Central Point herald., January 23, 1908, Image 4

CENTRAL POINT HERALD, THURSDAY, JAN U AR Y 2fî, 1903.
I- l- I-H - I 'l- l- l- l- I- l- i-l- H - l- H - H - i - I- l- I-h ■l-FI-H -l- M- l- H - H -fr-H - M- M - I- h
The Price of Peace.
GL4SSIIIED ADVERTISEMENTS
ARTICLE XV.
The terrible itching and smarting,
Section 1. The town council shall have power and have the authority when­
FOR SALE.
incident to certain skin diseases, is al­
ever it deems it expedient to improve the publie grounds within the town, to i
laid
tnost
instantly
allayed
by
applying
establish and open streets and alleys therein, iu addition to those now
FOR SALE AT A BARGAIN -Four good horses
out, and establish the grade o f the streets, alleys and sidewalks; also the power Chamberlain's Salve. Price, 25 cents.
with ifood harness and wagon. Apply at this
and authority to vacate and improve streets, alleys and public places that may For sale by Mary A. Mee.
34tf
now be or may be hereafter established within the limits o f said town; and
WATCHES AND JEW ELRY-Finest line over
opened in Central Point. A t Central Point
power and authority to improve streets include the power and authority to
Pharmacy.
9tf
grade, construct, pave, repair and keep in repair sidewalks, streets, alleys and
gutters; but no street or alley, or any part of any street or alley, shall be
M ISCELLANEOUS.
vacated except upon the written request of the owner or owners o f two-thirds
o f the frontage on such street or alley, and not then except upon ten days*
After January 1, 1908,
ASHLAND ICE-Made from purest mountair
notice, and by ordinance approved by at least two thirds of the town councilmen.
and until further notice,
water, for sale at Moore’s confectionery. 4tf
three fifths vote o f all the councilmen, to cause to be graded, paved, repaved
I
will
only
be
in
my
place
or macadamized any street, alley or any portion thereof within the town, or
R E A L ESTA TE.
- A R E THE BEST ON EARTH. -
of business during the
any gutter along any street or alley, and cause to be built, rebuilt or repaired
afternoon of each day,
any sidewalks along any street or alley, each and all to be done in such a manner
When you buy either o f .them you know you
other matters, for a time
THE CENTRAL POINT REAL ESTA1E CO.
ami within such time as the council may direct and levy, and collect the expense
ia interested in the future! growth of Central
claiming my attention in
have the very best on the market.
Section 2. The common council is hereby authorited, in its discretion, by a
Point. We want to see the old town grow, as
the forenoon. I will still,
and cost o f tho same, or such part thereof as the council may deem just, by
well as the entire Rogue River valley. Come in
special benefit assessments upon the real estate abutting on such improvement
however, give careful at­
and list your property with us. We will explain
on the same side o f the street, but the grading, paving and improving o f the
tention to repair work on
why it is to your advantage to do so, when you
■street crossings shall be paid by the town from the street funds; Provided, that
come to our office. , If you have property to sell,
watches and jewelry and
we have parties who want to buy. Iflyou want
ten days ’ notice of n hearing by the council on any proposed change of the
all other branches of my
to buy, we have parties who! want to sell. Do
grade of any street, the paving or repaving or macadamizing o f any street or
business. Respectfully,
Sells them. He also handles all kinds of Hardware.
you
see the point?—Central Point Real Estate
alloy as herein authorized, shall be given by advertisement iu a newspaper pub
Company. C. S. Sanderson. Manager.
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lished in the town or by posting written or printed notice thereof on a bulletin
board to bo provided by the council in three public places of 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,
sidewalks 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 of the frontage along
the excess o f the ju r y ’s ssessments over the view ers’ assessment, and iu no case
the street to be graded, constructed or improved, be filed with the recorder
shall such costs exceed forty dollars.
•H-H -w
within ton days after notice is first given of the proposed improvement; Pro­
Section 7. The council may, upon it own discretion, modify the report of
vided, further, that if a petition, signed by the owuers of two-thirds of the
the viewers as to the report o f damages aud benefits when appealed to by any
frontage on any street or portion of a street, be filed with the recorder, asking
person aggrieved, when the same will promote justice and avoid litigation, and
for the improvement o f such street, or portion o f street, the ten days’ notice of
when so modified there shall be no right of appeal.
such improvement need not be given; Provided, further, that if any street or
Section 8. All 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, the same may be repaired and kept clean and free from obstruc­
proceedings as heretofore set forth in this article.
tions, without the ten days’ notice provided for, and at the expense of the land
ARTICLE X V II.
or lot-holder whose land or lots shall be liable for all costs and expenses therefor
Town Liens.
from the entry of the same in the lien docket o f said town; Provided, further,
Section 1. The Town o f Central Point shall have a lien upon all lots and
that in cases where the grade of a street has once been established, and any
parts of lots and premises for any assessment made against the same for street
person on the faith of such grade has erected any building or structure or
or sidewalk improvements made upon streets or sidewalk» upon which said lota
graded any lot to conform therewith, the grade of such streets shall not be
or parts of lots or premises abutt, from the time of the commencement of the
changed so as to injuriously a ffe ct sueh person, without just compensation
work upon such streets or sidewalks.
being made to such person.
Lien Docket.
Section 3. If the owner of any lot or parcel o f land shall fail or neglect
Section 2. The Town o f Central Point shall keep a book, to be known as
Repair work of all kinds. Wood Turning and Scroll
within such time as the council shall designate to grade or repair or improve
the “ Town Lien D ocket,” in which shall be entered all li^ns assessed against
any street or alley as, and in the manned provided by the council, or shall fail
Work. Horseshoing and Wa onwork. Cast Iron Braizing.
lots or parts o f lots or premise s within said town for any street, sidewalk, sower
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 of such
in a safe, cleanly and proper condition, or shall fail to properly clean side
docket and the manner in which the same shall be kept; and shall cause all
ditches aud gutters and remove any and all obstructions, unsightly and unhealtli-
liens of the town against any lot or portion of lot or premises, for any assess­
i Continued from third page.)
ful material from the street next such lot or parcel of land, the same or any part
ment assessed against the lot or portion of lot or premises in said town for
of the same may be done by the town and the cost of the same, or so much thereof
and opportunity for a hearing by the council. Tn case the office is declared
street, sidewalk, sewer ot other public improvements, to be entered in such
as the council shall deem just, shall be, 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 sumo to be suitably indexed, which index shall show
assessment lien against such lot or parcel of land, and payable at once, and if
the name o f the owners o f any lot or portion o f lot or premises against which
o ffice of councilmen are filled.
not paid within ten days after notice, a ton per cent penalty on the amount of
ARTICLE X.
an assessment is made, the number of the lien and the page on which said lieu
such assessment shall be added to the assessment. The town council shall once
Section 3. The town marshal shall be the conservator of tho peace within
is entered on such lien docket.
each year at the time o f the levying of the town taxes, assess and levy upon
the limits o f tho Town of Central Point, and in addition to the authority vested
ARTICLE X V III.
each
of
the
lots
and
parcels
of
land
liable
for
special
assessment,
and
against
iu him by the common council, he shall have the authority and jurisdiction of
Bonding A ct to Apply.
the
owners
thereof,
all
special
assessments
w'hich
the
council
may
have
deter­
a Constable, and shall qualify and discharge the duties of Constable in the same
Section 1. The act of the Legislative Assembly of the State of Oregon, en­
manner and to the same effect as required p f Constables under the statutes of mined against any tract or tracts of laud, aud which assessment may have titled, “ An Act to provide for the issuance of bonds for the improvement of
remained
unpaid
for
ten
days
after
notice
so
to
do,
and
prior
to
such
annual
this state. He 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 of
legal authority, and ho shall arrest any and all persons guilty o f any breach of assessment and such special assessment shall be certified to the county clerk the costs of such improvements and the laying of sewers by installments,” 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 office of the Secretary o f State, February 22, 1893, and its amendments,
justice o f the peace for trial, and in case the council shall establish a police force shall enter the same and the same shall be collected and enforced the same as shall apply and be in force in the Town of Central Point, hereby incorporated,
other
town
taxes.
for the towrn, he shall, by virtue of his office, be chief of such force.
without limitation as to tho population o f said town and irrespective of the size
ARTICLE XVI.
Section 2. The Town Marshal shall attend all meetings of the common coun­
o f the population which su<Jh town may have at any time when it is the desire,
Section
1.
Whenever
the
common
council
of
the
Town
of
Central
Point
shall
cil and perform the duths o f sergeant-at-arms o f that body, watch over, care
in the judgment of the common council, to apply such act.
for and preserve all city property and the good morals of the town. And it shall deem it expedient to lay out, widen or extend any street or alley, it shall cause
Whenever any property owned by the Town of Central Point, and liable for
be his duty, and the duty of any and all policemen, to see that all the law's and the same to be surveyed, and th boundaries thereof marked and a plat thereof assessment on account o f any street or sewer improvement, is assessed therefor,
ordinances of the town are enforced, to file complaint with the recorder against filed iu the office of the recorder; which plat shall show the lots and parcels the council is authorized, by ordinance, to make application under the bonding
any person violating any o f the provisions o f this Charter, or the laws or ordi­ of land affected, and the owners thereof, so far as known; and if such plat is act referred to in Section 1 of this article, and to take advantage o f said act as
nances o f the town; and a failure or neglect to faithfully perform any or all adopted the council shall, within thirty days thereafter, appoint three disinter­ fully as may any owner o f property liable for such assessment.
ested freeholders of the town, no kin to any owner or person interested in any
o f such duties shall be cause for removal from office by the town council.
ARTICLE X IX.
property to be appropriated, and possessing the qualifications o f jurors o f the
Franchises.
ARTICLE XI.
circuit
court
of
.Jackson
County,
to
view
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 of the damages and benefits, and shall appoint a day and place for be granted for any purpose.
on the order of the mayor and recorder, but not otherwise. Ho shall cancel such viewers to meet and cause notice thereof to be given by publication in
Section 2. No application for a franchise shall be considered by the council
forthwith all orders when paid, and shall keep a correct account of 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 of $100, which sum
board
in
at
least
three
public
places
in
the
town.
The
notice
published
shall
receipts and disbursements, and at all times keep his account books open to
shall bo returned to the applicant in the event that the common council shall
tho inspection of tho council, and at the expiration o f his term of office he contain the names of tho viewers aud the time and place appointed for them determine that neither the public necessity nor the public interest requires the
to
meet;
and
the
names
of
the
owners
of
the
lots
or
parcels
of
land
affected
shall turn over to his successor any and all moneys, books and papers pertaining
granting o f the franchise. If, 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 of granting a
Section
2.
The
recorder
of
the
town
shall
immediately,
and
at
least
five
days
Section 2. 11c shall, upon receipt of any sum or sums of money, credit the
franchise shall be submitted to a vote o f the people, then the said sum of $100
amount received to the proper fund or funds, and shall not under any circum­ before the time assigned for such meeting, cause such viewers to be notified shall be retained by the town in full for all costs o f advertising and other
of
thir
appointment
and
of
tho
time
and
place
of
such
meeting,
and
such
stances apply any special fund to other purposes.
expenses connected with the election to be held on the question o f granting such
Section 3. Tie shall receive all the moneys due to the town from tho county viewers shall meet at the time and place designated and take an oath faithfully 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
ARTICLE 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 view the proposed
Section 1. Tfle territory within the limits of the Towu of Central Point,
deem it expedient and shall perform such other duties as may be imposed upon street or alley and to assess and determine' the amount of the benefits and as now existing or as may be hereafter extended, is hereby excepted out of tho
damages by reason of tho widening or extension of any street or alley, to any jurisdiction of the County Court of Jackson County for licensing purposes and
him by tho council.
lands, tenements, heroditiments or premises, or any part thereof, through or over the town council shall have full and exclusive jurisdiction over the same. Tho
ARTICLE XII.
Section 1. It shall be the duty o f the council immediately after the receipt which, or any part of which, such street or alley is to be laid out, established or inhabitants o f tho town shall be exempt from the payment of road taxes aud
o f the certificate of the couuty clerk of the county court of Jackson County, widened, and when the benefits oxceod the damages, to make assessments for assessment o f tho property within the town for road work, except such taxe3
Oregon, showing the aggregate valuation o f the assessable property in said the different'; 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, and by ordinance annually levy such taxes and of damages as to such difference, and if several parties have different estates placed in a separate fund and used for street purposes withiu the limits o f the
nswosHinents as are permitted in this charter against the taxable property of 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
ARTICLE X XI.
be due and unpaid, and cause tin; same to be certified to the county court, as ively sustain according to the rules of law in suits of partition, and award Saloons— Violation of Liquor Ordinances to Be Prosecuted in Recorder’ s Court.
damages
and
assess
benefits
accordingly;
and
shall
assess
to
any
interested
provided in Section 2 of this article.
Section 1. Any place in which the sale of intoxicating liquor is permitted
Section 2. The council shall, immediately after such levy, notify tho 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 bo
o f the county court, under the certificate of the recorder, o f the rate por cent tho purpose of opening, laying out, establishing or widening any such street or deemed, considered and denominated a saloon. All prosecutions for 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
meats 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-of the o f Central Point, and all prosecutions for violation of any law or ordinance of
puto the taxes and extend the same by entering the aggregate tax in the council, and if approved by the council such assessments shall be liens on the said town prohibiting the sale o f intoxicating liquors within the corporate limits
appropriate columns of the tax roll, and such taxes, special assessments and repectivc lots and properties assessed, and shall be collectable in the same manner thereof, without license thereof, shall be tried before the recorder of said Town
penalties shall be collected by tho same officer, in the same manner and at the and under the same penalties as other special assessments; and after 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 time for appeal the award shall be paid by the town, 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 taken, and the council may proceed to widen or open such street or alley. o f review o f the appellate court having jurisdiction.
Section 3. The council may reject of their own motion the report of any
fo r the paying over of town taxes.
Section 2. In such prosecution, by indictment or otherwise, for violation of
board of viewers aud vacate their assessments and may appoint and order other -hny ordinance prohibiting the sale and disposal of intoxicating liquors withiu
ARTICLE X III.
viewers
to
act.
Section 1. The enacting clause o f all ordinances shall be: “ The people of
the Town o f Central Point, Oregon, without license therefor, it shall not bo
Section l. The recorder shall give notice by publication iu a newspaper necessary to state the kind of intoxicating liquor sold, nor to describe the place
♦he Town of Central Point do ordain as follow s:“ , and no ordinance shall be
published
in
the
town
or
by
posting
written
or
printed
notices
on
the
town
passed or bill audited and allowed except at a regular or an adjourned regular
where sold, provided the sale or disposal shall be within the town limits, nor
bulletin board in at least three places, of the filing of the report of the viewers show the knowledge of the principal, to convict for the act of the agent or
meeting of the common council.
and
that
the
same
is
subject
to
inspection
at
his
offices
by
any
persons
inter
Section 2. All existing ordinances in force when this act takes effect and
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 Act takes ested, and any person aggrieved by any special assessment of the benefits or sold, in violation of such ordinance, shall be a competent witness. The issuance
effect, and thereafter until repealed by the council. All actions and proceed damages, reported by such viewers, may within twenty days after the filing o f a license or internal revenue special tax stamp by the federal government to
ings poudtng and all unfinished business whatsoever when this Act takes effect of the report apply for a hearing and appraisement by the council, and thereupon any person for the sale of intoxicating liquors, or the certificate o f tho collector
shall thereafter be proceeded with according to the provisions of this Act, or of the council shall view' such proposed street or alley and make assessments of o f internal revenue that such license or tax stamp, valid at the time being,
any town ordinance applicable thereto and continue in force by this Act. No damages and benefits in the same manner as required o f a board of viewers, and has been issued to any person, shall be “ prinra fa cie ’ ’ evidence that such
suit, action or proceeding now pending in any court shall abate bv virtue of at least two-thirds of the councilmen shall agree thereon; and when-agreed shall person is selling, exchanging or giving away intoxicating liquors.
this Act, and all persons in office shall continue to receive such compensation file their report with the recorder, and such report shall be ratified in council
ARTICLE X XII.
for their services during th. balance of their terra as appertain to the office and be treated iu the same manner as the report of the viewers after adoption
Section 1. The compensation o f viewers and judges aud clerks o f election and
at the time they were l . spootively elected or appointed thereto; and all rights and after ratification by the council; Provided, that notice of at least five days all agents and employes of the town shall be fixed and allowed by the council.
vested or liabilities incurred when this Act takes effect shall not thereby be shall be given by the recorder by publication of the meeting, when the council
Section 2. The act o f the Legislative Assembly of the State of Oregon,
will meet and ratify said report. The report, when ratified, shall be conclusive, entitled, “ An Act to incorporate the Town of Central Point, Jackson County,
lost, impaired or destroyed.
and
no
appeal
shall
lie
therefrom.
Or,
such
aggrieved
persons
may,
ARTfl’LE XIV.
State of Oregon,” filed in the office of the Secretary o f State, February 23,
Section 1. It is hereby Inade the duty of all owners of land adjoining anv within twenty days of the date of adoption o f the report o f the 1889, is hereby repealed.
viewers,
appeal
to
the
circuit
court
of
Jackson
County,
Oregon;
and
any
number
•troot to construct, reconstruct and maintain, in good repair, such sidewalk«
OFFICE OF THE RECORDER.
along the sides of the streets next the land of such owner as may have been | of persons interested may join in such appeal, but the only question to be
Central Point, Or., December 26, 1907.
determined
by
such
appeal
shall
be
the
question
o
f
damages
and
benefits.
heretofore constructed, or shall hereafter be constructed or directed Irv the
This Petition and the accompanying Proposed Amendments to the Town
Section 5. Such appeal shall be taken by serving a notice of appeal upon Charter was filed with the Recorder o f Central Point on this date, and I find
Council to be built, and of material and in manner as prescribed by the council,
and to keep such sidewalks and adjacent streets and alleys in a safe and passble the recorder aud executing au undertaking in favor o f the Town o f Central that said petition has been duly signed by more than twenty per cent o f all tho
Condition, and to remove, or cause to be removed. »11 obstructions from sueh Point with two or more sureties, who shall justify in the same manner as bail legal voters voting at tho last preceding town election for the office of
Sidewalks. streets and alleys, or to give timely notice to the street commit upon arrest, conditioned that the appellant or appellants will pay all costs and Recorder of said town.
A. P. OILLETT,
•loner or the street committee of said council of sueh obstructions or defects; disbursements against them, or any o f them, on sueh appeal, not exceeding
Recorder of Central Point.
and in case of failure so to do, the owner or owners o f such abutting lot shall three hundred dollars, which undertaking, together with proof of service of GAL 6 ORDINANCE
etaoin shrdlu emfwyp vbgkqj jjj
be equally liable for any damage enused by such obstructions and defects with such notice on the recorder, shail be filed with the clerk of said circuit court
the said Town of Central Point; said liability of such individual« to be mess within twenty days from the adoption of the report o f the viewers.
Section 0. Huch appeal shall be heard, tried and determined the same as.
ured bv their own participation ia creating such obstruction or defect, or bv
Dr. E . Davis. Dentist.
their negligence in failing to report or remove the same. That, in all actions appeals in county rond cases, and if the appellants, or any o f them, fail to
Card of Thauks.
against the said Town of (Vntral Point for damages sustained by reason ,.f |
- *'■ > to - .... .
a n*«re f»vorahle M o m e n t o f bom-fit*. wi|, ^ in his Central point office on
»1
ns ft-, ease max be. than were tsst
{ by the viewers and adopted by the conn
, ^ 11
H t -
I
.Ml. iu.Ign..nt «hall bo r m -I. t . .1 against then, and their *n ret,.-, in the appeal
Lom M ond* “ m om in f, February 10.
We desire to extend our sincere
Inconsistent with the laws of the State of Oregon, shall govern, and where con OcTi.i r r their proportion of the costs o f such appeal, to be paid pro rata, accord- to Saturday evening. February 15.
From Monday morning, March 16, to thanks to tho<e who no kindly assisted
tributary negligence is shewn in any action by any person or per'-.iis claiming ii g to the amount of damage* so assessed, and the same fees aud costs shall
us during the recent illness and death
to have been so damaged, such fact shall be taken into consideration as ia 1- * taxed and paid upon sueh appeals as are allowed iu other actions; Provided, Safuaday evening. March 21.
that cost« will not be recovered against said town /o r a greater amount than _ Watch for further announcements of of our son and brother, Isaac
Pther actions for damages generally.
later dates in these columns.
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M bs . M. E. M agruder a . v d F amilv .
Cole’s
Airtight
Heaters.
Leever,
Moore’s
Steel
Ranges.
TAKE NOTICE!!
The Hardwareman,
P. J. HICKEN.
F. A . H A W K
General Blacksmithing
Central Point, Oregon