Jacksonville post., June 03, 1911, Image 7

for the recovery of land which shall have been sold by the marshal oi the
City of Jacksonville, for any assessment, except in cases where the assess­
ments for which the land was sold have been paid before the sale, or the
land redeemed as provided by law, shall be commenced within three years
from the time of t.he recording the deed executed by the marshal.
Section 135, The council may provide by ordinance for the payment of
iany assessment or assessments levied or made in accordance with this chap­
ter in installments and for the issuance of bonds for the unpaid assessments,
as provided in Chapter V of title XXVI of Lord's Oregon Laws and all sub­
sequent acts amendatory thereof, as far as the same may be practicable;
provided, however, the council may determine what amount the property of
an owner must be assessed in order to enable him to take advantage of
the payment of the assessment in Installments. Whenever the owner of prop­
erty assessed in an amount entitling him to pay the same In instalments, as
hereafter to be provided by ordinance, files application, as to be provided
by said ordinance, to pay said instalments, thereupon the city council shall
have and are hereby expressly empowered and authorized to issue said im­
provement bonds in amount sufficient to pay all deferred assessment instal­
ments and the issuance of said bonds shall be without the necessity of sub­
mitting the question of the issuance of the same to a vote of the people, and
said bonds Shall not be deemed or taken to be within or any part of the lim­
itation of indebtedness as provided in Section 74 of this Charter.
Section 145. The people of the City of Jacksonville shall have the power
County of Jackson.
to petition by the initiative petition for amendments to the city charter. Said
City of Jacksonville.
petition shall be proposed by not less than 10 per cent of the legal voters of
I.................................................................... being first duly sworn, ray that (here
the city, and shall be substantially in the following form:
I shall be legibly written or typewritten the name of the signers of the sheet)
INITIATIVE PETITION.
■ signed this sheet of the foregoing petition, and each of them signed his
WARNING.
name thereto in my presence; I believe that each has stated his name,
It is a felony for any one to sign any Initiative or Referendum petition residence and street number correctly, and that each signer is a legal voter
with any other name than his own, or to knowingly sign his name more than of the City of Jacksonville.
once for the same measure, or to sign such petition when he is not a legal
voter.
z
day of
Subscribed and sworn to before me this
INITIATIVE PETITION.
A D. 19....
To the Hohorhble »>.............. ..
Recorder of the City
y
of Jacksonville, Jackson County, Oregon:
(Signature and title of officer and his residence.)
We, the undersigned, citizens and legal voters of the City of Jackson­
Section 152. That forms herein given are not mandatory and if sub­
ville, Jackson County, Oregon, respectfully demand that the following pro­ stantially followed in any petition it shall be sufficient, disregarding clerical
posed ordinance (or amendment to the city charter) shall be submitted to and technical errors.
•
the legal voters of the City of Jacksonville. Jackson County, Oregon, for their
This petition shall be signed by at least ten per cent of the legal voters
approval or rejection at an election to be called and held in accordance with of said city, and if against a part only of any ordinance shall have that pait
Chapter ------ of thia charter, and each for himself says: I have personally embodied in the petition or attached thereto. If against the whole of said
signed this petition; I am a legal voter of the City of Jacksonville« Jaekson ordinance, it shall have the whole of the same embodied or attached thereto.
County, Oregon, and. my residence and street number are correctly writteh Several forms of said petition may be circulated at said time and when
after my name.
fled shall be deemed one petition.
CHAPTER XV.
Name.
Should said ordinance be lost it shall be the same as an ordinance sub­
Residence.
Street. Number.
Rond District.
mitted to the council and lost by a vote of the council. If the action of the
(Here follow twenty numbered lines for signature).
Section 136. The territory embraced within the corporate limits of the
Section 146. If any amendment to the charter be proposed by initiative council In passing the ordinance shall be sustained the, ordinance shall becomo
City of Jacksonville, being that commencing at the southwest corner of the petition, said petition shall be filed with the City Recorder, and if it be not effective from and after the proclamation of the mayor, or in case of failure
■ southeast quarter of section 31, township 37 south, range 2 west, Willam- more than 20 days thereafter until the next regular meeting of the city coun­ to make said proclamation, from and after the proclamation of the recorder.
'■'ette Meridian, running thence east 160 chains: thence north to the south cil said recorder shall transmit the same to said council at said next regular
Section 153. In determining the number of legal voters whose signa­
■boundary of J. N. T. Miller’s D. L. C. No. —; thence west 160 chains; thence meeting; provided, if said next regular meeting be more than 20 days after tures are required to any initiative or referendum petition the number of
' «outh to the place of beginning, shall be and constitute a road district in the data of the filing of said petition, then in that event the City Recorder the legal voters of the city shall be the number who cast their ballots at
• Jackson county to be known as the Jacksonville Road District.
immediately upon the filing bf said petition shail forthwith transmit a cer­ the last general election held in said city at which a mayor was elected or
Section 137. The street commissioner, acting under such rules and reg­ tified copy of the same te the City Mayor, and it shall thereupon be the duty voted for.
ulations as shall be prescribed by the city council, shall have the care and of said Mayor to call and convene a special meeting of said council not later
Sectton 154. Whenever any initiative or referendum petition is filed.
supervision of the roads, streets, highways, alleys and other public grounds than two days after the receipt of said certified copy, and said council shall the recorder shall at once enter upon his record a statement to the effect
of said road district. Said street commissioner shall obey all orders given at said regular or special meeting by resolution as prescribed in Chapter that the last general election a certain number of votes were cast giving
him by the mayor, but said mayor shall not make any order that conflicts 111 of this Charter, order a special election for the purpose of submitting t.he exact number of votes so cast so that the recorder may then show what
with the provisions of this charter or the ordinances of the city qr the rules said proposed measure to a vote Of the people, and said measure shall be number of legal voters are required on an j^^iative or referendum petition.
and regulations of the council.
by said resolution submitted at said election, and which submission shall At any time when any legal voter desiring to file an initiative or referendum
Section 138. All male residents of said read district between the ages i bo sufficient, if It refer to the ballot title only. Notice of said electldn shall petition shall demand of the recorder to know tl.e number of legal voters
of twenty-one and fifty years, inclusive, except active and exempt firemen and be given as prescribed in Chapter III of this Charter.
jequired to sign said petition, said recorder shall give such voter a certificate
cripples who are disabled for manual labor, shall annually, oil or before
Should any initiative petition be filed within 60 days of the date of any stating the number of signatures required for initiative or referendum
the first day of June of each year, pay in cash to t.he treasurer of the city general election, then in that event said petition shall be ttansihitted by said petitions.
the sum of $3 as a poll tax, which shall be placed to the credit of the street recorder to the council at the next regular meeting thereof, and the same shall
Section 155. Should the mayor, recorder or council fail, neglect or
fund of the city.
refuse, strictly within the time herein required, to do any act or thing in this
be submitted in the manner herein provided at the said general election.
Section 139. The city council may prescribe the mode of collecting said
Section 147. The resolution submitting said measure and ordering said chapter prescribed to be done by them or either of them, any legal voter
poll tax, the officers to collect the same and all other things germane to its election shall also prescribe a title to be printed upon the ballot, which title may mandamus said mayor, recorder or council in the Circuit Court of
collection, management and disbursement, but all the proceeds of said tax shall be such as, in the judgment of the council, shall fairly and impartially i Jackson County, State of Oregon, to do such act or thing.
CHAPTER XVII.
must be expended for the benefit and improvement of roads, streets and convey the import of the proposed measure. The recorder of Jacksonville
alleys.
Miscellaneous.
shall number such measures and ballot titles in the most convenient and
Section 140. The council shall have power and authority to provide by consecutive manner. The affirmative of the first measure shall be numbered
Section 156. It shall be the duty of all persons owning lots or lands
ordinance the amount which shall be levied on taxable property for street 100 and the negative 101 in numerals, and the succeeding measures shall which have sidewalks abutting the same to maintain and keep in repair
and road purposes, the manner in which the same shall be expended on be numbered 102, 163, 104, 105 and so on. It shall be the duty of the said sidewalks and not permit the same to become or remain in danger-
said streets, roads and alleys, the manner of establishing the grades thereof, recorder to print said ballet titles and numbers upon the official ballot. our or Unsttfe condition. Any owner of lots or lands who neglects to
and all other things relative and necessary to the improvement and epair of Mcasuraa referred to the voters by petition shall be designated “Referendum promptly comply with the provisions of this section shall be answerable to
the streets, roads and alleys of said city.
ordered ly pett’en of the people.” Measures propbsed by the initiative peti­ any person injured by such negligence.
CHAPTER XVI.
Section 157. The City of Jacksonville shall not in any event be liable
tion shall bo d ig: a <d, “Proposed by initiative petition.” Charter amend­
Initiative and Referendum.
ments submitted by the city council without initiative petitions shall bo des- hi 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,
Section 141. Proposed amendments to the char* - nf the r-ltv nt lack
.onville may he submitted to t.he legal voters of , ,.ld £ by Ordinance pX gnated “Charter amendments submitt d to the voters by the city council."
Section 148. The city reeorder, m en the adoption of a resolution sub­ public grounds, public buildings, or ditch, unless the mayor, or street com­
by the city council, which said ordinance
€lllbody or bavg nttacbed mitting any measure or ihcasUrts pr&j used by initiative petition shall publish missioner shall Litre had actual notice of such defect or dangerous place,
thereto and made a part thereof, the co^p](,te text of the I)roposed amend. a copy of said measure or measures in two successive issues of a newspaper and )t refisSuMble time thereafter in which to repair or remove such defect
ments in such sections and subdivide a, the council ghah deem nePessary printed and published in said city within the ten days immediately preced­ or dangerous place before the happening of said accident or injury, and if
for an intelligent vote upon the
amendments proposed. Such ordi­ ing t.he date fixed in said resolution for said election. .The amendments thus any property holder, by his carelessness or neglect to perform any duty
nance shall appoint a time at wb|ch tbe ]egaj Voters
gajd cjty sbajj vote voted upon which receive a majority of the votes cast thereon shall become required of him by the terms Of this act, contributed to cause said injury
upon said proposed amen jments. And said ordinance shall also prescribe a a part of said charter in the same manner as herein provided for those pro­ and damages, he shall reimburse the city for all damages which it has been
title to be printed up^fl (be ballot, which title shall be such as, in the judg­ posed by the council, and shall be spread upon the record and printed in like compelled to pay in such case.
Section 158. No compensation whatever shall be paid tbe mayor or any
ment of the cour ^ sbaj| fa.r]y and impartially convey the import of the manner.
of
the
councilmen for services performed by them as such officers, The
proposed amc ildmenj. provjded; that if at the time of the passage of said
Section 149. brdinances and resblutions of the City bf Jacksonville in
ordinance
¡g not more than sixty days until the next general election, addition to being passed by the council, may be proposed by the people recorder, treasurer, marshal, street* commissioner and other subordinate
then i a that event said proposed amendment shall be submitted by said ordi- through the initiative petition as, follows: Not less than ten per cent of the officers shall each receive compensation for their services in an amount
c -nce at said general election, but if it be morO than sixty days until the legal voters of said city may propose any ordinance thereof to be voted to be fixed by ordinance passed by the council.
Section 159. Whenever under the provisions of this charter publication
succeeding general election then in that event the city council may designate upon by the legal voters by an initiative petition signed by at least ten
in said ordinance a time for the holding of a special election for the purpose per cent of the legal voters of said city, embodying or having attached of any notice, ordinance, statement, proceeding or other matter or thing is
of submitting said proposed amendment to a vote of the people, and the same thereto a copy of said ordinance or resolution. Said initiative petition shall required to be made by printing in a newspaper, proof of such publication
Shall be by said ordinance submitted at said special election; provided, fur­ be substantially the form given in Section 145, and shall be verified in the shall be made by the filing of the affidavit of either the printer, publisher or
foreman of said newspaper, with the city recorder. Said affidavit shall have
ther. that the day fixed for said special election shall be not less than twenty same manner as is provided in Section 160.
days subsequent to the passage of said ordinance.
Said petition shall be treated in all respects the same as a petition attached thereto a printed copy of the notice, ordinance, statement, proceeding
Section 142. After the passage of said ordinance proposing said amend­ proposing amendments to said charter an,d the City Recorder shall transmit or other thing or matter published. And whenever the publication of any
ment, the city council, within the time as prescribed in Chapter III of this the same to the City Council or Mayor as provided in 146th Section of this notice, ordinance, statement, proceeding or other thing or matter Is required
Charter, shall, by resolution, order said election and give notice thereof as Chapter for the submission of an initiative petition and the action of the to be made by posting, proof of such posting shall be made by the filing with
prescribed in said chapter; provided, however, that said election shall be council, th» times within within which it must act, the time and manner of the city recorder of the certificate of the officer posting such notice, ordinance,
ordered to be held on the day and at the time and place designated in said submitting the same to a vote of the people, the manner and time within statement, proceeding or other matter or thing and in either case proof of
ordinance, and the ballot title of said measure or measures as set forth in which the election shall be ordered and held, the notice of said election, such publication by printing or posting shall on its face show a compliance
said ordinance shall be specified in said resolution and notice; provided, fur­ proclamation of the result thereof and all publications, matter, things and with the time, manner and form of the provision of the charter under which
ther. that the said ordinance, with the full text of said proposed amend­ acts pertaining thereto shall be and conform asAiearly as possible to the it is made. Such proof shall be filed not later than one day after the date
ments, shall be printed and published in two consecutive issues of a news­ procedure in this chapter provided for the amending of the charter by upon which said publication or posting is completed. All proofs of publl-
paper published in said city within ten days immediately preceding the date initiative petition; provided, however, when said petition is transmitted to cation shall be securely filed away and preserved by the city recorder and a
of said election. The council may, or may not, in its discretion, issue any the city council said council may adopt or reject the same, provided, that full, true and correct copy thereof shall be entered upon the record and
statement to the voters containing a reason or reasons for said proposed if the council adopt said measure it shall do so by resolution and thereafter which record shall be a book kept for that purpose only and shall be entitled
amendments and any arguments thereon, and may provide for the printing said measure shall without other action upon the part of the council become ’’PUBLICATION PROOFS.“’
Section 160. Whenever the publication of any notice, ordinance, state­
and distribution, either of said arguments or of said proposed amendments, an ordinance or resolution of the City of Jacksonville with full force and
or any part thereof.
effect as if duly passed or ordained by the city council, subject, however, ment, proceeding or other matter or thing is by the provision of this charter
required to be published In a newspaper published in the City of Jacksonville
Section 143. If at said election said or any of said proposed amend­ to the referendum petition as hereinafter provided.
and there be no such newspaper, then in that event posting of th same shall
ments shall receive a majority of all of the votes cast for or against the
Section 160. When any ordinance shall be passed by the council it shall
same, then the amendment or amendments receiving such majority shall become effective on the eleventh day thereafter without further action by be deemed and taken as sufficient publication thereof; provided, further,
become a part of the charter of said city, as herein provided, to-wit: At the the council, unless within said time a referendum petition shall have however, the certificate of the officer making proof of such publication by
first regular meeting of the council after said election or at any special been filed as herein provided. At any time within ten days after the pas­ posting shall fully set forth the fact that publication In a newspaper is
meeting thereof called or held for that purpose, the mayor shall issue a sage of any ordinance by the council a referendum petition thereon may omitted by reason of tbe fact that there Is no newspaper being published in
proclamation, which shall be spread upon the records, stating that said be filed with the recorder, the effect of which shall be to suspend the said city at such time.
Section 161. Whenever under any of the provisions or powers of this
amendments were carried or lost (as the case may be), designating those operation of said ordinance subject to a vote thereon by the legal voters
charter
a lien is created or levy made upon or sale made of real property
that were carried or were lost, and proclaiming that from and after said of said city, provided, however, any ordinance, resolution, regulation or other
date those that were carried should be a part of said charter and the char­ measure, necessary for the Immediate preservation of the peace, health or which at the time of the creation of such lien or the making of such levy
ter amended to conform thereto. Said proclamation shall be substantially in safety of the city, its Inhabitants or property, which shall set forth and em­ oi sale is or has been registered under the provisions of Chapter III of Title
XLVI1I of LORD’S OREGON LAWS, the city council Shall by ordinance or
the following form, to-wit:
body in a separate section the reason why it is necessary that ft should become
Proclamation of the Mayor of the City of Jacksonville on Amendments to immediately operative and which ordinance, resolution .regulation or other i esolution prescribe the forth of tlotle« of such lien, levy or sale, and which
notice shall be made and prepared by the City Recorder and by him trans*
the Charter Submitted by Ordinance No. --------- .
measure, shall
approved by the affirmative vote of 4-5 of all the members
By virtue of the authority in me vested as Mayor of the City of Jack­ elected to the city council, shall become immediately operative and the same mltted to and filed with the County Recorder of Jackson County, State of
’Oregon and said County Recorder shall thereupon enter a inemorir! thereof
sonville, I do proclaim that amendments No. ------ proposed by Ordinance shall be subject to but not suspended by the filing of a referendum thereon.
No.------ , received a majority of all of the votes cast for or against the same,
The following shall be substantially the form of petition for refeKiiicium upon the proper folium of the register of titles.
Section 162. Upon the adoption of the charter the city council shall cau«i
or failed to receive a majority of all of the votes cast for or against the to the voters on an;- ordinance passed by the council.
all ordinances of the Town or City of Jacksonville to he fully revised and
same (as the case may be). That from and after this date, amendments
WARNING
uch ordinances and matters that are not of fo:ce or effect shall be expunged by
No. '----- are a part of the charter of the City of Jacksonville, and the same
It Is felony for any one to sigu any Initiative or Referendum petition with
repealing tire same and thereupon such ordinances as me and should remain
is amended to that effect.
any other name than his own, or to knowingly sign his uan:e more than
Dated at Jacksonville, Oregon, this............... day of.................................... 19... once for t.he same measure, or to sign such petition when he is not a lega' 1’ force shall be made effective in proper mann r and published in pamphlet
form.
voter.
Section 163. All acts and parts of acts enacted by the Legislative
Mayor.
REFERENDUM PETITION.
\ssembly or by vote of the people of Jacksonville be and the same hereby nre
Said proclamation within ten days after the same is issued by the mayor Tc the Honorable *.................................................................
repealed.
shall be published in one issue of a newspaper published in the city of
Recorder of the City of Jacksonville,
BE IT FURTHER RESOLVED that t' • 2bt day of June, 1911, between
Jacksonvlle.
Jackson County, Oregcn:
the legal voting hours of said day. la here! y designated as the time for
Section 144. If any amendments to said city charter shall receive a
We, the unuersigned, legal voters of the City of Jacksonville, Jackson
majority of the votes ca t thereon, and the mayor shall at the firm regular Count?, Oregon, respectfully demand that Ordinance No.......................................... ’ oldii-g said special election, and ti e City Hall is hereby designated and
meeting of the council or at a special meeting called or held for that j ur- entitled (title of ordinance on which the referendum Is sought, passed by the - ij j ointed as the polling place for » <d el cticn, and the following are
designated and appointed as the Chairman, Judges and Clerks of said election,
pose, refrse or neglect to issue said proclamation, then such facts shall l-e City Council of the City of Jacksonville at Its meeting on the..........
to-wit: J. Hartman, chairman. W. C. Kit'o and F. Kasshafer, judges, and
entered upon the record by the recorder and said recorder, in big name i 3 Jay o
19 ...shall be -submitted to the legal voters of
suc.’i officer, shall issue a like proclamation as that prescribed i.i section ’.ho C y of Jacksonville for their approval or rejection st an election J. P. De Roboaia and J. B. Wetterer. clerks; and the Recorder Is hereby
U3 of this Chai ter. with the additional notice and statement that ‘.he mayor to te i-le 1 and held la accordance with the provisions of Chapter.......... of Instructed and directed to give nolle.- of raid election for tbe time and in the
has neglected and refused to issue said proclamation as prescriled in mid I the City Charter, and each for himself says: I have personally signed this manner required by law.
Passed by the City Council tills the 19th day of May, 1911. by tuo
section 143, and said proclamation shall be spread up -n the record and petition; I am a legal voter of the City of Jacksonville. Jackson County,
shall be published within ten days after the same is so issue 1, in one lzaua Oi ego:,, and my residence and street number are correctly written after my following vote:
Yeas: Britt, Dunford, Fick, Grieve (4).
of a newspaper published in the City of Jacksonville.
name.
. j/f
And from and after the date of the issuance of o.ther of the aforesaid NAME
Nays: None (0).
^na tod
RESIDENCE
STREET NUMBER
Submitted to the Mayor May 19th, 1911.
proclamations the amendment or amendments so carried shall be a part of
ir: » tarli (rfnntea
Approved by the Mayor May 19th, 1911.
eaid charter and the charter shall be deemed amended to conform thereto.
bps2 e-iuO dnaJaO
(Here follow twenty numbered lines fcr signatures).
Within five days after any such amendments e.hall become effective, the
T-.T-Mta
Section 151. Each and every sheet of every petition for either tbe Initia-1
recorder shall note the fact upon the record and shall cooy into the record tive or referendum c- xi: Ing zigoatu.-ea snail be veiified on the back thereof in '
Mayor of the .ftW
a
v
tbe amendments so cairied. Thereafter the same shall be printed with the sjbf.ainla >y the fc
-iJacoO
tol sliii vlima'd e'llaH attaT
wi
otm ly tie persen who circuited such sheet
Attest:
charter as a part thereof whenever the printing of said charter shall be of said pe,.. .a ! y . La..c thereon az follows:
.noilaq
HENRY O. DOXkU ,il (U ‘
authorized.
STATE
OF
OREGON,
Recorder
of
the
CJtjr
qf
Jacksonville.
*
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\ .’ V