UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY . LAW LIBRARY JNIVEBSITY OF CALIFORNIA LOS ANGELES STATE OF OREGON SPECIAL LAWS An Act to Incorporate the CITY OF PENDLETON ENACTED BY The Twenty-First Regular Session of the Legislative Assembly 1901 APPROVED FEBRUARY 16, 1901 s,\ LEM, OKROON |\v. ii. LEJCD8, STATE PRINTER 1901 DARVILL « Dealer \ Mister St. ■ isco. Cal. f IFS A LAW BOOK, AN GET IT. STATE OF OREGON SPECIAL LAWS An Act to Incorporate the CITY OF PENDLETON ENACTKI) BY The Twenty-First Regular Session of the Legislative Assembly 1901. APPROVED FEBRUARY 16, 1901 SALEM, OB v - W. IF. LEEDS, STATE PRINTER LOOI s Or*?? SPECIAL LAWS. AN ACT (H. B. 309.) To amend Section 2 of Article I, Sections 2. 6 and 8 of Article II, Section n of Article III, Section 2 of Article VIII, sections 4 and 5 of Article IX, the whole of Article X, and Section 5 of Article XIII, of an act to incor- porate the City of Pendleton, in Umatilla County, and to define the powers thereof, and repeal an act entitled "An act to incorporate the City of Pendle- ton, in Umatilla County, and to define the powers thereof, and repeal an act entitled 'An act to incorporate the Town of Pendleton, in Umatilla County, Oregon,' approved October 25, 1880; and an act entitled 'An act to incorporate the Town of Pendleton, in Umatilla County, and to define the powers thereof,' approved February 5, 1885, and an act entitled 'An act to incorporate the Town of Pendleton, in Umatilla County, and to define the powers thereof,' approved February 27, 1887, filed in the office of the Sec- retary of State, February 20, 1889." and all acts amendatory thereof, which was approved by the Governor of the State of Oregon on February 15, 1899. Be it enacted by the Legislative Assembly of the State of Oregon: That Section 2, of Article I, of the aforesaid act, which was approved February 15, 1899, ' )e amended so as to read as follows: >; 2. The boundary lines of the City of Pendleton shall be as follows: Beginning at the southwest corner of the Reserve Addi- tion to the City of Pendleton; thence northwesterly along the boundary line of said Reserve Addition, to the south line of sec- tion ten, township two north, range thirty-two east of the Wil- lamette Meridian; thence west to the southwest corner of said section ten; thence north on west line of said section ten to the west boundary line of said Reserve Addition; thence northwest- erly along said boundary line to the northwest corner of said Reserve Addition; thence northeasterly along the northern boun- dary line of said Reserve Addition to a point on said line seventy- six feet southwesterly from the northeast corner of block thirty- eight in said Reserve Addition; thence north twenty-four degrees, west to the north bank of the Umatilla River; thence easterly along the north bank of said Umatilla River to the west line of section ten, township two north, range thirty-two east of the W'il- lamette Meridian; thence north along the section line to the northwesl corner of the southwest quarter of the southwest quarter of section three, in township two north, range thirty two east of the Willamette Meridian: thence east along the subdivisional line one and one-quarter (ij) miles to the venter of the southwest quarter of section two in township two north, range thirty-two easl of the Willamette Meridian; thence south along the sub- divisional line to tin- center of the Umatilla River; thence easterly 4 SPECIAL LAWS. along the center of the Umatilla River to the subdivisional line- running north and south through the centers of the southwest quarter of section one (i), and the northwest quarter of section twelve, in township two north, range thirty-two east of the Wil- lamette Meridian; thence south to the center of the northwest quarter of section twelve, township two north, range thirty-two east of the Willamette Meridian; thence west on the subdivisional line to the south boundary line of the Reserve Addition; thence southwesterly along the south boundary line of said Reserve Addi- tion to the place of beginning. That Section 2, of Article II, of the said act, which was ap- proved February 15, 1899, be amended so as to read as follows: § 2. The City of Pendleton is hereby divided into four wards, designated and bounded as follows: Ward No. 1 shall consist of all that portion of the city east of the center line of Vincent street, and that portion of the city on the north side of the Uma- tilla River, lying east of the line marked by the center line of Vincent' Street, if the same were continued to the north limits of the city. Ward No. 2 shall consist of all that portion of the city north of the center line of Court Street, and of a direct extension thereof to the western boundary line of the city, and west of Vin- cent Street, and west of the first ward, on the north side of the Umatilla River. Ward No. 3 shall consist of all that part of the city south of Court Street, west of Vincent street, and east of Willow Street. Ward No. 4 shall consist of all that part of the city south of Ward No. 2 and west of Willow Street. But the common council may by ordinance change the boundary limits of any ward at any time. That Section 6, of Article II, of the said act, which was ap- proved February 15, 1899, be amended so as to read as follows: § 6. The general election of officers, as in this act provided, shall be held on the first Monday in December, 1899, and the general election shall be held on the first Monday in December biennially thereafter. Except as in this act specially provided, at the general biennial election, there shall be elected mayor, treas- urer and four councilmen, and as many more councilmen as may be necessary to fill for the remainder of any unexpired term any vacancies caused by death, resignation, removal or discharge of councilmen; and the office of councilman shall always be filled so that one councilman shall be elected in each ward for a full term of four years at each regular biennial election, as in this act pro- vided. The common council shall, with the consent of the mayor, appoint a recorder and a marshal, who shall hold their respective SPECIAL LAWS. O offices during the pleasure of the council, and be subject to removal from office at any time by its resolution. That Section 8. of Article II, of the said act, which was ap- proved February 15. 1899, be amended so as to read as follows: § 8. Xo person is qualified to vote at any election under this act who is not entitled to the privileges of an elector accord- ing to the laws of this state, who has not resided in the city for ninety days preceding such election, and who has not paid a street poll tax within the year in which such election is held. Provided, that all persons who are by this act, or by the laws of the State of Oregon, exempt from the payment of street poll tax, if otherwise qualified, may vote at such elections. No person shall vote at any special election for the purpose of determining any assessment or tax unless, in addition to the above requirements, he shall be at the time of voting the owner of property within the city of at least the value of $100, subject to taxation, and upon which he actually pays a tax, and which property was assessed on the last assessment roll in the name of such voter; nor at any special election for the purpose of determining any assessment or tax affecting real estate solely unless, in addition to the above requirements, he shall, at the time of voting, be the owner of real estate within the limits of the city which will be affected by such assessment or tax, and upon which he actually pays a tax, and which property was assessed on the last assessment roll in the name of such voter. Provided, further, that women, having the same general and property qualifications as qualified voters of the City of Pendleton, under the provisions of this act, may have the right to vote at any special election for the purpose of determin- ing any assessment or tax affecting real estate only. No person shall be entitled to vote at any general election in the City of Pendleton who has not within said city registered his intention to vote at such election not less than sixty days nor more than ninety days prior to said election; and it shall be the duty of the common council of the City of Pendleton to provide, and have kept in charge of the recorder, or such other person or persons, to be known as registry clerks .is the city ordinance may deter mine, suitable books for the registry of electors required by this act, showing the name, age. occupation and residence within the city of each elector registering for the purpose of voting; and no person -hall be permitted to register for the purpose of voting unless lie -hall first exhibfi to the officer having charge of the registry books satisfactory proof, by receipl 01- otherwise, of the payment of his street poll tax for the year in which the next 6 SPECIAL LAWS. election is to be held; and no person shall be entitled or allowed to vote except in the ward in which his residence is fixed. That Section n, of Article III, of the said act, which was ap- proved on February 15, 1899, De amended so as to read as follows: §11. It shall be the duty of the street commissioner to superintend all improvements of streets, side and crosswalks, and alleys, and to see that all streets, side and crosswalks of the city are kept clean and free from obstructions; he shall superintend all public squares and other public works of the city, except in cases where the common council may otherwise prescribe, and he shall do and perform all such other duties as may be required of him by this act, the ordinances and regulations of the city, and the laws of this state. That Section 2, of Article VIII, of the said act, which was approved February 15, 1899, be amended so as to read as follows: § 2. The common council has power and authority: 1. To employ, hire and discharge, from time to time, all such agents, workirigmen, laborers and servants as it may deem neces- sary in the conduct and management of said sewerage system. 2. To make all needful rules and regulations for the conduct and management of the same by the city and inhabitants thereof. 3. To establish rules for the use of said sewerage system, and of all sewers owned or controlled by the city or inhabitants thereof, and to prescribe the punishment for violating the same. 4. To compel owners of iots abutting on streets or alleys through which any sewer runs to make connections with the same. 5. To do any act or make any other regulations necessary and convenient for the conduct of its business and the due execution of the power and authority given by this act, and not contrary to law. That Section 4 of Article IX of said act, which was approved February 15, 1899, ^ e amended so as to read as follows: § 4. There shall be entered in the said lien docket, in the manner hereinbefore provided, all judgments rendered by the cir- cuit cout of the State of Oregon for Umatilla County, or by the Supreme Court of the said state, in matters of street assessments which may be brought before said courts, as soon thereafter as judgment shall be rendered: and all liens of the city for street or sidewalk improvements shall be entered in said docket by order or resolution of the council as soon thereafter as the improvements for which the said city shall be entitled to a lien shall be com- menced. That Section 5 of Article IX of the said act, which was ap- SPECIAL LAWS. 7 proved February 15, 1S99, be amended so as to read as follows: § 5. The City of Pendleton may proceed to foreclose any lien to which it shall be entitled under this act at any time after thirty days after the same shall have been entered in the lien docket, as follows: It shall be the duty of the city attorney, at the direction of the council, to file with the recorder a complaint setting- forth a description of the lien and the property in which or upon which the lien exists, and the fact that it has not been paid or satisfied, and the name of the owner or owners of the property against which said lien is docketed and their successors in interest, and persons having subsequent liens thereon, if any, which complaint shall be verified in the manner in which a com- plaint in civil action is verified. It shall be the duty of the recorder thereupon to issue a citation to the owners of said property against which said lien is docketed, and their successors in interest, and said lien holders, if any, to appear before said recorder within ten days after the service of the citation, and show cause, if any, why said property should not be sold jto satisfy said lien; and a copy of such complaint or statement shall be served upon the person or persons cited, ten days before the time set for hearing, and may be served either in the same manner as a summons in a civil action is served, or be deposited in the postoffice, addressed to the ad- dress of the person or persons tn whom the same is directed, with the postage fully prepaid; and upon the hearing the recorder shall, unless good cause is-shown to the contrary, issue a warrant to the city marshal for the sale of the property mentioned in such com- plaint and citation, for the satisfaction of said lien against the same and all costs; and thereupon it shall be the duty of the city marshal, on the said warrant, to advertise and sell said property in the manner provided by the laws of the State of Oregon for the sale of real estate on execution, to satisfy such lien and all costs, and to return such warrant, with his doings and all moneys col- lected thereupon, to the recorder of the City of Pendleton, whose duty it shall be to pay the same over to the city treasurer, and take his voucher therefor. That Article X of said act, which was approved February 15. 1899. be amended so as to read as follows: ARTICLE X. WATER WORKS AND LEVEE ^ i. The indebtedness of the city hereafter to be incurred shall never exceed the sum of $io,ooo, except as otherwise pro 8 SPECIAL LAWS. vided in this charter; and the common council shall provide for a sinking fund to meet the payment of existing - indebtedness of the city, and interest of levee and water bonds heretofore issued or hereafter to be issued. § 2. For the purpose of maintaining and extending the levee, the common council may condemn to the use of the city, in sucfr manner as may be prescribed by ordinance, so much land, stone, timber or other material within and beyond the limits of the city as may be necessary for the keeping of the same in repair or ex- tending the same; it shall define the location and termini thereof; may employ such person or persons as it may deem fit to make sur- veys or estimates thereof; may enter upon private property for the purpose of making preliminary surveys and observations; may employ such superintendent of the work and all matters con- nected therewith as it may see fit, or let the same by contract in such manner as may be prescribed by ordinance. § 3. For the purpose of maintaining the existing water works and supplying the city and its cemeteries with water, the water commission hereinafter provided for shall have power to erect and maintain works within and without the city limits, and may enter upon and condemn to the use of the city so much land within and beyond the limits of the city for the erection, maintenance and protection of such works as shall be necessary therefor, or is adja- cent to or drained by supply wells or subways, and all land and water needed for reservoirs, springs, streams, trenches, pipes and drains as may be necessary or desirable to be used in connection therewith; and, for the purpose of protecting the water from pollu- tion, the city shall have jurisdiction over the lands adjacent to or drained by any w r ells or subways used for supplying water, and any stream which may be the source of supply above the point from which the water is taken. The water commission may em- ploy such person or persons as it may deem fit to make surveys and estimates of such works; may enter upon private property for the purpose of making preliminary surveys and observations; may employ such superintendent of the construction of such works and all matters connected therewith as it may see fit, or may let the same by contract; may control and regulate the works and the use of the water when such works have been established, and fix the rates for the use of said water, and provide for the collection thereof. ^ 4. By the first day of April, 1901, or as soon thereafter as practicable, there shall be selected by the common council five (5) persons for the purpose of maintaining and conducting the water SPECIAL LAWS. y works of the City of Pendleton, who shall be styled individually "water commissioners" and collectively "the water commission" and are hereinafter referred to as "commissioners" and "the com- mission," respectively. And hereafter the power and authority heretofore given to the city to keep and conduct, extend and main- tain the water works shall be conferred on said commission by the provisions of this act. Members of the water commission shall not be entitled to receive any compensation for their services as such. They shall be residents of the city at least five years prior to their appointment or election, and shall be real estate owners in said city and own property of at least $2,500 assessed valuation in said city. § 5. The commissioners shall be selected by the common council in the first instance, for the several terms of two, four, six, eight and ten years, counting from January 1, 1902, and thereafter the commissioners shall be elected by the qualified voters of the City of Pendleton, one commissioner for the full term of ten years next thereafter. Should a vacancy arise from any cause, it shall be filled by the common council by appointment to hold until the first of January following the next general election. At the next general election the legal voters of the city shall elect a commis- sioner to fill out the remainder of the term. J; 6. Three commissioners shall constitute a quorum for the transaction of business. The commissioners shall first meet at a time and place appointed by the council, and organize by the selee- tion of a chairman and clerk, and thereafter the commission shall meet in the city for the transaction of business regfularry once a month, at such time and place as it may provide, and otherwise, as often as it may be deemed necessary and convenient. § 7. When the commission is selected and organized as above provided, the council shall turn over the water works to it and all the property pertaining thereto, including the water rents from January 1, 1901. less the operating expenses, together with all the books, papers and accounts relating to the construction and maintenance thereof: and the commission shall thereupon take possession and charge of, manage, conduct and maintain the same, and in so doing it may alter, improve and extend such works from time to time, and ma\ purchase, erect or condemn other water works and property as the growth of the city and the wants and convenience of the inhabitants tin reof, in the commissii oners' judg- ment, require, § 8. All moneys collected or received by the commission For the use and consumption of water, or otherwise, shall be deposited 10 SPECIAL LAWS. with the treasurer of the city, who shall give such bonds as the commission may require, in addition to the bonds already required by the common council, who shall keep the same separate and apart from the other funds of the city, and pay it out on the order of the chairman of the commission, countersigned by the clerk thereof, and to the holder of any overdue interest coupon of the water bonds upon the presentation and surrender thereof, and not otherwise. § 9. The commission has power and authority: (1) to em- ploy, hire and discharge from time to time all such agents, work- men, laborers and servants as it may deem necessary and con- venient in the conduct and management of said water works; (2) to make all necessary rules and regulations for the conduct and management of the same; (3) to establish rates for the use and consumption of the water by the inhabitants, as well as people living in the vicinity but without the city, and also for cemetery purposes; (4) to provide for the payment of water rates monthly, and to shut off the water from any house, tenement or place for which the water rate is not duly paid, or when any rule or regula- tion is disregarded or disobeyed; (5) to provide for and require that any or all water consumers shall put in and furnish such water meters as the commission may designate, and the expense thereof shall be borne by said consumers; (6) to charge the city for fire hydrants, flushing sewers and other water used for cemetery and other municipal purposes, and the said city through its council is authorized and required to pay said commission the aforesaid charges for all water so used; (7) to do any other act or make any other regulations necessary and convenient for the conduct of its business and the execution of its power and authority given it ly> this act, and not contrary to law. § 10. All water rents shall be a charge upon and a lien against the real estate and the property on which the water is used, whether used by the owner, tenant or other persons, and such liens shall be docketed and foreclosed as provided for in other city liens. § 11. The commission shall have the power and authority to issue water script to an amount not exceeding fifty per cent, of the cost of any new work, either in extension or betterments of the water system. Provided, that the balance of the cost thereof is already on hand and applicable thereto; such scrip shall bear six per cent, interest per annum until redeemed; it is further pro- vided that said water scrip outstanding shall not exceed $5,000. § 12. The commission shall each year set aside not less than five per cent, of the gross receipts of the water rents as SPECIAL LAWS. 11 a sinking fund; such sinking fund shall be handled and invested by said commission and held separately, to be used in retiring the water bonds heretofore issued, at the maturity thereof, and shall have authority to purchase, at not to exceed par, with said sinking- fund any of such bonds as can at any time be so purchased. ^ 13. The commission shall annually, before the first day of January, make a written estimate of the probable expense of main- taining and conducting the water works during the ensuing year, and also the cost of any contemplated alterations, improvements or extension thereof, and thereupon ascertain and prescribe, as nearly as it conveniently can, the water rate for such year which would insure a sufficient income from the sale of water to pay such expenses and costs, together with the sinking fund above provided for and one year's interest on the bonds heretofore issued and outstanding. § 14. The commission shall cause an annual statement in detail of its receipts and disbursements to be made and signed by its chairman and clerk and filed with the city recorder, who shall preserve the same among the files of his office, and he shal^ cause the same to be published in a daily paper of the city; and the com- mission shall cause to be made, filed and published each year an inventory or statement of the property, implements and material in its possession or under its control pertaining to the water works, together with the condition and approximate value thereof. That Section 5 of Article XIII of the said act, which was ap- proved February 15, 1899, be amended so as to read as follows: § 5. No member of the common council shall during his term of office be interested in any contract the expenses of which are to be paid out of the city treasury, and all jobs or contracts for constructing, repairing, improving or ornamenting any place or object in the city or out of it the expenses of which are to be paid out of the city treasury, and the probable cost of which will exceed $100, shall be let out to the lowest responsible bidder, and done according to specifications furnished from the proper office or department of the city government, and which shall have been approved by the common council and made public at least ten days before the closing of the bids for such job or contract. Pro- vided, the common council shall have the right to reject any and all bids. Inasmuch as it is necessary that these amendments to the said act, which was approved February 15, 1899, should lake effect -peedily, this act shall take effect on and after its approval by the < mvernor. \pproved February 16, 1901. APR 9 - 193, ■inn Lj ay lord PAMPHIET BINDER Syracuse, N. Y Stock-ton, Cal UC SOUTHERN REGIONAL LIBRARY FACILITY 000 218 718 5