Jacksonville post., June 12, 1909, Image 5

in the docket of city liens and thereafter collected in the same n.mn.
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garbage, refuse or impurities of any kind into any water or stream na at’
«r -tificiai. within the limits of the city or the doi^g of any oth^r act b“
which the water supply of the city might be contaminated or the general
health of the inhabitants impaired.
general
all nite T° det,ern“ne and VeHerlbe by ordinance the number and size of
all places or entrance and exit to and from public halls, churches, theaters
schools and other buildings used for public gatherings; also to prescribe
and regulate the size and manner of hanging doors thereto and the manner
of lighting and heating said places, entrances and exits.
. 1° J? C°n,pel
l*r*’n8 erect,nK or maintaining privies or cess­
pools within one hundred feet of any streets in which a sewer has or may
heteafter be constructed to connect the same therewith.
42‘ J’“ ,reBulate- Pavent and prohibit public criers, advertising noises,
steam whistles, the ringing of bells and playing of bands.
43. To regulate the rate of speed of all automobiles, trains cars
locomotives, vehicles and horses; and to punish all persons driving or
managing any such automobile, train, ear, locomotive, machine vehicle
. or horse or riding any horse in said city at any greater speed than desig­
nated in said ordinance.
4 4. To require all automobiles, motor bicycles, bicycles, tricycles
motorcycles, engines, cars, locomotives, etc., to provide and adopt proper
safety appliances, lights and warning signals for the protection of
human life and the lessening of danger thereto; and to enforce such regu­
lations by fine and Imprisonment or both.
45. To prohibit or regulate the sale and use of bean shooters, sling
shots, air guns, pistols, firearms, missile weapons, fireworks bombs
rockets, firecrackers and detonating works of all descriptions and to pro­
hibit the carrying of deadly weapons in a concealed manner and to define
what shall constitute such weapon and carrying.
46. To establish and define the fire limits, and to prohibit and regulate
the erection, removal and repair of wooden buildings within the fire limits;
to define and establish the class of material of which buildings within the
fire limits must be constructed; to regulate the height, construction and
inspection and repair of all private and public buildings within the city
and provide by ordinance regulations in regard to moving the same.
4 7. To provide for the establishment, equipment and maintenance of
a fire department and fire companies, and for their regulation.
4?. To provide for the prevention and extinguishment of fires and the
preservation of property exposed to danger on account thereof; to con­
struct cisterns and wells for water for the extinguishment of fires, and to
prescribe by ordinances such other powers, provisions, rules and regulations
as shall be necessary or expedient for the occasion.
4 9. To require adequate fire escapes, apparatus and appliances for
protection against fire, to be provided in buildings.
50. To provide the manner and regulate the wiring of houses, build­
ings and other structures for light, power, telegraph, telephone and any
other purpose for which electricity is now or may be hereafter used.
51. To regulate and prohibit the manufacture, storage, sale, trans­
portation and use of gunpowder, blasting powder, dynamite, nitro-glycerine
nnd all other combustible and explosive materials.
52. To regulate and prohibit the use, manufacture, transportation
and storage of oil, acids, gas, candles, lamps and other lights in -stores,
shops, stables and other places; to prevent, remove or make secure any
fireplace, flue, stove or stove pipe, chimney, oven, boiler, furnace or other
apparatus which may be considered by said council as dangerous in
causing fires and to make the cost of such removal or securing a lien upon
the property whereon or in connection with which the same is located
and provide for the manner of collecting the same.
53. To regulate and prohibit the building of party walls, fences and
partitions.
54. To make secure or remove dangerous, unsafe, insecure and unsight­
ly buildings and to make the cost of such securing and removal a lien upon
the premises and providing for the collection thereof.
55. To prevent, restrain, prohibit and regulate the running at large
of any and all domestic or other animals, poultry or fowl within the city
limits or any part thereof; and to provide punishment for the owners or
keepers of such animals, poultry or fowl who allow or permit the same to
run at large in violation of any ordinance or regulation for such purpose;
and to provide for the impounding and selling of any or all of such animals,
poultry or fowl found running at large within the city limits and the
time and manner of such sale, and the disposition of the proceeds of such
sale.
5G. To regulate and prohibit the driving or herding of any or all
domestic or other animals over, upon or through any of the streets, alleys,
avenues, boulevards or other highways of the city.
57. To regulate and prohibit the erection and maintenance of hitching
racks, hitching posts and all other hitching fixtures on the streets, curbs,
sidewalks and other highways of the city.
58. To provide and regulate the manner and prohibit the hitching or
fastening of any domestic or other animals upon the streets, alleys or
other highways of the city and to prohibit the leaving of domestic or other
animals, with or without carrlgae or other vehicle attached, in the streets,
alleys or other highways of the city, without being securely fastened ac­
cording to the regulation provided by ordinance and to provide the
time that such animals may be so hitched or fastened; and to prohibit the
staking or fastening of domestic or other anima’.» upon the streets, alleys
or other highways or public grounds of the city for feeding or grazing.
59. To prevent cruelty to animals and to define what shall constitute
the same and provide punishment therefor.
60. To regulate and restrain the keeping and running at large of dogs;
to punish those persons who allow their dogB to be unlicensed, or to run at
large against the regulations established, and to provide for the Impound­
ing of dogs, and for the killing of the same when kept against such regu­
lations, or on which no license has been obtained or tax paid, as provided
by the council.
61. To prohibit the keeping or feeding ofany hogs or hog pens within
the city limits or any part thereof.
62. To regulate, remove and prohibit the erection and maintenance
of stock-yards, tanneries, slaughter houses, hog pens, wash houses, laun­
dries and all other offensive trades, businesses or occupations carried
on; and to provide for their exclusion from the city or any part thereof, and
to prohibit their maintenance beyond the city limits when their proximity
to the corporate boundaries is such as to be an annoyance or nuisance to
those residing within the corporate limits.
63. To prevent, remove and abate nuisances, and to declare what shall
constitute the same, and to punish, by fine or imprisonment, or both, per­
sons committing or suffering nuisances, and to provide the manner of their
removal, and to make the costs of such removal a lien upon the property
where such nuisance existed. Such liens may, upon the order of the council,
be entered in the docket of city liens, and thereafter collected In the same
manner ns assessments for street Improvements, or may be collected in
such other manner as the council may direct. Every act or thing done,
or anything existing within the city limits, which is or may be declared
by the law of this state, or any ordinance of said city to be a nuisance,
shall be, and the same Is, hereby declared to be a nuisance, and shall be
considered and treated as Buch in all actions, suits and proceedings what­
soever, unless such law or ordinance be declared void by a court of com­
petent jurisdiction. To punish by fine or imprisonment, or both, any per­
son or persons who shall cause or continue any nuisance within the city
limits, or suffer any nuisance to exist upon any property occupied or con­
trolled by such person or persons within the city, or in any street, alley
or public highway contiguous to such property when the owner or occupant
of such property is the author or continuer of such nuisance. The powers
herein conferred upon council for the abatement or removal of nuisances
shall not be held to bar or hinder suits, prosecutions, nor proceedings ap­
pealing to the general laws of this state.
CHAPTER XIII.
Entablisliing and ( hanging of Street«; Power of Council Over Streets.
Section 78. The city council of the City of Jacksonville Is hereby
granted power and authority within the limits of the City of Jacksonville,
whenever it may deem it necessary or expedient, to open, lay out, establish,
widen, alter, straighten, vacate or close streets and to appropriate and
condemn property therefor and to levy special benefit assessments for such
purposes.
Section 79.
shall be deemed to include streets, alleys, footways and all other thorough-
lares and highways.
Section 80. Whenever the council shall deem it expedient or necessary
to open, lay out, establish, widen, alter, straighten or change any street, it
shall, by resolution, direct the city surveyor io >iKe a ...ivey of such
street or change, and to make a plat of the same, and a written report con­
taining a full and complete description of such street and change, and of
the boundaries theieof, and of the portions of each lot and tract of land to
be appropriated therefor. The city surveyor shall make such survey,
report and plat and file the same with the recorder within twenty days
from the date the same was ordered by the council, unless said council grant
him further time. Should the council deem said survey, plat and report
satisfactory, it shall adopt the same by ordinance, embodying such report.
But if said report, survey and plat be not satisfactory to the council they
may have another survey, plat and report made and filed or revise and
amend the original survey, plat and report so as to make the same satis­
factory to said council.
Section 81. Thereafter and within sixty days from the adoption of said
report, the council • shall appoint three disinterested freeholders of
the City of Jacksonville who shall have the qualifications of a
Juror of the Circuit Court of Jackson County, to view such proposed street
or change and make an assessment of damages and benefits, as provided in
the next and following section of this charter, and shall assign a day and
place for them to meet; and the recorder shall send by mail, postpaid, a
notice of the appointment of said viewers, giving their names and the time
and place of meeting, and specifying, with convenient certainty
the boundaries and termini of the proposed street or change to each of the
property owners whose property is proposed to be appropriated, or to the
agent of such owner, when the post office address of such owner or agent
is unknown to him, and if such postoffice address be unknown, then such
notice shall be directed to such owner or agent at Jacksonville
and
the
recorder
shall
give
further
notice of
the
matters
herein contained by posting a like notice in three public places in said town
lor the period of two weeks or by publication for a like period in a news­
paper published in said town, and at the next regular meeting of the
council, after the completion of such notice, present to it the said report,
plat and survey, and attach thereto a copy of said notice with proof of
publication or posting and mailing of the same endorsed thereon.
Section 82. The recorder shall at least five days before the day set
for such meeting, cause said viewers to be notified of their appointment,
and of the time and place of such meeting, and said viewers shall meet
at the time and place designated and shall then be sworn to discharge the
duties asigned them. They shall then or any subsequent day to which they
may adjourn (which adjournment shall not exceed more than one week at
a time), proceed to view the proposed street or change and to determine and
assess bow much, if any, less valuable the lands of other property, or any
part thereof, through or over which the proposed street is to be opened,
laid out, established, widened, altered, straightened, will be rendered
thereby; and shall also ascertain the respective interests of all persons
claiming to be the owners of lauds, or other property aforesaid, or of the
Improvements thereon, or to have any interest in such lands or
improvements, and the damages which each of the said owners respectively
will sustain, but the right and title of the owners of such improvement
shall not be affected by such proceedings, and the appropriation of such
lands, if such owners shall within sixty days after the appropriation of
such lands be completed, or within such further time as the council may
allow therefor, remove such improvements from said lands, otherwise such
improvements shall become the property of the City of Jacksonville. Said
viewers shall also make a just and equitable estimate and assessment
of the value of the benefits and advantages of said proposed street
or change to the respective owners, and other persons interested in all landH
or other property which said viewers shall deem specially benefitted by
such change. Said viewers shall thereafter, at their earliest convenience,
report the assessment for the damages and benfits as in this section re­
quired to the council, but any failure to state the name of the owner, or a
mistake In the name of any owner, or a statement of a name other than
that of the true owner, in such report, or in such assessment, or in the
ordinances adopting such report, or in the docket of city liens, shall not
render void nor in any way affect the lien of such assessment upon the
property assessed.
Section 83. The viewers shall receive as compensation for their ser­
vices the sum of $2.50 each for each day actually engaged in said service,
to be paid by the city and charged as costs and assessed as part of the
benefits by said viewers.
Section 84. When the viewers shall file their report the recorder shall
forthwith send by mail, post paid, a notice of each assessment of damages
and benefits, stating the time when the same will be considered by the
council, and directing all persons interested to present in writing the
objections, if any they have, to the said assessment of damages and bene­
fits and which objections will be then and there heard and determined by
said council, to the owners (if known) of each lot or part thereof, or tract
of land assessed, and any part of which is appropriated for the proposed
street or change, or to the agent of such owner, when the post office address
of such owner or his agent is known to him, and if such post office address
be unknown to him, then such notice shall be directed to such owner or
agent at Jacksonville, Oregon. If such report shall appear to the council
to be In all respects reasonable and just, it may be adopted by ordinance
embodying such report, or if It shall appear to the council that Hie dam­
ages or benefits assessed are unreasonable, unjust, or insufflcent, in any
respect, tbe council may send back to the viewers for further consideration,
nnd the viewers may alter and revise the same as they shall deem proper
and again report the same to the council, who may thereupon reject or
adopt the same; or said council may appoint new viewers with like powers,
duties and obligations as the first viewers, to make such assessment and
awards, and to report the same to the council, which shall have the same
power over such report as over that of the original.
Appeal.
—: -i---------- 1--------------------------------- --------------------- —
to pay said assessments, and it. case no appeal or other proceedings in
court be taken as to any such assessment of benefits or damages, the said
excess so assessed shall be paid to the city treasurer of the City of Ja k-
sonville within ten days from tbe time of entering the same on the docket
of city liens, or the same shall be deemed delinquent and thereupon shall
be collected in like manner as provided for the collection of delinquent as­
sessment by this charter, excepting that if all the property upon which
assessments are due and delinquent is not sold at any sale, proceedings
may be taken for a subsequent sale immediately after the returns of a sale
are made. All moneys arising from such assessment of benefits shall be
kept in a separate fund and be applicable to the satisfaction of the excess
of damages over benefits assessed to owners and other persons interested
tn the property taken or damages for the purpose of making such change
in such street, and for the payment of expenses Incurred by the city for
surveying, advertising and viewers in said proceedings.
Section 91. Whenever theafull amount of the assessment of benefits
in the docket of city liens is paid to the city treasurer, warrants shall be
drawn on the treasurer payable out of the fund to be provided for that pur­
pose, for the amount of excess of damages or of damages and costs
assessed, or in favor of the owner or owners, or other persons in interest,
and when said warrants therefor are drawn and ready for delivery to the
parties entitled to the same, such property shall lie deemed appropriated
for the purpose of such street or change, and not otherwise; provided, that
no process of any court shall issue to compel any appropriation for dam­
ages or the issuing of warrants for the same. And unless sifeh assess­
ments are collected, and the said warrants are drawn and ready for de­
livery within nine months after the termination of the time limited for ap­
peal, if no appeal be taken, or within nine months from the date of the
rendition of final Judgment on appeal, if any appeal be taken, all acts
and proceedings under such survey and view shall be null ami void.
Section 92. When said street is established, laid out or the change
therein completed the city surveyor shall record a plat of the same in the
record of city surveys, which is a book that the council must provide for
the recording of all plats and surveys that are required by the city surveyor.
CHAPTER XIV.
Section 93. The city council of the City of Jacksonville is hereby-
authorized and empowered whenever it may deem it necessary, expedient
or convenient for public welfare, to establish, construct, improve and re­
pair streets, sidewalks, crosswalks, ditches, drains, curbs, gutters and to
establish, construct, repair and improve a water and sewerage system for
the city and its inhabitants and to lay all necessary pipes, mains and other
fixtures and to provide everything necessary for such improvements and
therefor to exercise the power of eminent domain and to levy special benefit
assessments for all of such purposes.
Section 94. The term “street” as used In this chapter shall be deemed
to Include streets, alleys, footways and all other thoroughfares and high­
ways.
Section 95. The terms "improvement” and “improve,” as used in this
chapter shall be deemed and construed to include all grading, re-grading,
excavating, filling, re-filling, planking, re-planking, capping, re-capping,
paving, re-paving, macadamizing, re-macadamizing, graveling, re-graveling,
oiling, re-oiling and all othef kind, character of improvement of streets;
every character, kind and manner of constructing, improving, repairing
sidewalks, crosswalks, ditches, drains, curbs, gutters; and all manner of
constructing, establishing, repairing or improving a water or sewerage
system for the city and the laying of all necessary pipes, sewers and mains
and everything necessary for such improvements and all manner, character
and kind of bridge, culvert and tunnel work.
Section 96. The council, whenever it may deem it expedient, is hereby
authorized to order any of the improvements enumerated in the foregoing
section upon or over any street or upon or over any right of way granted
or obtained for such purposes or upon any public grounds of the city; to
determine the character, kind and extent of such improvement or improve­
ments; to levy and collect an assessment upon all lots and parcels of land
specially and peculiarly benefited by such improvements; to defray the
whole or any portion of the cost and expense thereof from the funds of the
city or by such special benefit assessment and to determine what lands are
specially and peculiarly benefited by such improvement, and the amount
to which each parcel or tract of land is benefited thereby.
Section 97. Whenever the council shall deem it expedient or necessary
to make any improvement it shall require thevity surveyor to submit plans
and specifications for an appropriate improvement of the character and kind
desired by council, and estimates of the work to be done and the probablo
cost thereof, and the city surveyor shall file such plans and specifications
and estimates in the office of the recorder. The improvement of or on
each street or part thereof shall be made under a separate proceeding. If
the council shall find such plans, specifications and estimates to be satis­
factory, it shall approve 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 resolution, declare Its purpose
of making said improvement, describing the same and including the city
surveyor’s estimate of the probable total cost thereof and also defining the
boundaries of the assessment district to be benefited and assessed there­
for. The action of the council in declaring its intention to make an im­
provement, directing publication of notice thereof, approving and adopting
the plans, specifications and estimates of the city surveyor, and determining
the district benefited and to be assessed thereby, may lie done In one and the
same act.
Section 98. The resolution of the council declaring its purpose to
make an Improvement shall be kept, of record in the office of the recorder,
and the recorder Bhall give notice by publication at least once in a news­
paper published in said city of the passage of said resolution, and stating
the boundaries of the Improvement, the character of the improvement, and
the district to be assessed and the estimated cost thereof. The city sur­
veyor within five days from the first publication of said resolution shall
cause to be conspicuously posted at each end of the line of the contemplateu
improvement a notice headed "Notice of Improvement Work” in letters not
less than one inch in height or length, and which said notice shall contain
In legible characters a copy of the resolution of the council and the date
its adoption, and the city surveyor shall file with the recorder an affi<’
of the posting of said notices, stating the date, when and the places
the same have been posted and which notices must remain posted
The proof of publication shall be made the same as proof of pu’
summons in the Circuit Court.
>f within fifteen < ays from the date of ‘
S'
renions! ranci • against said Imp.
publl
within tin
by r
asse
and
she
VO
by
Section 85. Any person feeling aggrieved by the assessment of such
damages as herein provided, within thirty days from the adoption of the
roport of the viewers by the council, appeal from such report to the
Circuit Court of the State of Oregon for Jackson County. Any number
of persons may join In such appeal, and the only question to be determined
on such appeal, shall be the amount of damages Buch appellants are en­
titled to on account of the change In such street.
Section 86. Such appeal shall be deemed and be heard and determined,
and the Judgment thereon enforced, so far aH practicable, In the same man­
ner as an action at law; and, In case two or more join in said appeal, the
jury shall hear the evidence concerning the damages sustained, and In their
verdict find the amount of damages, if any, sustained by each appel­
lant. The verdict of the jury shall be a final and conclusive determination
of the matter of such assessment.
Section 87. The appeal shall be taken by serving a notice of appeal
within thirty days from the adoption of the report of the viewers by the
council, upon the mayor or recorder of the city, and filing an undertaking
with one or more sureties, who shall possess the qualifications of ball upon b
arrest in a civil action, and shall justify in like manner, conditioned that the >
appellant will pay all costs and disbursements that may be awarded against
him on appeal, not exceeding $300, together with the proof of service of
Buch notice, in the office of the clerk of the Circuit Court. Said notice
may be served by the appellant or by the city marshal.
Section 88. If the appellant, or any of them, fail to recover greater
damages or to secure a more favorable assessment of benefits, as the case
may be, than were assessed by the viewers, Judgment shall be rendered
against him and his sureties on appeal for his proportion of the costs of suet
appeal to be paid pro rata according to the respective amount of damag«
and benefits assessed.
Section 89. The same costs and fees shall be taxed and paid upon su
appeal as are allowed by law in other actions.
Sec tion 90. The council at the expiration of tbe time limited for ap|
if no appeal be taken, or immediately after judgment is rendered on api
if an appeal be taker, and if it shall deem It advisable to make such ch
tn pursuance of said judgment, shall, by resolution, dlreit the record
enter In the docket of city liens the respective sums of benefits over
ages so assessed, upon each particular lot or parcel of land, and the
of the owners or other parties interested In the lands or other pi
benefitted and assessed in like manner as assessments for street it
ments are entered in said lien docket, and when so docketed said su<
be a lien or charge upon the estate and interest of the respective
and parties Interested in such lands or other property and also
The term "street” whenever used in this article or chapter owners and parties a > aforesaid, shall be respectively and seven
1