Crook County journal. (Prineville, Or.) 189?-1921, November 23, 1916, Page PAGE 5, Image 5

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    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
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