an itemized account of the expenses of
thereof as required in Section 133, which such work, and file a statement
such council, street committee or street statement shall be certified to by
recorder. The recorder shall thereupon commissioner and filed with the
enter the same in the docket of
an<1 the S“,Ue sha" ttler8uPOn become t ’• •
----------
-------- j and be a lien upon the
Abutting property upon which
said repairs were made or said obstructions
removed.
Bcetion 135, Notice of the
•hail be given in the same
H"‘h assessment ln the lien docket
in aaaessments fo“^Xe™
*3 —1 -
«'ven
within twenty days from the date of said notice“ ! aS8eMn,e,lt is a"».P«ld
in the camo manner that assessments r
i.
"*me "’ay be col,ected
“i assessments for improvements are collected
CHAPTER XVI.
’
„
Road District.
City ornckXh^XratOhytenibraCed WUhin thG C°rPOrUte 1,n“ts °f
the
southeast o.;
6
at coni“e“«*n« at the southwest corner of the
Otte M rlrt?
ter °f BeCtiOn 31- township 37 south, range 2 west Wlllam-
boundary of“i n TX i XX T*0 ‘b“*"81 thenee nOrth to ‘ha
uuuaiy or j. n . T. Millers land claim- thence west
¡»..h ,» w.
bes,„,„. ,ha]|
x™
s” tS m“"™ bT
J"k“"'ul' »“■> own«.
U
Ct comiuis8‘t>ner, acting under such rules and re
M.ons as shall be prescribed by the city council, shall have the care and
pervlsion of the roads, streets, highways, alleys and other public grounds
h m“l th
»' Sa‘d StreCt comnil8slo“er shall obey all orders given
him by the mayor, but said mayor shall not make any order that conflicts
with the provisions of this charter or the ordinances of the city or the rules
and regulations of the council.
*
lne Ue
Section 138. All male residents of said road district between the ages
of twenty-one and fifty years, inclusive, except active firemen and
the f rst Lv Tf diSab,‘ed f°r n’anUal 18b°r' 8ha" annua"y. «»> <»• before
he
day of June of each year, pay in cash to the treasurer of the city
fund'of* the city" “ *,Ol‘
WWCh 8haU be “laCPd to the Credlt °f the street
5
nollXiO,h
The C“y COUnC" may 1,rescrlbo
"«ode of collecting said
LllX b ofricers to collect the same and all other things germane to its
ollectlon, management and disbursement, but all the proceeds of said
tax must be expended for the benefit and improvement of roads, streets
and alleys.
Section 14-0. The council shall have power and authority to provide by
ordinance the amount which shall be levied on taxable property for street
and road purposes, the manner in which the same shall be expended on
said streets, roads and alleys, the manner of establishing the grades
thereof, and all other things relative and necessary to the Improvement and
repair of the streets, roads and alleys of said city
Provide for Changes Being Filed with Mayor.
Section 141. The street commissioner shall be removed by the council
after a proper hearing by the council if he be found guilty of inattention to
duty, carelessness or negligence in the discharge of the same, disobedience
to the orders of the mayor or council, or if he shail, without leave of said
mayor or council, be absent from said city for more than ten days at any
time.
CHAPTER XVII.
Initiative and Referendum.
Section 142. Proposed amendments to the charter of the City of Jack­
sonville may be submitted to the legal voters of said city by ordinance
passed by the city council, which said ordinance shall embody or have at­
tached thereto and made a part thereof, the complete text of the proposed
amendments in such sections and subdivisions as the .council shall deem
necessary for an Intelligent vote upon the various amendments proposed.
Such ordinance shall appoint a time at which the legal voters of said city
shall vote upon said proposed amendments. Said ordinance, with the full
text of said proposed amendments shall be published for not less than ten
days nor more than sixty days, either by posting on the bulletin board at the
front door of the city hall in said city, or by publication in a newspaper pub­
lished ln said city for a designated number of issues within said time, or by
both Buch posting and publication, as Hhall be designated in such ordinance.
Section 143. If the publication be made by posting, either with or with­
out publication In a newspaper, proof of such posting shall be made at any
time before said amendments shall be voted upon, by the recorder of said
town filing in his office a certificate in which he shall certify that pursuant
to an ordinance he did, on a date named, post said ordinance with a full
copy of the proposed amendments embodied there!», or attached thereto
and made a part thereof, upon said bulletin board, where same remained
posted for more than the required number of days. If the publication,
however, be directed by said ordinance to be made in a newspaper, proof
of such publication shall be made by filing of the affidavit of either the
printer, publisher or foreman of said newspaper, with the recorder on or
before the time of voting upon said amendments. Said affiant shall certify
that as printer, publisher or foreman (as the case may be) said ordinance,
containing a copy of the amendments therein proposed, was published in
said newspaper, and that such publication Was made in the number of
Issues required by said ordinance.
Section 144. Said ordinance shall also prescribe a title to be printed
upon the ballot, which title shall be such as In the judgment of the council
shall fairly and impartially convey the Import vf the proposed amendments.
The proposed amendments shall then be submitted to a vote of the legal
voters of said city, who shall ballot upon the same in the manner provided
by law for balloting upon laws submitted to the vote of the people.
The council may, or may not, in its discretion, issue any statement
to the voters containing a reason or reasons for said proposed amendments
and any arguments thereon, and may provide for the printing and distribu­
tion, either of said arguments or of said proposed amendments, or any part
thereof.
Section 145. If at said election said or any of said proposed amend­
ments shall receive a majority of all of the votes cast for or against the
same, then the amendment or amendments receiving such majority shall
become a part of the charter of said city, as herein provided, to-wit: At
the first regular meeting of the council after said election or at any special
meeting thereof called or held for that purpose, the mayor shall issue a
proclamation, which shall be spread upon the record, stating that said
amendments wdTfe carried-or lost (as the case may be), designating those
that were carried or were lost, flld proclaiming that from and after said
date those that were carried should be a part of said charter and the
charter amended to conform thereto. Said proclamation shall be sub­
stantially in the following form, to-wit:
Proclamation of the Mayor of the City of Jacksonville on Amendments to
the Charter Submitted by Ordinance No.-------
By virtue of the authority in me vested as Mayor of the City of Jack­
sonville, I do proclaim that amendments No.------- proposed by Ordinance
No.------- , received a majority of all of the votes cast for or against the
same, or failed to receive a majority of all of the votes cast for or against
the «atne (as the case may be). That from and after this date, amend­
ments No.------- are a part of the charter of the City of Jacksonville, and
the same is amended to that effect.
Dated at Jacksonville, Oregon, this............ day of.-.................................19...
’
Mayor.
Section 146. If any amendments to said city charter shall receive
a majority of the votes cast thereon, and the mayor shall at the first regu­
lar meeting of the council or at a special meeting called or held for that
purpose, refuse or neglect to issue said proclamation, then such facts
shall be entered upon the record by the recorder and said amendments so
carried shall be deemed a part of said charter with the same force and
effect as though said proclamation had issued. Within five days after any
such amendments shall become effective, the recorder shall note the fact
upon the record and shall copy into the record the amendments so carried.
Thereafter the same shall be printed with the charter as a part thereof
whenever the printing of said charter shall be authorized.
Section 147. The people of the City of Jacksonville shall have the
power to petition by the initiative petition for amendments to the city
charter. Said petition shall be proposed by not less than 10 per cent of
the legal voters of the city, and shall be substantially in the following form:
INITIATIVE PETITION.
To the Honorable Mayor of the City of Jacksonville and the Recorder
thereof:
We, the undersigned legal voters of the City of Jacksonville, respect­
fully demand that the following proposed amendments to the charter of
said city be submitted to the legal voters thereof for their approval or re­
jection at an election to be held on the................. uay of........................................ .
.............................................. We have personally signed this petition, and are
each legal voters of said city. (Here follow the required number of signa­
tures.)
Section 148. Such petition shall have attached to It the affidavit of the
person who circulated said petition or of any person who knows the signa­
tures of the voters thereto, to the effect that the signatures are genuine
and are all legal voters of said city.
Section 14 9. Several forms for said petition may be circulated at the
same time, and when filed shall be deemed one petition. Attached to each
form shall be the full text of the amendments proposed. Said petition shall
be filed with the recorder not less than fifteen days before the time pre­
scribed in said petition for holding of said election. Said petition shall
prescribe the title by which said amendments shall be designated upon the
ballot and which title shall convey briefly the import of the proposed
amendments. Upon the filing of said petition the recorder shall immediate­
ly post a copy of said petition embodying or having attached thereto the
proposed amendments, which said petition shall be published by being
posted upon the bulletin board of the city hall, and shall remain so
posted until after said election. The posting of said petition shall be
deemed a notice and call for said election and said election shall be held in
the same manner as though the amendments had been proposed by
council. Proof of the publication of said petition shall be made in sub­
stantially the same as for the posting of an ordinance submitting amend­
ments proposed by the council. The amendments thus voted upon which
teceive a majority of the votes cast thereon shall become a part of said
charter in the same manner as herein provided for those proposed by the
council, and shall be spread upon the record and printed in like manner.
Section 150. Ordinances and resolutions of the City of Jacksonville in
addition to being passed by the council, may be ordained by the people
through the initiative petition, as follows: Not less than ten per cent of the
legal voters of said-city may propose any ordinance thereof to be voted
upon by the legal voters by an initiative petition signed by at least ten
per cent of the legal voters of said city, embodying or having attached
thereto a copy of said ordinance or resolution, and designating a date at
which an election thereon shall be had and held. Said initiative petition
shall be substantially the form given in Section ------- , and shall be verified
in the same manner as is provided in section ------- .
Section 151. Said petition shall be treated In all respects the same as
a petition proposing amendments to the charter, and the manner of giving
the notice of said election, the proof of notice, the holding of said elec­
tion and the procedure for making said ordinance effective if passed, shall
conform as nearly as possible to the proceeding herein prescribed fol­
amendments to the charter proposed by the initiative. The time for giving
notices of said election shall be the same as that prescribed for amend­
ments to the charter. When any ordinance shall be thus passed, it shall
have the same force and effect as though passed by the council and be sub­
ject to the same requirements as to proclamation, record and printing.
Section 152. When any ordinance shall be passed by the council it shall
become effective on the eleventh day thereafter without further action by
the council, unless within said time a referendum petition shall have
been filed as herein provided. At any time within ten days after the pas­
sage of any ordinance by the council a referendum petition thereon may­
be filed with the recorder, the effect of which shall be to suspend the
operation of said ordinance subject to a vote thereon by the legal voters
of said city. The following shall be substantially the form of petition
for referendum to the voters on any ordinance passed by the council.
PETITION FOR REFERENDUM.
To the honorable Mayor of the City of Jacksonville and the recorder
thereof:
We, the undersigned legal voters of the City of Jacksonville respect­
fully order that Ordinance No.------- (giving the number of the ordinance
only, or if the petition is against less than the whole ordinance, set forth
the part of the part on which the referendum Is sought), passed by the
council of the City of Jacksonville on the. ............... day of.....................................
................................. be submitted to the legal voters of said city for
the approval or rejection by said voters at an election to be held on the
................. day of............................................................ and each for himself says
that I signed said petition and am a legal voter of said city. (Here follow
the required number of signatures.)
This petition shall be signed by at least ten per cent of the legal voters
of said city, and if against a part only of any ordinance shall have that part
embodied in the petition or attached thereto. If against the whole of said
ordinance, It shall have the whole of the same embodied or attached thereto.
To said petition shall be appended an affidavit conforming as nearly as
possible to that provided for initiative petitions. Several forms of said
petition may be circulated at said time and when filed shall be deemed
one petition.
Section 153. Said petition shall be filed with the recorder at least
1'5 days before the date designated ln said petition for the holding of said
election. Notice of said election, publication thereof, the manner of holding
the same and of voting on said petition, shall conform as nearly as possible
to the manner provided for initiative petitions. Proof of publication and
the manner of making said vote effective shall conform as nearly as possible
to the provisions respecting votes under the initiative petition. Whether
said ordinance is lost or carried shall be proclaimed by the proclamation
of the mayor, or upon his failure so to do, the will of the people shall be
carried out In the same manner provided for in eases voting on charter
amendments. Should said ordinance be lost it shall be the same as an
ordinance submitted to the council and lost by a vote of the council. If
the action of the council in passing the ordinance shall be sustained, the
ordinance shall become effective from and after the proclamation of the
mayor, or in case of failure to make sakl proclamation, from and after the
time at which said proclamation should have been made.
Section 154. Should the recorder fail to give notice of the holding of
any election on any initiative or referendum petition as herein provided, any
legal voter may mandamus .said recorder in the Circuit Court of the State
of Oregon, and if in said proceeding said election be ordered to be held,
the court may, if the circumstances require it designate another date than
that named in the petition on which the election shall be held, and said
date shall be inserted in said petition by the recorder in lieu of the date
therein contained, or upon his failure so to do, shall be deemed Inserted
therein and the clerk of the court may be orederd in said mandamus pro­
ceeding to perform any or all of the duties required of the recorder should
said recorder refuse or fail to comply with the mandate of the court.
Section 155. Not more than ten days shall be required for any elec­
tion for voting either upon charter amendments, ordinances proposed by
the Initiative, or voting upon a referendum or any ordinance passed by the
council. In all matters of procedure provided for herein, or which may
not lie provided for by subsequent ordinance or charter amendments the
provisions of the general laws of the State of Oregon shall govern.
Section 156. In determining the number of legal voters whose signa­
tures are required to any initiative or referendum petition the number of the
legal voters of the city shall be the number who cast their ballots for
mayor at the last general election held in said city at which a mayor was
elected or voted for.
Section 157. Whenever any initiative or referendum petition is filed,
the recorder shall at once enter upon his record a statement to the effect
that the last general election at which a mayor was elected or voted for,
a certrin number of votes were cast, giving the exact number of votes so
cast for said office, so that the recorder may then show what number of
legal voters are required on an Initiative or referendum petition. At any
time when any legal voter desiring to file an initiative or referendum
petltio i shall demand of the recorder to know the number of legal voters
requir -d to sign said petition, said recorder shall give such voter a certi­
ficate dating the number of signatures required for initiative or referen­
dum petitions.
I remainder of such unexpired term. Ill case a member of the council is
absent from the city for three consecutive meetings, unless by permission
ot the council, his office shall by the council be declared vacant and the
same be filled as in the case of other vacancies.
Section 161. All claims or demands against the city shall be presented
to and audited by the council in accordance with such regulations as they
may by ordinance prescribe; and upon the allowance of any such claim or
demand, the recorder shall draw a warrant upon the treasurer for the
sum, which said warrant shall be countersigned by the mayor, and shall
specify for what purpose the same is drawn
Section 162. It shall be the duty of all persons owning lots or lands
which have sidewalks abutting the same to maintain and keep in repair
said sidewalks and not permit the same to become or remain ln danger­
ous or unsafe condition. Any owner of lots or lands who neglects to
promptly comply with the provisions of this section shall be answerable to
any person injured by such negligence.
Section 163. The City of Jacksonville shall not in any event be liable
in damages to any person for any injury caused by any defect or dangerous
place at, upon, or in any sidewalk, crosswalk, street, alley, bridge, culvert,
public grounds, public buildings, or ditch, unless the mayor, or street com­
missioner shall have had actual notice of such defect or dangerous place,
and a reasonable time thereafter in which to repair or remove such defect
or dangerous place before the happening of said accident or Injury, and if
any property holder, by his carelessness or neglect to perform any duty
required of him by the terms of this act, contributed to cause said injury
and damages, he shall reimburse the city for all damages which it has been
compelled to pay in such case.
Section 164. All taxes levied by the Town of Jacksonville shall be col­
lected and become the property of the City of Jacksonville; and, in all
matters whatsoever, every right or obligation of the Town of Jacksonville
shall attach to and become a right or an obligation of the City of .lai kaon-
ville upon the adoption of this charter.
Section 165. The ayes and nays shall be called and duly entered upon
the journal of the council on the final passage of every ordinance or resolu­
tion; and on the payment of all claims and demands against tho
city; and in any and all cases where the financial rights or interests
of the city or any of its taxpayers are involved, either directly or indirectly,
and in all other cases where the same is called for by two or more member:»
of the council, or by its presiding officer.
Section 166. No compensation whatever shall be paid the mayor or any
of the councilmen for services performed by them as such officers. The
recorder, treasurer, marshal, street commissioner and other subordinate
officers shall each receive compensation for their services in an amount
to be fixed by ordinance passed by the council.
That the said proposed amendment and enactment of a new charter
for the government of the City of Jacksonville be and the same Is hereby
submitted to the voters of said town for their approval or rejection at tho
election hereinafter called.
That the following is the title and form in which said charter amend­
ment and enactment shall appear upon the ballot and which ln the judg­
ment of the board of trustees of the Town of Jacksonville conveys the
full import of said amendment:
STUB.
STUB.
To be torn off by the Chairman
To be torn off by the First Clerk
OFFICIAL BALLOT
For Special Town Election of (lie Town of Jacksonville, Jackson County,
State of Oregon, June 21, 100(1.
Mark between the number and answer voted for.
Vote YES or NO.
Charter Amendment and Enactment Proposed and Submitted by Ordinance
Passed by the Board of Trustees of the Town of
Jacksonville, Oregon.
For a proposed amendment of an act entitled "An Act to Incorporate the
Town of Jacksonville,” enacted by the first legislative assembly of the
State of Oregon, approved October 19th, A. D. I860, and all acts or parts
of acts amendatory thereof, the same being the Charter of the Town of
Jacksonville, Oregon, by amending, enacting and providing a complete
charter in the place thereof for the government of the Town of Jacksonville
and therein providing for a change of the name of said municipality
from the name of “Town of Jacksonville” to the name of “City
of Jacksonville,” and therein providing and defining the geo­
graphical corporate limits and boundaries of said city; providing
for a city council and all municipal officers, their election, appointment,
term of office, powers, authorities and duties; providing the police powers
and regulations of the city and the manner of the exercise thereof; provid­
ing a municipal court, its officers, powers, authority, jurisdiction and
procedure and the powers and duties of its otficers; providing power and
authority for the punishment by fine, imprisonment and labor, one, both
or all, for the violation of any ordinance, resolution, crime or police regu­
lation; providing for the exercise of the right of eminent domain, the pur­
poses for which private property may be condemned by the city and the
procedure therein; providing for what acts and improvements special
benefit assessments may be levied, upon what property, the manner and
procedure therein and the collection and payment thereof; providing
for the borrowing of money on the faith of the city, the issuance of war­
rants and bonds and the limitation of indebtedness; powers and purposes
of taxation and the collection of the same; providing and defining the
qualifications of electors at all elections and the manner of conducting the
same; the manner and procedure of exercising the Initiative and referen­
dum powers reserved to the municipality by the constitution of Oregon; and
fully providing and defining all and every power and authority of the
council of the City of Jacksonville and the City of Jacksonville and fully
providing for the government of the City of Jacksonville and everything
needful and requisite to maintain, establish and promote the peace, good
order, health, cleanliness, ornament, prosperity, general welfare and
government of the city and to protect the property and person of Its in­
habitants.
VOTE YES OR NO.
12. YES.
13. NO.
That the 24th day of June, A. I). 1909, between the hours of 10 o’clock
a. m. and 4 o’clock p. in. of said day Is hereby designated and appointed as
the time for holding said election.
The city hall Is hereby designated and appointed as the polling place
of said election and the following are designated and appointed as the
chairman, judges and clerks of election:
S. I*. DeRoboam, chairman,
Frank Roundtree and George N. Lewis, Judges, and C. J. Kenney and Lewis
Ulrich, clerks.
• The town recorder Is hereby directed to give notice of said election, the
time and polling place thereof, tho proposed amendment and the sub­
mission thereof to the voters and all things herein by the publication of this
ordinance In the Jacksonville Post once a week for two successive weeks
and make due proof of such publication on or before the day and date fixed
herein for said election.
T. T. SHAW,
President of the Board of Trustees of the Town of Jacksonville.
Attest: HENRY G. DOX, Recorder.
wireless telegraph station which is to
be built for the Navy Department.
The tower will be situated in Rock
The good roads cause goes marching
Creek Park, Washington D.C., and It
on.
is hoped from this station that the
Finest crops on record, is the general Navy Department cm keep in touch
report.
with vessels of the navy at any point
Rain was general and timely through­ on the North Atlantic Ocean. Ex.
OREGON SIDELIGHT.
out the state.
Twenty years hence walnuts will be
a great Oregon crop.
Se tion 158. No order for the payment of money shall be passed at
Potatoes and hogs, poultry and fruit;
any oilier than at a regular meeting, and no such order shall have validity these, on a few acres, will make any
or effect unless passed by the votes of at least three councllmen.
family independent.—Journal.
CHAPTER XVIII.
M iscella neous.
Section 159. The council shall have the power to fix the maximum
rate for gas or other lights, and water rates, and said city shall never de­
prive itself of the right through its council of regulating and adjusting
any such rates so that the same shall be reasonable for the services render­
ed at least once In any period of two years.
Section 160. Should a vacancy occur in any of the offices provided
for in this act, the same shall be filled by appointment by the council; but
If such office be elective, such appointee shall hold office only until the next
regular election, at which time a person shall be elected to serve for the
A TALL TOWER
r. EVERMORE.
A little bird sat on a telegraph wire
And said to his mate, "I declare.
1 If wireless telegraphy comes into vogue
We’ll all have to sit on the air,”
Roseleaf.
The government is calling for bids
Always keep a bottle
on a concrete tower 600 feet high, and PER whiskey in sight.
tapering from a base of 50 feet ln di­ and good to taste; and
ameter to 8 feet at the top. This j benefit to your health.
tower ia to be used for the 3,000-mile I HELMS’
of I. W. HAR­
Good to look at
what’s more a
Sold by E. H.