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About Nyssa gate city journal. (Nyssa, Or.) 1937-199? | View Entire Issue (Dec. 14, 1944)
TAGE SIX THE NYSSA GATE CITY JOURNAL THURSDAY DECEMBER 14, 1944 in this charter, or, If the manner|oil shall be the final judge of the. Vacancies. be not prescribed In this charter, I qualifications and election of it s ' Section 16. VACANCIES IN OF- W IL L HO LD M E S T IN O then In the manner provided by own members, subject, however, to FIOE G E N E R A LLY An office shall The annual election o f advisory j.iln a n c e or resolution of the coun- review by any court of competent oe utremed vacant upon the Incum bent's death. Incompetence, convic ______ jurisdiction. board members for grazing district ell. CHAPTER I I section 13. COMM ENCEM ENT tion of a felony, resignation, remov No. 4 will be held December 16 at Form of Government I o f TERM S OF OFFICE. The term al from the city or absence from Jordan Valley. Vacancies to be filled Section 3. COUNCIL AND M A Y - 0j office of each person elected to the city for a period o f thirty days are caused by expiration of the OR. Except as otherwise provided office at any. regular city election without the consent of the council In the . case , of the mayor, manager. terms of John Archibald, Jr. sheep, in this charter all powers o f the city shall commence on the first Mon- shall be vested in a council of sev- day i „ January following the elec- iu d ie 0T fOUnciUnan. or south precinct, and John T . Glover, en members nominated and elect- tlon But In case of an election wlthout ***• consent of the manager cattle, north precinct. in case of officers by the ed from the city at large. or appointment to fill an e x is tin g ____ ____ _ appointed , Representatives of the Oregon At each biennial general election vacancy in office the person elect- mana* e r- uP °n incumbent S| Wool Growers and Oregon Cattle four oouncllmen shall be elected. ed shall enter upon his office 1mm- cedslng 10 P0“ “ “ 8 the qualifications. T h e one receiving the lowest num- ediately. necessary for office; or upon the and Horse Orowers' association are , , „ , nn, th r Tkl, r oer of votes shall hold office for Section 14. O ATH O F OFFICE. iaUure ot 016 Person elected or ap-1 invited to attend. Kennetn o. 1x1 , (wo years and the other thre€ ahail Eath officer, before entering upon pointed to an office to qualify regional grazier for Oregon Is ex- hold offlce for four years. Tie vot- the duties of his office, shall take therefor on or before the day his pected to attend. TYie day's program en shall be determined by lot. a n oath that he will support the term of office commences and in will start at 10 a m. with discussion At Its first meeting after each constitution and laws of the United case of the mayor or a councilman, o f livestock and grazing problems. biennial general election the coun- states and of the state of Ore- upon his absence from meetings of ell shall chouse from Its member- gon and that he will faithfully per- the council for 60 days without the Following luncheon, nominations ship a chairman, who shall be may- form the duties of his office. consent o f the council, will be made and the election will or. The mayor’s term of office shall Section 15. N O M INATIO N S. Any Section 17. M AN NE R IN W H ICH take place between 2 and 5 p.m. be two years. ■ qualified elector who has resided in VACANCIES S H A L L BE FILLED, The mayor and councilmen in the city for at least six months Vacancies In office filled by elec- office and elected to office at the pr[0r to the time of nomina,tion tlon or by appointment by the Legal Advertising time of adoption of this charter may be nominated for the council.' council shall be filled by appoint AN A C T shall continue in office as council- The name of such an elector shall ment by the council at any regular men, and forthwith shall appoint be printed upon the ballot wljen- or special meeting, and the person T o enact a new charter for the j two more councilmen, and shall ever a petition and a written 'ac- so appointed shall serve the full clty of Nyssa, In Malheur County, have the powers and duties pro- ceptance of nomination as heroin- unexpired term and until his suc state of Oregon; and to repeal all vlded In this act. The mayor and after is prescribed shall have been cessor is chosen and qualified; pro acts and parts of acts In conflict two councilmen receiving the great flled in his behalf with the record- vided, that a majority vote of the r , net est numhur number r»f of Vnta votes c o at f tho the election Such petition shall be signed whole membership of the council therewith. ¡shall hold office for four years, and by not less than ten nor more than shall be necessary to fill a vacancy j Be It enacted by the city o t N y- the other two elected councilmen twenty electors. No elector shall in the office of mayor. Vacancies' ssa, In Malheur County, State of and the two appointed councilmen sign more than one such petition, In offices filled by appointment by Oregon; shall hold office for two years. and If he does so, his signature the manager shall be filled by ap C H A PTE R I Section 4. M ANAGER AND MUN- shall be void as to the petition or pointment by the manager. An Name, Boundaries, Powers, IC IP A L JUDGE. The council shall \ petitions last filed. The signatures officer appointed to fill a vacancy and General Provisions appoint and keep In office a city 10f the nomination petition need not shall within twenty-four hours a f Section 1. NAM E AN D BOUND manager and a municipal judge. all be appended to one paper, but ter his appointment qualify for the ARIES. The city of Nyssa. In Mai both of whom shall hold office sub- to each separate paper there shall office, and unless he does so the heur County, state of Oregon, shall, j^ct to the discretion of the council be attached an affidavit of the cir office shall be considered vacant. upon the taking effect of this char- and may be removed by the council culator thereof, stating the number During the temporary absence of ter, continue to be a municipal with or without cause, of signers of such paper and that any officer from the city for any corporation under the name of the j Section 5. OTHER C IT Y O F FI- each signature appended thereto I cause his office may be filled tem clty o f Nyssa, with boundaries as CERS AND EMPLOYEES. The city was made in his presence and is porarily In the manner provided follows: | manager shall appoint a re c o rd e r,___ __________ __________ the d genuine signature of the person for filling vacancies in office. C H APTE R V Beginning at a point where the a treasurer, an attorney, a chief o í i whose name It purports to be With The Council. eastern boundary of the Oregon police, a fire chief, a health o ffic e r,1 each signature there shall be stated Section 18. C O U NC IL M EET Short Line Railroad right of way and such other officers and cmpl- I the place of residence of the sign- The council shall provide intersects the North line of the oyees of the city as the council' er, giving the street and number or INGS. South half of the Northeast qu- deems necessary, and may remove ¡ other description sufficient to icfcn- for the time and place of Its reg arter of Section 32, Township 19, any 0f them at any time with or | tify the same. The form of the ular meetings and adopt rules and South of Range 47 E. W. M, and without cause. The council by res- ' nomination petition shall be sub- regulations for the government of thence running In a Southwest- olution may require any officer to I statlonally as follows: Its members and proceedings. It shall hold at least one regular erly direction along the said perform the duties of two or m ore! w e , the undersigned, electors meeting each month. Special meet eastern boundary of the Oregon I offices. ' 0f the city of Nyssa, hereby Short Une Railroad right of way | Section 6. SALARIES. The coun- ings o f the council may be called nominate .................................... to a point where said right of ell shall fix the compensation of by the mayor, either upon his own whose residence is ................... way Intersects the Southern line all city officers and employees. motion or upon the request of at for the office of councilman, of the Northwest quarter of the Section 7. BONDS O F O F FIC least three members of the council to be voted for at the election Southeast quarter of Section 32, ERS, EMPLOYEES, A N D CON- and held at any time, upon verbal to be held In the city o f Nyssa, Townshlp 19 South o f Range 47 j TRACTO RS. If the council requires. or written notice to all o f the mem on the ...... day of .......... 19....; E. W. M .; running thence due every or any person appointed to bers of the council then in the city. and we Individually certify that West along the South line o f , office or place of public employ- Special meetings o f the council also we are qualified to vote for a said Northwest quarter o f th e ! ment in the city, or entering into may be held by the common con candidate for the offices named, Southeast quarter of Section 3 2 1 a contract with the city shall give sent of all members o f the council. and that we have not signed to the Southwest corner o f the the city a bond for the faithful Section 19. QUORUM. Four any other nomination petition Northwest quarter of the South-I performance of his duties or con- members of the council shall con for that office. west quarter o f said Section 32; tract: provided, that the manager stitute a quorum to do business, Name ....................................... thence running due North along shall give a bond as required in but a smaller number may meet Street and number .................. the West boundary o f said Sec- Section 24. and adjourn from time to time to (with space for additional sig tlon 32 and of Section 29 to the C H APTE R I I I compel the attendance of absent natures). Northwest comer o f the South-1 Elections members In the manner provided State of Oregon ) west quarter of the Southwest Section 8. R E G U LAR EL EXIT- by ordinance. The council shall County of Malheur )ss. quarter of Section 29, Township IONS. Regular city elections shall keep a Journal of its proceedings, ........................... ........... being 19 South of Range 47 E. W. M.; be held at the same time and places and on the call of two members duly sworn, deposes and says running thence due East to the as regular state elections in acc- shall cause the yeas and nays to that his address Is.................... Southwest comer of the North- ordance with the applicable state be taken and entered In the journal ................................. Street and east quarter o f the Southwest election laws. The election officers upon any question before it except that he is the circulator of the quarter o f said Section 29; th- and precincts for such elections a motion to adjourn. The proceed- foregoing paper containing...... ence due North to the Northwest shall be the same as for the reg- signatures, and that the signa : ings of the council shall be public. corner of the Northeast quarter ular state elections. tures appended thereto were | Section 20. M A Y O R 'S D UTIES o f the Southwest quarter of said The recorder, under the direction A T COUNCIL M EETING S. The made In his presence and are Section 29; running thence due of the council, shall give at least the signatures of the persons ' mayor shall be chairman of the Bast along the Blast and West ten days' notice of each regular whose names they purport to be. ¡council and shall preside over Its center section line to a point city election by posting notice In i deliberations. He shall have au- which Is the eastern boun three public places In each voting Signature of circulator. j thorlty to preserve order, enforce dary line of the Oregon Sh precinct stating the officers to be Subscribed and sworn to be | the rules of the council, and de- ort Line Railroad right of way; elected, the measures to be voted fore me this ... day of 19 ... | termine the order of business, sub- thence running in a Southwest upon, and the time and place of | ject to the rules o f the council. erly direction along the eastern the election. He may vote as a councilman. (Notary Public or other o f boundary line of said railroad Section 9. SP E C IA L ELECTIONS. PR E S ID E N T PR O ficer authorized to administer I Section 21. right of way to a point where The council, by resolution or ord ; TEM. In the absence of the mayor oaths). the said right o f way Intersects inance, may order a special election This petition Is filed by............ ! the council shall elect one o f its the west line of the Northeast and provide the time, manner, and ; members to be president pro tern. ............. whose address Is quarter of the Northeast quar means for holding It. At least ten Street. Section 22. VO TE REQ UIRED ter of Section 32, Township 19 days’ notice shall be given of each All nomination papers com pris-1 The concurrence of a majority of South, Range 47 E. W. M.; special election. lng a petition shall be assembled ; a quorum shall be required to de thence running due South along Section 10. R E G U LATIO N O F and filed with the recorder as one termine any matter before the the West line o f said Northeast ELECTIONS. The council may make j instrument, not earlier than ninety council. quarter o f the Northeast quarter j regulations consistent with this ' days nor later than thirty days C H APTE R IV of said Section 32 to a point charter and the laws of the state ‘ before the election. The recorder Powers and Duties of the where said line Intersects the for the conduct of elections, the shall make a record of the exact City Officers. North line of Ehrgood Avenue prevention of frauds In elections, time at which each petition Is filed Section 23. M AYO R. The mayor thence running due East along and the recount of ballots in case and shall take and preserve the shall appoint the various commit the said North line of Ehrgood I of doubt or fraud. name and address of the person by tees provided for under the rules Avenue to the Western boundary | Section 11. Q U A LIF IC A T IO N S whom It Is filed. Within five days of the council or otherwise and o f Snake River: thence runn ing, O F ELECTORS No person shall after the filing of a nomination shall fill all vacancies In commit In a Southeasterly direction al- j vote at any city election unless he petition the recorder shall notify the tees of the council from that body ong Snake River to a point be a qualified elector of the state candidate and the person who filed He shall sign all ordinances and where aald boundary Intersects and a resident of the city for at such petition whether or not It Is written resolutions and orders ap the South line of Lot one (1) least thirty days next preceding found to be signed by the required proved by the council, and counter of Section 33. Township 19 South, the election. number o f qualified voters. I f a sign all orders on the city treasur Range 47 E. W. M.; thence runn Section 12. CANVASS O F ELECT petition Is found Insufficient, the er. He shall have no veto power, ing due West along the South ION RETU RNS. On or before noon recorder Immediately shall return It and shall sign all ordinances pass ern line of the North half o f the of the day following each city elect to the person who filed It with a ed by the councn within three Northeast quarter of Section 32, ion the election returns shall be fil statement certifying wherein the days after their passage. He shall Township 19 South, Range 47 ed with the recorder and not later petition Is found Insufficient. With sign all Instruments and writings E. W M. to place of beginning. than five days after the election the | in the regular time allowed for the authorized by this charter, the laws Section 2. POW ERS O F THE council shall meet and canvi.vs the filing of petitions such a petition of the state, or the council. C IT Y Subject only to limitations returns. In all elections held In. may be amended and filed again as Section 24. M AN AG E R provided In this charter, the city conjunction with state and co-|a new petition or a different petl- <a> Qualifications. The manag shall have all rights, powers, priv unty elections the state laws tlon may be filed for the same can- er shall be the administrative ileges. and Immunities now or here governlng the filing of returns didate Any eligible person placed head o f the city government after granted, either expressly or by the county clerk and the in nomination as hereinbefore pro- He shall be chosen by the by Implication, to municipalities canvassing of those returns shall vlded shall have his name printed council without regard to by the constitution, statutes, and apply. The results of all elections on the ballots if within five days political consideration and the common law of the state, as shall be made a matter o f record after notification to him by the solely with reference to his fully as though each of such rights, In the journal of the proceedings recorder he shall have filed with executive and administrative powers, privileges, and Immunities of the council, which shall contain the recorder a written acceptance qualifications. He need not was specifically stated In this char a statement o f the total number ¡o f the nomination In the follow- be a resident o f the stats at of votes cast at each election, the lng form: ter. the time of his appointment, The enumeration of or reference votes cast for each person or prop but promptly thereafter he Acceptance of Nomination to particular rights, powers, priv osition. the name at each person shall become and thereafter I hereby accept the nomina ileges. and Immunities in this char elected to office, the office to which tion for the council and agree remain, during his term of ter shall not be construed to be he was elected, and a reference to to serve If elected. office, an actual resident of exclusive. The charter shall be con each measure enacted or approved. the city. strued liberally to the end that the Immediately after the completion Signature of candidate. (b) Term The manager shall be city may have all necessary powers of the canvass the recorder shall Date riled ..................... appointed tor an Indefinite for the conduct of Its municipal make and sign a certificate o f el- term, but may be removed at The petition of each person nom affairs. as contemplated by the ee tlon of each person elected, and Inated to be a member of the coun- the pleasure of a majority of municipal home rule provisions of deltver the certificate to him with- ell shall be preserved by the re the council. Upon any va the constitution and laws of the in one day after the canvaes. A corder until the expiration of tne cancy occurring In the office state. All rights, powers, privileges, certificate so made and delivered term of office for which he has o f manager subsequent to and Immunities of the city shall be shall bo primary evidence of th e , been nominated the first appointment here exercised In the manner prescribed facts which It ftstrs, but the ooun-1 C H APTE R IV under, the council sh all at G R A Z IN O D IS T R IC T tlon for more than four ments. The necessity for taking of Its next meeting, adopt a resolution of Its intention to months. No appointment of any property by the city shall be appoint a manager. No such a manager pro tem shall determined by the council and shall appointment shall be made be declared by a resolution which be renewed. until at least four weeks ( f ) Interference In Admlnls- shall describe such property as elapse after the resolution Is tration. No member of the | nearly as may be and stating the adopted. The council shall council shall in any maimer, use to which it Is to be devoted. appoint a manager within directly or Indirectly, by The city shall have power to pro four months after the time suggestion or otherwise, at vide for the payment of all or any of adoption o f the resolu tempt to Influence or coerce part o f the cost of land or other tion of Intention. This pro the manager in making any property acquired for public use, vision, howeveT, shall not appointment or removal, or of the construction, reconstruc affect the appointment o f a the purchase of supplies, or tion. repair, operation, or m ain manager pro tem as herein attempt to exact any promise tenance of any structure or work In provided. relative to any appointment the nature of a public facility or (c ) Powers and Duties. The from any candidate for man Improvement, including a public powers and duties of the ager, or discuss, directly or utility, and o f any other public manager shall be: Indirectly, with any such work or service, by levying and (1) T o see that all ordin candidate, the matter of ap collecting special assessments upon ances are enforced. pointments to any city o f propert specially benefited. (2) T o appoint all heads of Section 31—SP E C IA L ASSESS fice or employment. Any vio departments and other city lation of the foregoing pro MENT. The method and proced officers and employees and visions of this seotion shall ure for determining the amount o f remove them at pleasure, work a forfeiture of the o f assessments, the allocation and ap and to have general super fice o f the offending mem- portionment of the amount o f the vision and control over them oer of the council, who may assessments, and the boundary and except as otherwise may be be removed therefrom by location of the property, lots, dis provided In this charter. All the council or by any court trict, or area to be assessed; for such appointments shall be of competent jurisdiction; the making and approval of the made upon the basis of merit provided, however, that plans and specification; for the and fitness alone. nothing herein contained notices to property-owners and oth (3) T o see that the provi shall be construed as pro er Interested parties; for the hear sions of all franchises, leases, hibiting the council, while in ings, for the composition, organ contracts, permits, and priv open session, discussing with ization. and procedure of boards of ileges granted by the city are or suggesting to the man revision or appraisal; for the levy of fully observed, and to report ager, fully and freely, any the assessments; for the creation of to the city council any vio thing pertaining to city a f a lien; and for any and all other lation thereof. steps, measures, fairs and for the best inter determinations, (4) T o attend all meetings est o f the city. Neither the resolutions, ordinances and actions o f the council unless ex manager nor any person in In relation to the assessments shall cused therefrom by three the employ of the city shall be governed either by (a ) the pro councilmen or by the mayor. take any part in securing or visions of the special assessment (5) T o act as purchasing shall contribute any money statutes o f the state or (b ) the agent for all departments of toward, the nomination or provisions o f a general ordinance the city. All purchases shall election of any candidate for setting forth such method and pro be made by requisition sign cedure, which general ordinance a municipal office. ed by tile manager. (g ) Ineligible Persons. No may be enacted by the council, and (6) T o examine or cause to person related to the man shall be subject to amendment or be examined, without notice, ager by consanguinity or repeal. the official conduct o f any Section 32. IM PRO VEM ENTS. affinity within the third de officer, assistant, deputy, gree shall hold an appoint Street, sewer, sidewalk, and such clerk, or employee in any ive office or employment other improvements as may be of the departments o f the deemed necessary by the council with the city. city government, except the Section 25. M U N IC IP A L JUDGE. may be made on the motion o f the council. (7) T o keep the council ad The municipal judge shall be the council or on petition of a m ajor vised as to the needs of tne Judicial officer of the city. He shall ity o f the property owners inter be appointed and hold office during ested. Remonstrance by two-thirds city. He o f the front footage o f property (8) T o prepare and submit the pleasure o f the council. to the budget committee the shall hold a court within the city owners concerned by the proposed annual budget estimate and which shall be known as the mu improvement shall operate to defeat such reports as may be re nicipal court for the city of Nyssa, such motion or petition and the Malheur County, State of Oregon. same may not again be considered quired by that body. (9) T o submit to the council The court shall be open for trans by the council for a period o f six an annual report of all de action of Judicial business except months thereafter. C H APTE R IX . partments of the city and on non-judiclal days, as prescribed Miscellaneous Provisions The such other reports as the by the laws of the state. municipal judge shall have original Section 33. E X IS T IN G O R D IN council may require. All ordin (10) T o prepare or cause to jurisdiction o f all offenses defined ANCES CONTINUED. be prepared plans and and made punishable by ordinances ances and regulations heretofore specifications for work com of the city, and o f all actions passed by the city, and in force ing under his supervision brought to recover or enforce for when this charter takes effect, if which the council orders, and feitures of penalties defined or au not inconsistent with it, shall re to provide such plans and thorized by any ordinance of the main in full force after it takes specifications In sufficient city. In all cases before the mu effect, and until they are amended number and in ample time nicipal court, trial shall be had or repealed by the council. Section 34. C IT Y T O R E T A IN to give full opportunity for without the Intervention of a Jury. Section 26. O TH ER OFFICERS. R IG H T S AN D BE SUBJECT T O all contractors who desire to The council shall fix the powers L IA B IL IT IE S IN EXISTE N CE A T bid thereon to do so. T IM E T H IS C H A R TE R (11) T o have control, subject and duties o f all appointive officers T H E to such ordinances as may other than those provided for In T A K E S EFFECT. All rights, pow ers, privileges, and immunities vest from time to time be adopt this chapter. C H APTE R IIV ed in the city and all liabilities ed, o f all public utilities Ordinances. which it has Incurred under the owned or operated by the Section 27. E N A C T IN G CLAUSE. special charter enacted by the leg city. (12) T o have general super The enacting clause o f all ordin islative assembly at Its 22nd reg vision over all city property ances hereafter passed shall be ular session in the year 1903, and acts amendatory thereof, and laws and its use by the public or "The city of Nyssa does ordain” . Section 28. IN TR O D U C TIO N , of the state, shall not be impaired city employees. (13) T o devote his entire R E AD IN G A N D PASSAGE, Every or discharged by adoption of this time to the discharge o f his ordinance shall be fully and dis- charter, except as this charter oth tinctly read in open council meet- erwise provides. official duties. (14) T o appoint such advis- i lng on three different days previous Section 35. L IM IT A T IO N ON ory boards as he may deem to being put upon its final pas- INDEBTEDNESS. Unless author deslrable to advise or assist sage; provided, however, that any ized by the voters of the city the him In his work; p ro v id -' ordinance may be Introduced and council shall not contract a vol- ed, the members of such read the first time at any meeting, untary indebtedness of the city In boards shall receive no com- and upon a unanimous vote of a l l , excess of $5.000 for general city pensation. o f the members of the counoil may 1 purposes and the council shall not (15) T o perform such other be read a second time In full and contract an indebtedness in excess duties as may be required by placed upon Its final passage at a o f the sum of $5000 for the maln- thts charter, or the council meeting held on a separate and tenance and operation o f Its mu- may require o f him. ¡successive day. Upon the final vote niclpal utilities. (16) From time to time, in the yeas and nays of the members ” Members — ‘----- of ' the " council and any order to facilitate the shall be taken and recorded in the other city official or employee who prompt, economical and e f- Journal. I f the ordinance pass the authorizes or creates or officially flclent dispatch o f city busl- j recorder shall so endorse it, with approves any such Indebtedness In ness, to organize the work i the date and his name and title excess o f the limitation shall be o f the departments under of office, and the mayor within jointly and severally liable fo r the his control, to assign assist three days of the passage shall amount of the excess. ants. deputies, and employ sign the ordinance with the date Section 36. D AM AGE S U IT S . The ees from any office or de and his name and title of office. city, in any event, shall not be Section 29 WHEN O RD INANCES liable In damages to any person for partment of the city gov ernment to perform work or T A K E EFFECT AN D P U B L IC A the injury to person or property service In connection with T IO N TH E RE O F Each ordinance caused In any manner by any any other office or depart passed by the council shall take defect or dangerous place at or In ment thereof, or to work In effect on the thirtieth day after Its any sidewalk, crosswalk, street, more than one o f said o f passage; provided, that when the alley, defective sewei, public grounds fices or departments; pro council deems It expedient, or In public buildings, drain, gutter, ditch, vided. that no such change case of an emergency, an ordinance or way, unless the city shall have shall affect the powers or may provide a different time when had actual notice o f such defect duties o f any elective o f It shall take effect, or that It shall or dangerous place, and a reason take effect Immediately. A ll or able time thereafter In which to ficer of the city. (d ) Seats at Council Meetings. dinances shall be posted for ten repair or remove such defect or The manager and such oth days after passage In three or more dangerous place before the hap er officers of the city as conspicuous places in the city. pening of such accident or Injury, may be designated by vote C H APTE R VOT and in no case shall more than of the council shall be entit Public Improvements $100 be recovered as damages from Section 30 PO W ER O F OON- the city for any such accident or led to seats with the council. but shall have no vote there- I D EM NATIO N AN D PURCHASE. ! injury. In. The manager shall have The city shall have power to ac- j No action shall be maintained the right to take part in the quire by purchase, gift, devise, or. against the city for damages grow- discussion of all matters com condemnatlon any property either lng out of such an accident or ln- ing before the council. wlthln or without Its corporate j Jury unless (1) the claimant first (e ) Manager Pro Tem. In case boundaries for any municipal pur- gives written notice to the council of the absence of the man pose, for the purpose o f (a ) pro- | within thirty days of the ocour- ager from the city, or his tectlng, preserving, and facilitating ence of the injury or damage stat- temporary disability to act an improvement, or (b ) bringing lng (a) the time when, the spec- as manager, the council Shall about such development of property , lfic place where, and the clrcum- appoint a manager pro tem along or In the vicinity of an im- stances under which the same oc- who shall possess the pow provement as will make such de- curred; ( b> that he will claim ers and discharge the duties velopment harmonious with and damages o f the city for the acci- o f the manager during such adjusted to the Improvement, a t dent. Injury, or damage; and (c ) absences or disability only: (c ) any combination of such pur- the amount of compensation or relief demanded:and (2) provided, however, that a poses: to acquire by condemnation other manager pro tem shall have property In excess of that needed [ thirty days have elapsed since the no authority to appoint or for the actual Improvement and to ] presentation of such notice to the remove any city officer or sell or lease such excess property council. employees except with the with building and use restrictions Section 37. Repealing Clause. All approval o f five members of and conditions to make its acts and parts of acts in conflict the council. No manager velopment harmonious with and ad with this charter hereby are re pro tem shall hold his pool- justed to adjacent public Improve pealed.
