PAGE 4
CROOK COUNTY JOURNAL
Special City Election Notice
State of Oregon County of Crook,
City of Prineville, ss.
NOTICE IS HEREBY GIVEN
that on Monday, to-wit: the 11th
day of September, 1916, at the fol-i
lowing named polling place in the
city of Prineville, Crook county,
Oregon, to-wit: The Basement of
the Crook County Court House a
special election will be held at
which there will be submitted to
the qualified voters of said city for
their approval or rejection, pur
suant to Ordinance No. 234, passed
and approved on the 7th day of
July, 1916, an amendment to Sec
tion 25, chapter 5, of the charter
of the city of Prineville and all
acts and measures amendatory
thereof, proposed and submitted 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 purport of said
charter amendment is expressed in
the ballot title adopted by the re
corder and the common council and
which will appear upon the ballot,
being numbered 300 and 301 and
in the following words:
"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 rights of way terminals,
easements and real property, and
to bring actions for the condemna
tion 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 (6 per
cent) per annum and payable semi
annually, said warrants or bonds
to be payable in not to exceed
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
addition to all other taxes sufficient
to pay the principal and interest on
6aid warrants or bonds according to
their tenor; and repealing any pr
vision 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
Baid amendment to the voters of
the city of Prineville." '
The said special election will be
held commencing at 9 o'clock in the
morning and the polls will remain
open until 12 o'clock noon, at which
time they may be closed, if de
6ired, proclam. tion of the same be
ing 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. Zeve
ly, M. D. Powell, L. C. Perry.
, Clerks of Election, Statira Biggs,
Ethel Glaze.
If any judge of election fails to
attend and serve 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 special 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. passed and approved the 7th
day of July, A. D. 1916, calling
said special elction is as follows:
Ordinance No. 234.
"An ordinance adopting and sub
mitting to the qualified- electors of
the city of Prineville, Crook county,
Oregon, an amendment to the char
ter of said city, relating to the limit
of the amount of the city indebted
ness and granting to the common
council of sM city the power to
buy, build, equip, acquire, lease,
own, maintain and operate railways
and railroads operated by steam,
electric, or other power, within or
within and without the boundaries
of said city, or from said city to
other towns, cities or points without
the boundaries of said city, and to
acquire rights of way, terminals,
easements and real property within
and without the boundaries of said
city, and to bring actions for the
condemnation or taking ot private I
property for public use in the same I
manner as private corporations are j
now authorized or permitted to do
under the laws 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 warrants or bonds of
said city to the aggregate amount
of 100,000 for railways or rail
roads, rights of way, terminals,
easements, or real property per
taining to a mlway or railroad, ' city in an amount not exceeding the
said warrants or bonds bearing in- principal sum of 100,000 for rail
terest at not more than six per roads, rights of way, terminals,
centum per annum, payable somi- easements, or real property for any
annually; and providing for the levy such railroad or railway, said war
and collection of a direc' annual ad rants or bonds bearing interest at
valorem tax on all the taxable not more than six Ui) per cent per
property in said city in addition to 'annum, payable semi-annually,
all other taxes, sufficient to pay the Prior to the authorization of sale
interest on said warrants or bonds thereof, the council, by ordinance,
promptly when and as the same ' shall prescribe, fix and determine
becomes due and to provide a sink- the form of such warrants or bonds,
ing fund with which to pay the
principal thereof at their maturity,
and providing a penalty for the re
fusal, neglect or failure to make, or
cause to be made, such lew, assess
ment, collection or payment; pro
viding that after the
said warrants or bond
delivery of
the ordin -
ance authorizing the issuance and
sale thereof and levying taxes
therefor shall be irrepealable and that
said warrants or bonds and the levy,
assessment and collection of taxes
for the payment of the principal or 1
interest thereon shall be ineontest-1
able and 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 passage and approv-j
al of the ordinance issuing same
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 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 so as to reduce or diminish the se
promptly when and as the same be- curity for such warrants or bonds or
cemes due, and to discharge the any of them, or lessen the power,
principal thereof at maturity, as authority or ability of the city to
provided in the ordinances issuing raise funds sufficient to pay the
such warrants or bonds, or any of t interest on said bonds promptly
them, so long as any of said bonds when and as the same becomes due,
or warrants, or any of the interest and to discharge the principal
thereon remains unpaid; and re- thereof at maturity. Said council
pealing all parts of the charter m shall also require the collection of
conflict with said amendment; adopt- such taxes by the proper city and
ing a ballot title for the amendment
submitted; designating the form of
I 11.1. A I I I t .. . 1 .
uauoi, me poning places ana tnesoievieu, assessed ana collected
hours the polls will .be open; ap- shall be kept in a separate fund, and
pointing the judges and clerks of
election; prescribing the form of
election notice and directing the
posting ana puoiismng oi the same,
repealing all ordinances or parts
tnereor in conflict herewith: and
declaring an emergency."
The People of the city of Prineville,
Oregon, 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 1899, entitled:
An Act to incorporate the City of
f nneville, Crook County, state of
uregon; ana to repeal an Act. en-,
uuea: An act to incorporate the
T, .mi- nr. ...
A""'""
.rriyjrs6: lw
uu w icjjtw an nci eu Li ulu .
Act to amend an Act entitled: 'An to .tne purchaser, shall thereafter
Act to incorporate the Town of be "icontesatble, and their legality
Prineville in Wasco (now Crook) 8na" not be Pen t0 contest by any
County, Oregon.' approved October Person or" persons, corporation or
23, 1880, 'and to repeal all Acts, or corporations, association or associa
parts of Acta in conflict herewith,'. tion9' or b? the city for any reason
approved February 14, 1887; and to or reasons whatever,
repeal an Act entitled; 'An Act-to! The council is hereby authorized
amend Section 17 of an Act entitled: and empowered, for and on behalf
'An Act to incorporate the Town of ot the city, to bring actions for the
Prineville, in Wasco County, Ore- condemnation or taking of private
gon,' approved October 23, 1880,' property within and;-without- the
ineu in uie oiuce oi me secretary or uuunuanes oi me cuv ior puoiic use tory thereof, proposed and euhmit
state February 18, 1891," approved , in the manner as private corpora- !tcd by the common council to the
reoruary to, a. u., iyy and all
1899
amendments thereof,
either by
act;
of the legislative assembly or by
initiative proceedings, and particu-
mnyan assenpiy or py initiative
proceedings, and particularly an act council, or any. or all of the "officials
of the legislative assembly of the ' of the city having to do with the
state of Oregon approved February j levy, assessment or collection of the
12, 1903 and filed in the office of 1 taxes provided in this section, or
the Secretary of State February 13, the payment of the moneys thereby
1903, and a measure submitted to ; derived ti the holder or holders of
the qualified electors of the City of said bonds or warrants, or the
Prineville and adopted at n election coupons appertaining thereto, to
held November 15, A. !-., 1915, perform their several duties relative
mere particularly by amending S.c-! to such levy, assessment, collection
tion 25, Chapter 5, of said charter : or payment, at the time or times
as originally enacted and as amend-! provided according to law and the
ed by adding thereto a further sub- j tenor of said bonds or warrants and
divison to be No. 58, the said sub-! coupons, whereby any default oc
division No. 58 of Section 25, Chap-.curs in, the payment of the interest
ter 5 of the charter of said 3i'ty to ! upon anv of said warrants or linnd
be 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, I
ana 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 use of the inhabitants
thereof, and for profit, said rail-
road or railroads to run within
within and without said city
or
or
trom 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 and without its
boundaries, and to exercise any one
or more of sakl powers, and to bur-
row money and fund indebtedness
to carry out any one or more ot
said powers by issuing mid selling
a: public or private sale, with or!
! without advertising such sale, the
negotiable warrants or -1)011118 of the
as the case may be, their date, de
nomination, the date or dates of
maturity ot 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 bII
'provided by law and
'same to be collected,
other taxes
the charter
suineient to
create a fund to pay the ' interest
accruing on said bonds promptly
when and as the same becomes due
and to establish 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, be thereafter irrepealable,
and the classes, kinds or amount of
property 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
of such ordinance.
and approval
shall not be changed in any manner
county officials authorized by law, to
make such collections and the taxes
' I J J .1 t I .
said fund shall be used solely iil the
payment of the principal and inter -
est of said bonds or warrants, and
saia principal ana interest shall be
paid out or 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
01 lne clty wmcn tne council is
nereoy aumonzea ana empowered
''r". "1.
to issue, negotiate and make
"" "". mm "'
- th mnnnpr nrnuMoH n tW.a tinn
fZZZ,u "u Wu:S:"::
named poinng pia,-e in
1 t ons are now
t ons are now autnonzed or per-:
mitted to do under the
laws of the
ne
state,
In the event of the refusal',
neg-jcity
lect or failure of the city or said
or any part 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 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 holders, but shall also be
liable for and shall pay all costs and
i expenses of ttueh suit or proceeding,
and also reasonable attorney' fees
' amounting to the sum of ten (10)
per cent of the amount of the prin
I cipal or interest, or principal and
interest, as the case maybe, 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
elated, 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 iy the same
means as the payment of said prin
cipul and interest.
Each of the provisions of this
section shall be self executing, and
the indebtedness herein authorized
shall not be construed as affected bv
i any charter or statutory limitation
of indebteiness of said city; and the
council shall Itave full and complete
power to carrv the provisions here-
or into etieet py ordinance or reso
lution and to make and let contrncts
j and purchase and sell property, in
j order to carry out any one, either
or an or me purposes and power
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
visiun or provisions of the charter
or ordinance of the city of Prinev'ille
which conflict with the provisions
hereof are hereby repealed
Section 2. That thd 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 1 1 th
day of September, A.' D 1916, for
the purpose of voting on the pro
posed amendment and the city re
coraer is nerepy auected 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
1 newspaper published and of general
' circulation in said city, and hereby
. .. .....
, designated the orticiul newspaper
j 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
1 in said citv. 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. Citv of Prineville. ss
I NOTICE IS HEREBY GIVEN
that on Mondav towit- the 11th
lnal on "'Onudy, town. inLlltn
of September, 1916, at. the
the - city 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 amentia-
Qualified voters of the citv
Said proposed amendment
! printed in pamphlet form by the
and copies mailed to every
ugal 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 the re
corder and the common council and
iVhich will annear irnon the ballot
in the following words:
"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 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 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 (6) per
annum and payable semi-annually
said warrants or bends to be pay
able in not to exceed thirty years
and' providing for the levy and j
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
Prineville."
The said special election will be
held commencing nt 9 o'clock in
the morning and the polls will re
main open until 12 o clock noon, at
which time they tyay be closed, if
desired, proclamation of the same
being made, until one o'clock, when
the snine- 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 und solve at the proper
tunc, 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 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, passed and approved the 7th
day of July, A D. 1916, calling
said special election is as follows:
(Here insert in both pub
lihed and posted notices
the fulj text of Ordinance
No. 234 above mentioned.)
Dated this 7th day of July, A. D.
1916. D F.STEWART,
Mayor.
(Seal)
Attest:
K. O. HYDE,
Recorder.
Section 4. The polling place for
holding the said special election in
the city of Prineville will be as
follows:
Tho 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. Zevely, M. I).
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 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 Eaid day of election.
Section 7. The following ballot
title for f aid 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 moie 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 sixjier 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
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 m 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?" '
Section 8, The form of the
official ballotsor use al said elec
tion shall be printed in substantial
ly the following form:
To be torn off : To be torn off by
by the chairman : the first clerk
OFFICIAL BALLOT FOR THE
CITY OF PRINEVILLE. CROOK
COUNTY, OREGON, THE.l'ltlt
DAY OK SEPTEMBER, A. I). 1910.
MARK BETWEEN THE NUMBER
AND ANSWER VOTED FOR
REFERRED BY THE
COUNCIL
COMMON
"Shall section 25, chapter 5, of
the charter of PriiU'ville, Oregon,
be amt'iidi'd to authorize and em
power the cum men council to buy,
build, equip, acquire, maintain and
opera io railways and railroad
opera'od by atiiini, electric, or
other power, and to acquire rights
of way, terminals, casement anil
real property, and to bring action
for the condemnation or taking Vf
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 ami
selling the negotiable warrant or
bond of said city to the aggregate
amount of $100,000, bearing in
terest at not more than six per
centum (ti) per annum and payable
semi-annually, said warrants or
bonds to bo 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 wild city in ad
dition to all otner taxes HtilHdent
to pay the principal and Interest
on said warrant 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 et 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 5). If any judge of elec
tion fails to attend and nerve nt ! Im
proper time or if none have Ut n
appointed, the voter there present
may elect another in hi place; and
if any' clerk of flection fai's ti
attend and serve at the proper
time, the judge of e.ection may
appoint another to fill hi place.
Before proceeding to perform any
official act at such election, the
judges and clerk 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 Judire 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. Tho recorder nliiiU'
cause to be prepared and printed
and furnished to the judges and
clerks of election, for use at said
election, the offbial ballots as re
quired by the laws of the stato of
Oregon and this ordinance nnil nn.
on the completion of the count of
tne votes cast ot fm I lection in
the manner and torm nuuired bv
law the returns thereof (hall be
filed with the recorder on r be
fore the second dav after said eli c-
tion and not later than the fourth
day after the election, it shall be
the duty of the recorder In the pres
ence, o' 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 hit. proclamation,
giving the whole number of 1 votes
east in the city for and against each
measure and declaring sum meas
ure approved by a majority of those
voting thereon to bo in full force
and effect as a part of tho 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 meetine of said council tt
be held at the call of the mayor
at tne 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
bonds authorized bv the amend.
ment adopted at said election in
case a majoiity of the legal voters
voting at said election ado t said
charter amendment,'.
Section 11. All ordinances, resn.
lutions and orders, or any part or
parts thereof, in conflict herewith,
be . and tho same are herel.u m.
pealed, rescinded and annuled.
Section 12. Inasmuch oh it io
immediately necessary for tho
public health, nenxn ami
. , v ...I.. emisLy ,
that this Ordinance be effective at
as early a date as possible, an im-'
mediate emercencv is herehv
clared to exist and this ordi nnncn
shall take effect and be in full force
and effect from and after it nn.
proval by the mayor and shall not
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