Crook County journal. (Prineville, Or.) 189?-1921, September 21, 1916, Page PAGE 6, Image 6

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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,