The gazette-times., October 10, 1918, Page PAGE EIGHT, Image 8

PARE EIGHT
THE GAZKTTE-TDIES, HEPPNER, OREGON, THURSDAY. OCTOBER 10, 1918.
PROPOSED NEW CHARTER FOR THE CITY OF,HEPPNER
(Continued (rocn Pagf Four)
groive conditions.
By a careful reading and study of this text, you will be
able to vote intellijrentlv.
AN ACT
An Art proposed by the Common CouncH of the City of Heppner, Morrow
l uiitj, Oiejji n. to enact, provide and adopt a Cliarter for the City of
lirppner. Morrow County, Orepi.p, to lie submitted to the legal voters
of it.e C'ty ot Heppner, Morrow County, Oregon, for their approval or
rejection .t a special election to be held in said City, on the 20th day
of UeocimMT, IMS. and to repeal all acts or parts of arts in conflict
therewith.
T11K PEOPLE OF THE CITY OF HEPPNER DO ORDAIN AS FOLLOWS:
CHAPTER I.
'ORGANIZATION AND BOUNDARIES.
Article I.
CORPORATE POWERS, RIGHTS AXl) LIABILITIES:
St-rfiin l. T'ris Art is hereinafter referred to as the Revised Charter
of the City of Heppner:
EXISTENCE OF THE CITY OF HEPPXER CONTINUED CORPORATE
POWERS:
Section 2. The Municipal Corporation now existing and known as the
City of Heppuer shall remaiu and continue a body politic and corporate by
the name of the City of Keppner. The Inhabitants of the City of Heppner
within the limits hereinafter set forth shall be and they are hereby consti
tuted a body politic and corporate and declared to be a municipal corpora
tion, by tho name and style of the "City of Heppner," and by such name
shall have perpetual succession; and may contract and be contracted with,
sue and be sued, implead and be impleaded, defend and be defended in all
courts of justice and in all actions, suits and proceedings whatsoever; may
purchase, hold and receive property, both real and personal, within the city
for public huilriings, public works, school purposes, streets and city improve
ments and all other city and municipal purposes; may purchase, hold, lease
'and receive property, both real and personal, within and beyond the city
limits, for hospitals, prisons, work houses and houses of correction and for
other proper and legitimate municipal purposes, and may erect necessary
public buildings and works thereon, and may enclose, ornament anl improve
the same; and may also purchase, lease, hold and receive property, real and
personal, within and beyond the limits of the city for the construction and
maintenance of water works to supply the city with water and of gasworks
and electrical works to supply the city with light, heat or other municipal
purposes, and may acquire property by the exercse of eminent domain with
in or beyond the limits of the city for public use, and for the purpose of
supplying the city with water, light, heat, and- other public purposes, and
shall have the right to possession and control of all public buildings and
property and of all tracts of land bslonging to said city and may lease, sell
or disprrp of the same for the benefit of the city; may receive bequest,
gifts and donations, of all kinds cf property in foe simple, in trust or other
wise, for charitable or other purposes, and may do all acts necessary to
carry out the purposes of said gifts, bequests and donations, with power to
manage, sell, lease or otherwise dispose cf the same in accordance with the
terms of the gift, bequest or trust, or absolutely in case such gift, bequest or
trust be unconditional,
GRANT OF GENERAL GOVERNMENT POWERS:
Section 8 The City of Heppner shall be vested within its corporate
limits with authority to perform all pi bile services and with all govern
mental powers exept as are expreusely conferred by law upon other public
corporations and subject to he limitations prescribed by the Constitution
and laws of the State, except as hereinafter provided.
PROPERTY RIGHTS OF CITY:
Section 4. The City of Heppner shall continue under this Charter to
have, bold and enjoy, all property, rights of property and rights of action of
every nature and description of the municipality now existing and known
as the City of Heppner, and is hereby declared to be the successor of the
same. . . -J !.'i8ESP
SOTS, ACTIONS AM) PROCEEDINGS:
Section 5. Suits, actions and proceedings may be brought in the name
of the City of Heppuer, for the recovery of any property, property rights
money or things belonging thereto, in law or in equity, or dedicated to the
public use therein, or for the enforcement of any rights of, or contracts
with said city, whether made or arising before or after the adoption of this
Charter. All existing suits, actions and proceedings In the courts or else
where, to which said city is a party, shall continue to be carried on by or
against said city.
CONTRACTS, HOW AUTHORIZED:
Section 6. The City of Heppner shall not be bound by any contract or
in any way liable thereon, unless the same be autohrized by ordinance or
resolution adopted by the Common Council of said city and a record of such
resolution entered in the minutes of the proceedings at which said resolu
tion was adopted, and any contract so authorized must be in writing, and
be signed by the Mayor in behaif of the City, and sealed with the corporate
seal of the City, and be attested by the Recorder. But an ordinance or reso
lution as aforesaid may authorize the Mayor of the City, to bind the City
without a contract in writing for the payment of any sum of money not ex
ceeding One Hundred ($100.00) Dollars.
CONFIRMING ACTS UNDER PREVIOUS CHARTERS LIABILITIES UN
1EK PREVIOUS CONTRACTS:
Section 7. Al! indebtedness hereto created by the City of Heppner and
all evidences of debt issued therefor, are hereby declared valid obligation:
binding on the City of Heppner. . l
EXISTING ORDINANCES AND LIABILITIES:
Section 8. All existing ordinances of the City of Heppner as now In
corporated, in force when this act take3 effect, and not inconsistent there
with, shall be and remain in full force after this act takes effect and there
after until reDealed bv the Common Council, and no right vested, nor liabil
ity incurred when this act takes place, shall by any provision of this act, be
lost, discharged or impaired.
- . .... . . " i T . L' nrwmW
TIME FOR PH KKE X TMKJi 1 O IJjAIMH rvm imji.ium
THEREON:
Section . Every claim for damages against the city must be presented
to the Council and filed with the Recorder within six months from the taking
-effect of this Charter or within six months after the time when such claim
for damages accrues, otherwise there shall be no recovery on any such claim.
No ordinance shall be passed allowing any such claim, or any part thereof
or appropriating money or other property to pay or satisfy the same, until
such, claim has been referred to the City Attorney, and the City Attorney has
made his report to the Council thereon pursuant to such reference, unless
judgment has been rendered on such claim. No action shall be maintained
against the city for damages upon any claim until the same has been pre
sented to the Council and filed with the Recorder as above set out and sixty
days have elapsed after Buch presentation.
Article II.
POWER AND AUTHORITY WHERE VESTED:
Section 10. The power and authority given to the municipal corpora
tion of the City of Heppner shall be and is hereby vested in a Mayor Com
mon Council, and such other boards and officers as are provided by this
Charter, and their successors in office, to be exercised in the manner herein
after prescribed.
OFFIC ERS OF THE C ITY ELECTED:
Section 11. There shall be elected as hereinafter provided a Mayor
Treasurer, Recorder, and Six Councilmen, who shall be officers of the City of
Heppner. .. .'ti 'S
Article III.
BOUNDARIES OF THE CITY OF HEPPXER:
Section 12. The Boundaries of the City of Heppner shall be and are
hereby declared to be as follows: Beginning at the center of section twenty
seven (27) in Township two (2) south. of range twenty-six (26) east of
Willamette Meridian, thence East two hundred and sixty (260) rods; thence
South one hundred and sixty (160) rods; thence East sixty (60) rods;
thence South three fourths of one mile; thence West one mile; thence North
one and one fourth mile to the place of beginning;
POWER TO ANNEX TERRITORY:
Section 13. The City of Heppner may annex additional territory con
tiguous to and adjoining the limits of said city in the manner provided by
the laws of the State of Oregon governing the annexation of such territory
by a municipality of the State of Oregon, in force and effect at the time such
territory is annexed by the City of Heppner, and such territory, and the in
habitants thereof, when so annexed shall become a part of said city and sub
ject to tlie jurisdiction thereof; provided, however, that the common council
of the City of Heppner may enact an ordinance governing the annexation of
additional territory contiguous to and adjoining the limits of said city which
ordinance shall not be inconsistent with the general laws of the State of
Oregon governing the annexation of additional territory by municipalities,
in which case the City of HeppneV shall proceed under said ordinance when
annexing additional territory contiguous to said city. ,
CHAPTER II.
y ELECTION OF OFFICERS. ;A
, ' ; Article I.,
FIRST ELECTION UNDER THIS CHARTER:
Section 14. There shall be held bi-ennially in the city of Heppner,
Oregon, a general election which shall be called the General Municipal
Election. The first General Municipal Election under this Charter shall be
held in the City of Heppner on the first Tuesday after the first Monday in
November, 1920, and bi ennially thereafter.
TERM OF OFFICE:
Section 13. All elective officers of the City of Heppner shall be elected
at the General Municipal Election. The Mayor shall be elected for a term of
two years, and the members of the common council shall be elected for a
term of four years, and the Treasurer and Recorder shall be elected for a
term of two years, and all of such officers shall hold their office until their
successors are elected and qualilitd. ,
INCUMBENTS IX OFFICE TO 1101.1):
Section 16. The incumbents in office, and all appointive officers of the
City of Heppner, who shall be in office when this Charter shall take effect,
shall hold their respective offices until the end of the terms for which they
were respectively elected or appointed, and until their respective successors
shall have been elected or appointed and qualified.
TIME TO QUALIFY:
Section 17.. All persons elected to office at the general municipal elec
tion held under this charter shall qualify and assume the duties of their
office on the first Monday of January next following such General Municipal
Election, and shall hold such office for the term for which they were elected
and until their successors are elected and qualified hereunder.
SPECIAL ELECTIONS:
Section 18. All other elections held under this Charter shall be de
nominated Special Elections, and shall take place not less than ten nor more
than thirty days after an ordinance calling the same takes effect, providing,
however, that such limitation shall not apply to any Special Election called
upon the petition of the electors of the City, under the Initiative and Refer
endum law of the State of Oregon, or to any Special Election called under
any Initiative and Referendum Ordinance which may hereafter be passed
and adopted by the Common Council of the City of Heppner and duly ap
proved by the Mayor.
QUALIFICATION OF VOTERS:
Section 10. No person shall be entitled to vote at any General or
Election within the city of Heppner, who is not a qualified elector of tho
State of Oregon, and who has not been abona fide resident of the city of
Heppner for at least thirty days next preceding such election. No person
shall vote at any election for the purpose of determining any assessment or
tax unless, in addition to the above requirements, he shall at the time of
voting be the owner of property within the city subject to taxation and upon
which he actually pays a tax; nor at any election for the purpose of determ
ining any assessment or tax affecting real property solely unless, in addition
to the above requirements, he shall at the time of voting be the owner of
real property within the city limits which shall be affected by such assess
ment or tax.
MANNER OF HOLPIX3 ELECTIONS:
Section 0. All elections within the city of Heppner shall be held in
accordance with the general election laws of the State of Oreeon. so fAr a
me same may oe appncauie.
NOTICE OF ELECTION:
Section 21. At least ten days before any general municlnal election
the City Recorder 3hall cause to be posted at least three written notions in
each voting precinct in said city, specifying the officers to be elected, the
matter to be voted upon, if any, and the time and place of holding such
eiecuuu.
NOTICE OF SPECIAL ELECTION:
Section 22. At least ten days before any special elention, the City
w.uci eouw iu ue uosiea bi least six notices in writing within said
city, specifying the time and place designated for holding such election, and
ymyuDQ iui nuitu suiu tuecuin is neia.
QUALIFICATION OF JUDGES AND CLERKS OF ELECTION:
ku.u014 231 JudSes and Clerks of the election must be qualified voters
within the City at the election upon which they serye; but a mistake or
c..u. .u una respect snau noi invalidate any election otherwise legal, pro
vided, however, that when General Municipal Elections are held at the same
time that primary or general biennial elections are held for State and County
ufflcers. and the duties of such Judges and Clerks rendered by the Judges
and Clerks of such primary or general election for State and County officers
then the qualification of such officers shall be the same as the Judges and
Clerks appointed by the County Court of Morrow County, Oregon for such
primary, or general elections ior state or county officers.
MANNER OF VOTING: '
Section 24. All voting shall,be by ballot, and the Common Council may
uj uiumauuc piesiriuo uie lurui ol uauot.
TIME POLLS SHALL BE OPEN:
Section 25. At all elections under this act the polls shall be opened at
LiBiu o ciock a. m. ana snail De Kept open until five o'clock p. m.; provided
.hat the Judges and Clerks shall have power to adjourn from one to two
o'clock p. m., due proclamation bring made of such adjournment, and pro
vided further, that when any city election is held at the same time that
rimary cr general elections are held for State and County officers, and the
'titles of such Judges and Clerks are performed by the Judge3 and Clerk3
ippointed for such State cr County elections, then the time such polls shall
;e Kepi open snau not De consistent with the laws of the State of Oregon
jci mining liLi eLU,
OMMOX COUNCIL TO ORDER ELECTIONS:
Section 20. It shall be the duty of the Common Council to order all
lections; to designate the place or places of hoidins the same; to order
.;uce to do given thereof, and to aooolnt the judees and clerks nf nleetlnn
.hen such judges and clerks are not appointed by some other authority for
.icu uiecuuu. in caso one or more cl said judges or clerks of election shall
t be present at the time prescribed foronenlne the Dolls, the Indies nnrl
ierks present may elect any qualified person present to act as such Judge or
SALIFICATION OF OFFICERS:
Section 27. No person Is eligible to' any elective office in said City,
ho at the time of his election is not a duly qualified olector of the City of
it-ppner, unner me provisions or tilts Charter, and who has not resided in
he City of Heppner, for one year next preceding his election, or who has
lot resided for one year next preceding his election, within the territory
embraced within the city at the time of his election.
OFFICE WHEN VACANT:
Section 28. An office shall be deemed vacant upon the death, removal
;'rom the city, or resignation of the incumbent, or unon such incumhent
ceasing to possess the qualifications of an elector, or upon failure of any
jmcer electee, to quality at the time fixed by this Charter for inv office
elected under this Charter.
The office of Mayor and of the Treasurer shall be deemed vacant
whenever the incumbent thereof shall be absent from the city for a period
of thirty days, provided, however, that the Common Council may grant such
fflcers a further leave of absence for thirty days additional thereto but at no
lme shall the Mayor or Treasurer be absent from the city at any one time for
a greater period than sixty days, except in case of sickness and with the con
sent of the Council. The office of Councilman shall be deemed vacant when
any incumbent thereof shall fail to attend any three consecutive regular
meetings of the Council, unless upon leave of the Council first obtained,
providing further that the Common Council may grant any (councilman a
leave of absence for a period not to exceed sixty days.
VACANCIES IN OFFICE HOW FILLED:
Section 20. In case of a vacancy occuring in the office of Councilman.
Treasurer or Recorder, the Mayor, with the consent of the Common Council
shall fill such vacancy until the next regular election. All officers so ap
pointed shall quality within ten days from such appointment. In case the
office of Mayor shall become vacant, such vacancy shall be filled by the Com
mon Council.
ELECTION SUPPLIES:
Section 80, The Common Council shall provide all necessary poll
books, ballots, ballot boxes, tally sheets, and all such other supplies that
shall be required for any election held in this City, and cause the same to be
delivered to the Judges and Clerks of such election at the opening of the
polls.
TALLY SHEETS, ETC., RETURNED TO RECORDER:
Section 31. Immediately after canvassing the votes, the Judges before
they separate or adjourn, shall enclose the poll books and tally sheets in a
separate envelope and seal the same securely, and deliver the same forth
with to the Recorder together with the ballot boxes.
CANVASSING ELECTION RETURNS:
Section 32. Upon the returns being made to the Recorder, he shall re
port the same to the Common Council at a meeting to be held for that pur
pose within live days after the election, and the Common Council shall
thereupon proceed to canvass the returns of such election and declare the
results. A written statement of the canvass shall be made and signed by the
canvassers ana niea with the Recorder within tne time appointed to . com
plete the same, such writing shall contain a statement of the whole number
of votes cast at such election, the number ot votes cast tor any person tor
. . ".-"'"'i "
office, and tor and againat the matter. voted upon, and the name of the per
son elected and to what office. Immediately after the completion of the
canvass, the Recorder shall mike and sign a certificate of election of each
person declared thereny to be elected, and deliver the same to the person
elected, and such certificate shall be prima facie evidence of the tacts there
in contained. ,;
JUDGE OF QUALIFICATIONS:
Section 33. The Common Council is the Judge of the qualifications ot
Mayor, and of its own members, and in case of a contest between two per
sons claiming to be elected Mayor, Councilman, the Council must determine
the same, subject, however, to the review of any court of competent Juris
diction. A contested election for any other office than of Mayor or
Councilman must be determined according to the laws of the State of Ore
gon regulating the proceedings of contested elections In County officers.
THE INITIATIVE AND REFERENDUM:
Section 34. The power to enact or amend the Charter of the City ot
Heppner, and all other rights guaranteed to the people of this City under
the Initiative and Referendum laws by the Constitution of the State of
Oregon, are hereby fully reserved and guaranteed to the people of the City
of Heppner by this Charter, and the Common Council is hereby authorized
and empowered to enact such legislation, as will carry it into effect.
THE CORRUPT PRACTICE ACT:,
Section 35. The laws of the State of Oreeon. eovernlner cnrnint nr.
tlces at elections shall apply to each and every election held within the
City of Heppner.
CHAPTER III.
LEGISLATIVE DEPARTMENT.
Article I.
Council: Its Organization.
MEETING OF COUNCIL:
Section 36. It shall be the duty ot the Council to meet at least once
in each month, and to provide by ordinance for the time and place of hold
ing its meetings. All special meetings of the Council shall be called by
the Mayor. '
QUORUM MAJORITY DEFINED YEAS AND NAYS:
Section 37. A majority ot the members of the Council shall consti
tute a quorum to do business, but a less number may meet and adjourn
from time to time, and may compel the attendance of absent members
Three members or more of the Council shall constitute a quorum within the
meaning of this Charter. The concurrence of a majority of a quorum is
sufficient to determine any question or matter, except that the final passage
of an ordinance shall require a majority of the members of the whole Coun
cil. All votes on the final passage of an ordinance or resolution shall be bv
yeas and nays. '
RULES AND RECORDS MEETINGS PUBLIC:
Section 38. The Council may adopt rules for the government ot its
members and its proceedings. It must keep a Journal of its proceedings
and upon the call ot any two members of the Council must cause the yeas
and nays to be taken and entered in its Journal upon any question before it.
FIRST MEETING:
Section 3S. On the first Monday in January next following any gen
eral municipal election there must be a regular meeting of the Council and
such meeting is appointed by this Charter and no notice thereof is necessary.
CHAIRMAN OF COUNCIL HOW CHOSEN HIS DUTIES:
Section 40. At the first regular meeting of the Council In January ot
each year, or as soon thereafter as practicable, the Council shall choose one
of its members who shall be designated as the Chairman ot the Council In
the absence of the Mayor, or in case of his inability to act from any cause
or in case of a vacancy in the office of Mayor, the Chairman of the Council
shall have and exercise the powers and perform all the duties of the Mayor
during such absence or vacancy. In case both the Mayor and Chairman
should fail to attend any meeting, a quorum of the Council may elect a
Chairman from their number for the purpose of the meeting, who shall be
designated as Chairman ot the Council pro tern.
Article II.
Procedure of Council.
COUNCIL TO ACT BY ORDINANCE OR RESOLUTION:
Section 41. Tlie power and authority given to the Council by this
Charter can be exercised only by Ordinance or Resolution, except as other
wise herein provided.
STYLE OF ORDINANCE:
Section 42. The Style of every ordinance of the City of Heppner shall
be: "The People of the City of Heppner do ordain as follows;"
ORDINANCE, PASSAGE OF:
Section 43. Every ordinance which' shall have passed the Common. '
Council shall before It becomes effective and a law of the City be presented
to the Mayor, if the Mayor approves the same he shall sign it; but if not he
shall return it with his objection thereto to the Council, which nlinll onto
paid objections at large upon its records, and may, at any regular or ad-
juurnea meeting merearter, proceed to reconsider the same. If, after such
consideration, two thirds of the members of the Council shall agree to pass
the ordinance, it shall become effective and a law of the City. If an ordin
ance shall not be returned by the Mayor to the Recorder for the Council
within five days (Sundays excepted) after it shall have been presented to
him, it shall become effective and a law of the City without his signature.
A proposed ordinance for the City of Heppner may be introduced at
any regular or adjourned meeting of the Common Council, and shall be
read three times before being enacted.
A proposed ordinance shall be read the first time by title only at the
meeting at which It was Introduced, unless otherwise ordered by a majority
of the members of the CouncU present; and, unless objection be made,
such proposed ordinance shall be deemed to have passed its first reading. If
objection be made to such proposed ordinance, the question of it passing
Its first reading shall be decided by a vote of the Common Council upon roll
call.
Such proposed ordinance after passing its first reading shall lie upon
the table until the next regular or adjourned meeting of the Council; pro
vided, that the Council may by a two thirds vote o the members present
order such proposed ordinance to be placed upon its second reading at the
same meeting at which it was Introduced.
Upon the second reading of a proposed ordinance, it shall be read by
title only, unless .otherwise ordered by a majority of the members of tho
Council present; and, unless objection be made, such proposed ordinance
shall be deemed to have passed Its second reading. If objection be made
to such proposed ordinance upon Its second reading, the question of its
passing its second reading shall be decided by a vote of the Council upon
roll call.
After a proposed ordinance shall have passed its second readlne. it
shall lie upon the table until the next regular meeting of the Council unless
it be rererred to a committee for consideration and recommendation; pro
vided, that the Council may, by unanimous consent of the whole Council,
place such proposed ordinance upon Its third reading at the same meetine
at which it shall have passed its second reading. If a proposed ordinance
be referred to a committee, such committee shall report such ordinance.
with Its recommendations, at the next meeting of the Council, unless other
wise directed by the Council.
Upon its third reading a proposed ordinance may be amended, either
by motion or upon adoption of the recommendations of the committee to
which said proposed ordinance may have been referred. Upon the third
reading such proposed ordinance shall be read and considered by sections,
and the vote upon its final passage shall be by roll call.
The Council may, by resolution or by a provision incorporated within
an ordinance, provide for the publication of such ordinance and determine
the method of publication; provided, that if 'no order for publication be
made, the ordinance shall take effect wlhout publication, and provided fur
ther, that If such order for publication be made by resolution, a copy of such
resolution shall be recorded in the record of ordinances Immediately fol
lowing the record of such ordinance.
COUNCIL AUTHORIZED TO PASS ORDINANCES:
Section 44. The Council of the City of Heppner is hereby authorized
and empowered to pass any and all necessary ordinances for the purpose
of carrying Into force and effect any of the provisions of this Charter, or the
provisions of any law which now exists, or which may hereafter be enacted.
concerning such municipal government.
ORDINANCE REQUIRED IN CERTAIN CASES:
Section 45. No franchise shall be granted for any purpose, except by
ordinance, and no such ordinance shall be passed by the Council on the
day ot its itroduction nor within five days thereafter, nor at any other than
a regular or adjourned meeting'.
RESOLUTION REQUIREMENTS:
Section 40. All resolutions passed and adopted by the Common Coun
cil shall be approved and signed by the Mayor, and attested by- tho Record
er, a record thereof entered in the minutes of the meeting and the original
kept on file in tho office ot tho Recorder. ' ,. , , .J
RESOLUTION REQUIRED IN CERTAIN CASES:
Secion 47. No action providing for any specific Improvement or tho
expenditure of any public money, (except a sum less than $600.00), for the
appropriation, acquisition, sale or lease of public property shall be taken ex
cept by resolution, except as otherwise provided by this Charter.
(Continued next week)