Jacksonville post., May 27, 1911, Image 3

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lift IT hr
,
A RESOLlTION
,lle 1 *,Jr Council of the City ot Jacksonville, Jack-
«-»a CbUnty, State of Oregon; and
BE IT RESOLVED by the President and the Board of Trustees of the
Town of Jacksonville. Jackson County, Oregon«
That the following proposed amendlnents to the charter of said munici­
pality be, and the same are hereby, proposed for submission to the legal
voters at a special elevtlbn to be held as in this resolution provided.
CHARTER AMENDMENTS SUBMITTED TO THE VOTERS BY THE CITY
COUNCIL:
AN ACT
To amend an act entitled ”An Act to Incorporate the Town of Jacksonville,
Jregon. approved October 19, 1860, and as amended by An Act entitled an act
to Amend an Act entitled “An Act to Incorporate the Town of Jacksonville,
Oregon, approved February 14. 1887; and as amended by An Act entitled ' Ail
Act to amend Section 1 of an Act approved October 19, 1860, to Incorporate the
Town of Jacksonville, and an act to amend Section 4 of Article VI of an Act
to amend an Act entitled An Act to Incorporate the Town of Jacksonville,
February 14, 1887, and an Act to amend Section 2 of Article IV of
At! to Incorporate the Town of Jacksonville, approved October 19, I860,"
approved February 19, 1889; and as also amended by ail act entitled "An Act
Tx> Amend Section 2 of Article IV of ftti Act to Incorporate the Town of
Jacksonville, approved October 15, i860," filed In the office of the Secretary
or State February 18. 1891; and as also amended by an act entitled ’’An Act
to amend Section 2 of Article IV of An Act to Incorporate the Town of
l Approved October 19, 1860,” filed in the office of the Secretary
bi brAtM February 22, 1893; and also amended by certain tropoSeli charter
««leedtlients submitted to the voters of Jacksonville at an election held therein
♦be 24th day of June, 1910, and appv«V6u Dy said voters at said election,
omitted as follows:
«'• ai ,,,.,,
ORDINANCE 12«.
1 f for
or more
more than
than six
six months
months preceding
preceding his
his election
election or
or appointment,
appointment, and
and no
no
person shall be eligible to the office of mayor or councilman who, including
I the above qualification. Is not a taxpayer upon real property in said city.
Section 12. Should a vacancy occur In any of the elective offices, pro­
vided for herein, by death, resignation, order of the city council, or other­
wise. such vacancy shall be tilled by the city council by an election by said
council of rome fit and qua'ified person for such office, and such officer
so elected ly said city council shall thereupon from the date of his elec­
tion hold said office for the balance of the unexpired term of his pre­
decessor. Such election shall be held at the next regular meeting of the
city council following the occurrence of such vacancy.
Section 13. All ordinances of the town of Jacksonville in force at the
time of the adoption and approval of this charter and which are not in-
consistent therewith, shall remain in force and effect as the ordinances of
the City of Jacksonville until such time as they be amended or repealed
by the city council or by the electors of said city tinder the initiative powers
herein enumerated.
•
Section 14. All indebtedness of the Town or City of Jacksonville legally
incurred and now in force shall be and remain in force against the City of
Jacksonville until legally satisfied.
Section 15. The city council shall have the power, not Inconsistent,
however, with the express’ provisions of this charter, to prescribe the duty
of each of the officers of said rite. iff addition to those specifically enumerated
herein, and to compel the faithful discharge’ rtf shfth flu'i»» under penalty of
dismissal.
CHAPTER III.
CHAPTER IV.
The Major—His Powers and Duties.
Section 33. The mayor shall be the executive officer of the city and
i shall supervise Its affairs, and all of Its officers and employes, with the ex­
ception, however, of the city council. He shall be a member of the r.'.d
j city council, but shall not vote upon any question except in case of a t.e.
and then he shall cast the deciding vote; but in case cf an election ly t..e
council to fill any vacancy in any elective office he shall have the <a.no
right to vote as any other councilman. He shall have power to ca 1
special meetings of the city council whenever he deems it necessary so to
do upon giving the proper notice prescribed herein, At the last regular
meeting of the council before the annual election in each yeur he shail
make a written statement describing generally the condition of the ufla is
of the city, and recommending such measure for its government as ho
shall deem expedient and necessary. He shall at the first tegular nieeti: g
of the council after each annual election appoint three members of t iu
council on each of the following committees, to-wit, finance, street.,
sewers and drains-, water and light, health, police regulations, and liquor
licenses. Said committees shall be standing committees of the year and,
shall have general supervision over the different subjects pertaining tj>
their departments and such further powers audduties as the council may
prescribe by ordinance or resolution.
Section 34. He shall sign each ordinance approved by him with!;»
five days of its passage by the council.
if he does not approve of. th.»
ordinance passed by the council he must within ten days from such passagtw
return to the city recorder his objections thereto in writing, stating oven
hte signature that said ordinance is disapproved by hint and his reason«.
therefor, ¡¡¡nd Mia same shall by said recorder immediately be filed andi
made a public record,' and if the mayor fails to return the said ordinane.»
within said time the same shell be considered passed without his signatura«,
Should the mayor disapprove and veto an ordinance passed by said city
council the said recorder shall report S»14 disapproval and veto with, bit»
written reasons therefor to the said city council tor its action at its next
regular session.- Whereupon if three of the members of said council »halt
vote for the adofitlfrt» *»f said ordinance it shall become and be a valid ordin­
ance of the City Of JafiTcsenville, subject, however, to the referendum aet
hereinafter provided.
r
Section 35. He shall, by fitlM of his office, be the chairman an th«»
committee on police regulations and of liquor licenses, and as such chair­
man it shall be his duty to make a personal And careful investigation and
inspection of all matters coming before said committees.
Section 36. In event of the temporary absence or inability of the Mayor
to attend any meeting of the council the members present .»hall elect one of
their number Mayor pro tempore who during such absence or inability of the
mayor shall have and exercise all powers pertaining to the office cd1 mayor.
CHAPTER V.
The City Council—Its Powers and Duties.
Section 37. A majority of the city council shall constitute a quorum'
for the transaction of business, but a smaller number may adjourn from
time to time and compel the attendance of absent members in such man­
ner. and under such penalties as tho council may prescribe. They shall
Judge of the qualifications, elections and returns of their own members
and th* ether officers elected under this charter and shall determine con­
tested electioDI’
The council shall have the power and authority to adopt
and establish rules fifth by-laws governing their proceedings, and the con-
duct of any and all elective and appointive officers, and may punish an y
member or other person for disorderly conduct in their presence or at any
of Mie meetings of the council, and with the concurrence of the mayor and
three 6! *!<“ other members of the council may, upon a proper hearing
and for good (fllllSfl shown, expel any member of the city council, or any
other officer of the city, except the mayor; and four-fifths of said council
may at any regular meeting (Upon a proper hearing and for a good causa
shown/ declare the office of mayor vacant and proceed to the election of
his succe^SO*) Provided, however, that before any officer of the city shall
be expelled or his Offi*« be declared vacant, there must first be filed with
the recorder of said city fl Statement under oath, verified by th* person
signing the same, and preferring cliarsas against such officer, which said
statefiie*’» must contain the exact nature ot said charges and the cause
of such removal,■ »nd at least two days before the matter shall be deter­
mined or heard a certlftea copy of said charges shall be served upon said
officer by delivering to him in person or leaving said certified copy at his
residence, or last known address. With a copy of said chares there shall
also be served a notice of the time and place when the same shall be heard
and such officer shall have the right to be present at such hearing, .and if
he requires it, may at his own expense, be heard by counsel In .his behalf.
Section 38, None of said councilmen shall receive any compensation
for thelf •¡«»♦lees as such officers, nor for any service of any kind done,
rendered 6r iteff<*rbw>4 on behalf of the city, and neither the mayor nor
any member of the cotfn*il shall, during his respective term of office ba
interested, either directly or iftdir«*tly in any contract the expense of which
Is
be paid by said city; provided, however, that when any memeber of the
council or th« mayor Is called upon to perform and does perform any special
duty where he is fttjalred to Incur expenses, such actual expense. If previ­
ously authorized by the council, shall be paid by the city.
Section 39. The council may provide the time and place of its regular
meetings, but its regular meetings must be held at least once in each
mOUtii. ar.d the date of holding the same shall not be changed oftener than
twice In atty year. and all of the meetings and proceedings of said council
shall be public.
Section 40. 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-
tilini fihd qn the payiuent of all claims and den ands against tho
city; and in ill* *t>4 »11 cases where the financial rights or Interests
of the city or any of its taxpa/«’’» are involved, either directly or Indirectly,
and In all other cases where the s.?mc 1» called for by two or more members
of the council, or by its presiding officer.
Retttnn 4», In case the city recorder, city marshal, treasurer or the
street cominksiGiiSf’
h* absent or unable to perform any of the duties
devolving upon him during ill® 4»rtw of office, the mayor may in his discre­
tion appoint some other person to fll't IW such officer during the time that
such disability, continues, and such appointee »ball receive the same com-
jteWtthn ns is received by the regular officer for performing the sanili -
services and such
»« paid shall be deducted from the salary of such
regular officer; provided, h6W*v*r, that t.he mayor shall not have such
power in the event that the officer t6 abnnnt or disqualified from acting
shall have previously designated or appointed a competent deputy to per­
form the duties of said office during his disability, but this section phall
not h* ennslrued no as to deprive the city council as herein prescribed from
till)
tirtri right (6 rttiioye any officer.
faction
+hi fetty erf ./«¿ksfffivlll» can not enter Into any contract
except by ordinance
adopted In 4b« manner herein provided, and
all ordinances shall contain (11*
Marts«! ’’The People of the City
of Jacksonville do ordain as follow«.'" •’»* Ardlnanc* can be adopted only
upon a majority vote of the council and th* Approval of the mayor. °r ir
the mayor does not approve, then upon a thrcfl-Ivurtb’s vote of all of the
Elections.
“he People of th» TVAvn ot Jacksonville do Ordain as Follows:
Section 16. A general election shall be held in said city on the first
1 ; a
an<* hereby is proposed the following Amendment to an
■
, An
to Incorporate the Town of Jacksonville,” enacted by Tuesday in March of each year, at which all the officers provided for in
i •
legislative assembly of the State of Oregon, approved and signed
by the Governor of the State of Oregon, October 19, A. D. 1860, and all I this charter shall be elected.
Section 17. Not less than 15 days prior to the first Tuesday in March
hets or parts of acts amendatory thereof, the same being the Charter of the
Town of Jacksonville and which Charter and Act when so amended shall be of each year, the city council shall, by resolution order said general election,
made to read as follows:
therein specifying the officers to be elected and the ballot titles of the
AN ACT
measure or measures, if any, to be submitted to the voters, and shall by said
ro amend an act entitled “An Act to Incorporate the Town of Jacksonville,”
enacted by the 1st legislative assembly of the State of Oregon, approved and resolution appoint three judges and two clerks of election and shall appoint
signed by the Governor ot the State of Oregon, October 19, A. D. 1860, and and provide a time and polling place therefor.
all parts or part of acts amendatory thereof, the same being the charter of
Section 18. Notice of said election shall be given by publishing the afore­
the Town of Jacksonville, and tq, enact and provide a complete charter said resolution in a newspaper published in said city not less than 10 days
in tho place thereof for the government of the City of Jacksonville and
therein providing for a change of the name of said municipality from the prior to said election and by posting a copy thereof in three public places
name of “Town of Jacksonville” to the nanie of “City of Jacksonville," within the corporate limits of said city for a like period.
and therein providing and defining the geographical corporate limits and
Section 19. The city council is hereby granted power and authority
boundaries of said city; providing for a city council and all municipal to order special elections for the submission of measures to the people
officers, their election, appointment, term of office, powers and duties
providing the police powers and regulations of the city and the manner under the provisions of this Charter, in like manner at any time, and like
of the exercise thereof; providing a municipal court, Its officers, powers, notice thereof as provide«! for general elections shall be glveq.
authority, jurisdiction and procedure and the powers and duties nf Its
Section 20. If any judge or clerk of election shall fail to attend, at
officers; providing power and authority for the punishment by fine, im­ the proper hour an election for which he shall have been appointed, the
prisonment and labor, one, both or all, for the violation of any ordinance, judges and clerks of election may appoint one in his stead. All judges
resolution, crime or police regulation; providing for the exercise of the
right of eminent domain, the purpose^ for which private property may and clerks bf election iiiust bê eièêtfirs Of tile City,
be condemned by the city and the procedure therein; providing for Whfit
Section 21. All elections in the City flf Jacksonville shall be held in
uct and improvements special benefit assessments Play, hp l«vitll, upon accordance with the general election laws 6f the Stitt* Sf Otegen, so far
what property, the manner and procedure thereir' AnU the collection and
and shall be held at thè fiiaëë stnrf time
rxLyment thereof; providing for borrowing lïiôney on the faith of the city, as the same may be applicable,
the issuance of warrants and ••blids and the limitation of indebtedness; named in the notices of election.
powers and purposes of «dkation and the collection of the same; providing
Section 22.- No person shall be allowed to vote at any municipal elec-
and defining the qualifications of electors at all elections and the manner tion in said city who does not possess all the qualifications of a legal
of conducting thfe same; the manner and procedure of exercising the voter as prescribed by the constitution and laws of the State of Oregon
Inltiativ» *hù Referendum powers reserved to the municipality by the
i'ohstltutlbn of Oregon; and fully providing and defining all qnd everV and in addition thereto has not resided in the City of Jacksonville for a
IX)w«f and authority of the council of the City of Jneksiihvine and thé period ot thirty Jays next preceding thé date ôf sditi aieeMon, or who shall
City of Jacksonville and fully providing frtr thb government ot the City of have refused or neglected, after proper demand, to pay any fiitf title
Jacksonville and everything needfwi hnd requisite to maintain, establish
against him, and the council may prescribe such oath to
and promote the peace, good brder, health, cleanliness, ornament, pros­ legally imposed
perity, general welfare wn'l government of the city and to protect the property be administered by the judges of eleetiens as it may deem proper to ascer-
and persons of its inhabitants.
tain stibh fhCtSi
Th« People ot the Town of Jacksonville do Ordain as follow’s;
It shall bp the
duty ______
of the __________
city recorder tò
call a _ iiifléü
Weet-
Section 28. _______
_______
________
_
CHAPTER I.
ing bf the electors of said citÿ to be hèld in thè city hall at a‘ date named
Incorporation and BoeiidaflMi
in a public written notice given by said citÿ recorder, Which said written
Section 1. The inhabitants of th* Pôtifitÿ of Jackson living within the notice shall specify that at said meeting the elettiva otflèérs fò be voted
boundaries hereinafter «teeeribêd hré hereby constituted and declared to for at the next ensuing election may be named at such tilrfss meeting.
be a municipal empmatlon by the name and style of the “City of Jack­ Such mass meeting must be held not less than fourteen, nor more tliltn
sonville,* anti by such name they and their successors shall have per­ thirty days next preceding any municipal election; provided, however, that no
petual euccession; sue and be sued, plead an<J_ be impleaded, in all suits person shall be allowed to vote at such mass meeting for the nomination of
•or actions of every kind and nature, may contract and be contracted with,
candidates to be voted for at any municipal election who shall not be a
acquire, receive, hold and possess property, both real
and qualified elector of said city, and an assemblage of electors constituting
bbrsonal, within or without said corporate limits, when necessary or I more than twenty of the elector« of said city may nominate candidates for
convenient for municipal purposes, or any purpose hereinafter enumerated 1 the respective offices to be voted for >»t any election.
in this, charter, or may sell, lease or dispose of the same, or contract 1
Section 24. All petsehh th be Vbted fbr at Sri aleCtiOti Of said City shall,
within relation thereto for the benefit of the city, or in pursuance of powers , nbt lëss than seven days before suoli election, file with Ih? refiftHléé Hf said
granted in this charter; may exercise all the powers usual and heeèsshrÿ '
city, a certificdte of nomfnatlbn made by some political Or mass ¿onvention,
for a municipal corporation, including poliee pbwet- énd thé power irf or a nomination signed by not less thSti tWentÿ léghi voters of said city,
-eminent domain, and all power* hereinafter enumerated or necessarily implied, together with the candidate’s written acceptance St sKlJ nomination, and
and may adopt and use a corporate steal, and may alter the same at pleasure.
thereupon the recorder shall enter the name of all such candidates ùpon the
Section 2. The geographical boundaries and corporate limits of said Î
ticket to be voted for at the next following election, and not otherwise; and
city shall be as follows:
Commencing at the southwest corner of the I
the recorder shall cause a sufficient number of proper tickets to be printed
southeast quarter of section 31, township 37 south range 2 west of the [
and distributed prior-to the opening of the polls on the day of election.
Wlllan.ette Meridian, running thence east 160 chains; thence north to the 1
The expense of printing such tickets shall be borne by the city.
south boundary line of J. N. T. Miller’s land claim; thence west 160 chains;
Section 25. At all elections of the City of Jacksonville, the polls shall
thence south to the place of beginning.
be opened at 12 o’clook M and shall be kept open until 7 o'clock P. M.
Section 3. Said city shall be divided into one or more wards, the I
Section 26. The judges and clerks of election shall each be paid I 2.60
boundaries of which shall be fixed by the city council, and the same may be |
for their services.
,
I
changed and new wards created by ordinance.
Section 27. Immediately ftftet the hlbse Of thè btìiis, the ballots shall
CHAPTER II.
be counted, and full returns hiade out and certified to by the Jltdaes of
Section 4. All power given and vested in the City of Jacksonville,
election. Immediately after the ballots are counted the judges and clerks
and the government of said city, shall be exercised and vested in a
of election shall post a certificate in trrtnt Hf th* vfitln* l>i*t*« |H Which
Mayor and City Council, and their successors in office, hereinafter de-
they shall certify the number of Votes cast for each candidate for each 8f
scribed, unless otherwise specifically provided.
the respective office», ‘fhe ballots shall then be placed in packages and the
Section 5. The Mayor shall be elected and hold office for a term of
package» »tCUrely sealed, and the contents of the package endorsed there­
two years, or until his successor shall have been elected and qualified.
on, and within six hours of the closing of the polls said returns and pack­
Section 6. The city council shail consist of the mayor and four council­
ages containing the ballots shall be deposited by one or more of said judges
men, who shall be elected and shall hold office for the term of two years
of election with the city recorder.
or until their successors are elected and qualified; provided, that at the
Section 28. On or b9fcre the first Saturday next following an election,
first general election held after the adoption of this charter there shall be
the city council shall meet and canvass the returns of said election, and
elected two councilmen, each to hold office for the term oF one year or
the city Recorder shall, upon the order of the council, issue and deliver
until their successors are elected and qualified, and two councilmen, each
without delay or charge to the persons elected, a certificate of election
to hold office for the term of two years or until their successors are eleetd
under his hand and the seal of the city
and qualified. Until such time as the city shall» by proper ordinance be
Section 29. The new vbuncil, when duly organized, shall be the sole
divided into more than one ward, said councilmen shall be elected by tbe
judges of the qualifications and elections of its members.
Contests for
legal voters of the city, but should said city by proper ordinance be divided
other city Offices shall be heard and determined by the council when or­
into two or more wards, then not more than two of said councilmen shall
ganise1.! for business, and all such contests shall be governed by the law
be elected from any one ward.
ot the state regulating contested elections for county officers, so far as
Section 7. The other elective officers of said city shall be a city recorder
the same are applicable; but in the event of two or more candldat»» for the
and city treasurer who shall each hold office for the term of one year, or
same office having an equal and the highest huffibfer of votes therefoh, the
until their successors are elected and qualified. •
council shall decide by lot Whifh bf said candidates shall hold said office,
Section 8. Upon the adoption of this charter by a vote of the legal voters
Section 30, Ail persons elected or appointed to any city office Bhall,
and its approval by the Mayor, the present incumbents of the offices of the
before entering upon the duties thereof, take and subscribe an oath ar
town of Jacksonville shall be the officers of the City of Jacksonville, to-wlt: I
affirmation to support the constitution and laws of the United States, and
The president of the present board of trustees of said town shall be mayor,
of thte State of Oregon, the charter and ordinances of the City of Jack­
the town recorder shall be the city recorder, the town marshal shall be
sonville. and faithfully perform all duties of the office to which he has been
the city marshal and the streej commissioner shall be the street commissioner
elected or appointed; and if a bond shall be required of such officer, he members of the council
of the City of Jacksonville and the four members of the board of trustees
shall give the same, It to be subject to the approval of the mayor and
Section 43. The City Council may pre cribe by ordlrancfl the manner In
shall with the Mayor, constitute the city council, and said officers and each
vfor the furnishing of supplies or material of any kind to
council, and such oath and such bond, when the latter is approved, shall which contracts
o’ tu»m shall hold their respective offices until( under and by virture of the
for
for the
both be filed with and safely kept by the city recorder, but the recorder’s or i„. the city or __
— doing
----- _ or . performing of any work or labor of
provisions of this charter, their successors have been elected and qualified
any kind or the construction of any improvement for or on I ehalf of the c>ty.
bond and oath of offioe shall be deposited with the treasurer.
or appointed as in this chapter provided.
Section 31. The council shall meet on the second Tuesday in March, •shall be let; provided, however, that all contracts shall be by ordinance;
Section 9. The city council in their discretion or as hereinafter directed,
following the date of each general municipal election, take the oath of provided, further, however, the city council are hereby given the power an<l
may appoint one city engineer, one city attorney, one electrical engineer,
office, and shall hold regular meetings at least once in each month, at such authority to construct any improvement that they have the power to contra«
auch other subordinate officers, and such assistants to the city marshal and
times us they shall fixe by ordinance. Special meetings may be called at any for under the provisions of thf» charter by the employment of day
other city employes, as may from time to time be deemed necessary, and
time by the mayor, by written notice delivered to each member then pres­ laborers and such contracts of hire shall not be required to be by <ir^'nBaJ e’
may remove any such appointive officer at the pleasure of the council.
ent witbin the city at least three hours before the time specified for the
Section 44. Whenever a resolution Is adopted, or an ordinance I* passod
In cases where an emergency exists, the mayor may appoint such assistants
proposed meeting, which notice shall specify the object and purpose of such I as provided in Section 40 of this Chapter, the City Recorder within five
to the city marshal and such other employes as may be required for such
meeting, and no other business shall be transacted at any special meeting i 'lays thereafter shall record the same together with the vote thereon In
emergency, but in case such appointments be made by the said mayor It
than that named in -said notice. Personal appearance by any member of I a book to be kept for that purpose and which book shall be entlt < <
shall not continue for a period of more than forty-eight hours, unless the
CITY —
OF --------------------
JACKSONVILLE” and rhall contain nothing
_
...
the council at any special meeting shall be deemed as to him equivalent ! "ORDINANCES of the v...
same be ratified by the city council.
other than ordinances and resolutions and the vote thereon toge ler
to due notice.
Section 10. It shall be the duty of the city council upon their election
l
Section 32. The terms of all officers elected shall begin on the second the approval of the mayor.
•nd qualification, and not later than the second Tuesday in March, following
CHARTED VI.
Tuesday in March. or as soon thereafter as they shall duly qualify, but if
the general municipal election, to elect by ballot one city marshal and one
Tlic Recorder—His Rowers and Duties.
they fall to qualify within ten days from and after said day. then said office
street commissioner who shall hold office for the term of one year unless | may by the •'---- “ " - •
Section 45. Tho city recorder shall be the clerk of the < Ity «*»unc ,
-- and . th»
.. council
•
.............
council be declared ---------
vacant,
at the same meeting . I
sooner removed by vote of the city council, in which ev mt the city council st which the office is declared vacant, e'lall proceed to fill saiy vacancy by elec- > I shall keep the journal of their proceedings and .ill i 1 l,ri
°
shall immediately elect a successor to said officer to holt for th* wnexplred
tion; and all vacar«
•rti:; Ing 4roni any cause In any elective office shall be1 he must keep tho accounts ot the city showing all mo leys r< c< ve
term of said office or until removed by vote of the council.
«
filled ly * ' ' ir ' ' j
e election of «ome qualified elector of the city,' Jisbursed Ly the city, and must countersign all wa ants on
Section 11. No person shall be eligible to any office In said city who
account thereof and of the financial condition of the
to anid va._ncy, who shall hold said office to the next election, and until treasury, keep a tru»i
the council may, by ordinance, prescribe.
Is not a qualified elector thereof and has not been a resJUeot of laid city
his successor is elected and qualified.
city; and do such o’Jier things as