, 67. Water Fund, 67, 71. water mains, extensions of, 67, 68. Water plant, Council in charge of, 65. water rates, 72, Subd. 3 and 4. . WORKS OF ART, exhibitions in parks, 81. [ 238 | CHARTER PROVISIONS RETAINED AS ORDINANCES TABLE OF COMPARATIVE SECTIONS. Revised Legislative Charter Special Charter Ordinances. 1908. Amendments. PR ered gare a he talkie ad ek SAU EMO S tlartnn bate Me ete eee ele RR. Lee Mite Elite ale eye erers Sent eae ee DSL ee Mem ny eames Have sis tes MOI e ORME ee ASS ued aes oS ty ok: a rie DAR es resale eee eee ty Cee ial oe Le ee on eek 2 ap Am, Ate A Seed ESPN by ae Bl rR 5 fete ghee lit Abe TIS ts St Ah ee io ea yd ee pag Be SE Seo BABE a aia ries lot iat alee LG Sete ee hoe Oy ere Lt jo ps PRS a PAP eae aOR es Nae EA Negad om hohe ipa Ey Mab dl SBM ao Adah alld ae Pe To eR Acre ye ae eee seas Ey nee had | ly ame LO ied My oll het 2 a didi SAP Mees ne SR a SS hae Oe poe eee ORE Peer reiatee Cates cat ee aes ae ees og iciah ni Oa ha ead ate ke POLK gon ardegery sc: Pr Lees) a A Ride) Ee eta Euan oh aie as I a a I) a neee A) ae ee DOr re Me Ene Sue oe Meee 4 Qampene BT Vat Whee py ee Teo ae Se, Se Me AY Be Saas Seth: SR ir ake Pb ile Ogee oA Ni bf Ordinance No. 46927 Re rai ely Coe RNS ee eae earale eS PUPA te |i al tia a ae ag AA AAR A td RU a ogee Be ae Pee Cle Ws: pale ewe ae he A dh Toate a clagh ele Wrest Aeg sees abel ae Ordinance Nos. 29738 30668 32896 45146 39555 eM eee eel a eels ais sien s mabe DC Pati Sate ahead i UNE UN dA aa dn a Athi PRM ee ee ere ete we con a cee Re He rt 1 ale ie cane Use ital toon il Se ME Tee tie i od 1 AREA ys ek ae a ge GG recta cee eran aes biker feet tet at IEE ad eh) Bc ae eS th Aseria cue ic twes copeste ee es na PALM ben ule Bi as ae nae A RA Oe a dS AR Re PER 1A § oS Ne To ot A ONE a CE a ea OS see te etre Ste ctr Oe ee Oe Le em hE Bees Chet RaNED 2 As Seon ewan tere ee ekes aka BI es eee Oe RL Pe a kee Ure eres Oot gk occa os Kars DUO trie mealies i Ot. Ne PAN Doone me Gy Steg peda ae Oona te BU Lee tecre oi Oe apne ee AEeY GSMs ete tet R Lt eS in ere. oak PAA oly cab hea ik Set ea aa AN eo Slo a oe Oe dee AS EARS oe UI EDA Se GR en ae Ds CRAs Re ae oe che che ees ON ce ne Mart: tie eee Ian shh oat Be PIG OT eige VAMe CAP TRE OR Oo ee es Se UE weer Aiea case ee MM ee eet GAPE Tne hoe sy ae Aa Re Ai ye, She” ieee i pa a SOD Breer erin ene ee tee th Ga eet eee 2 Sr ei, vA Si oR ee POR ee oa ee ER eet are aes ote cane eR tess erry Paty eds, abe nese hee eet ke erie on heed Pot Uv tah gle Re > 9 Feepesoate ct 2 intake pds cna Ordinance No 46396 ERY GAOL Co A gt SE ae EE ged SLU ee cae eal ete eae s Ordinance No. 46396 Cee Re as ens eS ly SEO scars teeat a at sere PE Chater ORME LGN gd c WRR cme ham aly. Wes ADF he Dac, aye Ral Se Tie tN CE Pash eee s phat skeienie om Waren cet ey eee ne Ordinance No 46396 SS Re oi Soke SR 514) Sigh OR ONSE 2S PANS Wieria idictee nee. Act June 5 1905 EG» Soged OR a reaped ARK av macadl Nae BF Alc SS, os OMe Re tga Carer a Ordinance No. 44723 Ga CH ps Siarg log Rly a Sg! Bn keg Oe ER Cale ate ees che ter ee cM ae CRN ys ee Ieee S Me a Rada ep sdae, Meine tae ae PNT We a OVE A a Le ee am a ig ee ae OM PC «eet Dati. Sd surielacs Ga Pete Rtas ee ee coe yee ae Ordinance No 46396 UT SR AP So, Seibel Atta Boe toe a “ten{i brig’ ie Spero Dee nee VAI KS gia ie hae Ordinance No. 46188 Eb Leieh tte nis atheists che ae se Si ie Farce ibaa SA ng cee ei arte ees a ad Ordinance No. 46396 EE Das ORE Ce Gg RICE see Se ie AEN Bale Oe, aed ce SUE Cae RTA el, oa oe BEG cS Seay ye) Ly, NR aan eee ACR ons + alae bale” Caters I RR Qe ataemet. Tigiely: Pater me Ce cee ter Coline Co a eae DEUS siaceay Ma rect Ye Ace ty k Mein Gt tal dy a Ga fy OT ede st! A Ca hp ECA SK ois pA EEE RMR Me ey Os Co Ce ev CW BA AME ACT ST ede AAR RM a 1A PEAR, be EE Ls ails gti GRP Act June 3, 1907 Ae WEY HLM eel CUBE Gade herd. gi niece LED ELD ees © 2 ie Rn, Lae UE A eat) hk il BAAR EN al ox ato, Aes hes eh hiedies EB SG ete ee Taree, Oly eRe. ichauthw ge MON « Aly Oe rie Tere Taree Rien ett lie ek LEME Neate te nace wie ree AOL TN cue RI ena, eI AO as tied nOe ema sweet PLE sy PALE ERS es 5.) Sanne lating “ate Seale Pree gt aA Ge Sch ae Sree a Te Pa Rd el ae Pee WRC AE BES hy eye ay eee eM! | oA RGR ence aey eR LY a Br sir RAT ald ns Aiton Ea te itt fer, 0: is ATER aR 9 Re Ne Se J Ne alee ae Rapes.) EMRE, hie re. e hic ake ate 6 a he LROACE laura ane Rag Res es ee ORE Py 8: CHARTER PROVISIONS RETAINED AS ORDINANCES—TABLE OF COMPARATIVE SECTIONS (Continued.) Revised Legislative Charter Special Charter Ordinances. 1908. Amendments. BOG BSS 3s: ee enc ec Mee TQO Skea so cs obo elle a one 6-0 5 nwt) 5 apne Bb. Uiecs! c oaehonc ts Sine eee eames TOD cick Gites > able pera eo in oun w ld) ey antee eee D2 ie ee on aan eie te eR ee LOB ie de dine o Sno oo 8 utes ale ovis ie i pe DOE Gaile ssa a yeteie te ates ene aches ha MEME By ie cc See a acs i names eee LOB a oie aie ale so ate 00 0 4 ate Sle 6 cole ee ee Dye ike ie eee ee ee VOT. cs sce ce oes ewe lalels steele nae Ds ae Gane ie OR Rm eee ees DGB wis ed & ic aie so 0 8 0 8 tele 6 oe wie vue apes ee DURE OR a ares earn 169 ei erie ob ve cea sev ee ey ee eee ee 3a ENOL, MRM RR yl, SERRE SDSS a J LTO oe ce akan Soe a oe» 6 Re dae peice ene eter LS ROAM been erie oe gare ope VTL oe ies ee oa vis at pe le oe ee GOR chet Bee ite ac Oke ty em UTD yoo Selneiie wg Sie vs ae wel e's 0k era er C8 De CUAIRDN Maret Say Auli icra per patvallna eo L74 icc iene See's 6 one eee eon cin a-) oie Oo oars Suniemiaas E A eae LTB ere he See cee ne eels oe cles nt GONE roe batees ie me age anes hee ee ees Um Trine a A pa ea etaseck tar eid Saves oes eae LTS. te Seba cece ce oe vee oo wip 4 ween eee La Sy teh on epics tae er yk: ZOO... shad tlw o a diy ua o\e ous o18 oie apalle sen aa (01 eRe eed RPL ROME erin aL TAIN 5 226. ood hee be cle wines cele ee 00s ot oleate an CHIR Dane i Sek Ow eae ys Re hoes 2 DOT inc soc walt ow es Glble @ ue ule te 5 lolacele axe ops Mees page Buh GM iA eR se be ei Vi), en iy Eee oS Aa ras iene Ala arcee Nani ie ats Ha y+; | i cere OWE coastont crouse, ee ees te ae 3 er re RAR eh ra! PAR nee RON UR mE 288 occ Giclees Gece Sod woke e eonle lee su ele en TASS SR eee ak, Oe eae ore, 284. oc ccla ten econ ele Obie ¢ oe hone eee an Ese RO a A RA eae ME ha, oP 287 eid vide ec tid ele s sgisve 9 o'Be oes lels. stein fi: ie See Me RM ey Alia YS ne 19 rr en tL Dieaokeraeeaten eee ee eae tae y 2 A rare reine earner e re 1 RTs erate ge tne Hee 248 . Los asters ve ele ae ae ale 00s ptel cl cle telat ify Rare AR ne Ae SS as, eet nd A Nes DAA. ca uicccle ces eb als eu cele dail oie TB jo one ais ete a tae OD BAB os a ang hid Dine Mle of oP tLe sods eles sUnte ce cee TON Ge cui ee Ge ee Or QGL gas apeteve wld eee 0 wp dolor oak. te ee ne SOM, ete as Re acne age NR es 262. oc cptiere cis a ww lela wlaee oO 8; onal ately int iaet eo htnnn St CeNe War ci te Renee 268 ook sake clhetae we gies «ple alate. oi 8 Oieue saan Borie lle eotenct wink wee ic ZEB os. 5b Cedtdee acts we wears bak 2 ei meee eo ee ORs te ee ee ee are. Aas 266 . ooo cu trc cae ele on woh ae coe sos eee Aran cae sae eur ee T99 Se eel OE he Bi dC ene te eae y)\\ MOONS N RAS RG Sul Calas ater yeterh “ha Ue nn aero 216. 6 coe ces 4 0560 So ele ee Re of MAPPER ae Bye en hte cia Spey eT ee A re rm EP ROME ar eih te ha tee ee een eae PIB. cue eb ee Soa Gh ewe be tO ne ‘oh Nee ae RE iyat 2 foe Bie ere RN NE she 3 Ak! i hr we N STG OO ihe eae eee eee ae QOD eo Sacco bw Caw on wsldd os shone cles an OIC IN Se ec de tee epee eee DOG. vk ce LG SUE @ Wieie we Soe 6 el oslo leita Fe Oe See RAN make aad he aoe BAA EON QO «bev va o hie Bare ue’ See ee ec eo bare ne ee SS ER CREE eed on 2 PL Lge Sat DS A cia Be av Eade Oe eh Ordinance No. 38422 ACTS LNs GOR ERAN oe NRE ps, |)! ie MEME OE 4, chy WGN S Gh be edeee eels © 9105 6 bee eS Ae Rata ees Ok OG 0 yh k eee ate Re ee eres BVA) calc Lea ass oe dew ce es be 5 0 eo ee OT atin eee ee eee ee ee ee Q12 oc dial ce 6 ie © wes ake ale ee QS ook Lee cated thee eee ee ate eae ee yA bs ee er EEC EMLPO RPE MEEMEEMEP TARR OO onal rave sa vee mreeean eee meee DUA. ox cides vo ele ee 6 > die obi e oceans hs alte nan LOO cg Bte et ats Wee emai ece a evel DAR 6 oe bs eee a hha es CRN eee er TOT oe ee ian ears ae D2) Mae ee eae § 290 charter adopted June 7, 1915 109 Hier he se ee ae 991. dc Buswae ok Senne can ck oe 10S eR ee ae ee ere LOS ieee hes whee ore 892 6k. CBR vcs Si bese oes thee LOB ital cereale eee BEB oes ik ete kis a ee we tas had SANG gee aoe ee LO Gis Hea nteate ha hee eee Dy Gl ePane et one en ae nr Pare rere TE Oe sia vices ie ee eraser QB che he ecw dea ele dua e sloleue leet WILE bo GRR RR a Repo ery CSE Yn GA, B52 oes iG ees se ie aes loses op Dies. lees polenta ea POO ici acteh nea izes ec tatek rete 962 Sie ion ae bla Se hance Sitios ele ae no i ba EU Spear menor oe ence Seecsiaren rs 9g SOB hie Sle oa shy wllacis Vos ow hee rae nee dbs Li Repair tere Mamet eget art NS ty BGA ae RAST SoS hileleri Act June 7, 1909 i hs boaters Sotpen Ma ene Mramrgeat Chas ain) Ate DRA Naty CERRO yo Nees Van thee) a eae oo 0 DGS URE eee DUD hoceitancbetshanareestieriel ove tueroask time SOD sac ee Ree On eae EE Soo terete evec atone 56 dh Rie een eae CHARTER PROVISIONS RETAINED AS ORDINANCES—TABLE OF COMPARATIVE SECTIONS (Continued.) Revised Legislative Charter Special Charter Ordinances. 1903. Amendments. 10 ged AOE el Re ee ade ED edetetet Mele cr sere Weare eal seared ate ee Cro eee ccd een i Ed OS) Ree ap ee aE NE URI i to BO Ur atitrcels fale cs athel da eo hale, ee ee ALOM ate so ent ee ee tg Ghee ao UL “hete hare ed ARP MPa RRR Re a aah 2 ice tonal (Or Re ee Mec Gie Bie se odie eres wes bobs frarehtts Sua ACA SAS ar RE Ob Ge a ae a ee aR eg DL See, Meee foe ey Ped SLU RL ss atr ing Sper AES a nc Dp og en ee Ua aL ee 10S ONE weno ee oe aaa nth Estee? ih Parco yotc de aaa eae ae eee a ba ga Se on a le Dn DOLE ae ee er Oe ee nee ea ne on ee TA DR ee Baa Sa Oat etary ae a SPB eae Aa ciple aeelbaee a pageants Bash ole" CB ee Meare 1 BALE SEE I Bart Ae “H19 ue aeh aera ta sade, SS eon raed os Rea fh BON ID oe PA e Re SE algae sea con « Pake OA Pe Mee ek cca a Bale BS Act June 5, 1911 WA Areas Sricriiatine oa ld carte ¢ ules = 1 ar votes Lad te eg as ee ane ae Act June 3, 1907 ZORA a ores feo eee eat: Pa MGT dghet iy etait pan ak ae pid ee aes ee eae ee POPS Fhe ae Sek boats wee Fi ht ee Piper ra ena Ox Ege Poa Act June 3, 1907 1 OAS ok Oe a CREO! Dee tee, Mo RC FE yet MRC cab Act June 7, 1909 LOLS Ae aaa ie li SIL) Sam LR Pa Pha np GES ood Ce mm LAY se re cece ata ag SSUGAperNieN eth UMA isp er Mec ESAT" VOLES 02 Wicca imate ire SEL al hag on UaetE ea ty Sa a aac NS TSA Ce ei oO mata artic Rog Rei pee JOG ECE crepe NR Fyn ee Rhy Oe Te Bea aretha ster oorerels ek Sei a) oh ant here Pa gi ee a a ORI led Omen ye eiarce wis Ce trois Lienert ORS: lasict ha apy aie ee Cnty ae ae Act June 5, 1905 A ener Weer, cate ct a SOD Meierhans tenes Nye Act J 1S Ge vos Atria apa BOG Sa mein em han oa bag aa , LE CDI ERO eee TEA Sips pe NR a PEA ae ee eR a nag Jae 1 ES) hoc A Are ROSS Race CPE Camere AUP es rete eet awe od Act June 5, 1905 See COSC mn ate RC ee AUC RRs ee et OU Nae SOR, NK IN Ed Taito HGTLE 8. Ciel arf paren o paar ang Sener mee CLUE all Shc aged i get A era a i aN LEN ote oc oe CN aA Pa AUS Pee Rem renee. AIST SE aie YO, as he) Ta 0 PA ee canes are a ae eee eee ars 200 Mure nee rt ine A Gr ae) Soy een ean toe Le Rene ease oo e te ote Tea Ree e a5. avane a 9 BAU Ae cl ar Nan s SB et tt a ee Sa 10S lane pal opens Agee Uva A eee eta EAN remtry itn cir ae Seat. Watt 4 epee wh) be cee oA, te ean Mat a 0 ARE cet aren pace kts nt RR Act June 3, 1907 TA eae SN gn ey or acd ate 11S Aerated a Oe ER ge, Oe ae ae a Terre is Bee RE Pe es ee OR al cht fle eee: OA eta gala TM a ee Sane a le 1 ae eae re nee, ech ANS ies Bele Sr reyes Mag yee Va at beep eae a ae a Mere rel, etek, reer an Bee ALGs roe ects ener tne awe, FoR ie. oc. Mea? 1 1? Fc tee OR RN oe Aare eo AAI See, Rete kere ee Meee ames ha nme ae a ye LG aacene oO ree heer UP con ALLO uthieter ae crac apete | ata erate coy. ye eae er ay Pte BE) LEWC palais P.O) Apa are A a AL OS tree ceoremen tt Um, Vick” eee eee Tre AL ae ae. Jey A foe Oe Le alae a A) een teh aa kavem theses Mey cena me oa ah ah Sl) gl Be gE Fe as rr aCe ee ee ey SALAS oe cet pees ciel Cutie ree i ee ae ae eer Ae oe Be ee SOG ae apres acca Meak Plea erate ete. Ns ie pk | OR Jaw 1 EDs ias expec. Sree Bok ak ur aoe ee EET} beholden iti SRO Wea A ay WASP i ee er DOG ET eS Pe eee es AN stone Rtye en Cc cm Par ee he ee BSW ct pee ys gre lh ae ge ee aD AL) iter crsTatebebel stats Ccnedatete atts ted cara cee Cael eae Leche AR ee te no eee ee AU) Deis eka hirer eane anes eT ate oe seereray een! FN Ua A tek, nes LEC ery ee Bee Meet? MU) Eh Steere teense coe ARTI eee oh cena Se ce Se LOU Ree eae Pam a 8 8 oN UY ee eh We © 9 Gites Sect Ba A Se we ge aise TGR re eee ee Oe ee ae SRS ere ee ae ee eee ee, eh ea We LOZ Bee Peet eh cent eee PA Ae gees » kent ga BR re Sea eg ge LG merce tsi) Fook S oats aieae oe PAU ob olen le, San eA IR A ol a ee ae LGGt aa re ne ae et eee Pe wis 203 eee aL OSES) SO eh ee ere S14), 6) Se pee ere is, ov eRe 6) S16 série) sid. 6 erie e [ 241 ] Cea