Central Point herald. (Central Point, Or.) 1906-1917, January 16, 1908, Image 4

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    CENTRAL POINT HERALD. THURSDAY, J A N U A R Y 16, 1903.
Dr. E . Davis, Dentist
+
CLASSIFIED A D V ER TIS EM EN TS
S**«-1ion 1. T V town
J L r .n d h . v , t V authority when
C* ntral Point
°"
y.
FOR SALE.
I r it deems it expedient. to improve ¿In* public ground» within t I k * town, t » » ^ * °
’ ateh.
tHblixh and ope* Ktrn-t« ¡tad a lle y » therein, in addition to tin**.* now laid j From Monday morning, January 1.1,
FOR S A I.E A T A B A R G A IN -F o u r iroud hor««s
j out, si ml establish tin* grade o f tin* streets, alleys and sidewalks; also the power 1908, to Saturday evening, Jan. 18th.
with trtxxi hamxMs and wagon. Apply at thi«
From Monday morning, February 10,
j and authority to varule and improve streets, alleys and public places that may
oflic«.
S4tf
j now be or may be hereafter established within the limits o f said town; and to Saturday evening, February 15.
W A T C H £ £ A N D J E W E L R Y P in «-t line ev«*r
W atch fo r fu rth er announcements o f
I power and authority to improve streets include the power and authority to
opened in Central Point. A t Central Point
1 grade, construct, pave, repair uad keep in repair sidewalks, streets, alleys and later dates in these columns.
37tf
Pharmacy.
9tf
I gutters; but no streejt or alley, or any part of any street or alley, shall be
vacated oxci pt upon the written request of the owner or owners o f two thirds
M ISCELLANEOUS.
I o f the frontage on sutii street or alley, and not then except upou ton day«
j notice, aud by ordinance approved by at least two-thirds o f the town council men.;
A S H L A N D 1CE--Made from purest mountaii
A lte r January 1, 1908,
I water, for «ale ut Moore’a confectionery. 4tf
j three-fifths vote o f all the councilmen, to cause to be graded, paved, repaved
and
until
further
notice.
j or macadamized any street, alley or any portion thereof within the town, or
I will only be in my place
R EAL ESTATE.
- A R E THE BEST ON E A R T H .-
any gutter along any street or alley, and cause to be built, rebuilt or repaired j
o f business during the
any sidewalks along any street or alley, each and all to be done in such a manner i
afternoon o f each day,
When you buy either o f them you know you
and within such time as the council may direct and levy, and collect the expense
T H E C E N T R A L P O IN T R E A L E8TAJLE CO.
other matters, for a time
is interested in the future? «growth o f Central
Section 2. The common council is hereby authorized, in its discretion, by a
have the very best on the market.
Point. W uw ant to aee the old town g ro w , as
claiming my attention in
and cost o f the same, or n*udi part thereof as the council may deem just, by
well as the entire Roigue River valley. Come in
the forenoon. I will still,
special benefit assessments upon the real estate abutting on such improvement
and list your property with us. W e will explain
on the same side o f the street, but the grading, paving and improving o f the
however, give careful at­
why it is to your advantage to do so. when you
street crossings shall be paid by the town from tho street funds; Provided, that
tention to repair work on
come to our office. ‘ I t you have property to sell,
ten d ays’ notice o f a hearing by the council on any proposed change o f the
we have parties who want to buy. Iflyou want
watches and jewelry and
grad** of any street, the paving or repaving or macadamizing o f any street or
to buy. we have parties wh<£ want to sell. Do
all other branches o f my
Sells them. He also handles all kinds o f Hardware.
you see the. point?—Central Point Real Estate
alley as herein authorized, shall be given by advertisement in a newspaper pub­
business. Respectfully,
Company, C. S. Sanderson. Manager.
36tf
lished in the town or by posting written or printed notice thereof on a bulletin
board to be provided by the council in three public places o f the town, and no
Better buy your Stoves early and be ready for
land or lot-holder shall be compelled to grade, construct or improve any street,
sidewalk* or public way, or pay therefor, if a remonstrance against the pro­
the damp, chilly season.
posed improvement signed by the owners of two-thirds o f the frontage along
the excess o f the ju r y ’s ssossmon-ts over the view ers ’ assessment, nnd in no case
the street to be graded, constructed or improved, be filed with the recorder
shall such costs exceed fo rty dollars.
within ten days afte r notice is first given o f the proposed improvement; P ro­
Section 7. The council may, upon it own discretion, m odify the report o f
vided, further, that if a petition, signed by the owners o f two-thirds o f tho
the viewers as to the report o f damages and b en efit» when appealed to by any
frontage on any street or portion o f a street, be filed with the recorder, asking
person aggrieved, when the same .will promote justice aud avoid litigation, and
for the improvement o f such street, or portion o f street, the ten d a ys ’ notice of
when so modified there shall be no right o f appeal.
such improvement need not be given ; Provided, further, that i f any street or
Section 8. A ll other proceedings for the condemnation o f land either within
portion thereof has been graded or sidewalk constructed thereon and accepted
or without the town for town purposes shall be governed by the same rules and
by the council, tho same may be repaired and kept clean and free from obstruc­
proceedings as heretofore set forth in this article.
tions, without the ten d a y s ’ notice provided for, and at the expense o f the laud
A R T IC L E X V II.
or lot-holder whose land or lots shall be liable fo r all costs and expenses therefor
Town Liens.
| from the entry o f the same in the lien docket o f said town; Provided, further,
Section 1. The Town o f Central Poin t »hall have a lien upon all lots and
that in cases where the grade o f a street has once been established, and any
parts o f lots and premises fo r any assessment made against the same for street
person on the faith o f such grade has erected any building or structure or
or sidewalk improvements made upon streets or sidewalks upon which said lots
graded any lot to conform therewith, the grade o f such streets shall not be
or parts o f lots or promises abutt, from the time o f the commencement o f the
changed so as to injuriously a ffe c t such person, without just compensation
work upon such streets or sidewalks.
being made to such person.
Lien Docket.
Section 3. I f the owner o f any lot or parcel o f land shall fa il or neglect
Section 2. The Town o f Central Point shall keep a book, to be known as
within such time as the council shall designate to grade or repair or improve
Repair work o f all kinds. Wood Turning and Scroll
the “ Town Lien Docket,” in which sliall be entered all liens assessed against
any street or alley as, and in the manned provided by the council, or shall fail
Work. Horseshoing and Wagonwork. Cast Iron Braizing.
lots or parts o f lots or premises within said town for any street, sidewalk, sewer
or neglect to keep any sidewalk, street or alley which it is his duty to repair
or other public improvement; and shall prescribe by ordinance the form o f such
in a safe, cleanly and proper condition, or shall fa il to properly clean side
docket and the manner in which the same shall be kept; and shall eause all
ditches and gutters and remove any and all obstructions, unsightly and unhealth*
liens o f the town against any lo t or portion o f lot or premises, for any assess­
(Continued from third p a ge .)
ful material from the street next such lot or parcel o f land, the same or any part
ment assessed against the lot or portion o f lot or premises In said town for
of
the
same
may
be
done
by
the
town
and
the
cost
o
f
the
same,
or
so
much
thereof
and opportunity for a bearing by the council. In case the o ffic e is declared
street, sidewalk, «ew er or other public improvements, to be entered in such
as
the
council
shall
deem
just,
shall
bo,
when
assessed
by
the
council,
a
special
vacant the council may fill such vacancy in the same manner as vacancies in the
docket; and shall cause the same to be suitably indexed, which index shall show
assessment lien against such lot or parcel o f laud, and payable at once, and if
o ffic e o f couucilinen are filled.
the name o f the owners o f any lot or portion o f lot. or premise« against which
not paid within ten days after notice, a ten per cent penalty on the amount of
A R T IC L E X.
an assessment is made, the number o f the lien and the page on which Baid lien
.Section 1. The town marshal shall be the conservator o f the peace within such assessment shall be added to the assessment. The town council «hall once is entered on such lien docket.
the limits o f the Town o f Central Point, and in addition to the authority vested each year at the time o f the levyin g o f the town taxes, assess and le vy upon
A R T IC L E X V I I I .
in him by the common council, he shall have the authority and jurisdiction o f each o f the lots aud parcels o f land liable for special assessment, and against
Bonding A c t to Apply.
the
owners
thereof,
all
special
assessments
which
the
council
may
have
deter­
a Constable, and shall qualify and discharge the duties o f Constable in the same
Section 1. The act o f the Legisla tive Assembly o f the State o f Oregon, en­
manner and to the same e ffe c t as required o f Constables under the statutes of mined against any tract or tracts o f land, and which assessment may have titled, “ An A ct to provide fo r the issuance o f bonds for the improvement o f
remained
unpaid
for
ten
days
a
fte
r
notice
so
to
do,
and
prior
to
such
annual
this state. H e shall execute all processes directed to him by the recorder or any
streets and the laying o f sewers in incorporated towns and for the payment o?
legal authority, and he shall arrest any and all persons gu ilty o f any breach o f assessment and such special assessment shall be certified to the county clerk the costs o f such improvements and the laying o f sewers by in sta llm e n t.” filed
by
the
recorder,
together
with
the
general
assessments,
and
tho
county
clerk
the peace committed in his presence and take them before the recorder or some
in tho o ffic e o f the Secretary o f State, February 22, 1893, and >
.o n jirw j
justice o f the peace for trial, and in case the council shall establish a police farce shall enter the same aud the same shall be collected and enforced the same as shall apply and bo in force in the Town o f Central Point, h- r« l / \ucc-per-i?edf
other town taxes.
fo r the town, he shall, by virtue o f his o ffice, be chief o f such force.
without lim itation as to the population o f said town i ad irr-.-,
liv e oi the size
A R T K L E X V I.
Section 2. The Town Marshal shall attend all meetings of the common coun­
o f the population which such town may have at any tin» w.i* i* it is the desire,
Section 1. Whenever tlie common council of the Town o f Central Point shall
cil and ptTform the duties o f sergeant at arms of that body, watch over, care
in the judgment o f the common council, to apply such act.
fo r and preserve all city property and tin; good morals o f the town. And it shall deem it expedient to lay out, widen or extend any street or alley, it shall cause
W henever any property owned by the Town o f Central Point, and liable for
bo his duty, and the duty o f any and all policemen, to see that all the laws and the same to be surveyed, and th boundaries thereof marked aud a plat thereof assessment on account o f any street or sewer improvement, is assessed therefor,
ordinances o f the town are enforced, to file complaint with the recorder against filed in the o ffic e o f the recorder; which plat shall show the lots and parcels tho council is authorized, by ordinance, to make application under tho bonding
any person violatin g any o f the provisions of this Charter, or the laws or ordi­ o f land affected, and the owners thereof, so fa r as known; and if such plat is act referred to in Section 1 o f this article, and to take advantage o f said act as
nances o f the town; and a failure or neglect to faith fu lly perform any or all adopted the council shall, within thirty day« thereafter, appoint three disinter­ fu lly as may any owner o f property liable fo r such assessment.
ested freeholders o f the town, no kin to any owner or person interested in any
o f such duties shall be cause fo r removal from o ffic e by the town council.
A R T IC L E X IX .
property to be appropriated, and possessing the qualifications o f jurors of the
A R T IC L E X I.
Franchises.
circuit
court
o
f
Jackson
County,
to
v
iew
such
proposed
street,
and
make
an
Section 1. The Treasurer shall receive and safely keep all moneys that come
Section 1. No exclusive franchise or privilege and no special privilege shall
into his hands belonging to the Town o f Central Point, and pay the same out assessment o f the damages and benefits, and shall appoint a day and place for be granted fo r any purpose.
on tho order o f the mayor and recorder, but not otherwise. He shall cancel such viewers to meet and cause notice thereof to be given by publication in
Section 2. No application fo r a franchise shall be considered by the council
forthwith all orders when paid, ami shall keep a correct account o f any and all some newspaper published in the town or by posting such notice on a bulletin unless the application shall be accompanied with the sum o f $100, which sum
receipts and disbursements, and at all times keep his account books open to board in at least three public places in the town. The notice published shall shall be returned to the applicant in the event that the common council shall
the inspection o f the council, and at the expiration o f his term o f o ffic e he contain the names o f the viewers and the time and place appointed fo r them determine that neither the public necessity nor the public interest require» the
shall turn over to his Successor any and all moneys, books and papers pertaining to meet; and the names o f the owner« o f the lots or parcels o f land affected granting o f the franchise. I f , however, the council shall determine that the
by such improvement, when the names o f the owners are known.
to his said office.
public necessity or the public interest requires that the question o f granting a
Section 2. The recorder of the town shall immediately, and at least f iv e days franchise shall be submitted to a vote o f the people, then the said sum o f $100
Section 2. Ho shall, upon receipt o f any sum or sums o f money, credit the
before
the
time
assigned
for
such
meeting,
cause
such
viewers
to
be
notified
amount received to the proper fund or funds, and shall not under any circum­
shall be retained by the town in fu ll for all costs o f advertising and other
o f thir appointment and o f the time and place o f such meeting, and such expenses connected with the election to be held on the question o f granting such
stances apply any special fund to other purposes.
Section 3. He shall receive all tin» moneys due to the town from the county view ers shall meet at the time and place designated and take an oath faith fu lly franchise.
treasurer, and all other moneys offered him for the town, and shall render quar­ to discharge the duties assigned them; and shall then, or on any other day to
A R T IC L E X X .
terly statements o f receipts and expenditures, or whenever the town council shall which they may adjourn, not exceeding one week, proceed to v iew the proposed
Section 1. The territory within the limits o f the Town o f Central Point,
deem it expedient aud shall perform such other duties as may be imposed upon street or alley and to assess and determine the amount o f the benefits and as now existing or as may be hereafter extended, is hereby excepted out of the
damages by reason o f the widening or exteusion o f any street or alley, to any jurisdiction o f the County Court o f Jackson County fo r licensing purposes and
him by the council.
lands, tenements, liereditiments or premises, or any part thereof, through or over the town council shall have fu ll and exclusive jurisdiction over the same. The
ARTICLE XIL
Section 1. It shall be the duty o f the council immediately a fte r the receipt which, or any part of which, such street or alley is to be laid out, established or inhabitants o f the town shall be exempt from the payment o f road taxes and
o f the certificate o f the county clerk o f the county court o f Jackson County, widened, and when the benefits exceed the damages, to make assessments for assessment o f the property within the town fo r road work, except bu A taxes
Oregon, showing the aggregate valuation o f the assessable property in said the d ifferen c; and where the damages exceed the benefits, to make an award as may be levied and assessed by the town council, and all such taxes shall be
Town o f Central Point, to meet, ami by ordinance annually levy such taxes and o f damages as to such difference, and i f several parties have d ifferen t estates placed in a separate fund and used for street purposes within the lim its o f the
assessments as are permitted in this charter against the taxable property o f or interests in any lot or part thereof, or any improvement thereon, they shall town, and not otherwise.
the Town o f Central Point, and such special assessments and penalties as may determine the damages and benefits, which each of such persons will respect­
A R T IC L E X X I.
be due and unpaid, and cause the same to be certified to the county court, as iv e ly sustain according to the rule« o f law in suits o f partition, and award Saloons— Violation o f Llqnor Ordinances to Be Prosecuted in Recorder's Court.
damages and assess benefits accordingly; and shall assess to any interested
provided in Section 2 o f this article.
Section 1. A n y place in which the sale o f intoxicating liquor is permitted
►Section 2. The council shall, immediately afte r such levy, n o tify the clerk parties the benefits of such street or alley to other properties not required for to be sold under license within the Town o f Central Point, Oregon, shall be
o f tho county court, under the certificate of the recorder, o f the rate per cent the purpose o f opening, laying out, establishing or widening any such street or deemed, considered and denominated a saloon. A ll prosecutions fo r violation of
o f the tax levy made by the council, and all delinquent special benefit assess alley, and which the said viewers consider to be benefted by such street or any saloon license or o f any ordinance regulating licensed saloons in the Town
inents and the penalties thereon, and it shall be the duty o f such clerk to com­ alley; and shall report such assessments and awards at the next session o f the o f Central Point, and all prosecutions for violation o f any law or ordinance o f
pute the taxes and extend the same by entering the aggregate tax in the council, and i f approved by the council such assessments shall be liens on the said town prohibiting the sale o f intoxicating liquors within the corporate lim it«
appropriate columns o f the tax roll, and such taxes, special assessments and repective lots and properties assessed, and shall be collectable in the same manner thereof, without license thereof, shall be tried before the recorder o f said Town
penalties shall be collected by the same o fficer, in the same manner and at the and under the same penalties as other special assessments; and a fte r the expira­ o f Central Point, and without the intervention o f a jury, and the judgment and
same time as taxes for county purposes are collected, and the same shall be tion o f the tim e for appeal the award shall be paid by the towrn, provided no determination o f the recorder shall be conclusive and final, subject only to writ
paid over by the county treasurer to the town treasurer, as provided by law appeal is takeu, and the council may proceed to widen or open such street or alley. o f review o f the appellate court having jurisdiction.
fo r the paying over o f town taxes.
Section 3. The council may reject o f their owu motion the report o f any
Section 2. In such prosecution, by indictment or otherwise, fo r violation o f
board o f viewers and vacate their assessments and may appoint and order other any ordinance prohibiting the sale and disposal o f intoxicating liquors within
A R T IC L E X U I.
Section 1. The enacting clause o f all ordinances shall be: “ The people of viewers to act.
tho Town o f Central Point, Oregon, without license therefor, it shall not be
Section 4. The recorder shall give notice by publication in a newspaper necessary to state the kind o f intoxicating liquor sold, nor to describe the place
tho Town o f Central Point do ordain as fo llo w s :", and no ordinance shall be
passed or bill audited ami allowed except at a regular or an adjourned regular published in the town or by posting written or printed notices on the town where sold, provided the sale or disposal shall be within the town limits, nor
meeting o f the common council.
bulletin board iu at least three places, o f the filin g o f tho report o f the viewers show the knowledge o f the principal, to convict fo r the act o f the agent or
Section 2. A ll existing ordinances in force when this act takes e ffe c t and and that the same is subject to inspection at his o ffices by any persons inter- j servant; and in all cases the person to whom the intoxicating liquors shall be
not inconsistent herewith shall be and remain in full force after this A ct takes ested, ami any person aggrieved by any special assessment o f the benefits or sold, in violation o f such ordinance, shall be a competent witness. The issuance
e ffe c t, and thereafter until repealed by the council. A ll actions and proceed­ damages, reported by such viewers, may within tw enty days afte r the filin g o f a license or internal revenue special tax stamp by the federal government to
ings pending and all unfinished business whatsoever when this A c t takes e ffec t o f the report apply for a hearing and appraisement by the council, and thereupon any person for the sale o f intoxicating liquors, or the certificate o f the collector
•hull thereafter be proceeded with according to the provisions o f this Act, or o f the council shall view such proposed street or alley aud make assessments o f o f internal revenue that such license or tax stamp, valid at the time being,
any town ordinance applicable thereto ami continue in force bv this Act. No damages and benefits in the same manner as required o f a board o f viewers, and has been issued to any person, shall be “ prima fa c ie ” evidence that such
•uit, action or proceeding now pending in any court shall abate by virtue o f at least two-thirds of the councilmen sliall agree thereon; and when agreed shall person is selling, exchanging or givin g aw ay intoxicating liqaors.
this Act, and all persons in o ffic e shall continue to receive such compensation file their report with the recorder, and such report shall be ratified in council
A R T IC L E X X II.
fo r their services during the balance o f their term as appertain to the o ffic e and be treated in the same manner as the report o f the viewers after adoption
Section 1. Tho compensation o f viewers and judges and clicks o f election and
•t the time they were respectively elected or appointed thereto; anti all rights aud after ratification by the council; Provided, that notice o f at least fiv e days all agents and employes o f the town shall be fixed and allowed by the council.
vostod or liabilities incurred when this Act takes effec t shall not thereby be shall be given by the recorder by publication o f the meeting, when the council
Section 2. The act o f the L egislative Assembly o f the State o f Oregon,
lost, impaired or destroyed.
will meet nnd ra tify said report. The report, when ratified, shall be conclusive, entitled, “ An Act to incorporate the Town o f Central Point, Jackson County,
and uo appeal shall lie therefrom.
Or, such aggrieved persons may, State o f Oregon,” filed in the o ffic e o f the Secretary o f State, February 25,
ARTICLE XIV.
Section 1. I t is hereby made the duty o f all owners of land adjoining any within twenty days o f the date o f adoption o f the report o f the 1889, is hereby repealed.
streot to construct, reconstruct and maintain, in good repair, such sidewalks viewers, appeal to the circuit court o f Jackson County, Oregou; and any number
O F F IC E OF T H E RECORDER.
•long ths sides o f the streets next the land o f such owner as may have been o f persons interested may joiu in such appeal, but the only question to be
Central Point, Or., December 26, 1967.
heretofore constructed, or shall hereafter be constructed or directed by the determined by such appeal shall be the question o f damages and benefits.
This Petition and the accompanying Proposed Amendments to the Town
Council to be built, and o f material and in manner as prescribed by the council,
Section 5. Such appeal shall be taken by serving a notice o f appeal upon Charter was filed with the Recorder o f Central Point on this date, and I find
nnd to keep such sidewalks and adjacent streets aud alleys in a safe and passble the recorder and executing an undertaking in fa v o r o f the Town o f Central that said petition has been duly signed by more than tw enty per cent o f all the
condition, a id to remove, or cause to bo removed, all obstructions from such Point with two or more sureties, who shall ju s tify in the same manner as bail )e ^A\ voters votin g at the last preceding town election fo r the o ffic e a t
sidewalks, streets and alleys, or to give tim ely notice to the street eommis- upon arrest, conditioned that the appellant or appellants will pay all eosts and Recorder o f said town.
A. P . G IL L E T T
tionor or the street committee o f said council o f such obstruction« or defects; disbursements against them, or any o f them, on such appeal, not exceeding
Recorder o f Central Point,
•nd in case o f fa.biro so to do, the owner or owners o f such abutting lot shall three hundred dollars, which undertaking, together with proof o f service of g a l 3 O R D IN A N C E
etaoin shrdlu cm fw yp vbgk qi ijj
file d
~~~ • ►
V. a a I m V
. \ / a a i . l « i i V i m i f « u m i v I 1
*
1 **
be equally liable for any damage caused by each obstructions and defects with such notice on the recorder, shall be filed
with ►
the
clerk o
f said circuit court
the said Town o f i'entral P oin t; said liab ility o f such individual« to be mess within twenty days from the adoption o f the report o f the viewers.
•red \\y their own participation in creating such obstruction or defect, or by
Section 6. Such appeal shall be heard, tried aud determined the same as
their negligence in failin g to report or remove the same. That, in all actions appeals in county road cases, and if the appellants, or any o f them, fail to
against tho said Town <>f Central Point for damages sustained by reason o f recover greater damages and to secure a more favorable assessment o f benefits,
d efective streets or sidewalks, or other defect* o f any other properties o f the as the case may be. than were assessed b y the viewers and adopted by the coun
town, the rules and laws o f the state and the adjudication* in aueh matters, not cil, judgment shall be rendered against them and their sureties in the appeal |
Inconsistent with the laws o f the tltate o f Oregon, shall govern, *nd where con- bond for their proportion o f the costs .if such appeal, to be paid pro rata, accord
tn butory negligence is shown in any action by any person or persons claiming mg to the amount o f damages so assessed, and the same fees and costs shall
|o have been ao damaged, such faet shall be taken into consideration as in be taxed and paid upon such appeals as arc allowed in other actions; Provided
#hhor actions for damages generally.
that costs w ill not be recovered against said tow s inr a greater amount tha-a •
Moore’s
Steel
Ranges.
Leever,
TAKE NOTICE!!
The Hardwareman,
1’.,THICKEN.
F. A . H A W K
General Blacksmithing
Central Point, Oregon
Job Printing Neatly Done