1 PAGE 6 CROOK COUNTY JOURNAL MAYORS PROCLAMATION Of the' Result of the Special Election Held in and For the City of Prineville, Crook County, Ore gon, on September 11, A. D. 1916. State of Oregon, County of Crook, City of Prineville, ss. WHEREAS, By virtue of Ordi nance No. 234, of the City of Prineville, Crook County, Oregon, adopted by the Common Council thereof on July 7, A. D. 1916, a special election was lawfully called and duly held in the said City on Monday, to-wit: the 11th day of September, A. D. 1916, for the purpose of submitting to the elec tors of the City for their approval or rejection a certain amendment to the charter appearing in detail in the ordinance hereinafter set out: and WHEREAS, At a -special meeting of the Common Council of said City held on the 13th day of September, A. D. 1916, the returns of said election were duly canvassed and the result and validity of said elec tion duly certified to by ordinance, which ordinance is hereby made a part of this proclamation, and was and is in words and figures the fol lowing: Ordinance No. 236 An Ordinance Declaring the Re sult and Validity of the Special Election Held in and For the City of Prineville. Crook County, Ore gon, on September 11. A. D. 1916, and Authorizing the Mayor to Pub lish a Proclamation of the Same, and Declaring an Emergency. WHEREAS, In accordance with Ordinance No. 234, duly adopted by the Common Council at a special meeting thereof lawfully called and duly held on the 7th day of July, A. D. 1916, a special election was called and ordered to be held in the said City of Prineville, Crook County, Oregon, on Monday, to wit: the 11th day of September, A. D. 1916, for the purpose of vot ing upon the adoption of an amend ment to the City Charter, being an act of the legislative assembly of the State of Oregon, for" the year 1899, entitled: "An Act to incor porate the City of Prineville, Crook County, State of Oregon; and to repeal an Act entitled: 'An Act to incorporate the Town of Prine ville. Wasco County, Oregon', ap proved October 23, 1880; 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 en titled: 'An Act to incorporate the Town of Prineville, in Wasco County, Oregon', approved October 23, 1880', filed in the office of the Secretary of State February 18, 1891,' 'approved February 16, A. D. 1899, and all amendments thereof, either by act of the legis lative assemhly or by initiative pro ceedings, and particularly an act of the legislative assembly of the State of Oregon approved February 12, 1903, and filed in theottiee of the Secretary of State Februaty 13, 1903, and a measure submitted to the qualified electors of the City of Prineville and adopted at an election held November 15, A. D. 1915, more particularly by amend ing Section 25, Chapter 5, of said charter as originally enacted and as amended by adding thereto a fur ther sub-division to be No. 58, the said subdivision No. 58, of Section 25, Chapter 5, of the charter of said city to be in words and figures as follows: 58. The Common Council is here by 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 boundaries of the city, for the benefit and use of the in habitants thereof, and for profit, said railroad 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 ac quire rights of way, terminals, easements, and veal property within and without its boundaries, and to exercise any one or more of said powers, and to- borrow money and fund indebtedness to carry our. any one or more of said powers by issu ing and selling, at public or private sale, with or without advertising such sale, the negotiable warrants or bonds of the city irr an amount not exceeding the principal sum of $100,000.00 for railroads, rights of way, terminals, easements, or real property for any such railroad or railway, said warrants or bonds bearing interest at not more than six per centum (6 per cent) ' pe annum," payable semi-annually. Prior . to the authorization or sale thereof, the Council, by ordinance, shall prescribe, fix, and determine the form of . such warrants or bonds, as the case may bo, their date, denomination, the dute or dates of maturity of such bends, not exceeding thirty years, the rate of interest, 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 pro perty of the city, in addition to all other taxes provided by law and the charter of the city, a direct annual ad valorem tax, and there after cause the same to be collect ed, sufficient 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 sinking fund with which to discharge the principal thereof at maturity, which ordi nance shall, upon delivery of the bonds to the party entitled thereto, be thereafter irrepealable, and the classes, kinds, or amount of proper ty subject to tax or the method or manner of levy, assessment, or collection of taxes thereon, as pro vided 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 security 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 be comes due, and to discharge tne 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 Mich collection, 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 interest of said bonds or warrants, and said princi pal and interest shall be paid out of said fund at the time or times provided according to law and the tenor of said bonds or warrants and coupons attached thereto. War rants issued under the provisions of this section shall be drawn on the general fund and due provision made by the Council for their pay ment through funds obtained 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 provision for their payment and In the manner provided in this section for munici pal bond. All bonds and warrants of the city, when delivered to. the purchaser, shall thereafter be in contestable, and their legality shall not be open to contest by any per son 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 same manner as private corporations are now authorized or permitted to do under the laws of the state. In the event of the refusal, nog 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 there to, to peuform (heir several duties relative to such levy, assessment, collation, or pajment, at the time or times provided according to law and the tenor of said bonds or war rants and coupons, whereby any default occurs in the payment of the interest upon any of said war rants or bonds, or any part of such interest, or the principal of said warrants or bonus, or any rmrt thereof, at the time, place, or man-l ner of payment of said principal or interest, and by reason of such de fault 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 principal 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 ex penses of such suit or proceeding, and also reasonable attorney's fees amounting to the sum of ten per centum (10 Der cent) of the amount of the principal or interest, J or principal and interest, as the case may be, for which any such suit or proceeding is brought, and all such costs and expenses of such suitor proceeding, including such at torney's fees, shall be and the same are hereby declared so much ad ditional indebtedness of the City, which shall bo included in tiny judgment obtained against such City, and the payment of which shall be enforced in the same man ner and by tho same means as the payment of said principal and interest. Each of the provisions of this section shall be self-executing, an 1 the indebtedness herein authorized shall not be construed as affected by any charter or statutory limi tation of indebtedness Of said City; and the Council shall have full and complete power to carry the pro vision hereof Into effect by ordi nance or resolution, and to make and let contracts and purchase and sell property, in order to carry out any one, either or all of the pur post's and powers herein named, without further authorization and without a vote of the electors, and to make all necessary rules and regulations therefor, as herein pro vided; and any provision or pro visions of tho charter or ordinances of the city of Prineville which con flict with the provisions hereof are hereby repealed. AND WHEREAS, It has been de termined and is hereby declared as, follows: That the ordinance passed and approved July 7, A. D. 1916, ordering and calling said special election, was published at the time and in the manner required by law and tho direction of said council; that a printed pamphlet containing a copy of tho measure referred to the people by the common council and submitted to the legal voters at said election, was duly mailed in due form, time, and manner to each of the registered voters of the city, as well as to each bona fide elector thereof, so far as known; that the notice of said special elec tion was published and posted at the time and in the manner and form required by law and the direction of said council; that said election was duly held and con ducted in the manner prescribed by said constitution, laws, charter, and ordinances; that each and every person voting at said election pos sessed the qualifications prescribed by said constitution, laws and charter, and had been duly regis tered; that ihe ba'lota cast at said election were duly canvassed by the recorder and common council, as required by the charter and ordi nances of said city, and the result thereof declared by said council, and the same made a matter of re cord In the journal of tho proceeds lugs of said . council ; Now, There fore, In Consideration of the said Promises, THE PEOPLE OF 1 HE CITY OF PRINEVILLE, OREUON, DO OR DAIN AS FOLLOWS: . Section 1. That the special elec tion hold in said city, on Monday, to-wit: tho 11th duy of September, A. D. 1916 be, and the same is hereby determined and declared to have been duly called, noticed, and held in strict compliance with law as set forth in the preamble hereof. Section 2. That the returns of said special election have been duly filed with tho recorder of said city and said returns have been duty can vassed by the Recorder and Com mon Council and the result thereof declared by, said council and the samo made a matter of record on the journal of proceedings of said council, as set forth in the preamble hereof. Section 3, That tho said canvass and the result thereof, as so en tered of record, show: That the total number of ballots cast in the said city of Prineville at the special election held Septem ber 11, A. D. 1916, upon the ques tion submitted to the qua lifted voters of said city, proposing an amendment to Section 25, Chapter 5, of the charter of said city, as set forth in the preamble hereof, was 360, of which 858 were "Yea" and 1 was "No"; and that a majority of 357 of all of the ballots cast at said elec lon was in tho affirmative and In favor of the adoption of said charter amendment. Section 4. That at said special election a majority of all of the qualified electors of said city pres ent and voting thereat, voted in favor of amending Section 25. Chapter 5, of the charter of sakl city by adding thereto sub-division 58 as set forth in the preamble hereof; and It is therefore hereby determined and declared that said charter amendment has been duly carried by the requisite majority vote and that this council is there by duly authorized and empowered to carrv out the purpose and pro vision of the said amendment. Section 5. That the Mayor of said City be and ho is hereby authorized, ordered, and directed to cause a proclamation of the re sult of said election to be published in one regular weekly issue of "Tne Crook County Journal", a weekly (Continued on next page ) Aeropke EVERY DAY Death Turn, Figure Eight, Texas Tommy and a Lot of other Stunts High in the air at the ' Crook County FairrIPrineville? Oregon September 27-28-29-30 Also auto Races, Motorcycle Races, Wild Horse Races, High Diving Dog, Slide For Life Through Fire, Ferris Wheel, Merry-go-Round besides a great number of other, attractions, both on the fair grounds and on the streets during these, four big busy days. Livestock from some of the most famous stock farms in the United States, many carloads of fat cattle combining to make the best exhibit of that kind ever shown at a county fair in Oregon. Baseball in IV. mampioinisjniip denies Will be Played During the fair for the Championship of the State between Prineville and the Baby Beavers. Running and Harness Races Every Day More and Better Exhibits Than Ever Before. Big Attractions Every Evening, Including a Boxing and Wrestling Match on Saturday,