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About The Sumpter miner. (Sumpter, Or.) 1899-1905 | View Entire Issue (May 15, 1901)
Wednesday, May 15, 1901 THE SUMPTER MINER . CHARTER OF CITY Which Became a Law on the 6th Day of February, 1 90 1 . AN ACT. To lncoporatc tho City of Sumptcr, and to provide a charter therefor, and to repeal all acta or parts of acta In conflict therewith. Be it enacted by tho legislative assem bly of the State of Oregen: CHAPTER I. OP THIS INCORPORATION AND DOUNDARIES OP THE CITY. Section 1. Tho inhabitants of tho town of Sumptcr, Baker county, Ore gon, and of that part of the county of Baker and State of Oregon within the limits hereinafter prescribed, aro here by created and established a body politic and corporate nnd declared to be a municipal corporation by the namo and stylo of tho City of Sumptcr; and by such name shall have perpet ual succession, contract and bo con tracted with, suo and bo sued, plead nnd bo Impleaded, defend and bo do fended, In nil courts of justice and in nil nctlons, suits and proceedings whatsoever; may purchase, lenso, hold or recclvo property, real or per sonal, within tho said city, for public buildings, public works, school pur poses, streets and Improvements and all other municipal purposes; and may lease, sell nnd dispose of tho same or any part thereof for tho benefit of tho city; may purchase, hold nnd receive property both real nnd porsonnl, with in or beyond the boundaries of tho cltv, to bo sert for city parks, ceme teries for burlnl purposes, hospitals, pest-houses, prisons, work-houses nnd houses of correction, powder houses, for tho erection of wnter works nnd tho establishing of a wnter svstom. for supplying tho city with electric or other lights, nnd for other useful, bene ficlnl or ornamental purpese: nnl may erect hulldlnes nnd works there on, nnd may enclose, ornament nnd Imnrove tho same: nnd mny control, pell, lenso or dispose of the Bnmo for the benefit of the city: nnd mnv loan nnd borrow monev nnd pledge the credit nnd pronertv of the munici pality. All nrooortv both real nnd porsonnl. oolonelng to or Invested In the town of Sumntor ns heretofore created, established nnd bounded, shnll upon the passage of this net, been" the nroportv of nnd vested in tho cltv of Sumntor ns crented, bounded nnd estnbllsned by this net: nnd wild cltv mnv control, lenso, sell or dispose of tho snme or nnv part thereof for the benefit of tho city. Section 2. The cornornte limits o' tho city of Snmntcr shnll bo ns fol lows: All of the east hnlf nnd the enst hnlf of the west hnlf of section thlrtv-two (32): nil of tho southeast qunrter of flection twentv-nlno (29): nil of the enst hnlf of tho southwest qunrter of section twentv-nlno (29); all of the Bouthenst. quarter of the northwest qunrter of section twenty nine (29): nil of tho south hnlf of the northeast qunrter of section twenty nine. (29): nil of tho south hnlf of the northwest qunner of section twentv eight (28): ml of the southwest quar ter of section twenty-eight (28): all of the west hnlf of section thirty-three (33); nil in township ntno (9) south rnnere thirty-seven (37) past of the "Willamette meridian, In Baker county. Stnto of Oregon. Section 3. The power and authorltv given to the municipal corporation of the city of Sumpter hv this net, Is vested In a mayor nnd council and their successors In office, to he exer cised In the manner hereinafter pre scribed. For the puropse of municipal rep resentation the city of Sumpter la THE OF SUMPTER hereby divided .nto four wards, doslg natcu and bounded as follews: Ward number ono shall consist of nil that part of tho city of Sumptcr which lies northerly of Granite street and n westerly continuation thereof, and wbsterly of Mill street nnd n northerly continuation thereof, cxcoptlng block numbered two (2) in tho orlglnnl townslto of Sumpter, which block Is bounded by Mill, Orunlte, Center and North streets; ward number two shnll consist of nil thnt part of the city of Sumptcr which lies northely of Ornnlto street nnd an easterly continuation thereof, nnd ensterly of Mill street nnd a northerly continuation thereof nnd In addition thereto block numbered two (2) In tho original townslto ot Sumptcr, which block Is hounded by Mill, Granite, Center nnd Nortl streets; wnrd number three shnll con slst of nil thnt partof tho city of Sumpter which lies ensterly of Mill street nnd a southerly continuation thereof, nnd southerly of Ornnllo street nnd nn ensterly continuation thereef: wnrd number four shnll con sist of nil thnt pnrt of tho city of Sumpter which lies westerly of Mill street nnd a southerly contlnuntlon thereof, nnd nouthorly of Ornnlto street nnd a westerly continuation thereof. Tho cltv council of tho city of Sumpter Is hereby granted the power to ehnngo the boundaries of the wards of tho city from time to time, as It may deem it expedient, by ordlnniicn hut said city shnll nlwnys be divided Into four wnrrts. neither more nor less. Section fi. Ench wnrd of tho city ot Sumpter shnll ho represented by nnd Is entitled to elect two councllmcn, ono to bo elected from each wnrd every year, nnd said councllmen shnll hold their offices until their successors nro elected nnd shall hnvo qualified evcept nn hereinafter otherwise pro vided. Thero shall also ho elected, for th term of two yenrs, a mayor nnd n treasurer, who shnll bo officers of this municipal corporation. The council men shall bo elected by tho qunllllcL1 electors In the respective wnrds Ir which they reside nnd which they nr elected to represent. The mnyor nni. treasurer shall bo elected hv tho qual ified elcctora of tho city nt large. Seotlon C. Tho mnyor shnll nlso within ono month nfter his being In stalled, or tho passago of this act, appoint a city recorder, a city marflha and n city attorney, which appoint ments shall bo subject to conflrma tlon by a majority voto of tho council. Tho mayor also appoint such other city officers ns shnll bo provided foi by the council by ordinance, nnd such nppolntmenjts sball nlso bo subject to confirmation by a majority voto of the council. All officers appointed un der this section shall hold their re spective offices until removed by the mnyor. Section 7. No ono shall bo eligible to any offlco In tho municipal corpora tion who at tho tlmo of his election or appointment Is not entitled to the privileges of nn elector according to tho laws of tho stnto, and who hns not resided within tho corporate limits of tho city of Sumpter as hereby con stituted, for three months next pro ceding his election or npoplntmcnt. Section 8. In nddltlon to the quali fications prescribed in the last pre ceding section, to be eligible to th offlco of councilman, n person must bf a resident of tho wnrd from which he Is elected for a period of three months prior to such election. CHAPTER II. ELECTIONS. Section 9. There shall be a general election held In tho city of Sumptcr on tho first Tuesday of December ot each year, nt which election all offi cers required to bo elected by the qualified voters of tho city or wards, ns tho case mny be. shall bo elected Section 10. The council shnll desig nate ono plnco In each ward for hold ing tho election therein, and shall ap point three Judges and two clerks for each ward who, previous to entering upon the dischnrgo of their duties, shnll severally take nnd subscribe nn onth In the following form, to-wlt: "I do solemnly swear (or nfllrm) thnt I will perform tho duties of a Judge (or clerk) of election, according to law nnd the best of my ability: that I will endeavor to prevent fraud, de celt and nbuse In conducting the sntne" snld oath to bo administered to the Judges and clerks hv n"d officer author ised hv law to administer onths. Section 11. Tho recorder under the direction of the council shnll give ten dnvs notice of each genernl municipal election, by tho posting of n notice In each of the several wards of the cltv which notices shnll stnto the dnto of uich election, specify the officers to ho elected nnd tho places designated for holding such election. Section 12. No person shall bf nunlllled to vote nt nnv election to he held under this net who does not pns sen tho qualifications of nn elector within this state, nnd who hns not ro sided In tho cltv of Sumpter for three months next preceding such election nnd In the wnrd In which ho offers to voto nt least thirty days next preced ing such election. Section 13. All elections under this net shnll commonoo nt 9 o'clock In the morning nnd continue until I o'clock In the evening of the snme dnv, with out closing tho polls. If nnv Jndgo falls to attend nnd serve nt the open ing of tho polls, the voters of tho wnrd present mnv elect nnothcr In his plnce: nnd If nnv clerk falls to nttend nnd servo nt the openlnrr of tho polls, the Indues of tho election may nppolnt nnother In his plnco. Section 14. All uenernl municipal elections shnll be held nnd tho candi dates therefore shall bo nominated In nccordnnce with tho genernl election laws now in force In tho Stnto of Oro trnn. except ns In this net otherwise nrovlded. nnd provided, that certifi cates of nomination mndo hv Individ ual electors shnll bo signed hv not less than ten electors of tho wnrd In which tho pernon nominated. If n enn dldnto for election to tho council, shall reside, or not less thnn fen electors of the entire cltv In cao of such offi cers n aro elected at laree. and pro vided thnt nil certificates of nomina tion shnll bo filed with tho recorder of tio cltv not less than ton days heforo the day fixed (v Inw for said election. "opt nn 11. Judges nnd elorks of election shnll possess tho quallflenllnnn of voters of the ward In which they re side, tint n mistake or error In this respect or a failure to give notice for the full tlmo required herein, shnll not Invnlldnte any election otherwise lor"! Section 1fi. On or before tho second 'ay after tho election tho returns hereof shall ho filed with tho recorder "'d on tho fourth day nfter the elec tion, or sooner If tho returns of all the wnri'n pre in. tho recorder shnll call to his assistance, tho mnyor of the cltv of Sumpter nnd three councllmen who nro not then o-mdldatoR for elec tion to nnv cltv office nnd they shnll canvass the returns of tho election. Section 17. A written stntnment of tho cnnvnss shnll ho mndo nnd signed hv tho ennvnsscrs. nnd Hied with tho recorder within tho tlmo nnnolnted to complete tho cnnvnss: such writing shnll contain n ntntomont of the whole number of votes cast nt such election, tho number given for nnv nerson for nnv offlco. tho nnmes of such parsons elected nnd the offlco to which they nro respectively elected. Section 18. Immediately nfter tho completion of the cnnvnss, nnd tho til ing of the written ntntomont thereof nn above provided, tho recorder shnll mnko nnd sign a certificate of elec tion for each person declared elected, nnd deliver the same to tho person ontltled on demand. Section 19. a cortlflcato of election shall ho primary evidence of the elec tion or appointment of the party named therein to tho offlco therein specified: but tho council shnll ho tho Judges of tho qualifications and elec tion of its own members. Section 20. A contested election for mayor or treasurer shnll bo dctor connocted In any mnnner with any mined according to tho Inws of tho stnto regulating proceedings In con tested elections or appointments ot county officers. Section 21. Tho term of ofllco of every person elected to office under this I HIT HIUIII ('(Hllllll'Illl! I'll hut mm muii- I day In Jnnunry nfter his election nnd termlnnte when his successor Is elect ed nnd qualified. Every person elect ed or nppolnted to ofllco under this net shnll, heforo entering upon tho dis chnrgo of his duties ns such offlcor, take nnd fllo with tho recorder, nn oath of office to tho following effect: "I do solemnly swear (or nfflrm) thnt I will support tho constitution of tho United Stntcs nnd of tho Stnto of Ore pop, nnd thnt I will, to tho best of my ability, faithfully perform the duties of the ofllco of of tho city of Sumpter. during my rontlnu aneo therein: so help mo flod." CHAPTER III. VACANCIUS IN OFFICE. Section 22. An office shall bo domed vncnnt upon tho death or resignation of tho Incumbent or when ho shnll absent himself from tho city without the consent of tho council for n period of thirty days. Tho ofllco of council man shall ho deemed vacant whenevor tho Incumbent t Hereof shall fall to at tend tljreo cotiscoullvo meetings of tho council, unless upon leave of tho council first obtained. Section 23. A vacancy In nny offlco caused by tho failure of tho porson elected to qualify therefor, ns pro scribed by section 21 or mndo by or consequent upon tho Judgment of nny court, or In nny of tho cases specified in sections 22 nnd 171, must be filled by appointment by tho mayor with tho concurrence of a majority of the coun cil, and such person so appointed shall hold such offlco until the next general municipal election and until his suc cessor Is elected nnd qunllfled. Section 21. Any offlcor appointed to fill a v.ieaney must, within Ave dnys from tho date of such apolntmcnt, qualify therefor ns In tho enso of nn offlcer elected, or he shnll ho deemed to hnvo declined, and such offlco shall ho declared vacant. CHAPTER IV. OF THE ORGANIZATION AND POW ER OF THE COUNCIL. Section 25. Thero shall bo a regu lar meeting of tho council on thu llrnt Monday of each year, which meeting shall ho designated as tho annual meet ing of tho council, and tho council shall provide for tho tlmo and place of Its other regular meetings, at any of which It may adjourn to the next reg ular meeting or to some specified tlmo prior thereto, and It may ho convened by tho mayor at any time, upon Ills giving notice to each member of tho council ut that I lino present in tho city, In tlmo to enable them to at tend, provided that thero shall ho u majority of the council then within the city, and provided that the mayor shall call a meeting of tho council nt any tlmo upon tho request of threo of Its members. Section 20. A majority of tho mom bors of the council, shall constitute a quorum to do business, hut a less number shall meet and adjourn from time to time, and compel tho attend ance of the absent members. Section 27. Tho council mny adopt rules for tho government of Itn mem bers nnd Its proceedings. It must keep a Journal of Its proceedings, nnd on tho cnll of any two of Its members must causn tho nyea and nayes to bo taken nnd entered upon its Journnl upon nny question heforo It; hut upon a question to adjourn tho ayes nnd nnys shall not ho tnken, unless upon tho cnll of threo members. Its de liberations nnd proceedings must ho public. Section 28. The council mny punish nny member for disorderly conduct nt nny mntolng ,or for refusing or neg lecting to nttend a regular meeting without sufficient excuse therefor, and mny, for sufflclcnt cniiBo, by n throe fourths voto oxpol a member upon chnrges preferred nnd a trial had as may bo provided by ordlnnnco; nnd may declare, by ordinance, for what offences city officers may bo lm-