MTOmrORD MAIL ;TRtBirKIO, OTIWOUP. OHIgqOfl, MONDAY, PTgflSMBER 2,1, 1914,
PAGE NTNU
ks
0 1
piovldoil, IiiiI tlui owner of any mieli parcel of In ml mny at any
(lino bororo iiHnlgiunoiil to a inirotninor or bororo entry of a decree
In any rorooloHiiro null. Instituted by tlio City, but not thereafter,
imy tho past ilnu iitMt ul I tnotttn and Intoicst nml all coiln anil ills
liiirsonionlii, In ciimo tlio City ban Instituted foreclosure proceed
ings, ami thereupon milil niiHcmtmimt iiliull bccomu again payable
In IniilalllnoiitH iih heroin provided,
Hoc. I)H. .Vol It i) or Payment Duo. It iiliull bo tlio duty of tlio
Hoerolury when tlio InntalliniintH nml wlion inturosl on any assess
ment on tlio Lilly Mou 4)ticl(0t a to duo, to mako tlio proper oxton
nloim of Hiirli Inslnlliuoiiln and Interest on Hiild docket and turn
tlio iiiiino over to tlio Trommror of mild city, whoso duty II nhall
bo to notify tlio owner or ownorn of tlio property by tnnll In all
canon whom such owuor or ownorn bavo given their post-office ud.
drossim mi their application fllml In accordance with Hut;, 1)2, but
fiilluro or nticli owner or ownorn to receive such notleo, or of tlio
Trouiiiirer to ftlvo tlio iiniuo In iiroorilnneo herewith hIiuII In no
ow'iit prevent IIki collection of (inch Installment iih heroin pro
vided. Tho Treasurer or tlio City shall Issue mid hIiiiII fllo dupll
onion of nucli rocolptn with tlio Hoerolnry and when tlio Troiisuror
rotiiriui said dooltot Hiild Hocrutnry hIiiiII mnlio tint proper entries
thereon allowing tlio amount or nuoli payuiout and tlio ilnto thereof,
Hoe. Ill), Full Payment.- -At any tlnio after malting such up
lillcntlou iih provldod In Hoe. 2 horeor, any ownor, at tlio limn
being, or any nucli lot or parrel or land or other property against
mIiIoIi an nnnoHHttiniit Ih mado nml lion docketed iim aforesaid, may
pity Into tlio city ttensitry of sitlil City tlio wliolo amount of sold
nssosstuonl ror which mild Hon Ih docketed an aforesaid, togiltlinr
with tlio full amount or Interest and costs nccruod tlmicou to tlio
Into of hiicIi payment, and upon producing to tlio H"crothry or mild
City tlio tocolpt or Hiiib Treasurer thororor (In which receipt shall
bn Htutod not only tlio nnioiint or miicIi payment, but iiIho a doserlp
Hou or tlio lot or parcel or laud or other properly upon which
Mich payment lit mado) mild Hocrotary Khali enter In hiicIi Hon
docket opposite thn entry or the lien therein, tlio fact that Mich
payment wan mado and tlio dato thereof, nml (hat tin lieu thereof
li dlsrliitrgitd,
Hec. 1 00. Sinning I'uml. Kueh series or bonds InmuoiI hero
under shall Iiiivo a Horlal nuiuher and each assessment, the amount
of which (toon to niiiko up tlio nulouut or any bond Issue an above
provided, shall bo marked with such serial niimlient on mild iih.
nomiiuont Hen docket Tlio Treasurer, upon receiving any funds no
(Tiling bereundnr, hIiiiII keep such funilit and the account thoruof
sopntutn according to tlio tierlal number with which tlio nssess
nieut, on which the reHpectlvu paymentii tire made, lit marked an
aforesaid, keeping (bo Interest received, In ono fpnil, and the prin
cipal received In nnollicr, There hhall Hunt bo created a sink Inn
fund ror each series or tiotnln biuued hereunder. Out or mild In
lereitl fund Hhall bo paid thn lulorcHt accruing (rout time to time
on tlio bonds ot nucli worleH tepresnnted by mild fund mid out or
tlio principal fund Mini! bo paid tlio principal or mild bonds, an
the name matures, All IioikIh limned hereunder hIiiiII bo the direct
obligation or tlio City or Medford and transfers shall lie mado
n out tlio general fund of mild City to ntiy hiicIi mIiiKIiik fund lit
any Hum when ll Hhall bo Hereditary to meet all paymcntH payable
out or tuirh fnml and whenever there alinll bn a surplus In mild
winking fund thereafter repayment of any nucli advances may bo
nindo therefrom to the K0tier.il fund on direction or tlio Hoard of
Director.
Sec. KM. Hfllieiiieiit of IIoiiiIn. The Hoard of Dlrectorn
hIihII. from Hum to time, Wsuo notlreri In accorditiiru with Hec. Ufi
hereof (or tlm retirement and cancellation or an many or the bonds
of eneh Herleri iih can be retired with Hie fumls nvallnhlo In the
principal fund or Mich series, the mild boudH to be retired In oruer
or their number. The nald fundn. until kg linen or tnu payment
of tlm principal or Intercut on mild boudH, Hhall bo doponlted In
utich Imiili In nl. I'lty an the Hoard ot uirecior iinu ueHiKiiaiu
ih:-.ssi:.skmi:nt
Hec. HIS. Wlieu Made.- -Whenever Heretofore Hie City Conn'
ell linn eiiinted or the Hoard of Dlrertora may hereafter caimo nny
Improvement to bo made, and tlio ront tnereor to Do jmncmioii
niutlitHt property npcrlnlly benefited thereby In nccordnnco with
the term or thin or any provloiiH Charter or nald City, and mttd
uMOiwiuout, by rcanon or any failure to kvo any requlHtto notice
(i.- by reamiu or any other defect In the proceedlncit leitdlni: tin to
tlio niitkltiK ot hiicIi Improvement or Hiu levyltiK of nucli iihh-
tuent, Hhall he declared to lm void by any court or competent jiirtH
diction, or If the Hoard or Dlrectorn Hhall be or the opinion that
Mild ntoicKHiiient U Illegal pr ilutibtfiil by rennou of any Hitch oiiiIh-
kou or defect, ald Honnl or Dlrectorn tuny caime too cot or mutt
liuptinemeut to bo re-acenHed itKiiliiHt tlio property adjacent to
wld Improvement or benefited thereby, In the following- manner;
Hec. lo:t. I'ii net! it re. -Tito Hoard or Dlrctorn itlntll declartt,
b reiioltitloii, ItH Intention to make nucli ro-nenntuent, which
resolution hIiiiII btlofly demrlbe the Improvement and nhall declare
the Intention or tno Hoard to amieKii the cot thereof upon the
pmperly ad'acent to mild Improvement or benefited thereby, do
Krrlhliu: ulnu earli tiarcel of liroiiertr wblcll ll Intends ho to re-
mrHeHH and tlm amount It propoiieH to nnnenn iiKnlimt enclt parcel.
Hnld reHolutlon ulinll fix tho tlnio and place for holding n meeting
of the Hoard at which all protean agultiHt re-nMieiialiiir tho coatn
of nalil Improvement nKnlimt adjacent property, or property oene
tiled thereby, vtiall lie beard. Huld resolution ahull bo publUhed
ot.co In a ueWHpaper publUhed and or general clrritlatlon In mild
City mid nlinll be pouted lit flvo public placeu In mild City, at leant
ten dnyn before Hie dato or mild meeting.
At mild meeting the Hoard Hhall counlder all prntcMn against
tho levying or nucli aMHcnHiueiit, and If It nltall determine Hint tlto
property named In mild reHolutlon or any thereof ban been es
pecially benefited by mild Improvement It may cauno tho cont of
wild liuprovoment to bo nnseiincd hkiiIiihl nattl property to tlio ex
lutt of tho npoclnl benefit It no received therefrom; provided, how
ever, that no parcel of property nlutll bo no amteiwcd unlenn tho
minm ban been described In tlio notleo of Intention to mako witch
H-iiMensineiit nbovo provided for. and no parcel of property nball
W aiutoHHod ror a greater amount than tho amount deitlgnntcd
therefor In wild notice. In determining tho property to bo an
Housed ami tho amount to bo iihsohhoiI against each pnrcol thereof,
tho provisions of this Charter for making nn original assessment
ahull bo followed by tho Hoard In making hiicIi reassessment.
1'iovlded that no ro-afsuMOiieiit shall be mado on account of auy
improvement, to tho making nnd nsM'sslttg or tho cost of which
tho ownorn of it majority of tho property to be assessod protosted
tit nccordnnco with Hec. SI or this Clmrtor, unless mild Improve
ment uhm nnlnreil liv tho uiiaiilmourt voto of all tho Hoard and
said ro-iiHsessntont shall likewise bo ordered by tho unanimous
volo or tho Hoard. mi xl ,
Hee. ItH, What Slay He l(e-AHcHvMl.- Tho Hoard of Direct
r.rtt Hhall have tho right to assess any parcel or property ror said
Improvement uotwIHiHtittidlug tlm satno may not have been
umtfliiil In the original iiBHoHHinont proceeding, lit citno tho Hoard
or Dlrertors finds said property especially benefited by said Im-
prowuuoiii ami the provisions or tno manor reiititng tneruto otn
orwlso glvos the Hoard of Directors power to so assess nald proper
ty. In making said ro-aaseHsuiunt, tlto Hoard or Directors shall dot
tribute the cost or said Improvement ootweon tho vnrloint parcels
adjiicvnt thereto or benefited thereby In proportion to tho bonofltH
terrlved or the rronlage or tho property on mild Improvement a
tho ease ma) he, assessing no parcel any greater amount Hutu tho
net mil benefit received by It from mild Improvement, but tho
Hoard or DlreetorH shall enter no assessment agnluHt any parcel
of properly which ban been provlntisly assessed and which iihsesn
t.iout Iiiih been paid, or application to pay which lit Installments
ban been mado by the owuor thoreof and boudH IhhuoiI on account
or the same, pursuant to the Charter or mild City or tho genoral
lawn of tho Htate, but tho amount assessed against tho remaining
tracts Hhall not bo Increased by reason of mild oiiiIshIou. Tho as
sessment against each parcel no assessed Hhall bo marked "can
lolled by re-itssessineitl" on the City Lion Docket.
Hald ro-nHSOHHiitont tthnll bo declared by ordinance and entered
In tho City Men Docket and collected In tho hiuiio tuaiiner as the
original assessment. Tho ternt, Improvement, iih uned nbovo shall
Include street Improvements, witter mains and sowers.
Hoe. Kin. Hrlmnt I'roperly. Tho right given In this Charter
to lovy any special benefit assessment against real estate In said
City on any account, shall In every Instance extend and apply to
tiny real estate lit mild City owned or occupied or used by any
nchpol district of tho Htate or Oregon or by tho City of Modrord,
iii.il said Hchool district or said City shall In every Instance bo hold
to enjoy all the rights to apply for nml to make payment lit In
HtnllniontH on any such assessment, conferred by this Charter or
by auy law of tho Statu of Oregon.
Hoe. 100. HiiKlncer'H Heport. Whenovor tho Hoard or Dlroc
torH shall deem It expedient to opi'n, lay out and establish a now
tit. out or to change an existing streot by widening, altering or
extending tho hiuuo, It shall by resolution direct the Hnglnoor o
niiiko u aiirvoy and pint or tho nnnio and it written report contain
ing it contploto description or such Htteot or chango and or th
l.-JUtidarles tliorejpf and of tho portions of each lot and tract of
laild to ho appropriated therefor. The Kngltieor shull mako stiolt
i.urvoy, report and plat and file tho santo with tlto SocretiUT. as
coon after tho passage or said resolution na la practicable. Hald
icport shall bo (teemed to luiyo been accepted by tho Hoard of
niruetora imlwiH tho Hoard Hhall by resolution reject tho satno
and order the Knglneor to iiiuko a rosurvoy or amended pint and
report.
Hn tn7. VlimeiH. Aa soon us mny bo aftor the Kngneor has
filed nucli Btirvey, plat and report In form Hittlsrnctory U) Hm
lloard of Directors, It shall appoint three dlH-lntorested cltltens of
teld City (o view nuo.lt piotiowi' ".trool or chango.and iiiuko an as
ncjisinout of tln,nmgci.s myl betoft8 as provldod lit the next follow
ing section of tliltt uiturier ami sunn itHHigu a nay uuu juiieu iui
Htuiii to moot tttUl HllUll i'lio "otlcvi to bo given III a newspaper
orkeuera elreiilatlpn In Hald City or tho appointment or such
viewer, nipt by mull tu luleWiatod property ownorH, m fnj;
known, providing liowovor n fnlliiro to tniill nucli notloo shull bo
tlouined JiiilHilltlloMal or urroc tho validity of nucli aswssntent,
wju tiiyir iiei)K ha in? Urn M m9 HT 'vr um to
iimot nnd Hieclfylng, with convenient certainty, tho boiindnrlon
end termini or i..e proH)ned street or ehnugo nnd tho boundaries
ami descriptions or tlm private property which should he appro
priated for such purpose,
Bee. 108. landing of VJeiveiji. -Hald vlowern shall meet nt
the tlmo uml place designated by tlio lloard. They shall bo sworn
lo faithfully discharge the dittlen assigned thorn and they shall
then or on auy nubsoriuunt day, to which they may adjourn, pro
ceed to view tho proposoil street or change nnd to detcrnilnio and
minors how much, Jf any, lens valuable tlm land or property or tiny
part thereof, through or over which tho proposed street In to bo
opened, laid out, established, or changed, will bo rendered thereby,
end shall ulso uncertain tho respective Interests or nil persons
tlaliiilug to be the owners or the laud or other1 property afore
said, or of tho Improvements thereon or to have any Interest In
such lauds or Improvements and tho damage which each of said
ownorn respectively will sustain. Hald viewers shall nlso make a
Just and e'lultablo cstlmato and assessment or tho value of the
l.'noftn and advaulngen of said proposed street or change to the
respective owners and other persoun Interested In all lands or
other properly which mild viewers shall deem specially benefited
b such opening, laying out, establlnhliig or change.
Hald viewers shall thereafter, nt their earlUst convenience,
i (port tlm ussessment ror damages and henoHtH, an In thin section
required, to tho Hoard, but no failure to stnto tho name of nny
owners, nor tiny ntltttuku In the iiauto or any owner, nor any slate-
miiiit or a name other than thai or the true owner In such report,
ussessment, or In the ordinance adopting such report or In tho
Docket of City Metis where tlm name Is entered or lit any notice
required by this Charlor, shall render void or In any way affect
tho lieu or such assessment upon the property usseiised. The
vlowern vluill reeolve an compensation ror their services tho siitn
ol Three ($n,UU) Dollars each ror each day actually engaged In
such service, to be paid by thq City and charged an costs and as
hcsscd an part or tho benefits by said viewers,
Hee. 10U. Notice or I'l-oimsnl Assessment. Hl'on tho filing of
raid report of the vlowern with tho Secretary he shall Immediately
cntiHo a notleo to be published for three successive days, nnd shall
mall similar notice to Interested property owners so far tin known,
ptovlded. however, Hint failure to mall such notice shall not be
t'eemed Jurisdictional or affect the validity or tho assessment, or
the riling or said report giving date when the name will be con
sidered by the Hoard or Dlrectorn, describing, with convenient
certainty, tho boundaries or the district assessed by tho vlowern
lit said report and notifying all persons Interested to present,
In writing, their objections to mild report, ir any they have, and
said objections, If any there be, together with said report shall
lib heard and determined by the Ilonrd,
Hee 110. Amended i-'IiiiIImkn. If such report shall nppear to
tho Hoard or Directors to be In all respects reasonable nnd Just
It may bo adopted by ordinance embodying said report or If It
shall appear that the damages or beoeflts nneesscd arc unreason
able, unjust or Insufficient in nny respect, the Hoard or Directors
n. ay send tho same back to tho santo viewers ror rurther consid
eration nnd the viewers may alter and revise tho satno an they
shall deem Just and again report tho name to tho Hoard of Direc
tors, who may thereupon adopt or reject the same: or snld Hoard
may appoint, now viewers to mnke such nsressment and award
and to report the snum to the Hoard or Dlrectorn, which shall
have the sntno power over such report an over tho original.
Hec 1 1 1 Appcol. Tlm owner or owners or any lot or part
thereof to be appropriated an aforesaid or of the Improvements
thereon or nny person having an Interest therein, mny appeal, to
the Circuit Court of the Htate of Oregon for the County of Jack
sou, from such report nnd assessment of damages. Any number ot
penottn mny Join In such appeal nnd the only question to bo deter
mined by such appeal shall be the question or tho excess of dam
ages over benefits nnd tho excess or benefits over damages sur
ftrcd and received by each person Joining In such appeal.
Ait appeal shall be taken by serving notice thereor, within
twenty dnys from tho adoption ot the report of the viewers by
the Hoard, upon, the Hecrotary or the City and filing at) undertak
ing with ono or more sureties, who shall possess the qualifications
ot ball upon nrres In a civil action and shall Justify In like man
lier conditioned that the appellant will pay nil costn and dis
bursements that may be awarded against him on appeal, not ex
ceeding Two Hundred (fl'00.00) Dollars, together with the proof
of service or tlm proof of such notice in tho office of the Clerk
of tho Circuit Court.
Hec, 112. Jury Vrnllct Final. Tho City shall bo considered
tho plaintiff and such appeal shall bo conducted and bo heard and
dtterntlned nn.i tho judgment thereon enforced, as far an prac
ticable, In tho same manner as an action at law for the appro
priation of property ror corporate purposes. The Jury shall vlow
tho proposed street, tho property to bo appropriated, and the pro
nertr nKiilnst which benefits are assessed nnd evidence ot dnm-
ii.es and benefits may bo Introduced by the Clly and tlio nppel-
luittn; but tho Issues, testimony, nml verdict uon Huch appeal snail
lo confined to the parties appealing and tlm Jury shall not re-nn-sens
any damnges or benefits unnppentcd rrant. The Jury In mak
ing the ro-nssessment of damages or benoMts, shall, In its appor
tionment or tno name, no governed oy me name inwn nn in mis
Charter provided ror tho action of vlowern, to-wlt: tho excess
of damnges over benefits or of benefits over damages to tho land
ot each owner which Is affected by said street or change. The
verdict or the Jury shall be n final nnd conclusive determination
ol hiicIi assessment unless the Judgment rendered in such case
shall be revernod or modiried on appeal. An appeal to Jho Sit
I rettio Court of tho State may be taken from such judgment In
tho same manner nn from other Judgments of snld Circuit Court
and with like effect.
Sec. 1U. fools. U any appellant rails to recover greater
damages or to secure a morn rnvornblo assessment or penalties,
as the case mny be. than were assessed by tho viewers, Judgment
shall bn rendered against him and his sureties mi appeal ror his
proportion or the costn ot tlm nppcal to bo paid prorata according
to tho respoctlvo damages nnd benotllB nsscssed. Tho same fees
i ml costs ahnll be paid upon such appeal as nro allowed In other
in tlons. '
See. IH, l'roccHMllngs I-gnl t'lilcii Contrary Shown. In all
actions, suits or proceedings concerning the opening, laying out,
establishing, or changing of nny htreet under tho provisions or
this Charter, all proceedings had for Hint purpose shall bo pro
sttiued to httvo been regularly and legally taken until tho contrary
Is shown.
Hec. 115. AsxeoMiieuts Declared. Within thirty days after
tlio uxplrittlon of tlto time limited for appeal, It no appeal bo
taken, or utter final Judgment Is rendered on appeal, It nn appeal
bo taken, tho Hoard shall, It It deem It advlsablo to open, lay out,
eatiibllHh or change said street In puntunnco of tho report ot tho
viewers or wltji said report as modified by tho Judgment on ap
peal, dcclaro the assessment of bonofltH against tho several par
cels of property assesnod by tiald report, or by said report ns modi
tied by said judgment, and direct tho Secretary to enter tho satno
lit tho City Men Docket In tho santo manner as is provided by
Hec. 87 of this Chnrter.
Hoe. 11C. Collect lein: Installment rnrmenls. Said assess
ment Hhall be collected In Hie muntter provided by this Charter
for tho collection of assessments for street Improvements nml tho
snum Hhall, nt tlto option ot tho Hoard, bo paynblo lit installments
to thu snum extent and In the satno tuannor, and Improvement
bonds mny bo Issued on account thereof as Is provided by Seo'a. 92
to 101 Inclusive of this Charter. Upon tho paKsago of tho ordin
ance declaring nucli assessments, tho City ot Medford shall be
come liable absolutely for the naymont to tho persons entitled
thereto, of tho damages awarded in tho report of tho viewers or
In said report an ptodlfled In the judgment on appeal, which
awards shall become duo mid payable on or beforo six months af
ter ho. data of tlto, pnssago or tho ordinance declaring said as
sessment with Interest from tho ditto ot said ordlnnucq at tho
rate of six per cent nor annum.
Hec. 117. City Hlmlf l'ny Awnnli. All monoyfl, arising from
tho collection of iissossmotitn of bonofltn or the salo ot Improve
ment bonds IhhuciI on account thereof, shall bo kept In a soparato
fund and tho Hoard ot Dlrectorn shall, on or boforo six months
after tho da,to or tlto passage of tho ordlnnnco itecinring sniu as
sessment, transfer from the ueneral fund ot said City such
amount, it nny, as shall bo necessary to mako said fund equal to
tho total amount of the awards ot damages with Interest to tho
dnto of said truusrer. Whereupon tho Secretary shall draw, to
tlm order or the norsonu entitled thereto, warrants novnblo out
of this fund for the respective amounts of snld awards of dnm
apes and lutorest nnd shall, on demand, deliver tho satno to tho
persons entitled thereto, utul tiom tno unto wlieu said warrants
tiro m drawn, Interost on a,ld iiward shall cease. If said f"d
bo uot so provided and snld warrants drawn within six months
from tho date of. tho ordluanco levying said ussesutiuont, nny per
son entitled to nn award of dainngos, may maintain nn action
therefor aualnst tho City: and any pronorty owner, who has paid
tiny assessment lovlint ugn,lnut his property by the ordluunco lovy-
tug mini assessment or any ltisiaiinieui tuereoi, nitty oy maiiuaui"
proceedings compel tlto City to proviuo tno necessary funiis tor
tho naymont ot mild nwarilH iih abttvo provided, and the Socrotary
lo draw tho warrants thorofor. Krom tlto dato that Bald fund I"
provided for tho payment Qf aald uwnrds or tho actual naymont of
tho avows, an anovo proviuen, i0 property rqquireu ror mini
uiroiUn or chniiKo. hh hIiowh bv tho renort or the KniHnoer. shall bo
deemed appropriated ror tho purpose, of suld streotsj ami the
Hoard of Dlrectorn hiiuii ntuny titpo uioreaiter uociaro aucn street
tu bo opened, Jald out, established or changed; and within thirty
days utter tho adoption of Hald resolution tho City Knglneor shull
file, for record with tho County Clerk of Jiieksou County, Oregon,
, copy of said resolution nnd tut at tvnto plat ot snld street and
of the property so minrouriutod for pulu' uo.
Hee, UK. Hldetiilks, Tlm Hoard ot Dlrei-ora alinll have tlm
power to proHcrlbb tho niannor, character and location of till side
walks In, along and ucrosa tho streets, uveiuiou and alloys of suld
city umi may uwrlbo. tlio wMii uml uniiHijtUvreofi Nip 0ll ot
ponstriietlon, Improvement nnd repair thereof, nnd may compel
tho owner of property abutting thereon or benefited thoreby, to
construct, Improve, or repair nucli sidewalk or may assess tlm cost
or such construction, improvement or repair on said property, In
such manner an thu Hoard or Directors may proscribe,
AUTICLR VI.
lailOTIONH.
Hec. I 111. .Municipal Klecllon. A municipal election shall bn
held In tlm Clly on the nocond Tuesday or January, 1910; anothor
shall bo held on tho second Tuesday of January, 1617; and bien
nially thereafter on tho second Tuesday of January of enrh odd
numbered year; which shall bo known an (Jcnnrnl Municipal Elec
tions. Any other elty election held by authority or thin Charter
or the lawn or tho Htate shall be known as Special Municipal Elec
tions, Hec 120. Klectloii I'reclncM nml Officials. The Hoard of Di
rectors Hhall by resolution adopted not less than ton days before
any municipal election, prescribe tlm voting precincts of tho City
and the voting place In each; and shall appoint for each such
precinct ono Judge and two clerks ot election. It shall also ap
point a Central Klectloii Hoard tu consist of the Secretary and
four other qualified electora of the city. If any precinct Judgo or
clerk shall bo absent at the opening of the polls, tho electors
picsenl may fill such vacancy by appointing any qualified person.
Hec 121. Notice. -Not losn thnn ten dnyn beforo the date or
any municipal election, the Hoard or Dlrectorn shall cause to bo
published In a uowspapcr published and or general circulation
within the City, notice or said election, which shnll contain tnc
date ot said election, voting places, hours ot holding polls opon,
the certificate of tho Secretary of the City containing tho list of
offices to be filled and tho candidates entitled to have their names
appear on the ballot, an provldod In Sec. 134 hereof, nnd ballot
titles of all measures to be submitted to the electors. An error
In tho notice of an election shall not Invalidate tho naruo.
Hec. 122. lU-glsiratloii. Tho registration of overy person
who registered and. voted at the last preceding General Htate
Election, ahull bo deemed n registration for tho purposes of this
section, providing he has not since moved front the voting pre
cinct In which ho was so registered.
Any qualified voter of the City who did not register and vote
at such preceding atato oloctlon, or who has moved his residence
front tho voting precinct In which he then voted, must bo regis
tered as herein provided beforo being entitled to voto at such
municipal election.
At any Special Municipal Election, the registration lists used
at tho last preceding municipal election shall bo deemed to bo
and shall bo used as the registration lists for such Special Hunt
clpal Election.
Hec. 123. ItegMrnUon J.M.i It shall be the duty ot the Sec
tetary of tho City to obtain from tho office of tho County Clerk
of Jackson County, n list of tho electors of tho city who voted at
tho last preceding stato election. From such lists and the records
of his own office, tho Secretary shall prepare, In duplicate, regis
tration lists for each of tho voting precincts of the city, enrolling
thereon the names of the electors who voted nt said last preced
ing election.
See. 121. I'nlillratlon of Mst. At least twenty (20) days
boforo tho day of any municipal election, tbe Secrctnry shall cause
to be published In a newspapor published and of general circula
tion In sold City, the list of eligible voters ho has bo enrolled on
cald registration lists.
Sec. 125. Hoard of Itrglstrntion. There shall be appointed
by the Hoard of Directors, not less than thirty days before tho day
of holding nny municipal election, a Hoard of Registration con
sisting of three nuallfled voters of tho City. Each of said mem
bers shall qualify by subscribing to an oatn. to be tiled In tho of-
flcc or the Secretary of tlio city, mat no win nonestiy anu ratu
fully discharge the duties of said office.
It shall bo tho duty of said lloard of Registration to sit ns such
from elcht o'clock A. M. to seven o'clock P. M. of each week day
(holidays excepted), for three days beginning on tho third Mon
day before the day of snld election, at some suitaoie place to do
nrovldcd by tho Hoard of Directors. They shall examine into the
qualifications of nnd register all qualified voters of tho city ap
pearing before them for that purpose, whose names nro not al
ready on the registration lists or who have moved Irom ono voting
precinct to another since last registered. Any voter who nan so
moved, shall have his registration cancelled from the list for the
precinct from which ho has moved and entered upon mat oi tne
pteclnct Into which he ItaB moved.
Sec. 120. Porting I.Ut. Tho said Hoard of Registration
shall deliver two conies of said rcelstratlon lists to the Secretary
of the CIO, who shall post pne copy of said lists at thq front door
o! the city hall not less than five days before the day of said elec
tion; and he shall keep the second copy or said lists In his office,
oncn tor Inspection until the day before election.
St'c. 127. Publication of .Supplemental Lists. Tho Board ot
directors shall, at least five days bofore the day ot said election,
piKvJdc for the publication of lists or such additional registra
tions ;nado by sad Hoard pf Registration. In one Issue of a news
paper published and ot general circulation In the City.
Sec. 12,8. Voting, Tho Secretary of the City shall, bofore
the opening of the polls on election day, transmit to tho judge of
election ot .each voting precinct, the registration list for that re
spective precinct, to be used in the conduct of said election; on
which list, opposite the name of each voter, shall be marked the
word " voted", ns soon as ho shall havo cast his ballot.
Tho polls shall open at seven o'clock A. M. and close at seven
o"clock P. M ; providing however that any voter nt tho polls at
tho tlmo for closing shall bo entitled to cast bis ballot.
Sec. 12t. ltegiitratlon on F'lectlon Day. Said Hoard of Reg
istration shall also sit on tho day of tho election, and any quail
tied voter of tho city, not therctoforo registered for that election,
may appear beforo said Hoard on that day and bo registered by
making an affidavit covering his qualifications as a voter, sup
ported by tho affidavit or at least three qualified voters and free
holders of tho City as to his placo of residence and length ot resl
denco within the Stato. Tho Board shall issuo to any such voter
furnishing such satisfactory affidavit, a certificate at registration,
which, when presented to tho election Judgo of tho voting precinct
In which ho lives, shall entitle him to have his namo entered on
said registration list and to vote. Said noard of Registration
hhall tlio with the Secretary ot tho City all such affidavits ot per
sons registered by it on election day.
Sec, 130. Nomination. The name ot a candidate to bo voted
upon at any municipal election shall bo printed upon the ballot
v.-hon a petition shall havo been filed In hla behalf signed by not
loan, thnn twenty-flyo, qualified electors,
Sec. 131. Komi or Nomination. Petition. Tlto form of, such
petition shall bo substantially as follews:
NOMINATION PETITION
1 hereby Join In a petition for tho nomination of -....-..,
residing at Medford, for the office of
to be voted for ut tho municipal election to bo held in said City on
tho day of 19 And I say that 1 am
a quallflod voter of tho City of Medford, and that my correct resi
dence is glvon Immediately following my signature and that 1
havo signed no other petition to nominate a candidate for this
otflce nt tho coming election.
Names Addresses
If you spoil thin ballot, tear It across once' return It to the ekt
tton judgo nnd secure another, ' Cb
C'AN'DIDATFTH FOK DlH.KC.rOIW "
l.tW
(At'drewi)
(Addren)'
(AtdrM)
(Address)
(Address!
Tha uunicralH thus Marked on
Hoc. 132. Klllmr Petition. Any such nctltlon shall be filed In
tho offlco of tho Secretary of the City not earlier than thirty nor
Inter than fifteen days boforo nn olectlon day. It shall be en
dorsed with tho namo and address of the nerson responsible for
ItR being fllod; nnd also tho written acceptance of tho candldato
uamod therein. The signatures to such petition snail De vermea
under oath boforo n Notary Publlo by one or moro of such signers.
In tho absence of any ot these threo requirements, the petition
shall not bo fllod.
Sec. 133. Amending Petitions. If, upon examination by tne
Secretary. Bitoh petition shall bo found to bo sufficient, It shall be
riled forthwith. If found Insufficient, such fact with tho" reasons
therefor shall bo endorsed thereon by the Socrotary who shall re
turn the santo within threo days to the person responsible ror til
ing It, Within flvo days of sucl return, It may be BmomJed and
again presonted for filing, when it shall be subject t,o tho same
tii-ocedtiro nB an orlKlnal netltlon. In uo caso shall a petition, ori
ginal or amended, bo received for filing after fifteen days preced
ing tho day of election. In cuso a petition shall bo. filed bear
ing signatures, duplicating ono or tuoro signed to a petition Hied
prior thoreto, tho petition first, filed shall not be1 Invalidated
thoreby, but petitions filed subsequent to such first petition must
bear tho required nunioor ot signatures exclusive ot sucn aupif
cated BliMiaturos.
Sec, 13-1. Candidates LUt. .On, or beforo the fourteenth day
before an election, the. Secretary ahall prepare, and file In his of
flco n certtricnto contnlutug n list of tho offices to bo' filled and
the candidates for ouch thereof who are entitled to havo tholr
nr.mos nnnear iinoit tho ballot.
Hec. ISti. IhillotH. Tho nnmos of candidates on nil ballots.
used In municipal elections shall be nrlutod In alphabetical order,
and shnll be without nny nnrty murks or designations. There
shall bo loft tit tho end of tlto list ot candidates, sufficient blank
spnc.es In wblcV tho eloctora may vrlto the names of any persons
pot printed oil tne uaiiot for wnom mey desire to vote.
Tho form ot tlto ballot shall bo substantially as fallows;
OFFlClAh DALLOT
nirectlotiB to vetern: Put tho figure I opposite tho n,ante ot
your first oholco for the Board of Directors, Put the figuro 2 op
posite your second choice; tho figuro 3 opposite your third choice;
uml so on, You may express thus iih many uttccosslvo preferences
tin you deslro. a ballot Is spoiled If the tlgltru 1 Is. placed oppo
Bito moro lUttu qw itnmtu
(Name)
(Name)
(Name)
(Name)
(Name)
Hc. 130. Principle, of Hflllot.
(tin lmllut shall ha understood to mean that the voter fWien his
voto to be effective In the olectlon ot his hlgltent preference who.
under the rules, can be helped to an election thereby; and U-wjse
it in not needed by, or will not help o'oct that candidate tor whom
It would bo counted. It is to bo transferred to another eandltit
In accordance with the preferences marked thereon.
A ballot with only n flrsl choice marked. Is a Non-lram-rer-ablo"
ballot. Ono with n second or mqro choices marked, le a
"Trnnsrcrnblo" ballot.
Sec. 137. Arranging Ballots. 'At tlto aoverat voting nre
cJnctn, tho bnllotn shall be sorted an rollowBS Ballots so marked
ua to be Invalid, shall bo nortcd Into ono jmqkage. The valid bal
lots shall be sorted Into groups according to the candidates re
ceiving rirst choice votes; onch group being Hod securely nnd
sealed and initialed on tlto outside by tho precinct judgo and two
clerks
Sec 13. Central KlcrHon Honnl.- Thna sorted nnd tied, nil
btllots shall be taken to the Contral Klectlon Board, whleli shall
meet at tho City Hall or such other suitable place an may be deslg-
tihtcd by the Board of Dlrectorn in its order appointing such
Hoard; arid counting of the ballots shall proceed under Its dtrec-
Sec. 133. Rules of tlio Count. (1) Flrni choice vote for
nil candidates shall be tabulated an tho first count.
(2) The aggregate of valid ballota east for all eaacldwlea
shall be divided by a number greater by one than the number
of scats to be filled. ThU quotient, plua one, shall be the 'cob
itltttency' or 'quota.
(3) All candidates whoso votes (hall equal er exceed this
quota, Bhull thereupon be declared elected.
(J) All votes obtained by a candidate In exeeiw of the quota,
shall bo termed hla surplus. Such lurplases shall successively,
beginning with tho largest, be transferred to continuing candi
dates, each ballot thereof being added to the rote ot that contin
uing candidate Indicated thereon as the next highest preference.
"Continuing Candidates" are candidate! who have not been de
clared elected or defeated. , .t ".
(5) To transfer a surplus, all that candidate's valid ballets
shall bo untied, placed In a box and thoroughly shaken. HaegU
transferable ballets shall be taken therefrom, one at a time In a
n.aancr which shall, make It impossible for the pero drawls
them to detect the voting marks thereon, te make up that candi
date's surplus, Any non-transferable ballet so drawn, shall not
bo considered as drawn." ... , A.
(6) After tho transfer of all surplusses; the candidates then
l.nvlng votes equal to or In excess o the quota shall be declared
elected-
(7) Aftor tho transfer of all surpluses, should there remain
places to which no candidate has been elected, (or should there
be no Burplua on the first count), the candidate loweet oa the
oil as It then stands shall be declared defeated and all bis trans
terable ballots shall be transferred as above provided In nle (4).
Whenevor tho votes of any candidate snail thus become ea.ual to
or exceed the quota, he shall bo declared eleqted. la Wt wan
ner, the lowest candidate as show;n by each, succeeding count shall
successively be declared defeated and his transferable, tllata
transferred to continuing candidates. tUl the full number of. of
fices shall have been filled or unUl there shall remain continuing
candidates equal in number to the places, still unfilled.
(8,) If at any count, two or more candidate are tied for low
est place, that ono shall first be. declared defeatedwhp was lowest
at the next preceding count at which thlr rotes -ere different.
(5!) When two or bore candidates are declared, elected on
the same count, the one having the wost votes on that count sha.l
It considered as first declared elected; the one having the second
highest number ot votes, as second la bejng; declared elected, and
(1Q) No ballot shall be counted In, such a way that It shall
help to elect more than one, candidate.
(ll) A ballqt marked with a cross or x opposite 0BeMW
only, shall be treated as though It had been marked TTlth tge
figure I opposite that name.
Sec. 140. Count Open to Public. So far as may be consistent
with good order and convenience In the counting, representatives
of tho press and the general public shall have ample facllKlee
for being present and witnessing the count.
Sec. 141. Certificate of Hectic. At tho conclusion of tho
count, all ballots finally counted as a part of a candidate a quota or
left with an unsuccessful candidate, ahall be distinctly marked a
.i. .ti m! nnntffi' in Konarato nsckaces. A retura thereof.
"V... .V.- " .......... ... -. -- m -.; . .I...U1..M mh..
shall be mado to tho Secretary or tno vuy.. unrwi'is "
tl'o Central Election Board a formal return on the result or tne
election, the Secretary of the City shall issue n certificate or elec
tion to each of the successful candidates.
Sec. 142. Informality Does Not Invalid! No informality
in conducting an election under this charter shall invalidate the
tome, providing It shall have been conducted fairly.
Sec. 143. File F'lectlon Documents. Tho Secretary of the
City shall preserve on fllo In his office all papers relatlvo to nomi
nations and elections, for a period of four years and during the
pendency ot litigation relating to any election.
Sec, 144. Htt Law Applicable The provisions of any
Slate law respecting elections, In force at the time of holding a
municipal election hereunder, whero applicable, shall apply to
such municipal election, except -where tho same are In conflict
with the provisions ot this. Charter. Powers conferred and dutlee
imposed by such laws upon state or county officers are hereby
conferred nnd imposed upon corresponding city officers unless
otherwise herein provided.
ARTICLE VII. t
ItKCALL OP EIiF:7tlVE OFFICERS
Sec. 115. Applies to AU Elective Officers. Any Incumbent
of an elective otflce, whether elected by voto ot the people or
appointed to fill a vacancy, may be wmoved from office by the
qualified electqrs ot the City, Such removal shall be known aa
tho "recall' and the procedure to effect tho same shall be as
Sec' 146. Recall Petition. A petition, signed by qualified
electors ot the City equal in number to at least tenty-flyo per
cent of the total number of votes cast In said City la the last pre
ceding municipal election providing the required. nbr shall
not exceed twenty-five per cent ot the electors ot said City votln
for a Justice of the State Supreme Court at the last precedlaK
election for such officer, shall bo fllod with the Secretary ol the
City, demanding tho recall of said Incumbent and tne electloa
of a successor thoreto. Such petition shall contain a statsmeat,
In not to exceed two hundred words, of. the reasons for such de
mands. . . . ,,
Soc. 147. Forms For Petitions, Blank; forms for such peti
tions shall be obtainod only from the Secretary of. tho City, whose
duty it shall bo to maintain a supply tnoreof In hla office, The
Secretary, upon Issuing such foruis, to any person, shall enter,
in a record to be kept In his office for that purpose, the namo
and address ot thq person to whom Issued, th.o date at such Is
suance and the number of blank forms, issued; and shall certify
on each ot said forms tho name ot the persons tq whom issued aad
thq date of Issuance. No petition, atiall be accepted for HUbb) un
ion upon forms so certified, and unless otfere4 for tlHag witnia
thirty days from tho first date ot Issuance, ot any or. tne forms
comprising such petition.
Sec. US. SlKnla ami Filing, Each signer of a reeall aetl
Hon ahall state theyeon by definite, indication hla place, pf auode.
The signatures on each tqrm p( such petition shall be veriued w
to their genuineness under the affidavit, of one qr wore, Sonera
of such poUtlon, made before an of flcqr competent t admlntatw
oaths, which verification shall be prima facie evldenc. ! tM
genuineness, ot each signature thereon, All papers WMWW
a recall petition Bliall be Hied with the Secretary as one testru
meat and shall be endorsed, with the names, and addrefW Of t
least three persons designated as filing the aaule. ' 4
Sec. 149. Amended Petition. If thq Secretary; shall Hitht
the petition Is Insufficient ho shall attach thereto hU ,oeMftaM9
sotting forth the particulars in which said petition-is defeetlve
and he shall, within ton days from tho tiling thereof,' del'vet
copy of such, certificate to at least one. of tho persons designate
as filing such petition. Said petfUoa, may bo ameade tr- Mia
plemcutud nt nny time wlthla fifteen days from the date of tlto
Secretary's certificate, of. Insufficiency hjr the filing or amend
ments to,s'atd petition, conforming la all respects to the4mulre
menta Uerolu respecting tho original, petition Any Kta44 er
supplemented petition shall be deemed to have been filed oa the
day of tho tiling of that addition thereto making It sufficient un
der Ue provisions hereof.
Sec. 150. Election, II such officer shall not. resign wlthla
five days from the filing of such recall, petition, tb,e, Secretary ,
shall call a spodat election to bo held -within twenty days to deter
mine whether tho people -will recall such officer. 'he nfltaet
BQUgltt to, bo removed ahall be deemed to be a. candidate, a, sM
special election unless h.6- nqtlfles the Secretory la writing ef ki?i
wish to the contrary. Other candidates for the offlw nr
nominated to be voted I6r at such 'special election. Thaireqttw
monta regarding the nomination of, other candidates the. ft4 -of
notice of such spoclul olectlon, and the cqmUtct ol, tk;MM.
shall bo according to tho prov'slppa pf Article V" hereof laeNtl
Ing Seo's. 135 to 111' Inclusive, unless" otherwise provided Hi mi
article. On tho sample ballot at said tspeeim eleetlo shall Wo
prlalQd, lu Hot ntoro Hunt Wo ltuuird .werda, U HWW fof
i
iy
m
i
a
i
'i
-
4
n
'A
I
;
1
"I
M