CROOK COUNTY JOURNAL
PAGE 5
Ordinance No. 234.
"An ordinance adopting and sub
mitting to tho tiuulillt'il electors of
the cltv f I'rlrmvlllo, Crook county,
Oregon, an amendment to the char
tor of said eily, relating to tho limit
of tho amount of tho city Indebted
n'HH and granting to tho common
council of M city the power to
buy, build, equip, acquire, leiwu,
own, maintain and operate railways
mid ruilromlH operated by steam,
oli'ctrlc, or other power, within or
within and without tho boundaries
of wild city, or from wild city to
other towns, cities or poltiU without
tho boundaries of said city, Und to
nc(ulre right of way, terminals,
easements and real property within
and without the boundaries of Raid
city, und to bring actions for the
condemnation or taking of private
property for public use In 'he same
mariner as private corporations are
now Ruthoriu'd or permitted to do
under tho laws of the Htato of Ore
Ron, and to exercise any ono or
more of mild powers, ami to borrow
money and fund indebtedness to
carry out any ono or more of said
power by Issuing and selling the
negotiable warrunU or bondti of
naiil city to tho aggregate amount
of lOO.tHK) for railway or rail
roads, rights of way, terminals
easements, or real property per
taining to a nil way or railroad,
Hiiid warrant)) or bondH bearing in
terest at not more than nix per
centum per annum, payable semi
annually; and providing for the lew
and collection of h direct annual ad
valorem tax on all the taxable,
property in miid city in addition to
all otlier taxes, nulllcient to pav the
intercut on wild warrants or bond
promptly when and an tho name
becomes duo and to provide a Kink
ing fund with which to pay the
principal thereof at their'maturity,
and providing a penally for the re
fusal, neglect or failure to make, or
cause to be made, such levy, assets
ment, collection or payment; pro
viding that after tho delivery of
said warrant or bondH, tho ordin
ance authorizing the issuance and
wile thereof and levying taxes
therefor shall be irrcpeulublc and hat
wild warrants or bond and the levy,
assessment and collection -of taxes
for the payment of the principal 01
Ink-rent thereon shall lie incontest'
alilo and that tho classes, kinds, or
amount of pro(ertv aubject 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 the ordinance issuing same
shall nut be changed in any manner
bo as to reduce or diminish the se
curity for 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 the ordinances issuing
such warrants or bonds, or any of
them, so long as any of said bonds
or warranta, or any of the interest
thereon remains unpaid; and re-(
pealing all part 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
declaring an emergency."
The People of the city of Prineville,
Oregon, Do Urdain 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 181)9, entitled:
"An Act to Incorporate the City of
I'rinevillo, Xook County, Btate of
Oregon; and to repeal an Act, en
titled: 'An act to incorporate the
Town of Prineville, WaRco County,
Oregon,' approved October 23, 18H0;
and to repeal an Act entitled: 'An
Act to amend an Act entitled: 'An
Act to incorporate the Town of
Prineville in Wasco (now Crook)
County, Oregon.' approved October
23, 1880, '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
Prineville, in Wasco County, Ore
gon,' approved October 23, 1880,'
filed in the office of the Secretary of
state February 18, 1801," approved
February 16,, A. D., 1899 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 February
12, 1903 and filed in the office of
the Secretary of State February 13,
1903, and a measure submitted to
I
the qualified electors of the City of
1'rlneville und adopted at an election
held November 15, A. 1., 1915,
more particularly by amending S c
tion 25, Chapter 5, of said charter
as originally eniicted and mm amend
ed by adding thereto a further sub
dlvison to be No. 58, tho said sub
division No. 58 of .Section 25, Chap
ter 5 of tho charter of said illy to
he in words and figures as follows:
58, Tho 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 other
power, within or within and without
the houndaries of the city, for the
benefit and flo of the inhabitant
thereof, and for profit, said rail-1
road or railroad to run within or
within and without said city or
from tho city to other towns, cities
or points .without tho boundaries of
the city, and to acquire rights of
way, terminals, casements and real
property within and without its
houndaries, anil to exercise any one
or more of s.iid 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 Bale, the
negotiable warrants or bonds of the
city in an amount not exceeding the
principal sum of 100,000 for rail
roads, rights of way, terminals,
easi-ments, or real proerty for any
such railroad or railway, said war
rants or bonds bearing interest at
not more than six (i) per cent ior
annum, payable semi-annually
Prior to the authorisation of sale
thereof, the council, by ordinance,
shall prescribe, fix and determine
tho form of such warrants or bonds,
as the case may be, their, date, de
nomination, the date or dales 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 and the charter
same to bo collected, sufficient to
create a fund to pay the interest
accruing on said bonds promptly
when and as the same becomes due
and to establ'sh and maintain a
sinking fund with which to discharge
the principal thereof at maturity,
which ordinance shall upon delivery
of tho bonds to the party entitled
thereto, be thereafter irrepealable,
and the classes, kinds or amount of
proorty subject ' to tax or the
method ormanneroflevy, 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 1 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 proper 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 shall 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 the tenor of said bonds or war
rants and coupons attached thereto.
Warrants issued under the provis
ions 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 sale 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 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 ti the holder cr holders of
said bonds or warrant, or the ,
coupons appertaining thereto, to
perform their several duties relative!
to such levy, assessment, collection
or payment, at the time or time
provided according to law and the
tenor of said bonds or wafrants and
coupon, whereby any default oc
curs in tho 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 uch default, any suit or
proceeding I brought by the holder
or holders of any such warrant or
warrants, bond or bonds, coupon or
coupon, to recover any such princi
pal or interest, due and unpaid,
then and in that case the, said city
shall be liable for and shall pay, not
only the principal or interest, or
both, which may be due to such
holder or holder, but shall also be
liable for and shall pay all costs and
expenses of such suit or proceeding,
and also reasonable attorney's fees
amounting to the sum of ten U0)
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
lcnseB of such suit or proceeding,
including such attorney's fees,
shall be, and the Bame hereby de
clared, so much addilional 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 affected 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-
ution and to make and let contracts
and purchase and 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 Prineville
which conflict with the provisions
hereof are hereby repealed "
.Section 2. J hat 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 t,o 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 tne 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.' i
State 1 of Oregcn, County of
Crook, City of Prineville, ss.
NOTICE IS IIEUEBY GIVEN
that on Monday, towit: the 11th
day of September, 1916, at the
following named polling place in
the jcity of Prineville, Cmok
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 paniph
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 wordn:
"Shall section 25, chapter 5, of
the charter of the city of Prine
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 righta of way, terminals
easements anil 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 more 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 (fi) per
annum and payable semi-annually
said warrants or bonds to be pay
able in not to exceed thirty vears
and providing for the levy and
collection of a direct annual ad val
orem tax on all the taxable pro-1
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. V. 1910 submitting said amend
ment to the voters of the city of
Pineville."
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 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 Prineville:
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
deet another to fill his place, and
if any clerk of election fails to at
tend and serve at the rrooer time.
the judges of election may appoint
another to fill his place.
No person shall be entitled to
vote at such ele.-tion 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, Dassed and approved the 7th
day of July, A D. 1916, calling
saiq 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,
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 hereby designated and
appointed as judges and clerks of
election to serve as said officers at
saidf 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
the forenoon, and continue ooen
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 counoil 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 nt to exceed thirty years,
and providing for the levy and col
lection of a direct annual ad val
orem tax on all the taxable pro
perty in said city in addition to all
other taes 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 it more particularly set
forth in Ordinance No. 234, passed
and approved on the 7th day of
July, A. D. 1916, submitting said
smendment to the voters of the
city of Prineville?" '
Section 8. The form of the
official ballots for use a. said elec
tion shall be printed in substantial
ly the following form:
To be torn off : To be torn oft by
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 common council to buy,
build, equip, acquire, maintain and
operate rail ays and railroaus
operand 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 x 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
ti pay the principal and interest
on 6aid 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 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. thp
judges and clerks shall each make
and subscribe an oath of office in
substantially the following form:
"I, , do solemnly swear
(or affirm) that I will perform the
duties of judge of election (or
clerk, as the case mav be) accord
ing to law, and that I will stu
diously endeavor to rjrevent 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 un
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 atrainst thp
measure submitted at said election.
Immediately after the completion
of the canvass the mayor of said
city shall issue his, proclamation,
giving the whole number of. votes
cast in the city for and against each
measure and declaring sum 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 he 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
bonds authorized bv thti nmpnrl.
ment adopted at said election in
case a rnajoi ity of the legal voters
voting at said election ado t said
charter amendment.
Section 11. All ordinances, reso
lutions and orders, or any part or
parti thereof, in conflict horpwith.
j be and the same are hereby re-
pealed, rescinded and annuled.
Section 12. Inasmuch as it is
.immediately necessary for the
i public health, neace and safetv.
that this Ordinance be effective at
88 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. 35t3e.
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