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About Jacksonville post. (Jacksonville, Or.) 1906-19?? | View Entire Issue (June 17, 1911)
for the recovery of land which shall have been sold by the marshal of th» Section 145. The people of the City :.f Jacksonville shall have the power County of Jackson, City of Jacksonville, for any assessment, except in cases where the assess to petition by the initiative petition for amendments to the city charter. Said City of Jacksonville. ments for which the land was sold have been paid before the sale, or the: petition shall be proposed by not lees than 10 per cent of the legal voters of I................................................................... being first duly sworn, say that (here land redeemed as provided by law, shall be commenced within three years» ) the city, and shall be substantially in the following form: •'.hall be legibly written or typewritten the name of the signers of the sheet) from the time of the recording the deed executed by the mauhal. 8 INITIATIVE PETITION. signed this sheet of the foregoing petition, and each of them signed his Section 135. The council may provide by ordinance for the payment of WARNING. name thereto in my presence; I believe that each has stated his name, any assessment or assessments levied or made In accordance with this chap 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 ter in installments and for the issuance of bonds for the unpaid assessments, ■j with any other name than his own, or to knowingly sign his name more than of the City of Jacksonville. as provided in Chapter V of title XXVI of Lord's Oregon Laws and all sub i once for thu same m'-asure, or to sign such petition when he is not a legal sequent acts amendatory thereof, as far as the same may be practicable; I voter. Subscribed and sworn to before me this................... day of.................................. provided, however, the council may determine what amount the property of INITIATIVE PETITION. A. D. 19.... an owner must be assessed in order to enable him to take advantage of To the Honorable ....................................................................... Recorder of the City the payment of the assessment in installments. Whetftever the owner of prop of Jacksonville, Jackson County, Oregon: (Signature and title of officer and liis residence.) erty assessed in an amount entitling him to pay the same in instalments, as We, the undersigned, citizens and legal voters of the City of Jackson Section 152. That forms herein given are not mandatory and if sub hereafter to be provided by ordinance, flies application, as to be provided ville. Jack? on County, Oregon, respectfully demand that the following pro stantially followed in any petition it shall be sufficient, disregarding clerical by said ordinance, to pay said instalments, thereupon the city council shall posed ord ¡nance (or amendment to the city charter* shall be submitted to and technical errors. have and are hereby expressly empowered and authorized to issue said im the legal voters of the City of Jacksonville. Jackson County, Oregon, for their This petition shall be signed by at least l<n per cent of the legal voters provement bonds in amount sufficient to pay all deferred assessment instal approvyj 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 part ments and the issuance of said bonds shall be without the necessity of sub Chaptr r ------ of this charter, and each for himself says: I have personally embodied in the petition or attached thereto. If against the whole of said mitting the question of the issuance of the same to a vote of the people, and signe d this petition; I am a legal voter of the City of Jacksonville, Jackson ordinance, it shall have the whole of the same embodied or attached thereto. said bonds shall not be deemed or taken to be within or any part of the lim Cov nty, Oregon, and my residence and street number are correctly written Several forms of said petition may be circulated at said time and when itation of indebtedness as provided in Section 74 of this Charter. a* .er my name. fled shall be deemed one petition. CHAPTER XV. r»'ame. Residence. Street. Number. Should said ordinance be lost It shall be the same as an ordinance sub Road District. * (Here follow twenty numbered lines for signature). mitted to the council and lost by a vote of the council. If the actiou of thu 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 become City of Jacksonville, being that commencing at the southwest corner of tl.e 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 we st. Will?.al 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 s<juth 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 south to the place of beginning, shall be and constitute a road distr ict in the date 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 of said petition shall 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 to 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 Section 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 of 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 III of this Charter, order a special election for t.he purpose of submitting the 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 or the rules said proposed measure to a vote of the people, and said measure shall be number of legal voters are required on an initiative or referendum petition. and regulations of the council. by said resolution submitted at said election, and which submission shall At any jime when any legal voter desiring to file an initiative or referendum Section 138. All male residents of said road district between the ages be sufficient, if it refer to the ballot title only. Notice of said election shall petition shall demand of the recorder to know the number of legal voters of twenty-one and fifty years, inclusive, except active and exempt firemen and be given as prescribed in Chapter lii of this Charter. tequired to sign said petition, said recorder shall give such voter a certificate cripples who are disabled for manual labor, shall annually, on 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 the treasurer of the city general election, then in that event said petition shall be transmitted 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. be submitted in the manner herein provided at the said general election. icfuse, strictly within the time herein required, to do any act or thing in this 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 colle .t 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 tlie Circuit Court of collection, management and disbursement, but all the proceeds of said tax shell be such as, in the judgment of the council, shall fairly and impartially Jackson County, State of Oregon, to do such act or thing. must be expended for the benefit and improvement of roads, streets and cr.nvey the import of the proposed measure. The recorder of Jacksonville CHAPTER XVII. alleys. Miscellaneous. shall number such measures and ballot titles in the most convenient and Section 140. The council shall hive 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 whioh 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, 103, 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 ballot titles and numbers upon the official ballot. our or unsafe condition. Any owner of lots or lands who neglects to and all other things relative and necessary to the improvement and repair of Measures 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 by petition of the people.” Measures proposed by the initiative peti any person injured by such negligence. CHAPTER XVI. tion shall be designated, “Proposed by initiative petition." Charter amend Section 157. The City of Jacksonville shall not in any event be liable Initiative and Referendum. ments submitted by the city council without initiative petitions shall be des In damages to any person for any injury caused by any defect or dangerous Section 141. Proposed amendments to the charter of the City of Jack ignated “Charter amendments submitted to the voters by the city council.” place, at, upon, or in any sidewalk, crosswalk, street, alley, bridge, culvert, sonville may be submitted to the legal voters of said city by ordinance passed Section 148. The city recorder, upon 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 shall embody or have attached i tnitting any measure or measures proposed by initiative petition shall publish missioner shall have had actual notice of such defect or dangerous place, thereto and made a part thereof, the complute text of the proposed amend a copy of said measure or measures in two successive issues of a newspaper and a reasonable time thereafter in which to repair or remove such defect ments in such sections and subdivisions a3 the council shall deem necessary 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 various amendments proposed. Such ordi ing the 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 which the legal voters of said city shall 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 amendments. And said ordinance shall also prescr ibe 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 upon the 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. ment of the council, shall fairly and impartially convey the import of the manner. Section 158. No compensation whatever shall be paid the mayor or any proposed amendment; provided, that if at the time of the passage of said Section 149. Ordinances and resolutions of the City of Jacksonville in of the councilmen for services performed by them as such ofttcers. Tha ordina-nce it is 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 in that event said proposed ante* dment shall be submitted by said ordi th.ough the initiative petition as, follows: Not less than ten per cent of the officers shall each receive compensation for their services in an amount nance at said general election, but if it be more 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. succeeding general election then in that event t.he city council may designate upon by the legal voters by an initiative petition signed by at least ten Section 159. Whenever under the provisions of this charter publication 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 tequired 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 ther. that the day fixed for said special election shall be not less than twenty same manner as is provided in Section 150. foreman of said newspaper, with the city recorder. Said affidavit shall have 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 cr 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 giv'e 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 complianco 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 as nearly as possible to the it is made. Such proof shall be filed not later than one day after tlie date ments, shall be printed and published in two consecutive issues of a news piocedure in this chapter provided for the amending of the charter by upon which said publication or posting is completed. All proofs of publi paper published in said city within ten days immediately preceding the date initiative petition; provided, however, w.hen 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 cotlWining a reason or reasons for ;taid 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 fhereon, and may provide for the printing said measure shall without other action upon the part of the council become ‘‘PUBLICATION PROOFS” and distribution, either of said arguments or of said proposed amendments, an ordinance or resolution of the City of Jacksonville with full force and Section 160. Whenever the publication of any notice, ordinance, state 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 Section 143. If at said election said or any of said proposed amend to the referendum petition as hereinafter provided. required to be published in a newspaper published In the City of Jacksonville ments shall receive a majority of all of the votes cast for or against the Section 150. When any ordinance shall be passed by the council it shall and there be no such newspaper, then in that event posting of th same 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 ia 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 emitted by reason of the fact that there is no newspaper being published in proclamation, which shall be Epread 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. amendments were carried or lost (as the case may be), designating those Section 161. Whenever under any of the provisions or powers of this operation of said ordinance subject to a vote thereon by the legal voters that were carried or were lost, and proclaiming that from and after said of said city, provided, however, any ordinance, resolution, regulation or other charter a lien is created or levy made upon or sale made of real property 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 tltne 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 the following form, to-wit: body in a separate section the reason why it is necessary that it should become XLV11I of LORD'S OREGON LAWS, the City council shall by ordinance or Proclamation of the Mayor of the City of Jacksonville on Amtmdments to immediately operative and which ordinance, resolution .regulation or other resolution prescribe the form of notiee of such lien, levy or sale, and which the Charter Submitted by Ordinance No. --------- . measure, shall be approved by the affirmative vote of 4-5 of all the members notice shall be made and prepared by the City Recorded and by him trans 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 mitted to and filed with the County Recorder of Jackson County, State of sonville, I do proclaim that amendments No. ------ proposed by Ordinance fhall be subject to but not suspended by the filing of a referendum thereon. Oregon and said County Recorder shall thereupon enter a memorial thereof 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 referendum upon the proper folium of the register of titles. or failed to receive a majority of all of the votes cast for or against the to the voters on any ordinance passed by the council. Section 162. Upon the adoption of the charter the city council shall cause same (as the case may be). That from and after this date, amendments all ordinances of the Town or City of Jacksonville to be fully revised and WARNING No. ------ are a part of the charter of the Citj of Jacksonville, and the same It is felony for any one to sign any initiative or Referendqm petition with such ordinances and matters that are not of force or effect shall be expunged by Is amended to that effect. any other name than his own, or to knowingly sign hi« name more than repealing the same and thereupon stick ordinances as are and should remain Dated at Jacksonville, Oregon, this.............. .day of..................................... 19... once for the same measure, or to sign such petition when he is not a legal Ir force shall be made effective in proper nmnher and published in pamphlet voter. Mayor. REFERENDUM PETITION. Said proclamation within ten days after the same Is issued by the mayor To the Honorable ................................................................. shall be published in one issue of a newspaper published in the city of Recorder of the City of Jacksonville, Jacksonvlle. Jackson County, Oregon: Section 144. If any amendments to said city charter shall receive a We, the undersigned, legal voters of the City of Jacksonville, Jackson majority of the votes cast thereon, and the mayor shall at the first regular County. Oregon, respectfully demand that Ordinance No.......................................... meeting of the council or at a special meeting called or held for that pur entitled (title of ordinance on which the referendum is sought, passed by the pose, refuse or neglect to issue said proclamation, then such far ts shall be City Council of the City of Jacksonville at Its meeting on the ............................. entered upon the record by the recorder and said recorder, in his name as day of ..................................... 19.. . .shall be submitted to the legal voters of such officer, shall issue a like proclamation as that prescribed in soction the City of Jacksonville for their approval or rejection at an election 143 of this Chapter, with the additional notice and statement that the mayor to be called and held in accordance with the provisions of Chapter.......... of has neglected and refused to issue said proclamation as prescribed in said the City Charter, and each for himself says: I have personally signed this section 143, and said proclamation shall be spread upon 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 issued, in one issue Oregon, and my residence and street number are-correctly written after my of a newspaper published in the City of Jacksonville. name. And from and after the date of the Issuarce of either of the aforesaid NAME RESIDENCE STREET NUMBER proclamations the amendment or amendments so carried shall be a part of said charter and the charter shall be deemed amended to conform thereto. (Here follow twenty numbered lines for signature«). Within five days after any such amendments shall become effective, the Section 151. Each and every sheet of every petition for either the Initia recorder shall note the fact upon the record and shall copy into the record tive cr referendum ‘nfning signature« «hall be verified on the back thereof in the amendments so carried. Thereafter the same shall be printed With the subsiantia'lv the fo’ - form by the person who circula'ed such sheet charter as a part thereof whenever the printing pf said charter shall be of said pe' ' :: by . ,„_av:t thereon as follow«; Mthortaed. STATE OF OREGON, y T form. Section 163. All acts and parts of acts enacted by the legislative Assembly or by vote of the people of Jacksonville be and the same hereby are repealed. BE IT FURTHER RESOLVED that the 21st day of June, 1911, between the legal voting hours of said day. is hereby designated as tlie tltne for holding said special «lection, and the City Hall is hereby designated and appointed as the polling place for raid election, and the following are designated and appointed a« the Chairman, Judges and Clerks of said election, to-wit: J. Hartman, chairman, W. C. Kitto and F. Kasshafer, judges, and S. P. De Roboam and J. B. Wetterer. clerks; and the Recorder is hereby instructed and directed to give notico of said election for the time and In the manner required by law. Passed by the City Council this the 19th day of May, 1911. by the following vote: Yeas: Britt, Dunford, Fick, Grieve (4). Nays: None (0). Submitted to the Mayor May 19th, 1911. Approved by the Mayor May 19th, 1911. T. T. SHAW, Mayor of the City of Jacksonville Attest: HENRY G. DOX, j Recorder of the City of Jacksonville.
