Crook County journal. (Prineville, Or.) 189?-1921, September 28, 1916, Page PAGE 6, Image 6

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    PAGE 6
CROOK COUNTY JOURNAL
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
mei.t 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, 18S0; 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, lSS7;fand
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 assembly 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 the office of
the Secretary of State February
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charter as originally enacted and as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 real 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 out 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 in 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 r bonds
bearing interest at not more than
six per centum (6 per cent) pc
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 be, their
date, denomination, the date 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 a 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 suDject to tax or tne 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.
aid Council shall also requiie 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
oi tnis section snail 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 pe open to contest Dy 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, 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,
ur the payment of the moneys
thereby derived to the holder or
holders of said bonds or warrants.
or the coupons appertaining there
to, to perform their several duties
relative to such levy, assessment,
collection, or pajment. at the time
or times provided according to la
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 bonds, or any part
thereof, at the time, pla?e, or man
ner of payment of said principal or
interest, and by reason of such de
fault sny 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
case may be, for which any such
suit or proceeding is brought, and
all such costs and expenses of such
suit or proceeding, including such at
torney's fees, shall be and the same
are hereby declared so much ad
ditional indebtedness of the Citv.
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 6aid principal and
interest.
Each of the provisions of this
section shall be self-executinsr. ani
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
visions 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
poses 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 the charter or ordinances
of the city of Prineville which con-
nici witn tne provisions nereoi 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 the direction of said council;
that a printed pamphlet containing
a copy of the 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 thererf, so far as known;
that the notice of said special elec
tion was published and posted at
the time and in the manner ami
form required by law and the
direction of said council; that said
election was duly held and con
ducted in the manner prescribed by
saui constitution, laws, charter, and
ordinances; that each and every
person voting at said election ps
sessod the qualifications prescribed
by said constitution, laws and
charter, and had been duly regis
tered; that the 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 Council,
ana tne same mane a matter ot re
cord in the journal of the proceed
ingsofsaid council; Now, There
fore, in Consideration of the said
Premises,
THE PEOPLE OFT HE CITY OF
PRINEVILLE, OREGON. DO OR
DAIN AS FOLLOWS:
section i. mat we special elec
tion held in said city, on Monday,
to-wit: the 11th uay of September,
A. D. 1916 be, and the same is
hereby determined and declared to
have been duly called, noticed, and
hpld 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 the recorder of said city and
said returns have been duly can
vassed by the Recorder and Com
mon Council and the result thereof
declared by said council and the
same made a matter of record on
the journal of proceedings of said
council, as.set forth in the preamble
hereof.
;ection a. i hat the said canvass
and the result thereof, as so en
tered of record, showc
That the total number of ballots
cast in the said city of Prineville
at the special election held Septem
Der ii, a. u. upon tne ques
tion submitted to the qualified
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 358 were "Yes" and
1 was "No"; and that a majority
of 357 of all of the ballots cast at
said elec .ion was in the 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 citv pres
ent and voting thereat, voted in
favor of amending Section 25.
Chapter 5, of the charter of said
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 duiy
carried by the requisite majority
vote and that this council is there
by duly authorized and empowered
to carry out the Duroose and tro-
vjsion 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,
1 . m . t -
Deing ior tne purpose oi 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 Faid charter, by adding a new
Section to said Chapter 5, to be
uesignaieu as section 08, the same
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 J3th DAY OF
SEPTEMBER, A. D. 1916.
D. F. STEW4RT,
Mayor of the City of Prineville.
crook tounty, Oregon.
Seal
Attest :
E. O. Hyde,
City Recorder.
State of Oregon, County of Crook.
City of Prineville, ss.
1, E. O..HYDE, Recorder of the
City of Prineville, do hereby certi
fy that the foregoing seven type
written sheets, numbered from 45
to 51, inclusive, and marked at the
beginning "Ordinance No. 236".
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 ngmber of votes cast against
said ordinance were 0; that said
ordinance became of full force and
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08ACCO IS PREPARED
FCft SMOKERS UNDERTHB
PROCESS DISCOVERED IN
I AKING EXPERIMENTS TO
R0DUCE THE MOST DE
I6HTFUL1 AND WHOLErl
SOME TOBACCO FOR CIC
TTE AND PIPE SMOI
PROCESS PATENTEI
RJ.ReynoldsTobaccoCohpany
DOES NOT BITE THE TONGUE
i ii!;i:'.i"i'ii'.n.i,ii'ii!i Hiniiiiiii i hi i
P. A. puts new joy
into the sport of
smoking!
YOU may live to
be 110 and never
feel old enough to
vote, but it's certain-sure
you'll not
know the joy and
contentment of a
friendly old jimmy
pipe or a hand rolled
cigarette unless you get on talking-terms
with Prince Albert tobacco!
P. A. comes to you with a real reason for oil the
goodness and satisfaction it offers. It is made by
a patented process that removes bite and parch!
You can smoke it long and hard without a come
back I Prince Albert has always been sold without
coupons or premiums. We prefer to give qualityl
Prince Albert affords the keenest pipe and cigarette
enjoyment! And that flavor and fragrance and
coolness is as good, as that sounds. P. A. just
answers the universal demand for tobacco
without bite, parch or kick-back I
Introduction to Prince Albert isn't any harder
than to walk into the nearest place that sells
tobacco and ask for "a supply of P. A." . You pay
out a little change, to be sure, but it's the cheer
fullest investment you ever made I
national
joy
$moke
Albert
R. J. ReyBoU. ToUoe. C, WhutM4Um, K C CopjAght J 9 1 0 br R. A IU7110M Toixoco Co.
effect the 13th day of September,
A. D. 1916, and the same was dulv
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.
E. O. HYDE,
Recorder of the City of Prine-
ville.
Seal
ITs Here I
Come In
and See It!
r? :p
' ft
The HEW "
Fairbanks-Morse
FARM EHGSNE
Economical Simple
Light Weight Substantial
F ool-Proof Construction
Gun Barrel Cylinder Bore
Leak-proof Compression.
$Jg50
3 H.
1 H. P.
on skids with
BUILT-IN
MAGNETO
P,-$66. 6 H. P.
All F. O. B. Factory
$119
More Than Rated Power
and a Wonder at the Price"
Add for Prineville
on 1 1-2 hp
on 3 hp
on 6 hp
Delivery:
$ 9.00
15.00
25.00
T. J. MINGER
Prineville Dealer
Try a Want Ad in The
Journal It pays
5
istas
lr air
six RACES
EACH AFTERNOON
THERE WILL BE NO
WILD WEST
FEATURES
TWO DAYS
Wed. & Thurs.
October 4-5
The Journal does Modern
Printing on Short Notice