Jacksonville post., June 17, 1911, Image 4

Section 46. He shall keep, in proper books fc r that purpose, a list other place iu said city where be bus reasonable grounds for believing that demand, the recorder shall draw a warrant upon the treasurer for the sum, *
of all road poll taxes and all ¿ss issment* for nruniclpal taxes, or better- the criminal laws of the State of Oregon or tile ordinances of said city which said warrant shall be countersigned by the mayor and shall
ment assessments for improvemt nt v, showing the names of perrons liable are being violated, and on view arrest therein any and all persons whom he specify for what purpose the same is drawn.
Section 84. No order for the payment of money shall be passed at
to pay the same, whether or not ‘hey hove bet n paid, and the property has reasonable grounds to believe guilty of violating said laws or ordin­
ances, and hold them n custody for examination or trial, as provided iu . any ot.'ier than at a regular meeting, and no such order shall have validity
assessed, if any.
I or effect unless passed by the votes of at least three councilmen.
Section 47. The recorder siialf be the jv dicial officer of the city this chapter.
Section 68. If the city marshal or any police officer of the city neglects
shall hold and preside over a court to he called the Recorder'!.-, Court,"
CHAPTER XII.
¡•nd shall have exclusive jurisdiction <»
vwl ttlons of city ord r.a ices, He to comply with any of the requirements of this charter, or ordinances or
Powers and Duties of Council.
shall by virtue of his office be ex-officio J<stic<: of the peace with .ill powers resolutions of the city made in pursuance thereof, or is absent from the
Section 8
The city council shall have the power and authority, within
of such Justice of the peace within the tuslM c district of JackMmvlIle, and city for a period of more than twenty-four hours, without the couseut of the limits of the City of Jacksonville, to enact all ordinances and adopt
shall perform the duties of such Justice ot the peace during a. vacancy tn the council or mayor, or is careless or Inattentive to his duties or disobedient all resolutions as shall be needful or requisite to maintain, establish and
to the lawful order und directions of said council and mayor or recorder, the promote the peace, good order, health, cleanliness, government, ornament,
said office or the disability or absence of at ty meumbent thereof.
Section 48. All civil and criminal pr weedings before the recorder, as cty council shall declare said office vacant and proceed to elect a successor prosperity and general welfare and safety of the city and its inhabitants,
such, shall be governed and regulated by the laws e>f the State of Oregon thereto.
and to protect the property and person of its inhabitants and to exercise,
Section 69. The council shall have the power and authority, by ordin- within the limits of the city, all the powers commonly known as police
In relation to justices of the peace, except i hat In Jill proceedings for or on
account of the violation of a city ordinance,. the trial shall be without a ance or otherwise, to prescribe such other and further duties for the powers, to the extent as the State of Oregon has or could exercise said
marshal and other police officers of the city as it shall deem advisable, powers within said limits; provided, .however, that said city council shall
Jury.
city recorder, and all other not inconsistent with the provisions of this charter.
Section 49. All fines collected by the
not have the right to license or permit by ordinance or otherwise in any act
Section 70. The marshal shall attend the meetings of the council and in conflict with the general laws of the State of Oregon, now In force and
moneys coming into his hands as such recc •rder, he shall forthwith turn
over to the city treasurer and take his recel ?t th erefor, and shall make a perform the duty of sergeant-at-arms for Eaid body, watch over, care for effect or any law of the State of Oregon that shall hereafter be enacted,
and preserve the city property, and perform such other duties as may and if, in the construction of this charter, a conflict should arise in the
monthly report thereof in writing to the city co unci 1.
Section 50. He shall issue all licenses w hen directed so to do by the be imposed upon him by the mayor or the city council.
operation of the criminal law of the State of Oregon, with the police regu­
city council? He shall draw all orders for the pi ¡yment of money after the
CHAPTER IX.
lations of the city, the general statutes of Oregon shall have precedence
Bond of Recorder, Marshal, Treasurer and Street Commissioner.
same has been ordered by the city council, sli n the same und present the
and shall be superior to the ordinances of the city in the administration
Section
71. The recorder, treasurer, marshal and street commissioner of the criminal law, and all ordinances of said city shall be subject to the
same to the mayor for his signature.
Section 51. He shall record, in a book to. be kept for that purpose, shall before entering upon the duties of their respective offices, each above restrictions and in conformity therewith.
all ordinances which are finally adopted, and all resolutions passed by I execute a bond to said city in such penal sum as the council may by ordin-
Section 86. The city council of the City of Jacksonville shall have
the council; and such record, when signed by the recorder, with the date I ance prescribe, conditioned tor the faithful performance of his duties, and power and authority:
when such ordinance became operative, shall be competent evidence of ' such bond shall be approved by the council before said officer enters upon
1. To assess, levy and collect all taxes within the corporate limits of
! the discharge of his duties.
The bonds when approved by t.he council the City of Jacksonville necessary to meet the expenditures of the city gov­
such ordinance or resolution.
Section 52. In pleading any ordinance of I he City of Jacksonville, it shall be filed with the recorder, except the bond of the recorder, which ernment, upon all property made taxable by the laws of the State of Oregon.
shall be sufficient to state the number of su Ch ordinance and the date shall be filed with the treasurer. Appointive and subordinate officers may
2. To borrow money, incur indebtedness. Issue warrants and negotb
when it was signed by the mayor or became ope rative, whereupon the court : also be required by ordinance to file a like bond to the city.
able bonds in the manner and to the extent in this charter provided and
CHAPTER X.
shall take judicial knowledge of the same.
I
not otherwise.
Taxation.
Section 53. Absence of the recorder fro: m the city for a period of -
3. Except as otherwise provided in this charter, or in th® constitutibW
he
council,
or
carelessness
Section 72. The council shall provide by ordinance a system for the or laws of the State of Oregon, to regulate and control for any nhd evarf
more than one week, without the consent of t
or inattention to his duties or disobedience to a proper order of said council assessment, levy and collection of all taxes necessary to meet the ex­ purpose, the use of streets, highways, alleys, sidéfralks, Wotwaÿs, pubife
shall be sufficient cause to authorize the c ouncil to declare his office penditures of the municipal government, which said system shall conform thoroughfares, public places and parks of the city.
vacant.
The mayor may appoint a recorder pro tempore to hold the as nearly as may be to the laws of this state. There shall be annually
4. To provide for the survey and plat of the blôckB and streets of ths
recorder's court and transact any other duties .required during the absence levied on all the property in the city taxable for county and state purposes, city, and for marking the boundary lines of sitch Strelets, brocks and lota
of the recorder, during which period the actin g recorder shall receive the a city tax, not to exceed three per centum of the value of the property, and to provide for the survey and permanent ihabkihfr Of thé 'bouhdat^
for city purposes, and such further amount as may be necessary to pay
salary of the office.
lines of the corporation.
Section 54. Whenever nny police or officer turns over to the recorder any Judgment existing against the city; but any license exacted and col-
5 To provide for the naming and numb'érifig of streets and the num­
lected
by
the
city
upon
any
place,
person,
pursuit,
occupation
or
calling
any cash bail taken by him for the appearance of any person charged with
bering of houses and to compel th’e owner Of bwtierk ot house's to num­
an offense, the recorder shall thereupon take the affidavit of said officer and the property connected with the place, person, pursuit, occupation or ber them in accordance frith the te'gulatlons pr'escribe’d 'therefor by ordin­
us to the person and offense charged, and if an y such person does not ap­ calling licensed shall not be considered contrary to or in conflict with the ance.
pear and answer such charge during that day, the recorder shall declare provisions of this section.
6. To control, regnlhte, preVent and prohibit the construction or main­
Section 73. All taxes levied by the Town ot Jacksonville shall be
such cash bail forfeited for the use and benefit »f the city, and shall there­
tenance of awnifigs, bill beards, posters, advertising signs, sign posts,
upon make a record of the matter on the recor is of said court, and forth­ collected and become the property of the City of Jacksonville.
hitching posts, awning posts, bicycle racks and all other obstructions within
with pay the sum forfeited to the city treasure tr, and shall enter the fact
CHAPTER XI.
the streets or upon the sidewalks and to compel the removal of such
of such payment and a copy of the treasurer’s receipt below on the margin
Bonds and Indebtedness.
obstructions or anything that is so constructed and maintained in viola­
of his record of such proceedings. If the person so charged with an offense
Section 74. The Council of the City of Jacksonville shall have power to tion of any ordinance or regulation in regard thereto and to make the cost
uppears for trial during the day, the Recorder shall hold such cash so borrow money on t.he faith of the City and to that end to provide for the
of such removal a lien upon the property immediately in front of which
deposited to unswer any fine and costs that nil ly be assessed against the issuance of bonds of the City for any purpose and shall designate the manner
the same is maintained or constructed; to make all needful or expedient
defendant after the determination of his case.
and time of payment thereof and the interest thereon, provided that the regulations to keep and maintain the public streets, sidewalks and places
Section 55. In all trials before the city recorder for violation of any amount of said bonds shall not at any time exceed the sum of seventy-five
in a clean, open and safe condition for public use.
city ordinance, the recorder shall have power to cause to. be subpoenaed thousand dollars (75,000), and that the rate of interest on such bonds shall
7. To regulate, control and prohibit the erection and maintenance of
by the city marshall any witness or witnesses within the city limits, but not exceed six per centum (6 per centum) per annum, and provided further
all telegraph, telephone, electric light or power lines, wires, cables, poles
none of said witnesses shull be allowed any witn ess fees for attending upon that the total indebtedness of the City shall not exceed one hundred thousand
and posts, conduits and all electric and other apparatus for the carrying
the term of said court; provided, however, tha't if any witness resides in dollars ($100,000) at any time, and provided further that before issuing any
or transmission of electric current or power of any nature whatever; ths
Jackson County, Oregon, and without the city lln iits of the City of Jackson­ of the bonds aforesaid or any part thereof, the question of the issuance
manner of constructing and the location of street car llneB or railways,
ville. and his testimony in any cause shall be 'deemed by the recorder as of the same or any part thereof shall be submitted to the qualified bond
the manner of operating the same, and to regulate the rates of fare there­
appertaining to the issue, and his oral exitmination important and voters of said City at a regular city election or at a special city election
on; of water mains and pipes, oil and gas mains and pipes, sewers, drains
necessary, such witness may be by proper subpoena, signed by said record­ held therefor, which special city election shall be conducted in the same
and ditches, and the opening of street surfaces.
er, compelled to attend the place of trial, provided that upon the attend­ manner as a regular election, and that notice of said election, whether
8. To regulate, control and prohibit the planting of trees and shrub­
ance of such witness, he shall be allowed as witness fees, the sum of $1.50 general or special, shall contain a statement of the amount of bonds proposed
bery along the streets and sidewalks.
per day, together with mileage fees amounting to 5 cents per mile for to be issued and the purpose and object for which the same shall be Issued
9. To compel the owners of lots adjacent to any street to construct,
each mile necessarily traveled by said witness in going and returning from and the estimated cost of each and every of said objects for which the said
re-construct, repair and re-repair sidewalks adjacent and contiguous to
said place of trial. Before any witness shall be allowed to give testimony bonds are to be issued, but Inasmuch as heretofore at an election held by said lots in the manner prescribed .herein and by ordinance and in default
before said recorder's court, he shall first be required to take an oath said city the legal voters of said city authorized the issuance of thirty of the owner to comply therewith to have the same constructed and make the
or affirmation such as is administered in the Circuit Court for Jackson thousand dollars (30,000) of bonds for the purpose of constructing a system cost thereof a Hen upon the adjacent and contiguous lot and to provide for
County, Oregon, and which said oath shall be administered by the re- of water works to supply the said city and the Inhabitants thereof with the collection of the same by the sale of said lot or lots and everything
corder.
water and an agreement has been entered into for the sale of said bonds necessary and requisite to carry into effect this power.
Section 56. The city recorder shall be the legal custodian of all records, when the legality ot the same shall have been approved by the attorneys
10. To provide and establish a road district, which shall be of the sama
documents and files of the city and he shall keep the same in a safe and for the buyers of said bonds, this section shall not be deemed to apply extent and be embraced within the corporate limits of the city.
public
records
acessible
to
public
inspec-
secure place and t.he same shall be
to the bonds so authorized, and the Council of the City of Jacksonville is
11. To divide the city into wards and change the same at will; pro-
tion every day between the hours of 8 o’clock A. M. and 6 o’clock P. M. except hereby authorized and empowered to issue said thirty thousand dollars vided, a change in the wards of the city shall not be made oftener than once
holidays.
(30,000) of bonds for the purpose of constructing the said system of water in two years.
Section 57. The City Recorder upon demand and tender of the fees, to works to supply the said city and the inhabitants thereof with water, and is
12. To open, vacate, alter, grade and Improve streets as herein pro-
be hereafter provided by ordinance, shall furnish to any person a certified further authorized to deliver said thirty thousand dollars (30,000) in bonds vided.
copy or copies of any public record or part thereof and such certified copy to the buyers thereof upon the receipt of the purchase prtce of the same, and
13. To ekercise the right of eminent domain for all municipal purposes
shall be admitted as evidence in all courts and shall be of the same force and -aid thirty thousand dollars (30,000) of bonds so issued shall be deemed an and to provide
:
the procedure therein.
effect as the original thereof.
indebtedness of the City of Jacksonville within the meaning of Section 13
14. To provide a municipal court, to be called the Recorder's Court,
of this ordinance, and said thirty thousand dollars (30.000) of bonds and and to regulate
CHAPTER VII.
1
the practice and proceedings of the same.
each thereof is hereby legalized and the same shall remain and be an Indebt­
The Treasurer—His Powers und Duties.
15 To establish a police force, which shall be under the superintend
Section 58. The treasurer must receive and safely keep all moneys edness of the City of Jacksonville until the same shall have been legally paid ence of ’ the city marshal.
and funds that come to the city, either from taxation or otherwise, and shall and satisfied.
16. To license, tax and regulate auctioneers, hawkers and peddlers,
Section 75. If a majority of the legal voters of said city shall be in brokers i and pawnbrokers, ot to prohibit any or all of such occupations
pay the same out only upon warrants drawn upon him by the mayor and
attested by the recorder, and to do and perform all other acts as are favor of the issuance of said bonds, they shall be issued, or such part thereof within the city.
He shall pay no claim against as shall be authorized at said election, by the city council of said city,
prescribed for him by by t.he city council,
17. To license and tax the selling of goods by sample, and such other
That said bonds as aforesaid shall be In denominations of not less than branches ofliusiness and professions as in the judgment of the council ought
the city until the same shall have been audited and allowed by the city
council.
■
i
1
■$’<■ $100 and not more than $1000, as the council may elect, and shall be signed to be licensed and taxed.
Section 59. The treasurer shall keep an account with the general by the mayor and recorder with the name of their office affixed and under
18. To provide water for the use of the Inhabitants of the city and
fund, and a separate account with each special fund, and when an order the seal of the City of Jacksonville with interest coupons attached thereto, to that end to own, buy, sell, lease or contract for water to be furnished
with the signature of the mayor engraved thereon. Said bonds shall be made by third persons to the city or to the inhabitants thereof and to control
is drawn upon one fund it cannot be paid out of another fund.
Section 60. He must on the first day of January, July and October of payable within 20 years, Interest payable annually or semi-annually and shall and regulate the use and rate thereof; to own;, buy, lease, or contract for
each year, and at such other times as he shall be directed so to do by the not be sold for less than their par value, nor otherwise than for cash paid property within or without the city for such purposes; to construct, main­
council, make out and present to the mayor a full and complete state­ down at the time of sale, nor draw a gi eater rate of interest than this tain and own, manage, operate a complete system of water works, with
ment of the receipts and expenditures of the preceding year and said re­ chapter provides.
all the necessary implements and appliances for the supply of water to the
Section 76. The city council are hereby authorized and empowered city and citizens of the City of Jacksonville and vicinity, to be constructed
port made on the first day of January of each year shall be accompanied
by a Btatement of the outstanding indebtedness of the city, including inter­ without the necessity of submitting the question of the issuance of the In such time and mannqr as shall seem to the council most practicable, or
est on unpaid warrants.
same to the bond voters, to issue $15,000 additional of bonds for the purpose as shall be determined by a vote of the electors of said city upon referendum
Section 61. The council shall have full power and authority to pro- of constructing or continuing the construction of a water works system of such measures or upon the initiative petition and the water to be taken
vide for such other and further duties by such officer ns they may deem to supply the city of Jacksonville and the Inhabitants thereof with water.
therefor may be taken from any stream, spring, well or wells, cistern or
Section 77. The city council may provide by ordinance or resolution cisterns and for this purpose to condemn private property in the Barna
expedient for the welfare of the city.
the manner of selling any bonds issued under the provisions of this charter, manner that private corporations may do so under the general laws ot the
CHAPTER VIII.
Section 78. A qualified bond voter within the meaning of this chapter State of Oregon.
The Marshal—Ills Powers und Duties.
Section 62. The city marshal shall be the conservator of the peace is a person who shall. In addition to the qualifications of a general elector
19. To provide electric, gas or other lights for said city and for Its
within the limits of the City of Jacksonville. In addition to the duties pre­ as in this charter provided, be a tax payer upon real estate situated within inhabitants, and to that end to own, buy. sell, lease or contract for property,
scribed by the council, he must execute and return all process Issued by the the corporate limits of the City of Jacks-onville.
or contract with third persons to furnish the same to said city or Its
recorder or any justice of the peace within said city, or any part of the
Section 79. The council shall at the same time the tax for general inhabitants, and to regulate and control the price and the use thereof:
State of Oregon. He must attend upon the recorder’s court regularly,
tax is levied in each year after the issuance of any such bonds, levy and r.ovided, that no purchase of any public utility or no sale or lease of any
Section 63. He may appoint one or more deputies with the advice and collect a special tax on taxable properly within said town sufficient to such property described in this or the preceding section shall be without
consent of the mayor.
raise money to pay the Interest on all bonds issued hereunder, and to pro­ the consent of at least three-fourths of the entire council. Said contract,
Section 64. It shall be the duty of the city marshal, or one of his vide a sinking fund with which to pay the principal of said bonds at matur­ purchase or lease shall be made by ordinance and shall not become bind­
deputies, on view or Information, to arrest any person charged or known ity. Said tax tnay be Included in the other taxes on the town considered ing or operative until the eleventh day after Its passage.
to have violated nny of the criminal laws of the State of Oregon, or any of a part thereof, for the purpose of levying- and collecting the same; and as
-9a. The council shall have the power to fix the maximum rate for gas
the ordinances of the city, and shall hold such person in custody and fast as the taxes are collected, its proportion to the other taxes collected or other lights, and water rates, and said city shall never deprive Itself
promptly take him before the recorder or any justice of the peace, until with It or included In the sum collected, shall be set apart from other of the right through Its council of regulating and adjusting any such rates
such recorder or justice of the peace shall determine whether such per­ taxes as a special fund for the purpose, and to be used in the manner so that the same shall be reasonable for the services rendered at least once
son shall be released or committed for trial In due form of law.
and for the purpose hereinbefore provided, and shall not be used for any in a period oi two years.
Section 65. The city marshal or any of bls deputies on arresting any other purpose than that for which the same was levied and collected.
20. To prevent and restrain riot, noise, disorderly conduct, and dls-
person In the night time, shall commit such person to the city prison for
Section 80. The money belonging to the sinking fund provided for by orderly assemblages.
the night, or he may accept cash ball from such person, conditioned for the preceding subdivision of this chapter may be by the city Invested from
21. To regulate and prohlbit the passage of any steam, traction, or
hie appearance before the recorder of the city the following day to answer time to time in Interest bearing bonds of the United States or of this other engine, motor or machinery upon the streets or any bicycle, motorcycle,
to any charge preferred against him by such marshal or deputy, or other state, or of municipal corporations therein, or may be used In purchasing tricycle or similar vehicle, upon the sidewalks.
person. Said marshal shall take all persona so arrested the next morning any outstanding bouds or warrants of the City of Jacksonville until dls-
22. To license, tax and regulate barrooms, saloons, billiard rooms,
before the recorder for further proceedings against him; but If cash bail posed of under this chapter.
bowling alleys, or any place where spirituous, malt or vinous liquors are
has been accepted for the appearance of any such person, the officer
Section 81. In the event that said council shall deem it for the best sold or offered for sale; provided, that the council may refuse any particu­
taking it shall the next day make a report of the facts and deliver the Interest of said city, the said council is hereby authorised to issue the
lar person a liquor license, and may restrict the number of licenses granted.
money, so taken as ball, to said recorder, and said police officer shall make bonds of said city to refund any outstanding Indebtedness at a lower rate
23 To prohibit any person from selling or giving away any malt,
affidavit for a warrant against any and all persons so arrested, or against of interest than the warrant now bears, but for all other purposes said spirituous or vinous liquor to any pertffn under the age of twenty-one
any person whom there Is probable grounds to believe has violated any bond issue shall only be authqrlzed by a majority vote of the qualified bond
years, and to prevent the owner or keeper of any plaoe where such liquors
ordinance of the city, whenever requested so to do by either the recorder or voters.
are sold or kept for sale from permitting any person under the age of
mayor of the city
Section 82. That in determining the indebtedness of said city the twenty-one years to come Into or remain in any such place; provided,
Section 66. It shall be unlawful for nny police officer of said city to total amount of all warrants and bonds, and the accumulated interest thereon, that no license for the sale of any liquor as a beverage shall ever ba Issued
permit the escape of. or take cash ball from, any person found or charged shall be held to constitute the total indebtedness.
to any person who shall have been previously convicted of wilfully and
with committing a felony.
Section 83. All claims or demands against the city shall be presented knowingly selling any Intoxicating liquor to any minor knowing him to be
Section 67. The city marshal or any police officer of said city, shall to and audited |>y the council in accordance with such regulations as they such.
have power and authority at any time to enter any room, building, or may by ordinance prescribe; and upon the allowance of any such claim or
-4. To prohibit the selling or giving of any intoxicatin' ”
< -,-v