HomeMy WebLinkAbout1908-04 Proposing Charter AMND Article 7
R E S 0 L U T 1 ON.
resolution proposing an amendment to Article 7 of the Charter
of the City of Ashland, Oregon.
DL IT RESOLVED; by the co:=on council of the City of Ashland.
Oregon, that the follovring amendment to Article 7 of the Charter of
said city be and the same is hereby proposed for submission to the
legal voters of said city at a special election to be held as here-
inafter spoci iod:
V CHARTER A iE?rD?.it?dsT TO.Bh SUBMITTED TO ITIT.. VOTFHS IN TL;E COLA.'•OI, COU.ICIL:
An Act to amend Article VII of that certain Act of the Legisla-
tive Assembly of the :Mate of Oregon, filed in the office of the
Secretary of State October 14, 18989 entitled "An Act to amend an
a4at entitled 'Ah Act to incorporate the City of Ashland in Jackson
1
County, Oregon, and to define the power thereof' filed in the office
of t:ie Secretary of State February 21, 1889, and the acts approved
February 25, 18959 amending the same", as amended by that certain
act of said Legislwtive :assembly approved February 15, 1901, entitled
"An Act to emend an act entitled 'An Act to amend an act entitled'An
act to incorporate the City of Ashland of Jackson County, Oregon, and ~
dofine the pourer thereof' filed in the office of the Secretary of
State October 14, 189811, and as also amended by Section 5 of an act
approved January 30, 1903, entitled "An'Act to amend an act entitled
'An act to amend an act entitled 'an Act to incorporate the City of
i
Ashland, Oregon, and define the power thereof', filed.in the office
of the Soc'rotary of State Rob. 210 1889 and the acts approved
Fevruary 251 1895, amending ts,e same, filed in tho office of the s
Secretary of State Oct. 14thq 1898," and as also amended by section !
5'of an act of said assembly approved February 3rd, 1903, entitled
"An Act to amend an act, entitled An ,ct to amend an act to incorpo-
rate the Laity of Ashland, Oregon, and define the power theroof',
filed in the office of the :.ecretary of State February 210 1889,
S -1- I
and th3 acts approved February 25, 1895, amending the same, filed in
the office of the Secretary of State Oct, 140 1898 and as also
amended by that certain act of the Legislative Aesombly of tl:s State
of Oregon filed in the office of the Sacretary of `.state Feb. 10, 1905,
entitled " An Act to amend cectiona 5 and 19 of Article VII of an
act entitled ' An Act to amend an act entitled an not to incorporate
the city of Ashland in Jackson County, Oregon, and define the power
,thereof', filed in the office of the :secretary of State Feb. 219 18890
and the act approved Feb. 25, 1895 amending the cam/ and the act amend-
ing the sameA filed in the office of the -acretary of State Oct. 149
1398, and tho act approved Feb. 15, 1901; amending the same", and
as also amended by that certain char* r amendment submitted by the
common council of the City of Ashland to the qualified electors of
said City of Ashland under a .resolution adopted by the council of
said city
and approved by the mayor on the 18th day of August, 1908,
and voted upon at a special election called for such purpose on Sept. \
8th, 19080 the ballot title upon such measure being " An Act to amend
subdivision 12 of Section 1 of Article VII of the Charter of the City
of Ashland as amended by an act of the-Legislative Assembly of Oregon
approved January 30, 19030 filed in the offioe of the Secretary of
Mato January 31st, 1x03, so :-.s to authorize the co::Jion council to
issue the bonds of" said city to the amount of Thirty `i'houdand('~30,000)
Dollars for the purpose of purchasing or constructing and operating
an electric light and power plant to be owned and operated by said city
which said Thirty 'T'housand Dollars(w30,000) shall be in addition
to the Fifcy Thousand (9650,000) bond issue heretofore authorized for
such purpose"
,I
g
L
1
` -2.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF ASHLAND;
That Article VIZ. of that certain act of the legislative
assembly of the State of Oregon, filed in the office of the
Secretary of State October 14, 1898,.entitledAhn act to amend an
act entitled0an act to incorporate the City of Ashland in Jackson
County, Oregon, and to define the power thereof,!'filed in the
office of the Secretary of State February 21, 1889, and the acts
approved February 25, 1895, amending the same,".as amended by
that certain act of said legislative assembly approved February
r1l 1901, entitledVan act to amend an act entitled`an act to
amend an act entitled an act to incorporate the City of Ashland
of Jackson County;, Oregon, and define the power thereof~,,,filed
in the office of the Secretary of State October, 14, 18981.1 and as
also amended by Section 5 of an act approved January 30, 1903,
i
entitled1 an act to amend an act entitled an act to amend an act
entitled(an act to incorporate the City of Ashland, Oregon, and
Y
define the power thereof, filed in the office of the Secretary of
State February 21, 1889, and the acts approved February 25, 1895,
amending the same filed in the office of the Secretary of State
October 14, 1898, and as also amended by Section 5 of an act of
. . if
said assembly approved February 3, 1903, entitled an act to amend
an act entitle dIan act to amend an act to incorporate the City of
Ashland, Oregon, and define the power thereof,'filed in the office
of the Secretary of State February 21, 1889, and the acts approved
February 25, 1895, amending the same, filed in the office of the
Secretary of State October 14, 1898, and as also amended by that
certain act of the legislative assembly of the State of Oregon
filed in the office of the Secretary ofState February 10, 1905,
entitled Uan act to amend Seetions5 and 19 of Article VII. of an
an act to amen r3_ a, -1 a.ct e-aitled
act entitle ^ an act to incorporate the City of Ashland in Jackson
r
County, Orogron, and define the powers thereof, filed in the office
of the Secretary of State February 21, 1889, and the act approved
February 25, 1895, amending the same, and the act amending, the
same filed in the office of the Socretary of State October 14,
1898, and the act approved February 15, 1901, amending the same,
and as also amended by that certain charter amendment Submitted
by the Common Council of the City of Ashland to the qualified
electors of said City of Ashland under resolution adopted by the
Council of said City and approved by the Mayor on the 18th. day of
I
i
Au(:nist, 1908, and voted upon at a special election called for
such purpose on September 8, 19089 the ballot title upon such
measure being an act to amend sub-division 12 of Section 1 of
I
Article VI1. of the Charter of the City of Ashland as amended by
an act of the legislative assembly of Oregon approved January 30,
1903, filed in the office of the Secretary of State. January 31o. I
1903, so as.to authorize the Common Council to issue the bonds of
said City to the amount of Thirty Thousand Dollars ($30,000) ~
for the purpose of purchasing or constructing and operating an
electric light and rower plant to be owned and operated by said
City, ifnich said Thirty Thousand Dollars (630,000) shall be in
addition to the Fifty Thousand Dollars (150,000) bond issue
horcto*.ore authorized for such purpos^a, and which amendment so
submitted received the majority vote of the votes cast at such
election, -rind was on September 1908, proclaimed as a
part of the Charter of said City by the Mayor therof, be and the
same is hereby amended so as to read as follows:
.2-
I
ARTICLE VII.
Section 1. The Common Council at any regular or adjourned
meeting; shall have the potter within the limits of the City of
Ashland to onact by-laws, ordinances and pass resolutions not
in conflict or inconsistent with the laws of the United States,
the State of Oregon or the provisions of this charter; and to
provide for the punitAunent of any person or persons found guilty
by a competent tribunal of the violation of any such lads,
ordinances or any of the provisions of this charter by fine or
imprisonment or by both such fine or imprisonment and enforce
collection of such fine and the costs of prosecution by execution
or imprisonment of such offender, until such fine and costs are
paid; and to provide for the working of such nersons so convicted
on the streets of the city or at any other work, and to provide
the compeneation therefor to be applied =a such :fine and costs;
but no fine shall exceed the f $"200.00"and the costs of
prosecution, nor shall any imprisonment or term at hard labor
exceed thirty days.
Section 2• The Common Council by a two-thirds vote of'the
Council at any regular or adjourned meeting shall have the power
within the limits of the City of Ashland to annually ordain and
levy taxes on the taxable property of the city made taxable by law
for county and state purposes, not to exceed fifteen mills on the
dollar on the assessed valuation in any year for the expenses of
the city; and also in:such further amount as may be necessary for
payment of interest,or principal on any bonded indebtedness now
existing; or hereafter to exist as:ainst the city and in payment
of any judgment or, ,judgments obtained against the city; and fur-
ther to assess and cause to be collected annually f rom each male
inhabitant of the arty, between the ages of twenty-one and fifty
years, excepting de0crep t persons and active firemen, the sum of
three dollars, to be, known as the city poll road tax, the said
poll road tax to be:collected by such officers as the council
. - 3-
may direct of the persons residing in the city, and in the col- .
lection thereof ouch officers shall have the same remddy granted
by the general, laws of the state of Oregon to road supervisors
I for the collection of delinquent road taxes. And the council,
shall also have power at any time to levy such special benefit
Jaesessn-ent.e.for road, sewer,.•or other special improvements as
to o prescribe the time when such assessments shall be paid and to assess
penalties thereon not exceeding ten per cent when delinquent, which
assessments and penalties may be collected under the provisi
section 1 of Article 12 of this Charter. ons of
within the limtte of the City of Ashland to borrow money upon the
credit of the city and authorize the issue of orders or notes
therefor to an amount not exceeding X5,000.00 when required for
municipal purposes, which. orders and notes shall bear a rate of
I
interestnot to exceed Biz= per cent. and shall not aggregate at
any time to exceed 35,000.00. And shall issue bonds of the city
for other p urposes when duly voted and required by a majority
vote of the electors of said city; or in rebonding any bonded
indebtedness of the city when the same is due and payable and the
city has not the funds on hand to pay the same, but in rebonding,
bonds shall not bo issued for a longer period or greater rate of
interest than the bonds to be liquidated.
Section 4. The Common Council by a twe•thirds.vote of the
Ccunc.il at any regular or adjourned meeting shall have the power
within the limits r;f the City of Ashland to remove, supprese and
prevent nuisano s;---and all acts or things done or anything existing
within the limits of the city which is or nay be declared by any
law of this state or by any ordinances or resolution of the city
council to be a nuisance shall be considered and treated as such
..4..
i
in all actions, snits and proceedings whatsoe-ror, unless such law,
ordinance or resolution be declared void by a court of competent
iuri.sdic.tion. Also i:he now,,r to prevent the introduction into
the city of contagious and other diseases, and establish regula-
tions for the general health of the city.
Section 5. The Common Council by a two-thirds vote o.f the
Council at any regular or adjourned meeting shall have the power
within the limits of the City of Ashland to license, tax and
regulate brokers , auctioneers, drummers, haw:;ers, peddlers,
pawn-brokers, places of public amusement or untertairment including
theaters, operas, exhibitions, shows and the like; liver, or
boarding stables, hack:3, cabs, wagons, carts, carriages, trucks,
drays, automobileu or other vehicles used for transportation of
persons or passengers, or goods, wares and merchandise, earthi
rock, building material or other articles within the limits of
sdid city either with. or without hire and to prescribe the rate
to be charged for such transportation; skating rinks, bowlinr
alleys, billiard tables, pool tables, shooting galleries, res-
taurants, meat-markets, slaughter houses, wash houses and laundries
and. to linenne, tax and regulate for the purpose of city revenue
of such business, callings, trades or employments as the Common
Council may require to be licensed and as are not prohibited
,R. by thu lore of the state, and to license, regulate and control it
the posting of bills and advertisements and to license, regulate
Ond control drinkint_, saloons, bar rooms, club rooms, or any other
place tid thin the city where spirituous, vinous, malt, or in-
toxicating liquors of any kind are kept, sold, bartered, exchanged,
diepoFed of, or given away in any quantity wtiatevor, except upon
the prescription of a duly licensed physician, and for medicinal
purposes exclusively, and all other vocations which the 6 ty council
ma-7 deem just -nnd for the best interest of the inhabitants of the
city; but no license fee shall be lese than that required by the
State for like business or vocation.'<No license for the sale or
d4
sal of npirit.uotis, vinous, 7alt, or intoxicating liquors
within the ror-orate limits shall be r.r-.need for a longer perbd
V7 ,j,n the municipal year, nor for a less sum than $600, nor mo'-e
than 41,000, as the city coun^il may determine, for such municipal
year,the proportion of the license fee so fixed by the city council
to the end of such municipal year; provided, that no license to
soil intoxicating lieuors shell be issued. for less than :1200.
i
A
t) *:rrgon shall be licensed to sell or dispose of spirituous,
i
vinous, halt, or intoxicating liquors by the city council ueiless
,he shall first give bond in the penal sum of not less than $2,000,
nor more than $5,0009 payable to the City ofAshland, Oregon, with
at least two good and sufficient sureties, freeholders of Jackson
County, Oregon, to be approved by the council, conditioned that
such licenseg will not violate any of the lams of the State of
Ore;ron, or any of the provisions of this charter, or any of the
laws or ordinances of the City of Ashland, and that he will pay
all damages, flied, penalties, and forfeitures. which may be ad-
judged against him under this charter or the laws and ordinances
of the City of Ashland. The council must examine all persons
offered as sureties on such bonds,under oath, and require such
sureties to subscribe and respectively swear to his statement in
regard to his pecuniary ability to became such surety; and no person
who is holden as principal or surety upon any bond, as , provided
herein,"-shall be permitted to become a surety upon ahy other
bond of like character; and additional bonds may be required at
6-
i
any tire by the city council, when in its ,judgrrsnt such bond and
the F;ureties thereon are insufficient. And it shall be the duty of
VY.! city council of the sa=iid City of Ashland to cause to bo placed
on the ticket or ballot, at each annual election, the following
questions: "Shall the City of Ashland,-Oregon, license the sale of 1
i
spirituous, vinous, malt, or intoxicating liquors within the
i
corporate limits of such city during the municipal year?" and, the
indicative words' "Yes," '"•''o." If a majority or the votes east at
a11Tf suo"r eiootion shall fz-.vor the licensing and sale of such liquors
t:^a city council. shall issue liquor license to any reputahla nne-le
citizen, over twenty-one ;fears of age, applying: therefor, and -bo
shall have conformed, and agrees to confor-r, to all of the re-
auir,umente of this charter, all the laves and ordinances of the
City of -shland, and eal the laws of the State of Oregon. If a
majority of the votes case at any such election shall oppose the
issiue or license for the salt; of such liquors, the city council
sOv-,11 not issue liconse during such ensuin(:; municipal year. The
municipal license yeF,%r of the City of Ashland shall co?nma.nco on the
fifteenth day of Ta,nuarY of each year, and end on the fifteenth day
of the fi flowing January. If the electors of the City of .Ashland,
or if vuc)h oity* council, nh=,ll deter-mine, as ha:r. cinbefore provided,
against the issuance of such liquor license, then no spirituous,
malt, vinous, or intoxicat.inF; liquors shall be cold, bartered, ex-
change%, or given a-~°!ay within the corporate lindts of said City of
Ashland at any time: d; ring such municipal year And it Is ?i.uroby
made the duty of the city attorney, chief of police, or other
police officers of such city to diligently inquire after any vkLa-
tion of this act; and it is grade the special duty of the city
attorney to file or have filed a complaint in the recorder's court
against all houses, or keepers thereof, used for the :gale, eXchange,
~I
I
or gift of any kind of intoxicating liquors, or where local devices
a,r..~ resorted to to prevent or avoid detection of the keeper thereof;
a,,8 upon :aid complaint beirip :so file(:, describing; the place where
the device is kept, or suspected of being- kept, and the name of the
parson is kno',"n violating; this act, said city recorder shall issue
hi;, warrant commandintr the chief of police or other police officer
to, r:carch such place, and if the law is being violated, to arrest
the person or persons violating, the law; and it shall be the duty
of t1he chief of police or other police officers, after having. ob-
taincr: sunli warrant, to demand addiseion into such house or place
whore such device is .cep, for the sale or gift of intoxicating
licraors, and upon adinitt;uice being refused, such police officer is
herab- authorized and .rcciu:i.:ed by law to force open the same and
a.rrast and hold for tvial before the recorder all such persons Pkio
shawl violate any of the provisions of this act; and it is the duty
of the city recorder to see that this law is rigidly enforced. All
i
prosenutione under this a.ct shall be tried before the recorder of
said City of Ashla^d, and without the intervention of a jury, and
the Judgment: and determination of the recorder shall be conclusive
and final, subject only to ::;rit of review of the appellate court
havirlF jurisdiction. And it) such prosecution, by indictment. or
otherwise, it shall not bpi neoes.,!ary to state the kind of intoxioalt-
i-g; lifn;crs sold., nor to describe the place whore sold, provided
tro :.xa1e or disposal shall be within the city limits, nor to show
the :knowledge of the principal, to convict fott the act of the
agent or servant; and in all cases the person to whom the in-
toxicating; liquors shall be sold in violation of this act shall be
competent witnesses. The issuance of e, license or internal revenue
special tax damp by the federal government to any Person for the
sale of intoxicating liquors, or the certificate of the collector
i
I
of internal revenue that sucY• license or tax stamp# --lid at the time i
being-, 11as been issued to any persor., shall ba prima facie evidence
th:,-t such person is selllnr„ exehan,7ing, or giving away intorisat-
tnn lirniors.
Section 6. The Common Council by a tyro-thirds vote of the
Council at any regular or adjourned rleeting shall have tl:e power
vAthin the limits of the City of Ashland to license, tax and.
TCUl~. i;^, sl.aurhter houses, wash houses and public laundries and
1
p c.~v* de for their renoval from the city.
Section 7. T_^e Common Council by a two-thirds vote of the
Council at any reCular or adjourned meeting shall have the power
wit:nin the limits'of tis City of Ashland to IYa suppress, restrain
r
aa,' •crohillit,, '.vit`nin the city limits, cruelty to aninals,
minl.ic dance-ho4dcs, bawdy-houses, assignation-houses, gambling-
ho'.ses, ramin-,a.nci raminrc-houses, immoral anddisorderly conex..ot,
obscene, abusive aand insulting lanCuage, and language tending to
provoke another ,,t6 commit a breach of the peace; obscene, imimoral,
ant' corgi ptinrz plays, shows, theatricals, lectures, exhibitions
i
and.anuse*isnts', the running at large of stock, poultry and dogs,
intoxication, an6 furnishinrr intoxicating liquors to indigent
persons, habit}ial' drunkards, minors, women profligates, dangerous
and quarrel.so%Aie arsons, and Indians. To suppress, restrain, and
prohibit,ba_-room=s, drinking shops, dririxint; saloono, tippling ~
shops; tippling-houses, club-rooms, club-houses, and all places in
wbir..h spirituous; vinous, malt and intoxicating liquors are kept,
sold or di'i3posed'of, or given array, unless a license has been
j,
procured by t}ie owners, proprietors or managers of such resorte,
as provided in thi® charter and the laws and ordinances of the
City of Ashland: TO suppress, restrain and prohibit fighting,
quarreling, r., ts,`.unusual noises, disturbances of the peace,
-9-
trespass on real or personal property, and any disorderly
assemblage and indecent conduct, and obstruction, pollution,
divers to , waste, extravagant use of, waters of ?Sill or Ashland
Creeks, either within or above the city limits; all nuisances and
the introduction and spread of any dangerous or contagious dis-
eases; the maintaining of any open ditches or sewers within the
city, when the same is a Menace to the property or health of the
inhabitants; the accumulation of refuse matter, or debris, main-
taining :faulty or dangerous structures and flues, whereby danger
from fire is increased; the blocking and Improneruse of any of the
streets, sidewalks, alleys and crossings, and all the other places
within the city; and all other things which the mayor and city
council malr deem injurious to the health, happiness and well-being
and prosperity of the inhabitants of the city.
Section 8. The Common Council by a two-thirds vote of the
Council at a-W regizlar or adjourned meeting shall have the power
within the limits of the City of Ashland to regulate the storagage
and use, of explosives within the city. The maximum rate of riding
and driving; horses, mules and other animals; riding bicycles,
running trains and such other menaces to public safety which the
council may from time to time deem proper.
Section 9. The Common Council by a two-thirds vote of the
Council at any regular or adjourned meeting shall have the power
within the limits of the City of Ashland to provide for the em-
ployment of paupers and vagrants at hard labor.
Section 10. The Common Council by a two-thirds vote of the
Council at any regular or adjourned meeting shall have the power
within the limits of the City of Ashland to cause the oe w pants of
buildings anolots and the owners thereof to remove any and all
obstructions from rublic highways, streets, alleys, crosswalks,
-10-
i
sidewalks, gutters and sewers and keep the same in repair and in a
free and clean condition in front of ouch abutting lots, each to the
center of the street, and punish neglect therefor, and when neglect-
ed may cause the same to be done by the city and collect any
expenses incident thereto, together with a ten per cent. penalty,
of such owners and abutting:, lots as special asses,mments against
I
the same, ohich may be collected in the manner provided for col-
looting; the general taxes of the city.
erection 11. The Common Council by a two-t?-irde vote of the
Council at any regular or adjourned meeting shall have the power
within the limits of the City of Ashland to prohibit the officers
I
of the city from being interested, either directly or indirectly, i
.in any contract made with the city, and, provide for the survey of
lots, blocks, streets and alley of the city; the establishment of
the grades of the streets, alleys and sidewalks; the naming of
the streets, and nlatt'_ng, and accepting the plats of the city and
any addition thereto.
Section 12. The Common Council by a two-thirds vote of the
Council at any regular or adjourned meeting shall have the power
within the limits of the City of Ashland to provide the city with
water and lights and for the erection of such water and light works
within and without the city limits as may be necessary and con-
venient, and make contracts and grant franchises and contracts for
i
suchnurcoses; also to grant franchises to light companies, street
railways, telephone and telegraph companies, end for their use of
the streets and the alleys of the city, when the council deems that
I
the same may conduce to the beet interests of the city, and on
such terms as they may deem ,just, but no franchise shall be granted
for a longer tthemm than twenty-five (25) years: Provided, that no
franchise for any public utility, public easement, or right of way,
shall be granted to any person, persons, or corporation for a
-11-
longer period than ten years, ul thout first submittin,l the pro-
position for s-ch franchise to a popular vote of the legal voters
resident within the limit of said city of Ashland., nor until a
majority of said legal voters shall have approved the same.
Section 13. The Corrnon Council by a two-thirds vote of the
Cour.til at any reotlar or adjourned neetina shall have the power
withinthe linits of the City of Ashland to prescribe fire limits
and prohibit the erection and repair of vooden buildings within
such limits, and n rescribe the requirements and character of all
buildings to be thereafter erected within such limits, and pro-
vide uuntohment for the -iolation of such requirements; and provide
for the removal of any and all huildin s erected contrary • to such
requirements at the expense of the owner or owners thereof; to
cause the owners of all buildings to keep them in a safe condition
as to fire and danger of falling and condemn the same when unsafeq
and cause the same to be repaired or removed at the expense of
the owner thereof; to regulate and control all public halls and
buildings used for public gatherings and prevent public gatherings
in the same when they are unsafe or dangerous or have not suffi-
cient or convenient means of exit in case of accident or fire.
Section 14. The Common Council by a two-thirds vote of the
Council. at any regular or adjourned meeting shall have the power
within the city limits of the City of Ashland
to regulate and ectablish.the fees and compensation of all officers
'i of the city, except the recorder and chief of police in the dis-
charge of duties as justice and oonstable under the state law,
but in the performance of such duties they shall respectively have
and receive the same fees as allowed to justices of the peace and
constables for like services; to provide fire engines and other
-12-
apparatus for the xtinnuishment of fires; establish fire com-
panies and rerilate the samo; appoint fire wardens and prescribe i
their duties.
Section 15. The Common Council by a two-thirds vote of the
Coundil at any regular or adjourned meeting shall have the power
within the limftln`off the City of Ashland to lay out, establish,
v.cate, widen,,q/en and extend streets or parts of streets and
alleys, or parts of, alloys in said city; and to lay out, establish,
erect, const'uat and'maintain any and all public parrs, public
grounds or/lOublic works provided for in this act. I
S-CtA/on 16- .',The Common Council by a two-thirds vote of the f
Council at any regular or adjourned meeting; shall have the power
within the limita,of the City of Ashland to provide by ordinance for
having domesti6 and other animals found running at large within
the city limits 'iaetrained, impounded and forfeited, and may sell
the samo when f6r`taited, as provided by law for execution sales
of personal pr,ifpertt`y,,, ,and apply the proceeds as it deems expedient;
any' in the ohws of Aogs, may, when they are found running at large
without of licone,icauce them to be killed or disposed of after
such per:W of detention as may be prescribed.
Section 17. 'The Common Council by a tyro-thirds vote of the
Council at any regul'a or adjourned meeting shall have the power
.Jthin the xitc liim eta of the City of Ashland to recover from any
person or persons and their estates the expense of care and
i
treatment' when skit,, which may have been provided by the city and
for which the city nay have incurred liability or been put to expense.
in theiribehalf/of,any person or persons whom by law they are
bound toi supporf,!land an action therefor rosy be brought and main-
tained in anF* court: of competent ,jurisdiction.
-13-
Section 18. The Common Council by a two-thirds vote of the
Council at any regular or adjourned meeting shall have the power
within the limits of the City of Ashland to regulate the burial
of the dead within the city; to prescribe the location of all
cemeteries or burial grounds within the limits of the city and to
prevent the interment of any body within the city limits and to
cause any body interred, contrary to such prohibition, to be taken
up and buried without the limits of the city; to condemn any
cemetery or burying ground now within the limits of the city and
declare the same to be a nuisance and cause to be removed, at the
city expense, all bodies then buried therein and to re-inter such
j bodies at some suitable place to be provided by the common council
for such purpose and replace in a substantial manner all monuments
at such place of re-interment. The common council shall have full
jurisdiction over all cemeteries belonging to the city, whether
within or beyond the city limits, and all the walks and ways
leading from the city to such cemeteries;; power to regulate,
improve and. protect the same in all respects, and to punish by
fine or imprisonment or both any violation of any ordinance in
respect thereto..
Section 19. The Common Council, by a two-thirds vote of
the Council at. any regular or adjourned meeting shall have the
power to borrow and pledge the credit of the City of Ashland
therefor, the following sums of money, for the purposes herein
mentioned, and not to exceed the several sums herein stated, to
wit: The sum of $509000.00, for the purpose of supplying the
City with a sewerage system; further to borrow and pledge the faith
and credit of the said the City of Ashland therefor, the sum of
$27,000.00, for the purpose of purchasing water rights and for
i
the purpose of perfecting the water system of the said City,
which said $27,000.00 shall be in addition to the $73,000.00 in
15L I
bonds of said the City of Ashland heretofore issued and sold by
"VY-
said the City of Ashland for such purpose, which bonded indebted-
ness so now existing is hereby recognised, ratified and confirmed;
further to borrow, and pledge the faith and credit of said the
City of Ashland therefor, the sum of $80,000.00, for the purpose
of purchasing or constructing and operating an electric light
and power plant to be owned and operated by the said the City of
Ashland. Of said sum of $80,000.00, hereby authorized for the
purpose of purchasing or constructing and operating an electric
licht and power plant, to be owned and operated by the said the
i
City of Ashland, $50,000.00 have heretofore been authorized by
a vote of the people of the city of Ashland, at an election
held in said City on July 11th, 1905, and $2500 of said amount,
in bonds, have heretofore been issued and sold by said the City
of Ashland, and such bonded indebtedness so now existing is
hereby recognized, ratified and confirmed. The various sums
hereinabove provided for shall be issued for the purposes herein
expressly stated, and for no other purposes, and for the purpose
of carrying the same into effect. The Common Council of the said
the City of Ashland shall have the power at any time to issue
the bonds of the said City for said sum of $779500.00 for the
purpose of purchasing, or constructing and operating an electric
light and power plant to be owned and operated by the said City _
of Ashland. Provided; however, $47,500 of said bonds, being j
I
the remainder of such issue authorized by a vote of the people
of said City ofAshland at said election held July lith, 19050
shall be dated on the date when the same shall be issued in the
sums of $500.00 each, with interest coupons attached thereto,
r^ payable to the bearer or purchaser thereof as follows: Fide of
said bonds, of 500.00, each, payable on September let, 1911,
and five of said bonds, of $500.00 each, payable on September let
of each year thereafter; the principal thereof bearing interest,
after date, at the rate of four and one-half per cent per annum,
payable semi-annually. The remainder of such bonds hereby
authorized for said electric light and power plant, to wit, the
sum of 30,000.003 shall be of the denominations and payable at
the time or times and at the places, and bear the rate of interest,
the Common Council of the City of Ashland may from time.to time,
prior to the sale thereof, determine upon; provided, however,
such rate of interest shall not exceed the sum of
per cent. per annum, payable semi-annually. Any proposition for
the purpose of pledging the faith and credit of the said City in
carrying out the provisions of this Section or for the issuance
r
of bonds for such purpose, other than for\the issuance of the
bonds, aforesaid for the purpose ofpurchasing or constructing and
operating an electric light and power plant to be owned and oper-
ated by the said City of Ashland, shall first be submitted to a
vote of the electors of the said City at a'special election to be
called for such purpose, and such proposition shall receive a
majority of all the votes cast at such election.
Section 20. The council shall approve all official under-
takings and all bonds running to the city, and all such bonds
shall be filed with the city recorder, except the bond for the
city recorder, which shall be filed with the city treasurer.
Section 21. At the close of each fiscal year, which shall
be on the thirty-first of December in each year, the common
council shall cause to be published in some newspaper published
within the city a full, complete and detailed statement of all
money received by the city government during the preceding year
and on what account received and expended, classifying each
receipt and expenditure under its appropriate head.
Section 22. No member of the common council shall, during
the term of his office, be interested in any contract with the
I
' city; and all jobs or contracts for constructing, repairing,
ornamenting or improving.anny public place in the city or out of
it, the expenses of which are to be paid out of the city treasury,
and the probable cost of which will exceed $500.00, it shall
advertise for ten days for bide therefor, to be done according
to the specifications approved by the common council and made
and provided further, that, whenever, under the charter or ordinances
of the said city the common council may have or shall hereafter have
failed to obtain a satisfactory bid for the performance'of the labor
' and the fsrnishing of the material or either of them embraced in any
projected improvement on the streets or alleys, the erection oa
building, or any other public improvement, for which proposals ave
been invited by public advertisement, the common council may, ly a
twozthirds vote of the council, undertake and perform such improvement
and furnish the material thereforg under the direction of said common
council or a competent perccn selected by the council for such pur-
pose; and provided further, that. where machinery and material can be
purchased in open market on satisfactory terms, and tho saving of
time is essential to secure delivery of such material, or :machinery
and supplies purtenant thereto, in order to expedite the construction
or execution of such public improvement, the common council may dia-
penso with the advertising for proposals for such materials or machin-
ery and supplies purtenant thereto and the labor for the installation
or layinf of such machinery and material, and the same may be performed
by the common council or under tine direction. of a competent person
selected by the said council.
I
r
r
2- A special election of the qualified electors. of the said City
of Ashland is hereby called and appointed to be held on Monday, the
26th day of October, 1906, at the usual places where the elections
of the city of Ashland are held for voting upon ttie foregoing amend-
ment to the city charter, to wit:
I"irst ';V'ard, voting place, Ganiard's Opera House.
Second Ward, voting place, Militia barracks, 1:1cCarthy Bldg., corner ~
Main and Grannte Streets.
1
Thirs Ward, voting place, City Hall. i
The following appointments @L Judges of election are hereby ~
i
made: I
First Ward : H. T. Mitchell, Frank Sutton, N. J. Reasoner.
Second Ward: F. G. McWilliams Chas. Gillette 0. C Tiffany
Third Ward : 11. F. Pohland G. F. Graves J. H. Provost.
The two judges. last named in each ward are also appointed to act
ae clerks of election. The City Recorder is directed to mare the
required notice of publication in the newspapers of the City.
The said special election shall be conducted in accordance with
the provisions of Article 4 of the Charter of the City of Ashland
and according to the laws of the State of Oregon, so far as practicable.
3- :his resolution shall take effect and be in force upon the
expiration of ten days after its adoption by the council and approval
by the mayor.
4 - The foregoing resolution was adopted by the co=,on council of
the City of Ashland at an adjourned regular meeting on the 30th day
of September, 1908, under a suspension of the rules, two thirds
voting in favor thereof, by a vote of in favor thereof
and none against the same.
To all of which 1 hereby certify. j
Ci order.
1 hereby approve the foregoing resolution.thia the P/(day of Sept.
-ALA -
1908,
1and
Acting 1A of A sn
ay 0 r -