CROOK COUNTY JOURNAL PAGE Satisfied! I've u Lot to lie Thankful For Lx& I f. I Know Michels have my Thanks giving dinner ready f v. win lit V a full supply of fresh fruits and vegetables for Your Order in next week. Place your or ders with us for your needs. We deliver all hours MRS. I. MICHEL (SEAL) At Lent: Recorder. (FORM. OK COUPON) , No .... -118.00 On May lt, November 1st, A . D. 19 .... , The city of I'rineville, Crook county, Oregon, for value received promises to pay to the hearer hereof the turn of Fifteen Dollars in lawful money of the United States of America, at the FIhcuI Agency of the State of Oregon, In the city and State of New York, U. S. A., be ing six monthii' Interest then due on itK Railroad 1'ond, dated Novem ber Int. A. D. 191(5, No Mayor ORDINANCE NO. 245. An ordinance authorizing the Issuance, execution and delivery to the purchasers of One Hundred Thousand dollars (100.000) negoti able coupon bonds of the city of I'rineville, Crook county, Oregon, for the purpose of borrowing money with which to build ami equip a railroad within and without the boundaries of the city for the bene fit and uho of the inhabitants there of, and for profit; prescribing the form of said bonds and fixing the details of the Issue, and providing for the levy, siwessment and col lection of a direct annual ad va lorem tax upon all of the taxable property of said city, in addition to all other tuxes, sufficient to create a fund with which to pay the inter est accruing on Huid bonds when and hm the Maine becomes due and to establish H itinking fund with which to discharge tho principal thereof at maturity; repealing all ordi nances or parts thereof in conflict herewith; and declaring an emer gency. THE PKOl'LK OF THE CITY OK I'RINEVILLE. OREGON, DO ORDAIN, as follows,' Section 1. That it has been and i is hereby ascertained, determined and declared that the city of I'rine ville, Crook county, Oregon, has a population of more than one thous and persons and is authorized and empowered by Subdivision 58 of Section 25 of Chapter 5 of the charter of said city, as amended at an election held on the 11th day of September, A. D. 1916, to buy, build, equip, acquire, maintain and operate a railroad operated by steam, electric or other power within and without the boundaries of said city for tho benefit and use of the inhabitants thereof and for profit, and that the common council deems it advisable and to the best intercuts of said city to exercise the raid powers and build and equip a railroad for said city. Section 2. That for the purpose of borrowing money with which to build and equip a railroad within and without the boundaries of the city for the benefit and use of the inhabitants thereof, and for profit, there bIibII be and there are here by authorized, ordered and di rected to be issued and delivered to the purchasers thereof the follow ing described bonds: Coupon bonds of the city of Prineville, Crook county, Oregon, to be designated "RAILROAD BONDS" to an amount aggregat ing the principal sum of One hun dred thousand dollars (100,000), comprised of 200 bonds, numbered from 1 to 200, inclusive, of the de nomination of 5()0 00 each,' dated November 1st, A. D. 1910, due and payable November 1st, A. D. 1946 and optional for redemption by said city on and after November 1st, A. D. 1936 and bearing interest from their date until paid at the rate of six per centum (6 per centum) per annum, payable semi-annually, on the first days of May and Novem ber, respectively, in each year, both principal thereof and interest there on payable in lawful money of the United States of ' America at the Fiscal Agency of the State of Ore gon, in the city and state of New York, U. S. A'. Section 8. That each of said bonds and etch of the interest coupons thereto attached, except as to their number, shall be in sub stantially the following form, to-wit: (FORM OF BOND) UNITED STATES OF AMERICA State of Oregon County of Crook CITY OF PRINEVILLE NO. $500.00 THESE city of Oregon, Railroad Bond KNOW ALL MEN BY PRESENTS: That the Prineville, Crook county, acknowledges itself to owe and for value received hereby promises to pay to the bearer hereof the princi pal sum of Five hundred dollars on November first, A., D. 194C, to gether with interest thereon at the rate of six per centum per annum, payable semi-annually on the 1st day of May and November, re spectively, in each year, evidenced by and upon the presentation and surrender of the interest coupons hereto attached as they severally become due, both principal and in terest hereby made payable in law ful money of tho United States of America Bt the Kiscal Agency of the State of Oregon, in the city and State of New York, U. S. A. This bond is issued by said city for tho purpose of borrowing money to pay the cost of the con struction and equipment of a rail road to run within and without said city for the benefit and use of the inhabitants thereof and for .profit, under, by virtue of and in all re- t ! sonects in full and strict compliance witn tne constitution and laws oi the State of Oregon and Subdivision 58 of Section 25 of Chapter 5 of the charter of said city and an or dinance duly adopted by the com mon council thereof prior to the is suance or this bond. It is hereby certified, recited and warranted that said city has been for many years past and is now a body politic and corporate and a municipal corporation duly organized, existing and operating as a city under and by virtue of the constitution and general laws of the State of Oregon. And it is hereby further certified, recited and warranted that alt things, acts and conditions required by the constitution and laws of the State of Oregon and the charter and people of said city to exist and to happen and be done and per formed precedent to and in the is suance of this bond, in order to constitute the same tho valid and binding obligation of said city, do exist and have happened and been done and performed in regular and due form and time; that the total Indebtedness of said city, including this bond, does no exceed any con stitutional, statutory or charter limitation; and that due provision has been made for the levy, assess ment and collection of a direct an nual ad valorem tax on all of the taxable property of the city, in ad dition to all other taxes, sufficient to create a fund to pay the inter est accruing on this bond when and as the same becomes due and to establish a sinking fund with which to discharge the principal hereof at maturity. The' faith, credit and all of the taxable property of said city are hereby irrevocably pledged for the punctual payment of the principal and interest of this bond, respec tively, as the same become due and are payable as aforesaid This bond is redeemable at the option of said city on and after No vember first, A. D. 1936. IN TESTIMONY WHEREOF, The city of Prineville, Crook county, Oregon, by its common council, haa caused this bond to be signed by the mayor, attested by the recorder and sealed with the corporate seal of said city and the attached interest coupons to be signed with the engraved facsimile signatures of its said officers, this day of A. D. 1916. .Recorder. Section 4. That ach of said bonds shall be signed by the mayor and attested by the recorder and sealed with the corporate seal, re spectively, of said city, which seal shall be impressed thereon; and that tho officers of said city in this section mentioned are hereby authorised, ordered and directed to cause said bonds to be prepared sub stantially in the form hereinabove set forth and to execute the same for and in behalf of said city as in the manner aforesaid, and cause the bonds to be delivered without undue or unnecessary delay to. . . . ,the law ful purchasers of the same, upon payment being made , to said treasurer of the agreed purchase orice of said bonds in a separate fund subject to the order of the common council of said city to be used exclusively for the purpose of building and equipping a railroad within and without the boundaries of the ci:y for the benefit and use of the inhabitants thereof and for profit, but the purchaser of said bonds, or any subsequent holder shall be in nowise responsible for the application of the proceeds of the sale of said bonds by the said treasurer, common council or any of the officers of said city; and when said bonds, or any part there of, shall have been delivered to said purchaser they shall thereafter be neon ten table and their legality shall not be open to contest by any per son or persons, corporation or cor porations, or by the city, for any reason or reasons whatever. Section 5. The interest falling due on said bonds on May 1st and November 1st. A. D. 1917, shall be anil the same is hereby ordered ap propriated and paid by the city- treasurer from the general fund, or out of any moneys in his hands be longing to said city, and for the purpose of repaying the amount or amounts so borrowed and also to create a fund suflicient to pay the interest accruing on said bonds sub sequent to November 1st, A. D. 1917, promptly when and as the same becomes due and to establish a sinking fund with which to dis- i contained shall be so construed as to prevent said" city from applying any funds that may be in the treasury and available for that Dur- pose to the payment of said inter est or principal as the same re- ipectively mature, and the levy or levies hereinabove provided for may , Mayor. charge the principal thereof at ma turity, there shall be and there is hereby levied upon all of the tax able property of said city, in ad dition to all other taxes, in each of the years 1917 to 1945, inclusive, a direct annual ad valorem tax suf ficient to create and maintain a fund to pay said interest and principal as the same become due and pay. able; and said tax, when collected, shall be turned over to and by the city treasurer kept in a separate fund to be known as and designated "Railroad Bonds, dated November 1st. 1916. bond interest and sink ing fund." which shall be irrevoc ably pledged to and used soiely for the payment of the interest on and principal of the said bonds hereby authorized when due, so long as any of said bonds or the-interest cou pons theieto appertaining remain outstanding and unpaid; and for greater certainty, the common council of said city shall in each of said years 1917 to 1945, inclusive, include the bond tax hereinabove levied for such year in the annual estimate for said city for such year and said bond tax shall in each of sa!d years at the lawful time and by the said common council and the officers of said city, be duly certi fied to the county officers having to do with the extending of the taxes upon the tax rolls, and it shall be the duty of the proper county and city officers, and they are hereby required annually at the time and in the manner provided by law for the levying and collecting of other taxes, to ratify and carry out the provisions of this ordinance, with reference to the levying and col lecting of taxes, and requiring the officers of and for said county to levy, extend and collect such taxes in the manner provided by law, for the purpose of creating a fund for the payment of the interest upon and the principal of the said bonds hereby authorized; and the said taxes, when so collected shall be turned over to and by the city treasurer kept for and applied only to the payment of said interest and principal of said bonds as herein HOOD RIVER WINTER APPLES WE ARE RECEIVING A SHIPMENT OF Newtown Pippins Black Twigs and Spitzenburgs WHICH ARE GOOD' WINTER KEEPERS These are not of the eating varieties but are a cooking grade and every box is strictly guar anteed to be a good, satisfactory cooking apple. Mail or phone us your orders before these are gone with the understanding that we guarantee the apples to be entirely'satisfactory Price per single box $ 1 .20 Price in five-box Lots $1.15 O.CGlaypoot&Co, approved and confirmed. Section 7. That the mayor, the treasurer and recorder, respec tively, of said city, all, any or either of them are hereby authorized, or dered and directed to furnish the aforesaid purchaser of said bonds. with a complete certified co'py of the' charter of said city showing alii J I , . . M , I thereupon to that extent be di- ' nerewwre mwie mere minished, and "upon payment of the toand w,th such certificates, tran- principal of any of the bonds issued T vu v.l""'KI, uucuments as win i hereunder in said manner, or bv the IU".y evidence tne proceedings had both as to principal and interest, shall have been fully paid, satisfied and discharged. Approved this 18th day of No vember, A. D. 1916. D. F. STEWART. Mayor of the city of Prineville, of Crook county, Oregon. (SEAL) Attest: E.O.HYDE 1 Recorder of the city of Prine- ' ville, Crook county, Oregon. STATE OF OREGON. COUNTY w w,. j .. . ... X A K K MKKiaiN ' MTV use or tne sinning tuna nerem pro-, r", , -" nr rnnnK pitv nv privc. vided for, the levy or levies herein oonas ana me inoeotedness to be;" v " w provided forthe payment of inter- g fJfttaV Recorder of the est may to the extent of the m- I1 ,ana sumciency inereor and i .. f p. ' . , . , ... tereston the bonds so paid be di-, or any or an ot said ot-, h;; "- ncers in me premises are hereby ; t " nnthnriKut. ratiHaA m,aA sneets, numbered Irom 1 to 9, in- confirmed. ' i elusive, and marked at the begin ning urainance iso. Z4o, , con stitute the original ordinance as passed by the common council of minished. Section 5. That on the 15th days nf Anril and October, resnertivelv. in each year, so long as any of the section o. mat is ue ana is interest couoons appertaining to, hereby certified, recited and war- the bonds hereby authorized to be, ranted that all conditions, acts and issued remain outstanding and un paid, the city treasurer shall and he is hereby authorized, ordered and directed, as and in the manner designated by chapter 46, general laws of Oregon of 1911. to remit out of any moneys in his hands be longing to said city, in the form of check or draft payable in New York City, U. S. A., to the Fiscal Agency of the State of Oregon in said city of New York, a sum sufficient to pay the semi-annual interest aecru-j ing on said bonds on the first days of May and November, respectively, in .each year, and any and all escrow charges made by said Fiscal Agency for handling said coupons; and on the 15th day of October in the year A. D. 1946, the sail treasurer shall and he is hereby authorized, order ed and directed, as and in the man ner provided by chapter 46 afore said, out of the sinking fund cre ated under the provisions of this ordinance, to remit by check or draft payable in New York, to said Fiscal Agency, a sum suflicient to pay the principal amount of all of the said bonds as may then be out standing, due and unpaid together with all accrued interest thereon, and any and all escrow charges made by said Fiscal Agency for handling the same. Section 6. That the sale and award of the bonds of said city hereinbefore mentioned shall be made by the mayor and common council of said city, upon the best terms at which said bonds can be sold, to the highest and best bidders therefor, and the acts of the mayor and common council in the premises be and the same are hereby ratified, things necessary and essential to the validity of the bonds hereinbe fore and hereinabove mentioned and the indebtedness of the city to ' cast be iunuea and paid mereby, and re-' jnat quired Dy law to De aone, nave been fully done and performed. Section 9. That the provisions of this ordinance and each of the bonds and each of the interest cou pons issued pursuant thereto, shall constitute and the same are hereby declared to be a binding and irre vocable contract between said city and the purchasers of said bonds and the holder from time to time of each of said bonds and the interest coupons thereto appertaining. Section 10. That all resolutions, ordinances or orders in conflict with the provisions hereof, be and the same are hereby repealed, rescinded and annulled. Section 11. That this ordinance being for the purpose of carrying into effect the objects authorized and ordered by a majority vote of the qualified electors of said city as ; expressed at the special election: held therein on September 11th, A. j D. 1916, for the purpose of amend ing the charter of the city, more particularly by amending Subdi vision 58 of Section 25 of Chapter 5 of said charter, is necessary for the immediate preservation of the peace, health and safety of the city and . an emergency exists and the same shall therefore be in full force and effect from and after its pass age and approval and shall not be subject to the referendum. Section 12. That this ordinance shall be ' forever irrepealable until the indebtedness thereby funded the city of Prineville, and approved by the mayor on the 18th day of November, A. D. 1916; that on its final passage, the number of votes for said ordinance were six; the number of votes cast against said ordinance were none; that said ordinance became of full force and effect the 18th day of November, A. D. 1916, and the same was duly and lawfully passed and approved and became of full force and effect in accordance withi 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) 2t2e NOTICE TO CREDITORS. Notice is hereby given by the un dersigned, the Administrator of the estate of Erastus P. Buchanan, deceased, to all creditors of said de ceased, and to all persons having claims against said estate, to pre sent the same with the proper vouchers to the undersigned at the office of M. R. Elliott, in Prine ville, Oregon, within six monthj from the 1st publication of this notice. Published the first time Novem ber 23, 1916. C. C. Buchanan, Administrator of the "state oi' Erastua P. Buchanan, deceased. 2t5c The Journal makes the home complete.