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)
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