HomeMy WebLinkAbout1916-06 Charter Amendment Article XXI-COPY a a
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CHARTER A113-IND1.1TT?^
RTICLE YXI
Filed this _ day of
City Recorder.
OFFICE OF
CITY RECORDER
ASHLAND, 0I111,GOY
o _ RESOLUTION_.
I9EREAS, on Septemberl, 1909 the City of Ashlrnd issued certain general obligatim
bonds of said city known as STREET INTERSECTION BOND for the aggregate sum of 015,000, and
M REAS, heretofore bonds of said issue have. been redeemed, paid and cancelled by
said City in an amount aggregating $4,500; thereby leaving bonds oP said issue outstanding
and unpaid in a sum aggregating'Q10,500; and
i9HEF.EAS, under and pursuant to the provisions of ti-e charter of said City and the
terms and conditions in said bonds contained the said unpaid bonds of said series, to wit,
bonds numbered 77 to 88, both inclusive, in denominations of ,500 each, aggregating .)10,500,
did become on and after March 1st, 1916, payable at the option of sai.d,oity; and
WHEREAS, on July 1, 1910, said City issued its certain other'ggeneral obligation
bonds of said City known as STREET INTERSECTION BONDS for the aggregate sum of "'30,000; and
AREAS, heretofore bonds of said last named issue have bren.redeemed, paid and
cancelled by said City in an amount aggregating $18.000; thereby leaving bonds of said
last mentioned issue outstanding and unpaid in a sum aggregating .",,12,000; and
'H•'REAS, under and pursuant to the provisions of the charter of said City and the
terms and conditions in said bonds contained the said unpaid bonds of said last named
series, to wit, bonds numbered 37 to 60, both inclusive, being in denominations of
$500 each, aggregating $$12.000. will become on April 1, 1916, payable at the option of
said City; and
WHEREAS, on April 1, 19110 said City issued its certain other general obligation
bonds also knownas STREET INTERSECTION BONDS FOR THE fiGGREGATE sum of 4,$5.000; and
:HERE'S, heretofore bonds of said last mentioned issue have been redeemed, paid
and cancelled by said City in an amount aggregating $23,000; thereby leaving bonds of said
issue outstanding i-nd unpaid in a sum aggregating $$12,000; and
i .MEEEAS, under and pursuant to the provisions of the charter of said City and the
terms and.conditions in said bonds contained the said unpaid bonds of said. mentioned series,
to-wit, bonds numbered 264 to 287, both inclusive, all for .)500 each, aggregating P?12,000,
will become on July 1, 1916, payable at the option of said City; and
:HEREA3,- on Harch 10, 1911, said City issued its certain other general obligation
bonds known as SEPTId TA _R% BONDS for the aggregate sum of J12,000; and
VUEREAS, heretofore bonds of said last mentione? issue have been redeemed, paid
and cancelled by said City in an an ount aggregating 46,000; thereby leaving bonds of said
Bast mentioned issue outstanding and unpaid in a sum aggregating .)6,":00; and
VHEREAS, under and pursuant to the provisions of the charter of said City and
the terms and eonditons in said bonds contained the said unpaid bonds of said last
named aeries, to wit, bonds numbered 206 to 217,.both inclusive., all fbr .)500 each,
aggregating ^6,000, did become on and after Liarch 10, 1916, payable at the option of. said
City; and
"HEREAS, on July 1, 1913, said City issueP its certain other general obligethn
bonds known as FIRE PROTECTION BONDS for the aggregate sum of 06,000; and
HEREAS, heretofore bonds of said last named issue have been redeemed, paid and
cancelled b^ said City in an amount aggregating "3,000; thereby.leavinh bonds of said
last mentioned issue' outstanding and unpaid in a own aggregating .)3,000;.-nd
"HEREAS, under and pursuant to the proviso ions of the charter of said City and the
terms and conditions in said bonda eonteined 'he saki unpaid bonds of said last named series
to-wit, bonds numbered 750 to 755, both inclusive, for "500 each, aggreg& ng ,'qOO O will
become on July 1, 1916, payable at the option of said City.and
-HIRE^S, each end all the bonds of each and all of the aforesaid issues now outstand-
ing rnd unpaid, aggregsting .'43,500 par vrlue in amount, have.been and are drawing interest
at the rate of six per cent (6%) per €nnum, cnd
WHF.'REAS, the City of Ohl,.n. c- n -h ,-r e: c.it tine issue r_nO sell it-, `cnci:71
obligation bonds to bear interest at a rate not to exceed five per dent (5%) per annum;
and
17HE.REAS,-the Council deems it for the best interest of the City to provide by
charter amendment for the issue and sale of REFUNDING PORDS of said City in a sum not to
exceed $43,500 (which with the sinking funds nor on hand will be amply sufficient) for the
purpose of providing funds for the redemption of the aforesaid bonds of said series here- F
inabove enumerated as are now payable at the option of the City, to-wit, bonds aggregating
$16,900, and for the further purpose of providing a bond Redemption fund to be used in re-
deeming the $12,000 of said bonds optional on and after April 1, 1916, and the remaining
$15,000 hereafter to become due on July 1, 1916; now, therefore,
BE IT RESOLVED BY THE COtMON COUNCIL OF THECITY OF ASHLAND that t he following
proposed amendments to the charter of said city br and the same hereby are proposed for `
submission to the legal voters of said City for their adoption or rejection at the Special
City Election to be held on the llth day of April, 1916, as in *his resolution provided.
CHARTER AMENDt4ENTS SUBMITTED TO TkE VOTERS BY THE COUNCIL ~
AN ACT
To amend an act entitlea "An act to amend an act entitled 'An act to incorporate the city
of Ashl nd in Jackson County, Oregon, and to define the power thereof, "filed inthe officd
of the secretary of state February 21, 1889, and the acts approved February 25, 1895, amend-
ing the same" filed in the office of the Secretary of State October 14, 1898, as amended by
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an act entitled "An actt amend an act entitled 'An act to amend an act entitled an act to
incorporate the City op,Ash1rnd, in Jackson County, Oregon, andrae:fine the power thc,reof,
'filed in the office of the Secretary of Stt,te October 14, 18981'approved February 15, 1901; and
as also amender by an act entitled "An act to amend an act entitled 'An act to amend an
act entitled 'An act to incorporate the City of Ashland, Oregon, and to define the power there-
of, filed in the office of the Secretary of State February 21, 1889, and the acts a-,proved
February 25, 1895, amending the same, 'filed in the office of the Secreatry of State Oct-
ober 14, 1898" filed in the office of the Secretary of State January 31, 1903; and as
also mended by an act entitled "An act entitled an set to emend a, act entitled "An act ~
to amend 'An act to incorporate the city of Ashland, Oregon, and define the power ther of,
'filed in the office of the Secretary of State February 21, 1889, and he acts approved
February 25, 1895 amending the same, "filed in the office of the Secretary of Stw e
October 14, 1898"filed in the office of the Secretary of State February 3, 1903; end as
also amend@dg by an act entitled "An act to amend sections 5 and 19 of article V11 of
an act entitled "An act to amend an act entitled 'An act to incorporate the City of
Ashland, In Jackson County, Oregon, and define the powers thereof, 'filed in the office
of the Secretary of State February 21, 1889, and t _e act approved February 25, 1895, amend-
ing the same," and the act amending the same filed in the office of the Secretary of
State October 14, 1898, and the act approved February 15, 1901, amending the same" filed
in the office of the Secretary of St-te February 10, 1905; and as also amended by an act
entitled "An act to amend Section 1 of Article 1 of an act entitled "An act entitled
'An act to upend an not entitled "An adt to incorporate the City of Ashland and define the
powers +-hereof,"filed in the office of the Secretary of State February 21, 1889, and
the act approved February 21, 1895, amending the same,' filed in the office of the Secretary
of State October 14, 1898," filed in the office of the Secretary of State January 31, 1903"
filed in tnr- o.Afiee of the Secretary of State February 21, 1905, amending the same,"
as amended by X11 acts subsequent thereto, either of the legislative Assembly of the
State of Oregon, or by vote of the qualified electors of the city of Ashland, Oregon,
under the Constitution and the laws of Oregon, and the Charter of said eivy.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF ASHIA??D.
That an act entitled "An act to amend an act entitled 'An act to incorporate the
city of Ashland in Jackson County, Oregon, and to define the poa,er 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, as amended by an act entitled "An act to amend an act entitle' 'An act to amend
an aert entitled an act to incorporate the City of Ashland, Indackson County, Oregon, and
define the power thereof,'f"ed in the officseof the Secretary of State October 14, 1898"
approved February 15, 1901; and as also amended by an act entitled "An act to amend an
act entitled 'An act to amend an act entitled 'An act to incorporate the City of Ashland,
Oregon. rand 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, 'filed in
the office of the Secretary oYSteTe
State January 31, 1903, and as a0lsobamendedlby anfactdentitled£"Aneact entitledeanractf
to amend an act entitled "An 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
0,1A., lq lffve f'/ed in tA e.f f~e of +l+<Sec re rn ry oFS teje
the office of the Secretary of StateAPebruary 3, 1903; and as also an ended by an act
entitled "An act to amend sections 5 and 19 of article P11 of an act entitled "An act to
amend an act entitled 'An act to incorporate the City of Ashland, In Jackson County,
Oregon, 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 Secretary of State October 14, 1898, and
the act approved February 15, 1901, amending the same" filed in the officd of the Secretary
of State February 10, 1905; and as also amended by an act entitled "An act to amend section 1
of Artieli 1 of an act entitled "An act entitled 'An act to amend an act entitled "An act to
incorporate the City of Ashland and define the powers thereof," filed
in the office of the
Seeretr.ry of State February 21, 1889, and the act approve-'
February 21 1895 amending
the
same, Ifiled in the office of the Secret-ry of State October 14, 1898,"filed in the office
of the Secretary of State January 31, 1903" filed in the office of the Secretary of State
February 21, 1905; amending the same" as amended by all acts subsequent thereto, either
of the Legislative Assembly of the State of Oregon, or-by rote of the qualified electors
of the city of Ashland, Oregon, u-,der the Constitution sad the laws of Oregon, and
the Charter of said city, be amended by adding Article XXI to read as follows;
ART TC LA XXI
Subdivision 1. For the purpose of providing funds for the refunding and
redemption of STRFMET INTERSECTION BONDS of said City numbered 77 to 88, both inclusive,
aggregating 0'10,500 payable at the option of the City on and after Piarch 1, 1916; and for
the purpose of providing funds for the refunding and redemption of SEPTIC TUR BONDS
numbered 206 to 217, both inclusive, aggregating ?6.000, which became payable at the
option of the City on and after I_Tarch 10, 1916; and for the purpose of providing funds for
the refunding and redemption of STREET INTERSECTION BONDS numbered 37 to 60, both inclusive,
aggregating $12,000, which become payable at the option of the City on April 1, 1916, and for
the purpose
providing funds for the refunding and redemption of certain other STREET
INTERSECTION BONDS, numbered 264 to 287, both inclusive, aggregating 012,000, which will
become due and payable at the option of the City on July 1, 1916, and for the purpose of
providing fiends for the refunding and redemption of FIRE. PROTECTION BONDS of said City,
numbered 750 to 755, both inclusive, aggregating $3,000, which :;ill become payable at
the option of said City on July 1, 1916, each and all of which bonds are hre by expressly
validated, the Council of said City is hereby authorized and empowered to issue and dis-
pose of general obligation bonds of the City in the denomination of 9500 or $1000 each duly
signed by the Pdnyor and countersigned by the Pecorder under the corporate seal of the City,
wing semi-annual interest coupons attached thereto bearing the fac-simile engraved signa-
tures of the Mayor and Recorder, whereby the City shall be held in substance and effect to
undertake and promise to pay to the bearer of each of said bonds at maturity thereof the
sum named therein in gold coin of the United States of America, with interest thereon in
like gold coin at the rate of five per cent (5,0 per annum, payable. semi-annully, each
of said bonds to be a direct general obligation of the City of Ashland and 'co be known
as-CITY OF ASHLAND F. FUNDING BONDS, provided, however, that the aggregate amount of bonds
issued under the provisions of this section shall not exceed the sum of forty three
thousand and :Give hundred dollars ($43,500) par value. Said bonds shall be dated at a
convenient period to be fixed by the Council, the maturity or maturities to be likewise
fixed by the Council. 'but not to exceed 20 years from date, and the principal and interest
of said bonds to be payable at the office of the City ^reasurer, Ashland, Oregon, or at the Fis-
cal Agency of the State of Oregon in the City of New York, at the option of the purchaser,
Subdivision 2. The bonds hereby authorized shall be sold by the Council
as in its judgment may be best, but for not less than par and aceraed interest, and the
dunds derived from the sale thereof shall be deposited with the Treasurer of said City to
it
be by him kept in a fund to be known as the "Bond Redemption Fund" and to be by him applied,
together with so much as ru y be necessary of the sinking funds now on hand for said
purposes, to the refunding rnd redemption of such of the aforesaid bonds as are nowpayable
at the option of said City and to the further redemption of such of the aforesaid bonds
as shall become payable on April let and July 1st; 1916; provided, however, that it shall be
the duty of the City treasurer to sec to the proper application of the funds derived
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from the hale of ::aid bonds, and the purchaser or purchasers thereof shall in no event be
responsible of charged with the proper application of the funds derived from the sale
thereof; and provided, also that the debt limitations contained in the charter of said
City shall not apply to the bonds hereby authorized.
II Subdivision 3. The Council shall each year at the time of making the
i annual tax levy for City purposes include in such levy a sum sufficient to pay interest
due on the outstanding bonds of this issue and to retire the principal amount thereof at
maturity.
RESOLVE) FURTHER, that this resolutioh for proposed charter amendments
submitted to the voters by the Council be filed with the Recorder of the City of Ashland
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upon its approval by the Mayor for submission to the legal voters of the said City for
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thtir rejection or Approval to be voted upon at a special election which shall be and hereby
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is ealled.to be he:Ld on the 11th Day of April, 1916, between the legal voting hours.
of said date, and that said time be and the same is hereby Designated as the time for
i holdinm saiO special election and the following named places be and they are hereby
designated as the polling places for said election and the following named persons
be €tnd they are hereby Designated Paid appointed as and for the judges and clerks of
election, to act at said polling places for said election on said dame, to wit:
Ward No. 1. Polling Place City Fire Hall-Fourth St.
G.W.Benedict Chairman, and Mts. Lulu Johnson Pnd P. Provost Judges and Clerks.
I Ward No. 2. Polling Place McCarthy Building.
W.A.Patrick, Chatrman; and Mrs. A.H.Murphy and Mrs. G.S.HP_thaway, Judges and Clerks.
.yard No. 3. Polling Place City Hall
F.J.Arant, Chairmen, and Elise Blanch Hicks, and Mrs. C.S.Johnson, Judges and Clerks.
RFSOLVrM FURTHRR, that the -Recorder ofsaid City of Ashland shall forthwith
provide a ballot title for such proposed measure to be voted upOn at said election as
by law provided.
RESOLVFD PURTHFR, that the Recorder be and he hereby is instructed and required
! to publish the hereinabove proposed charter amendments submitteP to the voters by the
Council in the manner required by law, that is to say, by.publication of this resolution
in full together with the ballot title in a newspa~er published in the City of Ashland
for two con-, eeutivetpublications in said newspaper within the ten Ways immediately preceding
said special`election, andglso by miving notice of such election P--nd appointment of Judges
of election by publication in a newspaper published in the said City and by conspicuously
posting wards of' aid City not lesa than ten days prior to the
of the a notice in each o
election.
Passed by the Common Council of the City of Ashland on the 216t day of March, 1916o
by the following vote.
Yeas: Asheraft, Root, Banta, Lamb, Nininger, Coraelius.
Nays: None.
;submitted to the Mayor on the 21st day of li. reh, 1916,
Approved by the 1jayor on the 21st day of lurch 1916.
Mayor*
Attest:
ecor era