8C61 'IZ -NVP 'IVd A 'N 'asnoBJAg 3. 9 ■■ 1915 THE CHARTER OF THE CITY OF PORTLAND, OREGON IN EFFECT JULY 1, 1913 AS REVISED BY THE COUNCIL AUGUST 19, 1914 Digitized by the Internet Archive in 2008 with funding from IVIicrosoft Corporation http://www.archive.org/details/charterofcityofpOOportrich THE CHARTER OF THE CITY OF PORTLAND, OREGON IN EFFECT JULY 1, 1913 AS REVISED BY THE COUNCIL AUGUST 19, 1914 FROM PRESS OF J. R. ROGERS, PORTLAND, ORE. 1914 TABLE OF CONTENTS CHAPTER I. CORPORATE EXISTENCE AND POWERS 5 CHAPTER II. BOUNDARIES AND ANNEXATION OF TERRITORY .... 8 CHAPTER III. GOVERNMENT 12 Article 1 — The Council 12 Article 2 — Meetings and Ordinances.. 23 Article 3 — Eixecutive and Administrative Powers. ... 25 Article 4 — The Mayor 27 Article 5 — The Auditor 28 Article 6 — Officers and Employes 32 CHAPTER IV. CIVIL SERVICE 37 CHAPTER V. ELECTIONS , 47 CHAPTER VI. OFFICIAL ADVERTISING AND CONTRACTS 55 CHAPTER VII. PUBLIC UTILITIES AND FRANCHISES 57 Article! — Public Utilities — ^General Provisions 57 Article 2 — Public Docks 61 Article 3 — Public Incinerating Plant 67 Article 4 — Franchises 68 CHAPTER VIII. FINANCE 77 CHAPTER IX. FIREMEN^S RELIEF AND PENSION FUND 81 CHAPTER X. BOND ISSUES 89 Article 1 — <3;^^eiral PrQvisioE.& 89 Article 2— Refunding Bonds 90 Article S^— Pjirk and Boulevard Bonds 91 Article 4 — Hawthorne Avenue Bridge Bonds 92 Article 5 — Broadway Bridge Bonds 96 Article 6 — Fire Boat and Fire Main Bonds 98 Article 7 — Crematory Bonds 99 Article 8 — Public Auditorium Bonds 100 Article 9 — Municipal Jail Bonds 104 Article 10 — ^Municipal Garbage Collection Bonds 105 CHAPTER XI. STREETS AND THEIR IMPROVEMENT. .,. ., 107 CHAPTER XII. MISCELLANEOUS 118 THE CHARTER OF THE CITY OF PORTLAND, OREGON In effect July 1^ 1913, as revised by the Council August 19, 1914. AN ACT To amend an Act of the Legislative Assembly of the State of Oregon entitled, "An Act to incorporate the City of Portland, Multno- mah County, State of Oregon, and to provide a charter therefor, and to repeal all acts or parts of acts in conflict therewith,^' filed in the office of the Secretary of State, January 23, 1903, amended by the Legislative Assembly of the State of Oregon in 1905 and subsequently amended by the people of the City of Portland, providing for a commission form of government. Be It Enacted by the People of the City of Portland^ and THE City of Portland Does Ordain as Follows : That an Act of the Legislative Assembly of the State of Oregon entitled, "An Act to incorporate the City of Portland, Multnomah County, State of Oregon, and to provide a charter therefor, and to repeal all acts or parts of acts in conflict therewith," filed in the office of the Secretary of State January 23, 1903, amended by the Legislative Assembly of the State of Oregon in 1905, and subse- quently amended by the people of the City of Portland, be and the same is hereby amended as hereinafter set forth, providing for a commission form of government. CHAPTER I. CORPORATE EXISTENCE AND POWERS. Section 1 — ^Definitions: The act above named, with all amendments thereto prior to this date, are hereinafter referred to as "the Charter of 1903,'^ and said acts as amended by this measure are hereinafter referred to as "the Charter'' or "this Charter." [Ch. 1903, §1; Am. May 3, 1913, part of §1.] Sec. 2 — Continuation of Corporate Powers and Grant of Powers : The municipal corporation now existing and known as The City of Portland shall remain and continue a body politic and corporate by the name of The City of Portland and by that name shall have perpetual succession and may sue and be sued, plead 298624 PORTLAND CITY CHARTER and be impleaded in all courts of justice and in all actions, suits or proceedings whatever; may have and use a common seal, and may alter the same at pleasure; may purchase, or acquire by the exercise of the right of eminent domain, receive and hold property, both real and personal, within or without said city for municipal purposes, and shall have the right of possession and control of all public parks and levees, buildings and property and of all tracts of land belonging to said city and other property which has been or may be hereafter dedicated or in any manner whatsoever ob- tained for public purposes of said city, and may lease, sell or dis- pose of the same for the benefit of the city; may receive bequests, gifts and donations of all kinds of property in fee simple, in trust or otherwise, for charitable or other purposes, and may do all acts necessary to carry out the purposes of said gifts, bequests and donations, with power to manage, sell, lease or otherwise dispose of the same in accordance with the terms of the gift, bequest or trust, or absolutely, in case such gift, bequest or trust be uncondi- tional. [Ch. 1903, §2.] Sec. 3 — Grant of General Povs^ers : The City of Portland shall be invested within its limits with authority to perform all public and private services, including those of an educational or recreative character as well as others, and with all governmental powers except such as are expressly con- ferred by law upon other public corporations within such limits and subject to the limitations prescribed by the constitution and laws of the State, and to acquire by purchase or otherwise property without its limits. [Ch. 1903, §3; Am. May 3, 1913, §2.] Sec. 4 — Continuation of Phoperty Rights : The City of Portland shall continue, under this Charter to have, hold and enjoy all property, rights of property and rights of action of every nature and description of the municipality now existing and known as The City of Portland, and is hereby declared to be the successor of the same. [Ch. 1903, §4.] Sec. 5 — Legal Proceedings : Suits, actions and proceedings may be brought in the name of The City of Portland for the recovery of any property, money or thing belonging thereto, in law or in equity, or dedicated to public use therein, or for the enforcement of any rights of or contracts with said city, whether made or arising or accruing before or after the adoption of this Charter. All existing suits, actions and pro- ceedings in the courts or elsewhere, to which said city is a party, shall continue to be carried on by or against the said city. [Ch. 1903, §5.] CORPOEATE EXISTENCE AND POWERS 7 Sec. 6 — Conthstuation of Contract Liability: All contracts of every description heretofore duly and legally made and entered into by the said City of Portland shall remain valid and be binding upon this municipality to the extent only that they are now valid and binding upon said City of Portland. [Ch. 1903, §7.] Sec. 7 — Public Places Inalienable: The title^, rights and interest of the City of Portland in and to all water front, wharf property, land under water and made land built upon same, or any lands on the water side of the high water or meander lines of navigable waters as established by the original U. S. surveys and conformed to by the original plats of the City of Portland, and all landings, wharves, docks, highways, bridges, avenues, streets, alleys, lanes, parks and all other public places, and like property that it may now own or hereafter may acquire are hereby declared to be inalienable. The rights of the City therein shall not be divested or vacated for a distance of two thousand feet from any meander line of any navigable water, or one thousand feet from any railroad depot or terminal yard; pro- vided, that at a greater distance than specified above from any such meander lines and railroad terminal streets may be vacated on proceedings prescribed elsewhere in this Charter, except that the ordinance of vacation shall require for its passage a vote of at least four-fifths of all the members of the Council and the approval of the Mayor. But whenever the City shall own all the property abutting upon both sides of any part of a street, and such part of the street shall be necessary for the use of such property of the city for a public purpose the street may be vacated in the manner else- where provided in the Charter or the laws of the State of Oregon in force at the time for the vacation of streets; provided, however, that the right herein granted shall only be exercised when such vacation shall not interfere with any improvement proposed by the Dock Commission or with access to the water front or any trans- portation terminal. But replatting of streets in such manner that new ground is dedicated or required without additional cost to the City of equal area with that vacated, and affording equal way and access to the same terminus, shall not be deemed within the pro* hibition of this act. [Oh. 1903, §93; Am. June 5, 1911, §93; Am. Nov. 2, 1912, §93; Am. May 3, 1913, §66.] Sec. 8 — Sales of Buildings — Leases : The City may sell any buildings owned by it which may not be needed for public use. Such sale shall be made by the Council in its discretion when thereto authorized by ordinance passed by a vote of at least four-fifths of all the members of the Council and approved by the Mayor, the sales to be made only at public auction. POETLAND CITY CHARTER The Council may rent any of the City's property not needed for public purposes^ for a term not exceeding five years. A street shall be held to fulfill its function as a street by being used in any way for the purpose of travel, transportation or dis- tribution by or for the public; and where a street abuts against a water way or connects with a railroad terminal it may be occupied by any structure or machinery facilitating or necessary to travel, transportation, or distribution, and which does not interfere with full access of the public to the uses provided ; and this clause shall include and apply to all structures necessary in the improvement of the public docks. [Ch. 1903. §93; Am. June 5, 1911, §93; Am. Nov. 8, 1910, §93; Am. May 3, 1913, §66.] CHAPTER II. BOUNDARIES AND ANNEXATION OF TERRITORY. Sec. 9 — City Boundaries : The boundaries of the City of Portland shall be as follows: Commencing at the southeast corner of the 'City of Sellwood as it existed in the year 1890, and running thence north along the east line of said City of Sellwood to the south line of section 23, town- ship 1 south," range 1 east, Mllamette Mieridian; thence east along the south line of sections 23 and 24, in said township and range, and along the south line of section 19, in township 1 south, range 2 east, to a point 30 feet east of the east line of the Jacob Wills Donation Land Claim, if produced south ; thence north 30 feet east of and parallel to the east line of said Jacob Wills Donation Land Claim, and a southerly extension thereof, to the south line of section 18, township 1 south, range 2 east; thence east to the northeast corner of section 20, township 1 south, range 2 east; thence south one-half mile to the quarter section corner between sections 20 and 21, township 1 south, range 2 east, Willamette Meridian; thence east along the center line of section 21 to the quarter sectjon corner between sections 21 and 22, town- ship 1 south, range 2 east, Willamette Meridian; thence north along the section line between sections 9 and 10, 15 and 16, 21 and 22, township 1 south, range 2 east, Willamette Meridian, to a point 633 feet north of the north line of section 16, township 1 south, range 2 east, Willamette Meridian; thence west parallel to said north line of section 16 to the section line between sections 8 and 9, township 1 south, range 2 east, Willamette Meridian; thence north along the east line of sections 8 and 5, township and range aforesaid, to the south line of the B. F. Starr Donation Land Claim; thence east along said south line of said Starr Donation Land Claim to the center line of section 4, in township V south, range 2 east, Willamette Meridian; thence north along the BOUNDARIES AND ANNEXATION OF TERRITORY 9 center line of said section 4c, in township 1 south, range 2 east, and sections 33 and 28, in township 1 north, range 2 east, Willamette Meridian, to the northeast corner of the north- west quarter of said section 28; thence west along the north line of said section 28 to the northwest corner of section 28; thence north to the one-quarter corner between sections 20 and 21, town- ship 1 north, range- 2 east, Willamette Meridian; thence west one mile to the quarter-section corner between sections 19 and 20, of township 1 north, range 2 east, Wiillamette Meridian; thence south one-half mile to the southwest corner of section 20, town- ship and range aforesaid; thence west one mile along the south line of section 19 to the southwest corner of said section 19, town- ship 1 north, range 2 east, Willamette Meridian; thence north along the east line of sections 24 and 13 in township 1 north, range 1 east, Willamette Meridian, to a point 150 feet north of the north line of the county road known as the Columbia Slough Road; thence westerly parallel to and 150 feet northerly from said north line of said county road to a point which is inter- sected by a northeasterly extension in a straight course of the west- erly side line of Ida Street, as located on the map of Northern Hill Acres, said westerly side line of Ida Street being the easterly side line of a tract of land known as the Brazee Tract; thence south- westerly along said extension and said side line to its intersection with the southerly side line of Willamette Boulevard ; thence south- easterly along the last named line to the west line of McKenna Avenue; thence southwesterly along the west line of McKenna Avenue south of Willamette Boulevard, as laid out in Portsmouth, and an extension thereof, to the center of the main channel of the Willamette River ; thence southerly following the center of the main channel of said river and the center of the channel thereof west of Swan Island, to the west line of section 20, township 1 north, range 1 east ; thence south along the east line of sections 19, 30 and 31, to the southeast corner of said section 31, township 1 north, range 1 east; thence east one-half mile to quarter section cor- ner on north line of section 5, township 1 south, range 1 east, Willamette meridian ; thence south two miles to the quarter section corner between sections 8 and 17, township 1 south, range 1 east, Willamette Meridian; thence east 1 mile to quarter section corner between sections 9 and 16, township and range aforesaid; thence south two miles to quarter section corner in south line of section 21, township 1 south, range 1 east, Willamette Meridian; thence east to the center of the main channel of the Willamette River; thence southerly following the center of the main channel of said river to a point in a westerly prolongation of the south line of said city of Sellwood; thence easterly along the south line of said City of Sellwood and the prolongation thereof to the place of beginning. [Am. June 5, 1905; June 3, 1907; Nov. 3, 1908; Nov. 8, 1910; Nov. 5, 1912.] 10 POETLAND CITY CHARTEE ■Ssc. 10 — Power to Annex Territory: The City of Portland may annex additional territory contig- uous to and adjoining the limits of said city in the following man- ner, and such territory and the inhabitants thereof when so an- nexed shall become a part of said city and subject to the jurisdiction thereof. [Ch. 1903, §13.] Sec. 11 — Petition for Annexation : Whenever a petition shall be filed in the office of the Auditor of said city describing any such territory and defining the bound- aries thereof, signed by the qualified voters of such territory in number equal to fifteen (15) per cent, of the qualified voters of such territory voting at the last preceding general election, expres- sing the desire of said petitioners for the annexation of such terri- tory, the council of said city shall consider and determine whether the annexation of such territory, or any part thereof, shall be sub- mitted to the qualified voters thereof. [Ch. 1903, §14.] Sec. 12 — Annexation Election : The Council may by a four-fifths vote thereof pass an ordi- nance providing for the submission of the question of the annexa- tion of such territory, or any part thereof, either alone or together with any other territory designated in said ordinance, to the qual- ified voters residing in the territory so designated at the next gen- eral election held therein; provided, such ordinance shall be passed at least thirty days before said general election. Whenever the territory so to be annexed shall include a part but not the whole of any voting precinct, the County Clerk of Multnomah County shall furnish a sufficient number of ballots to supply the voters of such precinct who reside within the territory so to be annexed, upon which shall be printed the question of the annexation of such territory, and shall supply for the voters of such precinct who do not reside within said territory ballots upon which such questions shall not appear. It shall be the duty of the Auditor to furnish previous to the time of the election to the judges of election of each of such pre- cincts a plat and description of the territory so to be annexed show- ing the part thereof within the limits of such precinct. Said judges shall ascertain the residence of each voter applying for a ballot at such election and shall furnish the ballot having printed thereon the question of the annexation of such territory to voters residing within such territory and to none others. [Ch. 1903, §15; Am. May 3, 1913, §4.] Sec. 13 — .Effect on Property Eights; on LiIabilities : In case of a majority of the qualified voters residing in such territory and voting on said question vote in favor of such annexa- BOUNDARIES AND ANNEXATION OF TERRITORY 11 tion, such territory shall on the first day of July next following said election be and become a part of the City of Portland. All rights and property, both real and personal, then vested in or belonging to any therein existing local municipal corporation or corporations, excepting school districts, or in or to the public of said territory, including all parks, public grounds, buildings and improvements, and all rights or property in public streets or high- ways (including within the meaning of the word streets any way mentioned in any definition or explanation of said word contained in this Charter) and also including all other rights and property vested in or belonging to said corporation or in or to the public of said territory, of every nature whatever whether of the same or similar general nature as those above, expressly mentioned or differing therefrom in kind, nature, degree or otherwise, shall there- upon become and be rights and property of the City of Portland, but all county roads lying within the limits of such annexed territory which have not been laid out or accepted as streets, such as above referred to, by such local municipal corporation or corporations shall remain and be county roads until they are laid out or accepted as such streets by said city, and be under the jurisdiction of the County Court of Multnomah County, Oregon, and shall be worked, main- tained, and improved as county roads outside the limits of said city are worked, maintained and improved. And all debts, liabilities and obligations of such local municipal corporation or corporations shall thereupon become and be liabilities of the City of Portland, and the City of Portland shall thereupon assume, become liable for, pay, satisfy or discharge all the debts, liabilities and obligations of such local municipal corporation or corporations, and the inhabi- tants of such annexed territory shall become subject in all respects to the jurisdiction of the authorities of said city, and the jurisdic- tion of any public authority exercised theretofore in such annexed territory shall, so far as it is in conflict with the corporate authority of said city thereupon cease and determine. [Ch. 1903, §16.] Sec. 14 — Amendment of Boundaries: The Council shall thereupon, by resolution so alter and amend section 9 of this Charter, and the boundaries of said city as therein prescribed and set out as to include such annexed territory within the boundaries of said city and said section 9 as so amended shall be a part of this Charter and be in full force and effect. [Ch. 1903, §17.] Sec. 15 — Liability of Annexed Territory for Improvements : Such annexed territory or any portion thereof shall be liable to such part as the Council may apportion upon it, of the costs of any public improvement made by the Council which shall benefit the same. [Am. May 3, 1913, §5.] 13 PORTLAND CITY CHARTER CHAPTER III. GOVERNMENT. Article 1 — The Council. Sec. 16 — Council HiAs Power of Former Boards AND Commissions : All powers conferred and duties devolved by the sections of the Charter of 1903, not repealed by this Charter, upon the Execu- tive Board, the Water Board and other Boards and Commissions abolished by this Charter shall, from and after the adoption of this Charter be exercised and performed by the Council. [Am. May 3, 1913, part of §1.] Sec. 17 — Abolition of Certain Boards and Commissions : No Boards now existing under the Charter of 1903, as amended, except The Department of Public Docks and the Civil Service Com- mission which shall be called the Civil Service Board and neither of which Commissions shall be abolished, shall continue to exist more than six months after this Charter takes effect, and until such time such other boards and commissions shall be subject to full regula- tion or abolition by the Council ; provided, that the Executive Board shall cease to exist on July 1, 1913. The Council may, in the exercise of its general legislative powers, create and establish such boards and commissions as it may deem necessary and may abolish the same or alter their personnel from time to time. [Am. May 3, 1913, part of §93; Am. June 2, 1913, part of §93.] Sec. 18 — Grant of General Powers : The Council shall have and exercise all powers and authority conferred upon the City of Portland by this Charter or by general law, except where such power is herein expressly bestowed upon some other officer to the exclusion of the Council. [Am. May 3, 1913, part of §56.] Sec. 19 — Initiative — Referendum and Recall: The initiative, referendum and recall shall be exercised within the City of Portland in the manner provided by the constitution and general laws of the state, and ordinances of the City of Port- land, enacted in pursuance thereof. [Am. May 3, 1913, part of §56.] Sec. 20 — Municipal Powers Vested in Council: The power and authority given to the Municipal Corporation of the City of Portland is hereby vested in a Council consisting of a Mayor and four Commissioners, subject to the initiative and refer- endum and other powers reserved to the people by the Constitu- tion of the State of Oregon, as defined and prescribed by the pro- visions of the Constitution and general laws relating thereto, and by the provisions of this Charter and ordinances enacted in pur- suance thereof. [Am. May 3, 1913, §6.] GOVEEJ\^MENT 13 y Sec. 21 — Elective Officers : There shall be no elective officers of the City of Portland other than the Mayor^ four Commissioners and the Auditor. All said officers shall be elected at large by the legal voters of the City of Portland and for a term of four years, except as provided in Sec- tions 30 and 133 of this Charter. [Am. May 3, 1913, §§ 7-8.] Sec. 22 — Qualifications : The Mayor and every Commissioner shall be a citizen of the United States and of the State of Oregon, and shall have been a resident of the City of Portland for a period of not less than three years immediately preceding the beginning of his term. If any Mayor or Commissioner shall be chosen without such qualifications or shall cease to have the same, the office shall immediately become vacant. [Am. May 3, 1913, §9.] Sec. 23 — Bond: The Mayor and every Commissioner before entering upon the duties of his office shall execute to the City of Portland a penal bond in the sum of $25,000.00 payable to the City of Portland and conditioned generally fOr the faithful performance and discharge of his duties and office, and the full amount of such bond shall be recoverable by, and shall be forfeited to the City of Portland as fixed and liquidated damages accruing to the City of Portland upon proof of unfaithfulness, corruption, malfeasance or delinquency in office of any Mayor or Commissioner with respect to any official duty. An action to establish such unfaithfulness, corruption, mal- feasance or delinquency may be brought in the name of the City of Portland in any court of competent jurisdiction. Such bond shall be executed as surety by some responsible surety company author- ized to do a surety business in the State of Oregon, and approved by the Council. The Council may require, by a resolution adopted by majority vote, other or additional surety, whenever, in its judg- ment, the surety on any such bond is not satisfactory or respon- sible. Such bond when so executed and approved by the Council shall be filed with the Auditor. The premiums on such bonds shall be paid by the City. [Am. May 3, 1913, §10.] Sec. 24 — Prohibited Interests : No person appointed or elected to the office of Mayor or Com- missioner shall be directly or indirectly pecuniarily interested in any public service corporation engaged in business within the City of Portland or in or with any person or corporation having con- tracts with the City of Portland. Any person so interested shall be disqualified to hold the office of Mayor or Commissioner. If any such officer shall voluntarily become so interested while in office, his 14 PORTLAISTD CITY CHAEiTEE office shall at once become vacant. If he shall become so "nterested otherwise than voluntarily he shall within ninety days divest him- self of such interest, and failing to do so his office shall become vacant upon the expiration of the said period of ninety days. [Am. May 3, 1913, §§11-12.] Sec. 25 — Interest in City Contract Prohibited : Any contract with the City of Portland, in which any Mayor or Commissioner is directly or indirectly pecuniarily interested, shall be wholly void and incapable of ratification, and no recovery shall be had thereon directly or indirectly, or upon quantum meruit, without respect to whether labor, services or material or other thing of value have been received and retained by the City of Portland by virtue of any such contract. [Am. May 3, 1913, §13.] Sec. 26 — Devote Entire Time to City Business : No Mayor or Commissioner shall, during his term of service, hold any other office, or position of profit, or pursue any other business or vocation, or serve on or under any committee of any political party. He shall devote his entire time to the duties of his office. [Am. May 3, 1913, §14.] Sec. 27 — Oath of Officers : Every Mayor and Commissioner before entering upon the per- formance of his duties shall take an oath or affirmation that he will support the Constitution of the United States and of the State of Oregon, and will faithfully and honestly discharge his duties; that he is not directly or indirectly pecuniarily interested in any public service corporation engaged in business in the City of Portland or in or with any person or corporation having contracts with the City of Portland ; that he holds no other office or position of profit, and that he is not a member of any committee of any political party. If such oath or affirmation be false in any particular it shall be deemed a delinquency in office on the part of such Commissioner. [Am. May 3, 1913, §15.] Sec. 28 — Salaries: \ The Mayor shall receive an annual salary of $6000.00, and each Commissioner shall receive an annual salary of $5000.00, which salaries shall be audited and paid monthly. [Am. May 3, 1913, §16.] Sec. 29 — Vacancy in Office : A vacancy shall exist when the Mayor or a Commissioner fails to qualify by taking the oath and filing the bond on or before July 1 following his election or within ten days after notice of appoint- ment to fill a vacancy, dies, resigns, is removed from office, is con- victed of a felony, is Judicially declared a lunatic, or is judicially convicted of corruption, malfeasance or delinquency in office. A vacancy shall also occur when the Mayor or a Commissioner absents GOVERNMENT 15 himself from his duties or from the City of Portland without the consent of the Council expressed by ordinance for more than thirty days in any one year. The pay of the Mayor or any Commissioner shall cease after thirty (30) days^ absence from the city, but the Council may grant leave of absence without pay for a further rea- sonable period, upon good cause being shown. No act of the Council in which any member participated whose office was vacant at the time, as herein provided, shall be for that reason invalid, unless the vacancy shall have been previously ascertained and declared by act of the Council or judgment of a court. [Am. May 3, 1913, §17.] Sec. 30 — Manner of Filling Vacancies : If a vacancy occur in the office of Mayor or Commissioner the Council shall appoint an eligible person to fill such vacancy until the next general municipal election. [Am. May 3, 1913, §18.] Sec. 31 — Emergency Fund: There shall be annually appropriated and set apart the sum of $5000.00 to be known as the "Emergency Fund of the Coun- cil" and the Council may use and expend such fund, or any part thereof, in its discretion for any purpose it may deem proper or advantageous to the public welfare, and shall not be required to furnish vouchers showing the purposes for which such expenditures were made. No part of such fund shall be used as compensation or additional salary or for the personal benefit of any Commissioner. [Am. May 3, 1913, §33.] Sec. 32 — Investigations : The Council, or a committee of the Council duly authorized by it, may investigate any board or department of the city govern- ment, and the official acts and conduct of any city officer, employee or agent; and for the purpose of ascertaining facts in connection with such investigation shall have full power to compel the attend- ance and testimony of witnesses, to administer oaths and to examine such persons as it may deem necessary, and to compel the produc- tion of books, documents and other evidence. Willful false swear- ing in such investigations and examinations shall be perjury and punishable as such, under the laws of the State of Oregon. [Ch. 1903, §47.] Sec. 33 — Saloon License and School Houses : No license shall be granted to any person or persons to vend, deal in or dispose of any spirituous, vinous, fermented or malt liquors (except to regularly licensed druggists or to grocers who may be authorized to sell such liquors not to be used or drunk upon 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 Portland. [Am. May 3, 1913, §55.] 16 POETLAT^D CITY CHAETEE Sec. 34 — Continuation of Specific Powees : The specific powers granted to the City under Sections 73 and 73% of the Charter of 1903 shall continue to be exercised by the Council as a part of the general grant made by the Charter. [Am. May 3, 1913.]* ♦SUBJECTS FOR LEGISLATION. Section 73. (Charter of 1903.) The Council has power and authority, subject to the provisions, limitations and restrictions in this Cliarter con- tained: (1) To exercise within the limits of the City of Portland all the powers commonly known as the police power to the same extent as the State of Oregon has or could exercise said power within said limits. (2) To make and enforce within the limits of the City all necessary water, local, police and sanitary laws and regulations. (3) To provide for the punishment of a violation of any ordinance of the City by fine or imprisonment not exceeding five hundred dollars' fine or six months' imprisonment, or both, or by forfeiture as penalty; and for working any person sentenced to such imprisonment upon any public work or in any public place during the term thereof, and to provide for the punishment of any person sentenced to imprisonment who shall refuse to work when ordered. (See Sec. 35 this Charter.) (4) To provide for entering into contracts by the City for a period not exceeding two years, except as in this Charter: otherwise provided. (5) To accept or reject all property, real, personal or mixed, given, conveyed, devised or bequeathed to the City, and to provide for the execution of all trusts if accepted by the City. (6) To purchase, or acquire by condemnation, such property, real and personal, as may be needed for public use. (7) To provide for the purchase of property levied upon under execu- tion in favor of the City, but the sum bid on such purchase shall not exceed the amount of the judgment and costs. (8) To purchase, take and hold real or personal property when sold for a delinquent tax or assessment levied or imposed under the authority of the City of Portland, and to sell and convey the same. But the sum bid by the City on or for any piece or parcel of property, so sold for a delin- quent tax or assessment, shall not exceed the amount of the tax, and the necessary costs and expenses on such piece or parcel of property. (9) To provide for the sale at public auction, after advertising for not less than five days, of all personal property unfit or unnecessary for the use of the City. (10) To provide for the lease of lands now or hereafter owned by the City, but all leases shall be made at public auction to the responsible bidder offering the highest monthly rent after publication of notice thereof for not less than ten days. No lease shall be authorized except by ordinance passed by the affirmative vote of two-thirds of the members of the Council and approved by the Mayor, and no lease shall be made for a longer period than five years, except as herein otherwise provided. (11) To provide for the location and construction of any ditch, canal or pipe for the conduct of water, and any drain, sewer or culvert it may deem necessary or convenient, and for such purpose it shall have a right to enter upon any land between the termini of such ditch, canal or pipe or drain, sewer or culvert, for the purpose of examining, locating and sur- veying the line of such ditch, canal, pipe, drain, sewer or culvert, doing no unnecessary damage thereby, and to appropriate so much of said land as may be necessary for the construction of said ditch, canal, sewer, pipe, drain or culvert in like manner as provided by the laws of this State for the appropriation of lands or right of way by corporations, and to appro- GOVEE,NMENT 17 priate and divert from its natural course or channel, for the purpose of drainage or flushing any drain, sewer or culvert, any spring or stream of water and compel the extension of gas, water and sewer connections from the main sewer or pipe to the curb line of the sidewalks of all public streets. (12) To provide for the opening, laying out, establishing, altering, extending, vacating and closing or for establishing and changing the grades of streets, squares, parks, public places, and to provide for the improving and repairing of streets, squares, parks and public places or of any land over which any right of way has been obtained, or granted for any purpose of public travel by means of any kind of work, improve- ment or repair mentioned in this Charter, subject to the provisions and limitations contained in this Charter, and in the Constitution of the State of Oregon. (13) To provide for lighting the streets, public grounds, buildings and places, and furnishing the City with electric, gas or other lights, by contract or by means of its own plant, subject to the conditions and limitations contained in this Charter, and the Constitution of the State of Oregon. (14) To prvide by ordinance for securing the payment of wages to mechanics and other employees in the service of contractors engaged in doing work of any kind for the City, either by exacting bonds from such contractors or otherwise as may seem most advisable. (15) To provide for furnishing the City with water, as elsewhere in this Charter provided. (16) To provide a seal for the City and seals for the several boards and officers thereof and a seal for the municipal court. (17) To "establish and regulate the fees and compensation of all officers of the City, except when expressly provided by this Charter, and for all official services not otherwise provided for in this Charter. (18) To fix a schedule of fees for establishing grades, surveying and marking the boundaries of streets, lots or blocks, granting permits for the opening of street surfaces, grading streets, laying sidewalks, the erection and inspection of buildings and plumbing fixtures therein, (19) To fix by ordinance the hours during which all offices and departments shall be kept open for business. [FINANCE AND REVENUE POWERS.] (20) To appropriate money to pay the debts, liabilities and expen- ditures of the City or any part or item thereof. (21) To grant licenses with the object of raising revenue or of regulation, or both, for any and all lawful acts, things or purposes, and to fix by ordinance the amount to be paid therefor, and to provide for the revoking of the same. No license shall be granted to continue for a longer period than one year from the date thereof. All money received from licenses for vehicles of every description, whether for pleasure or for business, shall go to the credit of the Street Repair Fund, but the Council may in its discretion set aside the moneys arising from licenses upon bicycles for the construction or repair of bicycle paths. (22) To expend for purposes not in this Charter otherwise author- ized during any fiscal year moneys out of the General Fund of this City not exceeding in the aggregate the sum of $1000.00, no part of which sum shall be expended except by ordinance duly passed by the affirmative vote of two-thirds of the members of the Council. (23) The Council must appropriate annually to the Mayor $600.00 as and for a Secret Service Fund, for which he need furnish no vouchers. (24) Except as otherwise expressly provided in this Charter, the City shall not have the power to issue its bonds for any indebtedness, or for any purpose, or to increase the bonded indebtedness of the City in any amount or for any purpose whatsoever. 18 PORTLAND CITY CHARTER, [POWERS RELATING TO PUBLIC HEALTH. WELFARE AND SAFETY.] (25) To make regulations to prevent the introduction of contagious diseases into the City, and to remove persons afflicted with such diseases therefrom to suitable hospitals provided by the City for that purpose, which hospitals may be within or without said City; and to provide and to regulate such hospitals; to secure the protection of persons and property therein, and to provide for the health, cleanliness, ornament, peace and good order of the City. (26) To prevent and remove nuisances, and to declare what shall constitute the same, and to punish persons committing or suffering nuisances, and to provide the manner of their removal, and to make the cost of such removal a lien upon the property where such nuisance existed; and to fill up or drain any lots, blocks or parcels of land where any stagnant water stands, and to declare the same a nuisance, and to make the cost of filling up or draining the same a lien upon the property so filled or drained. Such liens may upon the order of the Council be entered in the docket of city liens and thereafter collected in the same manner as assessments for street improvements, or may be collected in such other manner as the Council may direct. (27) To regulate, restrain and to provide for the exclusion from the City, or any part thereof, of stock-yards, tanneries, slaughter houses, wash houses and laundries and all other offensive trades, occupations or businesses. (28) To regulate the plumbing, drainage and sewerage of buildings and the use of steam boilers and steam generators; to provide for the registration of plumbers and stationary engineers; to create the offices and define the duties of plumbing inspctor and of boiler inspector. (29) To compel all persons erecting and maintaining privies or cess- pools within one hundred feet of any street in which a sewer has or may hereafter be constructed, to connect the same therewith; provided, that in cases where blocks are more than two hundred feet in width, this authority shall extend to the center of the block. (30) To regulate the construction, care, use and management of hotels, tenement houses, lodging houses and cellars in the City of Portland for the better protection of the lives and health of the inmates dwelling therein, and of others. (31) To regulate and 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 public gatherings and the modes of hanging doors thereat. (32) To prevent and prohibit the erection of dangerous and unsafe buildings, and to cause the removal or tearing down of the same wherever situated, (33) To prevent the erection or moving of buildings within the City limits which shall be dangerous to the passers-by or to the adjacent property or an obstruction to public travel; and in case any building or structure shall become dangerous to passers-by, the Council shall have the power to cause the same to be removed or made safe at the expense of the property upon five days' notice to the owner thereof or his agent, and to determine by resolution when the same is dangerous. Such expense shall be made a lien upon the property. Such liens may upon the order of the Council be entered in the docket of city liens and there- after collected in the same manner as assessments for street improve- ments or may be collected in such other manner as the Council may direct. (34) To define the fire limits and to prohibit the erection or repair of wooden buildings within the fire limits; to regulate the height, con- struction, inspection and repair of all private and public buildings within the City; and to create the office and define the duties of building GOVERNMENT 19 inspector; to establish sidewalk districts and to determine the character of sidewalks in any of said districts and to specify the time at the expiration of which all sidewalks shall be of a specified character. (35) To require adequate fire escapes, apparatus and appliances, for protection against fire, to be provided in buildings. (36) To regulate or prevent the storage, manufacture and sale of dangerous, explosive, or combustible materials, including gunpowder, dynamite, giant powder, calcium carbide, nitro-glycerine, oil and gas, and to provide for the inspection of the same; to prevent by all proper means all risks of injury or damage by fire arising from negligence or otherwise. (37) To regulate the transportation of gunpowder, dynamite nitro- glycerine and other combustibles and explosives through the streets of the City. (38) To regulate and prohibit the use of all guns, pistols and fire- arms, missile weapons, fireworks, firecrackers, bombs and detonators of all descriptions. (39) To regulate and prevent public criers, advertising notices, steam whistles, the ringing of bells and playing of bands. (40) To regulate, prevent and prohibit the erection, maintenance or display of signboards and billboards, and of signs, posters or other adver- tisements, or advertising matter which are offensive, improper, unsightly, indecent, lascivious or obscene upon, along or near the sidewalks, streets or public places. (41) To regulate and prohibit the exhibition and hanging of banners and placards or flags in or across the street or from houses or other buildings. (42) To regulate or to prohibit the driving of horses, cattle, sheep, hogs and other animals and livestock through the streets. (43) To restrain and regulate the keeping of all domestic animals and to prevent any and all domestic animals from running at large within the City or any part thereof, and to punish those who allow animals so to run; to provide for the impounding of the same and also to provide for the sale of such animals upon five days' notice. (44) To regulate and restrain the keeping and the running at large of dogs; to punish those persons who allow their dogs to be unlicensed or to run at large against the regulations established, and to provide for the impounding of dogs and for the killing of the same when kept against such regulations, or on which no license has been obtained or tax paid as provided by the Council. (45) To protect the public from injury by runaways by punishing persons who leave horses or carriages in the streets without being fastened. (46) To require all railways and railroads to provide proper fenders and other safety appliances and the latest and most approved machinery and methods for their cars and tracks and the operation thereof for the protection of human life and the lessening of danger thereto and to enforce such regulations by such fines and penalties as may be prescribed by ordinance. [CRIMINAL AND POLICE POWERS.] (47) To provide for the punishment by fine of not less than twenty- five dollars nor more than one thousand dollars, or by imprisonment not exceeding two years, or both, of any person or persons who may injure, deface, interfere with or destroy any of the property belonging to the City or in which the City has any interest, right or estate, and to provide that the Municipal Court of (or) the Circuit Court of the State of Oregon for the County of Multnomah shall have jurisdiction to enforce such punishment or punishments. (48.) To regulate and restrain bartenders, saloon keepers, dealers in and manufacturers of spirituous, vinous, fermented or malt liquors, bar- 20 PORTLAND CITY CHARTEE rooms, drinking shops or places where spirituous, vinous, fermented or malt liquors are kept for sale or in any manner disposed of, and the sale and disposal thereof; all offensive and dangerous trades, employments or business; and for the purpose of this Charter to define and declare who is a bartender, saloon keeper or dealer in spirituous, vinous, fer- mented or malt liquors, and what is a barrom, drinking shop or place where spirituous, vinous, fermented or malt liquors are kept for sale or disposed of and what are offensive or dangerous trades, employments or businesses. No provision of the law concerning the sale or disposition of any spirituous, vinous, fermented or malt liquors in Multnomah County shall apply to the sale or disposition of the same in the City of Portland. No license shall be granted to any person or persons to vend, deal in or dispose of any spirituous, vinous, fermented or malt liquors (except to regularly licensed druggists or to grocers, who may be authorized to sell such liquors not to be used or drunk upon the premises) within four hundred (400) feet, measured on street lines, of any block on which a public school building is situated within the City of Portland. (49) To prevent and suppress gaming and gambling houses, lotteries 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 or sets up or promotes lotteries or sells lottery tickets, to prevent and supress bawdy houses or places where fornication is practiced, and to punish any inmate, keeper or fre- quenter thereof; to prevent and suppress opium smoking and houses and places kept therefor and to punish any keeper of such house or place, or person who smokes opium therein or frequents the same; to regulate the sale of cigarettes, cigars and tobacco and to prohibit the sale of the same to minors. (50) To prevent the sale, circulation and disposition of obscene literature, including books, papers, prints, pictures and the like, and to punish any person who sells or offers for sale, or who circulates or disposes of such literature, books, papers, prints, pictures and the like, and to define and declare from time to time what literature, books, papers, prints, pictures and the like are obscene within the purposes and province of this provision. (51) To prevent trespassing and punish trespassers upon real and personal property. (52) To restrain and punish intoxication, fighting and quarreling in the City, and any disturbance or any unlawful or indecent practice, and to define what shall constitute the same. (53) To prevent, restrain and disperse any riot or riotous assem- blage, and to restrain and punish any person taking part therein. (54) To define what constitutes vagrancy, and provide for the sup- port, restraint, punishment and employment of vagrants and paupers. (55) To prohibit persons from roaming the streets at unseasonable hours. (56) To prohibit the carrying of dangerous weapons in a concealed manner. (57) To prohibit and prevent cruelty to children and animals; to appropriate such sums as may be paid into the treasury from fines collected on conviction of persons charged with cruelty to animals or children, and to authorize the payment of the same or any part thereof to any society that shall have officially aided in such conviction. (58) To prohibit the exhibition of deformed or crippled persons, and to prohibit all persons from begging upon the streets or in public places. (59) To establish, change, discontinue or re-establish city jails, prisons, police stations, work houses and houses of detention, punishment and confinement. GOYERISrMENT 21 [STREETS.] (60) Except as otherwise provided in this Charter or in the con- stitution or laws of the State of Oregon, to regulate and control for any and every purpose the use of the streets, highways, alleys, sidewalks, public thoroughfares, public places and parks of the City; to regulate the use of streets, roads, highways and public places for foot passen- gers, animals, bicycles, automobiles and vehicles of all descriptions. (61) To regulate, restrain and prevent obstructions within the public streets, sidewalks and places and to make all needful regulations to keep and maintain the public streets, sidewalks and places in a clean, open and safe condition for public use; to provide for the removal, impounding and sale or other disposition of such obstructions upon five days' notice. (62) To regulate the use of the streets and sidewalks for the use of signs, sign posts, hitching posts, awning posts and bicycle racks. (63) To control and limit traffic on the streets, avenues and else- where. (64) To prescribe the width of tires of all vehicles, and the weight to be carried thereby. (65) To regulate the use of sidewalks; prevent the extension of building fronts and house fronts over the street line, and to prohibit the building and use of barbed wire fences; to regulate the limits within which it shall be unlawful to erect steps, porticos, bay windows or structural ornaments to houses fronting on any of the streets, lanes or alleys of the City. (66) To prohibit the planting, growing and use of trees such as may be detrimental to the sewers or to the use of the sewers, and to cause such last-mentioned trees to be cut down or removed. (67) To set apart as a boulevard or boulevards any street or streets, or portion of a street or streets, over which there is no existing franchise for any street or other railroad. (68) To provide for surveying the blocks and streets of the City and for marking the boundary lines of such blocks and streets; to change by ordinance . the number, letter or designation of any lot, block or tract of land within the City which may be conflicting or otherwise unsuit- able and to give by ordinance a designation to any tract of land within the City not numbered, lettered or designated. A certified copy of such ordinance shall be transmitted by the Auditor to the recording officer of the County, who shall record the same in the Record of Plats of said County and shall make a reference to the record of such ordinance upon the recorded plat on file. No charge shall be made by the recording officer. (69) To regulate the numbering of houses and lots on the streets and avenues and the naming of streets and avenues. (70) To provide a series of conduits under the streets, lanes, alleys and public places of the City or any part or parts thereof for the use of telephone, telegraph, electric light and other wires, or for other purposes, either by constructing said conduits itself or authorizing their construction by others upon such terms and conditions as the Council may impose, and to regulate and control the use of such conduits, and to prescribe and establish reasonable rentals to be paid by any person or company using any of said conduits by whomsoever the same may be constructed for the use thereof, and to provide for the collection of such rentals, in addition to the ordinary processes, by such summary methods as it may deem proper. If any such grant be made to any person, firm or corporation, such grantee shall not have power to sublet the same or the use of the same to any person, firm or corporation engaged in selling, hiring, leasing or otherwise receiving any income from the business or purpose for which it desires to use such conduits, without such person, firm or corporation first obtaining, as provided in this Charter, a franchise for such business, purpose or use. 22 PORTLAND CITY CHAETER [COMMERCE.] (71) To prescribe rates to be charged for transportation of passen- gers or property within the limits of the City by means of vehicles of every description. (72) To provide for the establishment of market houses and places, and to regulate the location and management thereof. (73) To provide a standard of weights and measures and to authorize inspection of weights, measures, food and fuel; to regulate the assize and weight of bread, other food products and fuel, and to prevent the sale of adulterated, unhealthful and unwholesome food, and to provide for the seizure and forfeiture of bread, other food products and fuel offered for sale or sold contrary to said regulations. *See §34. [WHARVES, DOCKS AND HARBOR.] (74) To define the duties of harbormaster, additional to those else- where in this Charter provided. (75) To provide for the removal of obstructions, debris and other deleterious matter from the Willamette River within the City limits and to prohibit putting or negligently or wilfully suffering the same to be put therein. (76) To regulate the building of wharves, and the driving of piles in the Willamette River within the limits of the City, and to establish lines beyond which wharves shall not be built nor piles be driven. (77) To provide for the construction and regulation of landings at the foot of the streets terminating at the Willamette River. (78) To appropriate money for the deepening, widening, docking, covering, walling, altering, or changing channels, waterways, or water courses within the City, and to provide for the construction and main- tenance of canals, slips, public landing places, wharves, docks and levees, and all such other work as may be required for the accommodation of com- merce; to control and regulate the use thereof and to- provide for the acquisition by condemnation or otherwise of all such work or works by the City, and for the construction, maintenance and ownership of the same by the City. [Ch. 1903.] * Section 73 1/^. The Council has power and authority to provide for the establishing and maintenance of a Free Employment Bureau in the City of Portland, the expense, of establishing and maintaining which shall be paid out of the General Fund of the City of Portland. [Am. June 3, 1907.] Sec. 35 — Fines and Imprisonment for Violation of Ordinances — Detention Home : (The Council has power and authority, subject to the provisions, limitations and restrictions in this Charter contained: * * *) To provide for the punishment of a violation of any ordinance of the City by a fine not exceeding five hundred dollars, or by im- prisonment, or by both, or by confinement in a house of detention or industrial home, such as may hereafter be provided by ordinance, and for working any person sentenced to such confinement during the term thereof, and to provide for the punishment of any such person who shall refuse to work when ordered. Such imprisonment in jail shall be for a term not exceeding six months, but in case of commitment to a house of detention or industrial home it shall be for a term not exceeding two years; provided, however, that any inmate of such jail, house of detention or industrial home may be GOVERNMENT 23 paroled or released, if in the judgment of the Council such action is advisable, before the sentence is fully served. [Ch. 1903, Subdiv. 3, §73; Am. June 2, 1913, Subdiv. 3, §73.] Sec. 36 — Enumeration of Powers not a Limitation : The foregoing or other enumeration of particular powers granted to the Council in this Charter shall not be construed to impair any general grant of power herein contained nor to limit any such general grant to powers of the same class or classes as those so enumerated. [Ch. 1903, §74.] Article 2 — Meetings and Ordinances, Sec. 37 — Organization of Council: At its first regular meeting the Council shall elect, by a ma- jority vote, a president. The Mayor shall preside at all meetings of the Council. In his absence or disability the President of the Council shall perform the duties of Mayor. In the absence or disability of both President and Mayor the other members of the Council shall select one of their number to perform the duties of President and Mayor during such absence. [Am. May 3, 1913, §35.] Sec. 38 — The Calendar : The Council shall cause to be printed for public use and placed with the Auditor for distribution at least twenty-four hours before each legislative session a summary of all matters to come before it at the next regular legislative session. No matter not contained in said summary shall be considered at such legislative session unless four members of the Council shall vote to consider the same. [Am. May 3, 1913, §30.] Sec. 39 — Aye and Nay Vote : Upon the request of any member the ayes and nays shall be taken and recorded upon any action or resolution. [Am. May 3, 1913, §31.] Sec. 40 — Privilege in Debate : A member of the Council for words uttered in debate therein shall not be questioned in any other place. [Am. May 3, 1913, §32.] ' Sec. 41 — Right of Council to Control Its Members : The Council shall determine its own rules of procedure, may punish its members for disorderly conduct, and may compel the attendance of members. [Am. May 3, 1913, §19.] Sec. 42 — Meetings — Public and Weekly — Journal op Pro- ceedings : All meetings of the Council and all committee meetings of the Council shall be public. It shall hold one regular legisative 24 PORTLAND CITY CHARTEE meeting each week, and such other meetings as it may prescribe. The Council shall keep a journal of its proceedings which shall be a public record. [Am. May 3, 1913, §20.] Sec. 43 — ^Quorum: At any meeting of the Council three members shall constitute a quorum, but a less number may adjourn from time to time, and may compel the attendance of absent members. [Am. May 3, 1913, §21.] Sec. 44 — Manner of Transacting Legislative and Judicial Business : In the transaction of legislative or judicial business the Council shall act only by ordinance. The ayes and nays shall be taken upon the passage of all ordinances and entered upon the journal of the proceedings of the Council. Every member when present must vote, and every action of the Council, except a motion to adjourn, or action to compel the attendance of absent members, shall require the affirmative vote of three members. [Am. May 3, 1913, §22.] Sec. 45 — Ordinance to Contain But One Subject : No ordinance, except one making an appropriation, shall con- tain more than one general subject; ordinances making appropria- tions shall be confined to the subject of appropriations. [Am. May 3, 1913, §23.] Sec. 46 — Enacting Clause: The enacting clause of all ordinances shall be in the words, '^^The City of Portland does ordain as follows:" [Am. May 3, 1913, §24.] Sec. 47 — Manner of Passing Ordinances : Every ordinance, other than emergency ordinances, shall have three public readings, not more than two of which shall be at the same regular legislative session. At least one week shall elapse between the introduction and final passage of any ordinance and no ordinance shall be amended within one week of its final passage, except in case of an emergency ordinance. An emergency ordinance may be enacted upon the day of its introduction, providing that it shall contain the statement that an emergency exists, and specify with distinctnes,s the facts and reasons constituting such emergency. The unanimous vote of all members of the Council present, and of not less than four (4) members shall be required to pass an emergency ordinance. [Am. May 3, 1913, §25.] Sec. 48 — Date Ordinances Passed by Council Take Effect : Ordinances (a) making appropriations and the annual tax levy, (b) relative to local improvements and assessments therefor, and (c) emergency ordinances, shall take effect immediately upon GOVERNMENT 25 X their passage. All other ordinances enacted by the Council shall take effect thirty days after their passage, unless a later date is fixed therein, in which event they shall take effect at such later date, subject to the referendum and subject to the provisions of Section 52 of this Charter. [Am. May 3, 1913,, §26.] Sec. 49 — Date Initiative and Eet^ei.7ndij:j Measures Take Eefect : Ordinances or other measures adopted by ihe electors of the city under the initiative, or approved by the electors of the city when submitted under the referendum, shall take effect at the time fixed therein; but if no such time is designated therein, at the date of the adoption. [Am. May 3, 1913, §27.] Sec. 50 — Manner of Amending and Repealing Ordinances : Amendments or repeals of ordinances, or sections thereof, shall also be by ordinance. [Am. May 3, 1913, §28.] Sec. 51^Attestation of Ordinances : An ordinance when passed by the Council shall be signed by the Mayor, or in his absence by the President of the Council, and attested by the Auditor, and shall be carefully filed and preserved and a record thereof made in a book kept for that purpose, marke (d) Department of Public Utilities. (e) Department of Public Improvements.^ The distribution of the work among them shall be made and may be changed from time to time by the Mayor by order which shall be filed and preserved as an ordinance. The names of the departments may be changed in like manner. [Am. May 3, 1913, part of §36.] Sec. 55 — Assignment of Department to Commissioners : At the first regular meeting after the election of any Council- man, the Mayor shall designate one member to be Commissioner in charge of each department, who shall thereafter be designated as Commissioner of such department, which designation may be changed, and a transfer of Commissioners from one department to another be made, whenever it appears that the public service will be benefited thereby. Such assignment shall be made by the Mayor by order which shall be filed and preserved as an ordinance. [Am. May 3, 1913, part of §37.] Sec. 56 — Authority of Commissioner Over His Department : The Commissioner in charge of each department shall have the supervision and control of all the affairs and property which belong to his department, subject to the provisions of this Charter and to such regulation as may be prescribed by the Council. [Am. May 3, 1913, part of §37.] Sec. 57 — ^Council to Assign Work to SfUBORDiNATES : The Council shall prescribe the powers and duties of officers and employes, may assign particular officers to one or more of the departments and may require an officer or employe to perform duties in two or more departments. The Council shall make such rules and regulations as may be necessary and proper for the effi- cient and economical conduct of the business of the city. [Am. May 3, 1913, part of §36.] Sec. 58 — Administrative Code: A complete code providing for the administration of the powers and duties of the different departments and for their organization shall be enacted by the Commissioners as soon as possible after their election. Such code shall provide for a uniform standard for the purchase of materials and supplies and shall provide a purchasing agent, not under civil service rules to inspect and test the quality and quantity of the materials and supplies purchased and deter- mine their exact conformity to specifications. Provision shall be made for the transfer of employes from one department to another. Methods shall be devised for the publication of charts or diagrams GOVEEiNMENT 27 A showing the financial condition, growth, receipts and expenditures of the different departments. These publications shall be mad© at least every six months and shall be so published as to give a com- parison of the condition at such period with that at a prior period. Each department shall keep time reports and cost data and efficiency records of its employes which shall be made the basis of promotions and increase of salary. Methods shall be provided for by which the heads of departments may determine and compare the work accomplished by the department with reference to its expenditures. A definite system of accounting shall be provided for each depart- ment showing the work performed and the material furnished com- pared with the cost thereof so itemized that it can be determined whether each department is becoming more efficient or less efficient. All stores and supplies of the city shall be properly housed, segre- gated and tabulated and a perpetual inventory kept showing the additions and depletions thereof. Each department shall keep time reports, time records and reports of expenses to he compared with the prior month and prior year which shall show percentage of increase or decrease and shall also keep stores and material accounts for like comparison. [Am. May 3, 1913. part of §36.] Article 4 — The- Mayor. Sec. 59 — His Duties — Annual Message : The Mayor shall exercise a careful supervision over the general affairs of the city and its subordinate offices. It shall be his duty from time to time to make such recommendations to the Council as he may consider to be for the welfare of the city. On or before the fifth day of January in each year, he must communicate, by message, to the Council a general statement of the conditions and affairs of the city and submit therewith the annual budget of cur- rent expenses of the city. [Ch. 1903, §147.] Sec. 60 — Institution of Suits to Cancel Franchises; Investi- gation OE Franchises : The Mayor may on his own motion, and must upon a resolu- tion passed by the Council directing him so to do, cause to be insti- tuted on behalf of the city such actions or proceedings as may be necessary to revoke, cancel or annul all franchises that may have been granted by the City to any person, company or corporation, which have been forfeited in whole or in part or which for any reason may be irregular and void and not binding upon the City, and the City Attorney upon his demand must institute and prose- cute the suits or actions required to enforce the provisions of this section. Each Mayor taking office under this Charter shall cause a careful investigation to be made of the exact condition of all franchises theretofore granted by the City, and of the respective 28 PORTLAND CITY CHARTER rights and obligations of the parties, and the performance of the same, and shall report the results thereof in each of his annual reports or messages. [Ch. 1903, §151.] Sec. 61 — Investigation of Offices : The Mayor may at any time, with or without notice, investi- gate in person or through one or more competent persons appointed by him for the purpose, the offices and accounts of any department of the City or of any employe, and the official acts and conduct of any official or employ© in the administrative service of the City, and the money, securities and property belonging to the City m the possession or charge of such department, officers, or employe. For the purpose of ascertaining facts in connection: with these examinations, the Mayor shall have full power to compel the at- tendance and testimony of witnesses, to administer oaths, and to examine such persons as he may deem necessary and to compel the production of books, papers and other evidence. Wilful false swearing in such investigations and examinations shall be perjury and punishable as such. The expense of any such investigation shall be paid out of the General Fund in the same manner as other claims against the city are paid. The result of all such examina- tions and investigations shall be reported to the Council and such report be filed with the Auditor. [Ch. 1903, §152.] Sec. 62 — Suspensions from Duty Pending Investigation : The Mayor shall have the power to suspend, pending an official investigation, any officer of the city, except C'ouncilmen, for any official defalcation or wilful neglect of duty, or official misconduct. [Ch. 1903, §153.] Sec. 63 — Be Notified of Violation of Contracts : It shall be the duty of every officer and person in the employ or service of the City, when it shall come to his knowledge that any contract or agreement with the City, or with any officer or department thereof, or relating to the business of any office, has been or is about to be violated, forthwith to report to the Mayor all the facts and information within his possession concerning such matter. A wilful failure so to do shall be' sufficient cause for the removal of such officer or employe. The Mayor shall give a' certifi- cate on demand to any person reporting such facts and information that he has done so and such certificate shall be evidence in exonera- tion from a charge of neglect of duty in that behalf. [Ch. 1903, §158.] Article 5 — The Auditor. Sec. 64 — Qualifications — Felling Vacancy in Office : / \ There shall be an Auditor of the City of Portland who shall ^ possess the same qualifications required of a Commissioner and in \ GOVERNMENT 29 addition those of an expert accountant. He shall be elected at the '■ generaljnunicipal election and shall serve for a term of four years. 1 If a vacancy occur in the office of Auditor the Council shall appoint an eligible person to fill such vacancy until the next gen- eral election subject to the provisions of law with respect to the recall of officers, and also subject to the provisions of this Charter declaring when a vacancy shall exist; the person appointed to fill such vacancy must within five days from the date of appointment or election qualify therefor as in the case of an officer elected for the full term or he shall be deemed to have declined and the office shall be considered vacant. Any such vacancy shall be filled at the next general municipal election for the unexpired term. [Ch. 1903, §269; Am. May 3, 1913, §97.] Sec. 65 — Salary and Bond : The salary of the Auditor shall be fixed by the Council and shall not be less than thirty-six hundred dollars per annum, pay- able monthly out of the General Fund in the same manner as other salaries are paid. He shall give a bond for the faithful per- formance of his duties in such sum as the Council may determine. [Ch. 1903, §270; Am. May 3, 1913, §98.] Sec. 66 — Duties: The Auditor is the accounting and clerical officer of the city. He shall be in personal attendance at his office daily during office hours. He shall receive and preserve in his office all accounts, books, vouchers, documents and papers relating to the accounts and contracts of the city, its debts, revenues and other financial affairs. He shall give information as to the exact condition of the treasury and of every appropriation and fund thereof upon demand of the Mayor or the Council, or any Commissioner. He shall be the cus- todian of the city's seal and shall perform such other duties as this Charter or the Council may direct. He shall keep the records and accounts of the city in a complete and intelligible manner. He shall make a semi-annual statement to the Council showing the receipts and disbursements of the city and the state of each par- ticular fund at the close of business on the 31st day of May in each year, and shall also prepare and transmit to the Council on or before the 15th day of December in each year a report of the financial transactions of the city during the calendar year ending the 30th day of November next preceding and of its financial condition at the close of business on said 30th day of November. The report shall contain an accurate statement in summarized form and also in detail of the financial receipts of the city from all sources and of the expenditures of the city for all purposes, together with a detailed statement of the debt of said city, of the purposes for which said debt had been incurred and of the property of said city, and of the accounts of said city with grantees of franchises, and also a statement showing all franchises, permits, or other privileges 30 PORTLAND CITY CHARTER then in effect, and the purpose for which the same were granted and the names of the present owners of each thereof. As a part of each annual statement of the Auditor, he shall include therein an inventory of all public property of the city together with its condition and approximate value and shall also Include therein a summary of the assets and liabilities of the city. [Ch. 1903, §273; Am. May 3, 1913, §99.] Sec. 67 — Deputies and Clerks : The Auditor may appoint, subject to the Civil Service rules of this Charter, one chief deputy and such other deputies and clerks as the Council may authorize. Said deputies shall have power to do and perform any act or duty required of the Auditor, and the Auditor shall be responsible for their conduct. The compen- sation to be paid such deputies and clerks shall be determined by the Council. [Ch. 1903, §271.] Sec. 68 — Authority to Administer Oaths : The Auditor and each of his deputies is authorized to admin- ister an oath and certify any acknowledgment authorized or required to be taken by any city ordinance or law of this state and he may require any person presenting for settlement an account or claim of any kind against the city to be sworn before him touching such account or claim, and when so sworn to answer orally as to any facts relative to the merits or Justice of such account or claim. [Ch. 1^03, §272.] Sec. 69 — Accounts to be Kept and Demands Audited : The Auditor shall keep an account of all moneys paid into and out of the treasury. Any ordinance or resolution providing for the payment of any demand out of the treasury, whether from public funds or from private funds deposited therein, shall always be construed as requiring the auditing of such demand by the Auditor before the same be paid. [Ch. 1903, §274.] Sec. 70 — Record of Demands : The Auditor shall number and keep an official record of all demands audited by him, showing the number, date, amount, name of the original holder, and against what appropriation drawn and out of what fund payable. [Ch. 1903, §275.] Sec. 71 — ^Approval of Demands : The Auditor shall approve no demand unless the same has been allowed by authority of the Council. [Ch. 1903, §276; Am. May 3, 1913, §100.] Sec. 72 — Approval of Certain Demands Prohibited :. No demand shall be allowed by the Auditor in favor of any person or corporation indebted to the city in any manner, except GOVERNMENT 31 for assessments or taxes not delinquent, without first deducting the amount of any indebtedness then due of which he has notice, nor in favor of any person having the collection, custody or disburse- ment of public funds, unless his account has been presented, passed, approved and allowed as herein required, nor in favor of any officer who has neglected to make his official returns or reports in the manner and at the time required by law, ordinance, or the regula- tion of the Council; nor in favor of any officer who has neglected or refused to comply with any of the provisions of law regulating his duties; nor in favor of any officer or employe for the time he shall have absented himself without legal cause or duly granted leave of absence from the duties of his office during office hours, and the Auditor must always examine on oath any person receiving a salary from the city touching such absences. [Ch. 1903, §277; Am. May 3, 1913, §101] Sec. 73 — Presentation and Allowance of Demands : Every demand upon the Treasurer except the salary of the Auditor must before it can be paid be presented to the Auditor, who shall satisfy himself whether the money is legally due, and its payment authorized by law, and against what appropriation and out of what fund it is payable. If he allows it he shall endorse upon it the word "Allowed," with the name of the fund out of which it is payable and the date of such allowance, and sign his name thereto, but if he disallow the same he shall endorse upon it the word '^Rejected." No demand shall be approved, allowed, audited or paid unless it specify each several item, date and amount composing it, and have endorsed thereon the legal authority for its payment. [Ch. 1903, §278.] Sec. 74 — Register oe Warrants — Preference Not Allowed : The Auditor shall keep a register of warrants, showing the funds upon which they are drawn, the number, in whose favor, for what service, and the appropriation applicable to the payment thereof. He shall not allow any demand out of its order, nor give priority to one demand over another drawn on the same specific fund, except that when liability for any claim presented is not sufficiently apparent to him, he may delay the payment thereof until such liability shall be determined. [Ch. 1903, §279.] Sec. 75 — Drawing Warrants : When any demand has been duly approved and audited, the Mayor and Auditor shall draw warrants on the Treasurer therefor. Such warrants must be drawn on the fund appropriated therefor and be signed by the Mayor and attested by the Auditor; but no warrant, except such as are issued upon funds created by spedal assessments, or warrants issued in settlement of judgments of the courts, shall be drawn, signed by the Mayor or attested by the 32 PORTLAND CITY CHARTER Auditor until the money for the payment thereof is in the hands of the City Treasurer and appropriated to the payment thereof upon presentation of same. [Ch. 1903, §280.] Sec. 76 — Issuance of Licenses: The Auditor must issue all licenses authorized by ordinance upon the delivery to him of the receipt of the Treasurer for the amount of money required for such license. [Ch. 1903, §281.] Sec. 77 — Records and Files or Council : As Clerk of the Council, the Auditor shall keep a correct journal of its proceedings, and shall file and keep all books, papers, and maps connected with the business of the Council. [Ch. 1903, §282.] Sec. 78 — Certified Copies of Records : The Auditor shall make certified copies of any papers or maps or transcripts of any records kept in his office when so required, upon the payment of his fees therefor, and such fees shall be de- posited with the City Treasurer for the credit of the general fund. The fees charged shall be the same as those provided for in this Charter or by ordinance, and no charge shall be made for any copies, transcripts, or certificates required or demanded by any official or board when such are needed for the official business of the city. [Ch. 1903, §283.] Sec. 79 — Present Ownership Record : The Auditor shall keep a record of ownership of real prop- erty within the limits of the City of Portland, and correct said record as changes of ownership shall be recorded in the office of the County Clerk for the County of Multnomah, and he shall also keep a record of all property owned by the city and the income derived therefrom. [Ch. 1903, §284.] Article 6 — Officers and Employes. Sec. 80 — Appointive Officers : As soon as convenient after their election the Council shall, by ordinance, appoint the following officers: Treasurer, City En- gineer, City Attorney and Municipal Judge and Purchasing Agent. [Am. May 3, 1913, §102.] Sec. 81 — Removal and Qualifications : All appointed officers shall serve during the pleasure of the Council. All may be removed for cause at any time by a majority vote of the Council. A statement of reasons for the removal shall be included in the order, and the officers removed shall have the right to make a counter statement in writing, which shall be filed and preserved with the order of removal. The order of removal GOVERNMENT 33 shall not be reviewable. Vacancies in any of such offices shall be filled by the Council. The Council may by ordinance impose any duties upon any officer not inconsistent with the general character of such office, and may divide or consolidate any of said offices. « It shall also fix and may change from time to time the salary of every officer. The officers named in this section shall at the time of their appointment be citizens of the United States, residents and qualified voters of the City of Portland. The Municipal Judge and City Attorney shall be attorneys of the supreme court of the state of Oregon. The city attorney may have one or more deputies with same qualifications as the City Attorney, to be appointed by him, in writing, and to continue during his pleasure. The number and compensation of such depii- ties to be fixed by the CounX in the City Official Newspaper with summaries and comparisons of the various departments for the current fiscal year. [Am. May 3, 1913, §86.] Sec. 188 — Annual Estimate for Taxation Purposes : On or before, the first day of January in each year the several officers, commissioners, boards and departments of the city, except as in this Charter otherwise provided, shall prepare and file with the Auditor an estimate of the expenses and disbursements for the ensuing year of their respective offices, commissions, boards and departments. From such estimates the Mayor shall prepare his annual budget for the current expenses of the ensuing year and present the same with his annual message to the Council. When said budget has been received, the Council, by ordinance, shall esti- mate and declare the necessary amount of money to be raised by the general taxes and shall levy the necessary tax therefor which shall be certified by the Auditor to the County Clerk of Mult- nomah County, who shall extend the said tax in an appropriate column upon the county tax roll. The said tax shall be collected by the officer collecting the county tax and shall be turned over by him to the City Treasurer within ten days after he has collected the same, with a statement of the amount, of money so collected and the year or years for which the amount was collected. The tax . levy as certified up to the County Clerk shall be in one sum and shall be entered in a column headed "City of Portland Tax." Neither the Sheriff nor the Tax Collector of Multnomah County nor said county shall receive any fees or compensation for collect- ing such taxes. [Ch. 1903, §285.] Sec. 189 — Fiscal Year : The fiscal year of the City shall commence on the first day of December and end on the last day of November of the succeed- ing year. [Ch. 1903, §113; Am. May 3, 1913, §87.] Sec. 190 — Annual Tax Lgevy : The Council, on or before the 31st day of December in each year shall levy upon all property not exempt from taxation taxes to provide for the payment of expenses of the City for the ensuing year as follows: FINANCE 79 1. A tax not to exceed 8 mills on each dollar valuation to provide for the payment of the general expenses of the City, in- cluding maintenance and repair of sewers and paved streets, ex- cept as hereinafter in this Section provided, which shall be credited to the General F'lind. 2. A tax sufficient to meet the interest on the bonded in- debtedness of the City, to be credited to the bonded indebtedness interest fund. 3. A tax of not less than four-tenths of one mill on each dollar valuation for the purchase, payment or redemption of the bonded indebtedness of the City, to be credited to the sinking fund. 4. A tax not to exceel one-half mill on each dollar valuation to provide for the construction of bridges elsewhere than across the Willamette River, the filling of streets across gulches and ra- vines, the estimated cost of bridges, not to be less than $15,000 and the fills $20,000 ; and the construction of overhead or underground crossings across railroad tracks; provided that this Section shall not release any company or corporation having a franchise or other- wise liable, from paying its full share of the cost of construction of bridges, fills or crossings as provided by the terms of its fran- chise or otherwise existing. [Ch. 1903, §114; Am. June 5, 1905; Am. May 3, 1913, §88.] Sec. 191 — Transfer of Money from One Fund to Another: It shall be lawful to transfer money from the Gleneral Fund to any other fund of the City and from the Bonded Indebtedness Interest Fund to the Improvement^ Bond Interest Fund, and the Council may provide that money transferred must be returned to the fund from which it was transferred. No other transfers shall be made. [Ch. 1903, §115; Am. May 3, 1913, §89.] Sec. 192 — Eeversion of Balance to General Fund — Invest- ment IN Improvement Bonds: When the necessity for maintaining aQy fund of the City has ceased to exist and a balance remains in such fund the Council shall so declare by ordinance, and upon such declaration such bal- ance shall be forthwith transferred to the General Fund unless other provisions have been made in the original creation of the fund. Whenever bonds of the City of Portland are offered for sale, and there is a balance to the credit of any sinking fund or special fund, not invested, said bonds may be awarded at par and accrued interest to the City Treasurer for the nearest practical amount, to consume said balance, and shall be held by the City Treasurer as an investment for said fund. All interest received from said invest- ment shall be credited to the fund from which the investment was made, provided, that if there are no bonds available for the 80 POETLAND CITY CHAETEE investment of any such balance, the City Treasurer shall deposit such funds in the same manner as other City funds are deposited under the provisions of Section 293* of this Charter, but such funds shall only be deposited until such time as the Council may have an opportunity to' purchase City of Portland or Improve- ment Bonds. [Ch. 1903, §116.. Am. May 3, 1913, §90.] ♦See. 293, Charter 1903, retained as Ordinance. (See Act of May 3. 1913.) Sec. 193 — Expenditures of Money : No money shall be expended or payment made from any fund of the City, except assessment funds, until a specific" appropriation shall be made therefor and an ordinance making an appropriation of money shall not contain a provision on any other subject. All demands for interest on the bonded indebtedness of the City and other fixed charges shall be paid as the same mature, or in accordance with the terms of contract. Any liability or liabilities incurred by the Council to be paid in any fiscal year, which singly or in the aggregate shall be in ex- cess of the revenues for such year shall be null and void. The Council may by ordinance limit the expenditures of every department of the City government, except interest charges and other charges fix:ed by contract or by this Charter during each fiscal year, or during any month thereof, and any contracts made, debts created or liability incurred in excess of the amounts author- ized by the Council, where the Council may so limit the expendi- tures of moneys, shall be null and void, and the Council shall not authorize any expenditures during any fiscal year, nor shall any liability or liabilities be incurred by or on account of the City of Portland, to be paid in any particular fiscal year (for the payment of which approval of the Council shall be necessary) which singly or in the aggregate shall be in excess of the revenues received during such year, applicable, or made applicable by transfer to the pay- ment of such liability or liabilities. Nothing contained in this Charter shall authorize the enforcement against or collection from said City, on account of any debt, contract or liability, of any sum iQ excess of the limitations prescribed in this Section. The City shall issue no warrants or other evidences of indebt- edness, except upon special assessment funds, and the payment of judgments against the City, unless there is money in the treasury duly appropriated and applicable to the payment of the same on presentation, and all evidences of indebtedness issued contrary to this provision shall be null and void. Any member of the Council voting to incur any liability or to create any debt in excess of the amount limited and authorized by law, shall be deemed guilty of malfeasance in office, and for such malfeasance such member may be removed from office. [Ch. 1903, §117; Am. May 3," 1913, §91.] FIREMEI^^S RELIEF AND PEiNSION FUND 81 Sec. 194 — Annulment of Back Taxes : All taxes except special assessments for local improvements levied by the City of Portland or by the former cities of East Portland, Albina or Sellwood for any year prior tO' 1895, which shall not be collected before Jnly 1st, 1904, shall become void and no steps shall thereafter be taken for their collection. [Ch. 1903, §119.] Sec. 195 — Annual and Occasional Independent Audits : At the close of each fiscal year the books and accounts and the financial affairs and transactions of the City shall be audited by some competent accountant to be appointed for such work by the Council from a list to be provided as follows : At least sixty days before the time for such annual audit the Council shall make request upon the Portland Clearing House Asso- ciation to furnish to it a list of the names of three or more com- petent accountants from which to make such appointment. If said association shall fail or refuse to so furnish sucb list within twenty days after being so requested application shall then be made by the Council to the grand jury then or next thereafter sitting in Multnomah County, Oregon, to furnish it such list, and if said grand jury shall fail to so furnish such list within twenty days after having been so requested, the Council shall then request the Civil Service Board of the City of Portland to furnish to it such list and it shall be the duty of the Civil Service Board to furnish such list. From a list furnished as above provided such appointment shall be made. The Council may from time to time and as often as it shall deem necessary, have like audit made, paying the expenses thereof in like manner. The audit made at the close of the fiscal year and in the discretion of the Council any audit made by an accountant employed by it shall be published in the City Official Newspaper. [Am. May 3, 1913, §34.] CHAPTER IX. FIREMEN^S RELIEF AND PENSION FUND. Sec. 196 — Ceeation of Fund : There is hereby created and established a Firemen's Relief and Pension Fund for the benefit of the regular members of the Fire Department of the City of Portland who have served twenty or more years; for the benefit of the widows and children under the age of sixteen years of any deceased fireman, and for the benefit of disabled members of said Fire Department. [Am. June 2, 1913, S'ubdiv (1), §176.] Sec. 197 — Source of Fund: Said fund shall consist of all moneys withheld from the salary of any member of the Fire Department as fines for any breach of 82 PORTLAND CITY CHARTER discipline and for violation of the rules and regulations of the Fire Department; all bequests, fees, gifts or emoluments paid or given on account of any extraordinary service of any member of said Fire Department (except when specifically allowed to be retained by such member by the Executive Board),* and a monthly fee which shall be paid into said fund by each member of said Fire Depart- ment of one per cent of his regular monthly salary as hereinafter provided, and the proceeds of a tax! levy as hereinafter provided, and the interest on the investment of any portion of said fund. [Am. June 2, 1913, Subdiv 2, §176.] *See §§16-17. Sec. 198 — Controlled by Boaed of Trustees : The Firemen's Relief and Pension Ftind shall be under the supervision and control of the Board of Trustees of the Firemen's Relief and Pension Fund, which Board shall be composed of the Mayor, the City Treasurer (who shall act as the Treasurer thereof without compensation) ; the Chief Engineer of the Fire Depart- ment; the City Auditor (who shall act as the Secretary of said Board without compensation) ; and a member of said Fire Department who shall be elected to membership on said Board by the regular members of the Fire Department every two years. The first election under this Act shall be held on the second Monday in July, 1913, and biennially thereafter. Said Board shall elect from its number a chairman and shall keep a record of all its proceedings, and hold regular meetings on the first Monday in each month. It shall annually make to the Council of the City of Portland a full report of its transactions for the current year, including an itemized ac- count of its receipts and expenditures, and an estimate of its re- ceipts and expenditures for the ensuing year, which such report shall be made on or before the 1st day of December of each year. [Am. June 2, 1913, Subdiv. 3, §176.] Sec. 199 — Powers of Board : Said Board of Trustees shall have the power to prescribe its own rules and regulations and enforce the same. It shall hear and determine all applications for pensions or relief, as hereinafter pro- vided for; provided, however, that an appeal may be taken from' any decision of said Board to the Executive Board* of the City of Portland. Said Board of Trustees is hereby authorized and em- powered to administer oaths, subpoena and examine witnesses and require the production and examijiation of papers and documents. It is hereby authorized and empowered, in the name of the Board of Trustees of the Firemen's Relief and Pension Fund, to invest any part of said fund in interest-bearing bonds of the United States, the State of Oregon, the City of Portland, or any city of the first class, preference, however, to be given in all instances to interest- bearing bonds of the City of Portland, All such securities shall be deposited with the Treasurer of said Board. [Am. June 2, 1913, Subdiv. 4, §176.] ♦See §§16-17. FIEBMEiN^S RELIEF AND PENSION FUND 83 Sec. 200 — Appeals: The Executive Board* of the City of Portland is hereby au- thorized and empowered to review the action of the Board of Trustees on appeal, and to remand the cause appealed back to said Board with instructions as to the final determination of such cause. [Am. June 2, 1913, Subdiv. 5, §176.] *See §§16-17. Sec. 201 — City Treasurer CtiSTODiAN and Disbursing Officer: Said Firemen's Relief and Pension Fund shall be in the cai*e and custody of the City Treasurer, and shall be paid out by him on warrants signed by the Chairman and countersigned by the Secre- tary of said Board, and not otherwise; provided, however, that no warrants shall be drawn upon said fund except by order of the Board, which order shall be duly entered upon the record of the proceedings of said Board. [Am. June 2, 1913, Subdiv. 6, §176.] Sec. 202 — Tax Levy for Fund: The Council of the City of Portland is hereby authorized and empowered to, and shall, when recommended by the Board of Trus- tees of the Firemen's Relief and Pension FWd, at the same time other levies of taxes are made as provided by the Charter and in addition to the tax levies authorized by the Charter, levy a tax of one-tenth of a mill on each dollar of the assessed valuation of the property in the City of Portland not exempt from taxation, which shall be credited to the Firemen's Relief and Pension Fund. [Am. June 2, 1913, Subdiv. 7, §176.] Sec. 203 — Restrictions on Amount of Levy : If on December 1st of any year said fund shall be credited with Three Hundred Thousand ($300,000.00) Dollars or more, said Board of Trustees shall recommend to the Council that said tax be not levied for the ensuing year, but if, on December 1st of any year said fund shall have to its credit less than said sum of Three Hundred Thousand ($300,000.00) Dollars, then the Council shall make such tax levy for the ensuing year. [Am. June 2, 1913, Subdiv. 8, §176.] Sec. 204 — Percentage of Salary Deducted for Purpose of Fund: After the taking effect of this Act, it shall be the duty of the Auditor, in making out warrants for the monthly salaries, to deduct and withhold monthly from the salary of each regular member of the Fire Department, one per cent of such monthly salary during all the time such member may be in the employ of the Fire Depart- ment, unless permanently disabled, and from the amount earned by each temporary member of the Fire Department, one per cent thereof; provided, however, that the minimum amount which shall be retained shall be Twenty-five (25c) Cents. And it shall be the 84 PORTLAND CITY CHARTER duty of the Auditor to draw a warrant for the full amount so with- held, payable to the Firemen^s Relief and Pension Fund. [Am. June 2, 1913, Subdiv. 9, §176.] Sec. 205 — Pensions Payable Monthly: All pensions and relief claims hereinafter provided for and allowed by said Board of Trustees shall be paid monthly out of the Firemen's Relief and Pension Fund by warrants as herein provided. [Am. June 2, 1913, Subdiv. 10, §176.] Sec. 206 — Benefits on Retirement: The Board of Trustees shall, upon the written application duly verified, of any member of the Fire Department who has served as an active member thereof for twenty-five years, retire and relieve said member from service, and said member shall receive a monthly pension equal to one-half of the amount of the salary attached to the rank held by him for one year prior to the date of his retirement, and said pension shall cease at his death. The Board of Trustees shall, upon the written application duly verified of any member of the Fire Department who has reached the age of fifty years and has served as an active member thereof for twenty years continuously next preceding said date of application, retire and relieve said mem- ber from service, and said member shall receive a monthly pension equal to one-half of the- monthly salary attached to the rank held by him for one year prior to the date of his retirement, and said pension shall cease at his death. The Board of Trustees may, by a unanimous vote, retire and relieve from service any aged, dis- abled or infirm member of the Fire Department who has reached the age of fifty-five years and has served as an active member of the Department for twenty years next preceding such age, and who, upon examination by two regularly licensed physicians ap- pointed by the Board of Trustees for that purpose, may be ascer- tained to be by reason of such age, infirmity or other disability unfit for the performance of his duty, and such member shall receive a monthly pension equal to one-half the amount of the salary at- tached to the rank held by him for one year prior to the date of his retirement, and the said pension shall cease at his death. [Am. June 2, 1913, Subdiv. 11, §176.] Sec. 207 — Benefits on Permanent Disability : The Board of Trustees shall upon application, retire from active service any member of the Fire Department who becomes permanently disabled by reason of service in said Department, and such member shall receive a pension equal to one-half the monthly salary he received at the time of his retirement. Said Board shall, upon the recovery of such member from his disability, restore such member to service in the rank he occupied at the time of retire- ment, and his pension shall cease upon restoration to service. [Am. June 2, 1913, Subdiv. 12, §176.] FIREMEN^S RELIEF AND PENSION FUND 85 Sec. 208 — Benefits on Temporary Disability : Any member of the Fire Department who, by reason of his services in said Fire Department, becomes disabled and wholly in- capacitated from performing his duties, may be retired by the Board of Trustees, and in ease of such retirement, such member shall be entitled to receive a pension equal to one-half the monthly salary received by such member at the time of his disability, such pension to continue only during such disability. Any member of the Fire Department who becomes tempor- arily disabled by reason of any injury received while in the per- formance of his duty shall be entitled to receive a sum equal to the monthly salary he receives at the time of his injury, which shall continue during such disability (not to exceed one year) ; pro- vided^ that such member is paid no salary during said period. [Am. June 2, 1913, S'ubdivs. 13, 14, §176.] Sec. 209 — Benefits During Sickness: Any member of the Fire Department who becomes incapaci- tated from performing his duties on account of sickness shall be entitled to receive during his sickness (not to exceed three months in any twelve consecutive months), a sum equal to one-half the monthly salary he received at the time he contracted such sick- ness; provided, however, that no member shall be entitled to receive such relief unless he shall have been incapacitated for a full period of fourteen days, in which event said member shall be so paid from the time he became so incapacitated. [Am. June 2, 1913, Subdiv. 15, §176.] Sec. 210 — Benefits to Widov^s and Children of Deceased Firemen : If any member of the Fire Department shall die from any cause whatever while in the service of said Department and shall leave a widow, said widow shall be entitled to receive a pension while remaining unmarried and a resident of the State of Oregon, equal in amount to one-half the monthly salary received by such deceased member at the time of his death, or at the time of con- tracting his last illness. In case said deceased member shall leave no widow, but shall leave a child or children under the age of sixteen years, such child shall receive, until it reaches the age of sixteen years, a pension equal in amount to one-half the monthly salary received by such deceased member. In case such member leaves more than one child, then said pension shall be collectively paid to the children under the age of sixteen years. In case such deceased member leaves no widow or children, but leaves a parent or parents wholly dependent upon him for support, such dependent parent or parents shall receive a pension equal in amount to one- half of the monthly salary received by such member at the time of his death, or at the time of contracting his last illness, and such 86 PORTLAND CITY -CHAETER pension shall continue during such time as may be unanimously determined by said Board of Trustees. [Am. June 2, 1913, Subdiv. 16, §176.] Sec. 211 — Pensions to Temporary Firemen: Any temporary member of the Fire Department who is in- jured while in the performance of his duty may, in the discretion of the Board of Trustees, be allowed such compensation as may be determined upon by said Board, and in case any temporary mem- ber comes to his death by reason of the performance of his duty as such member, said Board may, in its discretion, grant a pension to his widow or dependent children under the age of sixteen years, for such time as may be determined by said Board. A temporary member is defined to be a person employed to serve temporarily in said Fire Department. [Am. June 2, 1913, Subdiv. 17, §176.] Sec. 212 — FrNERAL Expenses : Upon the death of any active or retired member of the Fire Department, said Board shall pay to the widow or family of said deceased member the sum of One Hundred ($100.00) Dollars to be used for funeral expenses. [Am. June 2, 1913, Subdiv. 18, §176.] Sec. 213 — Applications for Pensions: All applications for relief shall be made within such time as may be fixed by the rules and regulations of the Board of Trustees. [Am. June 2, 1913, Subdiv. 19, §176.] Sec. 214 — Emergency Duties by Retired Firemen : Said Board of Trustees, upon the recommendation of the Chief of the Fire Department, shall have the power to assign mem- bers retired or drawing pensions under this Act, to perform light duties in the Fire Department in case of extraordinary emergency. In case of any retired member of the Fire Department being as- signd to duty in an emergency, such member shall receive from the Fire Fund a sum which with his pension shall equal the salary which he was receiving at the time of his retirement. [Am. June 2, 1913, Subdiv. 20, §176.] Sec. 215 — Application of Provisions of Act: The provisions of this Act shall apply to all persons who are now or shall hereafter become members of the Fire Department of the City of Portland, and all such persons shall be eligible to the benefits secured by this Act. [Am. June 2, 19*^13, Subdiv. 21, §176.] Sec. 216 — Pension Certificates : The Board of Trustees shall issue to each fireman pensioned under the provisions of this Act an engraved certificate showing the amount of pension allowed and the cause for which the same is issued. [Am. June 2, 1913, Subdiv. 22, §176.] FIREMEN'S RELIEF AISTD PENSION FUND 87 Sec. 217 — Forfeiture of Pensions : Any person receiving a pension from the Firemen's Relief and Pension Fund who shall be convicted of a felony or who becomes dissipated or an habitual drunkard, or who shall become a non- resident of the State of Oregon (provided that this provision of non-residents shall not apply to members retired in accordance with Subdivision 11), shall forfeit all right to such pension. [Am. June 2, 1913, Subdiv. 23, §176.] Sec. 218 — Pensions Pro-rated When Fund Insufficient : If at ahy time said Firemen's Relief and Pension Fund is insufficient to pay in full the pensions and disability claims allowed by the Board of Trustees, then said Board shall pay said pensions and claims pro-rata until such time as said fund shall be sufficient to pay the same in full; provided, however, that when said fund shall warrant, the Board of Trustees shall pay in full all back pensions and claims. [Am. June 2, 1913, Subdiv. 24, §176.] Sec. 219 — Books and Accounts Open for Inspection : The books and accounts of said Board of Trustees shall, at all times, be subject to the inspection of any person interested, and shall, upon the expiration of the term of office of the Treasurer, be surrendered and delivered to his successor, together with all rec- ords and documents, securities, moneys and property which may have come into the possession of said Treasurer. [Am. June 2, 1913, Subdiv. 25, §176.] Sec. 220 — Division of Police and Fire Department Relief Fund : The Police and Fire Department Relief Ftind heretofore estab- lished and under the control of the Eixecutive Board* shall he divided and one-half thereof credited to the Firemen's Relief and Pension Fund, and the other half to the Police Relief Fund. [Am. June 2, 1913, S'ubdiv. 26, §176.] *See §§16-17. Sec. 221 — Pensions Exempt from Execution : All pensions and disability elaims hereby authorized and al- lowed by said Board of Trustees of the Firemen's Relief and Pen- sion Fund shall be exempt from attachment, execution, garnish- ment or other process issued out of any court for the payment or satisfaction, in whole or in part, of any debt, damage, claim, de- mand or judgment against the beneficiary thereof. [Am.. June 2, 1913, Subdiv. 27, §176.] *Sec. 222 — Discharge of Firemen : No member of the Fire Department who has served faithfully and efficiently for six years continuously shall be removed or dis- charged without first having a trial or hearing, and not then except for cause upon written charges (of which one copy shall be served upon him and a duplicate filed with the Civil Service Commissioni 88 POETLAND CITY CHAETER (Board). Any fireman so removed may, within ten days from his removal, file with the Civil Service Commission (Board) a written demand for investigation. The charges shall forthwith be investi- gated by or before the Commission (Board) or by or before some officer or Board appointed by the Commission (Board) to conduct such investigation. The findings of the Commission (Board), or such officer or Board, when approved by the Commission (Board), shall be certified to the appointing officer and shall be forthwith enforced by such officer. [Am. June 2, 1913, Subdiv. 28, §176.] *See §108 et seq. Sec. 223 — CIty Attorney to Advise Board : It shall be the duty of the City Attorney to give advice to the Board of Trustees of the Firemen^s Eelief and Pension Fund in all matters pertaining to their duties and the management of said fund whenever required by said Board, and he shall represent and defend said Board as its Attorney in all suits or actions at law or in equity that may be brought against it, and institute all suits or actions in its behalf that may be required or determined upon by said Board. [Am. June 2, 1913, Subdiv. 29, §176.] Sec. 224 — Eepeal of Sections of 1903 Charter : Sections 196, 197 and 317 of the Charter of the City of Port- land in so far as they conflict with this Act, and all other Acts or .parts of Acts' in conflict herewith are hereby repealed. [Am. June 2, 1913, Subdiv. 30, §176.] Sec. 225 — Powers Vested in Council : The powers conferred and duties devolving upon the Executive Board* under and by virtue of the provisions of this Act, in case said Board is abolished by Charter amendment or otherwise, shall, from and after such abolition, be exercised and performed by the Council. [Am. June 2, 1913, Subdiv. 31, §176.] • *See §§16-17. Sec. 226 — Secs. 196 to 226 Inclusive, Eetained in Charter as Amended. (Sec, 176, 1903 Charter as Amended.) In case the Charter of the City of Portland is altered or amended to provide for what is commonly termed a Commission form of government, and this amendment is adopted by a vote of the electors of said City of Portland at the same election or any subsequent election, it shall be held to be a part of the Charter as altered or amended, and to repeal any and all provisions of the Charter as so altered or amended that may conflict herewith. [Am. June 2, 1913, Subdiv. 32, §176.] BOND ISSUES 89 CHAPTER X. BOND ISSUES. ARTICLE 1. GENERAL PROAaSIONS. Sec. 227 — Issue and Sale of Bonds : No bonds other than bonds for public improvements payable out of assessments upon the property benefited, and sewer bonds if otherwise authorized, shall be issued unless approved by vote of the people at a general or special election at which the question shall be submitted in the same manner as other measures are sub- mitted under the initiative or referendum. This provision shall not apply to bonds heretofore authorized. All bonds of the City of Portland shall be sold to the highest responsible bidder. [Am. May 3, 1913, §92.] Sec. 228— Validating Previous Bond Issues : All bonds heretofore issued and sold by the City of Portland and the former cities of East Portland and Albina (both now a part of the City of Portland), now outstanding and aggregating the sum of $12,798,700 are hereby approved and validated, and the Council of the City of Portland is hereby authorized to issue and sell all additional l)ond& heretofore authorized and not sold under the provisions of sections 118, 1181/2, 227*, 42534 and 429, (§229 to 235, 236, 237, 239 to 248, and 252 to 254), authorizing the issuance and sale of municipal garbage collection bonds, of the Charter of 1903, as amended; provided, that the bonded in- debtedness of the City of Portland shall at no time exceed the amount authorized under the provisions of section 88 of the charter of 1903 (Section 160 of this Charter), and provided further, that the bonds issued and sold under the provisions of section 383a of the Charter of 1903, as amended, shall not be considered as a part of the debt limit fixed by said section 88 (160). All bonds heretofore or hereafter issued or authorized to be issued pursuant to section 227* of the Charter of 1903, or pursuant to any amendment to the said section, are hereby declared valid and general obligations of the City of Portland, for the payment of the principal and interest of which a tax may be levied in addition to the tax in this Charter provided for, in case the water fund of said city should at any time prove insufficient for that purpose. The several measures amendatory of and supplementary to section 118 of the charter of 1903, including section 1181/9 and section 425% of said Charter and especially two measures adopted by the people of the City of Portland, the first at a special election held on the 8th day of November, 1910, entitled', "A m'easure to provide for the improvement of water and harbor front of the City of Portland, for the acquirement, construction, maintenance and operation of public docks, and for the acquirement by condemna- 90 PORTLAND CITY CHARTER tion, or otherwise, of lands for the same ; to create a commission to carry on such work and to regulate and control the construction, maintenance and operation of wharves, docks, slips, piers, basins, and other waterfront structures in said city ; to authorize the issu- ance and sale of bonds of the City of Portland up to two million five hundred thousand dollars ($2,500,000) for the above purposes, and to levy a tax as may be necessary for current expenses in Garrj- ing out the above purposes, and to amend section 118 of the Charter of the City of Portland as now amended by adding thereto the fol- lowing four sections," and the second at a regular city election held in said city on the 5th day of June, 1911, entitled, "An Act to amend Chapter VII of the Charter of the City of Portland, entitled ^An Act to incorporate the City of Portland, Multnomah County, State of Oregon, and to provide a Charter therefor, and to repeal all acts or parts of acts in conflict therewith,^ filed in the office of the Secretary of State, January 23, 1903, as amended, by inserting a section in said Chapter VII after section 425% and before section 426 thereof, which shall be designated in the charter as section four hundred twenty-five and three-fourths (425%) of Chapter VII, authorizing the sale of bonds in an amount not to exceed six hun- dred thousand dollars for the acquisition of land for, and the erec- tion and maintenance of a Public Auditorium in the City of Port- land, Multnomah County, State of Oregon, and creating a commis- sion to carry out the provisions of said act," are hereby ratified and bonds issued under the same are hereby declared valid obliga- tions of the City of Portland. [Am. May 3, 1913, §93; Am. June 2, 1913, §93.] * Retained as Ordinance. ARTICLE, 2— REFUNDING BONDS. Sec. 229 — Proceduee on Issuance of Bonds to Fund Indebted- ness: For the purpose of funding any bonded indebtedness of the City of Portland, or of the former City of East Portland, or of the former City of Albina, already matured or to mature in the future, the City of Portland is authorized and^ empowered to issue and dispose of bonds of the City of the denominations of from One Hundred Dollars to One Thousand Dollars, as the purchaser may desire, under the seal of the City of Portland, with the interest coupons attached thereto with the signature of the Mayor engraved thereon, and having attached thereto the seal of the said City of Portland, whereby the City shall be held and considered in substance and effect to undertake and promise:, in consideration of the prem- ises, to pay to the bearer of each of said bonds, at the expiration of twenty-five years from the date thereof, the sum named therein, in gold coin of the United States together with interest thereon in like coin, at the rate of four (4) per cent per annum, payable BO^^D ISSUES 91 half-yearly, as provided in said coupons. The total amount of such refunding bonds shall not exceed the face or par value of the bonds to be refunded, nor shall such refunding bonds be sold at private sale nor for less than par, and accrued interest from the date of issuance of said refunding bonds. Before such refunding bonds can be sold the Council shall cause to be inserted for two weeks in the City Official Newspaper and in at least one paper in New York City, making a specialty of such matters, an advertisement inviting sealed bids for the purchase of said refunding bonds. Such re- funding bonds shall be sold only to the highest bidder. Among equal bidders preference in the sale and allotment shall be given to the bidders residing in the State of Oregon and subscribing for the smallest amounts. All bonds issued and disposed of under this act shall be exempt from taxation either by this State or by any County or municipal corporation therein. Should there be any money derived from the sale of said refunding bonds in excess of the amount necessary to retire the outstanding bonds, or any other funds in the hands of the Treasurer applicable to such pur- pose it shall be the duty of the Auditor to advertise for two weeks inviting proposals for the surrender and redemption of any valid bonds of the City. After such advertisement the money applic- able to such purpose in the hands of the Treasurer, or such portion thereof as may be required therefor, shall be awarded to the person or persons offering to surrender said bonds for the lowest price. Upon such award, when duly audited, the Treasurer shall upon the surrender of the bonds, pay the amount to the person or persons to whom the same was awarded and cancel the bonds so redeemed. No bid for the surrender of any of the bonds of the City shall be accepted which shall require a greater sum of money for their redemption than par and a ten per cent premium. [Ch. 1903, §118.] ARTICLEi 3— PAEK AND BOULEiVARD BONDS. Sec 230 — Issue and Sale of Bonds : The Council of the City of Portland or its successors in office is hereby authorized and empowered in the name of the City of Portland to issue and dispose of bonds of the City of Portland to an amount not exceeding One Million Dollars of the denominations of $500.00 or of $1,000.00 as the Council may determine, under the seal of the City of Portland, with interest coupons attached thereto. The bonds shall be signed by the Mayor and countersigned by the Auditor of the City of Portland, and each of said coupons shall have the signatures of the Mayor and Auditor of the City of Port- land engraved thereon, whereby the City of Portland shall be held and considered in substance and effect to undertake and promise in consideration of the premises, to pay to the bearer of each of said bonds at the expiration of twenty-five years from the date 93 PORTLAN^D CITY CHARTER thereof, the sum named therein in gold coin of the United States, together with interest thereon in like coin at the rate of four (4) per cent per annum, payable half yearly as provided in said coupons. The bonds issued in pursuance of the authority hereby granted shall be known as "Park and Boulevard bonds of the City of Port- land, Oregon/^ and the proceeds thereof shall be applied to the purchase of parks and small parcels of ground for neighborhood parks and for the improvement thereof, also for the laying out, establishing and improving of a system of boulevards and park ways with bridges over gulches in the City of Portland. The bonds herein provided for shall be advertised and sold to the highest responsible bidder, and the Council may at its discretion reject any and all bids tendered for said bonds and proceed to re-advertise the same when bids are not satisfactory. Of the bonds herein au- thorized to be issued not to exceed $500,000 shall be issued and sold during any one fiscal year. All money derived from the sale of said bonds shall be in the care and custody of the Treasurer of the City of Portland and credited to a fund to be kept and known as the "Park and Boulevard Fund," and shall be paid out by him on warrant of the Mayor attested by the Auditor of the City of Portland, and not otherwise. The said fund shall be expended by the Council, when first recommended by the Park Board, for the purposes above enumerated and in either the direct purchase or in pursuance of condemnation proceedings as provided in Article 1, Chapter I., Article 4, Chapter III., and Article 1, Chap- ter YI. of the Charter, and in the improvement of such parks, park ways and boulevards; there being expressly reserved to the Council the right to assess lots, blocks and parcels of land in any district or districts especially or peculiarly benefited by the establishing, laying out and improving boulevards in the same manner as pro- vided by the Charter for assessing benefits for street improvements. [Am. June 3, 1907, §118.] ARTICLE 4— HIAWTHORNE AYENUE BRIDGE BONDS. Sec. 231 — Issue and Sale of Bonds: The Council of the City of Portland is hereby authorized in the name of and under the corporate seal of said City to issue and dispose of bonds of said City of Portland to an amount not exceed- ing Four Hundred and Fifty Thousand Dollars ($450,000.00) of the denomination of Five Hundred Dollars ($500.00) or One Thousand Dollars ($1,000.00), as the Council may determine, and in such form as said Council shall select with interest coupons attached thereto. The said bonds shall be signed by the Mayor and countersigned by the Auditor of said City of Portland, and each of said coupons shall have the signatures of the Mayor and the Auditor of the City of Portland engraved thereon, whereby the City of Portland shall be held and considered in substance and BOND ISSUES 93 effect to undertake and promise in consideration of the premises to pay to the bearer of each of said bonds at the expiration of thirty (30) years from the date thereof the sum named therein in gold coin of the United States, together with interest thereon in like coin at the rate of four per cent (4 per cent) per annum, pay- able half yearly, as provided in said coupons. The bonds issued under this ordinance shall be known as the "Bridge Bonds of the City of Portland. Series 1907." The bonds herein provided for and authorized to be issued shall be advertised and sold to the highest responsible bidder. The Council may reject any and all bids tendered for such bonds and proceed to re-advertise the same when the bids are not satisfactory. The T'reasurer of the City of Portland, Oregon, shall have the care and custody of all moneys received from the sale of said bonds or otherwise, and shall pay out the same on the warrants of the Mayor countersigned by the Auditor, and not otherwise. All expenses connected with the pur- chase or condemnation of any property, franchise or rights, and the expense of the bonds issued as herein authorized and the cost of the bridge herein provided for, are to be paid out of the proceeds of the sale of said bonds. [Am. June 3, 1907, §118.] Sec. 232 — Hawthorne Avenue Bridge Fund: The proceeds of any sales of what is now known as the Mad- ison Street Bridge, or any part thereof, shall become a part of the fund provided herein for the construction of the new bridge and may be used by the said Executive Board* as a part of said fund, and the fund created from the sale of bonds and from the sale of any part or parts of the bridge now known as the Madison Street Bridge, shall be known and designated as the "Hawthorne Avenue Bridge Fund." All of unexpended money after the bridge herein authorized has been constructed and paid for shall be trans- ferred from the Hawthorne Avenue Bridge Fund to a fund to be known and designated asi the "Bridge Bond Sinking F'and," or shall be transferred to the "Bonded Indebtedness Interest Fund,'' and used in the redemption of said coupons outstanding and matur- ing upon said bonds as the Council of the City of Portland may determine. Any funds or rentals paid for the use of said bridge and trackage rights thereon shall be paid to the Treasurer of the City of Portland and placed to the credit of the Bonded Indebted- ness Interest Fund. r^m. June 3, 1907, §118.] ♦See §§16-17. Sec. 233 — Authorizing Construction Hawthorne Avenue Bridge : From the Hawthorne Avenue Bridge Ftmd, as herein pro- vided, the Executive Board* of the City of Portland, County of Multnomah, State of Oregon, and its successors in office is hereby 94 PORTLAND CITY CHAETEE, authorized and empowered in the name of the City of Portland to build a bridge across the TOllamette River in the said city from Hawthorne Avenue on the east side of said river to Madison Street on the west side of said river^ and to remove what is now known as the Madison Street Bridge located across said river from Haw- thorne Avenue on the east side of said river to Madison Street on the west side of said river, and to use or to sell or dispose of the said Madison Street Bridge or the material composing the same for such price and upon such terms as the Executive Board* in its judgment may determine, to be for the best interest of the City of Portland. The approaches to said bridge shall conform to the grades of streets as now established on Hawthorne Avenue on the east side of said river and Madison Street on the west side of said river. [Am. June 3, 1907, §118.] *See §§16-17. Sec. 23^1 — Authorizing Condemnation of Property: The said Executive Board* and its successors in office for the purpose of carrying into effect this ordinance is hereby authorized and empowered to appropriate and condemn in the name of the City of Portland for the use of the public any private property abutting upon the said avenue or street, or either thereof, or claimed to exist thereunder or over, and any and all franchises, easements, liens, approaches, structures, superstructures, leases, railway tracks, railway wires and roadways, and telephone, telegraph and electric light wires, which said Ecxecutive Board may require for the pur- poses of this ordinance. And said property may be entered upon and examined, surveyed and selected in the mode prescribed by the statutes of this state for the appropriation of property for public use. [Am. June 3, 1907. J *See §§16-17. Sec. 235 — Franchise Rights on Bridge: It shall be the duty of the Executive Board* before construct- ing the bridge herein authorized, to enter into negotiations with the Portland Railway, Light and Power Company, or any other company or corporation! now operating cars over what is known as the Madison Street Bridge, for the surrender of its present lease and franchise and any and all other rights or privileges it has in, to or upon what is now known as the Madison Street Bridge, and approaches thereto, and as a consideration for such surrender the Executive Board* is hereby authorized to agree for the City of Portland to construct the new bridge herein provided for, and to remove what is known as the Madison Street Bridge, and to make and execute to the said Portland Railway, light and Power Com- pany, or such other company or corporation now having rights or franchises on said Madison Street Bridge, a lease or franchise to operate cars over and across said new bridge for a term not BOND ISSUES 95 exceeding twenty-five years. Provided, however, that the said Portland Eailway, Light and Power Company, its successors and assigns, or any other company or corporation holding rights, leases or franchises, on said bridge shall agree in and by said new lease or franchise, to pay as rental for the use of said new bridge and approaches thereto and tracks thereon, five cents (5c) per car for each and every car of thirty-six (36) feet or less in length that crosses said bridge, and such additional rate per car for cars over thirty-six (36) feet in length as may thereafter be agreed upon between the Executive Board and the company or corporation in- terested therein. Said rental to be paid at the end of each calendar month to the City Treasurer. Said rental in no case to be less than fifteen thousand dollars ($15,000) per year, and m case said rental shall amount to less than fifteen thousand dollars ($15,000) per year upon the basis of the rate per car as hereinbefore provided, then and in that event the Portland Eailway, Light and Power Company, its successors and assigns, shall at the end of the year, pay the difl^erence between the amount paid at the rate of five cents (5c) per car and the said sum of fifteen thousand dollars ($15,000) to the City Treasurer. In case the Executive Board shall not make such an agreement with the Portland Railway, Light and Power Company and such other company or companies holding leases or franchises on said bridge as is herein authorized to be made, then and in such event said Executive Board may in its discretion tem- porarily or permanently discontinue or abandon any further steps or proceedings toward the building of said new bridge, or may, in its discretion, proceed to acquire by condemnation as hereinbe- fore provided, in the name of the City of Portland any and all franchises, easements, leases, approaches, structures, superstruc- tures, liens, railway tracks, railway wires, roadways^, telephone and telegraph and electric wires and other private property including said; lease and franchise and any other rights or privileges of the Portland Railway, Light and Power Company or such other com- pany or companies as may be interested therein, which may be re- quired for the purpose of carrying into effect the purposes of this act. Said Executive Board* and its successors in office, are hereby authorized to enter into contracts and leases with other street rail- way companies for the use and operation of cars over and upon the tracks of said new bridge and the approaches thereto for such times and such rates and upon such terms and conditions as may in the judgment of said Executive Board be necessary for the best inter- ests of the City of Portland. Provided, however, that in and by every such contract or lease it shall be provided that the street railway company or companies shall pay the City of Portland as rental for the use of said new bridge and approaches thereto and tracks thereon, five cents (5c) per car for each time each and every car of thirty-six (36) feet or less in length crosses said bridge, 96 PORTLAND CITY CHARTER and such additional rate per car for cars over thirty-six (36) feet in length as may be agreed upon between said railway company or companies and said Executive Board.* And provided, further, that said Executive Board may in giving or granting any such contract or lease, fix a minimum sum to be paid each month, in any event, by the company or companies to which such contract or lease is given or granted. If a specified agreement for the sur- render of the present lease or grant and the granting of a new lease as is herein authorized is not made and entered into by the Executive Board of the City of Portland and the said Portland Railway, Light and Power Company, or other company or com- panies, or corporation or corj5orations, for rights on said bridge, the same shall have no right or authority to operate cars over and upon or use said new bridge and the approaches thereto, except under or by virtue of such new contract or lease as may be given or granted to it by said Executive Board in accordance with the provisions of this Section. Nothing in this ordinance shall be con- strued to authorize the Executive Board or its successors in office, to give any street railway company any exclusive right to operate cars over said new bridge. Should said Hawthorne Avenue Bridge be destroyed by fire, flood or other casualty, any lease or contract with reference to the use of the approaches thereto or contracts thereon by any street railway company shall! then and thereupon at the option of said Executive Board and its successors in office cease and determine, and if such bridge shall be rebuilt then said lease or contracts for the use of the approaches to or tracks upon said bridge shall apply to said bridge so rebuilt or renewed. After the building of the said bridge hereby authorized the said Executive Board shall surrender and deliver the possession of the same to the County Court of j\Iultnomah County, and such court shall operate, control and manage the same and keep the same in repair in the same manner as other bridges crossing the Willamette River within the City of Portland are operated, controlled and managed, as re- quired by law. [Am. June 3, 1907, §118.] *See §§16-17. ARTICLE 5— BROADWAY BRIDGE BONDS. Sec. 236 — Issue and Sale of Bonds; General Piiovisions: The Council of the City of Portland is hereby authorized in the name of and under the corporate seal of said city to issue and dispose of bonds of said City of Portland to an amount not exceed- ing two million dollars of the denominations of five hundred dol- lars, or one thousand dollars, as the Council may determine and in such form as the said Council shall select, with interest coupons attached thereto. The said bonds shall be signed by the Mayor and countersigned by the Auditor of said City of Portland, and BOND ISSUES 97 each of said coupons shall have the signatures of the Mayor and the Auditor of the City of Portland engraved thereon, whereby the City of Portland shall be held and considered in substance and effect to undertake and promise, in consideration of the premises, to pay to the bearer of each of said bonds, at the expiration of thirty years from the date thereof the sum named therein in gold coin of the United States, together with interest thereon in like gold coin at the rate of four per centum per annum, payable half- yearly as provided in said coupons. The bonds issued in pursuance of the authority hereby granted shall be known as the "Bridge Bonds of the City of Portland, Series 1909/^ The bonds herein provided for and authorized to be issued, shall be advertised and sold to the highest responsible bidder. The Council may, at its discretion, reject any and all bids tendered for such bonds and pro- ceed to re-advertise the same when the bids are not satisfactory. The Treasurer of the City of Portland, Oregon, shall have the care and custody of all moneys received from the sale of said bonds, or otherwise, and shall pay out the same on warrants of the Mayor countersigned by the Auditor, and not otherwise. All expenses connected with the purchase or condemnation of any property, ease- ment, franchise, or rights, and the expense of the bonds issued as herein authorized, and the cost of the bridge herein provided for, with its approaches, terminals and necessary accessories, are to be paid out of the proceeds of the sale of said bonds. From the fund herein provided for, the Executive Board* of the City of Portland, Multnomah County, State of Oregon, and its successors in office, is hereby authorized and empowered, in the name of the City of Portland, to construct and build a bridge with appropriate approaches and terminals, and with a clearance of not less than 65 feet above high water and not less than 96.13 feet above the city datum or low water mark, across the Willamette Eiver in said city, from^ Broadway street at or near its intersection with Larrabee street, on the east side of said river, and following the line of Broadway street extended westerly in its present course, to a point at or near its intersection with Seventh Street on the west side of said Willamette Eiver; thence southerly and easterly to a point at or near the intersection of Sixth and Irving Streets; and it shall have full power and authority, subject to such regula- tions as may be imposed by the United States, to build, erect ajid construct piers, abutments and other necessary supports in the bed of the Willamette River for the foundation of such bridge. The location of the west approach and incline of said bridge shall be subject, however, to such modification and change as may be deemed expedient by said Executive Board or its successors in office. The said Executive Board, or its successors in office, for the pu.rpose of carrying into effect the provisions of this section, is 98 PORTLAND CITY CHARTER hereby authorized and empowered to appropriate and condemn in the name of the City of Portland, for the public use, any property occupied by or abutting upon said streets, bridge, site, approaches, or terminals, or necessary or which may be required, for the con- struction or maintenance of said bridge, approaches or terminals, including all franchises, easements, liens, approaches, structures, superstructures, leases, railroad tracks, and railroad property, rail- way wires, rights of way, roadways, telephone, telegraph and electric wires, which said Executive Board, or its successors may require to carry into effect the purposes of this section, and such property may be entered upon and examined, surveyed, selected, condemned and appropriated in the mode provided by the Charter of the City of Portland, or by the statutes of the State of Oregon, for the appropriation of property for public use or corporate purposes. And for the purpose of carrying the provisions of this section into effect, the Executive Board of the City of Portland, or its suc- cessors in office, is authorized and empowered to appropriate and use the whole or any part of any of the public streets or highways of the City of Portland or to establish or alter the grades thereof. All railway tracks laid upon said bridge, or upon its approaches or terminals, shall forever be and remain the exclusive property of the City of Portland, and no exclusive privilege or franchise shall be granted to any person, railway company, or other public service corporation, for the use of the whole or any part of such bridge, approaches, or terminals. And all of such privileges or franchises that may be granted by the City of Portland for the use of the whole, or any part of such bridge, approaches, or terminals, shall be granted upon such compensation to the City as may be determined by the Council of the City of Portland or its successors in office. After the construction of such bridge, the Executive Board, or its successors in office, shall surrender and deliver the possession of the same to the County Court of Multnomah County, State of Oregon, and such court shall operate, control and manage the same and keep the same in repair in the same manner as other bridges crossing the Willamette River within the City of Portland are operated, controlled and managed as required by law. All acts and parts of acts in conflict herewith are hereby re- pealed to the extent that they may conflict with the provisions hereof. [Am. June 7, 1909, §118V2.] *See §§16-17. ARTICLE 6— FIRE BOAT AND FIRE MAIN BONDS. Sec. 237 — Issue and Sale oe Bonds : The Council of the City of Portland, and its successors in office, is hereby authorized and empowered in the name of the City of Portland to issue and dispose of bonds of the City of Portland BOND ISSUES 99 to an amount not exceeding $275,000.00 of the denomination of five hundred dollars or of one thousand dollars, as the Council may determine, under the seal of the City of Portland, with inter- est coupons attached thereto. The said honds shall be signed by the Mayor and countersigned by the Auditor of the City of Port- land, and each of said coupons shall have the signatures of the Mayor and Auditor of the City of Portland engraved thereon, whereby the City of Portland shall be held and considered in sub- stance and effect to undertake and promise, in consideration of the premises, to pay the bearer of each of said bonds at the expiration of twenty-five years from the date thereof, the sum named therein in gold coin of the United States, together with interest thereon in like coin at the rate of four per cent (4 per cent) per annum, payable half yearly, as provided in said coupons. The bonds issued in pursuance of the authority hereby granted shall be known as "General Bonds of the City of Portland, Oregon." The bonds herein provided for and authorized to be issued shall be advertised and sold to the highest responsible bidder and the Council may in its discretion reject any and all bids tendered for said bonds and proceed to readvertise the same when the bids are not satisfactory. The money derived from the sale of said bonds shall be in the cus- tody of the Treasurer of the City of Portland and credited to a fund to be known as "The Fire Boat and Fire Mains Fund" and the Treasurer shall pay out of the same on warrants of the Mayor attested by the Auditor and not otherwise. When the said bonds are sold and the money therefor has been paid to the Treasurer of the City, the power and authority shall be vested in the Executive Board* to purchase, construct and equip an additional fire boat for the City of Portland, and to lay the mains as herein provided, and of the proceeds thereof not to exceed $125,000.00 shall be expended for the purchase or construction and equipment of a suitable fire boat and the remainder thereof shall be expended for the laying of water mains for protection against fire, from the Willamette Eiver and on each side thereof, for a. distance of six blocks and for the purpose of placing on said mains, hydrants and other apparatus as may be determined upon by the Executive Board. [Am. June 3, 1907, §118.] *See §§16-17. AETICLE 7— CREMATORY BONDS. Sec. 238 — Issue and Sale of Bonds : The Council of the City of Portland is hereby authorized in the name of and under the corporate seal of said City 'to issue and dispose of bonds of said City of Portland to an amount not exceed- ing one hundred and fifty thousand dollars ($150,000), of the denomination of five hundred dollars ($500) or one thousand dol- lars ($1,000), as the Council may determine, and in such form as 100 PORTLAND CITY CHARTER said Council shall select, with interest coupons attached thereto. The said bonds shall be signed by the Mayor and countersigned by the Auditor of said City of Portland, and each of said coupons shall have the signatures of the Mayor and the Auditor of said City of Portland engraved thereon, whereby the City of Portland shall be held and considered in substance and effect to undertake and promise in consideration of the premises to pay to the bearer of each of said bonds the sum named therein in gold coin of the United States, in ten equal annual installments from the general fund of the City of Portland, together with interest thereon in like gold coin at the rate of five per cent per annum, payable half yearly as provided in said coupons. The first annual installment to mature July 1, 1910. The bonds issued in pursuance of the authority hereby granted shall be known as "Crematory Bonds'^ of the City of Portland and shall be paid from the general fund. The bonds herein provided for and authorized to be issued shall be advertised and sold to the highest responsible bidder. The Council may reject any and all bids tendered for such bonds and proceed to re-advertise the same when the bids are not satisfactory. The Treasurer of the City of Portland, Oregon, shall have the care and custody of all moneys received from the sale of said bonds or otherwise, and shall pay out the same on the warrants of the Mayor, countersigned by the Auditor, and not otherwise. The proceeds of the sale of the bonds herein provided for shall be expended by the Council in the payment of the expenses of ad- vertising and issuing said bonds, and in the acquisition of land for incinerating plants, either in the direct purchase thereof or in pur- suance of condemnation proceedings in the manner provided by the statutes of the State of Oregon for the appropriation of land for corporate purposes; and by the Board of Health* in pursuance of appropriations therefor, in the purchase, construction, installation, improvement and repair of incinerating plants and their necessary accessories. Said incinerating plants shall be under the manage- ment, control and supervision of the Board of Health.* The Council is hereby authorized to provide a rate to be charged for the collection and removal of garbage. [Am. June 7, 1909, s425y2.] *See §§16-17. ARTICLE 8— PUBLIC AUDITORIUM BONDS. Sec. 239 — Creation of Commission; Terms of Office: That there is hereby created a Public Auditorium Commis- sion*. Said Commission shall be composed of five members who shall be appointed by the Mayor. Within ten days after the adop- tion of this act the Mayor shall appoint five persons as members of said Commission, who are qualified voters and have been residents BOND ISSUES 101 of the City of Portland for three years. Such persons shall deter- mine by lot among themselves, the length of their terms, for one, two, three, four and five years, respectively. On the expiration of the term of any member his successor shall be appointed by the Mayor. Eesignations, when made, shall be addressed to and ac- cepted by the Mayor, and vacancies filled by him by appointment for the unexpired term. The members shall serve without salary or compensation of any nature. Within ten days after their appoint- ment the Commission shall meet and organize by the election of a Chairman and the Auditor of the City of Portland shall be ex- officio Clerk of said Commission, without extra compensation. [Am. June 5, 1911, §425%.] *See §§16-17. Sec. 240 — Rules and Regulations : The Commission shall have power and authority to make all necessary rules and regulations for its government. [Am. June 5, 1911, §425%.] 8:kc. 241 — Public Letting of Contracts : In the construction of said Public Auditorium, the Commis- sion shall proceed only after public notice asking for proposals based upon the plans and specifications previously submitted and filed with the Commission by its architect, and approved by it; Provided, that when, in the judgment of the Commission, the bids are excessive, or otherwise unsuitable, the Commission may pro- ceed to do the work directly. The Commission shall in all cases have the right to reject any and all bids. In the event that it shall per- form the work directly or without contract, it shall make no pur- chase of materials in amounts exceeding two hundred fifty ($250.00) dollars, except by public letting, or in case of failure to receive bids after reasonable notice in a public newspaper of the City of Port- land, or in case of extreme emergenc}^ where the delay of public letting might cause serious loss or injury to the work. And it is further provided that open competition shall be had in the letting of all contracts for said construction including contracts of archi- tects in drawing plans and designs for said construction work which shall be in pursuance of the rules of the American Institute of Architects. [Am. June 5, 1911, §425%.] Sec. 242 — Provision for Oregon Historical Society: The Commission shall have the authority to permit the Oregon Historical Society to occupy such portion of such Public Audi- torium as it may designate and upon such terms and conditions as said Commission shall prescribe and said Commission shall have exclusive charge and control of said Auditorium property subject to the provisions herein contained. [Am. June 5, 1911, §425%.] 102 PORTLAND CITY CHARTER Sec. 243 — ^Same — Power to Employ Subordinates and Control Use of Auditorium : The Commission shall have the power to employ such officers, employes and agents as may be necessary in the efficient and eco- nomical carrying out of its duties and to fix and provide for their compensation, but such officers, employes and agents shall not be subject to the Civil Service provisions of the City Charter. The Commission shall have exclusive authority to fix the rates to be charged for the use of said Auditorium; to enter into any con- tract with theatrical or other companies, for the use of said Audi- torium for a term not exceeding two years, and shall also have power and authority to allow said Auditorium to be used by the general public, free of charge, at such times and upon such occasions as it, in its judgment, may determine. [Am. June 5, 1911, §425%.] Sec. 244 — Annual Report : The Commission shall annually make to the Council of the City of Portland a full report of its doings for the year, including an itemized account of its estimated receipts and expenditures for the ensuing year. Such report shall be made at the same time as reports of the other departments of the City are submitted. [Am. June 5, 1911, §425%.] Sec. 245 — Issue and Sale of Bonds — Sinking Fund : The Commission is hereby authorized, in the name and under the corporate seal of said City, to issue and dispose of bonds to an amount not to exceed six hundred thousand dollars, with interest coupons thereto attached, of the City of Portland, in such amounts and in such denominations as the Council may determine; Pro- vided, however, that said issue of bonds shall be subject to the lim- itations provided in Section 160 of the Charter of the City of Port- land. Said bonds shall be signed by the Mayor and countersigned by the Auditor of said City, and each of said coupons shall bear the fac simile signatures of the Mayor and of the Auditor of said City of Portland engraved thereon, whereby the City of Portland shall be held and considered in substance and effect to under- take and promise in consideration of the premises, to pay to the bearer of each of said bonds, at the expiration of thirty (30) years from the date thereof, the sum named therein in gold coin of the United States, together with interest thereon in like gold coin at the rate of four (4 per cent) per centum per annum, pay- able semi-annually as provided in said coupons. Said bonds and interest are to be paid from, taxes to be assessed, levied and collected upon real and personal property in the City of Portland, not ex- empt from taxation, and the Council shall, each year, at the same time the other levy or levies of taxes are made, as provided by Section 190 of the Charter, have power and authority to levy an additional tax of such fraction of a mill on each dollar of valuation BO'ND ISSUES 103 of the property in said City that will yield not less than the sum of three thousand ($3,000.00) dollars nor more than four thousand ($4,000.00) dollars, which sum will be apportioned to a fund to be known as a "Sinking Fund^' for the retirement of the bonds herein authorized to be issued and said sinking fund shall be in- vested by the Commission in interest-bearing bonds of the United States, the State of Oregon, the City of Portland, or any city of the first class, preference, however, to be given in all instances to interest-bearing bonds of the City of Portland, and all such securi- ties shall be deposited with the City Treasurer. [Am. June 5, 1911, §425%.] Sec. 246 — Disbursements : The said bonds issued in pursuance of the authority hereby granted shall be known as "Public Auditorium Bonds of the City of Portland, Oregon," and the same shall be advertised and sold to the highest responsible bidder. The Commission may, in its discretion, reject any and all bids tendered for such bonds, and proceed to re-advertise the same when the bids are not satisfactory to said Commission. All moneys derived from the sale of such bonds, and all revenues of every nature whatsoever derived from said Public Auditorium, shall constitute the "Ptiblic Auditorium Fund of the City of Portland," and shall be in the care and cus- tody of the Treasurer of the City of Portland. Disbursements shall be made by him on warrants of the Chairman and Clerk of the Commission, in pursuance of its general purposes and after express authority by resolution of the Commission. The books of the Commission shall, from time to time, be audited by the Auditor of the City of Portland, under the direction of .the Council, in such manner and at such time as it may prescribe. [Am. June 5, 1911, §425%.] Sec. 247 — Deficit Paid Out of Ceneral Fund : In case the revenues from said Auditorium for any preced- ing year are insufficient to pay for the maintenance and operation of said Auditorium., then the Council shall have authority to pay such deficit out of the general fund. [Am. June 5, 1911, §425%.] Sec. 248 — Expenditure of Fund : From the fund herein provided for, the Commission is hereby authorized and empowered to expend the same, first, in the pay- ment of the expense of the issuance and sale of said bonds, and in the acquisition of land for a site for said Auditorium, either in the direct purchase thereof or in pursuance of condemnation proceed- ings in the manner provided by the statutes of the State of Oregon for the appropriation of land for corporate purposes, and second, for the construction, maintenance, operation and management of the said Public Auditorium. [Am. June 5, 1911, §425%.] 104 PORTLAND CITY CHARTER, ARTICLE 9— MUNICIPAL JAIL BONDS. Sec. 249 — ^Issue axd Sale of Bonds : The Council of the City of Portland is hereby authorized in the name of and under the corporate seal of said City to issue and dispose of bonds of said City of Portland to an amount not exceed- ing two hundred thousand ($200,000.00) dollars of such denomi- nation as the Council may determine, and in such form as said Council shall select, with interest coupons attached thereto. The said bonds shall be signed by the Mayor and countersigned by the Auditor of said City of Portland, and each of said coupons shall have the signatures of the Mayor and of the Auditor of the City of Portland engraved thereon, whereby the City of Portland shall be held and considered in substance and effect to undertake and promise, in consideration of the premises, to pay to the bearer of each of said bonds, at the expiration of thirty years from the date hereof, the sum named therein in gold coin of the United States of America, together with interest thereon in like coin at the rate of four per centum per annum payable half yearly as provided in said coupons. The bonds issued in pursuance of the authority hereby granted shall be known as "Mnnicipal Jail Bonds of the City of Portland, Oregon," and shall be payable by general taxa- tion as provided by Section 190 of the Charter. The bonds herein provided for and authorized to be issued shall be advertised and sold to the highest responsible bidder. The Council may, in its discretion, reject any and all bids tendered for such bonds and proceed to re-advertise the same when the bids are not satisfactory. The Treasurer of the City of Portland, Oregon, shall have the care and custody of all moneys received from the sale of said bonds, or otherwise, and shall pay out the same on warrants of the Mayor, countersigned by the Auditor, and not otherwise. [Am. June 5, 1911, §428.] Sec. 250 — Expenditure of Proceeds : The proceeds of the sale of the bonds herein provided for shall be expended by the Council in the payment of the expenses of advertising and issuing said bonds, and in the acquisition of land for, and in the construction and erection of a building to be used for a municipal jail, municipal courthouse, headquarters for the Police Department, and for an emergency hospital. The Council of the City of Portland is hereby authorized and empowered to acquire, either by direct purchase or in pursuance of condemna- tion proceedings as provided by the Charter of the City of Port- land and the statutes of the State of Oregon, an appropriate site for said municipal jail building, or to appropriate and use any property now owned by the City of Portland available for such purpose. [Am. June 5, 1911, §428.] BOND ISSUES 105 Sec. 251 — Construction of Jail Building: From the fund herein provided for, the Executive Board* of the City of Portland, Oregon, and its successors in office, is hereby authorized and empowered to construct and furnish a suitable build- ing to be used for the purposes herein designated, and to enter into all the necessary contracts therefor. Said building, when completed, shall be under the supervision and control of said Executive Board. [Am. June 5, 1911, §428.] *See §§16-17. ARTICLE 10— MUNICIPAL GARBAGE COLLECTION BONDS. Sec. 252 — Issue and Sale of Bonds : The Council of the City of Portland is hereby authorized in the name of and under the corporate seal of said City to issue and dispose of bonds of said City of Portland to an amount not ex- ceeding seventy-five thousand ($75,000.00) dollars of such denomi- nations as the Council may determine, and in such form as said Council shall select, with interest coupons attached thereto. The said bonds shall be signed by the Mayor and countersigned by the Auditor of said City of Portland, and each of said coupons shall have the signature of the Mayor and Auditor of the City of Port- land engraved thereon, whereby the City of Portland shall be held and considered in substance and effect to undertake and promise, in consideration of the premises, to pay to the bearer of each of said bonds, at the expiration of thirty years from the date thereof, the sum named therein in gold coin of the United States of Amer- ica, together with interest thereon in Hke coin at the rate of four per centum per annum payable half-yearly as provided in said coupons. The bonds issued in pursuance of the authority hereby granted shall be known as "Municipal Garbage Collection Bonds, '^ and the interest and principal of said bonds shall be paid out of the Municipal Garbage Collection Fund, but the same shall be con- sidered as a general obligation of the City. The bonds herein provided for and authorized to be issued shall be advertised and sold to the highest responsible bidder. The Council may, in its discretion, reject any and all bids tendered for such bonds and proceed to readvertise the same when the bids are not satisfactory. Tlie Treasurer of the City of Portland, Oregon, shall have the care and custody of all moneys received from the sale of said bonds, or otherwise, which shall be credited to the Municipal Garbage Collection Fund, and shall pay out the same on warrants of the Mayor countersigned by the Auditor of the City of Portland, and not otherwise. [Am. June 5, 1911, §429.] Sec. 253 — Expenditure of Proceeds — General Provisions: The proceeds of the sale of said bonds may be expended by the Council in the payment of the expenses of advertising and 106 PORTLAND CITY CHARTER issuing said bonds; and the Board of Health* may, in pursuance of appropriations therefor, establish a Mtinicipal Garbage Collection System, and purchase all the necessary accessories therefor. The Council shall have the right to fix the rate® which shall be charged for the collection of garbage. The Board of Health shall have power and authority to employ, hire and discharge from time to time, subject to the Civil Service Rules of this Charter, all agents, workmen, laborers and servants, as it may deem, necessary or re- quisite in the conduct, operation and management of said Municipal Garbage Collection System, and to make all needful rules and regu- lations for the conduct and management of the same, and to pro- vide for the payment of rates monthly in advance, or otherwise, and to discontinue the service from any house, tenant or place when said garbage rate is not duly paid, or when any rule or regulation is dis- regarded or disobeyed, and to do any other act or make any other regulation necessary and convenient for the carrying out of the power and authority given by this Charter in conducting said Municipal Garbage Collection System. [Am. June 5, 1911, §429.] *See §§16-17. Sec. 254 — Fixing of Garbage Collection Rates : The Board of Health* shall annually make, before the first day of January, a written estimate of the probable expense of main- taining and conducting said Garbage Collection System during the ensuing year, and also the cost of any contemplated alteration, im- provement or extension thereof. Said Board of Health* shall ascertain and prescribe, as nearly as it conveniently can, a garbage collection rate for the ensuing year which will insure a sufficient income from the collection of garbage to pay such expenses and costs, together with the interest on said bonds, and a sum not exceeding three per cent of the principal of the bonds issued under this act to be used as a sinking fund to redeem said bonds, and said sinking fund shall be invested in interest bearing bonds, preference to be given to bonds issued by the City of Portland. Said estimate shall thereupon be submitted to the Council. The Council shall not increase the expenditures proposed nor decrease the garbage col- lection rate set out therein, but it may reduce or omit any pro- posed items of expenditure or increase the rate to be charged for the collection of garbage. The Council shall, by ordinance, au- thorize the proposed expenditures to be paid only out of the said Municipal Garbage Collection Fund and shall likewise fix the garb- age collection rates for the ensuing year. In case of any unfore- seen or great emergency, the Council may, by ordinance, at any time on recommendation of the Board of Health*, authorize further expenditures to be made out of the Municipal Garbage Collection Fund. All moneys collected or received by the Board of Health for the collection of garbage shall be deposited with the City Treas- STREETS AND THEIR IMPROVEMENT 107 urer, who shall keep the same separate and apart from the other funds of the City in a fund to be known as the Municipal Garbage Collection Fund. [Am. June 5, 1911, §429.] *See §§16-17. CHAPTER XI. STREETS AND THEIR IMPROVEMENT. Sec. 255 — Definition of ^'Street^^ : The term "street" as used in this Charter shall be construed to include any street, avenue, boulevard, alley, lane, bridge, bicycle path, road, public thoroughfare or public way, and any land over which any right of way has been obtained or granted, for any purpose of public travel. [Ch. 1903. §75; Am. May 3, 1913, §57.] Sec. 256 — Bonding Assessments for Street E:xtension: Whenever the Council, or other competent authority, shall have proceeded to lay out or establish new streets or change existing streets by widening, altering or extending the same, and shall have assessed the cost thereof to the property benefited thereby or liable therefor, it shall be lawful for the owner of any property so assessed for such establishment or change of streets in the sum of ten dol- lars or more, at any time within thirty days after notice of such assessment to file with the Auditor a written application to pay said assessment in installments, and such written application shall state that the said applicant and property owner does hereby waive all irregularities or defects, jurisdictional or otherwise, in the pro- ceedings to establish^ or to change streets for which said assess- ment is levied and in the apportionment of the cost thereof. Said application shall contain a provision that the said applicant and property owner agrees to pay said assessment in twenty semi-annual installments, with interest at the same rate on all such assessments which have not been paid as that expressed in the bonds issued to pay for such improvements. Said application shall also contain a statement, by lots or blocks, or other convenient description, of the property of the applicant assessed for such establishment or change of streets. No such application shall be received and filed by the Auditor if the amount of such assessment, with any previous assessment for street improvements, or sewers, or for the establishment or chang- ing existing streets, by widening, altering or extending the same assessed against the same pr6{)eTty and remaining unpaid, shall equal or exceed the valuation of said property, as shown by the last tax roll of the County of Multnomah, unless the owner or ap- plicant pay the difference between the amount standing against said property and remaining unpaid, including the assessment contem- 108 PORTLAND CITY CHARTER plg^ted herein, and the assessed valuation of said property as shown by the last tax roll of the County of Multnomah, in cash ; provided, however, that if the application is made by such property owner to pay said assessment in installments as herein provided, and the said street for which such assessment is made is not established or changed, as aforesaid, the said application to pay the assessment in installments as provided herein shall be of no force or effect and shall not stand as a lien against the property of said applicant. [Am. Nov. 2, 1912, §361a.] Sec. 257 — Records of Bonding Applications : The Auditor shall keep all such applications as are specified in Section 256 hereof, in convenient form for examination. The application received for each establishment or change of streets shall be kept separate, and he shall also enter in a book kept for that purpose, under separate heads for each such establishment and change of streets, the date of filing of each application, the name of the applicant, a description of the property and the amount of the assessment, as shown in the application. [Am. Nov. 2, 1912, §361b.] Sec. 258 — Entries in Bond Lien Docket : After the expiration of the time for filing application for the payment of assessments for establishing and for changing streets, as aforesaid, by installments, as provided in Section 256 of this Charter, the Auditor shall enter in a docket for that purpose, to be known as the Bond Lien Docket, under separate heads for each establishment and change of streets, by name or number, a description of each lot or parcel of land or other property, against which said assessment is made, or which bears or is chargeable for the cost of such establishment or change of streets, and upon which application to bond has been filed, with the name of the owner and the amount of such unpaid assessment. Such docket shall stand thereafter as a Lien Docket as for taxes assessed and levied in favor of the City of Portland, and for the amounts of such unpaid assessments therein docketed, with interest on said unpaid assess- ments at the rate provided in the bonds issued for such unpaid assessment, against each such lot or parcel of land or other prop- erty, until such assessments and interest are paid in the manner hereinafter provided ; and all unpaid assessments and interest shall be and remain a lien upon each lot or parcel of land or other property, respectively, in favor of the City of Portland, and such liens shall have priority over all other liens and incumbrances whatsoever, except the lien of subsequent City assessments and general taxes; provided, however, that if the street for which the application is made to pay the assessment in installments is not established or changed, as aforesaid, then and in that case the ap- plication for the payment of the assessment by installment shall be null and void and of no force and effect, and the entry made in the STREETS AND THEIR IMPROVEMENT 109 docket as in this Section provided, shall be by the Auditor marked in such docket as cancelled. [Am. Nov. 2, 1912, §361c.] Sec. 259 — Issue and Sale of Street Extension Bonds: When such bond lien docket shall be made up, as hereinbefore provided as to the assessments for such establishment or change of streets, and a copy of such bond lien docket furnished to the T'reas- urer, the Council shall by ordinance authorize the issue of its bonds in convenient denominations, not exceeding one thousand dollars each, and in all equal to the total amount of unpaid assessments for such establishment and change of streets and for which applica- tion to pay under the provisions of Section 256 has been filed, as shown by said bond-lien docket ; and such bonds shall, by the terms thereof, mature in ten years from the date thereof, and be payable in gold coin of the United States, and bear interest not to exceed six per cent per annum, payable semi-annually, to be evidenced by coupons attached to said bonds. The City shall have the right to take up and cancel such bond or bonds, upon the payment of the face value thereof, 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. Notice, stating that certain bonds are to be taken up and cancelled as aforesaid, and that the interest thereon shall cease at the interest paying period next following, shall be published in the special notice newspaper 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 Mayor, or President of the Council, counter-signed by the Auditor, and authenticated by the seal of the City of Portland attached thereto, and shall be registered, consecutively, by number and de- nomination of each, in a book to be kept by the Auditor, to be known and designated as "Bond Register for Street Extension." Each of such bonds, whether issued for the opening, laying out and establishment of streets, or for the changing of existing streets, by widening, altering or extending the same, shall have distinctly and plainly inscribed or printed on the face thereof the registered number of said bond and the words "Street Extension Bonds.'^ Such bonds shall be advertised for sale and sold for the highest price obtainable, but for not less than the par value and accrued interest ; and the proceeds thereof shall be paid by the purchaser to the Treas- urer and the par value thereof credited to the street extension funds for which said bonds are issued; and the accrued interest and pre- mium accruing from the sale of said bonds shall be credited to the General Fund, the fund from which interest is paid on said street extension warrants, or to the improvement bond sinking fund, as the Council shall direct. [Am. Nov. 2, 1912, §361d.] 110 PORTLAND CITY CHARTER Sec. 260 — Payment of Assessments : Thereafter there shall be due and payable semi-annually for ten successive years to the Treasurer by the owner of each lot or parcel of land assessed for such establishment or change of streets, whose application to pay the costs thereof by installments has been filed as provided in Section 256 of this Charter, five per cent of the amount of such assessment assessed against the property of such owner, as appears by the bond-lien docket described in Section 258 of this Charter, with the amount of one-half year's interest, but not to exceed six per cent per annum on unpaid assessments or installments. The first payment aforesaid shall be due and pay- able at the expiration of six months from the date of such assess- ment in the bond lien docket and subsequent payments at the ex- piration of each six months 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 days, then the same shall be collected in the same manner and with the same penalties as delinquent street or sewer assessments are col- lected. It shall be the duty of the Auditor and Treasurer, when the installments and interest on any assessment in the bond-lien docket are due, to make the proper extensions of such installments and interest on said bond-lien docket, and it shall be the duty of the Treasurer to notify the owner or owners of property that the installments aforesaid are due and payable; but a failure of such owner or owners to receive such notice shall not be taken or held to prevent the collection of the same as herein provided. The Treasurer shall issue a receipt to the person or persons paying said installments and interest, and shall file duplicates of said receipts with the Auditor. The Auditor and Treasurer shall make the proper entries on said bond-lien docket, showing the amount of each payment, and the date thereof; provided, 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 treasur}' the whole amount of the assessment 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 Auditor the receipt of such Treasurer (in which receipt shall be stated not only the amount of such payment, but also a descrip- tion of the lot or parcel of land or other property upon which such payment is made), the Auditor shall enter in such lien docket opposite the entry of the lien therein, the fact of such payment and the date thereof, and such payment made and entered in such bond lien docket shall be and operate as a discharge of such lien to the amount of such payment and from the date thereof. [Am. Nov. 2, 1912, §361e.] STREETS AND THEIR IMPROVEMENT 111 Sec. 261 — Disposition of Funds : The Treasurer receiving any funds accruing by virtue of this Article (Sections 256 to 264, both inclusive), shall keep such funds and the amount thereof separate and apart from other funds. The amount of such funds paid on account of installments and interest on unpaid installments shall be placed to the credit of funds to be known and designated as "Street Extension Bond Sinking Fund" and "Street Extension Bond Interest Fund'' respectively. The amount placed to the credit of the "Street Extension Bond Sinking Fund" shall from time to time, under the direction of the Council, or other competent authority, be deposited in a bank, subject to the provisions of Section 293* of this Charter, or be invested in or used for the purchase of bonds of the City. In the purchase of bonds the premium and accrued interest thereon shall be paid out of the extension bond interests fund, and all interest received by the Treasurer on account of coupons due shall be placed to the credit of the street extension bond interest fund. Interest due on street extension bonds shall be paid out of the street exten- sion bond interest fund. All bonds purchased by the City shall be held by the Treasurer as a sinking fund, and shall be disposed of by direction of the Council, when required for the redemption of bonds previously issued as they shall become due and payable. [Am. Nov. 2, 1912, §361f.] ♦Retained as Ordinance. Sec. 262 — Entries op Payments — Discharge of Lien : Entries of payments of installments, interest and costs, made under the provisions of this act, shall be made in the bond-lien docket aforesaid as the same shall be received, with the date thereof, and such payments made and entered in said bond-hen docket shall be and operate as a discharge of such lien, to the amount of such payments, and from the date thereof. [Am. Nov. 2, 1912, §361g.] Sec. 263 — Limitation of Indebtedness Not Applicable : No obligation incurred by the City by virtue of Sections 256 to 262, inclusive, of this Charter shall be deemed or taken to be within or any part of the limitation by law as to indebtedness. [Am. Nov. 2, 1912, §361h.] Sec. 264 — Methods of Bond Redemption: At any time after the bonds which may be issued under Sec- tion 259 shall become payable, the City may redeem such bonds, and to that end shall redeem the same consecutively by number of such bonds, commencing with number one of such bonds, and shall give notice of the readiness to redeem by publication in the special notice newspaper once each week for two consecutive weeks, giving therein the number of the bonds which shall be redeemed, and the time at which such rdemption will be made, and after such time 112 POKTLAXD CITY CHARTEE so fixed for redemption, no interest shall accrue or become payable on such bonds so notified for redemption. [Am. Nov. 2, 1912, §361i.] Sec. 265 — Eatleoad Grade Crossings : The Council shall have the right, power and authority to deter- mine whether any railroad crossing of any street or highway within the corporate limits of the City of Portland is dangerous, and to provide for the elimination of any grade crossing of any railroad on such street or highway whenever, in the opinion of the Council, it is necessary to eliminate the same. [Am. June 2, 1913, Subdiv. a, §3721/2,.] Sec. 266 — Elimination of Eailroad Grade Crossings : Whenever the Council shall deem that any crossing of a rail- road and street or public highway is dangerous to public safety the Council may by ordinance require the City Engineer to prepare plans and specifications for, and estimates of, the cost of making such change as will eliminate such grade crossing. [Am. June 2, 1913, Subdiv. b, §372i^.] Sec. 267 — Conference With Eailroad Engineer as to Plan : The City Engineer, upon being required to prepare such plans, specifications and estimates, shall confer with the civil engineer of the railroad company representing such railroad in said city for the purpose of determining upon a reasonable plan and method for eliminating such grade crossing, and in the event that said City Engineer is unable to agree with the Engineer of such railroad company as to said matter, the City Engineer shall thereupon pro- ceed to determine upon a proper and reasonable plan and method of eliminating said grade crossing: Provided, however, that in the event two or more railroads, or one or more interurban or urban car line or lines are affected by such proposed change of grade the City Engineer shall confer with the civil engineer of each of such companies for the purpose of determining upon a reasonable plan or method of eliminating such grade crossing: Provided, further, that in the event the City Engineer shall be unable to agree with such engineers he shall proceed to determine on a reasonable plan for the elimination of such grade crossing: and, provided, further, that in the event such civil engineers, or any of them, shall neglect to confer with the City Engineer after ten days' notice in writing, the City E.ngineer shall proceed with the preparation of such plans, specifications and estimates without such conference. [Am. June 2, 1913, Subdiv. c, §372 i^J Sec. 268 — Filing of Plans^ — Objections : When a plan is determined upon as herein provided the City Engineer shall file with the Auditor at his earliest convenience, and within such time as may be fixed by the Council by ordinance, the report on such matter, with the necessary plans, specifications and estimates of the cost thereof, and upon the filing thereof the STREETS AND THEIR IMPROVEMENT 113 Auditor shall immediately notify in writing the railroad, inter- urban or street railway companies interested of such filing, and each of such companies shall have thirty days from the date of the receipt of such notice within which to file with the Auditor objec- tions thereto, or to propose modifications thereof, or to file other or different plans and specifications, together with the estimates of the cost thereof : Provided, however, that the City • Engineer shall not neglect the filing of plans, specifications ^nd estimates therefor because of the inability of the engineers of such companies to agree, or their failure or neglect to confer with him in regard to the same or their neglect to attend such conference as the City Eingineer may call. [Am. June 2, 1913, Subdiv. d, §3721/2.] Sec. 269 — Consideeation of Plans — Damages and Benefits : The Council, at any regular meeting held within three months after the expiration of said thirty-day period mentioned in Section 268 hereof, shall consider the report, plans, specifications and esti- mates filed, and may refer the same to a committee thereof, in which event the Auditor shall give five days^ notice in writing to the company or companies interested when such committee will consider said matter, which notice must be mailed to such company or companies, and at the time specified said company or companies may attend and b© heard thereon, and thereafter such committee shall make its report containing its findings and recommendations to the Council, and thereafter the Council shall select from said plans so submitted the plan and method for eliminating said grade crossings and adopt specifications therefor, or dismiss said pro- ceedings. Upon the determination by the Council of the manner of eliminating such grade crossing if it appear that a change of grade be required upon any portion of such street or road, it shall determine whether such grade shall be changed with or without considering damages to adjacent property. If it determine to con- sider damages to adjacent property it shall require the City En- gineer to determine and report to the Council the amount of dam- ages which such property may sustain by reason of the change of such grade. The basis for the determination of such damages shall be the depreciation, if any, in the market value of such property on account of such change of grade, and in reckoning such deprecia- tion of the market value the City Engineer shall take into account the benefits, if any, and the effect which such proposed improve- ment will have upon the market value of such property, and also the probable amount of the assessment which may be placed against such property on account of the making of such improvement. The City Engineer shall, at his earliest convenience, file with the Auditor a report in writing setting forth the amount of damages which the owners of the lots, blocks and parcels of land affected by such change of grade will, in his opinion, sustain thereby. [Am. June 2, 1913, S'ubdiv. e, §372 VaJ 114 POETLAND CITY CHARTEE Sec. 270^ — Apportionment of Damages and Benefits — General Provisions : . Upon the filing of such report the Auditor shall forthwith publish in the city official newspaper a notice that such report has been filed and shall state the amount of damages sustained by each property owner, specifying the property for which such damage is allowed. Such notice shall be published for four consecutive inser- tions in the city official newspaper. Said notice shall also state the date when said report of the City Engineer will be heard by the Council, which date shall be not less than five days from the date of last publication of such notice;, and shall further state that objec- tions thereto may be made in writing and filed with the Auditor at any time prior to the day of such hearing. At the time fixed for such hearing the Council shall hear and consider said report and all objections and remonstrances thereto, or may refer the same to any committee which shall further consider the same, hear all evidence offered and report thereon to the Council, and at any time thereafter the Council shall determine the amount of damages to be awarded to any or all persons on account of such change of grade. An appeal may be taken fromi the act of the Council to the Circuit Court of the State of Oregon for the County of Mult- nomah, but such appeal shall be prosecuted within twenty days after the determination of the damages, if any, by the Council. Such appeal shall be taken by serving notice of appeal upon the City Attorney and filing the same with proof of service, together with an undertaking with one or more sureties who shall have the qualifications of sureties on appeal from the Circuit Court to the Supreme Court, and if excepted to shall justify in like manner, conditioned that such appellant will pay all costs and disbursements that may be awarded against him on appeal. The City of Port- land shall be considered the plaintiff and such appeal shall be con- ducted and be heard and determined, as far as practicable, in the same manner as an action at law. The jury shall view the prop- erty in question and its verdict shall be a final and conclusive deter- mination of the question of damages. The cost of making such change and improvement determined upon by the Council, or by the jury on such appeal, shall be apportioned as follows: Sixty per cent thereof shall be paid by the railroad company owning or controlling such railroad at such crossing, and twenty per cent thereof by the City of Portland from its Special Bridge Fund, and twenty per cent thereof shall be assessed against the property bene- fited thereby and comprised within a district to be fixed or determined upon by the Council and in arriving at the cost of such change and improvement the raising or lowering of the track or tracks involved shall not be included in said percentage to be paid by said City and by the property in said improvement district except as to the extent embraced within the STREETS AND THEIR IMPROVEMENT 115 boundaries of such street or highway, but all other costs and ex- penses including the abutting property damaged shall be included, and whenever said street or highway is occupied or used by another railroad, street railway, interurban or urban railway company or companies, or whenever said street crosses more than one railroad and the same are embraced and included within the same improve- ment, then sixty per cent to be paid by such railroad shall be ap- portioned among all the railroads, street car and interurban rail- way companies affected by such change, and in addition to such sixty per cent so to be apportioned among said companies, the cost and expense resulting from the raising or lowering of the tracks of said companies, or any of them, shall be likewise apportioned among all of said companies, but the proportion of said sixty per cent and of such additional cost of raising or lowering the grades or tracks to be borne by each of said respective companies shall be determined by the Council unless said interested companies within thirty days after the final determination of the Council ordering said improvements shall file with the Auditor their mutual agree- ment thereon. [Am. June 2, 1913, Subdiv. f, §3721/2.] Sec. 271 — Fund for Payment of Damages : In case of the allowance of damages to adjacent property, by reason of such change of grade the City shall, upon final deter- mination of the amount to be awarded to each property owner as soon as can reasonably be done, transfer from the Special Bridge Fund of the City, or any other available fund, to the special assess- ment fund to be created as hereinafter provided, an amount suffi- cient to pay all such awards of damages, and thereupon warrants shall be drawn in favor of the various parties entitled thereto, in the respective amounts awarded, which warrants shall be payable upon demand, together with interest thereon from the date thereof at the rate of six per cent per annum, and shall be delivered to such persons upon their application therefor as hereafter provided ; and from the time that such warrants are drawn such city shall have power and authority to proceed with the making of such changes and improvements, but none of such warrants shall be delivered until all such property owners, who have been allowed damages, file their written acceptance of such allowance, or the time for contesting the same shall have expired without any con- test, or until any and all contests shall have been finally determined. The advancement herein provided for, together with interest there- on at the rate of six per cent per annum from the date thereof, shall be deemed a part of the cos^ of such alteration and improvement and shall be included in the apportionment hereinbefore specified, and the amount of such advancement, together with interest as aforesaid, shall be returned to the fund from which the same was 116 POETLAND CITY CHARTER advanced, excepting, however, twenty per cent thereof which is to be borne and discharged by said City as above provided. [Am. June 2, 1913, Subdiv. g, §372 1^,] Sec. 272 — Publication ; Remonstrances ; Collection of Assess- ment : The Council shall, before adopting plans and specifications for such work, by resolution describe the property benefited thereby and to be assessed for the portion of the cost thereof above specified, and notice of the adoption of such resolution shall be given in the same manner as is stated in Section 376* of said Charter, and re- monstrances may be made by property owners, but such property owners shall not have the right by remonstrance to veto or defeat such proposed improvement. Said remonstrance shall be filed with the Auditor within the time to be fixed by said resolution and upon the expiration of such time the Council shall determine whether or not to proceed with said matter. If it determine to proceed it shall by ordinance fix such assessment district and fix the time and manner of making such change and improvement and adopt plans and specifications therefor as provided by paragraph e (Section 269) of this Act. A contract or contracts for the doing of such work and the furnishing of such material as may be necessary under the plans and specifications therefor adopted for the purpose of making such change and improvement shall there- upon be made, which contract shall be awarded, entered into and the work inspected and accepted and the assessment of that portion of the cost assessable against the property within the assessment district made in the same manner and with the same effect as is or may be provided by charter for street improvements, but such contract shall not embrace the work of raising or lowering the rail- road tracks beyond the marginal lines of the street or highway. Assessments made as herein provided shall be entered in the Docket of City Liens in the same manner as is or may be provided by the Charter for the collection of street assessments and the amount to be paid by said railroads, street railways and urban companies shall also be entered in the Docket of City Liens and shall constitute a lien against any real property of each of such companies in the City of Portland including its rights of way, depots, freight yards and stations and if any such company or companies fail to pay or bond the same within the time provided for paying or bonding assess- ments for street improvements, the City may proceed by mandamus to require the payment thereof, or may proceed to collect the same by a suit or action or in the same manner as other assessments are or may be collected as provided by the Charter in the matter of the collection of delinquent street assessments or by any and all of such methods. [Am. June 2, 1913, Subdiv. h, §372 1^.] * Retained as Ordinance. STREETS AND THEIR IMPROVEMENT 117 Sec. 273 — Bonding Assessments : Any and all persons whose property may have been assessed for such improvement, including such company or companies, shall have the right to bond such assessments in the same manner as is or may be provided by the Charter for bonding assessments. No formal proceedings shall be required or had relative to changing the grade of such road or street further than herein specified, and upon the completion of such improvement, the grade of such road or street shall be duly altered and changed in accordance with the grade established by the provisions of this act, and the City En- gineer shall make suitable record thereof. [Am. June 2, 1913, Subdiv. i, §372 1^.] Sec. 274 — Railway Companies Not Relieved from Duty to Pave : Nothing in this act shall impair the right of the City of Port- land to require any street car company or companies or railroad company or companies, having a franchise on any such street or road to pay for the cost of paving and improving such portion of such street or road as may be provided by the franchise of such company or otherwise. [Am. June 2, 1913, Subdiv. j, §3721/2.] Sec. 275 — Remedy Under Art. Ill, Chap. 4, Charter — Not Affected : The remedy provided by Sections 365 to 372, inclusive, of Article III, Chapter VI of the Charter*, providing. for the estab- lishment and change of grades shall in no manner be affected by this act, but the provisions of this act shall be construed as an additional remedy thereto and shall apply only to the elimination of railroad grade crossings on public streets and highways.^' [Am. June 2, 1913, Subdiv. k, §372 1/2 i] ♦Retained as Ordinances. Sec. 276 — County Roads As City Streets; Relinquishment to County : All county roads lying within the limits of the City of Portland, which have not been laid out or accepted as streets by the authority of said City, shall remain and be county roads until they shall be laid out or accepted by said authorities as streets, and be under the jurisdiction of the County Court of Multnomah County, Ore- gon, and shall be worked, maintained- and improved as county roads outside the limits of said City are worked, maintained and im- proved. The Council may by resolution, upon order of the County Court signifying its willingness to accept the same, relinquish for the purpose of working or improving the same, to the county, con- trol of all that part between the curb lines of any street connecting with the county road. Thereupon such street shall, to that extent, be under the control of the County Court and shall be worked and 118 PORTLAN^D CITY CHAETER improved in like manner as county roads until such time as the County Court relinquishes jurisdiction of the street. [Ch. 1903, §422.] Sec. 277 — ^C^arter to Govern Pending Proceedings : Nothing in this Charter shall affect in any way the validity of any proceedings pending at the time that it shall take effect for the opening, widening, laying out or establishing of any street, or for the change or establishing of any grade there- on, or making any kind of street improvement, or for the con- struction of any drain or sewer, and the levy and collection of assessments therefor, but such proceedings that shall have been taken shall be deemed to be regularly and legally taken and all such proceedings thereafter, of whatever nature, shall be proceeded with and enforced in accordance with and by virtue of the provisions of this Charter. [Ch. 1903, §423.] Sec. 278 — State Bonding Act to Apply : The act of the Legislative Assembly of the State of Oregon entitled "An Act to provide for the issuance of bonds for the im- provement of streets and laying of sewers in incorporated cities and for the payment of the costs of such improvements, and the laying of sewers by installments,'^ filed in the office of the Secre- tary of State February 22, 1893, and its amendments, is not in any way or degree affected hereby, and said act and its amendments shall apply and be in force in the City of Portland hereby incorpo- rated. [Ch. 1903, §425.] Sec. 279 — Distribution of Assessments Bonded : In case a tract or parcel of land is bonded for any public im- provement, the Council is authorized upon a written application when such tract is afterwards subdivided to apportion the lien of indebtedness standing against the whole tract, upon the different lots, and is authorized to release a lot or lots, upon the payment or rebonding, from, all liens except the amount thus apportioned against such lot or lots. [Am. May 3, 1913, §108.] CHAPTER XII. MISCELLAJSTEOUS. Sec. 280 — General Park Act Not to Apply : The act of the Legislative Assembly of the State of Oregon entitled "An Act to Provide for Park Commissioners and the acquisition of land for parks and the management thereof, approved February 17, 1899,'' shall not nor shall any of its provisions apply to the City of Portland incorporated under this act. [Ch. 1903, §424.] STEEETS AND THEIR IMPROVEMENT 119 Sec. 281 — No Liabilio^y for Defective Condition of Sidewalks, Etc. No recourse shall be had against the city for damage or loss to person or property suffered or sustained by reason of the defective condition of any sidewalk, street, avenue, lane, alley, court or place, or by reason of the defective condition of any sewer, or by reason of any defective drainage, whether any of said defects originally exist- ed, or whether they were occasioned by construction, excavation or embankment; nor shall there be any recourse against the city for want of repair of any sidewalk, street, avenue, lane, alley, court or place, or by want of repair of any sewer; nor shall there be any recourse against the city for damage to person or property suffered or sustained by reason of accident on sidewalk, street, avenue, lane, alley, court or place, or by falling from any embankment thereon or into any excavation therein; but in such case the person or per- sons on whom the law may have imposed the obligation to repair such defect in the sidewalk, street or public highway, or in the sewer, and also the officer or officers through whose official negli- gence such defect remains unrepaired shall be jointly and severally liable to the party injured for the damage sustained. [Ch. 1903, §8.] Sec. 282 — Claims for Damages : Every claim for damages against the City must be presented to the Council and filed with the Auditor within six months from the taking effect of this Charter or within six months after the time when such claim for damages accrues ; otherwise' there shall be no recovery on any such claim. No ordinance shall be passed allow- ing any such claim, or any part thereof, or appropriating money or other property to pay or satisfy the same, or any part thereof, until such claim has been referred to the proper department, nor until such department has made its report to the Council thereon pur- suant to such reference, unless judgment has been rendered on such claim. No action shall be maintained against the City for any claim for damages until the same has been presented to the Council and filed with the Auditor as above set out and sixty days have elapsed after such presentation. [Ch. 19.03, §9.] Sec. 283 — Retaining Charter Provisions as Ordinances : That so much of Sections 167 to 268 and 287 to 305, both in- clusive, and of Sections 328 to 345, both inclusive (Charter of 1903), as is not inconsistent with the provisions of this Charter shall remain in effect as ordinances only subject to repeal or amend- ment by the Council in like manner and with like effect as other ordinances passed by the Council. [Am. May 3, 1913, §96.] 120 PORTLAND CITY CHAETEE Sec. 284 — Local Improveme^s^t Code : That so much of Sections 346 and 347, 348, 349 and 350 as heretofore amended, and of Sections 362 to 421, both inclusive, of the Charter of 1903, as is not inconsistent with the provisions of this Charter shall remain in full force and effect as ordinances only sub- ject to repeal and amendment and to the enactment of new legisla- tion by the Council in the manner and subject to the restrictions in this Section provided upon the subject of improvements of whatever nature to be paid for by local assessment. Such Sections shall be known as the Local Improvement Code. No repeal of any portion thereof, amendment thereto nor new legislation upon the subject shall be made by the Council except by ordinance which shall be published in full and in its final form in the City Official News- paper at least thirty days before its final passage. Notice shall be given in the City Official Newspaper and by publishing conspicuous advertisements in one or more daily papers published in the City of Portland having a circulation of not less than 1500 not less than five times, the last of such notices to be published not less than ten days before the final adoption of any such amendment, repeal or new legislation. Upon the adoption of any amendment to or the re- peal of any part of such Local Improvement Code or the adoption of any new legislation upon the subject, the whole Local Improvement Code shall be printed in pamphlet form and the Auditor shall be furnished with a sufficient number of copies thereof for distribution to all persons inquiring for the same. The Council, in the exercise of its general legislative powers, may provide in its discretion for the performance of any public work by or on behalf of the City and for the method of payment thereof, but said Local Improvement Code must provide for the giving of not less than ten days' notice by publication, or by mailing to' persons interested, (a) of the in- tention to make any improvement, and (h) of any proposed assess- ment against property owners for the same, and the right shall be preserved to the owners of sixty per centum in extent of the prop- erty affected by any assessment for a local improvement except for street opening or sewers to defeat the same by remonstrance. LAm. May 3, 1913.1 Sec. 285 — Eepealing 1898 Charter: The act entitled "An Act to incorporate the City of Portland and to provide a Charter therefor, and to repeal all acts or parts of acts in conflict therewith/^ filed in the office of the Secretary of State October 17, 1898, and all acts and parts of acts in conilict with this Charter are hereby repealed. [Ch. 1903, §426.] Sec. 286 — Emergency Clause 1903 Charter. Whereas, there are several bridges upon important thorough- fares and car lines in the City of Portland, now old and in a dilapi- dated and ruinous condition, dangerous to life and property: and, STREETS AND THEIR IMPROVEMENT 121 Whereas, there is an immediate necessity for the constmction of new bridges in the place of said old ones in order to provide for the safety of the people of said City ; and, Whereas, there are no ways or means by which under the present Charter of said City new bridges can be constructed in place of the old ones ; and. Whereas, the fort^oing Act provides ways and means available at once for the construction of new bridges ; and. Whereas, there is otherwise a necessity for the immediate adop- tion of the foregoing Act to insure the health, peace and safety of the people of Portland, Therefore, this Act shall take effect and be in force from and after its approval by the Governor. [Ch. 1903, §427.] Sec. 287 — Revision of Charter — Codification of Ordinances : The Auditor of the City of Portland is hereby authorized to renumber the foregoing Sections, providing for a commission form of government, and insert the same in proper place in the Charter of 1903, and thereafter have the same published in pamphlet form. Immediately after this Charter goes into effect the Council shall revise, codify and arrange in appropriate chapters, articles and sections, the Charter and general ordinances of the City of Portland. [Am. May 3, 1913.] Sec. 288 — Charter Effective July 1, 1913 : This Charter shall go into effect on the first day of July, 1913, except that the provisions hereof for election shall be in effect im- mediately upon its adoption and an election shall be held pursuant to such provisions on the first Monday in June, 1913. [Am. May 3, 1913.] Sec. 289 — Certain Nominations Void: All nominations made under the Charter of 1903 shall become void and of no effect on the adoption of this Charter. [Am. May 3, 1913.] INDEX 123 GENERAL INDEX ABANDONMENT, of franchise, 175, 182. ACCEPTANCE, of franchise, 175. ACCOUNTS, audit of, 195. selection of accountant, 195. publication of, 195. Auditor to keep, 66, 69. Mayor may investigate, 61. ACCOUNTANT, selection of, 195. ACCOUNTING, officer. See Auditor. system of, 58, 185. ACKNOWLEDGEMENT, Auditor may take, 68. ACTIONS, existing continued, 5. may be brought how and when, 5. for damages, how brought, 282. ADMINISTRATIVE CODE, Council to enact, 58. ADMINISTRATIVE POWERS, distribution of, 54. ADVERTISING, bids of Dock Commission, 163, subd. f. invitation for bids, 150. Council may regulate, 34, subd. 39, 40. official, Council to contract for, 144. property leased, 34, subd. 10. property sold at auction, 34, subd. 9. reletting of contract, 145. terms successive and consecutive defined, 147. where made, 146. ALLEYS. See Streets. ANIMALS, cruelty to. Council may prevent, 34, subd. 57. impounding of, 34, subd. 43. running at large, 34, subd. 43. ANNEXATION OP TERRITORY, Auditor to furnish plat, 12. balloting upon, 12. Council to amend boundaries, 14. Council to decide upon submission, 11. effect on county roads, 13. effect on property rights, 13. election for, 12. liability for public improvements, 15. manner of submission, 12. Petition for, requirements, 11. power of city, 10. when effective, 13. ANNUAL BUDGET, estimate for, 185, 186, 187. Council to make, 187. MayoT to prepare, 188. Mayor to submit, 59. publication of, 187. ANNUAL REPORT, Auditor, 66. Civil Service Board, 111. Dock Commission, 163, subd. k. Mayor, 59. 124 PORTLAND CITY CHARTER APPOINTIVE OFFICERS. See Officers. APPOINTMENTS, how made, 93. APPROPRIATION, expense of registration, 134. must be for specific purpose, 193. precede issue of warrants, 193. ASSESSMENTS, benefits for elimination of railroad grade crossings, 272. bonded, reapportionment when property divided, 279. bonding, see Improvement Code, 284. cost of improvements, 152. elimination of railroad grade crossings, bonding of, 273. funds, how expended, 193. proceedings pending not affected by charter amendments, 277. special, see Improvement Code, 284. street extensions, 260. AUCTION, city property to be sold at, 34, subd. 9. AUDIT OF ACCOUNTS, Council to provide for, 195. Dock Commission books, 163, subd. m. selection of accountant, 195. AUDITOR, acknowledgment, may take, 68. administer oaths, 68. annexation of territory, furnish plat, 12. annual report, 66. annual report of public utilities, 157. audit all accounts, 69. authority limited, 71, 72. bond of, 65. clerk of Council, 77. Civil Service Board, act as secretary, 99. demands, allowance of, 73, 74. approved by, 73. record of, 69, 70. deputies and clerks, 67. powers of, 67. salaries of, 67. Dock Commission, may audit books, 163, subd. m. drawing of warrants, 75, duties, 65. election of, 21, 123. election ballots, preparation of, 129, 131. canvas of returns, 138. certificate of, 140. file list of candidates, 125. notice, publication of, 125, 135. returns to, 132, subd. a. statement of returns filed with, 139. franchises, record of, 180. inventory, annual, 66. licenses, issuance of, 76. nomination petition, preservation of, 124, subd. h. nomination certificates, 124, subd. a-g. ordinances, Dock Commission, record of, 163, subd. g. attestation of, 51. ownership books, kept by, 79. payment to negligent official, 72. payment to persons indebted to City, 72. qualifications, 64. records, certified copies of, 78. INDEX 125 AUDITOR, continued. report on franchises, 66. report on permits, 66. revenue from public utilities, 160. salary, 65. term of, 21, 64. time of assuming office, 123. vacancy, how filled, 64. warrants, register of, 74. AUDITORIUM. See Public Auditorium. AVENUES. See Streets. AYE AND NAY VOTE, of Council, when taken, 39, 44. BACK TAXES, annulment, 194. BALLOTS. See Election. BANNERS, across streets. Council to regulate, 34, subd. 41. BARBED WIRE FENCES, Council may prevent, 34, subd. 65. BAWDY HOUSES, Council may suppress, 34, subd. 49. BEGGING, prohibited on streets, 34, subd. 58. BELLS, Council may regulate ringing, 34, subd. 39. BEQUESTS. See also Gifts. Council may accept, 34, subd. 5. BIDDER, city contract, officers and employes not to assist, 95. BIDS, right of Council to reject, 158. BILLBOARDS, Council may regulate, 34, subd. 40. BOARDS, abolishment of existing, 17. Council may create, 17. Council may investigate, 32. power of, exercised by Council, 16. seal of, 34, subd. 16. BOILER INSPECTOR, office of, 34, subd. 28. BONDS, indemnity, additional surety, 86. Auditor, 65. city to secure employes' wages under, 34, subd. 14. contractors, conditions, sureties, 149. laborers, etc., right of action on, 149. subordinates may be required to furnish, 90. Treasurer, 88. municipal, authority to issue, 228, 277. Broadway Bridge, 236. Council may regulate, 34, subd. 39. crematory, 165, 238. Docks, 163, subd. 1. disbursement of proceeds, 163, subd. m. sinking fund, 163, subd. 1. validated, 228. exempt from taxation, 229. fire boat and mains, 237. garbage collection, 228, 252. Hawthorne Avenue Bridge, 231, 232, improvement, not included in limitation, 228. incinerating plant, 165. jail, 249, 250. limitation on issue, 34, subd. 24. 126 PORTLAND CITY CHARTER BONDS, continued. not included in indebtedness, 160. park and boulevard, 230. Public Auditorium, 228. sale of sinking fund) 245. public utilities, 152. purchase by sinking funds, 192. refunding, 229. sale to highest bidder, 227. street extension^ 259. redemption of, 264. not included in indebtedness, 263. validating previous issues, 228. water, 228. official, 23. action on, 23. additional may be required, 86. approval by Council, 23. conditions of, 87. failure to file, 29. filed with Auditor, 23. liability on, 89. premium, how paid, 23. sureties, 23. Council may require additional, 23. city officers not accepted as, 87. individuals allowed, 88. justification, 87. requirements, 88. Treasurer, sureties, 88. BONDING ASSESSMENTS. See also Improvement Code, 284. elimination of railroad grade crossings, 273. street extensions, 256-264, reapportionment where property is divided, 279. BONDING ACT, state applicable to city, 278. BONDED INDEBTEDNESS, city not to increase, 34, subd. 24. limitation, 160. refunding, 229. street extension bonds not included, 263. BONDED INDEBTEDNESS INTEREST FUND, tax levy, 190. BOOKS, Council may compel production, 32. BOOKS AND RECORDS. See Records. BOULEVARDS. See also Streets. Council may designate street as, 34, subd. 67. BOUNDARIES, amendment of, 14. description of, 9. BRIBERY, penalty for, 117. BRIDGES, Broadway, bond, 236. charge for cars, 184. county to operate, 184. franchises on, 184. Hawthorne Avenue, 231. regulation of cars over, 184. right of city inalienable, 7. INDEX 327 BUDGET. See also Annual Budget. annual, 185-187. Council to act on, 188. Mayor to prepare, 188. publication of, 187. BUILDINGS, city may lease, 2, 8. city may sell, 2, 8. construction of, regulation, 34, subd, 32. extended into street, 34, sul3d. 65. inspection of, 34, subd. 18. public, city has control of, 2. lighting of, 34, subd. 13. unsafe, removal of, 34, subd. 32, 33. within fire limits, regulation of, 34, subd. 34. CALENDAR, of Council, 38. CANDIDATES, list of. Auditor to file, 125. list of, ballot to contain, 129. CELLARS, regulation of, 34, subd. 30. CERTIFICATE OF ELECTION, Auditor to prepare, 140. CERTIFIED COPIES, Auditor to make, 78. fees for, 78, 92. CESSPOOLS, must connect with sewer, 34, subd. 29. CHARTER, amendments, on ballots, 130. of 1903, how designated, 1. as amended, how designated, 1. effective, when, 288. emergency clause, 286, franchises subject to, 177. provisions retained as ordinances, 283, 284. repeal of 1898, 285. revision of, 287. specific powers granted Council by 1903, 34. CHIEF OF POLICE. See Police Bureau. CHILDREN, cruelty to, 34, subd. 57. CHURCHES, Council may regulate, 34, subd. 31. CIGARETTES, sale of, regulation, 34, subd. 49. CITIZENS, preference given in employment, 122. CITY ATTORNEY, act for Dock Commission, 163, subd. c. advise Board of Trustees Firemen's Pension Fund, 223. appointive, 80. deputies of, 81. not subject to Civil Service, 97. number and salaries, 81. qualifications, 81. subject to direction of Mayor, 60. CITY BOUNDARIES. See Boundaries, 9, 14. CITY CONTRACTS. See Contracts. CITY EMPLOYES. See also Employes. Council may investigate, 32. CITY ENGINEER, appointive, 80. not subject to Civil Service, 97. pass upon franchises, 183. plan elimination of railroad grade crossings, 267. prepare plans for transportation terminal, 183. 128 PORTLAND CITY CHARTER CITY FUNDS. See also Funds, 191, 192, 193. to be paid into treasury, 94. CITY GOVERNMENT, departments of, 54. CITY HALL, office hours, 34, subd. 19. CITY OFFICIAL NEWSPAPER, Council to select, 144. advertising in, 146. reletting of contract, 145. CITY TREASURER. See also Treasurer. chief deputy, not subject to Civil Service, 97. CIVIL SERVICE, appointments, 100-104. Board to be notified of, 104. how made, 97. persons serving six years, 106. restriction on, 106. temporary, 105. when permanent. 104. Board, access to public records, 113. appointment, qualifications, 98. annual report, 111. certify employes to Auditor, 113. certify eligible list, 104. continued, 17. control examinations, 102. Council to provide office, 112. designate examiners, 102. eligible list, rules governing, 103. evidence, compel production of, 114. expense, Council to pay, 112. file examination papers, 101. furnish list of public accountants, 195. investigation of removals, 108, 114. keep roster of employes, 113. make and publish rules, 101. make classifications, 100. may examine records, 114. reports, annual, 111. secretary, administer oaths, 114. appointment, duties, 99. Auditor may act as, salary of, 99. subpoena witnesses, 114. classifications, 106. Board to make, 100. citizens given preference, 122. Commissioners, appointment, qualifications, 98. misdemeanor, what constitutes, 115. compensation, 98. vacancies, how filled, 98. consulting employes exempted, 83. Dock employes, subject to, 163, subd. .j. eligible list, Board to keep, 103. employes, bribery, 117. discharge, investigation, 108, 222. discharge, order of, 109. entitled to certification, 113. political contribution, 116, 119. present incumbents, 110. probationer, discharge of, 104. INDEX 129 CIVIL SERVICE, continued. Public Auditorium, 243. public, defined, 117. reappointment, 109. recommendation, 118. reduction for political reasons, 119. reduction in force, 109. religion, 118. removal, investigation, 108. roster of, 113. serving six years, 104, 106. suspension of, 109. transfer of, 106. using intoxicating liquors, 106. examinations. Board to control, 102. fraud or misrepresentation, 115. notice of, how held, 102. papers on file, 101. promotions, weight of record, 107. public, competitive, 102. recommendations, 118. who eligible, 102. examiners, designated by Board, 102. misdemeanor, what constitutes, 115. no compensation, 102. firemen, discharge of, 222. investigations, 114, false swearing, perjury, 114. extent of, 108. probation period, 104. promotions, 100, 101. how made, 97. rules for, 107. weight of efficiency record on examination, 107. provisions, refusal to comply with, 120. violation of, a misdemeanor, 120. violations, Circuit Court jurisdiction of, 121. violations of, penalty, 121. reappointments, order of, 109. recommendations relating to religion, 118. removals, investigation, 108. residents given preference, 122. roster of employes, 113. rules, Board to make and publish, 101. for promotions, 107. governing eligible list, 103. to whom applied, exceptions, 97. secretary, not subject to Civil Service, 97. suspensions, 109. temporary appointments, 105. vacancies, how filled, 104, 107. CLAIMS. See Demands, 69-75, 193. damages, action on, 282. CLEANLINESS, city to provide for, 34, subd. 25. CLERKS. See Employes. CLERK OP COUNCIL, 77. CODIFICATION OF ORDINANCES, 287. 130 PORTLAND CITY CHARTER COMMERCIAL RAILROADS. See Railroads. COMMISSIONS, abolishment of existing, 17. Council may create, 17. powers of exercised by Council, 16. COMMISSIONERS. See also Officers. action on bond, 23. appoint and remove subordinates, 82. assignment to departments, 55. bond, 23. contracts, interest in prohibited, 24, 25. control of department, 56. election of, 21, 123. election, tie in, Council to determine, 141. entire time to city business, 26. estimate expenses, 186. interest in public service corporations prohibited, 24. may object to ordinances, 52. not subject to suspension, 62. oath of, 27. other business prohibited, 26. pay to cease when, 29. qualifications, 22. salary, 28. subject to power reserved in people, 20. term of, 21. vacancy in office, 22, 24, 29, 30. COMMON TRANSPORTATION TERMINAL, plans for, 183. relation to franchises, 183. COMMON USER, franchise, 177, subd. e. railroad tracks, 169. COMPETITIVE BIDDING, improvement and supplies, 150. CONCEALED WEAPONS, carrying of, 34, subd. 56. CONSECUTIVE, defined, 147. CONSULTING EMPLOYES, see employes. CONTESTED ELECTIONS. See Elections. CONTRACTS, authorized by Council, 148. Council may provide for entering into, 34, subd. 4. Dock Commission, letting of, 163, subd. f. elimination of railroad grade crossings, 272. existing liability validated, 6. in writing when, 148. legal proceedings to enforce, 5. limit of duration, 34, subd. 4. lowest responsible bidder, 150. Mayor and Commissioners not to be interested in, 24. officers and employes not to be interested in, 25, 91, 95. official advertising, reletting of, 144, 145. over $250.00 to be in writing, 148. Public Auditorium, 241. street lighting, 34, subd. 13. violations, report of, 63. CONTRACTORS, bond, laborer's right of action on, 149. sureties on, 149. city to secure wages of employes of, 34, subd. 14. CORPORATE NAME, of city, 2. CORPORATE POWERS, continuation of, 2. INDEX 131 COUNCIL, action on budget, 188. acts not invalidated by participation of deposed member, 29. appropriate land for sewer and water mains, 34, subd. 11, aye and nay vote, when taken, 39. calendar of, 38. clerk of, 77. election of president, 37. emergency fund, 31; 34, subd. 22. enact administrative code, 58. enumeration of power not a limitation, 36. estimate value of franchise, 174. exercise power of former boards, 16. files of, 77. general grant of power, 18, 20. investigate public utilities, 156. issue public utilities certificates, 155. journal of, 42, 77. judge of election of members, 141. jurisdiction over the Willamette River, 34, subd. 75, 78. jurisdiction relating to transportation terminals, 183. limit expenditures, 193. may change block designations, 34, subd. 68. may create boards and commissions, 17. may-create office of building inspector, 34, subd. 34. meetings of, 37. when held, public, 42. members, may punish, 41. may compel attendance of, 41. personal liability, 193. privilege in debate, 40. police power, 34, subd. 1. power, specific grant of, 34. of eminent domain, 34, subd. 11. of enacting franchises, 176. subject to initiative and referendum, 20. to abolish boards and commissions, 17. to purchase or condemn property, 34, subd. 6. prescribe duties of officers and employes, 57. presiding officer of, 37. president of, to sign ordinances, 51. quorum of, 43. record of, 77. right to reject bids, 150. rules of procedure, 41. tax levy, 180, 190, 202. tax levy for docks, 163, subd. k. transaction of business, 44. transfer funds, 191, 192. vacancies in office of Mayor and Commissioners, 30. voting, manner of, 44. what constitutes, 20. COUNCILMEN. See Commissioners. COUNTY ROADS, effect of annexation, 13. relinquished as streets, 276. within the city, 276. CREMATORY, bonds, 165, 238. management of, 238. 132 PORTLAND CITY CHARTER CRIPPLES, exhibition of, 34, subd. 58. CRUELTY TO CHILDREN AND ANIMALS, Council may prevent, 34, subd. 57. DAMAGES, action to recover, 282. DAY WORK, employes of city, 122. DEBATE, members of Council privileged in, 40. DEBTS, Council to pay, 34, subd. 20. limit of, 160, 228. DEFALCATION, city officer, suspension for, 62. DEFECTIVE STREETS AND SIDEWALKS, city not liable, 281. DELINQUENT TAXES, property purchased for, 34, subd. 8. DEMANDS, allowance of, 73, 74. approval, limited, 71-73. how paid, 75. interest on fixed charges, payment of, 193. no preference given, 74. record, Auditor to keep, 69, 70. persons indebted to city, 72. DEPARTMENTS, of city, 54. account of, record, 58. assignment of Commissioners, 55. cost data, 58. Council may investigate, 32. efficiency records, 58. employes, bonds, 90. expenditures, comparison of, 58. time reports, 58. DEPOT, streets near not to be vacated, 7. DETENTION HOME, Council may establish, 35. DISEASE, contagious, city to prevent, 34, subd. 25. DOCKS, charges for use of, 163, subd. h. Commission may build, 163, subd. i. Department of, 17, 161. jurisdiction over, 34, subd. 77, 78. right of city inalienable, 7. streets occupied for improvement of, 8. vacation of streets for, 163, subd. i. Dock Act, of 1907 repealed, 164. no effect on Port of Portland, 163, subd. e. DOCK BONDS. See also Bonds. disbursement, sinking fund, 163, subd. 1, m. DOCK COMMISSION, appointment of, 162. audit of books, 163, subd. m. City Attorney to act for, 163, subd. c. contracts, 163, subd. f. control of harbor, 163, subd. e. control over streets, 163, subd. e. control water front property, 163, subd. d, e. officers and employments, 163, subd. j. ordinances, record of, 163, subd. g. organization of, 162. pass upon franchises, 183. permits for water front structures, 163, subd. g. plans of, 163, subd. a, b. INDEX 133 DOCK COMMISSION, continued. powers and duties of, 163. power over streets, 163, subd. i. prepare plans for transportation terminal, 183. property of, 163, subd. c. purchase of supplies, 163. rates, power to fix, 163, subd. h. regulations, 163, subd. g. right of eminent domain, 163, subd. c. serve without compensation, 162. tax levy, 163, subd. k. vacancies, 162. DOCKAGE CHARGES, Dock Commission may fix, 163, subd. h. DOGS, Council may regulate keeping of, 34, subd. 44. impounding of, 34, subd. 44. EFFICIENCY RECORD. See also Record. each department to keep, 58. ELECTION, annexation of territory, 12. ballots, boxes, when opened, 132, subd a. candidates' statements on, 130. counting of, 132, subd a. defacing or tearing, 129. errors on, 129. form, 129, 130. how counted, 132, subd. d. marks on, 129. sample, 131. posting at polls, 131. publication of, 131. space for measures on, 130. special, 129. wrongly marking, 129. candidates, list of, 125. majority vote elects, 132, subd. d, f. 1 statement on ballot, 130. tie of vote, 132, subd. g. ■ ' certificate of, 140. primary evidence, 141. Commissioners, tie, Council to decide, 141. contested, how determined, 142. date of, 134. general municipal, 123. informalities, 126. judges and clerks, how chosen, 136. not subject to Civil Service, 97. remonstrances, objections, 136. majority, meaning of, 132, subd. h. majority vote elects, 132, subd. d, f. nominations, acceptance, 124, subd. e. Auditor to supply forms, 124, subd. certificates, form of, 124, subd. b. of officers, 124. petitions, amendment, 124, subd. d. certificates for, 124, subd. a. filing of, 124, subd. c. preservation of, 124, subd. h. 134 PORTLAND CITfY CHARTER ELECTION, continued. notice, publication of, 125, 135. posting of, 125. officers, 123. duties of, 127. notice, 125. precinct register, 128. preferential voting, how counted, 132, subd. b, f. system of, 129. qualification of voters, 127. registration, books, time kept open, 128. expense of, how paid, 133. of voters, 127, 128. returns, canvass of, 127, 132, 138, 139, subd. a. state laws applicable, 127, 128. tally sheet, 132, subd. c. tie of vote, 132, subd. g. time of assuming office, 123. validity not affected by irregularities, 124, subd. f. votes, how counted, 132, subd. b, f. majority elects, 132, subd. d, e, f. meaning of majority, 132, subd. h. voters, qualifications, 127, 137. ELECTIVE OFFICERS. See Officers. ELECTORS, registration, 127, 128. EMERGENCY CLAUSE, charter 1903, 286. EMERGENCY FUND, 31, 34, subd. 22. EMERGENCY ORDINANCES. See Ordinances. EMINENT DOMAIN, city has right of, 2, 34, subd. 11. Dock Commission has right of, 163, subd. c. public utilities, 151. right outside city limits, 3. EMPLOYES. See also Civil Service. aid Civil Service investigations, 114. appointment of, 93 bonds, 90. bribery, when guilty, 117. city contracts, interest in, 91. not to aid in securing, 95. city property, lease or purchase, 91. Civil Service. See Civil Service. consulting, 83. Department of Public Docks, 163, subd. j. disposition of city money, 94. i ' - duties of, 57. eight-hour day, 122. false reports, 95. firemen, discharge of, 222. franchise, interest in, 91. hold over, 143. Mayor may investigate, 61. political contributions, 119. public, defined, 117. public service corporations, interest in, 91. report violations of contracts, 63. salary, full compensation, 94. INDEX 135 EMPLOYES, continued. serve one or more departments, 57. time required of, 96. transfer of, 58. ENACTING CLAUSE, of ordinances, 46. ESTIMATE, for taxation, 188. of expenses, 186, 188. EVIDENCE, compel production of, 32, 199. EXCLUSIVE FRANCHISE, no power to grant, 171. EXECUTION, Council may purchase property under, 34, subd. 7. EXECUTIVE BOARD, abolished, 17. power of vested in Council, 16. EXECUTIVE POWER, distribution of, 54. EXISTING EMPLOYES, entitled to appointment, 104. EXISTING ORDINANCES. See Ordinances. EXPENDITURES, Council may limit, 193. Firemen's Pension Board, 198. publication of, 58. statement of, 66. EXPENSES, annual budget of, 188. Civil Service Board, 112. estimate of, 186. EXPERTS, Council may appoint, 83. EXPLOSIVES, Council may regulate, 34, subd. 36, 37. EXTENSION OF STREETS. See Streets. FALSE REPORTS, officers and employes, 95. FENCES, barbed wire prohibited, 34, subd. 65. FENDERS, Council may require, 34, subd. 46. FERRIES, county to operate, 184. FEES, certified copies of records, 78, 92. establishing grades, 34, subd. 18. officers, 34, subd. 17. surveying, 34, subd. 18. FIGHTING, Council may punish, 34, subd. 52. FILLS, tax levy for, 190. FINANCE, annual budget, 186. Commissioner of, 185. expenditure of money, 193. Firemen's Pension Fund, 198. fiscal year, 189. investment of sinking fund, 192. liabilities in excess of revenue void, 193. semi-annual statement, 58. tax levy, 188, 190. transfer of funds, 191, 192. FINANCIAL AFFAIRS, audit of, 195. audit to be published, 195. statement of, 185. FINANCIAL CONDITION, publication of, 58. FINE, Council power to levy, 34, subd. 3. for destruction of property, 34, subd. 47. limit of, 34, subd. 3, 35. 136 PORTLAND CITY CHARTEE FIRE, Council may take means to prevent, 34, subd. 36, 37. Council to provide for protection against, 34, subd. 35. FIREARMS, Council may regulate, 34, subd. 38. FIRE BOAT BONDS, 237. FIRE ESCAPES, Council may require, 34, subd. 35. FIRE LIMITS, Council may define, 34, subd. 34. FIRE MAIN BONDS, 237. FIREMEN, discbarge of, 222. Pension Fund, 197. FIREWORKS, Council may regulate, 34, subd. 38. FIREMEN'S RELIEF AND PENSION FUND, accounts open for in- spection, 219. act part of charter, 226. appeals, 200. back pensions, 218. beneficiaries, who are, 196, 215. board of trustees, 198. City Attorney to advise, 223. organization, 198. powers of, 199, 214. report to Council, 198. rules and regulations, 199. creation of, 196. discharge of firemen, 222. division of fire and police fund, 220. emergency duty by pensioner, 214. funeral expenses, 212. how disbursed, 201. investment of, 199. pensions, applications, 213. certificate of, 216. exempt from execution, 221. forfeiture, 217. payable monthly, 205. permanent disability, 207. prorated when fund insufficient, 218. retirement, 206. '. ' sickness, 209. temporary disability, 208. temporary firemen, 211. widows and children, 210. percentage of salaries deducted, 204. , ' powers of Council, 225. repealing clause, 224. SQurce of, 197. tax levy for, 202. tax levy, limitation, 203. Treasurer, 201. FISCAL YEAR, 189. FOOD, Council may regulate sale of, 34, subd. 73. FRANCHISE, abandonment, 175, 182. abandonment no release, 182. acceptance, 175. assignment of, 178, 179. Auditor to report on, 66. city may acquire, 151. INDEX 137 FRANCHISE, Continued. common user, 169, 177, subd. e. compensation, 177, subd. d, e. . conditions of, 174, 176, 177. Council estimate value, 174. deemed to be property, 166. exclusive prohibited, 171. forfeiture of, 181, 182. forfeiture for failure to comply with charter, 158. forfeiture, removal, restoration, 182. granted by Council, 159. holders file statement, 179. holders to improve streets, 177, subd. f. how granted, 172. industrial tracks, 167. lease of, 178, 179. Mayor may sue to annul, 60. mortgage of, 179. not used, forfeited, 181. objections to granting, 172. officers and employes not to be interested in, 91. on Broadway Bridge, 236. ordinance, effective when, 173. method of enacting, 172. subject to referendum, 173. over bridges, 184. property of grantee, city may take over, 177, subd. a. publication of, 172. rates, charges, etc., 174. record of, public, 180. record of, what to show, 180. regulation of rates, 174. relation to common transportation terminal, 183. reports, failure to make penalty, 157. reports, form of, 157. rights on Hawthorne Avenue Bridge, 235. subject to charter, 177. subject to charter provisions, 159. subject to initiative and referendum, 159. submitted to City Engineer, 183. submitted to the Dock Commission, 183. taxation of, 166. taxing power of city, 177, subd. d. time limit, 170. transfer of, 178, 179. transfer of, consent of city, 179. what to contain, 174. FREE EMPLOYMENT BUREAU, Council may establish, 34, subd. 73 Vg. FUNDS, assessment, expenditure of, 193. reversion to general fund, 192. transfer of, 191, 192. GAMBLING, Council may prevent, 34, subd. 49. GARBAGE COLLECTION BONDS, See Bonds. GARBAGE. See also crematory, rate, 165. GARBAGE COLLECTION. See Muncipal Garbage Collection. Council to provide rate, 238. 138 PORTLAND CITY CHARTER GARBAGE CREMATORY. See Crematory. GAS MAINS, Council may compel service mains, 34, subd. 11. GENERAL FUND, reversion of funds to, 192. tax levy, 190. transfer of, 191, 192. GIFTS, city may accept, 2. Council may accept, 34, subd. 5. GOVERNMENTAL POWER, acquire and operate public utilities, 151. public utilities, 152. GRADE CROSSINGS. See Railroad Grade Crossings. tax levy for elimination, 190. GRADES. See Street Grades. fees for establishing, 34, subd. 18. right to establish and change, 275. HARBOR, controlled by Dock Commission, 163, subd. e. HARBOR LINE, Council to establish, 34, subd. 76. HARBORMASTER, Council to provide for, 34, subd. 74. HAWTHORNE AVENUE BRIDGE, bonds. See Bonds. condemnation of property for, 234. construction of, 233. county to maintain, 235. franchise rights on, 235. fund, 232. HEALTH, Council to provide for, 34, subd. 25. HEALTH DEPARTMENT, members not subject to Civil Service, 97. HIGHWAYS. See Streets. HITCHING POSTS, Council to regulate, 34, subd. 62. HOSPITALS, for contagious diseases, city to furnish, 34, subd. 25. HOTELS, Council may regulate, 34, subd. 30. IMPRISONMENT, Council to provide for, 35. limit of, 34, subd. 3. IMPROVEMENT CODE, 284. IMPROVEMENTS, public, annexed territory liable for, 15. city may assess cost, 152. city may construct, 152. contract to lowest responsible bidder, 150. Council may construct, 150. INCINERATING PLANT, bonds for, 165. INDEBTED TO CITY. See Demands. INDEBTEDNESS, bonds not included, 160. limit of, 160. street extension bonds not included, 263. INDUSTRIAL HOME, Council may provide, 35. INDUSTRIAL TRACKS, Council may authorize, 166. INITIATIVE, exercise of, 19. franchise subject to, 159. power of Council subject to, 20. INITIATIVE MEASURE, time of taking effect, 49. INJURY, defective sidewalks, etc., remedy, 281. INDEX 139 INSPECTION, books and records, 92. INTOXICATION, Council may punish, 34, subd. 52. INTOXICATING LIQUORS. See Liquors. INVENTORY, Auditor to make, ee. of supplies, 58. INVESTIGATIONS, Civil Service, 108, 114. Council may make, 32. expense, how paid, 61. of public utilities, 156. suspension of officer pending, 62. JAIL, construction of, 251. Council may establish, 34, subd. 59. JAIL BONDS, 249, 250. JOURNAL, of Council, public record, 42. proceedings of Council, 42. JUDGES AND CLERKS. See Elections. LABORERS, action on contractor's bond, 149. Council may employ on public improvement, 150. employment of, preference given citizens and residents, 122. minimum wage, 122. LAND, Council may appropriate for sewer or water mains. 34, subd. 11. owned by city, control of, 2. right of city to sell or lease, 2. LANES. See Streets. LAUNDRIES, exclusion from city, 34, subd. 27. LEASE, of city property, 34, subd. 10. of city property, how authorized, 34, subd. 10. of city property, limit of, 34, subd. 10. LEGAL PROCEEDINGS, existing, continued, 5. how and when instituted, 5. LEGAL VOTERS. See Voters. LEVEES, city has control of, 2. right of city to sell or lease, 2. LIABILITY, Council to provide money to pay, 34, subd. 20. effect of annexation upon, 13. , in excess of revenue void, 193. on contracts, 148. on contracts validated, 6. LIBRARIAN, not subject to Civil Service, 97. LICENSE, limit of, 34, subd. 21. LICENSE FEES, vehicles, disposition of, 34, subd. 21. LICENSES, Auditor to issue, 76. Council to grant, 34, subd. 21. LIGHTING. See also Street Lighting. public buildings, 34, subd. 13. municipal plant. Council may provide, 34, subd. 13. LIQUOR, city employees using to excess, 106. Council may regulate sale of, 34, subd. 48. sale of near schools, 34, subd. 48. sale of near schools prohibited, 33. 140 PORTLAND CITY CHARTER LOCAL IMPROVEMENT CODE, procedure under, 284. repeal and amendment of, 284. LODGING HOUSES, Council may regulate, 34, subd. 30. LOTTERIES, Council may prevent, 34, subd. 49. LOWEST RESPONSIBLE BIDDER, Contract to be let to, 150. MALFEASANCE, forfeiture on official bond, 23. of officers, 193. MATERIAL MEN, action on contractor's bond, 149. MAYOR. See also Officers. action on bond, 23. administer oaths, 61. annual budget, 59, 188. annual message, time of filing, 188. appoint Civil Service Commissioners, 98. appoint Dock Commission, 162. approve bonds, 149, assign Commissioners to departments, 55. bond, 23. Civil Service Board, may require reports, 111. contracts, violations to be reported to, 63. distribute work among departments, 54. Dock Commission books, may audit, 163, subd. m, drawing of warrants, 75. duties, annual message, 59. 60. entire time to city business, 26. failure to file 'bond, 29. failure to take oath, 29. filling of vacancy in office, 30. forfeiture on bond, 23. how elected, 21. interest in city contract renders same void, 25. interest in city contracts prohibited, 24. interest in public service corporations prohibited, 24. investigate city property, 61. franchises, "60. offices and accounts, 61. investigation, suspend officers pending, 62. report to Council, 61. message, annual, 59. not to hold other office, 26. oath, 27. office deemed vacant when, 22, 24. pay to cease when, 29. prepare inventory public properties, 183. president of Council to act as, 37. presiding officer of Council, 37. prohibited from serving political party, 26. qualifications, 22. report to Council investigations, 61. salary, 28. secret service fund, 34, subd. 23. secretary, not subject to Civil Service, 97. sign bonds, 163„ subd. 1. subject to powers reserved to people, 20. sue to annul franchise, 60. term of, 21, 123. INDEX 141 MAYOR, continued. time of assuming office, 123. to sign ordinances, 51. vacancy in office, 29. when elected, term, 123. MARKETS, Council to regulate, 34, subd. 72. MECHANICS, employment of, citizens and residents given preference, 122. securing wages under city bond, 34, subd. 14. MEETINGS, of Council, public, 42. of Council, when held, 42. MINIMUM WAGE, laborers, 122. MINORS, sale of tobacco to, 34, subd. 49. MISDEMEANOR, 116, 115. violation of Civil Service provisions, 120, 121, MONEY. See also City Funds. Council provide for paying debts, 34, subd. 20. expenditure of, 19S. for public utilities, 152. public, collection of, 185. transfer from one fund to another, 191. MULTNOMAH COUNTY, Clerk, levy city taxes, 188. canvass election returns, 138. maintain bridges and ferries, 184, 235, 236. registration, reimbursement for cost, 133. tax levy, no compensation for, 188. MUNICIPAL JAIL, construction, 251. bonds, 249, 250. MUNICIPAL COURT, seal of, 34, subd. 16. MUNICIPAL GARBAGE COLLECTION, bonds, 252. rates, 254. revenue, 254. MUNICIPAL JUDGE, appointive, 80. qualifications, 81. MUNICIPAL LIGHTING PLANT. See Lighting. MUNICIPAL WORK. See Public Improvement. NAVIGABLE WATERS, street near not to be vacated, 7. NOMINATION OF OFFICERS, 124. acceptance, 124, subd. e. certificates, form of, 124, subd. b. Auditor to furnish certificates, 124, subd. g. irregularity of petition, 124, subd. f. pttitions, preservation of, 124, subd. h. amendment of, 124, subd. d. certificates, 124, subd. a. filing, 124, subd. c. NOMINATIONS, certain ones void, 289. NOTICE, application for franchise, 172. elections, 135. posting of, 125. publication of, 125. NUISANCES, Council to prevent, 34, subd. 26. NUMBERING OF HOUSES, Council to regulate, 34, subd. 69. 142 PORTLAND CITY CHARTER OATH, Auditor power to administer, 68. failure of Mayor and Commissioners to take, 29. Mayor may administer, 61. of Mayor and Commissioners, 27. Council may administer, 32. Secretary of Civil Service Board may administer, 114. OBSCENE LITERATURE, Council may prevent sale of, 34, subd. 50. OBSCENE PICTURES, Council may prevent sale of, 34, subd. 50. OFFICE HOURS, Council to fix, 34, subd. 19. OFFICES, Council may create or abolish, 82. OFFICERS, absence, salary withheld, 72. aid Civil Service investigations, 114. appointment, how made, 93. appointive, 80. removal of, 81. vacancy, 81. qualifications, 81. bond, additional may be required, 86. conditions of, 87. liability on, 89. sureties, city officers not accepted as, 87. individuals allowed as, 88. justification, 87. requirements of, 88. bribery, when guilty of, 117. city contracts, interest in prohibited, 91. not to aid in securing, 95. city property, purchase or lease prohibited, 91. Council to prescribe duties, 57. Council may investigate, 32. Council may provide seal, 34, subd. 16. Department of Public Docks, 163, subd. j. disposition of city money, 94. election, duties, 127. notice of, 135. elective, action on bond, 23. Civil Service, not subject to, 97. malfeasance or delinquency, 23. nominations, 124. present incumbents, 123. qualifications, 22. term of, how elected, 21. time of assuming office, 123. when elected, 123. false reports on certificates, 95. fees of, Council to regulate, 34, subd. 17. franchise, interest in prohibited, 91. hold but one office, 85. indebted to city, salary withheld, 72. liable for subordinates, 89. malfeasance, 193. Mayor may investigate, 61. negligent, salary withheld, 72. nomination, acceptance, 124, subd. e. certificate, form of, 124, subd. b. petition, amendment of, 124, subd. d. Auditor to supply forms for, 124, subd. g. INDEX 143 OFFICERS, continued. filing of, 124, subd. c. irregularities in, 124, subd. f, preservation of, 124, subd. h. official books, etc., delivery to successor, 84. political influence prohibited, 119. political service disregarded, 119. present incumbent hold over, 143. public defined, 117. public service corporations, interest in prohibited, 91. qualifications, 85. report violations of contracts, 63. salary, full compensation, 94. serve one or more departments, 57. • subordinates, bonds required of, 90. suspension pending investigations, 62. time of assuming office, 123. time required of, 96. when elected, 123. women, need not be voters, 85. wrongful payment of salary, action against, 113. OFFICIAL ADVERTISING. See Advertising. OFFICIAL BONDS. See Bonds. OFFICIAL BOOKS, PAPERS, ETC., city property, 84. keeping of, 84. open to inspection, 84. OPIUM SMOKING, Council may prevent, 34, subd. 49. ORDINANCES, amendment of, 50. appropriation, manner of drawing, 45. time of taking effect, 48. attestation of, 51. • charter provisions retained as, 283, 284. codification of, 287. Dock Commission, charges, 163, subd. h. creating offices, etc., 163, subd. j. record of, 163, subd. g. subject to referendum, 163, subd. g. emergency, manner of passage, 47. time of taking effect, 48. existing continued, 53. enacting clause, 46. franchise, effective when, 173. method of enacting, 172. what to contain, 172. initiative, time of taking effect, 49. limited to one subject, 45. manner of drawing, 45. manner of enacting, 44. manner of passage, 47. objections to, 52. punishment for violation, 34, subd. 3, 35. referendum, time of taking effect, 49. record of, 51. repeal of, 50. time of taking efftct, 48. OREGON HISTORICAL SOCIETY, space in Public Auditorium, 242. OWNERSHIP BOOKS. Auditor to keep, 79. 144 PORTLAND CITY CHARTER PARKS, act of 1899 not applicable to Portland, 280. bonds. See Bonds, city has control of. 2. under jurisdiction of Council, 34, subd. 60, 61. improvement of, Council provide for, 34, subd. 12. rights of city inalienable, 7. right of city to lease or sell, 2. PAROLE, of city prisoners, 35. PENDING PROCEEDINGS, streets, not affected by charter amend- ments, 277. PENSIONS. See Firemen's Relief and Pension P\ind. PERJURY, false swearing. 32, 61, 114. PERMITS, Auditor to report on, 66. PLUMBING, Council may regulate, 34, subd. 28. Council to provide for inspection, 34, subd. 18. PLUMBING INSPECTOR, Council may create office, 34, subd. 28. POLICE BUREAU, Cnief not subject to Civil Service, 97. record not subject to inspection, 92. POLICE POWER, 34, subd. 1. POLICE REGULATIONS, Council power to make, 34, subd. 2. POLICE STATION, Council may establish, 34, subd. 59. POLICE AND FIRE DEPARTMENT RELIEF FUND, division of, 220. POLITICAL CONTRIBUTION, Civil Service employes, 116, 119. PORT OF PORTLAND, not affected by Dock Act, 163, subd. e. POWER, corporate, continuation of, 2. Council to exercise, 18. grant of, 2, 3. governmental, vested in city, 3. of city to annex territory, 10. of Council subject to initiative and referendum, 20. to acquire property outside of city, 3. to alter seal, 2. to sell, etc., city property, 2. to sue and be sued, 2. executive and administrative, distribution of, 54. enumeration not a limitation, 36. specific powers of 1903 charter vested in Council, 34. vested in Council, 20. PREFERENTIAL SYSTEM OF VOTING. See Elections. PRESIDENT OF COUNCIL, election of, 37. presiding officer of Council, 37. when may act as Mayor, 37. when to sign ordinances, 51. PRIVIES, must connect with sewer, 34, subd. 29. PREVIOUS BOND ISSUES. See Bonds. PRISONERS, Council provide for working, 35. may be paroled by Council, 35. may be released by Council, 35. working of, 34, subd. 3. PRISONS, Council may establish, 34, subd. 59. PROCEEDINGS, public improvement, deemed regular, 277. INDEX 145 PROPERTY, acquired by Dock Commission, 163, subd. c. city may accept as gift, 34, subd. 5. city, control of, 2, 56. Council may lease, limit of, 34, subd. 10. legal proceedings to recover, 5. Mayor may investigate, 61. officers or employes not to purchase or lease, 91. penalty for destruction of, 34, subd. 47. rental of, 8. unfit for use, sale of, 34, subd. 9. condemnation by Dock Commission, 163, subd. c. Council may condemn or purchase, 34, subd. 6. franchise deemed as, 166. levied on under execution. Council may purchase, 34, subd. 7. outside city limits, city may acquire, 3. purchased under execution, limit of price, 34, subd. 7. purchased for delinquent taxes, 34, subd. 8, right of city inalienable, 7. right of city to hold, 4. right of city to sell or lease, 2. right to condemn, 2. sold for taxes. Council may purchase, 34, subd. 8. trespassing. Council may prevent, 34, subd. 51. PROPERTY OWNERS, record of, Auditor to keep, 79. PROPERTY RIGHTS, effect of annexation upon, 13. legal proceedings to enforce, 5. PUBLIC AUDITORIUM, annual report, 224. bonds. See Bonds. Commission, 239, 248. contracts, how let, 241. employes not subject to Civil Service, 243. fund, deficit, 247. disbursements, 246. expenditure of, 248. provision for Oregon Historical Society, 242. revenue, 246. rules and regulations, 240. PUBLIC CRIERS, Council may regulate, 34, subd. 38. PUBLIC DOCKS. See Docks. may occupy streets, 8. PUBLIC EMPLOYES. See Employes. PUBLIC HALLS, Council may regulate, 34, subd. 31. PUBLIC IMPROVEMENT, city may assess cost, 152. city may construct, 152. contract to lowest responsible bidder, 150. Council may carry on direct, 150, PUBLIC MONEY. See Money. PUBLIC OFFICERS. See Officers. PUBLIC SCHOOLS. See Schools. PUBLIC SERVICE CORPORATIONS. See also Public Utilities. Council may regulate, 154. failure to comply with charter, 158. file record of property, 156. Mayor and Commissioners not to be interested in, 24. officers or employes not to be interested in, 91. 146 PORTLAND CITY CHARTER PUBLIC SERVICE CORPORATION, continued. quarterly reports, 157. reports, part of Auditor's annual report, 157. PUBLIC UTILITIES, acquisition, limitation of indebtedness, 160. appeal from rules of Council, 158. Auditor to report revenue, 160. bonds to provide for, 152. charges to be reasonable, 156. Council may investigate, 156, 157. city may purchase, 177, subd. a. Council may regulate, 156, 157. . Council power to construct, acquire, etc., 151. defined, 153. extensions. Council may order, 156. failure to comply with charter, 158. money for, 152. owners to file record of property, 156. products of, city may use or sell, 152. rates, Council to determine, 156. records, form of, 157. reports, penalty for failure to make, 157. rules to govern, Council to make, 158. supervision of Council, 154. PUBLIC UTILITY CERTIFICATES, Council may issue, 155. not a general obligation, 155. ordinance authorizing, subject to referendum, 155. PUBLIC UTILITY CORPORATIONS, Council may regulate, 154. PUBLIC WORK, prisoners may be employed, 34, subd. 3. PUNISHMENT, violation of ordinances, 35. PURCHASE, supplies and material by Dock Commission, 163, subd. f. competitive bidding, 150. over $250.00, advertise for bids, 150. PURCHASING AGENT, appointive, 80. not subject to Civil Service, 58. QUARTERLY REPORTS, public utilities to make, 157. QUORUM, of Council, 43. RAILROAD COMPANIES, duty to pave streets, 274. RAILROADS, commercial, streets, agreement for use of, 168. franchise, what to contain, 174. rates, regulation of, 174. tracks, common user, 169. in streets, 167. RAILROAD GRADE CROSSINGS, assessments for elimination may be bonded, 273. contract for elimination, 272. Council power to eliminate, 265, 266. elimination of, collection of assessments, 272. cost of, a lien, 272. fund for payment of damages, 271. plans, damages and benefits, 267, 269, 270. objections, 268. publication, remonstrance, 272. tax levy for, 190. INDEX 147 RAILROAD TERMINALS, streets abutting on, rights in, 8. streets abutting not to be vacated, 7. RAILWAYS, Council may regulate cars, 34, subd. 46. Council may require fenders, 34, subd. 46. tracks, Council may regulate, 34, subd. 46. RATES, Dock Commission may fix, 163, subd. h. franchise, regulation of, 174. public utilities, 156. RATES FOR TRANSPORTATION, Council to regulate, 34, subd. 71. REASSESSMENT. See Improvement Code, 284. RECALL, may be invoked in city, 19. RECEIPTS, statement of, 66. RECEIPTS BY CITY, publication of, 58. RECORDS, Auditor to keep, 66, 69. certified copies, fee for, 92. Civil Service Board may examine, 114. efficiency, weight on examination for promotion, 107. open for inspection, 92. Police Bureau, not open to inspection, 92. REFERENDUM, Dock Commission ordinances subject to, 163, subd. g. exercise of, 19. franchises, subject to, 159, 173. power of Council, subject to, 20. transfer of franchise, subject to, 178. REFERENDUM MEASURES, time of taking effect, 49. REFUNDING BONDS. See Bonds. REGISTRATION. See Elections. REGULATIONS, Dock Commission, 163, subd. g. REUGION, recommendations relating to, 118. REPEAL OF 1898 CHARTER, 285. REPORTS, annual. Auditor. 66. Civil Service Board, 111. Dock Commission, 163. Mayor, 59. false, penalty, 95. public utilities, 157. RESIDENTS, given preference in employment, 122. REVENUE, control of, 185. liabilities in excess of, void, 193. municipal garbage collection, 254. Public Auditorium, 246. public utilities, report of, 160. REVISION OF CHARTER, 287. RIGHTS OF ACTION, continuation of, 4. RIGHTS OF PROPERTY, continuation of, 4. RIOT, Council may prevent, 34, subd. 53. RULES, Council may enact, 41. governing public utilities, appeal from, 158. RULES AND REGULATIONS, Dock Commission, 163, subd. g. RUNAWAYS, Council to protect public from, 34, subd. 45. 148 PORTLAND CITY CHARTER SALARIES, Auditor, 65. full compensation, 94. Mayor and Commissioners, how paid, 28. SALOONS, near schools prohibited, 33. SAMPLE BALLOTS. See Elections. SANITARY REGULATIONS, Council power to make, 34, subd. 2. SCHOOLS, sale of liquor near, 33, 34, subd. 48. SEAL, 2. Auditor custodian of, 66. Council to provide, 34, subd. 16. SEAL OF MUNICIPAL COURT. See Municipal Court. SECRET SERVICE FUND, of Mayor, 34, subd. 23. SEWER. See Improvement Code, 284. all privies and cesspools to be connected with, 34, subd. 29. Council may compel service connections, 34, subd. 11. Council may construct, 34, subd. 11. defective, city not liable, 281. proceedings deemed regular, 277. SIDEWALKS, advertising on. Council may regulate, 34, subd. 40. Council may lay, 34, subd. 18. Council may regulate, 34, subd. 34. Council to maintain and keep open, 34, subd. 61. Council to regulate use of, 34, subd. 65. defective, city not liable, 281. repair. See Improvement Code, 284. SIGNBOARDS, Council may regulate, 34, subd. 40. SIGNS, power of Council to regulate, 34, subd. 62. SINKING FUND, investment of, 192. purchase of bonds, 192. redemption of bonds, tax levy, 190. SLAUGHTER HOUSES, exclusion from city, 34, subd. 27. SPECIAL ASSESSMENTS. See Improvement Code, 284. SPECIAL BRIDGE FUND, tax levy, 190. SPECIFICATIONS, Council may adopt one or more sets, 150. STATE BONDING ACT, applicable to city, 278. STEAM BOILERS, city may inspect, 34, subd. 28. STEAM WHISTLES, Council may regulate, 34, subd. 39. STOCKYARDS, Council may exclude from city, 34, subd. 27. STORES AND SUPPLIES, inventory, 58. STREETS, abutting railroad terminals, rights in, 8. abutting waterways, rights in, 8. advertising in. Council may regulate, 34, subd. 40. animals driven through, 34, subd. 42. assessmeoit, bonded, reapportionment, 279. banners over. Council may regulate, 34, subd. 41. Council may convert into boulevards, 34, subd. 67. control of, 34, subd. 60, 61. county roads taken as, 276. defective, city not liable, 281. definition of, 255. Dock Commission, authority over, 163, subd. e, i. extension of. See Improvement Code, 284. application to bond assessments, 257. INDEX 149 STREETS, continued. bonding of assessments, 256, 264. bonds, issuance of, 259. redemption of, 264. failure of franchise holder to improve, 177, subd. f. franchise, exclusive, where prohibited, 171. time limit, 170. grades, change of. See Improvement Code, 284. right to establish and change, 34, subd. 12. improvement. See Improvement Code, 284. Council may provide for, 34, subd. 12. franchise holders, 177, subd. f. pending proceedings not affected by charter amend* ments, 277. proceedings deemed regular, 277. railway not relieved from, 274. industrial tracks in, 167. naming of, 34, subd. 69. obstructions in, 34, subd. 61. occupied by dock structures, 8. opening, extension, etc., 34, subd. 12. opening, permits for, 34, subd. 18. power of Council over, 284. railroads in, 168. right in, inalienable, 7. roaming in at night, 34, subd. 55. runaways. Council to protect public from, 34, subd. 45. transportation, 8. underground conduits in, 34, subd. 70. vacation of. See Improvement Code, 284. by Docks Commission, 163, subd. i. replatting affording equal area permitted, 7. vote required, 7. where permitted, 7. where city owns property, 7. what constitutes, 8. STREET CARS, charge over bridges, 24. regulation over bridges, 184. STREET LIGHTING, Council provide for, 34, subd. 13. STREET RAILWAY, franchise, what to contain, 174. rates, regulation, 174. STREET RAILWAY COMPANIES, duty to pave streets, 274. STREET REPAIR, Council may provide for, 34, subd. 12. SUBCONTRACTORS, action on contractor's bonds, 149. SUBORDINATE OFFICERS, Commissioners to appoint or remove, 82. subject to Civil Service, 82. SUBPOENA, power of Council to issue, 32. power of Mayor to issue, 61. SUCCESSIVE, term defined, 147. SUITS, existing continued, 5. may be brought, how and when, 5. SUPPLIES, contract to lowest responsible bidder, 150. purchase of over $100.00 by Dock Commission, 163, subd. f. SURETIES, contractors' bonds, 149. on official bonds, 23. 150 PORTLAND CITY CHARTER SURVEYING, Council to provide for, 34, subd. 68. fees, 34, subd. 18. TANNERIES, exclusion from city, 34, subd. 27. TAX, annual levy, 188. on franchise, 177, subd. d. TAX COLLECTOR, no compensation, 188. TAX LEVY, bonded indebtedness interest fund, 190. bond sinking fund, 190. Dock Commission, 163, subd. k. elimination of grade crossings, 190. fills, 190. Firemen's Relief and Pension Fund, 202. general fund, 190. limit of, 190. special bridge fund, 190. when made, 190, TAXATION, bonds exempt from, 229. estimate for, 188. franchises, 166. TAXES, annulment of back taxes, 194. Collection of, 188. property sold for. Council may purchase, 34, subd. 8. TENEMENT HOUSES, Council may regulate, 34, subd. 30. THEATERS, Council may regulate, 34, subd. 31. TIME REPORTS, each department to k^ep, 58. TIRES, width of. Council to regulate, 34, subd. 64. TOBACCO, power of Council to regulate sale of, 34, subd. 49. TRAFFIC, Council may regulate, 34, subd. 60, 61, 63. TRANSFER OF FRANCHISE, 178, 179. TRANSPORTATION, Council to fix rates, 34, subd. 71. TRANSPORTATION TERMINAL. See Common Transportation Ter- minal, 183. TREASURER, appointive, 80. bond, 88. surety, individuals not allowed, 88. custodian Firemen's Pension Fund, 201. deposit of sinking funds, 192. TREES, Council to regulate, 34, subd. 66. TRESPASSING, Council may prevent, 34, subd. 51. TRUSTS, Council to execute, when, 34, subd. 5. UNDERGROUND CONDUITS, Council to regulate, 34, subd. 70. UNDERTAKINGS. See Bonds. UNUSED FRANCHISES, forfeited, 181. VACANCY IN OFFICE, Dock Commission, 162. manner of filling, 30. Mayor and Commissioners, 22, 24, 29, 30. VACATION OF STREETS. See Streets. VAGRANCY, Council may prevent, 34, subd. 54. INDEX 151 VEHICLES, width of tires, Council to regulate, 34, subd. 64. VOTE OF COUNCIL, aye and nay, when taken, 39. VOTERS. See also Elections, qualifications, 137. WAGES, mechanics', city to secure, 34, subd. 14. WARRANTS, drawing of, money must be appropriated, 75. how drawn, 75. issue of, appropriation necessary, 193. on Firemen's Pension Fund, 201. record of, 74. WASH HOUSES, exclusion from city, 34, subd. 27. WATER, Council may compel service connections, 34, subd. 11. Council to provide for supplies, 34, subd. 11, 15. WATER BOARD, power of vested in Council, 16. WATER BONDS. See Bonds. WATER DEPARTMENT, engineer, not subject to Civil Service, 97. superintendent, not subject to Civil Service, 97. WATER FRONT, streets abutting on, rights in, 8. WATER MAINS, extension of, 34, subd. 11. WATER REGULATIONS, Council power to make, 34, subd. 2. WEAPONS, dangerous. Council may prevent carrying of, 34, subd. 56. WEIGHTS AND MEASURES, Council to provide standard, 34, subd. 73. WHARF PROPERTY, right of city inalienable, 7. WHARFAGE CHARGES, Dock Commission may fix, 163, subd. h. WHARVES, in Willamette River, Council to control, 34, subd. 76, 78. public, right of city inalienable, 7. WILLAMETTE RIVER, Council given jurisdiction, 34, subd. 75, 78. WITNESSES, Civil Service Board may subpoena, 114. Council may compel attendance, 32, 156. Mayor may subpoena, 61. power to subpoena, 199. WOMEN OFFICERS, need not be voters, 85. COMPARATIVE SECTIONS 153 (Abbreviations: repealed, r; ordinance, Ord.) Sections of 1903 Charter and corresponding sections of this compilation. Sections of Amending Act of May 3, 1913, and corresponding sections of this compilation. 1 1 2 2 3 3 4 4 5 5 6 148 7 6 8 281 9 282 10 r 11 r 12 9 13 10 14 11 15 12 16 13 17 14 18 to 22 r 23 128 24 133 25 134 26 135 27 137 28 to 30 r 31 138 32 139 33 140 34 141 35 142 36 to 39 r 40 143 41 to 46 r 47 32 48 to 51 r 52 53 53 to 60 r 61 147 62 to 72 r 73 34, 35 74 36 1 1, 16 2 3 3 148 4 12 5 15 6 20 7 21 8 21 9 22 10 23 11 24 12 24 13 25 14 26 15 27 16 28 17 29 18 30 19 41 20 42 21 43 22 44 23 45 24 46 25 47 26 48 27 49 28 50 29 51, 52 30 38 31 39 32 40 33 31 34 195 35 37 36 54, 57, 58 37 55, 56 38 144 39 145 40 146 41 123 42 124 43 125 44 126 45 127 46 129 47 130 48 131 49 132 50 136 51 137 52 138 53 141 54 143 154 PORTLAND CITY CHARTER (Abbreviations: repealed, r; ordinance, Ord.) Sections of 1903 Charter and corresponding^ sections of this compilation. 75 Z55 76 to 87 r 88 160 89 to 92 r 93 7, 8 94 to 99 r 100 166 101 r 102 167 103 168 104 to 112 r 113 189 114 190 115 191 116 192 117 193 118 161, 162, 163, 229 119 194 120 to 121 r 122 84 123 to 127 r 128 85 129 r 130 86 131 87 132 88 133 89 134 90 135 91 136 r 137 92 138 93 139 94 140 95 141 r 142 96 143 to 146 r 147 59 148 to 150 r Sections of Amending Act of May 3, 1913, and corresponding sections of this compilation. 55 33 56 18, 19 57 255 58 151 59 152 60 153 61 154, 155 62 156 63 157 64 158 65 159 66 7, 8 67 166 68 167 69 168 70 169 71 170 72 171 73 172 74 173 75 174 76 175 77 176 78 177 79 178 80 179 81 180 82 181 83 182 84 185 85 186 86 187 87 189 88 190 89 191 90 192 91 193 92 227 93 17, 228 94 96 95 149 96 150, 283 97 64 98 65 99 66 100 71 101 72 102 80 103 81 104 82 105 83 106 122 108 279 308 99 317 108, 109, 110, 111 COMPARATIVE SECTIONS 155 (Abbreviations: repealed, r; ordinance, Ord.) Sections of 1903 Charter and corresponding sections of this compilation. 151 60 152 61 153 62 154 to 157 r 158 63 159 to 161 r 162 149 163 r 164 150 165 r 166 r 167 to 268 Ord. 269 64 270 65 271 67 272 68 273 66 274 69 275 70 276 71 277 72 278 73 279 74 280 75 281 76 282 77 283 78 284 79 285 188 286 987 r to 305 Ord. 306 97 307 98 308 99 309 100 310 101 311 102 312 103 313 104 314 105 315 106 316 107 317 108, 109, 110, 111 318 112 319 113 320 114 321 115 THIS BOOK IS DUE ON THE LAST DATE STAMPED BELOW AN INITIAL FINE OF 25 CENTS WILL BE ASSESSED FOR FAILURE TO RETURN THIS BOOK ON THE DATE DUE. THE PENALTY WILL INCREASE TO SO CENTS ON THE FOURTH DAY AND TO $1.00 ON THE SEVENTH DAY OVERDUE. UUl 1» i^i OGT 20 1043 LD 21-100»i-7,'39(402s) 2986Ji4 UNIVERSITY OF CALIFORNIA LIBRARY :, • ,-/;-- : '.^ \ \' -Jh ^ . -'-y}'/ * ;. * yi?