La Grande evening observer., August 15, 1913, Image 3

FRIDAY, AUGUST 15, 1913.
LA GRANDE EVENING OBSERVER.
"Vfr"''
FAOE TDBS3 ;
PROPOSED CHARTER PREStNTED
in Dime th i rpii witcoc
III I fill I U u I U LLUilL 1U I L1IU
For the benefit of legal voters who .voters can absorb portions of the char
majf not have time to devote careful L ; ' . -'- . , . y
study to the proposed charter, the Ob- each day 8nd prbab,y become ad
server will from time to time present j Knar acquainted with the pro
sections of the proposed commission , visions of the document. oTday pre
form of government. In this way the .sents the second installment. ...
- (Continued from Thursday's Da!) ... J , .
at a special election, to fill such vacancy, shall hold office until the next
general election and qualification of his successor, who shall be elected
ty fill the unexpired term.
'.: ' ' Meetings. .''
. i Section 6. The Commission must provide the time and place of its'
regular meetings, from which it may adjourn to the next succeeding reg
ular meeting, or to some specified time prior thereto, which adjourned
meeting will be deemed to be a continuation meeting. Special meetings
of the Commission may be called by the Chairman, or the other two
members of the Commission, at any time .upon not less than six hours'
notice by personal service before such meeting. : ,
Quorum; Compelling Attendance. ' ' ;
- : Section 7. A majority of the Commission shall constitute a quorum
to do business, but a less number can appear and adjourn from time to
time. The Commission, or any one of them, can compel the attendance
of absent members in such manner and under such penalties as may be
prescribed by Ordinance. ' . ..
Rules and Records.
Section 8. The Commission may adopt rules for. the government of
, its members and its proceedings. It must keep a journal of its proceed
ings, and upon the call of any commissioner must cause yeas and nays to -
be taken and entered in its journal upon any question before it. Its de
liberations and proceedings must be public. It shall provide a separate '
record for the minutes, and a separate record for the ordinances and a
separate record'for resolutions. Ordinances and resolutions may be re-'"
ferred to in the minutes by appropriate number. The minutes, ordi
nances and resolutions shall be speedily recorded and the records thereof .
indexed and cross-indexed so as to render the same conveniently acces
sible to the public. The concurrence of any two members of the Conv
mission is necessary, and sufficient vote to determine any question or
matter under consideration by the Commission. v
Annual Meeting.
Section 9. On the second day of January, unless a legal holiday,
then ij'.e next day, following any general city election, and also, follow
ing the first election under this charter, there must be a regular annual
. meeting of the Commission, and such meeting is designated and appoint
ed by this Charter, and no notice thereof is necessary. . ;
. General Duties
Section 10. It shall be the duty of the Commission to enact ordi
nances, and they may repeal ordinances, ' as shall be required by the
pub!-: good, tuke care that the business character and ability of the Gen
eral Manager is sufficient to enforce the municipal, law, perform his
- duties and services for the best interests and welfare of the municipal '
government, and in a careful prudent' and business-like manner, and the
Commissioners shall be responsible to the city for the strict and efficient,
performance of his duties. They shall at each regular meeting investi
. gate all matters of importance to the city coming to their attention, either
by observation or by report; listen to petitions and grievances and sug
gestions which may properly be presented to them; obtain from the
General Manager weekly reports and act upon them; take and approve
all official undertakings which this Charter' or the ordinances of the city
may require; require any officer to give security for the faithful per
formance of his duties; and the Recorder shall indorse the approval of the
Commission upon such undertaking, together with , a reference to the
.... book and page of the minutes whore the' approval is found, and attach
his signature thereto; and the said Commission shall be ordinance limit
and fix the salaries and compensation of all officers provided for by this
Charter; provided, the salary of the General Manager shall not exceed
thirty-six hundred dollars ($3600.00) per annum; and the Commission
. shall perform such other duties, and in the manner as may be pre
scribed hereafter by this charter.
CHAPTER VI.
POWERS OF THE COMMISSION.
The Commission of the City of La Grande has full power and au
thority within the City of La Grande. '
General Levy of Ten Mills.
Section 1. To levy taxes for general municipal purposes not to ex
ceed ten mills on the dollar per annum, upon all property, both real and
personal which is taxable by law for state and county purposes.
Special Levy of Ten Mills.
Section 2. To levy a special tax not exceeding ten mills upon all
tho propel ty assessed by authority of Section 1 for any specific object,
including special road taxes, sinking fund tax, interest fund tax, li
brary tax, or any other specific purpose, within the powers of this
Municipal Corporation, including the payment of any . debt, but the
ordinance providing therefor must specify the object and purpose thereof.
The City May Be Bonded.
Section 3. To provide for the issuance of bonds by the City for
any specific purpose, and to designate the manner and time for the
payment thereof and the interest thereon.
How May Be Bonded. ' .
Section 4. Whenever the City of La Grande shall contemplate the
, issuance of bonds for any improvement or public purpose under this
Charter, except bonds fesued for public improvements where the cost
thereof is assessed to the property specially benefited, the Commission
shall, by ordinance or resolution, direct the manner in which the esti
mate of the cost of such improvements shall be ascertained, and such
estimate shall be filed with the Recorder) and before any bonded in
debtedness shall be incurred for such purpose, the Commission shall
cause the question of its incurrance to be submitted to a vote of the
electors of the City at a special election called by the Commission for
. the purpose, to be held after a similar notice is given as in the. case
of a general municipal election, which election shall be held in a similar
manner to the general municipal election, and each ballot voted in
said election shall have printed upon it a brief statement of the pur
pose of the election and the words, "Bonds ec" and "Bonds No", and
each person voting shall make a cross between the words "Bonds Yes"
or "Bonds No", as he favors or opposes the issuance of bonds. If at
such election the majority of the legal votes cast shall be in favor of
incurring the indebtedness, then such indebtedness to the amount of the
estimated cost of the contemplated improvements as submitted to the
. voters, or so much thereof as may be necessary, may be incurred; pro
' vided, that such vote may also hi taken at any regular election. The
Commission shall procure blank bonds of a suitable design in amounts
of One Hundred dollars (100.00) 'each, or any multiple thereof up to
One Thousand dollars ($1,000.00) each, which bonds shall be made
payable in twenty (20) yeans or less, as the Commission may by reso
lution or ordinance determine. Said bonds shall draw interest at the
rate of not to exceed five per cent (5 per cent) per annum, such rate to
be fixed by the Commission by ordinance or resolution, and interest on
said bonds shall be payable semi-annually. Said bonds shall be signed
by the Chairman of the Commission, attested by the Recorder of the
City of La Grande, upon being authorized so to do by the Commission
by ordinance. Said bonds shall be placed in the hands of the Recorder
who shall register the same in a book kept for that purpose, by enter
ing the number and amount of such bonds, the date of issue, the date
. when due, and the place where' payable. This section shall not apply to
the issuance of bonds upon the application of persons whose property
has been taxed for local improvements and the assessments therefor
' made payable in installments as hereinafter provided.
License on Callings and Amusements.
Section 6. To license, tax and regulate brokers, auctioneers, tav
erns, hawkers, peddlers, pawnbrokers, wash-houses, laundries, bill
posters, places of public amusement or entertainment, including theatres,
opera-houses, exhibitions, shows and the like, hotel and restaurant keep-
ers and runners, dealers in second hand articles or merchandise, the
keeping of billia- tables, pool tables, bowling alleys, shooting galleries
for profit, and such other business and professional callings as the
- public good may reqiire to be licensed, taxed or regulated, and as are
not otherwise prohibited by law; and for the purpose of this charter, to '
define and declare what constitutes any such professions and callings,
or places of amusement or' entertainment.
- Teams and Transfer Licenses. " -
Section 6. To license, tax and regulate livery or boarding stables;
hacks, cabs, carriages, wagons, carts, trucks, drays or other vehicles '
used for the transportation of persona or passengers or goods, wares or
merchandise, earth, rock, building materials or other articles, for com
pensation within the limits of the City, and to prescribe the rates to be
- charged for such transportation. . r . i ; 'j-
, Saloon Licenses; Offensive Callings.
Sectlqn 7. To prohibit the dealing in spirituous, vinous or malt
liquors, and decide what constitutes spirituous, vinous and malt liquors; .
the keeping of bar rooms, drinking shops or places where such liquors
. are kept for sale or in any manner disposed of, and the sale or disposal
thereof; to prohibit all offensive or dangerous trades, employments or
business; and for the purpose of this, charter, to define and declare who
is a keeper of a bar room, drinking shop, or place where spirituous, .
vinous or malt liquors are sold or disposed of, and what is a bar room,
' drinking shop, or place where spirituous, vinous or malt liquors are .
sold or disposed of, and what are offensive or dangerous trades, employ
ments or businesses; but this section does not empower the City of La '.
Grande to declare a trade, employment or business offensive or danger-
' ous contrary to the common understanding of the subject; nor to au-'
thorize anyone to do any act or. engage in any business contrary to the
law of the land. And to license, tax, regulate and restrain bar-keepers,
' saloon-keepers, dealers in or manufacturers of spirituous, vinous or
malt liquors and places where such liquors are kept for sale or in any
manner disposed of, and the sale and disposal thereof.
Jails ffnd Other Public Buildings.
Section 8. To purchase sites for public purposes, and provide for
i the erection of city halls, jails, houses of correction, work-nouses and
- any other public buildings, and for the government and management of .
.' the same.
Selling Property for Taxes. ':
Section 9. To purchase, take and hold real property when sold for
delinquent taxes or assessments levied or 'imposed under the authority
of the City of La Grande, and to sell the same. '
Special Assessments;. Bonding Property Therefor. ,
t - Section 10. (a) ' To provide for the opening, grading, macadamiz
ing, paving and otherwise improving the streets and alleys of the city,
and to assess the cost thereof to the property specially benefited thereby. ,
(b) . To provide a general sewerage system for the. city, the laying of
the necessary mains and laterals therefor, and to assess the cost there
of to the property specially benefited thereby.
The meaner in which all public improvements shall be made, and
' the cost thereof assessed to the property specially benefited .thereby, at
provided for by this Chapter and other provisions of this Charter shall
be as follows: , :.v.. . 1 v
First: The Commission shall create by resolution an Improvement
' district and fix the boundaries thereof, which shall include therein all
.property to be affected or benefited thereby.
. . ' Second: The Commission shall then cause plans and specifications .
of the" improvements to be prepared and submitted to them for con
sideration. Said plans and specifications may be standard plans and
specifications for the particular improvements contemplated. Said plans
and specifications shall thereafter be adopted.
Third. The Commission shall appoint two of their number as a
Committee of Estimates and said committee shall examine all property
affected by said improvements and upon which local assessments are to
' be levied as to the extent and valuation, if any, of the special benefits to
be derived by said property by reason of the improvement. Said Com
mittee shall then repprt their findings in writing to the Commission.
Said report shall contain the follqwing:
(a) The boundaries of the district to be affected or benefited by
such improvement. '
(b) A general statement as to the character of the improvements,
and refer to the plans and specifications theretofore adopted for the spe
cific improvement, or tohe standard plans and specifications, as the case
may be. '
(c) A general statement of their findings as to whether or not the
property within the improvement district is benefited.
. (d) The estimated total cost of said improvement.
(e) The description of each lot or parcel of land and the estimated
proportion of the cost of the improvement which applies against the
same, together with the name of the owner or the reputed owner thereof.
The Commission shall then consider the said report and may enlarge
or diminish the improvement district, alter the amount or change the
character of the improvement or the plans and specifications thereof, .
amend, alter, modify or change the report of the Committee on Estimates
and adopt the same in whole, or any part thereof, either in the original,
enlarged, diminished, changed, altered, modified or amended condition.
Fourth: After the Commission has created the appropriate im
provement district, adopted plans and specifications, general or special,
appointed a Committee Son Estimates, received their report and acted
upon the same, and finally approved and adopted the same, the Com
mission shall fix n time and place when the Commission will meet, hear
and determine objections, remonstrances and claims of grievance of
; persons interested there'n and direct the City Recorder to prepare and
the police to serve a notice to all whom it may concern, of the intention
of the Commission to make the improvements, mentioned in the proceed
ings. Said notice shall contain, among other things, the following:
.- (a) The boundaries of the improvement district to be improved
or benefited as finally adopted by the Commission.
(b) A description, generally, of the improvements so proposed, re
ferring to the plans and specifications adopted therefor. ' '
(c) The time and place when the Commission will meet to hear and
determine all objections, remonstrances and claims of grievance, of any
person interested. ,
(d) The. date issued and the signature of the City Recorder.
. Said notice shall be personally served at least ten (10) days prior
to the date fixed for said hearing upon the property owner, or occupant
of the property, within said improvement district, or in the absence of
' such owner or occupant, said notice shall be published for ten (10) suc
cessive days, except Sunday, immediately preceding the time fixed for
said hearing. Proof of service shall be made by the affidavit of the po
lice, and of service by publication by the. owner, manager or printer s
mission shall have power, by appropriate summary proceedings to cor
tional expense which the city has incurred by reason of the improve
ment; and any person interested shall be heard thereon, and said state
ment and objections thereto, if any, shall be considered and determined
by the Commission and adjusted as they may think proper. The Corn
foreman of the newspaper in which said notice was published. Said
affidavit shall be filed with the City Recorder on or prior to the time
fixed for the hearing; provided, that the Commission may adjourn said
hearing to a later date to enable proof of service of said notices to be
made and filed. . ,
Fifth: The Commission in its discretion may adjourn said hear
ing until a later date, but not later than thirty (30) days thereafter. At
the time and place fixed for said hearing, or any adjournment thereof,
the Commission shall hear and determine o"bjectionSi remonstrances and
claims of grievance of any person interested in said improvement. Af
ter a substantial compliance with the foregoing requirements the Com
; mission shall be deemed to have acquired jurisdiction to make said im
provement; provided, that if the owners of fifty-five (55 per cent) per
cent of the property to be affected by said improvement measured by
the front foot object to said improvement, the Commission shall bi
ousted of jurisdiction for a perid of six (6) mnths thereafter. At the
end of Bix (6) months, new proceedings may be initiated for the im
provement contemplated, or any part thereof. Jurisdiction once obtained
shall be deemed continuing jurisdiction to make assessments as herein
after provided. a. ,
Sixth: The Commission shall then advertise for bids for the mak
ing of said improvement and shall let the contract for such improvement
to the lowest responsible bidder, whose bid does not exceed the estimated
cost of such improvement; provided no patented material used in a
contract shall be so designated, so as to prevent competition or the con
sideration of other material equally as pood; provided that the con
tractor or contractors shall expressly agree in the contract entered into
for making such imporvement, that he or they will accept at par the im
provement bonds issued by the citv to pay for such improvement In
payment therefor, and that he or they will look alone to the pronertv
assessed as special)" "'' ' - ""' improvement for the payment of ;
the contract price of said improvement and the special improvement
bonds taken in payment thereof, including interest as well as principal.
Seventh: When said improvement is completed and accepted the
Commission shall direct the City Engineer to prepare a statement of the
entire cost of the same, together with a description of the property bene
fited thereby and the names of the owners, or reputed owners thereof,
as described in the report of the Committee on Estimates, as adir-td -by
the Commission; he shall include in the cost of said improvement he
contract price thereof, the expense of advertlsin, enginsrine au4 4 '
terest, if any, upon Improvement fund warrants drawn in partial or 1W '
payment of the contract price, as the case may be, and all other ad---
tional expense which the city has incurred by' reason of the impipy
: ment; and any person interested shall be heard thereon; and said state'"
mont and objections, thereto," if any, shall be considered and detfrminfl
by the Commission and adjusted as they may thing proper. " The Cew
mission shall nave power, by appropriate summary proceedings to cor
rect any clerical error appearing therein. ' .','.,;;,,.
Eighth: Said assessment shall be declared, the assessment roll pro
vided for, and the time and manner of collection of said assessment fixedU
by ordinance. All special assessments to cover the cost of any public
improvement herein authorized shall be levied and assessed upon aaeV
equitably apportioned among all blocks, lots, parts of blocks and lotaw
lands and real estate included within the boundaries of the impreveroe
district created for such public improvement to the extent of and in pro
portion to, the benefits to such blocks, lots, parts of blocks and lots, an,
real estate, by reason of such improvements; such assessments to b
adjusted and proportioned in a, uniform manner. -' '
Such assessments may be according to the square feet or foot front
age, and the expense of improving all intersections of streets and spaces
opposite alleys, in any district ordered to be improved shall be equally
borne by and apportioned among the owners of said property abutting:
upon, contiguous, adjacent or tributary to said intersections and space
opposite said alleys, according to the benefits which said properly re
ceives by reason of said improvements; but the Commission in its disere- '
tion may declare the expense of improving all intersections of streets anal
spaces opposite alleys to be a public purpose and to pay for the saroe
out of the general fund, or issue bonds for the payment thereof in that
manner provided in Subdivision Third of this Section, arid the Commis
sion may submit to the legal voters of the City the question of whether
or not the city shall refund to property owners the cost and expense or
all intersections of streets and spaces opposite alleys in any district
heretofore improved, the cost and expense of whish has been assessed Urn
the property owners affected and benefited, and when authorird by a
jonty of the legal voters of said city shall Incur indebtedness in the man- ''
ner prescribed in Subdivision Third of this section, but nothing herein
contained shall be construed to exempt any street railway, or other rail
way company, from keeping every portion of every street, alley and! ave
nue used by it, upon and across which its tracks shall be constructed at
or near the grade of such streets in good and safe condition for public
travel, but it shall keep the same planked, paved, macadamized or oth
erwise in such condition for public travel as the Commission' of said
City may from time to time direct, 1 Tho portions of the streets and 'al
leys to be kept and maintained by all such street railways or railway
companies shall include all the space between different rails and tracker -and
also a space outside of the outer rail of each track of at least two
feet in width, and the track herein referred to shall include not only the
main track but also all side tracks, crossings- and turn-outs constructed'
for the use of such street railway or other railway. Special assessments''
made and levied to defray the costs and expenses of any work or improve- :
ments contemplated by the provisions Of this section) and the cost of the
collection thereof, shall constitute a lien upon and against the property
upon which said assessment shall be made and levied, from and after Hue
date of the ordinance declaring the said assessment, and such assess
ment shall be collected in the manner prescribed by this Charter and the-'
ordinance declaring the assessment. . When the -cost of any public im- ,
provement shall have been assessed to the property benefited thereby- ''.
the Recorder of the City of La Crando shall enter in a docket to be kept
for that purpose and known and designated as the Bond Lien Docket
under separate heads for each public improvement by number or namav '
a description of each-lot or parcel of land or other property against:
which such assessment is made or which bears, or is chargeable, with,
the cost of such improvement, with the name, of the owner and the -:
amount of such unpaid assessment. , Such docket shall stand thereafter
as a lien docket aB for taxes assessed and levied- for the City of - U,
Grande, and for the amounts of such unpaid assessments therein dock-' .
eted, with interest on said unpaid assessments at the rate of six (C) per
cant per annum against each such lots or parcels of land or other prop ,
erty until such tissessments and interest are paid In the mannet here
inafter provided; and all unpaid assessments and interest shall be anv .
remain a lien on each lot or parcel of land or other property respective
ly, in favor of said City of La Grande, and such liens shall have priority
over all other liens and incumbrances whatsoever. When such Bond Lieic '
Docket shall be made up as hereinbefore provided as to the aHsessmen
for any public improvement, the Commission of the City of La Grnndte ;
shall, by ordinance, authorize the issue of Improvement Bonds of th : -City
of La Grande in convenient denominations not exceeding ftve Hun- .
dred ($500) Dollars each, and in all equal to the total amount of unparof
assessments for such public improvement, and such bonds Bhuil, by the- ,
terms thereof, mature in ten (10) years from the date thereof and be
payable in gold coin of the United States, and bear interest not to exceed!
six (6) per cent, per annum, interest payable semi-annually, said inter
est to be evidenced by coupons attached to said bonds; provided, the right
to take up and cancel such bond or bonds upon the payment of the face"
value thereof with accrued interest to the date of payment, at any semf
annual coupon period at, or after one year from the date of such bond
or bonds, shall be, and hereby is, vested in the City of La Grande issuingr
such bond or bonds. Notice that certain bonds are to be taken up an2
.cancelled as aforesaid and that the interest thereof shall cease at the
interest payment period next following shall be published in a newspaper,,
printed and published in the city of La Grande, and of general circulation
in Union County, not less than twice during the month preceding snidl
semi-annual period; and after said semi-annual period, interest upon the.
bonds designated in such notice shall cease. Such bonds, before issuance
shall be signed by the President of the City of La Grande, and coun
tersigned by the Recorder of said City and authenticated by the seaC
of the City attached thereto, and shall be registered consecutively by
number and denomination of each, in a book to be kept by the Recorder .
of the City of La Grande, to be known and designated as the "Improve
ment Bond Register." ' . ,
Each of Such bonds issued for public Improvements shall hnve dis
tinctly and plainly inscribed or printed on the face thereof the rogistoredl :
number of said bond and the words "Improvement Bond, District Num
ber created 19...," with the name nf the City o
La Grande' issuing the same. ' Such bonds shall be advertised for sale
and sold for the highest price obtainable, but for not less than par nndJ
accrued interest; and the proceeds thereof shall be paid by the purchaser
to the Treasurer of the City of La Grande and credited to the rcspertivfi
public improvement funds for which said, bonds are issued, providocC
that said bonds may bo delivered by the city to the contractor in pay
ment, at par, upon the contract for the improvement for which siurh bono's1
are issued. . .
Thereafter there shall be due and payable annually for ten (10) suc
cessive years, to the Treasurer of such City, by the owner of each Uft:
parcel of land or other property assessed for such public improvement
ten (10) per cent, of the cost of such public improvement nsscFsod agnin-v
the property of such owner as appears by the bond lien docket hereinabove
describee with the amount of one year's interest at six (0) pr cent. per-;,
annum on all unpaid assessments or installments. The first pnymcrjS;
aforesaid shall be due and payable at the expiration of one yea.r fro-.) tfic
date of said assessment in the bond lien docket, and subsequent phymtintf
at the expiration of each year thereafter. Should such owner or owners ;
neglect or refuse to pay the sum or sums aforesaid, as the spmo shaW
become due and payable, for a period of twenty (20) dc.ys then the r.?-ih
shall be collected in the same manner and with the same penalties ns d
linqnent public improvement assessments are paid and collected in tbi
city of La Grande. It shall be the duty of the Recorder of the City o;f".
. La Grande, when the installments and interest on any assessment in tfiti
Bond Liea Docket are due, to make the proper extensions of such .w
stallments and Interest on said Lien Docket ajsd turn the same over ti-
the Treasurer of the City of La Grande, whose duty it shall bo to notify
thp owner or owners of property, that the installments aforesaid are hne
and payable, but a failure of such owner or owners to receive such no
tice shall not be taken or held to prevent the collection of the same as
herein provided. The Treasurer of said City shall issue a receipt to the
person or persons paying said installments and interest and shall file du
plicates of said receipts with the Recorder, and when the Treasurer re
turns said P--d Lien Docket, said Recorder shall make the proper entries?
on sp-'d Bond Lien Docket, showing the amount of each payment and tfie
date thereof, provided, however, that at any time after issuance of sucK
bonds, any owner at tho time being of any such lot or parcel of land or
other property against which such assessment is made and lien docketed
may pay into the City Treasurer of the City of La Grande the whofcv
amount of Buch assessment and for which such lien is docketed, together- ,
with the full amount of interest and costs accrued thereon to such date
of payment and upon producing to the Recorder of said city the receiptt:
of the Treasurer of the city of such paymen( in which receipt shall w ,
(ConMnued on Page 4)