CROOK COUNTY JOURNAL
PAGE 5,
Ordinance No. 234.
"An ordinance adopting and sub
ntittinur to the qualified electors of
the city of Prineville, Crook county,
Oregon, an amendment to the char
tir of Hiild city, relating to the limit
of tho urnount of tint city Indebted
ncHN uml granting to the common
council of s.id city the power to
buy, lniild, f(ulp, acquire, lease,
own, maintuln and operate railways
and railroads operated by steam,
electric, or other power, within or
within und without tho boundaries
of mild city, or from wild city to
other towns, cities or points without
tho boundaries of said city, and to
acquire righut of way, tertninala,
easements and real projicrty within
and without tho bouudiirlei of said
city, and to bring actions for the
condemnation or taking of private
property for public use in the name
manner an private corporation are
now authorised or permitted to do
under tho lawn of the state of Ore
gon, and to exercise any one or
more of said powers, and to borrow
money and fund Indebtedness to
carry out any one or more of said
powers by Issuing and selling the
negotiable warrunts or bonds of
aaitl city to tho aggregate amount
ofllOO.niX) for railways or rail
roads, right of way, terminals
easements, or real property per
tabling to a rtilway or railroad,
aid warrants or bonds bearing in
terest at not more than six per
centum per annum, payable semi
annually; and providing for the lew
ami collection of a direct annual ad
valorem tnx on all tho taxable
property in said city in addition to
all other taxes, sullicinit to pav the
interest on said warrants or bonds
promptly when arid as tho same
become due and to provide a sink
ing fund with which to pay the
principal thereof at their maturity,
and providing a iwnalty for the re
fusal, neglect or failure to make, or
cause to be made, such levy, assess
ment, collection or pavnient;' pro
viding that after the delivery of
Ktiil warrants or bonds, the ordin
ance authorizing the issuance and
sale thereof and levying taxes
therefor shall be irrepoulahle and 'hat
said warrants or bonds and the levy,
assessment ant) collection of taxes
for the payment of the principal or
interest thereon shall be incontest
able and that the cIiism-s, kinds, or
amount of property subject to tax
es, or the method or manner of the
levy, assessment or, collection of
taxes thereon as provided by law at
the time of the passage and approv
al of tho ordinance issuing same
shall not be changed in any manner
go as to reduce or diminish the se
curity fur such warrants or bonds
or any of them or the interest
thereon, or lessen the power, au
thority or ability of said city to
raise funds sufficient to pay the in
terest on said warrants or bonds
promptly when and as the same be
comes due, and to discharge the
principal thereof at maturity, as
provided in tho ordinances issuing
such warrants or bonds, or any of
them, so long as any of said bonds
or warrants, or any of the interest
thereon remains unpaid; and re
pealing all parts of the charter in
conllict with said amendment; adopt
ing a ballot title for the amendment
submitted; designating the form of
ballot, the polling places and tho
hours the polls will lie open; ap- j
pointing the judges and clerks of
election; prescribing the form of
election notice and directing the
posting and publishing of the same,
repealing all ordinances or parts
thereof in conllict herewith; and
declaring an emergency."
The I'oople of I'rineville Do Ordain
as Follows;
Section 1. The common council
hereby proposes, adopts and sub
mits to the qualified electors of the
city, an amendment to the city
charter, being the act of the legis
lative assembly of the state of Ore
gon for the year lS'.tt), entitled:
"An Act to incorporate the City of
I'rineville, Crook County, state of
Oregon; and to repeal an Act, en
( titled: 'An act to incorporate the
Town of I'rineville, Wasco County,
Oregon,' approved October 2;!, 1SN0;
and to repeal an Act entitled: 'An
Act to amend an Act entitled: 'An
Act to incorporate tho Town of
I'rineville in Wasco (now Crook)
County, Oregon.' approved October
2.'l, lUSO, 'and to repeal all Acts, or
parts of Acts in conllict 'herewith,'
approved February 14, 1N87; and to
repeul an Act entitled; 'An Act to
amend Section 17 of an Act entitled:
'An Act to incorporate the Town of
I'rineville, in Wasco County, Ore
gon,' approved October 23, 1880,'
filed in tho olliee of the Secretary of
Btate February 18, 1891." approved
February 16, A. D., 189!) and all
amendments thereof, either by act
of the legislative assembly or by
initiative proceedings, and particu
larly an assembly or by initiative
proceedings, and particularly an act
of the legislative assembly of the
state of Oregon approved l'ebruary
12, 1903 und filed in the olliee of
the Socretary of State l'ebruary 13,
1903, and a Yneasure submitted to
the qualified electors of the City of
i'rineville mid adopted at an election
held November 15, A. l 1915,
more particularly by amending S.c
tlon 25, Chapter 5, of said charter
as originally enacted and as amend
ed by udding hereto a further sub
divison to be No. 58, the said sub
division No. 58 of Section 25, Chap
ter 5 of the charter of said :ity to
bo in words and figures as follows:
58. Tho common council Is
hereby granted tho power for and
on behalf of the city to buy, build,
equip, acquire, lease, own, operate,
ami maintain railways and railroads
operated by steam, electric or other
power, within or within and without
the boundaries of the city, for the
benefit and use of the inhabitants
thereof, and for profit, said rail
mail or railroads to run within or
within and without said city or
from the city to other towns, cities
or points without the boundaries of
the city, and to acquire rights of
way, terminals, easements and real
property within ,ftnd " without iW
bountlaries, and to exercise any one
or more of siid powers, and to bor
row money and fund indebtedness
to carry out any one or more of
said powers by Issuing and selling
a. public or private sale, with or
without advertising such sale, the
negotiable warrants or bonds of the
city In an amount not exceeding the
principal sum of 1100,000 for rail
roads, rights of way, terminals,
easements, or real property for any
such railroad or railway, said war
rants or bonds bearing interest at
not more than six (0) per cent per
annum, payable semi-annually
i'rior to tho authorization of sale
thereof, the council, by ordinance,
shall prescribe, fix and determine
the form of such warrants or bonds,
as the case may be, their date, tie
nomination, the date or dates of
maturity ol such bonds not exceed
ing thirty years, the rate of inter
est, place of payment, and the
principal use or uses to which the
proceeds derived therefrom shall be
applied, and shall levy and assess on
all of the taxable property of the
city, in addition to all other taxes
provided by law ahd the charter
same to be collected, sullicient to
create a fund to pay tho interest
accruing on said bonds promptly
when and as the same becomes due
ami to establ'sh and maintain a
sinking fund with which to discharge
the principal thereof at maturity,
which ordinance shall upon delivery
of the bonds to the party entitled
thereto, lie thereafter irrepealable,
and the classes, kinds or amount of
proierty subject to tax or the
method ormannerof levy, assessment
or collection of taxes thereon, as
provided by law and the charter of
the city, at the time of the passage
and approval of such ordinance,
shall not be changed in any manner
so as to reduce or diminish the se
curity for such warrants or bonds or
any of them, or lessen the power,
authority or ability of the city to
raise funds sullicient to pay the
interest on said bonds promptly
when and as the same becomes due,
and to discharge the principal
thereof at maturity. Said council
shall also require the collection of
such taxes by the proper city anil
county officials authorized by law to
make such collections and the taxes
so levied, assessed and collected
shall be kept in a separate fund, and
said fund sludl be used solely in the
payment of the principal anil inter
est of said bonds or warrants, and
said principal and interest shall be
paid out of said funds at the time
or times provided according to law
and the tenor of said bonds or war
rants and coupons attached thereto.
Warrants issued under the provis
ions of this section shall be dru'vn
on the general fund and due pro
vision made, by the council, for
their payment through funds ob
tained from the levy and collection
of taxes on all the taxable property
of the city or from the sale of a
sullicient amount of funding bonds
of tho city which the council is
hereby authorized and empowered
to issue, negotiate and make pro
vision for their payment, as and in
the manner provided in this section
for municipal bonds- All bonds and
warrants of the city, when delivered
to tho purchaser, shall thereafter
be incontesatble, and their legality
shall not be open to contest by any
person or persons, corporation or
corporations, association or associa
tions, or by tho city, for any reason
or reasons whatever.
The council is hereby authorized
and empowered, for and on behalf
of the city, to bring actions for the
condemnation or taking of private
property within and without the
boundaries of the city for public use
in the manner as private corpora
tions are now authorized or per
mitted to do under the laws of the
state.
. In the event of the refusal, neg
lect or failure, of the city or said
council, or any or all of the officials
of the city having to do with the
levy, assessment or collection of the
taxes provided in this section, or
the payment of the moneys thereby
derived to the holder or holders of
said bonds or warrants, or the
coupons appertaining thereto, to1
perform their several duties relative I
to such levy, assessment, collection
or payment, at the time or times
provided according to law and the
tenor of said bonds or warrants and
coupons, whereby any default oc
curs In the payment of the Interest
upon any of said warrants or bonds
or any pari thereof, of such inter
est, or the principal of said
warrants or bonds or any
part thereof at the time,
place, or manner of payment of
said principal or interest, and by
reason of such default, any suit or
proceeding is brought by the holder
or holders of any such warrant or
warrants, bond or bonds, coupon or
coupons, to recover any such prinei
lal or interest, due and unpaitl,
then and in that case the said city
shall be liable for and shall pay, not
only the prinehal or Interest, or
both, which may be due to such
holder or holders, but shall also be
liable for and shall pay all costs end
expenses of such suit or proceeding,
and also reasonable attorney's fees
amounting to the sum of ten (10)
per cent of the amount of the prin
cipal or interest, ir principal and
interest, as the case may be, for
which any suit or proceeding is
brought and all such costs and ex
penses of such suit or proceeding,
including such attorney's fees,
shall be, and the same hereby de
clared, so much additional indebted
ness of the city, which shall be in
cluded in any judgment obtained
against such city and the payment
of which shall be enforced in the
same manner and by the same
means as the payment of said prin
cipal and interest.
Kach of the provisions of this
section shall be self executing, and
the indebtedness herein authorized
shall not be construed as afTected by
any charter or statutory limitation
of indebtelness of said city; and the
council shall have full and complete
power to carry the provisions here
of into effect by ordinance or reso
lution and to make and let contracts
and purchase and sell property, in
order to carry out any one, cither
or all of the purposes and powers
herein named, without further au
thorization and without a vote of
the. electors, and to make all neces
sary rules and regulations therefor,
as herein provided; and any pro
vision or provisions of the charter
or ordinance of the city of I'rineville
which conflict with the provisions
hereof are hereby repealed "
Section 2. That the foregoing
amendment to,Section 25, Chapter
5 of the charter of the city is here
by submitted to the qualified elec
tors of the city for their rejection
or approval to be voted on at a
special election as provided in Sec
tion 3 of this ordinance.
Section 3 A Bpecial election is
hereby called and ordered to be
held in and for said city on the 11th
day of September. A. I)., 1916, for
the purpose of voting on the pro
posed amendment and the city re
corder is hereby diiected to give
notice of said election by publishing
the same for three consecutive
weeks prior to said election in The
Crook County Journal, a weekly
newspaper published and of general
circulation in said city, and hereby
designated the official newspaper
thereof, the last publication of
which notice shall not be more than
ten days prior to the date of said
election, and by posting the said
notice more than ten days prior to
said election in throe public places
in said city, which notice shall con
tain the full text of this ordinance
together with the ballot title and
number thereof, and the place of
holding the election; the time when
the polls shall be open and the
names of the judges and clerks of
election, and shall be in substantially
the following form:
SPECIAL CITY ELECTION
NOTICE.
State of Oregcn, County of
Crook, City of Prineville , ss.
NOTICE IS HEREBY GIVEN
that on Monday, towit: the 11th
day of September, 1916, at the
following named polling place in
the city of Prineville, Crok
County, Oregon, to-wit: The Base
ment of the Crook County Court
House, a special election will be
held at which there will be sub
mitted to the qualified voters of
said city for their approval or re
jection, pursuant to Ordinance No.
234, passed and approved on the
7th day of July, 1916, an amend
ment to Section 25, chapter 5, of
the charter of the city of Prineville
and all acts and measures amenda
tory thereof, proposed and submit
ted by the common council to the
qualified voters of the city.
Said proposed amendment is
printed in pamphlet form by the
city and copies mailed to every
legal voter within the city whose
address is known, and said pamph
let can be had at the office of the
recorder upon application.
The general purpose of said
charter amendment is expressed in
the ballot title adopted by tho re
corder' and the common council and
which, will arwear unon the ballot
in the following words:
"Shall section 25, chapter 5, of
the charter of tho city of I'rine
ville, -Oregon, be amended to
authorize and empower the common
council to" buy, build, equip, ac
quire, maintain and operate rail
ways and railroads operated by
steam, electric or other power, and
to acquire rights of way, terminals
easements and real property, and
to bring actions for the condem
nation or taking of private property
for public use, and to borrow
money and fund indebtedness to
carry out any one or mote of said
powers by issuing and selling the
negotiable warrants or bonds of
said city to the aggregate amount
of $100,000 bearing interest at not
more than six per centum (6) per
annum and payable semi-annually
said warrants or bonds to be pay
able in not to exceed thirty years
and providing for the levy and
collection of a direct annual ad val
orem tax on all the taxable pro
perty in said city in addition to all
other taxes sufficient to pay the
principal and interest on said war
rants or bonds according to their
tenor and repealing any provision
or provisions of the charter of said
city in conflict therewith; all of
which is more particularly set forth
in Ordinance No. 234 passed and
approved on the 7th day of July
A. D. 1916 submitting said amend
ment to the voters of the city of
I'incville."
i The iaid special election will be
held commencing at 9 o'clock in
the morning and'the polls will re
main open until 12 o'clock noon, at
which time they may be closed, if
desired, proclamation of the same
being made, until'one o'clock, when
the same shall again be open and
be kept open until 5 o'clock in the
afternoon of said day.
The judges and clerks of election
are , respectively the following
named qualified electors of the city
of I'rineville:
Judges of Election: R. W. Zevely
M. I). Powell, L. C. Perry. Clerks
of Election: Statira Biggs, Ethel
Glaze.
If any judge of election fails to
attend and seive at the proper
time, the voters there present may
elect another to fill his place, and
if any clerk of election fails to at
tend and serve at the proper time,
the judges of election may appoint
another to fill his place.
- Nq person shall be entitled to
vote at such election who is not a
legal voter of the city of Prineville
in accordance with the constitution
and laws of the state of Oregon
and the charter of the city of
Prineville.
The full text of Ordinance No.
234, oassed and ap'proved the 7th
day of July, A D. 1916, calling
said special election is as follows:
(Here insert in both pub
lished and posted notices
t;he full text of Ordinance
No. 234 above rr.ei tioned.)
Dated this 7th day of July, A. D.
1916. D. F. STEWART,
Mayor.
(Seal)
Attest:
E. O. HYDE,
Recorder.
Section 4. The polling place for
holding the said special election in
the city of Prineville will be as
follows:
The Basement of the Crook
County Court House.
Section 5. The following named
persons are herelly designated and
appointed as judges and clerks of
election to serve as said officers at
said election as foll&ws:
Judges: R. W. Zenely, M. D.
Powell and L. C. Perry.
Clerks: Statira Biggs and Ethel
Glaze.
Section 6. The said polling place
shall be open for the reception of
voters at the hour of 9 o'clock in
the - forenoon, and continue oDen
until -12 o'clock noon, at which
time they may be closed, if desired.
proclamation of the same being
made, until one o'clock, when the
same shall again be open and be
kept open until 5 o'clock, in the
afternoon of said day of election.
Section 7. The following ballot
title for said charter amendment
is hereby adopted and shall be
printed on all ballots used at said
election, namely:
"Shall section 25, chapter 5, of
the charter of the city of Prine
ville, Oregon, be amended to
authorize and empower the com
mon council to buy, build, equip,
acquire, maintain and operate rail
ways and rights of way, terminals,
easements and real property, and
to bring actions for the condem
nation or taking of private pro
perty for public use, and to borrow
money and fund indebtedness to
carry out any one or more of said
powers by issuing rnd selling the
negotiable warrants of bonds of
said city to the aggregate amount
of $100,000, bearing interest at not
more than six per centum (6) per
annum and payable semi-annually,
said warrants or bonds to be pay
able in not to exceed thirtv vears
and providing for the levy and col
lection 01 a direct annual ad val
orem tax on all the taxable nro-
rty in said city in addition to all
other, taxes sufficient to nav the
principal and interest on said war
rants or bonds according to their
tenor, and repealing any provision
r provisions of the charter of said
ry in conflict therewith; all of
hich is more narticularlv set
forth in Ordinance No. 234, passed
and approved on the 7th day of
uly, A. D. 1916, submitting said
imendment to the voters of the
ity of Prineville?"
Section 8. The form of the
ifficial ballots for use a- said idee.
tion shall be printed in substantial-
the following form:
To be torn off : To be torn off bv
by the chairman : the first clerk
OFFICIAL BALLOT FOR THE
CITY OF PRINEVILLE, CROOK
COUNTY, OREGON, THE 11th
DAY OF SEPTEMBER, A. D. 1916.
MARK BETWEEN THE NUMBER
AND ANSWER VOTED FOR
REFERRED BY THE COMMON
COUNCIL
"Shall section 25, chapter 5, of
the charter of Prineville, Oregon,
be amended to authorize and em
power the commen council to buy,
build, equip, acquire, maintain and
operate railways and railroads
oeraf.ed by steam, electric, or
other power, and to acquire rights
of way, terminals, easements and
real property, and to bring actions
for the condemnation or taking of
private property for public use,
and borrow money and fund in
debtedness to carry out any one or
more of said powers by issuing and
selling the negotiable warrants or
bonds of said city to the aggregate
amount of $100,000, bearing in
terest at not more than six per
centum (C) per annum and payable
semi-annually, said warrants or
bonds to be payable in not to ex
ceed thirty years, and providing for
the levy and collection of a direct
annual ad valorem tax on all the
taxable property in said city in ad
dition to all otner taxes sufficient
to pay the principal and interest
on said warrants or bonds accord
ing to their tenor; and repealing
any provision or provisions of the
charter of said city in conflict
therewith; all of which is more
particularly set forth in Ordinance
No. 234, passed and approved on
the 7th day of July, A. D. 1916,
submitting said amendment to the
voters of the city of Prineville?"
VOTE YES OR NO
300 YES
301 NO
Section 9. If any judge of elec
tion fails to attend and serve at the
proper time or if none have been
appointed, the voters there present
may eject another in his place; and
if any clerk of election fsi's to
attepd and serve at the proper
time, the judges of e.ection may
appoint another to fill his place.
Before proceeding to perform any
official act at such election, the
judges and clerks shall each make
and subscribe an oath of office in
"substantially the following form:
'I, -, do solemnly swear
(or affirm) that 1 will perform the
duties of judge of election (or
clerk, as the case may be) accord
ing to law, and that I will stu
diously endeavor to prevent fraud,
deceit and abuse in conducting the
election."
Section 10. The recorder shall
cause to be prepared and printed
and furnished to the judges and
clerks of election, for use at said
election, the official ballots as re
quired by the laws of the state of
Oregon and this ordinance and up
on the completion of the count of
the votes cast at said election in
the manner and form required by
law the returns thereof shall be
filed with the recorder on or be
fore the second day after said elec
tion and not later than the fourth
day after the election, it shall be
the duty of the recorder in the pres
ence of the mayor to canvass the
votes cast for and against the
measure submitted at said election.
Immediately after the completion
of the canvass the mayor of said
city shall issue hii, proclamation,
giving the whole number of votes
cast in the city for and against each
measure and declaring suca meas
ure approved by a majority of those
voting thereon to be in full force
and effect as a part of the charter
of the city of Prineville from the
date of said proclamation, and the
recorder shall present a certificate
of the canvass of the election re
turns to the common council at a
special meeting of said council to
be held at the call of the mayor
at the hour of 8 o'clock P. M. of
the day on which the election re
turns are canvassed, and at said
special meeting the common council
shall take such action as they deem
best by ordinance or resolution
relative to the issuance of the
bends authorized by the amend
ment adopted at said election in
case a majoi ity of the legal voters
voting at said election adojt said
charter amendment.
Section 11, All ordinances, reso
lutions and orders, or any part or
parts thereof, in conflict herewith,
be and the same are hereby re
pealed, rescinded and annuled.
Section 12. Inasmuch as it is
immediately necessary for the
public health, peace and safety,
that this Ordinance be effective at
as early a date as possible, an im
mediate emergency is hereby de
clared to exist and this ordinance
shall take effect and be in full force
and effect from and after its ap
proval by the mayor and shall not
be subject to the referendum.
APPROVED this 7th day of July,
A. D. 1916.
D. F. STEWART,
Mayor.
(SEAL)
Attest:
E. O. HYDE,
Recorder. 35t3c.
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