Jacksonville post., June 19, 1909, Image 5

in the docket of city Hens and thereafter collected in the same manner as
shall be deemed to include streets, alleys, footways and all other thorough- 1 to pay said assessments, and iu ease no appeal or other proceedings in
assessments for improvements, or .nay be collected in such other manner
tares and highways.
court be taken as to any such assessment of benefits or damages, the said
ns the council may direct.
Section 80. Whenever the council shall deem it expedient or necessary excess so assessed shall be paid to the city treasurer of the City of Ja k-
3». To prohibit the deposit or accumulation of filth, garbage or refuse
to open, lay out, establish, widen, alter, straighten or change any street, it sonville within ten days front the time of entering the same on the docket
of any kind in any part of the city and to prohibit the throwing of any filth
shall, by resolution, direct the city surveyor io n» ikb a ...ivey of such of city liens, or the same shall be deemed delinquent and thereupon shall
garbage refuse or impurities of any kind Into any water or stream, natural’
street or change, and to make a plat of the same, and a written report con­ be collected in like manner as provided tor the collection of delinquent as­
«‘t'fic'al. within the limits of the city or the doing of any other act by taining a full and complete description of such street and change, and of
sessment by this charter, excepting that if ail the property upon whiclt
which the water supply of the city might be contaminated or the general
the boundaries thereof, and of the portions of each lot and tract of land to assessments are due and delinquent is not sold at any sale, proceedings
health of the inhabitants impaired.
be appropriated therefor. The city surveyor shall make such survey, may be taken for a subsequent sale immediately after the returns of a sale
40. Io determine and prescribe by ordinance the number and size of report and plat and file the same with the recorder wlthiu twenty days
are made. All moneys arising from such assessment of benefits shall bu
all places or entrance and exit to and from public halls, churches, theaters, from the date the same was ordered by the council, unless said council grant
kept in a separate fund and be applicable to the satisfaction of the excess
schools and other buildings used for public gatherings; also to prescribe him further time. Should the council deem said survey, plat and report
of damages over benefits assessed to owners and other persons interested
and regulate the size and manner of hanging doors thereto and the manner satisfactory,' it shall adopt the same by ordinance, embodying such report.
in the property taken or damages for the purpose of making such change
of lighting and heating said places, entrances and exits.
But it said report, survey and plat be not satisfactory to the council they In such street, and for the payment of expenses incurred by the city for
4 1.
Io compel all persons erecting or maintaining privies or cess­ may have another survey, plat and report made and filed or revise and
surveying, advertising and viewers in said proceedings.
pools within one hundred feet of any streets in which a sewer has or may amend the original survey, plat and report so as to make the same satis­
Section 91. Whenever the full amount of the assessment of benefits
hereafter be constructed to connect the same therewith.
factory to said council.
in the docket of city liens is paid to the city treasurer, warrants shall be
4 2. To regulate, prevent and prohibit public criers, advertising noises,
Section 81. Thereafter and within sixty days from the adoption of said drawn on the treasurer payable out of the fund to be provided for that pur­
steam whistles, the ringing of bells and playing of bands.
report, the council shall appoint three disinterested freeholders of pose, for the amount of excess of damages or of damages and costs
43. io regulate the rate of speed of all automobiles, trains, cars,
the City of Jacksonville who shall have the qualifications of a assessed, or in favor of the owner or owners, or other persons in Interest,
locomotives, vehicles and horses; and to punish all persons driving or juror of the Circuit Court of Jackson County, to view such proposed street
and when said warrants therefor are drawn and ready for delivery to the
managing any such automobile, train, car, locomotive, machine, vehicle or change and make an assessment of damages and benefits, as provided in parties entitled to the same, such property shall be deemed appropriated
or horse or riding any horse in said city at any greater speed than desig­ the next and following section of this charter, and shall assign a day and for Hie purpose of such street or change, and not otherwise; provided, that,
nated in said ordinance.
place for them to meet; and the recorder shall send by mail, postpaid, a no process of any court shall issue to compel any appropriation for dam­
44. Io require all automobiles, motor bicycles, bicycles, tricycles, notice of the appointment of said viewers, giving their names and the time ages or the issuing of warrants for the same. And unless such assess­
motorcycles, engines, cars, locomotives, etc., to provide and adopt proper and place of meeting, and specifying, with convenient certainty ments are collected, and the said warrants are drawn and ready for de­
safety appliances, lights and warning signals for the protection of the boundaries and termini of the proposed street or change to each of the livery wlthiu nine months after tile termination of the lime limited for ap­
human life and the lessening of danger thereto; and to enforce such regu­ property owners whose property is proposed to be appropriated, or to the peal, if no appeal be taken, or within nine months from the date of the
lations by fine and imprisonment or both.
agent of such owner, when the post office address of such owner or agent rendition of final judgment on appeal, if any appeal be taken, all acts
45. To prohibit or regulate the sale and use of bean shooters, sling is unknown to him, and if such postoffice address be unknown, then such and proceedings under such survey and view shall be null and void.
shots, air guns, pistols, firearms, missile weapons, fireworks bombs, notice shall be directed to such owner or agent at Jacksonville
Section 92. When said street is established, laid out or the change
rockets, firecrackers and detonating works of all descriptions and to pro­ and
the
recorder
shall
give
further
notice of
the
matters therein completed the city surveyor shall record a plat of the same in the
hibit the carrying of deadly weapons in a concealed manner and to define herein contained by posting a like notice in three public places in said town record of city surveys, which is a book that the council must provide for
what shall constitute such weapon and carrying.
for the period of two weeks or by publication for a like period in a news­ the recording of all plats and surveys that are required by the city surveyor.
46. To establish and define the fire limits, and to prohibit and regulate paper published in said town, and at the next regular meeting of the
CHAPTER XIV.
the erection, removal and repair of wooden buildings within the fire limits; council, after the completion of such notice, present to it the said report,
Section 93. The city council of the City of Jacksonville is hereby
to define and establish the class of material of which buildings within the plat and survey, and attach thereto a copy of said notice with proof of authorized and empowered whenever it may deem It necessary, expedient
tire limits must be constructed; to regulate the height, construction and publication or posting and mailing of the same endorsed thereon.
or convenient for public welfare, to establish, construct, improve and re­
inspection and repair of all private and public buildings within the city
Section 82. The recorder shall at least five day3 before the day set pair streets, sidewalks, crosswalks, ditches, drains, curbs, gutters and to
and provide by ordinance regulations in regard to moving the same.
tor such meeting, cause said viewers to be notified of their appointment, establish, construct, repair and improve a water and sewerage system for
4 7. To provide for the establishment, equipment and maintenance of and of the time and place of such meeting, and said viewers shall meet the city and its inhabitants and to lay all necessary pipes, mains and Other
a fire department and fire companies, and for their regulation.
at the time and place designated and shall then be sworn to discharge the fixtures and to provide everything necessary for such improvements and
4«. To provide for the prevention and extinguishment of fires and the duties asigned them. They shall then or any subsequent day to which they therefor to exercise the power of eminent domain and to levy special benefit
preservation of property exposed to danger on account thereof; to con­ may adjourn (which adjournment shall not exceed more than one week at assessments for all of such purposes.
struct cisterns and wells for water for the extinguishment of fires, and to a time), proceed to view the proposed street or change and to determine and
Section 94. The term "street” as used in tills chapter Shall be deemed
prescribe by ordinances such other powers, provisions, rules and regulations assess how much, if any, less valuable the lands of other property, or any to Include streets, alleys, footways and all other thoroughfares and high­
as shall be necessary or expedient for the occasion.
part thereof, through of over which the proposed street is to be opened, ways.
4 9. To require adequate fire escapes, apparatus and appliances for laid out, established, widened, altered, straightened, will be rendered
Section 95. The terms "improvement” and "improve,” as used in this
protection against fire, to be provided in buildings.
thereby; and shall also ascertain the respective interests of all persons chapter shall be deemed and construed to include all grading, re-grading,
50. To provide the manner and regulate the wiring of houses, build­ claiming to be the owners of lands, or other property aforesaid, or of the excavating, filling, re-filling, planking, re-planking, capping, re-capping,
ings and other structures for light, power, telegraph, telephone and any Improvements thereon, or to have any interest in such lands or paving, re-paving, macadamizing, re-macadamizing, graveling, re-graveling,
other purpose for which electricity is now or may be hereafter used.
improvements, and the damages which each of the said owners respectively oiling, re-oiling and all other kind, character of improvement of streets!
51. To regulate and prohibit the manufacture, storage, sale, trans­ will sustain, but the right and title of the owners of such improvement every character, kind and manner of constructing, improving, repairing
portation and use of gunpowder, blasting powder, dynamite, nitro-glycerine shall not be affected by such proceedings, and the appropriation of such sidewalks, crosswalks, ditches, drains, curbs, gutters; and all manner of
and all other combustible and explosive materials.
lands, if such owners shall within sixty days after the appropriation of constructing, establishing, repairing or improving a water or sewerage
5 2. To regulate and prohibit the use, manufacture, transportation such lands be completed, or within such further time as the council may system for the city and the laying of all necessary pipes, sewers and mains
and storage of oil, acids, gas, candles, lamps and other lights in stores, allow therefor, remove such Improvements from said lands, otherwise such and everything necessary for such improvements and all manner, character
shops, stables and other places; to prevent, remove or make secure any improvements shall become the property of the City of Jacksonville. Said and kind of bridge, culvert and tunnel work.
fireplace, flue, stove or stove pipe, chimney, oven, boiler, furnace or other viewers shall also make a just and equitable estimate and assessment
Section 96. The council, whenever it may deem it expedient, is hereby
apparatus which may be considered by said council as dangerous in of the value of the benefits and advantages of said proposed street authorized to order any of the improvements enumerated in the foregoing
causing fires and to make the cost of such removal or securing a lien upon or change to the respective owners, and other persons interested in all lands section upon or over any street or upon or over any right of way granted
the property whereon or in connection with which the same is located or other property which said viewers shall deem specially benefitted by or obtained for such purposes or upon any public grounds of the city; to
such change. Said viewers shall thereafter, at their earliest convenience, determine the character, kind and extent of such improvement or Improve­
and provide for the manner of collecting the same.
53. To regulate and prohibit the building of party walls, fences and report the assessment for the damages and benftts as in this section re­ ments; to levy and collect an assessment upon all lots and parcels of land
partitions.
quired to the council, but any failure to state the name of the owner, or a specially and peculiarly benefited by such improvements; to defray the
54. To make secure or remove dangerous, unsafe, insecure and unsight­ mistake In the name of any owner, or a statement of a name other than whole or any portion of the cost and expense thereof from the funds of the
ly buildings and to make the cost of such securing and removal a lien upon that of the true owner, in such report, or in such assessment, or in the city or by such special benefit assessment and to determine what lands are
ordinances adopting such report, or in the docket of city liens, shall not specially and peculiarly benefited by such improvement, and the amount
the premises and providing for the collection thereof.
55. To prevent, restrain, prohibit and regulate the running nt large render void nor in any way affect the lien of such assessment upon the to which each parcel or tract of land Is benefited thereby.
Section 97. Whenever the council shall ilei-m it expedient or necessary
of any and all domestic or other animals, poultry or fowl within the city property assessed.
Section 83. The viewers shall receive as compensation for .their ser­ to make any Improvement it shall require the city surveyor to submit plans
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 vices the sum of $2.50 each for each day actually engaged in said service, and specifications for an appropriate Improvement of the character and kind
run at large in violation of any ordinance or regulation for such purpose; to be paid by the city and charged as costs and assessed as part of the desired by council, and estimates of the work to be done and the probable
cost thereof, and the city surveyor shall file such plans and specifications
and to provide for the impounding and selling of any or all of such animals, benefits by said viewers.
Section 84. When the viewers shall file their report the recorder shall and estimates in the office of the recorder. The improvement of or on
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 forthwith send by mail, post paid, a notice of each assessment of damages each street or part thereof shall be made under a separate proceeding. If
and benefits, stating the time when the same will be considered by the the council shall find such plans, specifications and estimates to be satis­
sale.
56. To regulate and prohibit the driving or herding of any or all council, and directing all persons interested to present in writing the factory, it shall approve the same, and shall determine the boundaries of
domestic or other animals over, upon or through any of the streets, alleys, objections, if any they have, to the said assessment of damages and bene­ the district benefited and to be assessed for such Improvement and tho
fits and which objections will be then and there heard and determined by action of the council in the creation of such assessment district shall be
avenues, boulevards or other highways of the city.
57. To regulate and prohibit the erection and maintenance of hitching said council, to the owners (if known) of each lot or part thereof, or tract final and conclusive. The council shall, by resolution, declare its purpose
racks, hitching posts and all other hitching fixtures on the streets, curbs, of land assessed, and any part of which is appropriated for the proposed of making said improvement, describing the same and including the city
street or change, or to the agent of such owner, when the post office address surveyor's estimate of the probable total cost thereof and also defining the
sidewalks and other highways of the city.
58. To provide and regulate the manner and prohibit the hitching or of such owner or his agent is known to him, and if such post office address boundaries of the assessment district to be benefited and nsseased there­
fastening of any domestic or other animals upon the streets, alleys or be unknown to him, then such notice shall be directed to such owner or for. The action of the council in declaring its intention to make an im­
other highways of the city and to prohibit the leaving of domestic or other agent at Jacksonville, Oregon. If such report shall appear to the council provement, directing publication of notice thereof, approving and adopting
animals, with or without carrigae or other vehicle attached, in the streets, to be In all respects reasonable and just, it may be adopted by ordinance the plans, specifications and estimates of the city surveyor, and determining
alleys or other highways of the city, without being securely fastened ac­ embodying such report, or if it shall appear to the council that Hie dam­ the district benefited and to be assessed thereby, may be done in one and tho
cording to the regulation provided by ordinance and to provide the ages or benefits assessed are unreasonable, unjust, or insufficent, in any same act.
Section 98. The resolution of the council declaring its purpose to
time that such animals may be so hitched or fastened; and to prohibit the respect, the council may send back to the viewers for further consideration,
staking or fastening of domestic or other animals upon the streets, alleys and the viewers may alter and revise the same as they shall deem proper make an Improvement shall be kept of record in the office of tin1 recorder,
and again report the same to the council, who may thereupon reject or and the recorder shall give notice by publication at least once In a news­
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 adopt the same; or said council may appoint new viewers with like powers, paper published in said city of the passage of said resolution, and stating
duties and obligations as the first viewers, to make such assessment and the boundaries of the improvement, the character of the Improvement, and
the same and provide punishment therefor.
60. To regulate and restrain the keeping and running at large of dogs; awards, and to report the same to the council, which shall have the same the district to be assessed and the estimated cost thereor. Tho city sur­
veyor within five days from the first publication of said resolution shall
to punish those persons who allow their dogs to be unlicensed, or to run at power over such report as over that of the original.
cause to be conspicuously posted at each end of the line of the contemplateu
• Appeal.
large against the regulations established, and to provide for the Impound­
Section 85. Any person feeling aggrieved by the assessment of such improvement a notice headed "Notice of Improvement Work in letters not
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 damages as herein provided, within thirty days from the adoption of the less than one Inch In height or length, and which said notice shall contain
report of the viewers by the council, appeal from such report to the in legible characters a copy of the resolution of the council and the date of
by the council.
61. To prohibit the keeping or feeding of any hogs or hog pens within Circuit Court of the State of Oregon for Jackson County. Any number its adoption, and the city surveyor sliall file with the recorder an affidavit
of persons may join in such appeal, and the only question to be determined of the posting of Baid notices, stating the date, when and the places where
the city limits or any part thereof.
62. To regulate, remove and prohibit the erection and maintenance on such appeal, shall be the amount of damages such appellants are en­ the same have been posted and which notices must remain posted 10 (lays.
The proof of publication shall be made tho same as proof of publication of
of stock-yards, tanneries, slaughter houses, hog pens, wash houses, laun­ titled to on account of the change in such street.
Section 86. Such appeal shall be deemed and be heard and determined, summons in the Circuit Court.
dries and all other offensive trades, businesses or occupations carried
Section 99. If within fifteen days from the date of the posting and
on; and to provide for their exclusion from the city or any part thereof, and and the judgment thereon enforced, so far as practicable, in the same man­
publication
of said notice a remonstrance against said Improvement, signed
ner
as
an
action
at
law;
and,
in
case
two
or
more
join
in
said
appeal,
the
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 jury shall hear the evidence concerning the damages sustained, and in their by a majority of the owners of the property within the limits of said
verdict find the amount of damages, if any, sustained by each appel­ assessment district be filed with the recorder tho council shall reconsider
those residing within the corporate limits.
63. To prevent, remove and abate nuisances, and to declare what shall lant. The verdict of the jury shall be a final and conclusive determination and determine the necessities of such improvement and such improvement
shall not be proceeded with or further prosecuted except upon a unanimous
constitute the same, and to punish, by fine or imprisonment, or both, per­ ot the matter of such assessment.
Section 87. The appeal shall be taken by serving a notice of appeal vote of the council. The majority of property owners is to be determined
sons committing or suffering nuisances, and to provide the manner ot their
by the number of front feet owned by them within the astossnient district.
removal, and to make the costs of such removal a lien upon the property within thirty days from the adoption of the report of the viewers by the
Section 100. Any particular improvement so defeated shall not again
where such nuisance existed. Such liens may, upon the order of the council, council, upon the mayor or recorder of the city, and filing an undertaking
be entered in the docket of city liens, and thereafter collected in the same with one or more sureties, who shall possess the qualifications of bail upon be proposed for six months. Immediately succeeding the filing of sold
remonstrances, but notice may at once be given of a different kind and
manner as assessments for street improvements, or may be collected in arrest in a civil action, and shall justify In like manner, conditioned that the
such other manner as the council may direct. Every act or thing done, appellant will pay all costs and disbursements that may be awarded against character of improvement from the first proposed.
Section 101. If no such remonstrance» be made or filed with the re­
or anything existing within the city limits, which is or may be declared him on appeal, not exceeding $300, together with the proof of service of
corder within the time designated, or if any such remonstrance is defeated
by the law of this state, or any ordinance of said city to be a nuisance, such notice, in the office of the clerk of the Circuit Court. Said notice
by a unanimous vote of the council, as provided In Bet ti >n 99, the council
shall be. and the same Is, hereby declared to be a nuisance, and shall be may be served by the appellant or by the city marshal.
Section 88. If the appellant, or any of them, fall to recover greater shall be deemed to have acquired Jurisdiction to order the improvement
considered and treated as such in all actions, suits and proceedings what­
made, and the council may thereafter and within three months from tho
soever, unless such law or ordinance be declared void by a court of com­ damages or to secure a more favorable assessment of benefits, as the case
date of the final publication of the previous r< solution by Ordinance provide
petent Jurisdiction. To punish by fine or imprisonment, or both, any per­ may be, than were assessed by the viewers, Judgment shall be rendered
for making said Improvement, which shall conform In all particulars to the
son or persons who shall cause or continue any nuisance within the city against him and his sureties on appeal for his proportion of the costs of such
plans and specifications previously adopted or as changed after a d-feat by
limits, or suffer any nuisance to exist upon any property occupied or con­ appeal to be paid pro rata according to the respective amount of damages
and
benefits
assessed.
remonstrance.
.,
trolled by such person or persons within the city, or in any street, alley
Section 102. Upon the approval of said ordinance by the mayor, or
Section 89. The same costs and fees shall bq taxed and paid upon such
or public highway contiguous to such property when the owner or occupant
the same shall become valid without his approval, the record... shall give
of such property Is the author or continuer of such nuisance. The powers appeal as are allowed by law in other actions.
Section 90. The council at the expiration of the time limited for appeal notice by publication for not less than three insertions in spec ■ ive puhIK-a-
herein conferred upon council for the abatement or removal of nuisances
if
no
appeal be taken, or immediately after judgment is rendered on appeal, lion» In a newspaper of genera! circulation In ’a l.sonvIII* . Im .tin
shall not be held to bar or hinder suits, prosecutions, nor proceedings ap­
if an appeal be taken, and if it shall deem it advisable to make such change posals for making »aid improvement. Proposal« for making said improve-
pealing to the general laws of this state.
in pursuance of said judgment, shall, by resolution, direct the recorder to ment must be sealed and shall be opened by the council in regular res .ion.
CHAPTER XIII.
I enter in the docket of city liens the respective sums of benefits over dam- The council shall have the power to award the contract or -out ra ets for
Establishing and Changing of Street»: Power of Connell Over Streets.
Section 78. The city council of the City of Jacksonville is hereby [ ages so assessed, upon each particular lot or parcel of land, and the names Raid improvement and to Impoae such condition» upon bid« - ih aii i m
gard to bonds and sureties and guarantee., of the good faith ar.d respons-
granted power and authority within the limits of the City of Jacksonville, of the owners or other parties interested In the lands or other property
whenever it may deem it necessary or expedient, to open, lay out, establish, benefitted and assessed in like manner a» assessments for street improve­ blllty of bidders, for insuring the faithful < mpletlon of the woi • n s t
accordance with the specifications therefor, end to make all rulesi and regu­
widen, alter, straighten, vacate or close streets and to appropriate and ments are entered in said lien docket, and when so docketed said sums shall
lations in the letting of contracts that may be considered by sa
mar- a.
condemn property therefor and to levy special benefit assessments for such be a lien or charge upon the estate and Interest of the respective owners
advantageous to the city. Such contract or contracts shall be let to the
and
parties
interested
in
such
lands
or.
other
property
and
also
the
said
purposes.
lowest responsible bidder for either the whole of said improvement or
Section 79. The term "street" whenever used in this article or chapter owners and parties r ; aforesaid, shT,'il be respectively and severally liable