Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-07

80. To locate and construct or purchase.
any reservoir, ditch. canal or pipe line for
the conduct Of water, or any drain sewer.
or culyert 1t may deem necessary or con-
yenient, and for such purpose II shall have
the right 70 enter upon any land between
the, terminii Of said ditch, canal, pipe line.
drain, sewer, or culvert for the purpose OF
examining, locating and surveying the line
Of such ditch. canal. drain, sewer or cul-
vert. doing no unnecessary damage there
by. and TO appropriate by condemnation
proceedings so much Of said lands, whether
the same be within or without the cOrpor-
ate limits Of the City Of Salem, as may be
necessary for the construction and opera
tion Of such ditch, canal, pipe line, drain,
sewer or eulvert, In Ike manner as pro-
vlded by the laws Of this state for the
appropriation Of lands or rights of way by
corpOratiOns-and to appropriate and di-
vert from Its natural course or channel.
for the purpose OF draining or flushing
any sewer, drain or culvert. any spring.
ditch or stream Of water for temporary
uses. and may make a valid appropriation
OF the water OF any stream, and acquire
rgiht thereto. in the same manner and to
the same effect as lndividuag may do
under the laws, and shall have the power
TO exercise the right Of eminent domain,
and by virtue Of the exercise Of said rigGt
of eminent domain, TO purchase any ditch,
or bitches, water or water right, necessary
and requisite for the convenient location.
construction, operation. draining and flush
ing Of any sewer, drain or culvert.
~ 30. 10 borrow money on the faith OF the
City, or loan the credit thereof. or both,
and TO that end TO provide for the issu-
ance Of bonds by said City for any speci-
tled city purpose. and TO designate the
manner and time for the payment thereof
and the interest thereon, not in conflict
with the provisions OF this Charter; pro-
vided. that the interest on such bonds shall
not exceed six 90 per cent per annum.
81. To regulate, provide for and prohibit
the construction, building. use or operation
a niTphng of
alleys, avenues or boulevards Of the City
Of Salem and TO provide for the removal
OF the same, whether the same are now
used or operated on any Of such streets,
alleys, lanes, avenues or bOulevards Of said
city Of Salem, and to provide for the con-
demnation and removal of any such bitches,
and shall have the power TO provide each
and everything requisite and necessary for
the full and complete exercise of the power
herein granted.
rs. To protect the City OF Salem and the
inhabitants thereof at public expense, from
the floods of the willamette river, or any
other stream. and TO prescribe the width
to be maintained between banks within the
corporate limits Of the City. To prevent
ana remove distractions from said chan
nels, and to provide for the punishment Of
persons causing such distractions, and to
provide for the controlling of the waters of
such stream, and to provide funds. and
exercise the right of eminent domain for
such purpose.
80. To provide for the survey of the
boundaries of the City. and all streets lots
and blocks within such boundaries, and TO
have plats made Of the same, and to adopt
such plats as the official plats Of the City
for City purposes.
40. TO purchase land within or without
the corporate limits of the City, to be used
for dumping garbage and the disposal Of
the same.
Al. To open, lay out, establish, widen,
alter, extend. vacate or close streets and
alleys and to appropriate private property
therefor, and to provide by ordinance the
manner and proceedings for so doing, and
each and everything necessary or requisite
therefor
Sec 1O2 The limits of the City of Sa-
lem are hereby excepted out of the juris-
dicton of the County Court of Marion
county, State Of Oregon, on the following
subjects, tO-wit To divide the same or
any part thereof into road districts, or to
appoint supervisors or road superintendents
for any part thereof or to improve or reg
ulate in any manner the public streest and
highways therein and all streets, alleys
and public highways, the improvement
thereof, and all matters pertaining thereto
shall be under the exclusive control and
jurisdiction of the Commissioners of the
City Of Salem, Oregon.
Sec 103. Franchises-The Commission
ers are authorized to grant such franchises,
privileges and easements, along, over and
upon the public streets and highways of
the city of Salem. Oregon, as they may
deem and consider expedient for street rail /
ways telephone and telegraph lines, water
mains, ard other public utilities
Sec. 1O4. Acquirement of Public Utili- |,
ues-Wheneyer petition or petitions /
signed by electors Of the City equal in |
number to twenty-five (25) per cent of all .
the votes cast &C the last preceding cleo
tion for the office Of Mayor, shall be pre-
sented to the Commissioners requesting the ,
purchase and acquisition by the City of
any public utility, and requesting the Board /
to prepare for submission to the electors
of the city, proposition for the acQusi- T
ton of such utility 1t shall be the duty Of
the Commissioners within reasonable
time, not to exceed six (6) months, to
formulate and submit such proposition by
ordinance to the qualified electors of the
city, and for such purpose the Commits
sionerS shall call a special election to sub
NIT such proposition and II at such elec
don, two-thirds l2-3l of the qualified cleo
tors voting thereon shall be in favor of
such acquisition and by their vote warrant
the issuance of bonds therefor the Com
missioners shall then be authorized and
empowered to acquire by purchase or other
wise according to the provisions of the
ordinance submitting such proposition for
such public utility and they may issue such
bonds TO secure the necessary funds for
such purpose provided for in such ordin-
ance. Provided further, that any such
ordinance shall be filed with the City Clerk
at least thirty 800 days before any such
special election. and the Commissioners
shall provide for printing and distributing
a sufficient number of copies of srSh Ordi-
ance that the voting public may De we'll
informed as to the conditions and pro-
visions thereof.
Sec, 1O5. Present Form of Government
Continue Until-Except as otherwise in
this article provided the form Of govern
ment existing in the City of Salem at the
time of the adoption Of this Charter shall
continue unaltered, and all Officers and
other persons in the service Of the
CIV nt the fiuna fbfu fob
effect shall continue to serve as such and
TO receive the compensation therefor now
provided by law or by ordinance, and to
nave and exercise the powers, authority
and jurisdiction Heretofore possessed by
them respectively until the elective offic-
ers first elected hereunder shall have quail
itied. Upon such qualification of said elec.
tive OFFICERS hereunder the term Of office
OF every officer or other person In the
service Of the City at the time this Charter
takes effect shall Immediately cease and
terminate. Thereafter all of said officers
texcept the Commlssionersl and all OF said
other persons In the service OF the City at
the time this Charter takes effect shall
continue TO draw compensation at the same
rate, and TO exercise like powers. authority
and jurisdiction as Heretofore, until re-
provide.
See. 1O6. Duty Of Present Officers as
TO Electlons-It shall he the duty OF the
Mayor the City Council and the City Re
corder In office when this Charter takes
effect, to comply with all requirements Of
Article III of this Charter relating to elec-
ions, TO the end that all things may be
done necessary to the nominations and elec-
tOin OF the officers first TO be elected under
this Charter.
Sec. l0I. Present Ordinances Continue
In Force-All laws, ordinances, resolutions,
bylaws orders rules, or regulations in
force In the City OF Salem at the time this
Charter takes effect, and not inconsistent
with the provisions Of this Charter, whe
ther enacted by the authority of the CITY
In full force and effect until the Roard