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About The gazette-times. (Heppner, Or.) 1912-1925 | View Entire Issue (Oct. 24, 1918)
CAGE TWO THE GAZETTE-TIMES. HEri'NER, OREGON. THURSD AY, OCTOBER 21, 1018. PROPOSED NEW CHARTER FOR THE CITY OF HEPPNER AN ACT An Art ptvpoMt! by the (ir.m.u Council of the City of Heppner, Morrow C untj, li. t enact. provide ami ndopt a C!iarter for the City of llcppstor. Mim- County. OM'p:n, to le submitted to the legal voters i f i!.e City of He;ncr. Mimit County, Orepm. for their approval or n-.ie- -; n :it si -ptvia c!et'..'P. to he ljeld in said City, on the 20th day t.r Mii'x-r, tiMS. and to repeal all acts or parts of acts in conflict l!.."!vi it h. 11'.!: S KCi'l.E K THE CITV (! HKITXEIMM) ORDAIN AS FOLLOWS: (Continued from last week.) V.' :T- HOW DK AWN: s, !. ;i 77. When a:.y demand has been duiy approved, audited and uli ".Oil ! the coumtl. the Kceorder shall draw warrants on the Treas urer i! 'erefor. Such warrant? must be drawn on the fund appropriated t!:t!rfr and be signed by the Mayor, and attested Dy the itecorcter, ana iso warrants shall be valid unless signed by the Mayor and attested by the Kworder. RECORDER TO ISSIE LICENSE: Soctir.u 78. The Recorder must issue all licenses authorized by or iSuanee or resolution upon the delivery to him of the receipt of the Treas Krer for the amount of money required for such license. RECORDER TO ADMINISTER OATH: Section 7i. The Recorder is authorized to administer oath, and he may require any person presenting for settlement an account or claim of any hind against the City, to be sworn before him relative to such account or claim, and when so sworn to answer orally as to any fact relative to the merits or justice of such account or claim. .RECORDER JUDGE OF MUNICIPAL COURT: 'Section 80. The Recorder shall be Judge of the Municipal Court, and unall .reside over the same and do and perform all and every act or acts required of him as Judge of the Municipal Court. RECORDER TO KEEP ISSUED: RECORD OF DEMANDS. AND WARRANTS Section 81. The Recorder shall keep a record of all demands audited fcy hi:a, showiny the Eu.nber. date, amount, r.ams of the original holder tfwroof.. and aga'nst what appropriation ('.:?." :i and cut of what fund pay able, lie r-lull also keen a record of warrant, showing the funds upon which iley are drawn, he number, in v'n,,?o tavor. for what service, and the apr-rjpriation applicable ro ihe pa-men; thereof. reive and keep all moneys that by ordinance, make a written cilice, and such otljer matters as SIECORDER TO MAKE REPORTS: Srl!.n 83. The Treasurer f.". r Mich times as the Council may prescribe rrport showing the true coiiciitk.iis of Ms the Council may direct. Article II. Treasurer. TREA SUERER QUA LIUCATI'JNrt TERM OF OFFICE : Section 83. Th.-.j ukuV. bo a Treasurer of the City of Heppner, who shall have been a duly aua'.ifeC voter of the City for at least one year next preceding his election. Ko- shall be elected by the people and hold his office for a term of two yean, and until his successor is elected and quali fied. SALARY OF TREASURER: Section 8-1. 1 ' ' '"".Mirer slnll receive for his service such salary as may be determined by the Council. DUTIES OF TREASURER: Section 85. The Treasurer shall receive, and keep all moneys thta shall come to the City by taxation or otherwise, and pay out the same upon the warrants issued by the Mayor and attested by the Recorder. He must kern an acoun?, with the general funds and a separate account with each special fund that may be raised for any specific purpose or object; and -when a warrant is drawn on any particular fund it shall be paid out of such fund only. The Treasurer shall make a quarterly statement to the Council, showing the receipts and disbursements and the state of each p?.rU nlttr fund at tha close of business on the first. Monday in January, April, July, and October, and shall also on the first Monday in January pn pare and transmit to the Council, a report of the receipts and disburse ments cf the Citv for the calendar year ending on the 31st day of Decem ber, n'st preceding, and the state cf each fund at the close of business on ?.iu 5ls; dav of December, and shall file fae same with the Recorder. The Treasurer is' authorized and empowered in case a deficit occurs in the City lmp-OTM'iiPDt Bond Interest Fur.d cf any Paving Unit for which bonds have liwn is.- urd. to transfer sufficient amount from the City Improvement Bond Sinking Fund of such Unit temporarily to its interest fund to meet such deficit. 1JOND OF TREASURER: f-'sruwi) S. The Treasurer shall give a bond witi surety or sureties to he approved by the Mayor and the Council, in a sum to be determineo by the Council to secure the faithful performance of his duties. RECEIPTS HOW ISSUED BV TREASURER: Section 87. The Treasurer, on receiving any money into the treas- tiry, shall make out and sign a receipt and deliver the same to the person paving the money, such receipts shall be numbered and dated, and shall specify the amount and on what account and from what person or offker received, and into what fund or on what account paid. The Treasurer sYiall enter upon the stubs of such receipts a memorandum of the contents thereof. OFFICERS OR PERSONS TO PAY MONEY TO TREASURER: Section 88. Any officer, or agent of this City, or other person who shall receive or have in his hands any money belonging to the City, shah .inmiediately pay the same over to the Treasurer. Article III. City Engineer. Seel ion 8f). The Mavor w ith the consent of the Council may appoint Citv Engineer, who shall have been in the practice of his profession for at least five years and have had responsible charge of work for the same length of time. Article IV. Board of Health. RD OF HEALTH: S'-etion 00. The City Board of Health of the City of Heppner, shall r . 'i d by :!.) powers, rules and regulations as may be prescribed by vv.wicv not iwmiststant with tne laws ui me owm ui uiuu, A. s f! il o t'ni'.'-d States. fx CHAPTER VI, JUDICIARY. Article I. Municipal Court. 3VM( II'AL COURT CREATED: Section 01. There Is hereby created a Municipal Court for the City ..-I i;-),;;i;f r, which shafl be known and described an "The Municipal Court f t the City of Heppner." .JURISDICTION OF MUNICIPAL- COURT: Section J2. The Municipal Court shall have jurisdiction of, and over all violations of City ordinances, and of all actions brought to enforce or re trrer env forfeiture or penalty declared or given by ordinance; and shall Have within the Ci'y of Heppner, the jurisdiction and authority of a lattice of the Peace and Committing Magistrate, 4VDGK OP MUNICIPAL COURT: Section 03. The Recorder of the City of Heppner is hereby made Judge of the Municipal Court, and he shall be the judicial officer of the City, and shall hold court therein. Ho shall keep the Municipal Court open for business during reasonable hours of the day. DUTIES OF RECORDER IN MUNICIPAL COURT: Section 4. The Recorder shall record all the proceedings of said court in a convenient book or records kept by him for that purpose. The records so kept shall be public records, subject to the examination and in spection as other public records. He shall have power and it shall be his duty to take oaths and affidavits; file keep and preserve the records and files of the court; to receive all moneys deposited for ball, and all fines and costs imposed by him in the Municipal Court, and to preside over all sessions of said Municipal Court and to do and perform all other duties re quired of him as judge in said Municipal Court, by this Charter or ordin ances of the City, not inconsistant with this Charter. PROCEEDING'S IN MUNICIPAL COURT JURY TRIALS: Section OS. The proceedings before the Recorder in the Municipal Court, including nil proceedings for the violation of any City ordinance, rre regulated by the general laws of the State of Oregon, applicable to the Justice of the Peace or Justice's Court in like or similar cases, but in a proceeding for the violation of a city ordinance the trial shall b? before the Recorder without a jury unless the defendant a jury, shall deposit in court a sum sufficient to pay the per diem of such jury for one day. The jurors summoned or serving in said Court shall be paid the same per diem ?. '-iii-vd to be paid to jurors serving in Justice's Court, the same t;i be paid by the Recorder out of the money so deposited by the defendants. FEES. COSTS AND ETC. TO HE PAID TO TREASURER: Section IXi. All fines, costs and expenses or fees taxed against or re ceived from any defendant in a criminal proceeding before the Court er Judge thereof, either for the violation of a city ordinance or law of the state, shall, when received or collected, be paid by the Recorder to the Treasurer, who shall give him a receipt therefor, which he shall file. in his office; all fines imposed by the Recorder and penalties recovered before him, either for a violation of an ordinance or a law of the state, shall "lien collected or received be disposed of by him in like manner, and said Recorder shall not he entitled to have or receive any tea or compensation for any act done by him, or performed by virtue of this Charter, other nan his salary. FEES WHEN ACTING AS JUSTICE OF THE PEACE: Section P7. When any service authorized by law to be performed by a Justice of the Peace shall be performed in the Municipal Court by the Judge thereof, such Judge may tax and collect therefor the fees or com pensation prescribed by law to be charged by Justice of the Peace for such service, and such fees may be retained by the Judge of said Municipal Court. ABSENCE OF RECORDER: Section 08. In the absence of the Recorder, or inability to act, the Mayor may preside over the Municipal Court and shall do and perform all duties required of the Recorder by this Charter, or may designate any person having the o.ua'.ifications of Recorder to act in his stead.. Such appointee shall immediately take the oath of office, and perform the duties of Recorder during such temporary absence or inability, and he shall re ceive the same compensation as the Recorder, all sums so paid to him shall ba deducted from the salary of the Recorder. The official title of such appointee while so acting shall be "Recorder pro tempore." APPEALS FROM MUNICIPAL COURT: Section 00. P.'xcept as hereinafter stated, appeals may he taken and shall be allowed from any final judgment rendered in the Municipal Court in all actions, both civil and criminal, under the same circumstances, and on the same condition, in the same manner, and with like effect, that, under the law existing at the time of the rendation of any such judgments, ap peals may be takn and shall be allowed from final judgments rendered in similar actions in Justice's Courts. Any defendant who is convicted of any crime defined or created by this Charter, or of a violation of any ordinance, rule or regulations of the City of Heppner, and is sentenced to any im prisonment or to pay a fine exceeding twenty ($20.00) dollars, may, within five days from the date of such conviction and judgment, appeal to the Circuit Court of Morrow County by giving the City Attorney a written notice of appeal and filing an undertaking on appeal, with one or more sureties, to be approved by the Recorder in -said Municipal Court, which undertaking shall be to to the effect that such defendant and appellant shall pay all costs awarded against him on the appeal, and render himself in execution of any judgment rendered against him on the appeal; and the city may appeal to said Circuit Ciurt from any final judgemnt. in any such criminal action by serving upon the defendant therein or his attorney, and filing in said Municipal Court a written notice of appeal, within five day3 from the date of the rendation of such final judgment. PENDING ACTIONS TO BE PROCEEDED WITH: Section 100. All actions alid proceedings pending In the Recorder's Court of the City whan this Charter takes effect shall thereafter be proceed ed with in accordance with the Charter, or any city ordinance applicable thereto, and continue in force by this Charter. Article II. City Attorney. CITY ATTORNEY QUALIFICATIONS: Section inj. The City Attorney shall be appointed by the Mayor and such appointment confirmed by the Council; he shall be an attorney of the Supreme Court of the State of Oregon, and an elector of the City and State ;f Oregon, at the lime of his appointment. DUTIES OF CITY ATTORNEY: Section 102. The City Attorney must attend to all actions, suits or proceedings in which the City is legally interested, and attend to the irosecution of all persons charged with the violation of a City ordinance r regulation; ho "hall prepare for execution all contracts, bonds or other 'uslruments to which ilie City is a party; ho shall give his advice and pinion in writing concerning any matter in which the City is interested vhen required by the Mayor or Council, and shall draft and prepare all rdinances. SALARY OF CITY ATTORNEY: Section lO.'L The City Attorney shall receive such salary for his ser vices as may be determined by the Council. CHAPTER VII. FINANCE, REVENUE AND TAXATION. Article I. FISCAL YEAR OF THE CITY: Section 101. The fiscal year of the City of Heppner shall commence on the first day of January and terminate on the thirty-first day of Decem ber in ecah year. POWER TO ASSESS, LEVY AND COLLECT TAXES: Section 10.". The Council shall have power and authority in the man ner provided by the laws of the State of Oregon, within the City of Hepp ner, to assess, levy and collect, taxes upon all property, both real and per sonal, not exempted from taxation. On or before tlio first day of December in each year the Council shall levy the amount of taxes necessary to provide for the payment during the fiscal year of all properly authorized demands upon the treasury; andlfor the payment of existing indebtedness; but such levy, exclusive of the tax necessary to pay the sinking fund levy hereinafter provided, shall not exceed for all purposes the rate of fifteen ($.015) mills on each and every dollar of valuation of property assessed. On making the levy the Council stall apportion such sum or sums to each of the hereafter named funds as they may deem necessary and sufficient for their main tenance and support during the ensuing fiscal year. The names of the said funds for which said tax levy as heretofore levied is to be made, shall be designated as follows: (a) "Light and Water Fund" for lighting the streets, public places and buildings of the City of Heppner, and providing water for the same. (b) "Fire Department Fund" for, the maintenance of the Fire De partment. (c) "Police Department Fund" for the maintenance of the Police Department, (d) "Street Repair Fund" for the maintenance, ornamentation, preservation and repair of streets, bridges and crosswalks. (e) "Public Library Fund" for the purpose of maintaining or assist ing a free library. (f) "Park Fund" which levy shall not exceed one-half mill for the maintenance, preservation and improvement of Public Parks of the City and for acquiring by contract, purchase or otherwise the title to land or buildings for such purposes. (g) "Incidental Fund" for the payment of expenses which do not come under any of the funds herein enumerated or which are not expressly provided for by this Charter, but at no time shall the payment out o this fund exceed One Thousand Dollars for any fiscal year. (h) "General Fund" to provide funds for meeting the general ex penses of the City. (1) "Bonded Indebtedness Interest Fund" to meet the payment of interest accruing on bonded indebtedness of the City. j) "Sinking Fund" The Council shall also have the power and authority, at the same time the other annual levy or levies of taxes are made as provided In this Section, to levy a tax on each Dollar valualton of the property In said City for the purposes of the purchase, payment or re demption of bonded indebtedness of the City. UNUSED BALANCE TO GO TO GENERAL FUND. , Section 10(1. The several funds In the treasury authorized by law at the time this Charter takes effect or provided for by this Charter, shall continue therein so long as there shall be occasion therefor. When the necessity for maintaining any fund of the City has ceased to exist and a balance remains in such fund, the Council shall so declare by Resolution and upon such declaration such balance shall forthwith be transferred to the Ceneral Fund. The General Fund shall consist of moneys received by tax or otherwise into the treasury, not specifically apportioned to any other fund. It shall not be lawful to transfer money from any of the special funds, of this Charter, nor use the money in any one of said funds in payment of demand upon another fund, except as herein otherwise provided. PAYMENT OF DEM.VNDS-INDEBTEDNESS: -LIMITATION ON EXPENDITURES AND Section 107. All demands for interest on the bonded indebtedness of tho City and other fixed charges shall be paid as the same mature in accordance with the terms of tho contract. The Council may by ordinance, limit the expenditures of every department of the City government, except interest charges and other charges fixed by contract or by this Charter during each fiscal year, or during any month thereof, and any contract made debt created or liability incurred in excess of the amount authorized by the Council, where the Council may so limit the expenditures of money, shall bo null and void; and provided further, that the total indebtedness of the City of Heppner shall not exceed the sum of Fifteen Thousand ($15,000.00) Dollars, except for specific municipal purpose or purposes as provided else where in this Charter. LIMITATION OK POWER OF BOARDS OR COMMITTEES: Section 108. No board, committee or other officer of the City of Hepp ner, has power or authority to contract any debt or assume any liability in any manner whatsoever by means of which the City may be called upon to pay any sum in excess of the amount specially appropriated by the Council for the use of such board, committee, officer or other department under their charge, and any such indebtedness so contracted, and any such contract entered into shall be null and void. ISSUANCE OF BONDS TO FUND INDEBTEN DESS: Section 100. For the purpose of funding any warrant or warrants or other indebtedness or obligation of the City of Heppner, matured or to be matured In the future, the City of Heppner is hereby authorized and empowered to issue and dispose of bonds of the City of Heppner for the purpose of re-funding or paying any such Indebtedness, but bonds Issued (Continutd on Page Eight) MT. 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Give Us Your Order Now GILLIAM & BISBEE
