La Grande evening observer., August 14, 1913, Image 7

PROPOSED CHARTER PRESENTED
IN PARTS la LEGAL IIOTERS
For the benefit of lecal voters whX . . ' ' , . ' :
may not. have time to devote ! card " ab8rb Prtin8 of the
study tb the proposed charter, the Ob- each (5ay and Prbably become' ad
sfrver will from time to time present I ditinally acquainted with the pro
Motions of the proposed commission visions of the document. oTday pre
form of government. In this way the.'sents the first installment:
if CHAPTER I.
I ' OF THE INCORPORATION. '
!' - ct.A-'i"-' $1$. PoMe wl Corporate:
tv Oreeon" an7lfethanbtnt? ?l thn City l La Grande' Unl" Coun
ty, uregon, and of that part of the County of Un on and State of Ore
gon within the .limit, hereinafter, prescribed, are hereby created and el"
tabl.shed a body politic and corporate and declared to be a mun"cipal
corporation by the name and style of the CITY of LA GRANDE and
by such name shall have perpetual succession, contract and be con-
fllr'r 8nd bV,ued' plead and be impleaded, defend and be
deiended, in all courts of justice, and in all actions, su ts and proceed
wgs whatsoever; may purchase, lease, hold and receive property-real
and personal-withm the said city, for public buildings, public works,
streets and improvements and all other municipal purposes; and may
tUandvdlSp08? of the same or anv Part thereof for the benefit
of the said city: and may purchase,, hold and receive property, both
real and personal, within or beyond the boundaries of said city to be
used for city parks, for burial purposes, hospitals, pest houses, prisons,
work houses, powder houses, for the erection of water works and the
establishment and maintenance of a water system, for a sewer svstem
and disposal plant, for supplying the city with electric or other lights,
and for other useful, beneficial or ornamental purposes, and may erect
buildings and works thereon, and may inclose, ornament and improve
the same; and may control, sell, lease or dispose of the same for
the benefit of the city and may invest and borrow money and pledge
the credit and property of the municipality. All property, both real
and personal, belonging, to or invested in the City of La Grande as '
heretofore created, established and bounded, rl uil, upon the adoption of
this charter, become the property of and Vested . in the City of La
Grande, as created, bounded and established bv tl is charter; and said
City may control, lease, sell or dispose of the Same or any part thereof
for the benefit of the City.
' ' Corporation Limits of the Ciiy. , : ,
Section 2. The corporate limits of the City of La Grande shall be
as follows: beginning at the southeast corner of Section seven, in Town
ship three south. Range thirty-eight east of the Willamette Meridian, in
Union County, Oregon, and running thence west on the Section line one
half mile; tnence north on the centur line through Sections Six and
Seven to the south line of "Z" Avenue, in Riverside Addition to the said
City of La Grande; thence west to the center line of Umatilla Street,
in said Riverside Addition, and thence north on the center line of said
1 avenue to the west line of the southeast quarter of the southwest
quarter of Section Thirty-two, in TownMiip two south of Range Thirty-
.. eiylit east of the Willamette Meridian; thence south to the south line
ofl said Section Thirty-two; thepce east along the township line to the
northwest corner of the northeast quarter of Section Five, Township
Three south, Range Thirty-eight east of the Willamette Meridian;
thence south along the center of the county road one-fourth mile;
thence east one-fourth mile, thence south three-foflrths of a mile to the
I section line; thence east to the center of North Willow Street, in '
Honan's Addition to the City of La Grande; thence south along the
center line of said North Willow Street to the junction of said street with
Willow Street, in Coggan's Second Addition to the said City of. La
Grajide, and thence southwesterly on a line with the said center of
said Willow Street to a point on a line running east and west through
. the center of Section Eight in Township Three south, Range Thirty-eight
east of the Willamette Meridian; thence west to the center of sai
Section Eight; theijpe south to the south lino of said Section Eight:
and thence west along the Section line to the place of beginning.
rt Changing Boundaries and Annexing Territory. ;.
Section 3. The boundaries of the City of La Grande may be
altered and new territory included therein, after proceedings had B
required in this section. The Board of Commissioners of the City of
La Grando, upon receiving a petition therefor, signed toy hoi leS3 than
jt -one-fifth of the qualified electors of said City, as shown by the vote cast
at the last general City election held therein for the office of Commis-
sioner, may submit the question to the electors of said City, and to the
electors residing in ths territory proposed by such petition to be an
nexed to the City and become a part thereof. Such question shall be
submitted at a special election to be held for that purpose, and the
Commissioners of the City of La Grande shall give notice thereof, by
publication in a newspaper of general circulation in the City of La
Grande, and in such territory so propsed to be annexed, for a period
of four weeks Prior to such oieeHnn. also, hv nostinor notices thereof in
four public pkces within the City of La Grande as well as in four
public places in the territory proposed to be annexed, for a like period.
Such notice shall distinctly state the proposition to be so submitted, and
. shall designate especially the boundaries of the territory so proposed
to be annexed, and the electors shall be invited thereby to vote upon
' Such proposition by placing upon their ballots the words "annexation,"
yes, or "annexation," no, or words equivalent thereto. The Board of
Commissioners of said City shall also designate the place or places at
' which the polls will be open both within the City and in such territory
proposed to be annexed, which places shall be those Usually used f Or
such election within the City and also such places commonly iised xifhm
the territory proposed W fc Annexed, if any such there be, and shall
also appoint and desigrt&le in sue'h notice the names of the. judges and
' clerks of such . eleeWtfn, together with the hours of hpi.aing . (he same.
The Board of Commissioners, shall meet on the Monday .next succeeding
the day of Mien election at one o'clock in the afternoon Ru canvass the
votes cast at such election. The votes cast in such ::frLfory so proposed
to be annexed shall be first canvassed, and if it shall Appear upon such
proceeding that a majority of all the votes so cast in such territory are
in ?avor of annexation, then the votes cast within the City shall be next
canvp.ssed; and if a maioritv thereof ore 0 Mind to be in favor of
such annexation, then the Board cf Cnissioriers shall, by an order
entered upon its records, declare such, annexation and cause the Ke
corder of said City to nv.fce and transmit h the Secretary of State a
' certified description of such annexed territory ajid an abstract of sucn
' vote which shall show the whole numW of electors voting in such ter,
, ritory, the whole n-un-.ber of electors voting in the City, the number
of otes cast in each both for annexation and against annexation, from
and after the data for filing sucft abstract, such annexation shall be
deemed complete,, 'and thereafter such territory shall be and remain a
part of the Cify ,0f La Grahd. The judges and clerks rfo'e fnJer"i8
upon the discVa'-.-jre of their duties at such election shall fill their va
cancies if an.y id qualify fci the same manner as such officers so quali
fied at City, tactions.
. City Precincts.
.Sec'aPh '4. For general purposes the City of La Grande h VebJ
divide-VJ; fnT Tvrecincts. designated and described as follows: Pre
AS'm that P"t of the City lh,,U lying
80 vfiv f 'n HnV past and west 1 ne through the center of L. Avenue
S? o?V -rP?-te limits to the eastern boundary
'?.UMt Ser One and West of" hYcenVr lin7 of Fourth Street, and
pffi numb" Four haU consist of that part of the City lyin : north
of said precincts as the population may require or shall be for the
best interests of said City. t .
;" CHAPTER II. r-'-'' - i i y:
" OF THE GOVERNMENT OF THE CITY.
Power and Authority, In Whom Vested.
Section I. The power and authority given to the Municipal Cor
poration of the City -of La Grande by this Charter is vested in and
shall be exercised by a COMMISSION, composed of three members,' and
their successors in office, who shall be elected at large by the qualified
voters of the City of La Grande. - 1
Appointment of Officers.
Section 2. This Commission shall appoint at its first yearly meet
ing, and keep in office a General Manager, and a Municipal Judge, whose
tenure of office shall each be subject to the discretion of the Commis
sion and each of them may be removed by the Commission with or
without cause. ' . ., .
Subordinate Officers and Employees.
Section 3. There shall be constituted the following officers, in ad
dition to the General Manager and Municipal Judge, viz.: City Recorder,
Treasurer, City Attorney, Chief of Police, Chief of Fire Department,
- City Engineer, Superintendent of Water System, CUy Health Officer
and Stress Superintendent and such other subordinate officers md
employees deemed necessary in the government and management of the
City of La Grande. The tenure of such officers and employees outside
of that of General Manager and Municipal Judge shall be subject to the
appointment and discretion of the General Manager, and each of them
may be removed by such General Manager with or without cause.
CHAPTER III.
ELECTIONS.
General Elections. ;
Section 1. There shall be a general City election held in the City
of La Grande on the second Monday of December in each year, at which
election all elective officers provided for by this Charter shall be elected,
and all initiative, referendum and other matters submitted by the Com
mission of the City of La Grande to the electors of said City at such
election shall be voted upon.
Special Elections.
Section 2. Special elections may be called by the Commissioners at
such tinses as they shall designate and shall be governed by the require
ments of this chapter the same as general elections.
Judges and Clerks of Elections.
Section 3. The Commission shall designate one place in each pre
cinct for holding the election therein, and shall appoint three (3) judges
and two (2) clerks for each voting precinct, who, previous to entering
upon the discharge of their duties, shall each take and subscribe an oath
in the following form, to-wit: j .
"I do solemnly swear that I will perform the duties of judge (or
clerk) of this election according to law and to the best of my ability; that
I will endeavor to prevent fraud, deceit and abuse in conducting same,
said oath to be administered to the judges and clerks by an officer
authorized by law to administer oaths.
Notice of Election. . .
Section 4. The City Recorder, under the direction qf the Commis
sion, shall give ten (10) days' notice by publication in a J?csPaP
designated by the Commission, or by posting notice thereof in three
public places in each voting precinct .of such general election, the offi
cers to be elected, the measures, if any, to be voted upon, and the places
designated for the holding of the election, and the names of the judges
and clerks appointed for the same.
Qualifications of Electors. .
Section 5. No person shall be qualified to vote at any election to
be held under this Charter, who does not possess the qualifications of
electftV within and under the laws of the State of Oregon, and who
has not resided within the City of La Grande for the three (3) months
next preceding such election, as well as in the voting precinct m which
ho offers to vote at least ten (10) days next preceding such election, and
who has not dulv registered according to law. i
Registration of Voters. '
- Section 6. The provisions of an act entitled "An Act to Provide for
the Registration of Electors, Regulating the Manner of onducmg
Elections, Providing for the Prevention of and Punishment for frauds
Affecting the Suffrage and to Prevent Illegal yoting-aoproyed Feb
rupry 17, 1890, of the Statutes of Oregon, shall apply to elections held
under this Charter, e::eftpt as hnre'n otherwise provided. No person
who has registered for the preceding county election under the statutes
and has not changed his residence need rerriator gwn tr cl?W?H
if in the proper voting precinct. The City Recorder shall keep open
proper registration books, lists, etc., for a period of twenty days im
mediately preceding and including the day of each annual city election
and during such time shall register all persons, wliC since the registra
tion books were Inst closed, have 'oecome eligible to vote at such election,
or who, being entitled to vote, have failed to register, and shall enter
changes of residences occuring since the last registration of all persons
who shall apply therefor. Such Recorder shall send to the several voting
precincts its precinct retrip'.:v ih" "''.led. aa urovided and the same
shall be rscd bv tie judg:: -v.- at -4Mb election held under this
Clia-i::-. ."
Tim? Vet Inc. , , . ,
Section 7. AH c!eiUtr.f. : . "I ' serial, in the City of La
Grand", shall wv.'.'-nu St eteht o'clock in the morning and continue
until sev-n ' 1 ' rl in the evening of the same day, without closing the
polls. If any Judge or clerk fails to attend and serve at the opening
of the polls the judges of election may appoint another in his place.
If all the judges fail to attend, the legal voters present at any polling
jiicis iYitiy appoint others in their stead.
Preferencial System of Voting. Ballot
Section 8. The City j?eeorthr shall cause ballots for general and
special elections to be Prepared, printed and authenticated.. The bal
lots shall contain a (Complete list of offices to be filled and the names of
the candidates nominated therefor. When the number of cand:dates is
more than three tVmes the number of offices to be filled, each voter
shall have Wife right to vote for as many first choice candidates as
there are biftV.s to be filled, and may have third choice candidates when
it becomes necessary by reason of the numher of candidates, to obtain
a majority election. The form of ballot shall be substantially as foU
lows! '
GENERAL (OR SPECIAL) MUNICIPAL ELECTION ,
CITY OF LA GRANDE. o ' ,
(Insert Date of Election.)
Instructions: To vote for any person, make cross (X), in a square
to the right of name. Vote your first choice Xv the first column; your
second choice in the second column and yottr third choice in the third
column. Do not vote more than one chcitis for any one candidate. All
distinguishing marks make the ballot void. If you wrongly mark, tear
or deface ballot, return it and obtain 'another from the election officers.
If any voter shall' vote more than (one choice for any one candidate the
vote highest in grade shall be counted ana otners rejeciea
Fi& Choice Second Choice
I
Third Choice
COMMISSIONERS
Names of Candidates
REFERENDUM MATTERS TO BE VOTED UPON APPEAR HERE.
When the number of candidates is more than twice the number of
offices to be filled, and not more than tlirca times the number of ofili ;
to be filled, the ballot shall give first and second choice columns only;
and in such case the voter shall have no third choice and the instruc
tions on. the ballots shall be modified accordingly. When the number
of. candidates is not more than twice the number of offices to be filled
only one column for marking shall appear, and in such case no second
(choice shall be allow.ed the voter.
Requirements of Ballots.
Section 9. All official ballots used at any election shall be identical
in form and of white paper, and space shall be provided cn the ballot
for charter amendments or other questions to be voted upon at such
municipal elections. The names of candidates shall be arranged on the
ballot in the order in which the nominating petitions were filed; nothing
on the ballot shall be indicative of the source of the candidacy or of the
supnort of any candidate. No ballot shall have printed thereon any
party or political designation or marij. and thee shall not be appended
to the name of any candidate any party or political designation or mark,
(but words not exceeding twelve indicating his views on strictly munici
al questions or issues may be). Samnle ballots unon paper of differ
, ent color, but otherwise identical with the ballot to be used at the elec
tion, shall be posted on day of election and be had at the polls for use
of registered voters.
Nominations. .
Section 10. All general municipal elections shall be held And can
didates therefor shall be nominated in accordance with the general eke-'
toon laws then in force of the State of Oregon, or any amendment then-
x of, except as in this Charter otherwise provided. And provided, that certi
ficates of nominations made by Individual electors shall be signed by not
- less than ten (10 per cent) per cent of the total number of electors vot
"8L.2t he '2st Preceding city election, and provided further, that all ;
certificates of nominations shall be filed with the Recorder of the City
- v,. mi icsa nmn wn aays oeiore the day fixed bv la
for said election. : . . . , , . ' ,
Qualifications of Judges and Clerks. f
Fen'.cn 11. Judges and clerks of election shall possess the ovali. ?
ficatiuns of voters of the precincts in which thev r-r:'K hut a mistake or
error in this respect or failure to give notice for the full time required
herein shall not invalidate any election otherwise legal. , .
Election Canvass. a .
S!ttion-12l ,?? oj, before two (2) days after the election the re
turns thereof shall be filed with the City Recorder, and on the fourth day
after the election, tor sooner if the returns of all the voting precincU ar
in, i the City Recorder shall call to his assistance two electors, who are
not candidates for election to any City office, and they shall canvass the
returns of the election. . i
Statenu-nt of Returns. 4
... Section 13 A written statement of the canvass of the vote at 'any
City election shall be made and signed by the canvassers or a maiV-v
of them, and filed with the City Recorder within the time appointed to
complete the canVass and said statement shall be entered by the Cty
, Recorder at large in the proper records of said City, to be. kept for such
purpose. Such written statement must contain the whole number of '
votes cast at such election; the number given for each person for any
office, and the names of the persons and . the offices to which they were
elected, and also, the number of votes. cast for or against any measure
submitted by the Commission to such election. , ; .
V V. V Certificates of Election. f
Betlon. u- Immediately after the completion of the canvass, the
City Recorder must make and sign a certificate of election for each per-
' son declared thereby to be elected and deliver the same 6 him on de-
y mand; and also shall make and sign a certificate of the result of any
initiatory or referendum measure, and declare whether the same was
forthwith1" defeated' Bnd 'deliver -said certificate to the Commissioner!
Election Contests. . ".!..'.' ;
'. . Section 15 - A certificate of election is prima facie evidence of the
facts therein stated and m case of a contest between two persons claim- '
' 1ng to be elected to the same office, the right to the office shall be deter-'
mined by an action at law in the same manner as contested elections to
any county office, are determined. In case of a tie vote for candidates for
the same office, the right to the office shall bd decided by castine lots.
Election Under This Charter. ,
Section 16. The first election under this Charter shall be held with
in twenty (20). days after the same is adopted by the electors of the
Uty of La Grande at a special election called for that purpose. Said
first special election shall be held and notice given thereof under the
direction of the Recorder of the City of La Grande, then in office, in the
manner prescribed by this Charter for the holding of general and spe
cial elections. Every person elected or appointed to office under this
Charter, before entering upon the discharge of his duties as such officer,
shall qualify by taking and filing with the said Recorder an oath cf offlci
in the following form: "I, .....;.. do sol
emnly swear that I will support the Constitution of the." United States
Jndu2fi, S.!?te of, Oregon, and that I will to the best of my ability -
faithfully perform the duties of the office of of the
City of La Grande, during my incumbency thereof." And he shall exe
cute and deliver to the Recorder of the City of La Grande, whenever re
quired by Ordinance or Resolution, a bond conditioned as may be re
quired by this Charter; or the Commissioners, and in such sum as they
may require for the faithful performance of the duties of his office, with
good and sufficient surety or sureties to be approved by the commission
ers. A bond given with a competent surety company may be accepted
c i- , .,S5ate Laws. When May Govern.
, Section 17. All laws of the State of Oregon regulating and govern
ing general elections and proceedings and matters incidental thereto
shall so far as applicable govern herein except as otherwise provided
' '.7, .. .' ""r CHAPTER IV. '
l. "Z ' OF VACANCIES IN OFFICE. "
When Vacant: Leave of Absence
Section 1. The office of Municipal Judge as well Us appointive of
fices shall be deemed vacant whenever the incumbent thereof shall be
absent from the City for three (3) days or by death or resignation or
upon his ceasing to possess the qualifications required; provided, how
ever, that the Commission may grant leave of absence to any member
of the Commission or to such General Manager or Municipal Judge for
a period not exceeding thirty (30) days at one time; and he General
Manager may grant leave of absence to any other officer of the City
appointed by him, for a period not exceeding fifteen (15V days at any
one time; provided no officer shall draw compensation while so absent
Time of Appointees to Qualify.
Section 2. An officer appointed to any office, including an appointee
to fill a vacancy, must within two (2) days from the date of such ap
pointment qualify therefor or he shall bo deemed to have declined the '
appointment, and another appointment shall be made as provided for
by this Charter. ,
1 CHAPTER V.
;' '' OF THE COMMISSION.
'! ' . Qualifications.
Section 1. No person is eligible to the office of Commissioner wW
at the time of his election is not a resident and legal votor of the City
. of La Grande, and entitled to the privileges of an elector, according to
the Constitution and laws of the State of Oregon, and who has ndt
resided in the City of La Grande for one year next preceding' his elec- g
tion. Before entering upon his duties tie must take and file with ths
Recorder an oath of office.
Term of Office.
Section 2. The term of office of the Commissioners shall commencs
on the second day of January after the preceding election in December,
unless the same faH on a legal holiday, when his term shall commence the
next day and continue for three years, and until his successor is duly
elected and qualified; except that at the first election under .his Charts,
there shall be elected one Commissioner for the term of one yeaT, on
Commissioner for the term of two years and one Commissioner for the
term of three years. 1
Organization of Commission.
Section 3. The Commissioners shall elect one of their number Ch-MT- -man,
at their first meeting in January, who shall be desiimatid anfl
known as the President of the City of La Grande. In case f vnennov
as Chairman, such vacancy may be filled at any time by them. He shall .
preside at all meetings of the Commission, provided, that in his absence
or inability to act then the Commissioners shall choose a ehairmsn pTe
tern, from among their number. The Chairman as such President of the
City of La Grande shall approve and sign all rules, resolutions and orrii- .
nances adopted by the Commission in the manner hereinafter descrftdd.
The term of such Chairman shall end with the year in which he is slivtvL
Compensation?.
'Section 4. The Commission shall hold a regular mooting enre e--err
week and for each regular meeting actually attended by him each Com
missioner shall receive not more than $5.00 for his services.
Vacancies. (
Section 6. The office of Commissioner shall be deomed vacant. ttjkb
the death or resignation of the incumbent or. upon his ceasing to pos- .
sess the qualifications of an elector, or upon absenting himself from the
City for a period of thirty days, unless granted a leave of absence, or if
he shall fail to attend three successive resular meetinira of the Commis
sion. A vacancy in tho office of Commissioner shall be filled by election
by the remaining commissioners w'hin thirty dnys after the vacancy
occurs, and if said commissioners shall fail to fill said vacancy during
said thirty days, t'-o Recorder of the City of La Grande snail call a spe
cial election with; enty days thereafter, givire notice in the manner
provided for the l.-iuing of a general City election and the 5"dcos an3
clerks of election appointed for the last preceding election shall bo the
judges and clerks for such special election, providing that vacancies in
the.judges and clerks of election shall bp filled in the manner prescribes
at a general City election. At said special election a new Commissioim
shall be elected to fill said vacancy; provided further, that if a vacancy irr
the office of Commissioners occurs within two months immediately pre
ceding the time of a general City election, not filled by the remTimmt
Commissioners, then the vacancy shall not he filled until such mrohn
City election; provided that any Commissioner bo appointed or effcj
r To BekTunucdO " " " ' "7
'!'