Crook County journal., September 21, 1916, Page PAGE 8, Image 8

CRQOK COUNTY JOURNAL
PAGE 8
Ordinance No. 236
An Ordinance Declaring the Re
sult ami 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. 191G, a special election was
called and ordered to be held in
the said City of Prineville, Crook
County, Oregon, on Monday, to
wit: the llth 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
1S99, 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, Oregen', ap
proved October 23, 1SS0; and to
repeal an Act entitled: 'An Act to
aend an Act entitled: 'An Act to
incorporate the,Town of Prineville,
in Wasco (now Crook) County,
Oregon,' approved October 23,
1880, and to repeal ali Acts or
parts of Acts in conflict herewith',
approved February 14, lSSTianl
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,
lS'.U,' 'approved February v 10,
A. 1). 18519, and all amendments
thereof, either by act of the legis-
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
lative assembly or by initiative, pro-1 use in the same manner ns private
eeedings, and particularly an act of j corporations are now authorized or
pcrnuttcu to uo. unuer tno iuws oi
THEATRE
PRESENTS
FRANK
KEENAN
in the
Civil War Dama
THE
COWARD
THE FATHER
Strong and Stern
THE SON
Weak and Wavering
WARFARE
the Tempering Alloy
The bittrr struggle between North
and South; Spectacular Battles;
Thousands of Troops; ' Bursting
Shells and Charging Cavalry mark
this a tremendcus production.
TWO DAYS
SATURDAY
and SUNDAY
Also
FATTY ARBUCKLE
The Scream of the Screen
FICKLE
FATTY'S
FALL
8 REELS, 2 HOURS; o OA
TO SEE ENTIRE PRO- X "il I
GRAM Come BEFORE -' V
25c CHILDREN ISc
COMING
"WAR'S
WOMEN"
the legislative assembly of th
t State of Oregon approved February
1 12. ll.)0;5, and filed in the office of
'the Secretary of State Februaiy
13, 1003, and a measure submitted
' to tke fiualitied electors Of tno City
!.;f Prineville and adopted at
t lection held November 15, A. 1).
jlOlo, .more particularly by amchd
' ing Section 2;, Chapter 5, of said
i charter as originally enacted and as
lamented by adding thereto a f ne
ither sub-division to be No. 58,tthe
Uaid subdivision No. oS, of Section
25, Chapter 5, of the charter ot
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
onerated 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 real property within
and without its boundaries! and to
exercise' any one or jnore of said
powers, and to borrow money and
fund indebtedness to carry out any
one or more of said powers by issu
ing and selling, at public or private
sale, with or without advertising
I such sale, the negotiable warrants
I or bonds of tne city in an amount
l not exceeding the principal sum of
the state.
In the event of the refusal, nog
led, or failure of the City or said
Council, or any or all of the officials,
of the city having to do with the
an I lovv, assessment, or eolloeth n of
the taxes provided in this section,
the payment ot the moneys
of
thereby derived to the holder or
holders of said bonds or warrahts,
or the coupons appertaining there
to, to perform their several duties
relative to such levy,' assessment,
collection, or payment, at the time
or times provided according to la.v
and the tenor of said bonds or wan
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 bonds, or any part
thereof, at the time, place, or man
ner of payment of said principal or
interest, and by reason of such do
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 per cent) of the
amount of the principal or interest,
or principal and interest. ' as the
; $100,000.00 for railroads, rights of j case may be, for which any such
; way, terminals, easements, or real , suit or proceeding is brought, and
(property for any such railroad or I all such costs and expenses of such
I railway, said warrants or bonds i suit or proceeding, including such at-
I bearing interest at not more than
1 1 t
Next Week Is Fair Week
O
and This Store is the Fair Place
1 ' " ' i"'. '" 1 "
i six per centum (b per eent) pe
; annum, payable semi-annually,
i Prior to the authorization or sale
j thereof, the Council, by ordinance, '
j shall prescribe, fix, and determine
I the form of such warrants or J
bonds, as the case may be, their
date, denomination, the date or i
dates of maturity of such bends, not !
j exceeding thirty years, the rate of !
! interest, place of payment, and the
I 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 i 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 the
principal thereof at maturity.
Said Council shall also requite the
collection of such taxes by the
proper city and county officials
authorized by law to make such
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, a corporation or
corporations, association or assoeia
torney's fees, shall be and the same
are hereby declared so much ad
ditional indebtedness of the City,
which shall be included in any
judgment obtained against such
City, and the payment of which
shall be enforced in the same man
ner and by the same means as the
payment of said principal and
interest.
Each of the provisions of this
section shall be self-executing, an i
the indebtedness herein authorized
shall not be construed as affected
by any charter or Statutory limi
tation of indebtedness of said Citv:
and the Council shall have full and I
Pioneer
351
Intl.
1200
Visit or Shop While in Prineville
New Goods For Fall
are Here in Every
Department
Make This
Stpre Your
Headquarters While
in the City You are Welcome
Use Our Dressing Rooms Wash
Room Phones Writing Desk and
General Resting Place
This Store Will Be Open Evenings
CORNET! & COMPANY
as set forth in the preamble hereof.
Section 2. That the returns of said
complete power to carry the pro- special election have been duly filed
visions hereof into effect by ordi-1 with the recorder of said city and
nance or resolution, and to make said returns have, been duly can
and let contracts and purchase and I vassed by the Recorder and Com
sell property, in order to carry out mon Council and the result thereof
any one, either or all of the pur-1 declared by said council and J the
Doses and Dowers herein named, i same made a matter oi record on
the journal of proceedings of said
council, as set forth in the preamble
hereof.
Section 3. That the said canvass
and the result thereof, as so en-
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 the charter or ordinances jtered of record, show:
of the city of Prineville which con- That the total number of ballots
flict with the provisions" hereof are cast in the said city of Prineville
hereby repealed. at the special election held Scptem-
AND W HEREAS, Jt has been de- ber 11, A. D. 191(5, upon the ques
termined and is hereby declared as tion submitted to the qualified
follows: That the ordinance passed voters of said city, proposing an
and approved July 7, A. D. 1916, amendment to Section 25, Chapter
ordering and calling said special 5, of the charter of said city, as set
election, was published at the time j forth in the preamble hereof, was
and in the manner required by law i 300, of which 358 were "Yes" and
and the direction of said council; ! 1 was "No"; and that a majority
that a printed pamphlet containing j of 357 of all of the ballots cast at
a copy of the measure referred to ' said clcc .ion was in the affirmative
the people by the common council, and in favor of the adoption of
and submitted to the legal voters I said charter amendment,
at said election, was duly mailed I Section 4. That at said special
in due form, time, and manner to! election a majority of ull of the
each of the registered, voters of the j qualified electors of said city pres-
citv. as well as to each bona fide i ent and voting thereat, voted in
elector there' f. 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 constitation, 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'lots 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 eouncil,
and the same made a matter of re
cord in the journal of the proceed
ings of said council ; Now, There
fore, in Consideration of the said
Premises,
THE PEOPLE OF THE CITY OF
PRINEVILLE,. OREGON, DO OR
DAIN AS FOLLOWS:
Section 1. That the special elec
tion held in said city, on Monday,;
to-wit: the llth day of September,'
A. D. 1916 be, and the same is
hereby determined and declared to
have been duly called, noticed, and
favor of amending Section 2;,
Chapter 5, of the charter of said
city by adding thereto sub-division
58 as set forth in the preamble
hereof; nd it is therefore hereby
determined and declared that said
cnarter 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-1
vision of the said amendment.
Section 5. That the Mayor of
said City be and he 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
newspaper published and of general
circulation in aid City, embodying
therein this ordinance. ,
Section 6. That this ordinance,
being for the purpose of , carrying
into effect the obligations author
ized and ordered by a majority vote
of the qualified electors of said City,
as expressed at the said special
election therein held on September
11, A. D. 1916, for the purpose of
amending the charter of the City,
particularly Section 25, Chapter 5,
of paid charter, by adding a new
Section to said Chapter 5, to be
shall thereafter be in full force and
effect from and after its approval
by the Mayor and shall not be sub
ject to the referendum.
APPROVED THIS 13th DAY OF
SEPTEMBER. A. li. 1916.
D. F. STEWART.
Mayor of the City of Prineville,
Crook County, Oregon.
(Seal
Attest:
E. O. Hyde,
City Recorder. '
ntatc of Oregon, County of Crook,
City of Prineville, rs.
1, E. O. HYDE, Recorder of the
City of Prineville, do hereby certi
fy that the foregoing seven type
written aheets, numbered from 45
to 51, inclusive, and marked at the
beginning "Ordinance No. 23(5",
constitute the original ordinance as
passed by the Common Council of
the City of Prineville, that on its
final passage, the number of votes
cast for said ordinance were 5; that
the number of votes cast against
said ordinance were 0; that said
trdinance became of full force and
effect the 13th day of September,
A. D. 1916, and the same was duly
and lawfully passed and became of
full force and effect in accordance
with the constitution and laws of
the State of Oregon, and the
charter of the City of Prineville.
Lv. O. HYDE,
Recorder of the City of Prine
ville.' Seal '
held in strict compliance with law ' designated as Section 58, the same
NOTICE FOR PUBLICATION.
Land Office at The Dalles, Oregon,
September 8th. 1916.
Notice is hereby given that
' Cyrus DeViibiss,
of Barnes, Oregon", wno, on March
23rd, 1912, made Homestead entry
No.'OlOlOO and on June Gth, 1915,
made additional homestead entry,
No. 0150:9, for NEt SWJ, NJ
SE1, SEi NEi, Sec. 32, SJ NW1.
Ni SWJ, Sec. 33, Twp. 18-S, Range
21-E, Willamette Meridian has filed
notice of : intention ' to make final
three year proof to establish claim
to the land above described before
A. S. Fogg, U. S, Commissioner, at
Hampton, Oregon, on the 10th day
of November, 1916.
Claimant names bh witnesses:
Harry Barnes, Richard A. AAm
mons, Orville Everett, B. 0. De
maris, all of Barnes, Oregon..
II. Frank Woodcock, Register.
45t5c.
NOTICE TO CONTRACTORS.
Sealed bids wit! be received by
the city council of Prineville, Crook
County, Oregon, at the City Hall
in Prineville, until October 3, 1916
at 7;30 o'clock p. m., and then
publicly opened, for the removal
of the present Main Street bridge
aerosH Ochoeo Creek, for the build
ing of a sixty-four foot roenforred
concrete bridge 1 1 the same site
and the grading of the approaches
to the bridge.
Plan, specifications, forms for
bidding, form of contract and bond
are on file und may be seen at the
office of the county surveyor at
the Crook County court house in
Prineville, Oregon, All bids shall
be upon the regular forms and
shall be accompanied by a certified
check in the sum of 5 per cent
(Five per centum) of the amount
bid, payable to the City Treasurer
of Prineville, Oregon. The right
is reserved to reject any or all bids.
Dated at Prineville, Oregon,
this 19th day of Sepenu r, 1916.
E. 0. Hyde, City Recorder.
45120.
NOTICE OF ADMINISTRATOR'S
SALE OF REAL ESTATE.
Notice is hereby given by the
undersigned, the Administrator of
tb Estate of Mary Wilkins, De
ceased, that pursuant to an order
of the County Court of Crook
(bounty, Oregon, heretofore made
and entered, he will sell at private
sale, for cash, for the best price
offered, , the following cescribed
real estate belonging to said de
ceased, to-wit: Lots five and six
of Bloc.K Eight in the Fifth Ad
dition to. the City of Prineville,
Oregon, said sale to bo made on
or after the 20th day of October,
1916. George Meyer,
Administrator of the Estate of
Mary Wilkins, Deceased. 45t5c.
The Journal has the lurgcst paid pe
culation of any paper in Contra! Oregon
NOTICE TO CREDITORS
'Notice is hereby given, ,by the
undersigned, the executrix of the
estate of Frank Vanina, deceased,
to the creditors of said deceased
and to all persons having claims
against the estate to present the
same with the proper vouchers to
the undersigned at the office of M.
R. Elliott in Prineville, Oregon,
within six months from the first
publication of this notice,
Dated aVirl published the first
time September 14, 1916.
Catarina" Vanina,
Executrix of the Estate of Frank
Vanina, Deceased, 44toc