The Hood River glacier. (Hood River, Or.) 1889-1933, 1915-01-28

of holding such election shall be borne
by the district and shall be paid or
credited to each city and county upsn
/ the nling of verified claim therefor
with the secretary of the board Of d.
rectors. The returns of such election
shall be made. the votes csnvassed and
the results thereof sscertained- and de-
clared as in the case Of the other spe
clal elections within such municipalities
and counties respectively. The board
or officers declaring the result of such
election shall certify such result TO
board of directors of the district. No
| irregularities or informalities in con-
ducting such election shall invalidate
the same if the election shall have 9TH
erwise been fairly conducted. In all
respects not otherwise provided for
herein said election shall be called,
managed and directed as is by law pro-
yided for special elections in the mu-
nicipality and county, respectively, in
which such election is to be held; pro-
vided, that in districts including unin-
corporated territory only, special elec-
tions called to determine whether or
not bonded Indebtedness shall be in
Cured, shall be called by the board of
directors of such district; and fsuch
election shall be held, notice thereof
given and published and the result
thereof determined and declared in all
respects as nearly as is practicable IN
conformity with the provisions Of law
governing special elections TO authorize
issuance of bonds by irrigation districts.
Section Il. If a majority Of the
votes cast in any such election we're in
favor of and assented to the incurring
of such Indebtedness, then the board of
directors may, by resolution, at such
time or times as they may deem proper,
provide for the form of such bonds and
for the issuance of the whole or any
part thereof, and may sell or dispose
of the bonds so issued at such times or
in such manner as they may deem to
the public interest, but no bonds shall
be sold for less than their par value.
The proceeds of such bonds shall be ap-
piled exclusively to the purposes and
objects mentioned in the resolution of
the board of directors calling the elec-
tion. Ii shall be competent for the
board of directors in the resolution
herein provided for, to provide for the
payment of said bonds and interest
thereon ct any place or places desig-
mated in the bonds.
Section %. Any bonds issued by any
district are hereby given the same
force, value and use as bonds issued by
any municipality and shall be exempt
from all taxation within the state of
Oregon.
Section %. The board of directors
may at any time within sixty days
from the date of the resolution pro-
vided for by Section Il hereof, cause
to be brought in the name of the dis
trict an action in the superior court of
the county in which said district or the
greater portion thereof is located, to
determine the validity of any such
bonds. Such action shall be in the
nature of proceeding in rem and jur-
sdiction of all parties interested may
be had by publication of summons for
at least once a week for three weeks
in some paper of general circulation
published in the county where the ac
tion is pending, such paper to be desig-
mated by the court having jurisdiction
of the proceedings. Jurisdiction shall
be complete within ten days after the
full publication of such summons in
the manner herein provided. Anyone
interested may at any time before the
expiration Of said ten days, appear and
by proper proceedings contest the val
idity of such bond. Such action shall
be speedily tried and judgment rem
dered declaring such bonds to be valid
or invalid. Either party may have the
right to appesf to the Supreme Court
at any time within thirty days after
the rendition of such judgment, which
appeal must be heard and determined
within three months from the time of
taking such appeal. After the expira-
tion of ninety days from the date of
the resolution provided for by Section
! 2l hereof, no action may be brought to
contest or question the validity of said
, bonds and proceedings thereto. If
there be more than one action or pro-
ceedngs involving the validity of any
] such bonds, they shall be consolidated
and tried together. The court hearing
any proceedings or action inquiring in
to the regularity, legality or correct.
ness of the proceedings leading up to
the issuance of bonds or the validity
7 of such bonds, must disregard any
c error, irregularity or omission which
, does not affect the substantial rights
of the parties to said action or pro-
ceedlngs. The rules of pleading and
practice provided by the Code of Civil
: Procedure, which are not inconsistent
2 with the provisions of the act, are ap-
plicsbIe to all actions or proceedings
] herein provided for. The motion for
| friol 6 o1nh
ceeding must be heard and determined
: within ten days after the filing of the
notice of intention. The cost on any
proceeding or action herein provided
for, may be allowed and apportioned
e between the parties, or taxed to the
5 losing party, in the discretion.of the
! court.
! Section a. For the purpose of this
! act, the works authorized to be ac-
quired, owned or operated by the dis
- trict are declared to be revenue pro-
ducing utilities. So far as possible the
= board of directors shall fix such charg-
{ es for commodities or service furnished
= by revenue producing utility as will
D pay the operating expenses of the util-
t lty, the interest on any bonded debt in
= Cured for the acquisition or construc-
5 tion thereof and provide a sinking or
J other appropriate fund for the pay
! ment of the principal of such debt as it
e may become due; it being the inten-
D tion of this section that the district
| pay the interest and principal of its
! bonded debt incurred for the acquisition
f of amy revenue producing utility from
! the revenues derived from such utility.
The Board of Directors, as far as the
e nature of the utility will permit, shall,
J before any bonded Indebtedness is in
1 Cured for the construction or acquisi-
, tiOn of any revenue producing utility,
{ enter into appropriate contracts with
2 the respective municipalities proposed
e to be served by such utility, providing
e for the use thereof by the respective