CROOK COUNTY JOURNAL
PAGE 7
Ordinance No. 234.
"An ordinance adopting and sub
mi ttintc to tlio quallllod electors of
tho eltv of Prlnevlllo, Crook county,
Oregon, tin amendment to tho char
tor of said city; relating t" tho limit
of tint amount of the city indebted
ness iiml granting to the coriimon
council of M city tho power to
buy, build, equip, acquire, lease,
own, miimUin und operate ruilwuyit
and railroads, operated by steam,
electric, or other power, within or
within und without the boundaries
of wild city, or from hhIiI city tu
othor towns, cities or points without
tho boundaries of said city, and to
acquire right of ay, terminals,
easements and real property within
Hud without tho boundaries of said
city, und to bring actions for the
condemnutlon or taking of private
property fur public use. in the same
manner as private corporations aro
now authorized or permitted to do
under the las of the state of Ore
Kon, and to exercise any one or
more of said "powers, Rod to borrow
money and fund Indebtedness to
carry out !my one or more of said
powers by Issuing and selling the
negotiable warrants or bonds of
said city to the aggregate amount
of lloo.lHK) fur railways or rail
roads, rights of way, terminals
easements, or reid property per
taining to a rulway or railroad,
said warrants or bonds bearing In
tel est at nut more than six per
centum per annum, payable semi
annually; and providing for the lew
und collection of a direct annual ad
valorem tax on all the taxablu
property in said city in addition to
alt other taxes, sulllclent to pay the
interest on said warrants or bonds
promptly when and as the sami;
becomes due anil to provide a sink
ing fund with' which to pay the
principal thereof at their maturity,
and providing a cnalty for the re
fuwil, neglect or failure to make, or
cause to be made, such levy, assess
ment, collection or payment; pro
viiiing that after the delivery of
said warrants or bonds, the ordin
a nee authorizing the issuance and
sale thereof and levying taxes
therefor shall be irrefutable und that
said war runts or bonds and the levy,
assessment and collection of tuxes
for the payment of the principal or
interest thereon shull tie Ineontest
ante ami that the classes, 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 pussuge and approv
al of the ordinance issuing same
shall not be changed in any manner
so 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 sulllclent 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 the ordinances issuing
such warrants or bonds, or any of
them, so long as any of said bunds
or warrants, or any of the interest
thereon remains unpaid; and re
pealing all parU of the charter in
conflict with said amendment; adopt
ing a ballot title for the amendment
submitted; designating the form of
ballot, the polling places and the
hours the polls will be open; ap
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 conflict herewith; and
decluring un emergency."
The People of the city of Prineville,
Oregon, Do Orduin as Follows:
Section 1. The common council
hereby proposes, adopts und sub
mits to the qualified electors of the
city, an amendment to the city
charter, being tho act of the legis
lative assembly of the state of Ore
gon for the year lWJ'J, entitled:
'An Act to incorporate the City of
I'rineville, Crook County, state of
Oregon; and to repeal an Act, en
titled: 'An act t.o incorporate the
Town of I'rineville, VVusco County,
Oregon,' approved October 2H, 1880;
and to repeal an Act entitled: 'An
Act to amend an Act entitled: 'An
Act to incorporate the Town of
I'rineville in Wasco (now Crook)
County, Oregon.' approved October
2;i, 18N0, and to repeal all Acts, or
parts of Acts in conflict herewith,'
approved February 14, 1887; and to
repeal 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 the office of the Secretury of
state February 18, 1891, approved
February 1(5, A. 1)., 1899 and all
amendments thereof, either by act
of the legislative assembly or by
initiative proceedings, and particu
larly an assenbly or by initiative
proceedings, and particularly an act
of the legislative assembly of the
state of Oregon approved February'
12. 1903 and filed in the office of
the Secretary of State February 13,
1903. und a measure submittod to
tho qualified electors of the City of
i'rineville vnd adopted at un election
held November 15, A. I'., 1915,
more particularly by amending Sec
tion 25, Chapter 5, of snid charter
as originally enacted and as amend
ed iiy milling thereto a luriner sun-
divison to be No. 58, the said sub
division No. 58 of Section 25, Chap
ter 5 of the charter of said :ity to
lie in words and figures as follows:
58, The common council is
hereby granted the power for and
on behalf of the city to buy, build,
equip, acquire, lease, own, operate,
and maintain railways and railroads
operated by steam, electric or oilier
power, within or within and without
the boundaries of the city, for the
benefit und use of the inhabitants
thereof, and for profit, said rail
road or railroads to run within or
within und without suld city or
from the city to other towns, cities
or points without the boundaries of
the city, and to acquire rigtits of
way, terminals, easements und real
property within and without its
boundaries, and to exercise any one
or more of said powers, and to bor
row money and fund indebtedness
to carry out any one or more of
suld 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 un amount not exceeding the
principal sum of IKsi.000 fur rail
roadr, rights of way, terminals,
easements, or real property for any
such ruilroad or railway, said war
rants or bonds bearing interest at
not more than six. (0) per cent per
annum, payable semi-annually
Trior to the ' 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, de
nomination, the dule or dates of
maturity oi 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 shull be
applied, und shall levy and assess on
all of the taxable property of the
city, in addition to all other taxes
provided by law and the charter
same to be collected, sufficient to
create a fund .to pay the interest
accruing on said bonds promptly
when and as the same becomes due
and to eslabl:sh and maintain a
sinking fund with which to discharge
the principal thereof at maturity,
which ordinance shull upon delivery
of the bonds to the party entitled
thereto, lie thereafter irrepealable,
and the classes, kinds or amount of
property subject to tax or the
method ormannerof levy, assessment
or collection of tuxes thereon, as
provided by taw 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 sufficient to pay the
interest on said bonds promptly
when and as the same becomes due,
und to discharge the principal
thereof at maturity. Said council
shall also require the collection of
such taxes by the uroper city and
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 shull be used solely in the
payment of the principal and 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 tho tenor of said bonds or war
rants and coupons attached thereto.
Warrants issued under the provis-
ons of this section shall be drawn
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 sal of a
sufficient amount of funding bonds
of the 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 the 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 the 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 citv for public use
in the manner as private corpora
tions are now authorized or per
mitted to do under tho 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 t the holder cr holders of
said bonds or warrants, or the
coupons appertaining thereto, to
perform their several duties relative
to such levy, , assessment, collection
or payment, ut the time or times
provided according to law and the
tenor of suld bonds or warrants and
coupons, whereby any default oc
curs in the payment of the interest
upon any of said warrants or bonds
or uny pari thereof, of such inter-1
est, or the principal of suid I
warrants or bonds or any I
part thereof at the time,
place, or manner of' payment of
said principal or interest, and by
reason of such default, any suitor!
proceeding is brought by the holder
or holders of uny such warrant or
warrants, bond or bonds, coupon or
coupons, to recover any such princi
pal or Interest, due and unpaid,
then and In that case the said citv
shall be liable for and shall pay, not
only the principal or interest, or
both, which may be due to such
holder or holders, but shall also be
liable for and shall pay all costs and
exiensos 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, or 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 shull be enforced in the
same manner and by the same
means as the payment of suid 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 allected by
any charter or statutory limitation
of indebtedness 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 muke and let contracts
and purchase und sell property, in
order to carry out any one, either
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
6 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 special election is
hereby called and ordered to be
held in and for said city on the 11th
day of September, A. D 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 three 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 Oregon, 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, Crook
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 tho 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 tho office of the
recorder upon application.
The general purpose of said
charter amendment is expressed in
the ballot title adopted by the re
corder and the common council and
which will arwear uwon the ballot
in the following words:
".Shall section 25, chapter 5, of
the charter of the city of Prine
ville, Oregon, bo 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, und
to bring actions for the condem
nutlon 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 p"r centum (6) per
annum und 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. 1910 submitting haid amend
ment to the voters of the city of
Pirieville."
The said 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 Some shall again be open and
be kept open until 5 o'clock in the
afternoon ofsaid 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. D. 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.
No person shall be entitled to
vote at such election who is not a
legal voter of the nity 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, 'passed and
day of July, A'
approved the 7th
D. 1916, calling
said special election is as follows
(Here insert in both pub
lished and posted notices
the full text of Ordinance
No. 234 above mentioned.)
Dated this 7th day of July, A. D.
1916., D. K STEWART, ,
. i . Mayor.
(Seal) .
Attest:
E. O. HYDE,
Recorder. I
Section 4. The polling place for
holding the said-special election in
tne city oi rrineviiie will be as
follows:
The Basement of the Crook
County Court House
Section 5. The following named
persons are hereby designated and
appointed as judges and clerks of
election to serve as said officers at
said election as follows:
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
ho forenoon, and continue onen
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 raid 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
tho charter of the city of I'rine
ville, Oregon, be amended " to
authorize and' empower the com
mon counqil 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 thirty years,
and providing for the levy and col
lection of a direct annual ad
val-j
orern 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
tmendment to the voters of the
city of Prineville?"
Section 8. The form of the las early a date as possible, an im
oflieial ballots for use a. said elec- j mediate emergency is hereby de
tion shall be printed in substantial- j dared to exist and this ordinance
ly 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
COUNCIL
COMMON
"Shall section 25, chapter 5, of
the charter of Prineville, ' Oregon,
be amended to authorize and em
power the commtri council to buy,
build, equip, acquire, maintain and
operate raiUays 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 condemnation or taking of
private property for public use,
and .o 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 (6) 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 tjieir 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 elect another in his place; and
if any clerk of election fai's to
attend 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:
"j, 1 d0 solemnly swear
(or affirm) that I 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
meastire 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 sucn 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 tho
bends authorized by the amend
ment adopted at said election in
case a majoi ity of the legal voters
voting at said election adoi t 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.
j Section 12. Inasmuch as it is
I immediately necessary for the
I public .health, peace and safety.
that this Ordinance be effective at
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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