Tillamook Haadlight, April 11. 1Ô12. construction within the said 30 days, and appropriate money for that pur or the common council shall then proceed drains and sidewalks. pose ; and to establish and »Iter the 23. To establish fire companies ; to make such improvement, alt rations, i und regulate the same, apropriate grade of any street, or any part there or repairs, or construction, and assess of, and to improve the sidewalks, pave i money therefor, appoint fire war- l thereof as provided in Sections ments, streets and parts of streets 6 the 7 cost and 8 of this Article; provided, N otice is H ereby G ives ,—That dene and prescribe their duties. the city limits, making full or within 26. To restrain and prohibit in - I on the 12tli day of April, 1912, at the partial improvements thereof, and to that all the cost of such improvements, City Hall, in Tillamook City, in the toxication, fighting and quarreling, ( establish a system of sewerage, and to alterat'on, or repairs, or construction, County of Tillamook, State of Ore qr any unlawful or indecent act or ■ construct and repair drains and sewers, may be ordered by the common council gon. a special election will be held ’ practise, and to define what shall | and it has full power to determine and to be paid in whole or in part thereof at which there will be submitted to constitute the same, and to punish provide for everything necessary and out of the general funds of the city. Section 6: That Section 8 of Article the qualified electors of Tillamook any person guilty teereof. 27. To prohibit the carrying of convenient to the exeiciseof the autor- VII of an Act entitled “An Act to in City. Oregon, for their adoption or ity herein granted, including the the 1 deadly weapons in a concealed man corporate the City of Tillamook City, rejection the following Ordinances power to levy and collect special assess- providing for amendments of the ner, and to punish anyone guilty ments on property specially benefited in Tillamo >k County, State of Oregon. .. , I and to repeal all acts or parts of acts in City Charter of said Tillartlook City, ¡thereof. 28. To regulate and prohibit the | by doing of any of said matters or conflict herewith,” filed in the office of to wit: . 4 „ things, for paying the costs and ex use of guns, pistols and fireams, the Secreta-y of State February 13th. ORDINANCE NO. 234. firecrackers, bombs und detonating penses of the same, or any portion 1893, be ana the same is hereby amended thereof, as herein provided; provided An ordinance to amend section 2 of works of every description. _ all public highways and roads now so as to read as follows: an act entitled "An act to in 29. To control and regulate wash I that Section 8: When the cost of the im within the corporate limits of said city corporate the City of Tillamook houses and public laundries, and i become streets and snbiect to the super- provement, alteration, or repair has City, in Tillamook County, State to provide for their exclusion from i vision and control of the common coun- been ascertained, and the proportionate of Oregon, and to repeal all acts the city limits or any part thereof. share thereof has been assessed as pro 30. To determine and prescribe cil. or parts of acts in conflict here vided in Section 6 preceding, the recor with,” filed in the office of the I by ordinance the number and size Section 2: That Section 2 of Article der shall enter a statement thereof in Secretary of State February 13th, of all [»laces of entrance and exit to VII of an Act entitled "An Act to in the docket of the City liens as provided 1893, as originally passed and land from all public halls, churches, corporate the City of Tillamook City, in the next section. Notice of such as amended or attempted to be I theatres, schools, and all other in Tillamook County, State of Oregon, assessment shall be given by publica amended byirany subsequent buildings used for public gather and to repeal all acts or parts of acts tion in one issue of a newspaper pub ings ; also to prescribe the manner in conflict herewith”, filed in the office lished in Tillamook City, or by posting act or ordinance. The people of Tillamook city do of hanging doors thereto. of the Secretary of State February 13th, such notice in three public places in* 31. To define who are common 18c3, be and the same is hereby amended ordain as lollows : said City. , , Section 1. That section 2 of Art drunkards ; to prohibit the eale or so as to read as follows: Section 7: That Section 9 of Article icle IV of an Act-Entitled "An act giving of any intoxicating liquor or Section 2: No improvements, or al VII of an Act entitled "An Act to in to incorporate the city of Tillamook liquors to any such common terations, or establishment of any corporate the City of Tillamook City, in City, in Tillamook County, State of drunkard, and to fix the penalty grade, or improvement of any street, Tillamook County, State of Oregon, Oregon,” filed in the office of the therefor. or pavement, or the construc and to repeal all acts or parts of acts in 3 j . T o license, tax and regulute | sidewalk, Secretary of Sta)e February 13th, tion of any sewer mentioned in the pre conflict herewith”, filed in the office of 1893, be and the same is hereby market houses and [»laces. ceding section to be done at the ex the Secretary of State February 13th, 33. To regulate, license, tax or pense of the property ¿mended so as to rend as follows: specially benefited 1893, be adk the same is hereby amended Section 2 Tlie Common Council prohibit the keeping of stallions thereby, can be undertaken or made so as to read as follows: shall have power within the limits and other animals kept forbreeding without seven days’ notice thereof be Section 9: The docket of city liens purposes. of Tillamook City. 34. To ¡control and regulate the ing first given by one puhlicationjn a is a book in which must be entered, in 1 To make by laws and ordin newspaper published in Tillamook C'ty, pursuance of Sections 6, 7 and 8 of this nnces not in conflict with the laws manner of constructing1 awnings or by posting a notice in three public Article, the following matters in rela Of this state or of the United States, and advertizing signs and side places in said city, except as in this tion to assessments for improvement, mid make all necessary provisions walks, and to compel repairs alteration or repair«, or construction of and changes in signs, awnings and act otherwise provided. Jot carrying theqi Into effect. Section 3: That Section 3 of Article streets, alleys, sidewalks, pavements " 2. To levy tuyeu, not to exceed Ii sidewalk already constructed at the ten mills, for general purposes, and coat of the ow ner or owners thereof. VII of an Act entitled "An Act to in or sewers: 1. A particular designation of the for street purposes, not to exceed 36. To control und regulate the corporate the City of Tillamook Citv, tract of land assessed. ten mills upon each dollar, per manner of setting out ornamental in Tillamook County, State of Oregon, 2. The name of the owner, or r puted annum, upon alii taxable property trees and shade trees! within the and to repeal all acts or parts of acts owner thereof, or the words within the corporate limits of ilia - streets or public property, or parks in conflict herewith”, filed in the office of the Secretary of State February 13th, "Unknown owner”, if the name mook City, and the street taxes for of the city. of the owner is unknown. 36 To regulate and control the 1893, be and the same is hereby amended said City that may be collected by 3. The sum assessed upon such tract Tux Collector and * paid construction and location of all tele so as to read as follows: the Count; ty “ “ of land, and the date thereof. Treasurer of k'raph. electric-light and telephone over to tl lie County ____ Section 3: Such notice must be given Tillamook County, Oregon, shall be lines and telegraph, telephone and by the Recorder by order of the Com 4. A brief statement of tht improve paid over to the Treasurer of Tills electric light [»oles, and all electric mon Council, and must specify with ment, alteration, or repair for »look City for use upon the streets and other apparatus for lighting convenient certainty the street, alley, which such assessment is made. and highways bt Tillamook City, streets. parka and public building» sidewalk, pavement or sewer, or the Section 8: That Section 11 of Article which .shall be under the jurisdic of the city, and the laying of part thereof proposed to be improved VII of an Act entitled “An Act to in tion of the Common Council, and i water, sewer anil gaa mains and or constructed, or of which the grade corporate the City of Tillamook City, property within I <nt>en and conduits for electric light, is proposed to be established, or altered, in Tillamook County, State of Oregon, the citizens and i . II t... i._ «. and ...» *1-1 ___ wires. said City shall be 1.0«. exempt ironi from t>i>» the . telegnyih telephone and tne kind of improvement which is and to repeal all acts or parts of acts in same tuxes for County road pur 37. To control the manner of con proposed to be made, and the time when conflict herewith”, filed in the office of poses. structing and location of street car the council will hear and determine ob the Secretary of State February 13th, 3. To license, tax and regulate lines, the manner of operating the jections and remonstrances thereto, if 1893, be and the same is hereby amended auctioneers, hawkers. peddlers, same and to fix the- rate of fare« any. so as to read as follows: showmen, threatrical and other ex thereof. Section 11: If within fifteen days Section 4: That Section 4 of Article hibitions, except such as are con and regulate the 38. To control from the publishing of notice of tne ducted for charitable or eleemosy manner in which public carriages VII of an Act entitled "An Act to in assessment of such cost, the sum as nary purposes, billiard and pigeon operate and manage their convey corporate the City of Tillamook City, sessed upon any tract of land, together hole tables, pool tables, bowling al ances, hacks, coaches, wagons, in Tillamook County, State of Oregon, with the cost of docketing, be not leys. truckmen and expressmens’ carta, drays, omnibuses or other and to repeal all acta or parts of acts in wholly paid to the city treasurer, and a wagons, livery horses and buggies, vehicles; to fix the maximum rate conflict herewith”, filed in the office of duplicate receipt therefor filed with the hacks or other means kept for hire. to be charged for the use of the the Secretary of State February 13th, recorder, the common council shall 4. To license, regulate, restrain sume; to direct the shape and width 1893, be and the same is hereby amended thereafter order a warrant for the col or prohibit the sab* of spirituous of the tires of the same, and to tax so as to read as follows: Section 4: Tl.e council, at the time lection of the same to be issued by the .liquor, brandy, wine and all fer ind license all persons engaged in specified in said notice, or at such other recorder and directed to the marshal. tnented and malt liquor, beer mili operating the same. Section 9: That Section 16 of Article ale, barsooins, drinking shops and ■MJ. To build culverts, bridges and time they may adjourn the hearing, VII of an Act entitled “An Act to in shall hear and determine all objections tippling houses. sewers. corporate the City of Tillamook City, in ft. To regulate, and control the ■MJ To provide water for the city, or remonstrances which may be made County, State of Oregon, storage of gunpowder, giant pow laith for public and private use and by the adjacent property holders or tax Tillamook to repeal all acts or parts of acts der, dynamite, nitro-glycerine, and to charge and collect a reasonable payers, and after ;said hearing ¡the and council shall determine by resolution in conflict herewith”, filed in the office other explosive and combustible price therefor. of the Secretary ot State February 13th, materials ; the use of lamps and 41. To purchase, take and hold whether or not the improvement of the 1893. be and the same is hereby amended other lights in simps, stables and real estate when sold for city taxes, street, alley, sidewalk, or pavement, so as to read as follows: others places ; to prevent, remove or for any irr provetnents ordered or the alteration or establishment of Section 16. The person executing oi secure any firtpiuce, stove, stove by the common council, and to sell the grade, or the construction or repair of the sewer specified in said not'ce such warrant shall immediately issue a pipe chimney, or other apparatus und dispose of the same. | certificate of sale to the purchaser for which may be dangerous in causing 42. To punish persons who leave shall be made ; provided, said determin- I fires, und to regulate the manner of horses, mules or other domestic ation shall be msde within two weeks the property sold, stating therein that i the same is made subject to redemption, of hearing objections to said notice. building partition nnd party walls animals in the streets or alleys. Section 5: That Section 5 of Article I | and that a deed will be issued thereon und fences. 43. To prevent cruelty to ani tl • To suppress, restrain and pro mals, and the leaving of then ex VII of an Act entitled "An Act to in ' by the then acting marshal at the ex- hibit bawdy and assignation house, posed unreasonably to severe and corporate the City of Tillamook City, ’ piration of the time of redemption as houses of ill fame and prostitution, inclement weather within the limits in Tillamook County, State of Oregon, ■ ' provided herein. Within one year from and to repeal all acts or parts of acts the date of sale, the owner, or his suc ginning and giuubling houses, und of the city. cessor in interest, or any person having to define und declare by ordinance 44 To permit, allow and regulate in conflict herewith”, filed In the office a valid lien of record, or any person whut shall constitute the sume. the laying down of the tracks for of the Secretary of State February 13th, having a lien by judgment, decree or 7. To license nud tax the keeping street curs nnd other railways upon 1893, be and the same is hereby amended mortgage on the property, or any part of dogs wrtliin the city. such street or streets as the council so as to read ns follows : 8. To provide for the general may designate Section 5: In all cases where thu thereof, separately sold, may redeem the same upon the terms and conditions peace, welfare and health of the 4ft. To prevent or regulate public common council shall adopt a resolution provided in the next section. city. criers, tinging of bella, and all for the improvement, alteration, repair 9. To prevent, regulate, prohibit advertising noises, steam whistles, or construction of a street, alley, side- ! Section 10: THIS ORDINANCE mid remove nuisances and to de the ringing of all bells, and to walk, pavement or sewer, to be done shall go into and be in effect from and clare by ordinance wliut shall con limit truflic within the limits of the at the expense of the property to be after its approval by the qualified elec stitute the same, mid to make the city. specially benefited thereby, whether in tors of Tillamook City at a special elec expense of abuling such a lien up 4tk To provide for the cleaning whole or in part, the common council tion to be held in said City on the 12th on the protierty where it existed. and sprinkling ot the streets nnd shall, at tne same time and in the same day of April, 1912. immediately upon a 10 To provide for lighting the alleys. resolution, provide for the manner of, proclamation declaring the same to streets mid formatting the city with 47. To prohibit persona from the making of said improvement, alter 1 have been adopted, if the same be electric mid other lights. roaming ut unreasonable hours, and ation, repair or construction, and may adopted at said election, being issued 12. To fix tines, penalties, mid to define what are unreasonable therein provide that said alteration, by the Mayor. loiteiturea for the infractions of all hours, und what constitutes roam improvement, repair or construction be ordinances. ing. made by the owners of the lots, or ORDINANCE NO. 236. 12. To define what sliuU constitute 48. To provide for the erection other parcels of ground, abutting there An Ordinance to Amend Section 3 of vagrancy, nnd provide lor the sup- and maintenance of the city jailaud on or adjacent thereto specially benefited Article XI of an Act Entitled »ort, restraint, punishment mid em the government and management of thereby within thirty days, under the “An Act to Amend an Act En ■loy inent ot vagrants. the sume. supervision of the street commissioner, titled ‘An Act to Incorporate la To appropriate money for city 49. To enact any and all such or it may provide that said improve the City of Tillamook City, in ixpenditures, mid to provide for the ordinances, by-laws and regulations ment. alteration, repair or construction Tillamook County. State of Ore mymrnt ot the debts of the city, not inconsistent with the constitu may be made by Trtlamook City at the gon. and to Repeal All Acts and 14. To establish and regulate the tion or laws ot thia state or of the expense of the property specially bene Parts of Acts in Conflict Here tecs mid compensation of all officers United States, as shall be needful fited thereby, in which case the said with Filed in the Office of the of the city, except as otherwise to the peace, good order, health, improvement, alteration, repair or con Secretary of State February 13. herein provided. ornament, prosperity struction may be made by contract en 1893,’ And to ReDeal an Act En l.*k lotnt, regulste, or prohibit cleanliness, general welfare of the city, and tered into by the Mayor by and with titled ‘An Act to Amend Sub animals of all kinds troui running and secure the protection of persona the consent of the common council, or division 13 of Section 2 of Article ut large within the city limits. I and property therein. the same may be done, when ordered by IV of an Act Entitled an Act to Iff To provide for the survey of Section 2. Thia ordinance shall commou council, by the street com Incorporate the City of Tillamook the blocks nnd streets, and ulleya go into and be in effect from and the who shall, if so ordered, em City, in Tillamook County, State of the City, and for the naming of after its approval by the qualified missioner, ploy the necessary labor, procure the of Oregon, and to Repeal All the streets. of Tillamook City at a necessary materials, and cause the said Acts in Conflict Herewith, Filed 17. To license and regulate such electors sjiecial election to tie held in said alteration, improvement, repair or con in the Office of the Secretary of trades und callings, and employ city on the 12th day of April, 1912, struction to be made or done. No con State February 13. 1893.' Ap ments aa in the judgment of the immediately upon a proclamation tract for such improvement, alteration, proved February 15, 1901, by the Common Council tlie public good declaring the same to have been repair or construction shall be made Addition Thereto of Chanter may require to be licensed und re adopted, if the same be adopter! at without requiring the contractor to en VIII, Article XI, Containing gulated us ure not prohibited by said election, being issued by the ter into a good and sufficient bond for Sections 1 to 3 Inclusive, Provid law the carrying out of said contract, with ing for the Application of the In- 18. To regulate the use of side Muyorot Tillamook City. sufficient surety thereon to be approved itative and Referendum Princple walks mid prevent the extension ot by the Mayor, and snch contract may ! to said City Charter, and building fionts and house fronts ORDINANCE NO. 236. provide that the contractor shall main- * Authorizing the Said City to within the street line; but they An Ordinance to Amend Sections Num tain and keep in repair the improve shall have no power to authorize u.1**1*™ *n Indebtedness for bered I. 2. 3. 4. 5, 8. 9, 11 and 16 ment or construction msde. or done by W ater Works. Light Plants, «nd tlie placing or continuing of any of Article VII of sn Act Entitled said contractor under said contract fou Sewerage Purp.*ses, and to Levy encroachment or obstruction upon "An Act to Incorporate the City such period, not exceding 10 years as A Tax to Pay the Same, and the any street or silewalk. except for of Tillamook City, in Tillamook the common council may determine. Interest Thereon.” Filed in the the temporary use or occupation County, State ot Oregon, and to If the ‘common council shall deter Office of the Secretary of State thereof during the erection or re Repeal All Acta and Parts of mine that the improvement, alteration, February 11th. 1903. As Origi pair of a building ii|>on the adjac Aeta in Conflict Herewith." repair ui construction ordered as pro nally Passed and as Amemled or ent lot, or removal tliereot. Filed in the office of the Secre vided herein shall be done by the own Attempted to be Amended bv IV. To lax. regulate or prohibit tary of State February 13th, ers of the lota or other parcels of Suosequent Act or Ordi nance. slaughter houaea within the citv 1MKI. as originally Passed and as ground abutti »< oe adjacent to the im The People of Tillamook City Do Or limits. Amended or Attempted to be provement. »alteration, repair or con dain aa Follows: To reguhUiLoentrain und pro Amended by Any Subsequent Aet struction ordered and specially benefited That sections of Arti- "minors trtwivl>eii»g upon the or Ordinance. thereby, notice of such requirement of ts, allevs Mf4>ubh. plnces ot the .aoi property owners »hail be given amend an Aet •nUtled.'^g^ct to in- the city alter certain hours ol the. The People of Tillamook City Do Or by publication i______ _ r___ ____ I dain aa Follows: night inTillamu>k City, Oregun7~for a period -’I. To prevent and restrain any Section 1: That Section I of Article of not leas than one issue, and requiring not, noise. dislurlMiice or disorder- VII of an Art entitled "An Act to in sam Improvement, alteration, repair or peal all seta and parte uf acta in conflict ly assembly in an street, house or corporate the City of Tillamook City, Cwutruction to be niaoe by said prop herewith, filed in the office of the Secre- | Vary of State February 13th. 189«. ’ and place in the city. in Tillaimuk County. State of Oregon, owners within Mt days from tne to repSal an act entitled An Act 22. To prohibit the use of pro- and to repeal all acts and parts of acta erty taue nnd obscene language on the in conflict herewith", filed in the office date ot the first publication ol said to amend subdivision 13 of Section 2 of *..by !*•“>>< a like notice in Article l\ of an act entitled an act streets, or in any public place or of the Secretary of State Febrearv 13th. three public pieces Ta said Tillamook , to Incorporate the city of Tillamook assemblage m tlie city, and tu de IMS, be and the same is hereby J*14 work *• he done tine what shall constitute profane amended so aa la read aa follows. within MJ days from the date of the ; £‘*7* *B Tillamook County, State of anil olaHcue ialiguags. and loj Section _____ 1; ____ The _________ common _______ council __ ia [waling of said nonce». It said owners Oregon, and to repeal all acts in eon punish .my person guilty tliereol aulhurivad and eta| powered * to lai out. <”®ce Of tto .1. To establish a fire limit satabliah. vacate, widen, _________________ extend and > 1893,' lo establish grades Ivi streets open streets and alley» in said city. uaprvv teaddi- Article Election Notice I ! XI, containing Section» 1 to 3 inclusive, providing for the application of the in itiative and referendum principle to said city charter, and authorizing the said city to create an indebtedness for water works, light plants, and sewer age purposes, and to levy a tax to pay tne same, and the interest thereon »filed in the office of the Secretary of State February 11th. 1903, be and the same is hereby amended so aa to read as follows: .. , Section 3: The common council of Tillamook City shall have full power and authority to provide by ordinance for the purchase, erection, construc tion, maintenance and operation of a complete system of water works, el ectric or gas light plant or plants, to create a sewer district or districts within said city,' to put in and main tain a sewer system or systems or drain for said city, and to make the cost of such drain, or sewer, or any part thereof, a charge or lien upon the abutting or I adjacent property within said sewer district, and to compel the connection of closets, cess-pools, and drains with said sewer or sewers, and to borrow money upon the credit of the city therefor by issuing ‘ bonds, —A~ or otherwise; provided, that no indebted- ness of the said city other than im- provement bonds issued for improve- ments, the cost whereof shall be charged against the property specially benefited thereby, shall e' evei leT be creat _____ _ ____ ed wich shall in the aggregate exceed the amount of $150,090.00; provided further, that no ordiance for the pur chase, erection, construction, mainte nance or operation of any system of water works (other than the water sysetm now owned by the city) ■electric or gas light plant, or for the issuance of any bond of the city (other than im provement bonds issued for improve ments, the cost whereof shall be charged against the property specially benefited thereby) shall ever be in lorce or effect, except and until such ordinance shall be first adopted by a majority vote, of the legal voters of said city voting upon said question, at a legally called and held election in said city, at which such ordinance shall be submitted for adoption or rejection by the voters, of said city. Section 2: This ordinance shall go into and be in effect from and after its approval by the qualified electors of Tillamook City at a special election to be held in said city on the 12 day of April, 1912, immediately upon procla mation declaring the same to be ad opted, if the same be adopted at said election, being issued by the Mayor of said City. ORDINANCE NO. 237 ________ ■■ Section of An Ordinance to Amend Article II of an Act Entitled "An Act to Incorporate the City of Tillamook City, in Tillamook County, State of Oregon, and to Repeal All Acts or Parts of Acta in Conflict Herewith,” filed in the office of the Secretary of State February 13, 1893, and any Amendments Made, or Attempt ed to be Made of Said Section by OrJinance or Otherwise, and to Repeal all Ordinances, or Parts of Ordinances, in Conflict Herewith. The People of Tillamook City Do Or dain as Follows, Section 1: That Section 4 of Article II of an Act entitled "An Act to in corporate the City of Tillamook City, in Tillamook County, State of Oregon, and to repeal all acts or parts of acts in conflict herewith,” filed in the of fice of the Secretary of State February 13, 1893, be and the same is hereby amended so as to read as follows: Section 4: The term of office of the members of the common council, mayor and treasurer shall be for one year, nr until their successors are elected and qualified. Section 2: All amendments, or at tempted amendments, and all ordina nces, or parts of ordinances in con flict herewith, shall be and the same are hereby repealed. Section 3: This ordinance shall go into and be in effect upon the approval thereof by a majority of the qualified electors of Tillamook City voting upon such questions at an election to be ordered by the common council whereat the adoption or rejection of said ordi nance Bhall be submitted to said elect ors, and upon the issuing of a proclama tion by the Mayor declaring the adoption thereof, if the same be adopted at said election. ORDINANCE NO. 238. An Ordinance to Amend Section 3 _ of Article II of an Act Entitled "An Act to Incorporate the City of Tillamook City, in Tillamook County, State of Oregon, and to Repeal All Acts or Parts of Acts in Conflict Herewith”, Filed in the Office of the Secretary of State February 13th, 1893, as the Same is Amended by Section 2 of an Act Entitled “An Act to Amend Sections 2, 3, 5 and 6 of Article II, and Section 2 of Arti cle III, and Section 1 of Article IV, and Section 17 of Article X of an Act Entitled, ‘An Act to Incor porate the City of Tillamook City, in Tillamook County, S ate of Oregon, and to Repeal All Acts or Parts of Acts in Con flict Herewith’, Filed in the Office of the Secretary of State Febru ary 13th, 1893”, Filed in the Office of the Secretary of State February 15th, 1901, as Amended or Attempted to be Amended by Any Ordinance or Ordinances, and to Repeal All Ordinances or Acts, or Parts Thereof in Conflict Herewith. The People of Tillamook City Do Or dain as Follows: Section 1: That Section 3 of Article II of an Act entitled "An Act to incor porate the City <>f Tillamook City, in Tillamook County. State of Oregon, and te repeal all acta or parts of acts in conflict herewith", filed in the office of the Secretary of State February 13, 1893, as the same is amended by Section 2 of and Act entitled "An Act to amend Sections 2. 3. 5 and • of Article II, and Section 2 of Article 111. and Section 1 of Article IV. and Section 17 of Article X. of an Act entitled ‘An Act to incor porate the City of Tillamook City, in lillamook County. State of Oregon, and to repeal all acta or parts of acta ta conflict herewith’, filed in the office !»ut* F,bni*ry1S- IMS . filed in the office of the Secre tary of State February 15th, 1901. and any amendment or attempted amend ment thereof, be and the same is bere- ARTICLE II. Section 3: There shall also be elected or appointed as hereinafter provided mayor, recorder, marshal, treasurer* attorney, street commissioner and sur veyor, who shall be officers of the mu nicipal corporation. Each member of the common council shall be elected by the qualified electors of the ward of the city which he represents, and the mayor and treasurer shall be elected by the qualified electors of the city. The recorder, marshal, attorney, street commissioner and surveyor shall be appointed by the mayor, and shall hold their office during his pleasure. Section 2: All amendments, or at tempted amendments of the section hereby amended, and all acts or ordi nances, or parts thereof, in conflict herewith are hereby repealed. Section 3: This ordinance shall go into and be in effect upon the approval thereof by a majority of the qualified electors of Tillamook City voting upon such question at an election to be or dered by the common cout cil, whereat the adoption or rejection of said ordi nance shall be submitted to said elec tors, and upon the ¡B«uingof a proclam ation by the Mayor declaring the adoption thereof, if the same be adopted at said election. ORD ANINCE~NO.~239 An Ordinance to repeal Article IX of an Act entitled “An Act to in corporate the City of Tillamook City, ip Tillamook County, State of Oregon, and to repeal all Acts or parts of Acts in conflict here with”, filed in the fffice of the Secretary of State February 13, 1893,and to substitute therefor a new Article IX on Water Com mission, Its Powersand Duties; and to repeal an Act entitled “An Act to create a Water Com mission for Tillamook City, Ore gon, to prescribe its powers and duties and the method of its perpetuation, and declaring an emergency”, filed in the office of the Secretary of State February 22, 1965. The People of Tillamook City Do Or dain as follows: Section 1. That Article IX of an Act entitled " An Act to incorporate the City of Tillamook City, in Tilla mook County, State of Oregon, and to repeal all Acts or parts of Acts in con flict herewith” filed in the office of the Secretory of State, February 13, 1893, and the same is hereby repeal ed, and that there is hereby substituted therefore a new Article IX, on the Water Commsssion, Its Powers and Duties, which shall read as follows :- ARTICLE IX. Water Commission; Its Powers Duties. Section 1. There is hereby stituted a board to be known recognized under the name, style designation of the Water Commission of Tillamook City, Oregon. Section 2. Said Commission shall consist of five members, none of whom shall at the same time be members of the common council of the city, and each of whom shall be a resident of and a tax-payer on real property of said city, and shall consist of one member from each of the wards of said city, untill such time as the wards if said city shall be changed, but a change of the boundaries of the wards of said city during the term of office of a member of said commission shall not effect his tenure of office. Section 3. As soon a s practical after the taking effect of this act, the present Water Commission of Tilla- modk City, Oregon, shall hold a meet ing and shall select from among their members, one Commissioner from each ward of the City and decide by lot the length of the term of each Commission er so selected, one to serve one year, one two years, one three years, one four years and one five years from the next annual city election,and thereafter there shall be elected, by the qualified electors of such ward, one Commis sioner, to succeed the retiring Com missioner, for the term of five years. In case any of the present Water Com missioners from any ward decline to serve on the new commission as hereby organized, or in case ,of any vacancy occurring in the new Commission as hereby organized, by death, resigna tion, removal from the city, or other wise, the mayor shall appoint a suitable person from the proper ward to fill such vacancy. Section 4: As soon as practical af ter the taking effect of this act and the selecting and appointment of such com missioners as directed in the proceed ing section, said Commission shall elect one of their members as Presi dent. and one as Vice-President, and they shall also appoint a Treasurer and Secretary. The President Bhall preside, over the meetings of the Commission. In his absence the Vice-President shal 1 preside. The term of office of the Presi dent and Vice-President shall be for one year. The Seiretary and Treasu rer shall hold their office during the pleasure of the Commission. The Secretary shall keep record of all the transactions of the Commission and preform such other duties as the Com mission may require of him. The Treasurer shall be the custodian of the water funds of the city, and pay out and invest the same as directed by the Commission. Section 5. Said Commission shall, from and after its organization as herein provided, have the sole and exclusivecharge of the conatruction, management, maintainance, con trol and operat on of any water system heretofore or herafter auth orized by or for Tillamook City ; and it shall be the duty and pro vince of said Water Commission to represent and act for Tillamook city with reference to any contract or contracts heretofore made or hereatter made by and on behalf of Tillamook City in relation to any syetem of water works, or in reta il* the acquisition of real or person al property or any right, privilege, or easement in relation to sue!» sys tem ; to make any and all contracts tnat may become necessary^nr ex pedient in reference t-> the ciistruc- tion, maintenance, repair, ed^nsion or operation of such water ryftem, ’*“*d Water commission in tehaM of lillamook city shall have thv right and |»ower to exercise the right of eminent domain, for the purpose of condemning right of way, water rights, and such private property aa may be necessary or convenient in carrying on the business of said commission. All righto so obtain ed and the title to property, lotc real and personal, which may bd