the term of said court; provided, however, tnat if auy witness resides in i not less than $1UU and not more than $10»U, a3 the council may elect, and council ought to be licensed and taxed,
of the inhabitants of the city and
IS. To provide water for the use
Jackson County. Oregon, and without the city limits of the City of Jackson | shall be signed by the mayor and recorder with the name of their office
contract for water to be furnished
buy,
sell,
lease
or
ville, and his testimony in any cause sh-tll be deemed by the recorder a3 affixed and under the seal of the City of Jacksonville with interest coupons to that end to own,
by thlfd persons to the city or to the inhabitants thereof and to control
appertaining to the issue, and his oral examination important and attached thereto, with the signature of the mayor engraved thereon. Said
and
regulate the use and rate thereof; to own, buj, lease, or contract for
necessary, such witness may be by proper subpoena, signed by said record- bonds shall be made payable within 20 years, interest payable annually or
such purposes; to construct, rnaln-
er, compelled to attend the place of trial, provided that Upon the attend- sbmi-annually and shall not be sold for less than their par value, nor other property within or without the city for
tain
and
own.
manage,
operate
a
complete
system of water works, with
ance of such w’itness, he shall be nllowed as witness fees, the sunt of $1.50 wise than for cash paid down at the time of sale, nor draw a greater rate of
all the necessarv implements and appliances for the supply of water
per day, together with mileage fees amounting to 10 cents per mile for interest than this chapter provides.
each mile necessarily traveled by said witness in going and returning from
Section 69. Before disposing of any of the bonds provided for in this to the city and citizens of the City of Jacksonville and vicinity, to be
raid place of trial. Before any witness shall be allowed to give testimony i chapter the council shall require the recorder to advertise for thirty days, I constructed in such time and manner as shall seem to the council most
before said recorder’s court, he shall first be required to take an oath in at least one newspaper in this state, designating such newspaper or practicable, or as shall be determined by a vote of the electors of said
or affirmation such as is administered In the Circuit Court for Jackson newspapers, for sealed proposals to purchase said bonds or any part there city upon referendum of such measures or upon the Initiative petition
County, Oregon, and which said oath shall be administered by the re- of, which said advertisement shall contain and state the amount of bonds and the water to be taken therefor may be taken from any stream, spring,
»•order.
to be sold, the time the same will become due, the date at which proposals well or wells, cistern or cisterns and for this purpose to condemn private
CHAPTER VII.
will be opened and considered, and that the bonds are Issued and disposed property in the same manner that private corporations may do so under
the general laws of the State of Oregon.
The Treasure!'—His Powers and Duties.
of under this chapter.
19. To provide electric, gaa or other lights for said city and for its
Section 51. The treasurer must receive and safely keep all moneys
Section 70. At the time specified in the notice provided for in the
inhabitants,
and to that end to own, buy, sell, lease or contract for property,
mid funds that come to tho < ity, either from taxation or otherwise, and shall preceding subdivision of this section the council shall proceed to open all
pay the same out only upon warrants drawn upon him by the mayor and proposals received for the purchase of the bonds offered and to be disposed or contract with third persons to furnish the same to said city or its
attested by the recorder, and to do and perform all other acts as are of, and shall sell the said bonds to the person or persons making the best inhabitants, and to regulate and control the price and the use thereof;
prescribed for him by the city council. He shall pay no claim agalnst offer or offers therefor; provided the council shall have authority to reject provided, that no purchase of any public utility or no sale or lease of any
such property desribed in this or the preceding section shall be without
the city until the same shall have been audited and allowed by the city any and all bids and proposals.
council.
Section 71. The council shall at the same time the tax for general the consent of at least three-fourths of the entire council. Said contract,
Section 52. The treasurer shall keep an account with the general tax is levied in each year after the issuance of any such bonds, levy and purchase or lease shall be made by ordinance und shall not become bind
fund, and a separate account with each special fund, and when an order collect a special tax on taxable property within said town sufficient to ing or operative until the eleventh day after its passage.
20. To prevent and restrain riot, noise, disorderly conduct, and dis
is drawn upon one fund it cannot be paid out of another fund.
raise money to pay the interest on all bonds issued hereunder, and to pro
Section 53. He must on the first day of January, July and October of vide a sinking fund with which to pay the principal of said bonds at matur orderly assemblages.
21. To regulate and prohibit the passage of any steam, traction,
each year, and at such other times as he shall be directed so to do by the ity. Said tax may be included in the other taxes on the town considered
council, make out and present to the mayor a full and complete state- a part thereof, for the purpose of levying and collecting the same; and as or other engine, motor or machinery upon the streets or any bicycle,
ment of the receipts and expenditures of the preceding year and said re fast as the taxes are collected, its proportion to the other taxes collected motorcycle, tricycle or similar vehicle, upon the sidewalks.
22. To license, tax and regulate barrooms, saloons, billiard rooms,
port made on the first day of January of each year shall be accompanied with It or included in the sum collected, shall be Bet apart from other
by a statement of the outstanding indebtedness of the city, including inter taxes as a special fund for the purpose, and to be used in the manner bowling alleys, or any place where spirituous, malt or vinous liquors are
est on unpaid warrants.
and for the purpose hereinbefore provided, and shall not be used for any sold or offered for sale; provided, that the council may refuse any particu
Section 54. The council shall have full power and authority to pro other purpose than that for which the same was levied and collected.
lar person a liquor license, and may restrict the number of licenses
vide for such other and further duties by such officer as they may deem
Section 72. The money belonging to the sinking fund provided for by granted.
expedient for the welfare of the city.
the preceding subdivision of this chapter may be by the city Invested from
23. To prohibit any person from selling or giving away any malt,
CHAPTER VIII.
time to time in interest bearing bonds of the United States or of this spirituous or vinous liquor to any person under the age of twenty-one
The Marshal—His Powers und Duties.
state, or of municipal corporations therein, or may be used in purchasing years, and to prevent the owner or keeper of any place where such liquors
Section 55. The city marshal shall be the conservator of the peace any out standing bonds or warrants of the City of Jacksonville until dls- are sold or kept for sale from permitting any person under the age of
within the limits of the City of Jacksonville. In addition to the duties pre- posed of under this chapter.
twenty-one years to come into or remain in any such place; provided,
scribed by the council, he must execute and return all process issued by the
Section 7 3. In the event that said council shall deem it for the best that, no license for the sale of any liquor as a beverage shall ever be issued
recorder or any justice of the peace within said city, or any part of the interest of said city, the said council Is hereby authorized to issue the to any person who shall have been previously convicted of wilfully and
State of Oregon. He must attend upon the recorder's court regularly.
bonds of said city to refund any outstanding indebtedness at a lower rate knowingly selling any intoxicating liquor to any minor knowing hltn to be
Section 56. He may appoint one or more deputies with the advice and of Interest than the warrant now bears, but for all other purposes said such.
consent of the mayor.
bond issue shall only be authorized by a majority vote of the qualified bond
24. To prohibit the selling or giving of any intoxicating liquor to any
Section 57. It shall be the duty of the city marshal, or one of his voters.
drunken person, or any person in the habit of becoming intoxicated,
deputies, on view or information, to arrest any person charged or known
Section 7 4. That In determining the indebtedness of said city the and to define who is such person, and to designate who are such persons.
to have violated any of the criminal laws of the State of Oregon, or any of total amount of all warrants and bonds, and the accumulated interest
25. To restrain or prohibit the smoking of opium, or the running ol
the ordinances of the city, and shall hold such person in custody and thereon, shall be held to constitute the total indebtedness.
opium houses or place.; for smoking opium; to define what is an opium
promptly take him before the recorder or any justice of the peace, until
Section 7 5. Should the city council deem it for the best interest of the house or place for smoking opium; and to punish the proprietors and
such recorder or justice of the peace shall determine whether such per city, the city council is hereby authorized to issue the bonds of the city keepers thereof; and opium smokers and frequenters of such houses.
son shall be released or committed for trial In due form of law.
to refund any outstanding indebtedness at a lower rate of Interest than the
26. To suppress, restrain or prohibit bawdy and assignation
Section 58. The city marshal or any of his deputies on arresting any warrant now bears, but for all other purposes said bond issue shall only houses, houses of ill-fame and prostitution, gaming and gambling houses,
person in the night time, shall commit such person to the city prison for be authorized by a majority vote of the qualified bond voters.
gaming and gambling, all model artist exhibitions, and other shows of an
the night, or he may accept cash bail from such person, conditioned for
CHAPTER XII.
immoral nature, and to define and declare by ordinance what shall con
hls appearance before the recorder of the city the following day to answer
Powers and Duties of Council.
stitute the same; to punish by fine or imprisonment or both, any person
to any charge preferred against him by such marshal or deputy, or other
Section 7 6. The city council shall have the power and authority, within who, owning, controlling or being in possession of any house or rooms
person. Said marshal shall take all persons so arrested the next morning the limits of the City of Jacksonville, to enact all ordinances and adopt therein, uses the same or any part thereof, or knowingly permits the
before the recorder for further proceedings against him; but if cash bail ail resolutions as shall be needful or requisite to maintain, establish and same or any part thereof to be used as a bawdy or assignation house, or
has been accepted for the appearance of any such person, the officer promote the peace, good order, health, cleanliness, government, ornament, house of ill-fame or prostitution, a gaming or gambling house, or for
taking it shall the next day make a report of the facts and deliver the prosperity and general welfare and safety of the city and its inhabitants, a model artist exhibition, or other show of an immoral character; to pun
money, so taken as ball, to said recorder, and said police officer shall make and to protect the property and person of its inhabitants and to exercise, ish, fine, fine and imprisonment, or both, any and all persons who occupy,
affidavit for a warrant against any and all persons so arrested, or within the limits of the city, all the powers commonly known as police visit or resort to such house or houses, and to punish by fine and im-
against any person whom there is probable grounds to believe has violated powers, to the same extent as the State of Oregon has or could exercise said prison ment, or both, any persons or person who engage in gam
any ordinance of the city, whenever requested so to do by either the re powers within said limits; provided, however, that said city council shall ing or gambling, as the same is defined by ordinance; to punish
corder or mayor of the city.
not have the right to license or permit by ordinance or otherwise any act by fine or imprisonment, or both, any person or persons who loiter about or
Section 59. It shall be unlawful for any police officer of said city to in conflict with the general laws of the State of Oregon, now in force and Inhabit or frequent any house of ill-fame or ill-repute, or live with a
permit the escape of, or take cash bail from, any person found or charged effect or any law of the State of Oregon that shall hereafter be enacted,, prostitute or woman of ill-repute, as the same may be defined by ordin
with committing a felony.
and if, in the construction of this charter, a conflict should arise in the ance. Common reputation shall be competent evidence and proof of the
Section 60. The city marshal or any police officer of said city, shall operation of the criminal law of the State of Oregon, with the police regu character of such house.
have power and authority at any time to enter any room, building, or lations of the city, the general statutes of Oregon shall have precedence
27. To define vagrancy, and to provide for the punishment, support,
other place In said city where he has reasonable grounds for believing that and shall be superior to the ordinances of the city in the administration restraint and employment of vagrants and paupers, and to provide a work
the criminal laws of the State of Oregon or the ordinances of said city of the criminal law, and all ordinances of said city shall be subject to the house and place of detention for the keeping of vagrants and vicious per
are being violated, and on view arrest therein any and all persons whom he above restrictions and In conformity therewith.
sons, and to provide rules and regulations for the government thereof.
has reasonable grounds to believe guilty of violating said laws or ordin
Section 77. The city council of the City of Jacksonville shall have
28. To take, purchase, hold and sell real estate when sold for any
ances, and hold them in custody for examination or trial, as provided In power and authority:
assessment for municipal purposes, either general or special.
this chapter.
1. To assess, levy and collect all taxes within the corporate limits of
29. To license, tax and regulate dance houses, theatrical exhibitions
Section 61. If the city marshal or any police officer of the city neg the City of Jacksonville necessary to meet the expenditures of the city gov and other shows and amusements and prohibit the same when Indecent
lects to comply with any of the requirements of this charter, or ordinances ernment, upon all property made taxable by the laws of the State of Ore- or liable to excite lust, and to define what shall constitute such exhibitions
of the city made in pursuance thereof, or Is abseift from the city for a gon.
and amusements.
„
period of more than twenty-four hours, without the consent of the council
2. To borrow money, incur indebtedness, issue warrants and negotl-
30. To provide for the collection and disbursement of all money to
or mayor, or is careless or Inattentive to hls duties or disobedient to the able bonds in the manner and to the extent In tills charter provided and which the city is or may become entitled by law, or which may be assessed,
lawful orders and directions of said council and mayor or recorder, the not otherwise.
levied or authorized to be collected for city purposes within the city. .
same shall be sufficient cause to authorize the council to declare hls
3. Except as otherwise provided In this charter, or in tho constitution
31. To provide for the erection, control, and repair of such buildings
office vacant.
or laws of the State of Oregon, to regulate and control for any and every as may be necessary for city purposes, within or without the city.
Section 62. The council Hhall have the power and authority, by ordin purpose, the use of streets, highways, alleys, sidewalks, footways, public
32. To provide punishment by fine. Imprisonment and hard labor
ance or otherwise, to prescribe such other and further duties for the thoroughfares, public places and parks of the city.
for the violation of any city ordinance, but no fine shall exceed the sum
marshal and other police officers of the city as it shall deem advisable,
4. To provide for the survey and plat of the blocks and streets of the of $50 and no term of imprisonment or hard labor shall exceed twenty
not inconsistent with the provisions of this charter.
city, and for marking the boundary lines of such streets, blocks and lots days; and, where fine and costs are imposed the person adjudged to pay
Section 63. The marshal shall attend the meetings of the council and and to provide for the survey and permanent marking of the boundary the same may be imprisoned one day for each $2.50 fine and costs, or
perform the duty of sergeant-at-arms for said body, watch over, care for lines of the corporation.
kept at hard labor one day for each $2.50 of said fine and costs, If he fail
nnd preserve the city property, and perform such other duties as may
5. To provide for the naming and numbering of streets and the num or refuse to pay the same.
be Imposed upon him by the mayor or the city council.
bering of houses and to compel the owner or owners of houses to num
33. To provide by ordinance for the granting of franchises; provided,
CHAPTER IX.
ber them in accordance with the regulations prescribed therefor by ordin- that no franchise be granted for a longer period than twenty years and
Horn! of Recorder, Marsluil, Treasurer and Street Commissioner.
ance.
before any grant, or any franchise or right to use any highway, avenue,
Section 64. The recorder, treasurer, marshal and street commissioner
6 To control, regulate, prevent and prohibit the construction or niain- btreet, lane, or alley, or other public property, either on, above or below
shall before entering upon the duties of their respective offices, each tenance of awnings, bill boards, posters, advertising signs, sign posts,
the surface of the same shall be made, the proposed specific grant shall
execute a bond to said city in such penal Hum as the council may by ordin hitching posts, awning posts, bicycle racks and all other obstructions within
be embodied in the form of an ordinance, with all the terms and condi
ance prescribe, conditioned for the faithful performance of hls duties, and the Btreets or upon the sidewalks and to compel the removal of such
tions. including all provisions as to rates, fares, charges, if any, which
such bond shall be approved by the council before said officer enters upon obstructions or anything that is so constructed and maintained in viola
proposed ordinance shall be published In full at the expense of the ap-
th* discharge of hls duties. The bonds when approved by the council tion of any ordinance or regulation in regard thereto and to make the
pllcant for the franchise, at least twice in a newspaper published in said
shall be filed with the recorder, except the bond of the recorder, which cost of such removal a lien upon the property immediately in front of city. Such publication shall take place and
be completed not less than
shall be filed with the treasurer. Appointive and subordinate officers may which the same Is maintained or constructed; to make all needful or ex
twenty nor more than ninety days before the final passage of such ordin
also be required by ordinance to file a like bond to the city.
pedient regulations to keep and maintain the public streets, sidewalks ance, and such ordinance shall require for its
passage the affirmative vote
CHAPTER X.
and places in a clean, open and safe condition for public use.
of at least three-fourths of all the members of the council, as shown by
Taxation.
7. To regulate, control and prohibit the erection and maintenance of ’’yeas" and "nays,...............
" and the approval of the mayor, before it shall be valid
Bectlon 65. The council shall provide by ordinance a system for the all telegraph, telephone, electric light or power lines, wires, cables, poles for any purpose;
but if the same is vetoed by the mayor it shall not be-
assessment, levy and collection of all taxes necessary to meet the ex and posts, conduits and all electric and other apparatus for the carrying
come operative unless passed by a unanimous vote of the councilmen. No
pendltures of the municipal government, which said system shall conform or transmission of electric current or power of any nature whatever; the
amendments to any franchise after publication shall be valid unless the
as nearly ns may be to the laws of this state. There shall be annunlly manner of constructing and the location of street car lines or railways,
ordinance, as amended, shall be republished in like manner and for like
levied on all the property In the city taxable for county and state pur the manner of operating the same, and to regulate the rates of fare there
time as the original. No franchise shall be granted or put on its final
poses, a city tax, not to exceed three per centum of the value of the prop on; of water mains and pipes, oil and gas mains nnd pipes, sewers, drains
passage within sixty days of its introduction, and no franchise shall be
erty, for city purposes, and such further amount as may be necessary to pay and ditches, and the opening of street surfaces.
granted which by its terms will not go into effect within one year after
uny judgment existing against the city: but any license exacted and col
8. To regulate, control and prohibit the planting of trees and shrub- its passage The council is hereby granted power to Impose by ordinance
lected by the city upon any place, person, pursuit, occultation or calling, bery along the streets and sidewalks.
other conditions and regulations for the granting of franchises and to re
and the property connected with the place, person, pursuit, occupation or
9. To compel the owners of lots adjacent to any street to construct, voke the same violation of such ordinances or regulations.
calling licensed shall not be considered contrary to or in conflict with the re-construct, repair and re-repair sidewalks adjacent and contiguous to
34. Whenever herein any right or authority Is given said city council
provisions of this section.
said lots in the manner pres rlbed herein and by ordinance and in de to regulate or prohibit any act, such provision shall include the right to
CHAPTER XI.
fault of the owner to comply therewith to have the same constructed and punish all persons guilty of any violation of the ordinance regulating or
Bonds and lndehtedncss.
make the cost thereof a Hen upon the adjacent and contiguous lot and to prohibiting said act or acts.
Section 66. The council of the City of Jacksonville shnll have the provide for the collection of the same by the sale of said lot or lots and
Health, Safety, Welfare.
power to borrow money on the faith of the city, and to that end to pro everything necessary and requisite to carry into effect this power.
35. To make regulations to prevent the introduction of contagious.
vide for the issuance of bonds by the city for any specific purpose, and
10. To provide and establish n road district, which shall be of the Infectious or other diseases into the city and to remove and quarantine
designate the manner aud time of payment thereof and the interest there same extent and be embraced within the corporate limits of the city.
persons afflicted with such diseases; to establish, provide, regulate and
on; provided, that the nmount of said bonds shall not at any time exceed
11. To divide the city into wards and change the same at will; pro- maintain hospitals within or without the city limits and for this purpose
the sum of $100.000.00. and that the rate of interest on such bonds shall vlded. a change in the wards of the city shall not be made oftener than once
to purchase, lease or otherwise acquire property within or without the city.
not exceed six per centum per annum; and provided further, that the In two years.
3 5. To appoint and constitute a board of health and define their
total indebtedness of the city shall not aggregate $125.000.00. and that
11. To open, vacate, alter, grade and Improve streets as herein pro- dutlei and to prescribe sanitary regulations for the city.
before the Issuance of any of the bonds aforesaid or any part thereof, vided.
37. To regulate the plumbing, drainage and sewerage of buildings
the question of Issuing the same or any part thereof, shall be
IS. To exercise the right of eminent domain for all municipal pur- and property and to appoint an officer or committee for the supervision and
submitted to the qualified bond voters of said town at a regular town poses and to provide the procedure therein.
inspection of such work, and to prohibit the maintenance and provide for
election, or at a special election held therefor, which special election shall
14. To provide a municipal court, to be called the Recorder’s Court, the removal of any such plumbage, drainage, sewerage that is not con
be conducted in the same manner as a regular election and election under and to regulate the practice and proceedings of the same.
structed or maintained according to the regulations provided by ordinance
the Initiative herein provided for: provided, that the notice of said election,
15. To establish a police force, which shall be under the superintend and to make the cost of such removal a Hen upon the property upon which
general or special, shall contain a statement of the object of the proposed ence of the city marshal.
the same is found or fixed and to provide by ordinance for the collection of
issue, and the estimated cost of each and every of the said objects.
1«. To license, tax and regulate auctioneers, hawkers and peddlers, the same.
Section 67. If a majority of the legal voters of said town shall be In brokers and pawnbrokers, or to prohibit any or all of such occupations
38. To fill up or drain any lots, blocks, or parcels of land where any
favor of the Issue of said bonds, they shall be issued, or such part thereof within the city.
stagnant water stands, and to declare tho tame a nuisance, and to make
as shall be authorised at said election, by the city council of said town.
17. To license and tax the selling of goods by sample, and snch the cost of filling up or draining the same a Hen upon the property so fill
Section 68. That said bonds as aforesaid shall be In denominations of other branches of business and professions as tn the Judgment of the
ed or drained. Such liens may, upon the order of the council, be entered