CO GO (N O O o EXCHANGE PROPOSED AMENDED CHARTER OF THE CITY OF LA GRANDE UNION COUNTY STATE OF OREGON Proposed by Initiative Petition and Submitted to the Voters of the City of La Grande at the General City Election December 13, 1915 PROPOSED AMENDED CHARTER OF THE CITY OF LA GRANDE UNION COUNTY STATK OF OREGON Proposed by Initiative Petition and Submitted to the Voters of the City of La Grande at the General City Election December 13, 1915 BALLOT TITLE Proposed by Initiative Petition "An Act to Amend the charter of the City of La Grande, Union County, Oregon." Shall the proposed amendment of the charter of the City of La Grande, Oregon, including the amendment of said Charter providing for re-assessment for street improvements already made be adopted? Vote YES or NO 100 YES 101 NO 314792 A COMMISSION CITY CHARTER "An Act to Amend the Charter of the City of La Grande, in Union County, State of Oregon." BE IT ENACTED BY THE PEOPLE OF THE CITY OF LA GRANDE: The City of La Grande does ordain as follows: Section 1. That the charter of the City of La Grande, in Union County, State of Oregon, and the whole thereof, shall be and is hereby amended so> as to read as follows, to wit: CHAPTER I OF THE INCORPORATION Creation of Body Politic and Corporate Section I. The inhabitants of the City of La Grande, Union County, Oregon, and of that part of the County of Union and State of Oregon, with- in the limits hereinafter prescribed, are hereby created and established a. body politic and corporate and declared to be a municipal corporation by the name and style of the CITY OF LA GRANDE; and by such name shall have perpetual succession, contract and be contracted with, sue and be sued,, plead and be impleaded, defend and be defended, in all courts of justice, and in all actions, suits and proceedings whatsoever; may purchase, lease,, hold and receive property, real and personal, within the said City, for pub- lic buildings, public works, streets and improvements, and all other muni- cipal purposes; and may lease, sell and dispose of the same or any part thereof for the benefit of the said city; and may purchase, hold and re- ceive property, both real and personal, within or beyond the boundaries of said city to be used for city parks, for burial purposes, hospitals, pest houses, prisons, work houses, powder houses, for the erection of water works, and the establishment and maintenance of a water system, for a sewer sys- tem and disposal plant, for supplying the City with electric or other lights, and for other useful, beneficial or ornamental purposes, and may erect buildings and works thereon, and may enclose, ornament and improve the same; and may control, sell, lease or dispose of the same for the benefit of the city and may invest and borrow money and pledge the credit and property of the municipality. All property, both real and personal, be- longing to or invested in the City of La Grande as heretofore created, es- tablished and bounded, shall upon the adoption of this charter, become the property of and vested in the City of La Grande, as created, bounded and established by this charter; and said City may control, lease, sell or dis- pose of the same or any part thereof for the benefit of the City. Corporation Limits of the City Section 2. The corporate limits of the City of La Grande shall be as follows: Beginning at the southeast corner of Section seven, in township three south, Range thirty-eight east of Willamette Meridian, in Union County, Oregon, and running thence west on the section line one-half mile; thence north on the center line through Sections Six and Seven to the south line of Z avenue, in Riverside Addition to the said City of La Grande; thence west to the center line of Umatilla street, in Riverside Addition; thence north along the center line of Umatilla street, to the center line of Lake avenue, in said Riverside Addition, and thence east on the center line of said avenue to the west line of the southeast quarter of the south- west quarter of section thirty-two, in Township two south of Range thirty- eight east of the Willamette Meridian; thence south to the south line o^ said section thirty-two; thence east along the township line to the north- west corner of the northeast quarter of section five, township three south, range thirty-eight east of Willamette Meridian; thence south along the cen- ter of the County road one-fourth mile; thence east one-fourth mile, and thence south three-fourths of a mile to the Section line; thence east to the center of North Willow Street, in Honan's Addition to the City of La Grande; thence south along the center line of said North Willow street to the junction of said street with Willow street, in Coggan's Second Addi- tion to the said City of La Grande, and thence southwesterly on a line- MANAGERIAL SYSTEM with the said center of said Willow street to a point on a line running east and west through the center of Section eight, in township three south, Range thirty-eight east, of Willamette Meridian; thence west to the center of said section eight; thence south to the south line of said section eight; and thence west along the section line to the place of beginning. Changing Boundaries and Annexing Territory Section 3. The boundaries of the City of La Grande may be altered and new territory included therein, after proceedings had as required in this section. The Board of Commissioners of the City of La Grande, upon re- ceiving a petition therefor, signed by not less than one-fifth of the quali- fied electors of said City, as shown by the vote cast at the last general City election held therein for the office of Commissioner, may submit the question to the electors of said City, and to the electors residing in the territory proposed by such petition to be annexed to the City and become a part thereof. Such question shall be submitted at a special election to be held for that purpose, and the Commissioners of the City of La Grande shall give notice thereof, by publication in a newspaper of general circu- lation in the City of La Grande, and in such territory so proposed to be annexed, for a period of four weeks prior to such election, also, by post- ing notices thereof in four public places within the City of La Grande as well as in four public places in the territory proposed to be annexed, for a like period. Such notice shall distinctly state the proposition to be so submitted, and shall designate especially the boundaries of the territory so proposed to be annexed, and the electors shall be invited thereby to vote upon such proposition by placing upon their ballots the words "annexa- tion," yes, or "annexation," no, or words equivalent thereto. The Board of Commissioners of said City shall also designate the place or places at which the polls will be open within the City and in such territory proposed to be annexed, which places shall be those usually used for such elections within the City and also such places commonly used within the territory proposed to be annexed, if any such there be, and shall also appoint and designate in such notice the names of the judges and clerks of such elec- tion, together with the hours of holding the same. The Board of Commis- sioners shall meet on the Monday next succeeding the day of such election at one o'clock in the afternoon, and canvass the votes cast at such election. The votes cast in such territory so proposed to be annexed shall be first can- vassed, and if it shall appear upon such proceedings that a majority of all the votes so cast in such territory are in favor of annexation, then the votes cast within the City shall be next canvassed; and if a majority thereof are also found to be in favor of such annexation, then the Board of Commis- sioners shall, by an order entered upon its records, declare such annexa- tion and cause the Recorder of said City to make and transmit to the Sec- retary of State a certified description of such annexed territory and an abstract of such vote which shall show the whole number of electors voting in such territory, the whole number of electors voting in the City, the num- ber of votes cast in each, both for annexation and against annexation. From and after the date for filing such abstract, such annexation shall be deemed complete, and thereafter such territory shall be and remain a part of the City of La Grande. The judges and clerks before entering upon the dis- charge of their duties at such election shall fill their vacancies if any and qualify in the same manner as such officers so qualified at City elections. City Precincts Section 4. For general purposes the City of La Grande is hereby di- vided into four precincts, designated and described as follows: Precinct Number One shall include all that part of the City limits lying south of a due east and west line through the center of "L" avenue from the west line of the corporate limits to the eastern boundary thereof; Precinct Number Two shall consist of that part of the City lying and being north of Precinct Num- ber One and east of the center of Fourth street, and south of the railroad track of the Oregon- Washington Railroad and Navigation Company's main line; Precinct Number Three shall consist of that part of the City lying north of Precinct Number One .and west of the center line of Fourth Street, A COMMISSION CITY CHARTER and Precinct Number Four shall consist of that part of the City lying north of the track of said railroad's main line, and east of Fourth street of said City. The Commissioners, however, may change the boundaries of such precincts or increase the number thereof as the population may require or shall be for the best interests of said City. CHAPTER II OF THE GOVERNMENT OF THE CITY Power and Authority, In Whom Vested Section 1. The power and authority given to the Municipal Corpora- tion of the City of La Grande by this Charter is vested in and shall be exercised by a COMMISSION, composed of three members, and their suc- cessors in office, who shall be elected at large by the qualified voters of the City of La Grande. Appointment of Officers Section 2. This Commission shall appoint at its first yearly meeting, and keep in office a General Manager, and a Municipal Judge whose tenure of office shall each be subject to the discretion of the Commission and each of whom may be removed by the Commission with or without cause, pro- vided the Commission, by Resolution, may require any officer to perform the duties of two or more offices without additional compensation. Subordinate Officers and Employees Section 3. There shall be constituted the following officers in addition to the General Manager and Municipal Judge, viz: City Recorder, Treas- urer, City Attorney, Chief of Police, Chief of Fire Department, City En- gineer, Superintendent of Water System, City Health Officer and employ- ees deemed necessary in the government and management of the City of La Grande. The tenure of such officers and employees outside of that of General Manager and Municipal Judge shall be subject to the appointment and discretion of the General Manager, and each of them may be removed by such General Manager with or without cause; provided the Commission, i-y Resolution, may require any officer to perform the duties of two or more offices without additional compensation. CHAPTER III ELECTION General Elections Section 1. There shall be a general City election held in the City of La Grande on the second Monday of December in each year, at which elec- tion all elective officers provided for by this Charter shall be elected, and all initiative, referendum and other matters submitted by the Commission of the City of La Grande to the electors of said City at such election shall be voted upon. Special Elections Section 2. Special elections may be called by the Commission at such times as they shall designate and shall be governed by the requirements of this chapter the same as general elections. Judges and Clerks of Elections Section 3. The Commission shall designate one place in each precinct for holding the election therein, and shall appoint three (3) judges and two (2) clerks for each voting precinct, who, previous to entering upon the discharge of their duties, shall each take, and subscribe to an oath in the following form, to-wit: "I do solemnly swear that I will perform the duties of judge (or clerk) of this election according to law and to the best of my ability; that I will endeavor to prevent fraud, deceit and abuse in conducting same." Said oath to be administered to the judges and clerks by an officer authorized by law to administer oaths. Notice of Election Section 4. The City Recorder, under the direction of the Commission, MANAGERIAL SYSTEM shall give ten (10) days' notice by publication in a newspaper designated by the Commission, or by posting notice thereof in three -public places in each voting precinct of such general election, the officers to be elected, the measures, if any, to be voted upon, and the places designated for the hold- ing of the election, and the names of the judges and clerks appointed for the same. Qualifications of Electors Section 5. No person shall be qualified to vote at any election to be held under this Charter who does not possess the qualifications of an elector as defined by the Constitution of the State of Oregon, and who has not resid- ed within the City of La Grande for six (6) months next preceding such elec- tions, as well as in the voting precinct in which he offers to vote at least thirty (30) days next preceding such election, and who has not duly regis- tered according to law. Registration of Voters Section 6. The provisions of an act entitled "An Act to Provide for the Registration of Electors, Regulating the Manner of Conducting Elec- tions, Providing for the Prevention of and Punishment for Frauds affect- ing the Suffrage and to prevent Illegal Voting" Approved February 17th, 1899, of the Statutes of Oregon, shall apply to elections held under this Charter, except as herein otherwise provided. No person who has regis- tered for the preceding county election under the statutes and has not chang- ed his residence need register again for a city election, if in the proper voting precinct. The City Recorder shall keep open proper registration books, lists, etc., for a period of twenty days immediately preceding, includ- ing the day of each annual City election and during such time shall register all persons, who since the registration books were last closed, have become eligible to vote at such election, or who, being entitled to vote, have failed to register, and shall enter changes of residences occuring since the last registration of all persons who shall apply therefor. Such Recorder shall send to the several voting precincts its precinct register thus corrected, as provided and the same shall be used by the judges and clerks at each election held under this Charter. Time of Voting Section 7. All elections, general or special, in the City of La Grande, shall commence at eight o'clock in the morning and continue until seven o'clock in the evening of the same day, without closing the polls. If any judge or clerk fails to attend and serve at the opening of the polls the judges of election may appoint another in his place. If all the judges fail to attend, the legal voters present at any polling place may appoint others in their stead. Preferential System of Voting. Ballots Section 8. The City Recorder shall cause ballots for general and spec- ial elections to be prepared, printed and authenticated. The ballots shall contain a complete list of offices to be filled and the names of the candi- dates nominated therefor. When the number of candidates is more than three times the number of offices to be filled, each voter shall have the right to vote for as many first choice candidates as there are offices to be filled, and may have second or third choice candidates when it becomes necessary by reason of the number of candidates, to obtain a majority election. The form of ballot shall be substantially as follows : "GENERAL (OR SPECIAL) MUNICIPAL ELECTION" CITY OF LA GRANDE (Insert date of Election) Instructions: To vote for any person, make a cross (X) in a square to the right of the name. Vote your first choice in the first column; your second choice in the second column and your third choice in the third col- umn. Do not vote more than one choice for any one candidate. All dis- tinguishing marks make the ballot void. If you wrongly mark, tear or de- face ballot, return it and obtain another from the election officers. If any voter shall vote more than one choice for any one candidate the vote A COMMISSION CITY CHARTER highest in grade shall be counted and others rejected. COMMISSIONERS [ First Choice | Second Choice j Third Choice Names of Candidates "REFERENDUM MATTERS TO BE VOTED ON APPEAR HERE" When the number of candidates is more than twice the number of offices to be filled, and not more than three times the number of offices to be filled, the ballot shall give first and second choice columns only; and in such case the voter shall have no third choice and the instructions on the ballots shall be modified accordingly. When the number of candidates is not more than twice the number of offices to be filled only one column for marking shall appear, and in such case no second choice shall be allowed the voter. Requirements of Ballots Section 9. All official ballots used at any election shall be identical in form and of white paper, and space shall be provided on the ballot for charter amendments or other questions to be voted upon at such munici- pal election. The name of candidates shall be arranged on the ballot in the order in which the nominating petitions were filed; nothing on the ballot shall be indicative of the source of the candidacy or of the support of any candidate. No ballot shall have printed thereon any party or politi- cal designation or mark, and there shall not be appended to the name of any candidate any party or political designation or mark, (but words not exceeding twelve indicating his views on strictly municipal questions or issue may be). Sample ballots upon paper of different color, but other- wise identical with the ballot to be used at the election, shall be posted on day of election and be had at the polls for use of registered voters. Nominations Section 10. All general municipal elections shall be held and candi- dates therefor shall be nominated in accordance with the general election laws then in force in the State of Oregon, or any amendments thereof, ex- cept as in this Charter otherwise provided. And provided, that certifi- cates of nominations made by individual electors shall be signed by not less than ten (10) per cent of the total number of electors voting at the last preceding city election, and provided further, that all certificates oi nominations shall be filed with the Recorder of the City of La Grande not less than ten (10) days before the day fixed by law for said election. Qualifications of Judges and Clerks Section, 11. Judges and clerks of election shall possess the qualifi- cations of voters of the precincts in which they preside, but a mistake or error in this respect or failure to give notice for the full time required herein shall not invalidate any election otherwise legal. Election Canvass Section 12. On or before two (2) days after the election the returns thereof shall be filed with the City Recorder, and on the fourth day after the election, or sooner if the returns of all the voting precincts are in, the City Recorder shall call to his assistance two electors, who are not candidates for election to any city office, and they shall canvass the re- turns of the election. Section 12-A. Should the board of canvassers find that any candidate has received a majority of all first choice votes cast, he shall be declared elected. If no candidate has received a majority of all first choice votes cast, they shall then add the first and second choice votes; should any candidate receive a majority of first and second choice votes cast, he shall be declared elected; should no candidate receive a majority of first and second choice votes cast, then the third choice votes shall be added to the first and second choice and the candidate receiving the highest number MANAGERIAL SYSTEM cf first, second and third choice votes shall be declared elected. Statement of Return Section 13. A written statement of the canvass of the vote at any City election shall be made and signed by the canvassers or a majority of them and filed with the City Recorder within the time appointed to com- plete the canvass, and said statement shall be entered by the City Recor- der at large in the proper records of said City, to be kept for such pur- pose. Such written statement must contain the whole number of votes cast at such election; the number given for each person for any office, and the names of the persons and the offices to which they were elected, and also, the number of votes cast for or against any measure submitted by the Commission to such election. Certificates of Election Section 14. Immediately after the completion of the canvass, the City Recorder must make and sign a certificate of election for each person declared thereby to be elected and deliver the same to him on demand; and also shall make and sign a certificate of the result of any initiatory or referendum measure, and declare whether the same was carried or de- feated, and deliver said certificate to the Commissioners forthwith. Section 15. A certificate of election is prima facia evidence of the facts therein stated and in case of a contest between two persons claim- ing to be elected to the same office, the right to the office shall be deter- mined by an action at law in the same manner as contested elections to any county office, are determined. In case of a tie vote for candidates for the same office, the right to the office shall be decided by casting lots. Oath of Office Section 16. Every person elected or appointed to office under this Charter, before entering upon the discharge of his duties as such officer, shall qualify by taking and filing with the said Recorder an oath of office in the following form: "I , do solemnly swear that I will support the Constitution of the United States and of the State of Oregon, and that I will to the best of my ability faithfully perform the duties of the office of of the City of La Grande, during my incumbency thereof." And he shall execute and deliver to the Recorder of the City of La Grande, whenever required by Ordinance or Resolution, a bond conditioned as may be required by this Charter, or the Commissioners, and in such sum as they may require for the faithful per- formance of the duties of his office, with good and sufficient surety or sure- ties to be approved by the Commissioners. A bond given with a competent surety company may be accepted. State Laws. When May Govern Section 17. All laws of the State of Oregon regulating and govern- ing general elections and proceedings and matters incidental thereto shall so far as applicable govern herein except as otherwise provided by this Charter. CHAPTER IV. OF VACANCIES IN OFFICE When Vacant, Leave of Absence Section 1. The office of a Municipal Judge as well as appointive offices shall be deemed vacant whenever the incumbent thereof shall be absent from the City for three (3) days or by death or resignation or upon his ceasing to possess the qualifications required, provided, however, that the Commission may grant leave of absence to any member of the Com- mission or to such General Manager or Municipal Judge for a period not exceeding thirty (30) days at one time; and the General Manager may grant leave of absence to any other officer of the City appointed by him, for a period not exceeding fifteen (15) days at any one time, provided no officer shall draw compensation while so absent. Acting Officers Section 1-A. During: the temporary absence or inability to act on the A COMMISSION CITY CHARTER part of the General Manager or Municipal Judge, the Commission by reso- lution may appoint some qualified person as acting General Manager or Municipal Judge until such absence or inability shall be removed. Such acting General Manager or Municipal Judge shall have all the power and authority during such period, that the regular officer has; and in the ab- sence or inability of any other officer of the City, the General Manager may, at his option, appoint some other qualified person to so act in the place of such officer, and with like authority, and he shall file such tem- porary appointment with the City Recorder; and in each case such tem- porary appointee shall take the oath of office as in the case of the regu- lar appointee. But in no case shall the regular officer receive any salary while his temporary substitute performs the duties of his office. The tem- porary substitute shall receive such compensation as the Commission shall determine. Time of Appointee to Qualify Section 2. An officer appointed to any office, including an appointee to fill a vacancy, must within two (2) days from the date of such ap- pointment qualify therefor or he shall be deemed to have declined the appointment, and another appointment shall be made as provided for by this Charter. CHAPTER V. OF THE COMMISSION Qualifications Section 1. No person is eligible to the office of Commissioner who, at the time of his election is not a resident and legal voter of the City of La Grande, and entitled to the privilege of an elector, according to the Constitution and laws of the State of Oregon, and who has not resided in the City of La Grande for one year next preceding his election. Before entering upon his duties, he must take and file with the Recorder an oath of office. Term of Office Section 2. There shall be elected one Commissioner each year at the annual election, who shall hold office for a term of three years, and un- til his successor shall be elected and qualified; and he shall commence his term of office on the second day of January after his election in Decem- ber preceding, unless the same shall fall on a legal holiday when his term shall commence the next day; provided, the three Commissioners in office at the time of the adoption of this Charter shall hold for the respective terms for which they have been elected. Organization of Commission Section 3. The Commissioners shall elect one of their number Chair- man, at their first meeting in January, who shall be designated and known as the President of the City of La Grande. In case of vacancy as Chair- man, such vacancy may be filled at any time by them. He shall preside at all meetings of the Commission, provided, that in his absence or in- ability to act then the Commissioners shall choose a chairman pro tern, from among their number. The Chairman as such President of the City of La Grande shall approve and sign all rules, contracts, resolutions and ordinances adopted by the Commission in the manner hereinafter described. The term of such Chairman shall end with the year in which he is elected. Compensations. Section 4. The Commission shall hold a regular meeting once every week and for each regular meeting actually attended by him each Com- missioner shall receive not more than $5.00 for his services. Vacancies. Section 5. The office of Commissioner shall be deemed vacant upon the death or resignation of the incumbent or upon his ceasing to possess the qualifications of an elector, or upon absenting himself from the City for a period of thirty (30) days, unless granted a leave of absence, or if he shall fail to attend three successive regular meetings of the Commis- sion. A vacancy in the office of Commissioner shall be filled by election by MANAGERIAL SYSTEM the remaining Commissioners within thirty (30) days after the vacancy occurs, and if said Commissioners shall fail to fill said vacancy during said thirty (30) days, the Recorder of the City of La Grande shall call a special election within twenty (20) days thereafter, giving notice in the manner provided for the holdings of a general City election and the judges and clerks of election appointed for the last preceding election shall be the judges and clerks for such special election, providing that vacancies in the judges and clerks of election shall be filled in the manner pre- scribed for a general City election. At said special election a new Com- missioner shall be elected to fill said vacancy; provided further, that if a vacancy in the office of Commissioner occurs within two months imme- diately preceding the time of a general City election, not filled by the re- maining Commissioners, then the vacancy shall not be filled until such regular City election; provided that any Commissioner so appointed or elected at a special election, to fill such vacancy, shall hold office until the next general election and qualification of his successor, who shall be elected to fill the unexpired term. Meetings Section 6. The Commission must provide the time and place of its regular meetings from which it may adjourn to the next succeeding regular meeting, or to some specified time prior thereto, which adjourned meeting will be deemed to be a continuation meeting. Special meetings of the Commission may be called by the Chairman, or the other two members of the Commission, at any time upon not less than six hours' notice by personal service before such meeting. Quorum; Compelling Attendance Section 7. A majority of the Commission shall constitute a quorum to do business, but a less number can appear and adjourn from time to time. The Commission, or any one of them, can compel the attendance of absent members in such manner and under such penalties as may be pre- scribed by Ordinance. Rules and Records Section 8. The Commission may adopt rules for the government of its members and its proceedings. It must keep a journal of its proceedings, and upon the call of any Commissioner must cause the yeas and nays to be taken and entered in its journal upon any question before it. Its de- liberations and proceedings must be public. It shall provide a separate record for the minutes, and a separate record for the ordinances and a separate record for resolutions. Ordinances and resolutions may be re- ferred to in the minutes by appropriate number. The minutes, ordinances snd resolutions should be speedily recorded and the records thereof in- dexed and cross-indexed so as to render the same conveniently accessible to the public. The concurrence of any two members of the Commission is necessary, and sufficient vote to determine any question or matter under consideration by the Commission. Annual Meeting Section 9. On the second day of January, unless a legal holiday, then the next day, following any general City election, and also, following the first election under this charter, there must be a regular annual meeting of the Commission, and such meeting is designated and appointed by this Charter, and no notice thereof is necessary. General Duties Section 10. It shall be the duty of the Commission, to enact such ordinances, and they may repeal such ordinances as shall be required by the public good, take 'care that the business character and ability of the General Manager is sufficient to enforce the municipal law, perform his duties and services for the best interest and welfare of the municipal government, and in a careful, prudent and business-like manner, and the Commissioners shall be responsible to the City for the strict and efficient performance of his duties. They shall at each regular meeting investigate all matters of importance to the City coming to their attention, either bv observation or by report; listen to petitions, grievances and suggestions which A COMMISSION CITY CHARTER may properly be presented to them; obtain from the General Manager weekly reports and act upon them; take and approve all official undertakings which this Charter or the ordinances of the City may require; require any officer to give security for the faithful performance of his duties; and the Recorder shall endorse the approval of the Commission upon such undertaking, together with a reference to the book and page of the min- utes where the approval is found, and attach his signature thereto; and the said Commission shall by ordinance limit and fix the salaries and compensation of all officers provided for by this Charter; provided, the salary of the General Manager shall not exceed thirty-six hundred dol- lars ($3600.00) per annum; and the Commission shall perform such other duties and in the manner as may be prescribed hereafter by this Charter. CHAPTER VI POWERS OF THE COMMISSION The Commission of the City of La Grande has full power and au- thority within the City of La Grande. General Levy of Ten Mills Sec. 1. To levy taxes for general municipal purposes not to exceed ten mills on the dollar per annum, upon all property, both real and personal, which is taxable by law for state and county purposes. Special Levy of Ten Mills Section 2. To levy a special tax not exceeding ten mills on the dol- lar per annum upon all the property assessed by authority of Section 1, for any specific object, including special road taxes, sinking fund tax, interest fund tax, library tax, or any other specific purpose, within the powers of this Municipal Corporation, including the payment of any debt, but the ordinance providing therefor must specify the object and pur- pose thereof. The City May be Bonded Section 3. To provide for the issuance of negotiable coupon bonds of the City for any specific purpose, and to designate the manner and time for the payment thereof and the interest thereon. How the City May be Bonded Section 4. Whenever the City of La Grande shall contemplate the issuance of negotiable coupon bonds for any public purpose under this Charter, except for public improvements where the cost thereof is to be assessed to the property specially benefited, the Commission shall by ordinance or resolution, direct the manner in which the estimate of the cost of the proposed public improvement shall be ascertained, and such estimate shall be filed with the Recorder before any bonded indebtedness shall be incurred for such purpose. Thereupon, the Commission shall cause the question of the creation of such indebtedness by the issue of the negotiable coupon bonds of the City, to be submitted to a vote of the electors of the City at any regular election for municipal officers, or at a special election to be called by the Commission for such purpose. Such special election shall be called and held under the same procedure, as nearly as may be, as in the case of a general municipal election. The ballot used at such election shall have printed thereon the question sub- mitted, including the amount of the proposed bonds to be issued, and the words, "Bonds Yes," and "Bonds No," and each person voting shall make a cross (X) opposite the words "Bonds Yes," or "Bonds No," as he favors or opposes the issuance of bonds. If at such election a majority of the legal votes cast shall be in favor of incurring the indebtedness and issuing such bonds, then such indebtedness, to the amount authorized by the voters, or so much thereof as may be necessary, may be incurred by the issuance of such bonds. When bonds have been authorized as aforesaid, the Commission shall, by ordinance, prescribe the bond forms and provide for the issuance of the same. Said bonds shall be in the denomination of one hundred dollars, ($100.00) each, or any multiple thereof up to one thousand dollars MANAGERIAL SYSTEM 10 (SI 000.00) each, and shall mature at any date within twenty (20) years from their date. Said bonds shall bear interest at a rate not exceeding five (5) per cent per annum, payable semi-annually, and the principal and interest shall be payable at such place as the ordinance prescribing the bond forms shall designate. The bonds shall be signed by the President of the City of La Grande, and attested by the Recorder of the City un- der the seal thereof. Said bonds, when executed, shall be placed in the hands of the Recorder, who shall register the same in a book kept for that purpose by entering therein the number and amount of each bond, the date of issue, the date of maturity and the place where payable. Provided, however, this section shall not apply to the issuance of bonds upon the application of persons whose property has been taxed for local improvements and the assessment thereof made payable in installments, as hereafter in this Charter provided. Funding and Refunding Bonds Section 4-A. The Commission shall submit all ordinances and reso- lutions for the funding, refunding, purchase or redemption of any out- standing indebtedness of the City, when the same may be done to the profit and benefit of the City to the vote of the electors of the City, at a gen- eral or special election called for that purpose, as in the case of voting for bonds, provided for in last section. The ballot used in such election shall have printed thereon a brief statement of the question to be voted upon, including the amount proposed to be funded, refunded, purchased or re- deemed, as the case may be, and the words, "Funding Indebtedness Yes," "Funding Indebtedness No;" "Refunding Bonds Yes," "Refunding Bonds --No," and in like manner, the words for the purchase or redemption of the indebtedness of the City, as the voter may favor or oppose such meas- ure. For such purpose funding or refunding negotiable coupon bonds may issue upon the same being authorized by majority vote of the electors at said election being favorable thereto. Such funding or refunding bonds shall be in such form as may be prescribed by ordinance, shall be signed by the President of the City of La Grande, and attested by the Recorder, under the seal of the City, shall mature not more than twenty (20) years after date; shall be of the de- nomination of $100.00 each or any multiple thereof not exceeding $1000.00, and shall bear interest not exceeding 5 per cent per annum, payable semi- annually at such place as the ordinance prescribing the bond shall desig- nate. All such funding or refunding bonds may be exchanged dollar for dollar for the indebtedness to be funded or refunded, or they may be sold as directed by the Commission, and the proceeds thereof, shall be applied only to the purpose for which the bonds are issued. Prior to the issue, all of such funding or refunding bonds shall be registered by the City Re- corder in a book kept for that purpose, entering therein the number and amount of such bonds, the date of issue, the date of maturity and the place where payable. License on Callings and Amusements Section 5. To license, tax and regulate brokers, auctioneers, taverns, hawkers, peddlers, pawnbrokers, wash-houses, laundries, bill posters, places of public amusement or entertainment, including theatres, opera- houses, exhibitions, shows and the like, hotel and restaurant keepers, and run- ners, dealers in second hand articles or merchandise, the keeping of billiard tables, pool tables, bowling alleys, shooting galleries for profit, and such other business and professional callings as the public #ood may require to be licensed, taxed or regulated, and as are not otherwise prohibited by law; and for the purpose of this charter, to define and declare what constitutes any such professions and callings or places of amusement or entertainment. Teams and Transfer Licenses. Section 6. To license, tax and regulate livery or boarding stables; hacks, cabs, carriages, wagons, carts, trucks, drays, automobiles and other vehicles used for the transportation of persons or passengers, of goods, wares or merchandise, earth, rock, building materials or other articles, for compen- sation within the limits of the City, and to prescribe the rates to be charged for such transportation. 11 A COMMISSION CITY CHARTER Saloon Licenses; Offensive Callings. Section 7. To regulate or prohibit the manufacture of or dealing in spirituous, vinous or malt liquors, and decide what constitutes spiritut is, vin- ous and malt liquors; the keeping of bar rooms, drinking shops or places where such liquor? are kept for sale or in any manner disposed of, and the sale or disposal thereof; to prohibit all offensive or dangerous trades, en- pjoyments or business; and for the purposes of this charter, to define and declare who is a keeper of a bar room, drinking shop, or place where spirit- uous, vinuous or malt liquors are sold or disposed of, and what is a bar room, drinking shop or place where spirituous, vinous or malt liquors are sold or disposed of and what are such offensive or dangerous trades, employments or businesses, but this section does not empower the City of La Grande to declare a trade, employment or business offensive or dangerous contrary to the common understanding of the subject; nor to authorize anyone to do any act or engage in any business contrary to the law of the land. And to license, tax, regulate and restrain bar-keepers, saloon-keepers, dealers in or manufacturers of spirituous, vinous or malt liquors and places where such liquors are kept for sale or in any manner disposed of, and the sale and disposal thereof. Jails and Other Public Buildings Section 8. To purchase sites for public purposes, and provide for the erection of city halls, jails, houses of correction, work-houses and any other public buildings, and for the government and management of the same. Soiling Property for Taxes. Section 9. To purchase, take and hold real property when sold for de- linquent taxes or HKsessments levied or imposed under the authority of the City of La Grande, and to sell the same. Special Assessments; Bonding Property Therefor. Section 10. (a) To provide for the opening, grading, macadamizing, paving and otherwise improving the streets and alleys of the City and to as- sess the cost thereof to the property specially benefitted thereby, (b) To provide a general sewerage system for the City, the laying of the necessary mains and laterals therefor, and to assess the cost thereof to the property specially benentted thereby. The manner in which all public improvements shall be made, and the cost thereof assessed to the property specially benentted thereby as provided for by this chapter and other provisions of this Charter shall be as follows: First: The Commission shall create by resolution an Improvement Dis- trict and fix the boundaries therof, which shall include therin all property to be affected or benefitted thereby. Second: The Commission shall then cause plans and specifications for the proposed improvements to be prepared and submitted to them for con- sideration with the estimated cost thereof. Said plans and specifications may be standard plans and specifications or special ones for the particular im- provements contemplated. Said plans and specifications shall thereafter be adopted. Third. The Commission shall appoint two of their number as a Com- mittee on Estimates and said committee shall examine all property affected by such improvement and upon which local assessments are to be levied as to the extent and valuation, if any, of the special benefits to be derived by said property by reason of the improvement. Said committee shall then report their findings in writing to the Com- mission. Said report shall contain the following: (A) The boundaries of the district to be affected or benefitted by such im- provement. (B) A general statement as to the character of the improvements, and re- fer to the plans and specifications theretofore adopted for the specific im- provement, or to the standard plans and specifications, as the case may be. (C) A general statement of their findings as to whether or not the prop- erty within the improvement district will be benefitted. (D) The estimated total cost of the proposed improvement. (E) The description of each lot or parcel of land and the estimated proper- MANAGERIAL SYSTEM 12 tion of the cost of the improvement which applies against the same, together with the name of the owner or the reputed owner thereof. The Commission shall then consider the said report and may enlarge or diminish the improvement district, alter the amount or change the character of the improvement or the plans and specifications thereof, amend, alter, modify or change the report of the Committee on Estimates and adopt the same in whole, or any part thereof, either in the original, enlarged, diminish- ed, changed, altered, modified or amended condition. Fourth. After the Commission has created the appropriate improve- ment district, adopted plans and specifications, general or special, appointed a Committee on Estimates, received their report and acted upon the same and approved the same, the Commission shall fix a time and place when the Commission will meet, hear and determine objections, remonstrances and claims of grievance of persons interested therein and direct the City Re- corder to prepare and serve a notice to all whom it may concern of the in- tention of the Commission to make the improvements mentioned in the pro- ceedings and such notice shall contain, among other things the following: (A) The boundaries of the improvement district to be improved or benefit- ted as finally adopted by the Commission. (B) A description, generally, of the improvements so proposed, referring to the plans and specifications adopted therefor. (C) The time and place when the Commission will meet to hear and deter- mine all objections, remonstrances and claims of grievance, of any person interested. (D)The date issued and the signature of the City Recorder. The notice hereinabove provided for shall be served by publication of the same once each week for three weeks prior to the date fixed for such hearing, in a newspaper published in the City of La Grande and of general circulation in the City, County and State, or in the absence of any such newspaper pub- lished within the City, by posting a copy of such notice in at least three public places within the improvement district at least three weeks prior to the date set for the hearing and the proof of such service shall be made by the certif- icate of the Recorder filed, having attached thereto the affidavit of the print- er, or his foreman, or the publisher of the , newspaper publishing such notice or in case of posting the affidavit, of the person posting such notice. Fifth: The Commission in its discretion may adjourn said hearing un- til a later date, but not later than thirty (30) days thereafter. At the time and place fixed for said hearing, or any adjournment thereof, the Commis- sion shall hear and determine objections, remonstrances and claims of griev- ance of any person interested in said improvement. After a substantial com- pliance with the foregoing requirements the Commission shall be deemed to have acquired jurisdiction to make such improvement, provided, that if the owners of fifty-five (55) per cent of the property to be affected by said im- provement, measured by the front foot, object to said improvement, the Com- mission shall be ousted of jurisdiction for a period of six (6) months there- after. At the end of six (6) months, new proceedings may be initiated for the im- provement contemplated, or any part thereof. Jurisdiction once obtained shall be deemed continuing jurisdiction to make assessments or reassess- ments as hereinafter provided. Sixth. The Commission shall then advertise for bids for the making of such improvement and shall let the contract for such improvement to the lowest responsible bidder, whose bid does not exceed the estimated cost of such improvement; provided no patented material used in a contract shall be so designated as to prevent competition or the consideration of other material equally as good; provided, that the contractor or contractors shall expressly agree in the contract entered into for making such improvement, that he or they will accept at par the improvement bonds issued by the City to pay for such improvement in payment therefor, and that he or they will look alone to the property assessed as specially benefitted by such improvement for the payment of the contract price of said improvement and the special improve- ment bonds taken in payment thereof, including interest as well as prin- cipal. Seventh: When said improvement is completed and accepted the Com- 13 A COMMISSION CITY CHARTER mission shall direct the City Engineer to prepare a statement of the entire cost of the same, together with a description of the property benefitted there- by and the names of the owners, or reputed owners thereof, as described in the report of the Committee on Estimates, as adopted by the Commission; he shall include in the cost of said improvement the contract price thereof, the expense of advertising, engineering, and interest, if any, upon improve- ment fund warrants drawn in partial or full payment of the contract price, as the case may be, and all other additional expense which the city has in- curred by reason of the improvement; and any person interested shall be heard thereon, and said statement and objections thereto, if any, shall be con- sidered and determined by the Commission and adjusted as they may think proper. The Commission shall have power, by appropriate summary pro- ceedings to correct any clerical error appearing therein. Eighth: Said assessment shall be declared, the assessment roll pro- vided for, and the time and manner of collection of said assessment fixed, by ordinance. All special assessments to cover the cost of any public improve- ment herein authorized, shall be levied and assessed upon, and equitably ap- portioned among all blocks, lots, parts of blocks and lots, lands and real es- tate included within the boundaries of the improvement district created for such public improvement to the extent of and in proportion to the benefits to such blocks, lots, parts of blocks and lots, and real estate, by reason of yuch improvements; such assessment to be adjusted and proportioned in a uniform manner. Such assessments may be according to the square feet or foot frontage, and the expense of improving all intersections of streets and spaces opposite alleys in any district ordered to be improved shall be equally borne by and apportioned among the owners of said property abutting upon, contiguous, adjacent or tributary to said intersections and spaces opposite said alleys, according to the benefits which said property receive by reason of said im- provement; but the Commission in its discretion may declare the expense of improving all intersections of streets and spaces opposite alleys to be a public purpose and to pay for the same out of the general fund, or issue bonds for the payment thereof in the manner provided in Sub-division Third of this section, and the Commission may submit to the legal voters of the City the question of whether or not the city shall refund to property owners the cost and expense of all intersections of streets and spaces opposite alleys in any district heretofore improved, the cost and expense of which has been assessed to the property owners affected and benefited, and when authorized by a major- ity of the legal voters of said city shall incur indebtedness in the manner prescribed in Subdivision Third of this section, but nothing herein contained shall be construed to exempt any street railway, or other railway company, from keeping every portion of every street, alley and avenue used by it, upon and across which its tracks shall be constructed at or near the grade of such streets in good and safe condition for public travel, but it shall keep the same planked, paved, macadamized, or otherwise in such condition for public travel as the Commission of said City may from time to time direct. The por- tions of the streets and alleys to be kept and maintained by all such street railways or railway companies shall include all the space between differ- ent rails and tracks and also a space outside of the outer rail of each track of at least two feet in width, and the track herein referred to shall include not only the main track but also all side tracks, crossings and turnouts con- structed for the use of such street railway or other railway. Special assess- ments made and levied to defray the cost and expense of any work or improve- ment contemplated by the provisions of this section, and re-assessments therefor, and the cost of the collection thereof, shall constitute a lien upon and against the property upon which said assessment shall be made and lev- ied, from and after the date of the ordinance declaring the said assessment or reassessment, and shall be collected in the manner prescribed by this Char- ter and the ordinance declaring the assessment or reassessment. When the cost of any public improvement shall have been assessed to the property ben- efitted thereby, the Recorder of the City of La Grande shall enter in a dock- et to be kept for that purpose and known and designated as the Bond Lien Docket, under separate heads for each public improvement by number or MANAGERIAL SYSTEM 14 name, a description of each lot or parcel of land or other property against which such assessment is made or which bears, or is chargeable, with the cost of such improvement, with the name of the owner and the amount of such un- paid assessment. Such docket shall stand thereafter as a lien docket as for taxes assessed and levied for the City of La Grande, and for the amounts of such unpaid assessments therein, docketed, with interest on said unpaid as- sessments at the rate of six (6) per cent per annum against each such lots or parcels of land or other property until such assessments and interest are paid in the manner hereinafter provided; and all unpaid assessments and interest shall be and remain a lien on each lot or parcel of land or other property re- spectively, in favor of said City of La Grande, and such liens shall have priority over all other liens and incumbrances whatsoever. When such Bond Lien Docket shall be made up as hereinbefore provided as to the assessments for any public improvement, the Commission of the City of La Grande shall, by ordinance, authorize the issue of Improvement Bonds of the City of La Grande in convenient denominations not exceeding five hundred dollars ($500.00) each, and in all equal to the total amount of unpaid assessments for such public improvement, and such bonds shall by the terms thereof, ma- ture in ten (10) years from the date thereof and be payable in gold coin of the United States and bear interest not to exceed six (6) per cent per annum, interest payable semi-annually, said interest to be evidenced by coupons, at- tached to said bonds; provided, the right to take up and cancel such bond or bonds upon the payment of the face value therof with accrued interest to the date of payment, at any semi-annual coupon period at, or after one year from the date of such bond or bonds, shall be, and hereby is, vested in the City of La Grande, issuing such bond or bonds. Notice that certain bonds are to be taken up and cancelled as aforesaid and that the interest thereon shall cease at the interest payment period next following shall be published in a newspaper printed and published in the City of La Grande, and of gen- eral circulation in Union County, Oregon not less than twice during the month preceding said semi-annual period; and after said semi-annual period, interest upon the bonds designated in such notice shall cease. Such bonds, before issuance, shall be signed by the President of the City of La Grande, and countersigned by the Recorder of said City and authenticated by the seal of the City attached thereto, and shall be registered consecutively by number and denomination of each, in a book to be kept by the Recorder of the City of La Grande, to be known and designated as the "Improvement Bond Regis- ter." Each of such bonds issued for public improvements shall have distinctly and plainly inscribed or printed on the face thereof the registered number of said bond and the words "Improvement Bond, District Number , created , 191 ," with the name of the City of La Grande issuing the same. Such bonds shall be advertised for sale and sold for the highest price obtainable, but for not less than par and accrued interest; and theproceeds thereof shall be paid by the purchaser to the Treas- urer of the City of La Grande and credited to the respective public improve- ment funds for which said bonds are issued, provided, that said bonds may be delivered by the City to the contractor in payment, at par, upon the con- tract for the improvement for which such bonds are issued. Thereafter there shall be due and payable annually for ten (10) succes- sive years, to the Treasurer of the City, by the owner of each lot, parcel of land or other property assessed for such public improvement, ten (10) per cent of the cost of such public improvement assessed against the property of such owner as appears by the bond lien docket hereinabove described. Interest shall be due and payable semi-annually at six ((>) per cent per annum on all unpaid assessments or installments. The first installment aforesaid shall be due and payable at the expiration of one year from the date of said assessment in the bond lien docket, and subsequent installments at the ex- piration of each year thereafter. Should such owner or owners neglect or refuse to pay the sum or sums aforesaid, as the same shall become due and payable, for a period of twenty (20) days then the same shall be collected in the same manner and with the same penalties as delinquent public improve- ment assessments are paid and collected in the City of La Grande. It shall be A COMMISSION CITY CHARTER the duty of the City Recorder of La Grande, when the installments and interest on any assessment in the Bond Lien Docket are due, to make the proper ex- tensions of such installments and interest on said Lien Docket and turn the same over to the Treasurer of the City of La Grande, whose duty it shall be to notify the owner or owners of property, that the installments afore- said are due and payable, but a failure of such owner or owners to receive Fuch notice shall not be taken or held to prevent the collection of the same as herein provided. The Treasurer of said City shall issue a receipt to the person or persons paying said installments and interest and shall file duplicates of said rec- eipts with the Recorder, and when the Treasurer returns said Bond Lien Docket, said Recorder shall make the proper entries on said Bond Lien Docket, showing the amount of each payment and the date thereof, provid- ed, however, that at any time after issuance of such bonds, any owner, at the time being, of any such lot or parcel of land or other property against which such assessment is made and lien docketed, may pay into the City Treas- ury of the City of La Grande the whole amount of such assessment and for which such lien is docketed, together with the full amount of interest and costs accrued thereon to such date of payment and upon producing to the Re- corder of said City the receipt of the treasurer of the said City of such pay- ment (in which receipt shall be not only stated the amount of such payment, but also the description of the lot or parcel of land or other property upon which such payment is made) such Recorder shall enter in such Lien Docket opposite the entry of the lien therein, the fact of such payment, and the date thereof, and that the lien therein is discharged. The Treasurer of the City of La Grande receiving any funds accruing by virtue of this section of the Charter shall keep such funds and the amount thereof separate and apart from other funds of such City in a separate fund for each Improvement District, specifically naming the same by number, name of the district, and date of its creation. The amount of such funds paid on account of installments, and interest on unpaid installments, shall be placed to the credit of the proper fund, to be known and designated as Im- provement Bond Sinking Fund for the specific Improvement District naming the same. Entries of payments of installments, interest and cost made under the provisions of this section of the Charter shall be made in the Bond Lien Dock- et as aforesaid, as the same shall be received, with date thereof, and such payments made and entered in said Bond Lien Docket shall be and operate as a discharge of such lien to the amount of such payment and from the date thereof. No obligation incurred by the City of La Grande, by virtue of this sec- tion of the Charter shall be deemed or taken to be within or any part of, the limitation by law as to the indebtedness of the City of La Grande, and no obligation incurred as herein provided for shall ever be paid, either principal or interest, out of the General Fund of the City, or be or become a charge or liability against the City, which the City may pay out of the General Fund of the City, or by general taxation. At any time after the bonds, which may be issued by virtue of this sec- tion of the Charter, shall become payable, the City of La Grande may redeem such bonds, and to that end shall redeem the same, consecutively by number of such bonds, commencing with Number one (1) of such bonds and shall give notice of the readiness of such City to redeem, by publication in some news- paper, published in the City of La Grande, and having a general circulation in Union County, once a week for three successive weeks, giving therein the number of the bonds which will be redeemed and the time at which such re- demption will be made; and after such time so fixed for redemption, no interest shall accrue or become payable on such bonds so notified for redemption. District Improvement funds shall not only be kept by the City Treas- urer in a separate fund and denominated as aforesaid, but such funds shall never be applied to any purpose other than the payment of the cost and ex- i.enses of the particular improvement for which said funds were assessed and levied, and to pay the principal and interest in the redemption of the bonds and coupons issued for such improvement, until all the costs and expenses, in- MANAGERIAL SYSTEM 1C eluding the principal of all bonds, and interest thereon, have been fully paid and satisfied, and said bonds retired and cancelled. Should any surplus remain in any special fund herein provided for, after the payment of the cost of the improvement and the bonds issued therefor, including interest, then such surplus shall be diverted and placed in the general funds of the City. Whenever an assessment for the opening, altering, grading, paving or improving of any street or alley or the construction, re-construction or repair of any sewer, water drain, ditch or conduit, or any kind of local improvement has been or may hereafter be made by the City of La Grande upon or against the property abutting upon, contiguous or adjacent or tributary to or benefited by such improvement and such assessment or any part thereof has been or shall hereafter be set aside, annulled, declared or held void or its enforcement refused or enjoined by any Court of this State or any Court of the United States having jurisdiction therein, whether directly or by virtue of any de- cision of such Court or when the Commission of the City of La Grande shall be in doubt as to the validity of such assessment or any part thereof, the Commission of said City may, by ordinance, make a new assessment or re-as- sessment upon the lots, blocks or parcels of land which have been benefited, or may be benefitted by such improvement. Such assessment or re-assess- ment shall be based upon the special benefits of such improvement to the res- pective lots, blocks or parcels of land assessed or re-assessed at the time of its original making but shall not exceed the amount of such original assess- ment with interest thereon from date of the delinquency of the original as- sessment which may be added at the discretion of the Commission. Such re-assessment shall be made in an equitable manner as nearly as may be in accordance with the law in force at the time it is made but the Corn-- mission may adopt a different plan of apportionment of benefits, when in their judgment, essential to secure an equitable re-assessment. The proceedings required by this Charter to be had prior to the making of the original assessment shall not be required to be taken or had within the intent of this Section. Any such re-assessment shall be made and shall be- come a charge upon the property upon which the same is levied, notwith- standing the omission, failure or neglect of any officer, body or person to comply with the provisions of this Charter connected with or relating to such improvement and original assessment and notwithstanding the proceedings of the Commission or any officer of the City or contractor or other person connected with such work or improvement may have been irregular or defec- ive, whether such irregularity or defect be jurisdictional or otherwise. Such re-assessment shall not be made in case of a street or alley improvement wherein a remonstrance, sufficient in law to defeat the original improvement shall have been filed prior to the making of the improvement. The Commis- sion shall by resolution declare the district that has been or will be benefited by the improvement for which the re-assessment is to be or shall be made, and shall direct the Recorder or City Engineer within a time to be fixed by said Resolution to prepare a preliminary re-assessment upon the property in- cluded therein which has or will be benefited by such improvement, and shall in such preliminary re-assessment give the description of the property asses- sed together with the name of the owner of such property. After the passage of such resolution, the Recorder of the City shall as soon thereafter as such re-assesment is prepared, give notice to all whom it may concern by publi- cation once each week for three consecutive weeks in a newspaper publish- ed in the City of La Grande, Ore., and of general circulation in said City, and in the County of Union and State of Oregon; that such preliminary re-as- sessment is on file in his office; giving the date of the passage of the res- olution directing the making of the same and giving the time at which the Commission will hear and consider objections to such re-assessment by parties aggrieved thereby, provided, however, that if there be no newspaper published in the City of La Grande, Oregon, of general circulation therein, the notice hereinabove provided for shall be made by posting a copy thereof in three public places within the district sought to be improved, at least three weeks prior to the time set for hearing objections to such re-assessment. The owner or owners of any property which is assessed on such re-as- sessment, or any person having an interest therein may, before the time for the hearing upon such re-assessment, file with the Recorder of the City, in 17 A COMMISSION CITY CHARTER writing, their objections to such re-assessment. At the time appointed in such notice, the Commission shall hear and determine all objections which have been filed in writing by any party interested. The Commission may ad- journ such hearing from time to time and may, in its discretion, revise and correct or set aside and order the remaking of such re-assessment, and shall pass an ordinance approving and confirming such re-assessment, as corrected or remade by it, and such decision shall be a final determination of the reg- ularity, validity and correctness of such re-assessment, except as herein other- wise provided. When said reassessment is completed and confirmed, it shall be entered in the docket of City liens and shall be enforced and collected in the same manner that other assessments for local improvements are enforc- ed and collected under this Charter and the laws governing the City. All sums paid upon an assessment for which a re-assessment shall be made, shall be credited to the property on account of which the same were paid, as of the date of such payment. No such proceedings shall be instituted for any re-assessment under the provisions of this section unless the proceed- ings for such re-assessment are commenced within ten (10) years from the passage of the Resolution of intention for the making of the original improve- ment or repair. No re-assessment shall be held invalid for any mistake, ommission or error in stating the name of the owner of the property so re- assessed, provided the property re-assessed is correctly described. Property of a deceased person, which is in process of administration in the State of Or- egon may be assessed or re-assessed in the name of the estate of the deceased owner, and any administrator or executor in charge of any property so as- sessed or re-assessed shall, for the purposes of notice and such assessment or re-assessment be considered the owner thereof. No actions, suits or other proceedings pending at the time of the enactment of this Charter brought under or depending upon Section 35 of the Revised and Consolidated Char- ter of the City of La Grande, adopted June 22, 1909, or any improvement constructed under the provisions thereof, shall be in anywise affected by the repeal of said section, or its amendment or omission from this Charter, but said section shall be deemed still in effect as to such actions, suits, and proceedings so pending until final determination thereof, or as to im- provements made or initiated under said section until final completion thereof. Provided, however, that re-assessments hereafter made shall take ef- fect and be valid as in this section provided, notwithstanding any provis- ions of this section respecting pending actions, suits or proceedings, and such re-assessments shall in no wise be affected by such provisions. Police Force Section 11. To provide and maintain either, or both, a day and night police force. Gambling, Prostitution, Opium, Tobacco, Cigarettes Section 12. To suppress gaming and gambling houses, or places where any game in which chance predominates, is played for anything of value, and to punish any person who engages in such game or keeps or frequents such houses; and to define what is gaming or gambling; to prevent and suppress bawdy houses, or houses of ill fame, or the leasing or letting thereof; and to define what is a bawdy house or house of ill fame; or places where fornication is practiced, and to punish any keeper, inmate, owner or lessor thereof; to prevent and suppress opium smoking houses or places kept therefor, and to punish any person who shall vend or give away opium for the purpose of being smoked on the premises, and to punish any keeper of such house or place, or person who smokes therein, or frequents the same; to tax, regulate, license, prevent and prohibit the sale of cigarettes, cigars or any of them to minors. Property Trespass Section 13. To prevent and punish trespassers upon real and per- sonal property. Vagrants; Obscene Literature Section 14. To define what shall constitute vagrancy and provide for the support, restraint, punishment or employment of vagrants and pau- MANAGERIAL SYSTEM 18 pers; to prevent the sale, circulation or disposition of obscene literature, including books, papers, prints or pictures, and to punish any person who sells or offers for sale, or who circulates or disposes of such literature, books, papers, prints or pictures, or permits the same to be done; and to define and declare from time to time what literature, books, papers, prints or pictures are obscene within the purposes and province of this provision. Nuisances, How Abated; Lien. Section 15. To prevent and remove nuisances and to declare what shall constitute the same and punish persons committing, maintaining or suffering nuisances, to provide the manner of their removal and to make the cost of such removal a lien upon the property where such nuisances existed; and to enter upon private property for the purpose of abating said nuisances; or to fill up or drain any lot, blocks or parcels of land where any stagnant water stands, and to declare the same to be a nuisance, and to make the cost of filling up or draining said property a lien upon the property so filled up or drained, and to provide a method by ordi- nance of creating a lien upon said property and the collection of the same, and providing the kind and extent of notice to which the property owner may be entitled. Fire Limits; Fire Department; Building Exits; Fire Escapes. Section 16. To define the fire limits; prohibit the erection or repair of wooden buildings within the fire limits, and to restrict and limit the height of buildings within the City; to provide for and determine the number and size of places of entrance and exit from all theatres, public halls, places of amusement, churches and other buildings used for pub- lic gatherings, and the modes of hanging doors thereat, and to require adequate fire escapes, apparatus and appliances for protection against fire to be provided in such buildings, and to prevent and prohibit the erection of dangerous and unsafe buildings, and to cause the removal or tearing down of the same wherever situated; to create, control and regulate the fire department, to provide apparatus, officers and members therefor. Intoxication; Fighting; Quarreling Section 17. To restrain and punish intoxication, fighting, quarreling and disorderly conduct, and any unlawful or indecent practice, and to de- fine what shall constitute the same. Guns; Bombs; Fireworks. Section 18. To regulate or prohibit the use of guns, pistols and fire- arms, firecrackers, bombs or detonating works of all descriptions. Riotous Assemblage. Section 19. To prevent, restrain, punish or disperse any riot, or riot- ous or objectionable assemblage, and to define what shall constitute the fcame, or punish any person taking part therein. Concealed Weapons. Section 20. To prohibit the carrying of dangerous or concealed weapons. Driving and Cruelty to Animals Section 21. To regulate the driving of animals through the streets; and to prevent or punish cruelty to animals, and to define what shall con- stitute such cruelty. Impounding Animals; Killing Dogs Section 22. To prevent any and all domestic animals, including fowls, from running at large within the City limits, and to punish those persons who allow animals to so run at large; and to provide for the impounding 1 of said animals, and also to provide for the sale of such animals upon five days' notice; and to authorize the destruction of dogs when at large, contrary to the prohibition of any ordinance. Notice; Limit Traffic; Signs; Awnings; Posts; Poles; Placards; Cripples; Beggars; House Numbers; Naming Streets; Roaming Streets; Good Order. Section 23. To regulate and prevent public criers and advertising no- tices, the ringing of bells and playing of bands on the streets and to con- W__ A COMMISSION CITY CHARTER trol and limit traffic on the streets, avenues and places; to regulate the use of the streets and side-walks for the use of signs, sign posts, hitch- ing posts, awnings, posts, telegraph, telephone and electric light poles, and other purposes; to prohibit the exhibition of deformed or crippled persons, and to prohibit such and all persons from begging upon the streets or any other public places; regulate the exhibition or hanging of placards or flags in or across the streets, or from houses or other buildings, to establish from time to time such public stations as may be necessary; to regulate the numbering of houses and lots on the streets and avenues, and the naming of streets and avenues; to prohibit persons from roam- ing the streets at unreasonable hours, and to provide for the peace and good order of the City. Fines and Imprisonment Section 24. To provide for the punishment of the violation of any of the ordinances of the City, by fine or imprisonment in the City jail, tine not exceeding three hundred dollars ($300.00) or imprisonment not exceed- ing one hunderd fifty (150) days, or both, or by forfeiture as penalty, not exceeding three hundred dollars ($300. 00) and by working any person sentenced to such imprisonment on the streets, parks, public squares, in work houses or houses of correction during the time thereof, and to pro- vide for the punishment of any person sentenced to prison who shall re- fuse to work when ordered. Caring For Vagrant Children Section 25. To provide for the care, attention, control, safe keeping and education of delinquent and dependent children, as denned by the gen- eral laws of the State of Oregon now in force, or any amendments there^ to hereafter made. Contagious Diseases; Health; Plumbing; Steam Boilers Section 26. To make regulations to prevent the introduction of con- tagious diseases in the City, or to remove persons afflicted with such dis- eases therefrom to suitable hospitals, provided by the City for that pur- pose, to secure the protection of persons and property therein and to pro- vide for the health, cleanliness and ornament of the City, to regulate plumbing and drainage of buildings and the use of steam boilers and generators, and to provide for the registration of plumbers, and to make effectual such regulations as the Commission may deem expedient to pass, by providing penalties for the breach of any of the provisions thereof; to- make such sanitary regulations as to the Commission may seem proper. Markets; Slaughter and Hide Houses; Weights; Measures; and Unwhole- some Food Section 27. To provide for the establishment of market houses and places, and to regulate the erection and maintenance of market houses, hide houses and other like places; to regulate or, prohibit the location or maintenance of slaughter houses or hide houses within the City limits or for a distance of three (3) miles without the City limits; to provide a standard of weights and measures; to provide for the punishment of any person giving short weights or measure and authorize an inspection of weights and measures and of food, to prevent and prohibit the sale of unhealthy and unwholesome food; to provide for the office of City Weigher and Measurer and to prescribe his duties. Constructing Sewers Section 28. To divide the City into convenient sewer districts and the sewer districts into sections for the purpose of local improvement and, whenever in the opinion of the Commission, it is deemed necessary for the protection of the health of said district, section and City to provide for the construction of sewers, the same may be constructed within such district or section and the payment of the expenses thereof made by the levy of a special assessment in the manner heretofore provided for, dis- trict improvements upon the property which is specially benefited by rea- son of the construction of said sewers. Right of Way; Sewer Connection. Section 21). To locate and construct any ditch, canal or pipe for the- MANAGERIAL SYSTEM 20 conduct of water and any such drain, sewer or culvert it shall deem nec- essary, or convenient, and for such purpose shall have the right to enter upon any land between the terminals of such ditch, canal or pipe, or drain, sewer or culvert, for the purpose of examining, locating and surveying the line of said ditch, canal, pipe, drain, sewer, or culvert, and to appropriate as much of said land as may be necessary for the construction of said ditch, canal, sewer, pipe, drain or culvert in like manner as is provided by the lav/s of the State of Oregon for the condemnation and appropriation of lands or rights of way by railroad corporations and also to appropriate and divert from its natural sources or channel for the purpose of draining or flushing any drain, sewer or culvert, any spring, or streams, or water and to regulate water and sewer connections, and to assess the cost of the right of way for said ditch, drain, sewer or culvert, as fixed by the con- demnation proceedings, to the property benefited thereby. Water Works Section 30. To provide the City with good and wholesome water, and for the erection and construction of such water works, reservoirs, pipe- lines and other conduits as may be necessary or convenient therefor. Af- ter the taking effect of this Charter, in the discretion of the Commission, all water mains laid or constructed in the City of La Grande may be laid, constructed and assessed and paid for in the same manner as provided by Sections 10 and 28, Chapter VI of this Charter, with reference to the construction, assessment and payment of sewers and drains in the said City, except that if all the property owners to be served by the said water main extension shall execute an agreement with the City, constantly to take and pay for the water so furnished at the rates provided therefor by the Water Department, from the date of the completion of the water main extension henceforth, then the Commission may pay the cost of con- structing the said water main out of the water fund of the City of La Grande; provided, further, that the Commission shall have the power to declare to be nuisances the water supply for domestic uses from wells located within the district or districts served by the water mains, exten- sions or laterals of the water works of said City and to abate the same in the manner provided by this Charter, or any ordinance enacted there- under. Regulating Cesspools Section 31. To prevent the erection or maintaining of privies or cess pools within one hundred seventy (170) feet of any street or alley or ether place, in which a sewer has or may be hereafter constructed; to require under suitable penalty all persons to connect their buildings with said sewer if within a distance of one hundred seventy (170) feet of the sewer, provided, in case where blocks are more than one hunderd seventy (170) feet in width, this authority shall extend to the center of the block; to condemn rights of way for the purpose of connecting with said sewers in all cases where necessary, said condemnation proceedings to be sub- stantially the same as provided by the general laws of the State of Ore- gon for the appropriation and condemnation of rights of way by rail- road corporations, the just compensation or the amount allowed in a con- demnation suit for said rights of way to be paid by the property owners whose duty it is to connect their property with said sewers. Gas and Electric Lights Section 32. To provide for lighting the streets, parks, buildings and other public places of the City, and furnishing the City with gas, electric or other lights, and for the erection, construction and maintenance of such works within or without the City limits or convenient thereto; to regulate the rates charged consumers by gas and electric and other light companies doing business in the City of La Grande under franchises grant- ed heretofore or hereafter to be granted by the City of La Grande. Minor Sidewalk Assessments Section 33a. The Commission may, by resolution, require the repair, construction, or re-construction of any sidewalk by the owner of any abut- ting property, and shall appoint a Committee on Estimates, consisting of 21 A COMMISSION CITY CHARTER two members of the Commission, who shall examine the abutting property to be affected or benefited by such sidewalk improvement or repair, and upon which local assessments are to be levied, to the extent and valuation of the special benefits to be derived from such improvement, if any; said Committee shall report its findings in writing to the Commission, said re- port showing the character of the work to be done; the estimated cost; the abutting property specially benefited thereby; and the owner or re- puted owner thereof. The Commission shall then consider the said report and may adopt the same or amend and adopt the same, and upon the adoption of said report, or the adoption of the same as amended, the City Recorder shall prepare, and the police shall serve notice on the owner or reputed owner of the abutting property to said sidewalk; such notice shall contain a de- rcription of the repair and improvement so proposed; the time and place when the Commission shall meet to hear all objections and remonstrances, claims of grievance of any person interested; the estimated cost of said repair or improvement, and the property to be affected and benefited there- by, such notice shall be personally served at least five (5) days prior to the day fixed for said hearing upon the property owner or reputed owner of said abutting property; or, in case he cannot be found within said City, then by publication for five (5) days in a newspaper published within said Cicy, except Sunday, immediately preceding the time fixed for said hear- ing; proof of personal service to be made by affidavit of police, and of service by publication by the owner, manager or printer's foreman of said newspaper. Said affidavit shall be filed in the office of the City Recorder on or prior to the time fixed for the hearing. On the day set for the hearing, the Commission shall consider any and all remonstrances thereto, and may, by resolution, if it still deems it expedient to make such repair, construc- tion or re-construction of side-walks, direct the Street Superintendent of said City to proceed to make such improvement; and all the costs thereof, with the costs of the engineering, plans, specifications and advertising, shall be entered up in the Lien Docket of the City against said property, and shall constitute a lien against the abutting property in the manner as liens for street improvements are assessed; provided, that the Commis- sion at its said hearing, may by resolution, authorize the owner of the abut- ting property to make such sidewalk repair, construction or re-construc- tion within a day named, or on failure to do same, authorize the street superintendent to proceed as aforesaid; provided further, that nothing herein contained shall prevent any abutting property owner from construct- ing, re-constructing or repairing a sidewalk upon the orders of the Street Superintendent, and in accordance with the plans and specifications fur- nished by the City Engineer therefor. Prevent Encroachments and Obstructions Section 33. To provide for the prevention and removal of encroach- ments upon and obstructions from and for the cleaning and repairing of the streets, sidewalks, cross walks, alleys, avenues, lanes or other hign- ways of the City and compel owners, lessees, agents and occupants of land abutting upon the streets to remove such obstructions and repair the streets, sidewalks, alleys, lanes or other highways of the City, and to pun- ish such persons for refusing to do so. Surveying of Blocks and Streets Section 34. To provide for surveying the blocks, streets, alleys or parks of the City, and making the boundary lines of such blocks, streets, alleys or parks. Regulating Roadways; Railways; Transportation; Horses and Vehicles. Section 35. To regulate the use of streets, roads, highways and pub- lic places for foot passengers, animals, vehicles, cars, street railways and locomotives, to regulate the speed of railroad trains, cars or engines, motor cars, automobiles, motorcycles, or other vehicles within the corporate lim- its, the loud or unnecessary blowing of whistles; to regulate the transpor- tation of gunpowder, dynamite, nitro-glycerine and other combustibles MANAGERIAL SYSTEM 22 through the streets of the City; to protect the public from injuries by runaways, by punishing persons who negligently leave horses or carriages in the streets without fastenings; to prescribe the width of tires on all wagons, carriages, drays, trucks, carts and other vehicles and the weight to be carried thereby, for the preservation of the streets and highways. Sidewalks; Building Fronts; Barbed Wire Fences. Section 36. To regulate the use of sidewalks and to prevent the ex- tension of building fronts within the street line and to prohibit the build- ing and use of barbed wire fences, within the corporate limits. Street Surfaces; Gas and Water Mains; Sewers. Section 37. To regulate the opening of street surfaces, the laying of gas and water mains; the building and repairing of sewers and the erec- tion of electric, gas and other lights. Opening and Widening of Streets Section 38. To open, establish and widen streets, avenues, lanes, and alleys upon payment of just compensation therefor and to bring suits for the condemnation for the land required for such purposes; and to assess the amount of said just compensation to the property benefited by the op- ening, establishment and widening of streets, avenues, lanes, and alleys; to vacate streets, avenues, lanes and alleys; to grade, pave, plank, macad- amize, gravel, curb and otherwise improve, repair or beautify the high- ways, streets, avenues, lanes and alleys of the City; to build sidewalks; to require property owners to remove weeds and other noxious growths from the surface of their property; to require parking strips between side- walks and curbs to be graded and planted to lawn grass; to establish building lines; to establish lines for the erection of shade and other orna- mental trees; to regrade, repave, replank, regravel, recurb and otherwise jeimprove the highways, streets, avenues, lanes, alleys and sidewalks of the City; to provide for the payment of the expense thereof and to levy special assessments in the manner provided in Section 10 of Chapter VI of this Charter, upon the property which is specially benefited by such improvement. Sprinkling Streets Section 39. To provide for the sprinkling, flushing, cleaning and re- pair of any or all streets in the City and to pay for the same out of the general fund, or levy special assessments upon the property benefited thereby in the manner provided in Section 10, Chapter VI of this Charter, hereinbefore stated. House Moving; Dangerous Buildings Section 40. To. prevent the erection or moving of buildings within the city limits, which shall be dangerous to the passersby or to the adjacent property, or an obstruction to public travel, and in case any building or any public street shall become dangerous to passersby, the Commission shall have power to cause the same to be removed or made safe at the expense of the property, upon five (5) days' notice to the owner thereof or agent therefor; and to determine by resolution when the same is dan- gerous. Such expense shall be made a lien upon the property and shall be levied, assessed and collected in the same manner as assessments for street improvements and the Commission may regulate the time and man- ner of, or prohibit the removal of buildings through the streets of the City, and may designate the character of the buildings which may or may not be moved. Regulating Poles; Wires; Cables and Underground Conduits Section 41. To allow, authorize, provide for and regulate the erection, maintenance and removal of telegraph, telephone, electric light, electric railway and other poles, wires and cables, and the laying and use of un- derground conduits or subways for the same, in, under, upon and over the streets, alleys or public parks, and public grounds of the said City, and in, under, over and upon any lands owned, or under the control of the City, whether they be inside the limits of said City or not; and to require all such wires and cables to be laid in said conduits or subways. 23 A COMMISSION CITY CHARTER Appropriating Money Section 42. To appropriate money and pay debts, liabilities and ex- penditures of the City, or any part or item thereof. Taking Census; Deaths and Births; Sextons and Physicians. Section 43. To provide for a census of the inhabitants of the City; to regulate the burial of the dead and require registration of all births and deaths; to provide suitable penalties for the violation of ordinances enacted under this power; to create a Department of Health and the office of City Physician and prescribe his duties. Regulating the Storage of Gun Powder; Dynamite. Section 44. To regulate and restrict the storage of gun powder, dy- namite, giant powder, nitro-glycerine, oil and other combustible material, and to prevent their manufacture in the City, and to prevent by all proper means, danger or risks or injury or damage by fire, arising from careless- ness, negligence or otherwise. Duties of Officers Section 45. To prescribe the duties of all officers of the City, other than the Commissioners, either elective or appointive and to require each to give a surety bond for the faithful performance of his duties in such sums as the Commission shall designate, the premiums on said bonds to be paid from the general fund of the City Treasury. To Exercise Power Section 46. To exercise such power and authority as may be given to the Commission in this Charter, subject, however, to the initiative, referendum and recall, (as now, or may hereafter, be provided by the general laws of the State of Oregon). Powers, How Exercised. Section 47. The powers and authority given to the Commission by this Charter, wherein the same when executed is municipal legislation, can only be exercised or enforced by ordinance, unless otherwise expressly provided, but all powers and authority given to the Commission by this Charter not amounting to municipal legislation may be exercised either by ordinance or resolution, in the discretion of the Commission, except as otherwise herein provided. And the Commission, upon concurrance of any two Commissioners may pass any ordinance or resolution not repug- nant to the Constitution or laws of the United States or of the State of Ore- gon, necessary or convenient for carrying into effect any power or authority granted by this Charter, except wherein limited by the provisions of this Charter. Limitations of Power Section 48. The Commission shall not have power; (1). To authorize or make any contract for continuous service for a longer period than five (5) years, but the payment of a debt may be limitec in time not to exceed twenty (20) years. (2). To grant a franchise, even after a referendum, for a longer period than twenty-five (25) years. CHAPTER VII. PUBLIC UTILITIES AND FRANCHISES Public Utilities Section 1. The City of La Grande shall have power to construct, con- demn, purchase, add to, acquire, maintain, operate and own all or any part of any public utility or any plant or enterprise, for the pur- pose of serving the City and the people thereof for uses public and pri- vate. Such power may be exercised in any lawful manner and shall in- clude the power to purchase, condemn or otherwise acquire any franchise heretofore granted to operate a public utility. Power of City to Construct or Acquire Section 2. The City shall have the power to construct and acquire in any legal way and to maintain and operate works, plans and facilities MANAGERIAL SYSTEM 24 for the purpose of doing any and all municipal work by direct employment of labor under the supervision of the City and may use such works, plants and facilities and product thereof for the purpose of doing municipal work of all kinds, and shall have the power to sell such product for use in the construction of municipal improvements of the City. It shall have power tc provide payment for the whole or any part of local improvements con- structed or done by the City directly under the provisions of this section as may be provided by issuing bonds as provided by Chapter VI, Section i, of this Charter or by the use of any moneys in the general fund at the end of the fiscal year. Public Utility Defined Section 3. The term "public utility" as used in this Charter shall be deemed to include every plant, property or system engaged in the public service within the City or operated as a public utility as such terms are cominonly understood. Regulation of Utilities Section 4. The Commission shall have general supervision and power of ieguiation of all public utilities within the City of La Grande, and of all persons and corporations engaged in the operation thereof, subject to the provisions of this Charter. Public Utility Certificates Section 5. The Commission is hereby granted power to issue and sell interest bearing public utility certificates for the construction or acquisi- tion by purchase, condemnation or otherwise of any public utility to be operated within the City. The certificates shall be secured by a mortgage or mortgages upon such public utility plant and the revenues thereof; but the same shall not be a general liability of the City, and shall be paid solely from the revenues derived from the plant or from the sale thereof. Su^h power shall be exercised only by ordinance which shall be subject to referendum in like marner and upon like terms and conditions as or- dinances granting franchises. Investigation of Public Utilities Section 6. The Commission shall have power to investigate from time to time, and whenever they shall deem that the public service, health or welfare require it, the affa'irs, business and property of any public utility .vithin the City. For that purpose they have the right to compel attend- ance of witnesses and the production of books, papers and records, and of entry in person or by authorized agent upon any premises or places of any person or corporation engaged in the operation of a public utility. They shall have the power to control, regulate and order such changes, im- provements, extensions,, additional facilities, appliances or equipment in or upon the plant and property of any person or corporation operating public utilities within the City as may be deemed necessary to promote the public interest, convenience or safety, and to protect its employees in the construction, maintenance or operation of any such public utilities. Ev- ery charge, rate, fee or compensation made, charged or demanded by any person or corporation engaged in the operation of a public utility within the City of La Grande for any service rendered or to be rendered shall be just, fair and reasonable. The Commission shall have power to hear iind determine what is just, fair, and reasonable rates, fees and charges and to fix and limit such rates, fees and charges and for that purpose may make valuations of the property of any person or corporation engaged in the operation of a public utility within the City. To that end they, may make and enforce regulations providing that at any time of construction or acquisition of any . plant, or property render- ing a public service and of any improvement or additions thereto the per- son or corporation having charge thereof shall record with the City Re- corder a description of all property which such person or corporation shall intend to present for such valuation and all later improvements when made, together with full information as to the cost thereof and vouchers sup- porting the Fame, to the end that a complete record of all property to be valued under this section shall be at all times available. 25 A COMMISSION CITY CHARTER Public Utility Shall File Report Section 7. (A) Every person or corporation operating a public util- ity within the rendering service to be paid for wholly or in part by the users of such service shall keep full and correct books and accounts and make quarterly reports in writing to the Commission verified by such per- son or an officer of the corporation, which shall contain an accurate state- ment in summarized form as well as in detail of all receipts from all sources and all expenditures for all purposes, together with a full state- ment of all assets and debts including stock and bond issues as well as such other information as to the cost and profits of such service, and the financial condition of such grantee as the Commission may require. Such reports shall be made public and a summary thereof shall be printed as a part of the annual report of the Recorder, and the Commission may in- spect or examine, or cause to be inspected or examined, at all reasonable hours, any and all books of account and vouchers of such grantee. (B) Reports shall be made in accordance with forms and methods pre- scribed by the Commissioners and so far as practicable shall be uniform for all grantees and holders of franchises, and shall, except for import- ant and necessary changes, conform to such reports as are required by state or federal public utility commissions. (C) Every failure or neglect on the part of the grantee or holder of a franchise to keep books of account or to make reports under this sec- tion shall be deemed an off ense and the Commission may by ordinance Erovide for the punishment of every such violation, failure or neglect by ne or imprisonment, or both, of the person or persons whose duty it shall be to keep such reports. (D) The enumeration in this chapter of any particular or special pow- er or duty shall be construed as additional and supplemental to any and till powers residing in or otherwise conferred upon the City of La Grande by law. Power of the Commission to Make Rules Section 8. (A) The Commissioners shall have power to make all orders, rules and regulations necessary or appropriate to carry into effect the powers granted and to make the same effective by penalties and for- feitures, and upon failure by any franchise holder to comply with any of the requirements of the provisions of this Chapter for a period of thirty (30) days after notice, the Commission shall have power to declare by ordinance a forfeiture of the franchise under which any person or corpo- ration so failing to comply is operating a public utility within the City of La Grande. (b) Every such order, rule or regulation of the Commission shall take effect at a time to be therein specified, and shall continue in force until modified or abrogated by the Commission or modified, suspended or set aside by the decree or judgment of a court of competent jurisdiction. (c) Whenever any person or corporation against whom any rule, or- der or regulation is directed, as provided by the foregoing subdivisions shall believe an order to be unjust or unreasonable, he or it may test its justice or unreasonableness by a proper action in the courts commenced within thirty (30) days after service of any such order, rule or regula- tion, and in such action such further order may be entered in the prem- ises as shall be warranted by the facts developed upon the trial and the law applicable thereto. Franchises Subject to the Provisions of This Chapter Section 9. Every franchise hereafter granted shall be expressly sub- ject to all the provisions of the foregoing sections and the power of con- trol and regulation as authorized by such sections cannot be limited, di- vested or granted away. Subject to the initiative and referendum such power of control and regulation shall be exercised by the Commission and may be exercised by the Commission through its agents. Franchise Deemed as Property Section 10. Every franchise granted under this Charter shall be taken and deemed as property and shall be subject to taxation as property. MANAGERIAL SYSTEM Limitation as to Time Section 11. Franchises may be granted for a limited time in and up- on the streets, highways and public places and property of the City of La Grande, in the manner and subject to the conditions herinafter contained. No Exclusive Franchise Granted Section 12. No exclusive franchise shall be granted nor shall any franchise, lease, or right be granted for a longer period than twenty years. Franchise What to Contain Section 13. Every Franchise granted by the City of La Grande shall contain full and explicit statements of its conditions in the following par- ticulars: (a) In case of railroads and street railways it shall specify plainly the streets or other places or parts thereof to which they apply. Any other franchise shall state the boundary of the district or districts with- in which it shall be exercised. (b) The amount and manner of payment of the compensation to be paid by the grantee for the right. The Commission shall make an esti- mate of the cash value of any franchise upon the filing of the application, or an estimate of what it may consider fair compensation to the City for the franchise, and the same shall be en tered upon the minutes of the pro- ceedings of the Commission and published with the published copy of the franchise. In lieu of a money valuation the Commission may at its op- tion declare what will be a reasonable reduction of fares, rates or charges, either at the beginning or progressively from time to time, to be made by the grantee in compensation for the grant. (c) The time of beginning the construction or other work thereun- der, the estimated total cost of such work, the monthly or yearly sums of money to be expended thereon, and in case of franchise to transportation companies or other franchises covering certain streets or portions of streets, the time within which the work under such franchise shall be com- pleted upon such streets or portions of streets respectively. (d) Every grant of a franchise which provides for or permits the changing 01 rates, lares, or charges shall contain a provision fixing the maximum that the holder can collect for service rendered by virtue of said franchise and the operation of the plant or property thereunder; subject, however, to the power of regulation prescribed in this Charter. Rules, however, shall always be uniform to all persons of like classes under similar circumstances and conditions. (e) Every franchise shall be embodied in an ordinance, which shall contain all the terms and conditions of the proposed grant, and shall be filed with the Recorder. Thereupon such proposed ordinance shall be pub- lished in full once in the City Official Newspaper and given as full pub- licity as may be under the circumstances, notice prepared by the Recor- der, that an application has been made for a franchise, giving the name of the applicant, the character and location of the proposed grant, and requesting any person having any objections to such proposed franchise or any provisions thereof to file the same in writing with the Recorder within twenty (20) days from the first publication of such notice. If such request is made therefor, the Commission shall fix a time for a hear- ing upon such objections, and give reasonable notice of the time thereof not less than five (5) days. All such publications and notices shall be at the expense of the applicants for such franchises. Such ordinances shall not come up for first reading until after the expiration of the said twenty (20) days. If such ordinance shall be amended, it shall be republished in the City Official Newspaper in full as amended. No such ordinance granting a franchise shall be put on its final passage within thirty (30) days after the first reading nor within twenty (20) days after any amend- ment thereto, and the affirmative vote of three Commissioners shall be required to pass the same. (f) The enumeration and specifications of particular matters which must be included in every franchise granted shall not be construed to impair the right of the City to insert in such franchise such other and 27 A COMMISSION CITY CHARTER further conditions and restrictions as the Commission may deem proper for the public welfare. Franchise Not to be Sublet or Leased Section 14. No franchise shall be sublet or assigned, nor shall any of the rights or privileges thereby granted or authorized be leased, as- signed, sold or transferred without the consent of the City of La Grande expressed by ordinance which shall be subject as other ordinances, to the referendum. Franchise Conditions Section 15. Every franchise granted by the City of La Grande shall be subject to the conditions and restrictions hereinafter provided, to wit: (a) That the City may in any lawful manner and upon the payment of a fair valuation lawfully ascertained, purchase, condemn, acquire, take ov- er and hold the property and plant of the grantee in whole or in part; if such purchase or taking over be at the expiration of the term of the franchise, such valuation shall not include any sum for the value of the franchise or grant under which such plant and property is being op- erated. (b) That upon payment by the City of La Grande of a fair valua- tion as above stated, the plant and property so acquired shall become the property of the City without formal execution of any instrument of con- veyance, provided, however, the City may at its option compel the execu- tion to it of an instrument of transfer and conveyance. (c) That upon the acquisition of .any such plant or property the right of the holder of any such franchise pursuant to which such plant or property was operated shall cease and determine, and the acquisition by the City of any such property or plant shall operate to divest the holder of any such franchise of all right, title and interest therein. (d) No franchise shall be granted without fair compensation to the City therefor, either by way of direct payment or by reduction of rates, fares or charges; and in addition to the other forms of compensation to- be therein provided, the grantee may be required to pay annually to the City such part of its gross receipts as may be fixed in the grant of said franchise. This provision shall not exempt the holder of the franchise from any lawful taxation upon its property nor from any license, charge or im- position not levied on account of such use. (e) Every franchise and all things constructed thereunder or used in connection therewith, other than rolling stock and power, shall be sub- ject to common use by any person or corporation, including the City, op- erating a similar public utility whenever it shall be advantageous to the public, upon payment or tender of fair compensation for such use. The compensation for the franchise itself shall be payable only to the City and not to the holder of the original franchise. The Commission shall have power to determine what is a fair compensation and to regulate the man- ner of such use subject to judicial review, but no judicial proceeding shall suspend or postpone such use if the person or corporation desiring such common use shall deposit in the court such sum as the court on a prelim- inary hearing may determine. Such compensation shall not include any remuneration for the franchise or rights conferred by the City, except that the new user may be required to pay a ratable part of any tax or public charge imposed upon the original grantee by reason of such fran- chise in addition to such other payment to the City as the Commission may deem equitable. (f) The holder for the time being of any franchise to construct or operate railways in the streets or public places shall keep those portions of streets or other places occupied by such holder, in good repair, or or- der, as required by the Commission, and shall improve, pave, or repair and maintain from time to time and in the manner and within the time di- rected by the Commission, that portion of the street occupied by them ly- ing between the rails of the track and extending one foot outside of such rail, and the portion of the streets lying between the tracks. In addition, any franchise granted to any street or other railroad, for the operation thereof, may provide that the holder thereof, for the time being shall pave r MANAGERIAL SYSTEM 28 repave and keep in repair at the time and in the manner required by the Commission any street or part thereof used pursuant to such franchise for the whole or any part of the entire width of the street. Failure or neglect on the part of any holder of a franchise to do the work in the manner and within the time required by the Commission shall constitute an offense punishable by a fine of not less than ten ($10) dollars nor more than one hundred dollars ($100.00) for each and every day such refusal or neglect shall continue. Franchise; Owners of, to File Statements Section 16. Within ninety (90) days after this Charter shall take ef- fect, the holder of any franchise shall file with the Recorder a full and correct statement of the franchise, rights and privileges owned or claimed to be owned by him or it, and shall designate the same by numbers and titles of the ordinances by which such franchises were granted, and any holder of any franchise, on failure to do so, shall be guilty of an offense punishable by a fine of not less than ten dollars ($10) and not more than one hundred dollars ($100.00) per day while such refusal or neglect con- tinues. CHAPTER VIII DUTIES OF OFFICERS Municipal Court Section 1. The Municipal Judge is the judicial officer of the cor- poration and shall hold court therein at such place as the Commission shall provide, which court shall be known as the "Municipal Court." He shall be appointed by the Commission and hold his office during the pleasure of the Commission, as hereinbefore provided. Jurisdiction Section 2. He shall have jurisdiction of all offenses defined and made punishable by any ordinance of the City, and of all actions brought to recover or enforce any forfeitures or penalty declared or given by ordi- nance, which actions and offenses shall be tried in the manner and with like effect as is provided by the laws of the State of Oregon, for Courts of the Justice of the Peace, except without the intervention of a jury, but the defendant shall have the right of appeal in all cases to the Circuit Court of the State of Oregon for Union County from any judgment ren- dered by said Municipal Judge, provided said appeal shall be taken and al- lowed and the appeal perfected in the manner provided by the laws of the State of Oregon, relating to appeals from judgments in criminal ac- tions rendered in Justice of the Peace Courts. No appeal shall be allowed where the fine is less than Twenty Dollars ($20.00) or the imprisonment less than ten (10) days; and he shall likewise have within the City of La Grande the jurisdiction and authority of a Justice of the Peace and com- mitting magistrate, and shall be subject to all the laws of the State pre- scribing the duties of a Justice of the Peace and mode of performing them, except as herein provided. When acting as Justice of the Peace, the right of trial by jury shall be as in the Justice's Court, and costs and disbursements assessed as there- in; and the fees prescribed by law shall belong to the Municipal Judge, as in the case of a Justice of the Peace. Fines and Penalties Section 3. All fines imposed by said Municipal Judge and all penal- ties recovered before him for a violation of a City ordinance shall when received or collected, be forthwith paid by the City Recorder to the City Treasurer who shall give him a receipt therefor, which shall be filed in the Recorder's office. General Management Section 4. The General Manager shall have absolute control and supervision over all officers and employees of the City except the Com- missioners and Municipal Judge, and he shall have power to appoint all officers prescribed by this Charter, except the Commissioners and Muni- cipal Judge, to employ such additional help as may be necessary to carry 29 A COMMISSION CITY CHARTER on and perform the business affairs and departmental work of the City. He shall have power to discharge, with or without cause, any person ap- pointed or employed by him; he shall see that the business affairs of the municipal corporation are transacted in a modern, scientific and business- like manner and the services performed and the records kept shall be as nearly as may be like those of an efficient and successful private corpo- ration; he shall be accountable to the Commission for his actions, con- duct and management of the business and may be discharged at the will of the Commission, with or without cause; he shall perform such duties as may be required by the Charter or ordinances of the City or specially required of him by the Commission. Duties of the Recorder Section 5. The Recorder shall be the clerk of the Commission and with him must be filed all claims and accounts against the City; he shall keep accurate minutes of all proceedings of the Commission and he shall take charge of and safely keep all the papers and records of the corpo- ration, including all bonds except his own, unless otherwise provided; he shall be ex-officio clerk of the Municipal Court, and shall keep an accu- rate record of all judicial business transacted by said Court, and file and preserve all the records thereof; he shall perform such other duties as the Commission may require. Monthly Statements Section 6. The Recorder shall make out and present to the Com- mission a monthly statement of all moneys received or collected by him for the City, and of all licenses issued and all warrants drawn on the City Treasurer, and such other statements as the Commission may require. Claims Against the City Section 7. All demands and accounts against the City shall be pre- sented to the Recorder on or before the first day of each month with the necessary evidence in support thereof, who shall refer them to the Gen- eral Manager for his approval or disapproval, and thereafter he shall re- fer them to the Commission at its next regular meeting, together with any suggestions or explanation which he may deem proper and perti- nent. All such demands and accounts except salaries, labor certificates and contract bills, shall lie over from the meeting at which they were presented until the next regular meeting, when the Commission shall vote directly whether the same shall be paid in whole or in part, as they may deem just and legal; provided that no claim shall be allowed or paid or warrant drawn therefor that is not for a corporate purpose. All accounts shall be balanced at the end of each month. Warrants, How Drawn Section 8. When the Commission orders any account or demand to be paid, the Recorder shall draw a warrant on the Treasurer for the amount, which warrant, when so drawn, shall be signed by the Presi- dent of the Commission and attested by the Recorder, and when deliv- ered to the payee shall be receipted for by him. Recorder's Official Title Section 9. The Recorder's name of office, whether acting as Recor- der, clerk of the Commission, clerk of the Municipal Court, or otherwise shall be Recorder of the City of La Grande. Issue Licenses Section 10. The Recorder must issue all licenses authorized by the City ordinances upon delivery to him of the receipt of the City Treas- urer for the amount of the money for such license; provided, that in cases where the provisions of this Charter, or any City ordinances shall re- quire a special order, license shall only issue upon receipt of such spec- ial order by the Commission. Books of Account Section 11. Books of Account, showing accurately and in detail, under the supervision of the City Recorder, shall be kept showing therein re- ceipts and disbursements, and all sums appropriated, the date thereof, MANAGERIAL SYSTEM 80 the date and amount of all orders and warrants drawn upon the Treas- urer, and to whom payable, and referring to the minutes of the Commis- sion for authority for such warrants, and all such other matters and things as may be prescribed by ordinance or be proper or necessary to a correct understanding of the City's finances. Administer Oaths Section 12. The General Manager, Recorder and Municipal Judge are each authorized to administer any oath authorized or required to be taken by any law of this state or by any ordinance of this City. Treasurer, Duties of Section 13. The Treasurer shall receive and safely keep all the mon- eys that shall come into his hands belonging to the City of La Grande and shall pay the same over upon a warrant signed by the President of the Commission and the Recorder. He shall keep a correct account of his receipts and disbursements, and at all times keep his books open for the inspection of the Commission, the General Manager of the City or any other interested party, and at the expiration of his term of office, or up- on his removal therefrom, he shall turn over to his successor all moneys, books and papers in his custody belonging to his office. He shall be the custodian of the bond of the City Recorder; and shall perform such other duties as are provided for by this Charter, the ordinances or special or- ders of the Commission. Citv Attorney Section 14. The City Attorney shall be an attorney of the Supreme Court of the State of Oregon, and shall be an elector of the City of La Grande and the State of Oregon at the time of his appointment. He shall be the public prosecutor of the City; and it shall be his duty to diligently inquire into and prosecute in the Municipal Court all violations and in- fractions of the City ordinances; and he shall be the legal representative of the City in any court in which the City is a party, either in the first instance or on appeal or on a review. He shall be the legal advisor of all City officers, and it shall be his duty to prepare all proposed amend- ments to the Charter, City ordinances, contracts, bonds or other legal pa- pers on request of the proper officials, in which the City is a party or interested; and he shall perform such other duties as may be prescribed by ordinance. Police Section 15. The Chief of Police shall be the chief peace officer of the City, and shall have the control and disposition of such police officers *s many be appointed, either temporarily or permanently. It shall be the ^uty of the police to preserve the peace and quiet of the City, to dili- gently inquire into and make complaint against all persons guilty of the violation of any of the City ordinances or crimes, prevent crime, arrest of- fenders, protect the rights of persons and property, and generally obey and enforce all the ordinances of the City and criminal laws of the State and of the United States; and to perform such other duties as may be pre- scribed by ordinance or by order of the Commission; and they shall have the general authority of a peace officer of the State of Oregon. City Engineer Section 16. The City Engineer shall have the supervision of all sur- veys of streets, squares, parks and all construction work done thereon, either by contract or otherwise; and he shall, when requested by the Com- mission or General Manager, furnish profile maps, plans, specifications, and estimates of all public work and buildings in which the City may be interested, including the laying of sewers and water mains and pipes; and he shall certify to the Commission or the General Manager, when so re- quested, his findings regarding the completion of any contract for any street, park, building or other improvement in which the City may be a party; and he shall perform such other duties as may be prescribed by ordinance. 31 A COMMISSION CITY CHARTER Water Superintendent Section 17. It shall be the duty of the Water Superintendent to have the general oversight and control of the water department of the City under the direction of the General Manager and the laying of water pipes; and he shall perform such other duties as may be prescribed by ordinance. Fire Department Section 18. It shall be the duty of the Chief of the Fire Department to have the control and disposition of all firemen, either voluntary or paid, and the control and management and disposition of all men in case of fire, and all the machinery of the department; and he shall perform such duties as may be prescribed by ordinance. City Health Officer Section 19. The City Health Officer shall have control and jurisdic- tion of all questions relating to the public health, quarantines of all con- tagious and infectious diseases, all sanitary regulations, birth and death records, and shall have the sanitary supervision of all public buildings in the City, and he shall determine when any unsanitary condition be- comes a public nuisance; and he shall perform such other duties as shall be prescribed by ordinance. Street Superintendent Section 20. The Street Superintendent shall have charge of all the streets, alleys and parks of the City, and it shall be his duty to see that they are kept clean and in good condition, and he shall perform such other duties as shall be prescribed by ordinance. CHAPTER IX OF ASSESSMENT AND COLLECTION OF DELINQUENT TAXES General Fund Section 1. All moneys paid for licenses and collected as fines as well as all money collected by taxation, except taxes levied for a special pur- pose, shall form the general fund of the City; provided, that the Com- mission may create other funds for special purposes, or improvement, dis- trict funds. Warrants drawn upon the general fund shall be payable in the order of their presentment to the Treasurer; the Commission shall have the power to invest trust funds, sinking funds and improvement dis- trict funds in interest bearing securities, which securities shall be of such value and salability that the Commission may realize upon the same with- in a reasonable time, the interest received from the investment thereof shall be used to recoup the City's liability for other interest or bonded indebtedness. Manner of Assessing Taxes Section 2. All taxes except as in this Charter otherwise provided, shall be assessed, levied and entered upon the tax roll of Union County, Oregon, in accordance with the general laws of the State of Oregon, re- lating to the assessment and levying of taxes, in force at the time of assessment, and shall be collected by the same officer collecting county taxes in said Union county, and at the same time as said county taxes are collected, and shall be paid over to the City Treasurer of the City of La Grande upon demand, as provided by law. Fixing Amount of Taxation Section 3. Immediately after the County Clerk of Union County has ascertained the aggregate valuation of assessable property within the City limits of the City of La Grande, and shall furnish a certificate showing the aggregate value thereof as provided by law, it shall be the duty of the Commission at a meeting held prior to the first day of December of each year, to meet and by ordinance, annually, levy such taxes and assess- ments as the Commission may consider necessary, not exceeding the limit fixed by this Charter, and cause the same to be certified to the County Clerk of Union County; and the same shall be thereafter proceeded with as provided by the general laws of the State of Oregon relating to the MANAGERIAL SYSTEM 32 mode of making assessments, collecting and payment of taxes. Interest on Taxation by Local Assessment Section 4. All special taxes derived by taxation by local assessment shall bear interest at the legal rate from the time the same are delin- quent until paid or collected, and the Recorder must collect and pay the same to the Treasurer for credit to the proper fund of the City. Time of Payment Section 5. The Commission must provide by ordinance a time when such special assessments shall be paid to the Recorder and all assessments not paid within such time are thereafter delinquent and must be collected as such, and a penalty of five (5) per cent shall be added thereto, and such delinquent taxes and interest must be collected as such. Special Assessment Rolls Section 6. Thirty days after the expiration of the time limited for paying taxes levied by local assessments to the Recorder, said officer must return said roll to the Commission, distinguishing thereon the amount of taxes paid and those remaining unpaid. Warrants Directed to the Chief of Police Section 7. The Commission must thereafter order the Recorder to deliver the said roll to the Chief of Police and issue and annex thereto a warrant directed to the Chief of Police, commanding him to proceed forthwith to collect the delinquent taxes upon such roll, together with the penalty and interest accrued thereon, and pay the same to the Re- corder, together with the cost of collection, for deposit, and return the warrant and assessment roll with his doings endorsed thereon and the re- ceipt of the Recorder for the funds collected to the Commission. Warrant Deemed to be Execution Section 8. The warrant for the collection of such delinquent taxes and assessments shall be deemed an execution and shall have the force and effect thereof against the property of any person, firm or corpora- tion against which such taxes or assessments are levied and upon which the same are a lien, and said warrant shall be executed and returned to the Commission in like manner as an execution for the sale of real prop- erty upon a decree of foreclosure of a lien thereon. Levy Made on Real Property Section 9. The Warrant must be levied upon the real property covered by the lien for the taxes and assessments charged against the same, in- cluding the fees of officers, advertising and all expense of sale and exe- cuting the warrant. Owner Unknown Section 10. In case of delinquent taxes or assessments levied upon real property in the name of the owner unknown, the warrant, together with penalty and accrued interest thereon, shall be executed by levying upon each lot or part thereof of such property for the taxes or assess- ments levied thereon, together with the fees of officers, the expenses of advertising and sale and selling it separately. Deed of Chief of Police Section 11. When real property is sold for delinquent taxes or as- sessments, the Chief of Police shall make and deliver to the purchaser, upon the payment to him of fifty (50) cents for the benefit of the City, a certificate of sale therefor, and thereafter, if such sale be of real prop- erty and the same be not redeemed, a deed shall be executed by the Chief of Police to the purchaser thereof, or to his assigns, at the expiration of the time for redemption. The purchaser shall be entitled to the possess- ion of said property from the day of the sale. Real Property; Redemption of Section 12. Real property sold for delinquent taxes or assessments may be redeemed within three years after the sale, upon the payment of the amount of taxes, penalty, interest, accrued up to the time of the sale, A COMMISSION CITY CHARTER the expenses of the sale and interest at the rate of ten (10) per centum per annum from the day of the sale. Surplus Paid to Owner Section 13. Whenever any property sold for delinquent taxes or as- sessments shall bring more than the amount of such taxes or assessments, the penalty and interest, and the costs and charges of collection, the surplus must be paid to the Treasurer, and the person executing the warrant must take a receipt therefor, and file the same with the Commission on the return of the Warrant. At any time within six (6) years thereafter the owner of the property sold, or his legal representative, is entitled upon demand to a warrant on the Treasurer for such surplus. True Consideration Named Section 14. In all cases of sale of property for delinquent taxes or assessments, the true consideration thereof shall be expressed in the cer- tificate of sale therefor, and the return of the officer executing the war- rant must express the consideration and the name of the purchaser. Alias Warrant; Costs of Collection Section 15. The Commission may provide within what time a war- rant for collection of delinquent taxes or assessments may be returned, and may order an alias warrant to issue for the collection of any such taxes or assessments not made on a previous warrant. All costs and charges for collecting delinquent taxes or assessments must be made on the warrant and collected as a part of the taxes or assessments. The Commission may prescribe fees and compensation for collecting delinquent taxes, but the same shall in no wise be paid out of the Treasury. Property Not Sold for Less than Taxes; Advertise Certificates of Sale Section 16. All real property shall be subject to levy and sale for the collection of delinquent taxes by local assessment, whether the same is exempted from general taxation by the Consitution and the laws of the State of Oregon, or not. No property shall be sold for less than the assessments or taxes as- sessed against it, and if such amount is not bid, the Chief of Police or officer executing the warrant shall strike the same off to the City for said amount, and issue to the City a certificate of sale therefor. The Re- corder may thereafter, when authorized by the Commission, assign such certificate to anyone paying therefor the price that is required for the re- demption of said property, and the Recorder may thereafter, under the direction of the Commission, once each year, until the City obtains a deed, advertise and offer such certificates for sale, but in no case shall he sell for less than the amount required to redeem said property, until the City obtains a deed, and annually thereafter he shall advertise the land for sale, and shall sell the same to the highest bidder for cash, subject to approval by the Commission, irrespective of the amount of taxes charged against the same. The deed of the Chief of Police conveying real property sold for taxes on account of local improvements, shall be prima facia evidence of the regularity of said proceedings, and no action, suit or procedure shall be brought to set aside the same without first tendering to the pur- chaser or his assigns the amount of the taxes, penalty, interest, costs and expenses of sale. City a Road District; Road Taxes Collected Therein Section 17, For the purpose of assessments and collection of road taxes, the territory within the corporate limits of the City of La Grande is hereby constituted a road district of Union County, Oregon, and the Street Superintendent or other officer of the City who has charge of the repair of the streets and highways within said City, is hereby made Road Supervisor for said district, and all taxes for road purposes within the corporate limits of said City, when collected, shall be paid to the Treas- urer of said City, and the same shall be kept by him in a separate fund for road and street purposes within said district, shall be paid out by him upon warrants drawn on said fund by order of the Commission of said City. MANAGERIAL SYSTEM 34 CHAPTER X OF MISCELLANEOUS PROVISIONS Fiscal Year Section 1. The fiscal year of the City shall commence on the first day of January and end on the last day of December, same year, pro- vided the budget year shall begin December First and end November 30th of the following year. Licenses ; Limitations Section 2. Obtaining a license from Union County, shall not exempt one from paying a license .to the City of La Grande for like business oc- cupation. No license shall' be granted for vending, dealing in, or in any manner disposing of any spirituous, vinous, fermented or malt liquors to be drunk on the premises, within four hundred feet, measured on street lines, of any block on which a public school building is situated within the City of La Grande; nor shall there be licensed or permitted, more than ten (10) such places where such liquor is to be disposed of, until the population of the City reaches eight thousand inhabitants, and there- after there shall be no more than one such place licensed for each eight hundred inhabitants. Enacting Clause of Ordinances; Warrants Section 3. The enacting clause of every ordinance shall be: "THE CITY OF LA GRANDE does ordain as follows." And all warrants is- sued 'either by the Recorder or in the Municipal Court, shall run in the name -of the City of La (Grande, Union County, Oregon. Ordinances Effective Section 3-a. All ordinances shall be in force and effect from and af- ter thirty (30) days after their passage, unless the same shall contain an emergency clause, when the same shall be in force and effect from its passage. The Initiative and Referendum Section 4. All municipal legislation of the City of La Grande shall be subject to the Initiative and Referendum and the provisions of the Statutes of the State of Oregon upon these subjects, are hereby extended to and adopted by, this Charter as the method of carrying into effect the powers of the legal voters of the City of La Grande, affecting municipal legislation within its limits. When any such matter as adopted as afore- said shall be certified by the City Recorder, the Commission shall put the same into effect by proclamation. Of the Recall Section 5. Every elective officer of the City of La Grande is sub- ject, as herein provided, to recall by the legal voters of the City of La Grande, upon filing a petition with the Recorder, demanding the recall oi such officer, equal to not less than twenty-five (25) per cent of the total number of votes cast at the last preceding general City election. Said petition shall set forth the reasons for said demand. If the officer sought to be recalled shall tender to the Recorder his resignation, it shall be ac- cepted, and take effect on the day it is offered, and the vancancy shall be filled, as provided heretofore in this Charter. If said officer shall not resign within five (5) days after the petition for his recall is filed, the Recorder shall call a special election in said City within twenty (20) days there- after to determine whether the legal voters will recall said officer. Said officer shall continue to perform the duties of his office until the result of said election shall be officially declared, which, if a majority vote for recall, the office is at once vacant. The office may, however, be sooner determined by legal proceedings, which may vacate the same sooner than the election which shall vacate the same. Other candidate or candidates for the office may be nominated to be voted for at said special election, in the manner prescribed by this Charter. Official Undertakings Section 6. The Commission shall by ordinance fix the amount of the official undertaking of each and every officer of the City, and of every 35 A COMMISSION CITY CHARTER other person who may be required by this Charter, or by ordinance to execute and file an official bond; provided, that such undertaking shall be given in a suitable and sufficient sum and manner, and provided further, that an approved indemnity bonding company upon such undertaking may be accepted as surety thereto. Bonds of Subordinates Section 7. Every officer may require of his deputies, clerks or em- ployees, bonds of indemnity, with sufficient sureties for the faithful per- formance of their duties, the penalties in which shall be prescribed by or- dinance. Every officer shall be liable to the City on his official un- dertaking or bond for the acts and commissions of his deputies, assistants, clerks and employees appointed by him, and of any and each of them, and every official undertaking or bond shall contain such condition or pro- visions. Prohibitions of Officers and Employees Section 8. No Commissioner or other officer or employee of the City shall be or become directly or indirectly interested in, or in the perform- ance of, any contract for the supply of labor or material to the City, or in the sale of any article, the price or consideration of which, is payable from the City Treasury, or in the purchase or lease of any real estate or other property belonging to or to be taken by the City, or which shall be sold for taxes or assessments or by virtue of legal processes at the suit of the City. And in case any officer or employee of the City shall be in- terested personally as a promoter or stockholder in any nrm or corpo- ration, in any grant or privilege or franchise sought by himself or his associates or such firm or corporation from the City of La Grande, or any public utility which is sought to be acquired by the City, or which is of- fered for sale or lease by the City, such officer or employee shall be in- capacitated to take any part in the negotiations or proceedings connected with the giving or granting of such grant, privilege or franchise; but such negotiations or proceedings and acts as would otherwise be conducted by such officer or employee shall be conducted and done on behalf of the City of La Grande by such officer and employee as would have been done and con- ducted the same in the absence of such interested officer or employee. If any officer or person in this section designated shall violate the pro- visions of this section in any manner, he shall forfeit his office, and all such contracts, grants, privileges or franchises, in the hands of others, ex- cept a purchaser without notice for value, shall be void. Limit of Contracts Section 9. Any contract entered into for and on behalf of the City of La Grande, for a longer period than five (5) years, shall be null and void. Annual Budget Shall be Made Section 10. At the third regular weekly meeting in November in each year the Commission shall make and file a complete budget of actual rev- enues to be derived from all sources for the ensuing year, and from the total of that estimate, deduct the total of all fixed charges, with an esti- mate of all proposed expenditures by the Commission for such ensuing year, which shall be restricted to the balance found. Any liability incurred by the Commission to be paid in any fiscal year or any warrant or other evidence of indebtedness, except on special assessment funds, and judg- ments against the City which singly or in the aggregate shall be in ex- cess of the revenues for such year, shall be null and void unless there is money in the treasury applicable to the payment thereof. Expenditures of Money; How Made Section 11. No indebtedness for current expenses shall be contracted in excess of the estimated current revenues, nor shall money be expended or payment made from funds of the City, except funds derived from special assessments against specific property for local improvements, un- til a specific appropriation therefor shall have been made, and no ordi- nance making an appropriation of money shall contain any provision on any other subject, except as otherwise provided in this Charter; provided, however, that in case of an emergency or unforseen calamity, the Commis- MANAGERIAL SYSTEM sion may by ordinance, declaring such emergency, borrow money and evi- dence the same by the negotiable promissory note or notes or bonds of the City in a sum not exceeding five thousand dollars ($5000.00). Any Commissioner voting to incur an indebtedness in excess of the estimated current revenues, or in excess of the amount authorized by this Charter, shall, upon trial and conviction therefor, be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), and shall forfeit his office as Commissioner. Public Statements Section 12. It shall be the duty of the Recorder to publish in some newspaper of the City, statements of the financial condition of the City, once each month, verified by his certificates. Favoritism Prohibited Section 13. Any officer of the City, who shall aid or assist a bidder in securing a contract to furnish labor, material or supplies, or permit the same to be done, when in his power to prevent, at a higher price than that proposed by any other bidder, or who shall favor one bidder over another, either by giving cr withholding information or otherwise, or who shall wilfully mislead any bidder in regard to the character of the material or supplies called for, or who shall knowingly accept materials or supplies of a quality inferior to that called for by the contract, or who shall know- ingly certify to a greater amount of labor performed than has been act- ually performed, or to receipt for a greater amount or different kinds of material or supplies than has actually been received, or knowingly per- mit the same to be done when within his power to prevent the same, shall be deemed guilty of malfeasance and shall be punished by a fine of not less that fifty dollars ($50) nor more than two hundred dollars ($200.00) and bhall be removed from office. Bonded Indebtedness Section 14. The City of La Grande shall not have power to issue its bonds for any purpose or to incur any indebtedness in excess of ten (10) per cent of the taxable property within the City, the amount thereof to be ascertained from the last preceding assessment made for County and State purposes. Succession of Property Interests, Contracts, Ordinances and Indebtedness, Continued in Force Section 15. All property, real and personal, rights, privileges, and im- munities, together with all books, papers, records, deeds, patents, moneys, accounts and everything now held, possessed and enjoyed by the City of La Grande at the taking effect of this Charter shall, by the operation of this Charter, and by law, pass to and be held possessed, retained, and en- joyed by the City under this Charter, and all contracts heretofore entered into by said City of La Grande, are hereby continued in full force and effect as though granted by the City of La Grande under this Charter; and all bonded and other legal indebtedness incurred by said City of La Grande and in full force at the taking effect of this Charter, shall be ^and is continued in full force and effect under this Charter, and all resolutions and ordinances, and orders not in conflict with the provisions of this Char- ter, which were in force at the taking effect of this Charter shall remain in full force and effect by this Charter, except that where this Charter prescribes the method of performing an act, such method herein is ex- clusive and repeals any ordinance, resolutions or order prescribing any other, different or additional method. Proof of Ordinances Section 16. In all judicial or quasi-judicial proceedings in this state either in a police court, or in any state or federal court holden therein, a copy of any ordinance or resolution or records or proceedings, certified to by the Recorder shall be competent evidence of the provisions and pas- sage of such ordinance or resolution or adoption of such records. Conveyance of Real Property Section 17. All instruments conveying real property belonging to the A COMMISSION CITY CHARTER said City shall be signed by the Commissioners, attested by the Recorder and the seal of said City affixed thereto, and shall be acknowlged by said signatory officers, witnessed and recorded as required by the general laws of the State of Oregon. No conveyance not thus executed, acknowledged, witnessed and recorded shall have any validity whatever against the City. This Charter in Effect Section 18. This Charter shall go into effect from and after its adop- tion by a majority of the legal voters voting thereon cast at the general election to be held in the City of La Grande on the 2nd Monday in Decem- ber, A. D. 1915, by the legal voters of the said City of La Grande, Oregon. Passed and adopted by the Commission of the City of La Grande, in Union County, Oregon, on this day of A. D. 1915, by Commissioners voting therefor. Attest Recorder of the City of La Grande. The above Ordinance is hereby approved on this day of A. D. 1915. President of the City of La Grande. FDKNISHED BY LA GRANDE PRINTING COMPANY Home of Tailor Made Printing