HomeMy WebLinkAbout1916-17 Proposing to Amend Articles XIX & XX of the Charter-COPY
R ~~-17 W6
RESOLUTION
PROPOSING-,TO AMEND
ARTICLES XIX AND U, OF
THE CHARTER
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Filed this day of
191
City Recorder.
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OFFICE OF
CITY RECORDER
ASHLAND, Oltl?OO\
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h
RESOLUTION---- CALLING SPECIAL ELECTION-----
rTikEAS, upon the recommendation of ghe Trustees of the Commercial
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Club of the city of Ashland,. as well as "Upon the recommendation of other citizens
and tax payers, the Common Council of the City of Ashland, after due consideration t
of said reeommeridations and of the matters hereinafter expressed, have deemed it
advisable that certain amendments be made to, the Chatter of said city of Ashland,
and that such amendments be submitted to the legal voters of said
city, at a special
election, ealled:for-that purpose, and
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fflEMEAS, under authority granter, to the city council, by and under
Section 6,-of:Ordinanee number 357, which ordinance was duly approved on the 18th
day of August, 1908, and authorizing the common council of the city of Ashland,
jf Oregon, to;, ,all special elections, at any time for the purpose of amending the
Charter of ,Said city, upon a resolution proposed by the said Common Council, which
election shall only be held after due notice thereof, and the appointment of judges
of Saideetion, shall have been given by publication in a newspaper, published in
the eity,of gshland, or by conspieiously posting a notice in each of the wards
ofaid - eity'not less than ten days prior to any such special election.
/ NOW TMP.EFORF. BE IT RESOLVE_
f ~ ~ . By tte Common Council, of the city of
,ahfand,/Oregon, in regular adjourned session assembled, this 9th day of November,
1916',,1hat. :a•speeial election of the qualified electors of the city of Ashland, be.,
and h#reby is called'arid appointed, to be held on Friday, the 24th day of Nov.
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1916 for the purpose of submitting to thb electors of said city, the following
e ndment t0 the Charter of the city, for the approval or rejection of said
leat4s, 11 6o wft:
AN ACT
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,.26•amend Articles XIX and XX of the charter of the city of Ashland,
Oregon,s~id_.Chaiter being that certain act of the Legislative Assembly of the
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state 9J/ 0`regon, filed in.the office of the Secretary of State, October, 14, 18989
entitled, :!Itm Act to amend an Act entitleR. 'An act to incorporate the city of
Ashl"Id, in Jao'kson county, Oregon, and define the power thereof, "filed in the
offit i of'the S,ocretary of State, February ?,5th, 1895, amending the same," as
amended b." all" acts subsequent thereto, either of the Legislative Assembly of the
etete<of,'Oreg on, or by vote of the qu^lified electors of the city of Ashland,
OreonOofi; to abolish the Ashland Park Commission, created by Section 2 of
Arftig];. XiI of said Charter, as said Article XIX was added to and made a part
of,-the„Charter by an amendment made effective Tay the proclamation of the Mayor of
t, said city on the 17th day of December, 1908; and also to abolish the Springs
K`ater 4ommission, created by Section 1 and 2 of f.rtiole XX of the Charter of
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th'~• e~city of Ashland, Oregon, as said Article XX was added to and made a
part of ~
r sai' Charter, and beeeme operative upon the proclamation of the MEVor of said
city ion t-e 27th day of June, 1914, and repealing all charter precisions,
ordin~pcee and resolutions of the said atty of Ashland in conflict herewith; the
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creat pn of a new board to be known and designated as Mineral Springs & Park
Commi,~eelon,•-fixing terms of office, defining its powers and duties and r
. providing
Or ~he\breation of a fund to be expended in publicity and for the maintenance
riW bette ment.
•I. ,r of the auxiliary water plant snd the public parks of the city
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I Ashland; and directing that all public funds, assests or other property whatsoever
now in the possession of either the Ashland Park Commission or the Springs Water
.i Commission, be delivered to the successors in office of said Commissions, and
for the leasing, upon a royalty or other consideration, either for bathing or other
medicinal purposes, till of this surplus waters, over and above that consummed at', the,.,-
public fountains, of the several mineral springs now being piped into the oity;of
'Ashland, and to grant concessions.
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BE IT EEACTW BY THE PEOPLE OF THE CITY OF ASHLAND, OREGON.,
That Article XIX and XX, as said Articles were added to and made 'it part of
the Charter of the city of Ashland, said Article XIX becoming operative by the pro-
clamation of the Mayor of said city on the 17th day of December, 1908, as further
amended, and proclaimed by the Mayor on the 13th day of May, 1912, and the said
Article XX becoming operative by the proclamation of the Mayor of said city,' made on
the 27th day of June, 1914, be amended so as to read as follows: r
Section 1.- That both the Ashland Park Commission qnd the Sprigs water
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Commission be,and t'•ey are hereby abolished. Progided,However, that the members of
othe the Ashland Park Commission and the Springs later Commission, shall t.e_tain their
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respective offices, and perform all the duties pertaining thereto, as provided and
required by Charter Amendments and Ordinances of the city of Ashland, until`,such time
as their successors in office shall be regularly elected and qualified,`as hereinafter
set forth.
Section 2. A Board is hereby created, which shall be known and,$esignated
as the Mineral Springs & Park Commission, •-hioh Board shall consist of three/members,
each of whom shall be resident a freeholder and a legal voter of the d ty of Ashland,
Oregon.
Section 3, The first members of skid Board shall be a&eoted by the voters
of the city of Ashland, at any general city election, or at any special election called
for the purpose. One of said members shall serve as Ouch for a term,of one year,
from the 1st day of January, 1917; one shall serve for a term of two years, from said
lst day of January, and the third member shall serve for a term of t1rea years, from
the said 1st day of January. Provided, however, that each of said members shall serve
until his successor is duly elected and qualified. The member ileet~d for the long
term shall be the Chairman of skid Board, during his term of office. It is further
provided, that membership to said Board shall be regularly filled every year, as
follows: One member shall be elected at the annual city election, to'be.held in
December, 1917; and every year thereafter, a member ahi11 be elected at the annual
city election. The full term of office of each of said members so elected, after
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the first set of officers, shall be three years, and they shall each tyke office on
the let day of January, following his election, and the member oldest in service on
the Board, shall be its Chairman. Provided, further, that in case of vacancies
occuring on said Board, the same may be filled by appointment by the ,Zayor-,of the city,
thigh appointee shell hold office until the nest annual city election, or until a
successor is elected and qualified. Appointments so made, myst, before going into
effect, be confirmed by the city council. Provided, further, that 1--11 candidates for
membership on said Board, shall be nominated in the same manner and within the time,
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as provided in Section three of Article IP of the City Charter. The vote for members o
of said Board shall be canvassed and a certificate ofilection issued and 09e iveze,' to the
successful candidates, as provided in section seven of said Article I9,/abd thereafter
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and such person shall oualifyby taking the oath of office,as provided in Section nine.
of Article"TB, of the city charter.
`.'Section 4. rhenever the members of said funeral Springs Park Commission
have tieen heoted and qualified, as hereinabove provided, the Springs ~daterGomaiisaion
and the A70hlandiPerk Commission shall each, immediateljt, after such qualification,
deliver t the said ilineral Springs & Park Commission, all public records, money,
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and otlier public property, in possession of either of said eommissiong, by virtue
offtheir respective offices, together with the possession of the Mineral Springs
s/plant, and the possession of all the park lands of the city, hereinafter particularly
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described, and that thereafter, the operation, management and control of said
Mineral Springs !"ester plant, and the parks and the park lands, of the city of
Ashland. shall devolve upon said Mineral Springs & Park Commission board, and the
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1 said Springs Water Commission and the said Ashland Park Commission, shall be re-
lieved of further management, control or responsibility on account of said parks and
said water plant.,
Section 5. The members of the said Mineral Springs & Paxk Commission
after qualifying, as aforesaid, shall immeeiately meet and elect one of their number
as Secretary, and shall then, or as soon thereaftef as practical, formulate and
adopt rules and regulations for their government, and for the purpose of carrying
into effect the purposes of their creation; as a commission, under the, provisions
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of this amendment. she said Board shall also appoint a Superintendent of Perks, and
a Superintendent of the ilineral Springs Water Plant, and shall fix the compensation,
to be paid to each of said Superintendents who shall have the powers of policemen
within the city limits. She Board shall have power to discharge either,: or both
of such Superintendents, whenever, in the judgment of the Board, such cischarge will -
be for the best interests of the city, and the Board may employ additional laborers
to assist in the necessary up-keep and maintenance of said water plant, and the
public parks of the city. But all such additional laborers shall be un:ier the
immediate supervision cnd direction of the respective Superintendent of Parks or
the Superintendent of the Mineral Springs Plant, as the ease may be, either of which
Superintendents shall huve authority to discharge any such sub-ordinate employee, who
fails, neglects or refuses to render good rnd efficient service An the line of his
employment.
Section 6. 7hat the lands now os,neft by the city of Ashland, (except
its streets, alleys and plaza, and excepting also such lands as are nor owned by
it for the purpose of taking rock for street purposes, city pound, hitoi?ing grounds,
reservoir sites, septic tanks public market sites and such lands as have been Ieken over
by the city on account of public rssess ments.) and all lands owned by said city border-
ing upon or adjacent to Ashland creek, and describer' as follows, towit: Beginning at
the point of intersection of Hain street and south Pioneer Avenue; th ence southerly
along said South Pioneer Avenue to its intersection with the south lint) of D.L.C.
Do. 40; thence east on said D.L.C. line to Glenview Drive; thence southerly along said
Glenview Drive to its intersection with the south line of the NTT of the NA; of
Section 16, township 39, south, range 1, east, M1, Oregon; thence west along slid
line to Granite street; thence northerly along Granite street to M n street; thence
southeasterly along Bain street to plies of2beginning. And all lands acquired by
Ashland; and directing that all
Public funds assets or other property r.,hat9,oever,
now in the possession of either the Ashland Park Commission or.the.Springs ;-at sr
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the city during the year 1915, abutting on either Mll street or Granite street in city
and also all park lands in the center of the Boulevard and the center of the, Plaza,
are hereby reserved and forever dedicated by the people of the city of Ashland
for par purposes, and shall never be sold; encumbered or used for any other purpose
inconsistent therewith; provided, however, that such public buildings 'as -may enhance
the b`$auty of said Parks or which shall ntt detract therefrom may be,ereeteo and main-
tainted therein, with the approval snd under the direction of the said Board.
ProvideA, Ehrther, that nothing contained in this act shall be construed so as to
impair or interfere with the proper maintenance or oiler ation of the city's light,
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power or water system, or the right to protect the water of said creek from-contaminatioh
nor to prevent the city council from making street connection between Mill.street and
Granite street or any point they may select, and to grade, pave, or otherwise improve-
such street or streets.
Section 7. she said mineral Springs °e Park Commission shall have control
and management of all the lands so dedicated for park purposes, and all other lands
that may hereafter be acquired by the city for such purposes. And the right to control
and manage said park lands shall include and empower said Board to improve and beautify
the same, andito grant concessions to individuals, companies or corporations, to son-
duet places of amusement, Fnd business of a temporary nature, such`as confectionary and
iceeream stands, etc., within the boundaries of said park, and to charge and collect a
reasonable fee for such concessions, but no concession shall be granted for a dionger
period than ten years, without the Board having first been authorized so to do by a
majority vote of the electors of the city of Ashland. erovided; further, that concessions
shall in no event be granted by said Board for the conducting, operat ng,.or playing of -v
any game of ehanee,-or other form of amusement in which the element ''of oha4ce enters,
or the playing or operating of which is in violation of the 1rwe -of'the,''_ste,te of Oregon.
or the Chatter, or any of tie Ordinances of the city of Ashland' nor shA.?1.permission
be grrinted, licensing or allowinr, impreper or immoral conduct on any.of,the parks of
the city. Said Board is further authorized and empowered, at its discretion, to either,
lease or charge a royalty for a term not exceeding twenty-five yenre, for.-the use of
the city's interest in any of the mineral waters flowing into said park, q er ~-nd
above that drunk or otherwise consumed at the public fountains. The Board` shall have
control r nd direct the expenditure of all the park funds, and funds create,' or
received for the maintenance of the Auxiliary -star P1*nt, the public parks an& for
publicity purposes, as hereinafter set out, whether said funds ere obtrined by tvxation,
donation or otherwise.
Said Board shall also brve pc;wer, rind it shall be its duty to employ Stich
means as maybe necessary to prevent the ravages of the pine beetle, now working on he
growing timber, located on any of the park lands horeinabove described, end to,'prot¢ept
said timber from distruction by srid bebtles or other insects, or by fire, and' th9-:
Board is further empowered to expend from the fundshereinafter created, such amgti4 s
as are reasonably necessary in the protection of said growing timber; the Bofr$ is r-1,40
authorized and empowered to sell and dispose of, et the best price obtsinsble,`all de\d
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timber, rind all fully matured trees, which may show signs or decay, found on any of the
said, park lends, and to deposits the proceeds of such sales in the aforesaid f=na, but
none other of the growing timber on said lands shall ever be sold or otherwise desposed of.
It shall be the duty of said Board, and it shall, on the lst of each month
file with the City Recorder, for the information of the council and the public, a com-
plete report of its doings for the preceding month, which report shall specify all
funds on hand, and the source from whence obtained, and it shall carry a clear state-
ment of all moneys expended and for v&M purpose, including all purchases made and all
labor performed, together with the cost thereof. Said report shall also contain a
full and complete statement of all improvements made in and about said park, as well
as improvements made in connection with the said Auxiliary later Plant. Said BoW(1
shall on or before the let day of November, of each year, file with the City Recorder,
for the information of the council, a full and complete estimate of the amounts to be
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exnende^ and the nature of such eppenditures in the operation, improvement and repairs
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of the said public parks and .said Auxiliary Water Plant for the succeeding year.
I• Section 8. The common council of the sit;; of Ashland is hereby am-
powered and, directed to levy a tax of not less than three and one half mills nor more
than five mills on the dollar on all of the taxable property of the city, at the time of
milking the general levy for other expenses of the city, as provided in Section 2 of
Article VTl,of the City Charter, which levy shall be in lieu of the one half mill levy
provided for in Section twenty three of said Article V1I; the two mill levy provider, for
in Section 3 of Article %I%, and the one mill levy provided for in Section nine of -
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Article %X, all of the Charter of the city of Ashland nhich levy shall be made annually
for a period of five years, beginning with the 1916 levy. And thereafter the council
may levy a sufficient sum each year, not exceeding five mills, on the dollar, of the
taxable property of the city to defray the necessary maintenance and improvement of
said parka and Auxiliary <;ater System, and for publicity purposes.
Whenever any money is collected on account of baid levy, or is
received from, any other source, for the aforesaid purposes, the same shall be deposited
with the City Treasurer, and be subject to the order of said Board, The funds so creat-
ed shall first be eeeonomically and judiciously used in the maintenance, up-keep and better-
ment of the said auxiliary writer plant rind t*,e public parks of the city, and any excess
of said fund, over and above the amount necessary to so maintain and improve the said
water system and the said parks, and to protect the grossing timber, located on the
parks, from distruotion by bottles, other insects or by sire, may be expended in the
advertising of the attractions. resources and advantages of the city of liahland, and
other publicity purposes, which from tire to time may arise, including donations, which
will tend to improve and stimulate business conditions of the city. Provided, how-
ever, that so long as the Southern Oregon Chautauqua Association shall own the
Chautauqua park in said oity, and the general public shall be permitted to use the same
for public purposes, as in previous years, the said !Iineral Springs t. Park Commisaion
shall, in consideration of such use, annually appropriate from the proceeds of the levy
provided for in this section, the sum of Three Hundred (0300.00) Dollars, which aum
shall be expended for the maintenance and beautifying of said Chautauqua park.
Section 9. The members of said Board shall serve without pay, ex-
cept for extra-ordinary services required of them, and fir expenses necessarily in-
Burred in the performance of their duties. The Board shall hold regular monthly
meetings,'vbich shall be open to he general public, and accurate book accounts and
minutes of the Board shall be kept, all of vthich shall constitute public records, and
be subject to the inspection of the general public, under the direction and super-
vision of the custodian ofthe records, at such times ss said. inspection will not in-
terfere with the official business of the board or such custodian. The members of
said Board, before entering upon the discharge of their official duties shall give a
good and sufficient surety bond, in a sum of not less than five hundred ($500.00)
Dollars, conditioned upon the faithful performance of their duties as members of said
Board, as herein provided; and the accounting for all funds or other property that may
pass into their hands by virtue of this charter amendment, the premiums of which bonds
shall be paid out of the fund hereby created.
Section 10. Bo gember of the Board shall, during the term of his office,
be interested in any contract with the Board, and all Juba and contracts for constructing
repairing, ornamenting or improving any of the public par'•s of the city, or the main-
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tenance, upkeep or repair of the Auxiliary Water Plant, or the protection of the
public parks from the ravages of the pine beetle, other insects, or from fire, the
probably cost of which will exceed $500.00, shall be advertiser for ten days; calling
for bids therefor,tibioh work shall be done according to the plane and specifications
to be furnished and approved by the Board. Provided, that the Board shall have
the right to reJecE any and all bids without incurring any liability on account of
such rejection.
Section 11. The powers granted to, and the duties imposed upon the
Ashland Park Commission, by that certain ordinance number 686, entitled "An ordinance
defining the meaning of the words "Park' and 'Parks', and to regulate the use of the
public parks of the city of Ashland, Oregon, adopter by the Common Council, on the
18th day of Pray, 1916, and approved by the Mayor on the 22nd flay of flay, 1916 are
hereby a=:tendeo to, and shall be exercise^ by., and required of the said Tlineral
Sprinma F: PFrkCommission, hereinabove created, and all of the provisions of said
j ordinance are hereby approved and confirmed.
Section 12. That all charter provisions, ordinances, end resolutions,
of the city of Ashland, Oregon, in conflict with this amendmeat, especillly `hose
charter provisions of Articles XIX and 3'X, are hereby repealefl. Except, ho-.-Burr,
the amendment to Section 1, of 'rtiole IX, adopted by the people of the city
of Ashland, Oregon, on the 6th day of ':,y, 1912, in so far as said amendment granted
certain rights and privileges and imposeyd certain_8xebtions and burdens on the
Southern Oregon Chautauqua rssocistion* it being the intention that all such rights
and privileges,eo grantted, and all of the burdens placed upon and required of said
Association, by virtue of said rmendment, as set out in said ,action 1, shall be
and remain in full force and effect.
BE IT FURTHER RESOLV1:D,T_'T the following are designated as the voting
places of each of the v rds of said city for said a-oecial election:
FIRST TVP.RD: Voting place, 4th Street Fire Station building.
SECOND 7ARD: Voting place, isoCarthy hall, corner of Uni n and Granite Streets
THIRD rARD: Voting place, City Hall.
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And the following named persons are appointed judges of said election-
FIRST 17ARD: Judges, G.17.Benediet, P.S.Provost, J.W.Finnell..
SIECOND WARD:Judgee, E7.A,Patriok, Urs. Alice Uurphy, LIrs. Hathaway.
THIRD 17ARD: Judges, C.L,Cunningham, tars. O.G.Howard, J.U.Beaver.
Th& tyro judges last maned in each ward shall also act as clerks of election.
The polls shall be opener from nine o'clock in the forenoon until six
o'clock in the after noon of said day and said election shall be conducted in so-
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cordanoe with City0rdinanee No. 357, Article 4 of the charter of said city and the
general laws of Oregon after as practicable,
BE IT PLRTM RESOLVED that the city recorder be and he is hereby directed
II to give notice of such special election and the appointment of judges of election by
publication thereof, in a newspaper, publiahe& in the city of Ashland,and of the
proposed amendment of the Charter of said city, to be voted upon, at least ten
days prior to said election, as required by the laws of the state of Oregon, and
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the ordinances of said city as in such cases made end provided.
The yeas and nays were demanded and taken upon said resolution as follows;
Yeas: Asheraft, Banta, Lamb, Hininger and Corenlius.
Hays, None
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Absent: Root.
Approved the 9th day of November, ZaZyoLro 5 y oo'i' s Tans .
ATTEST Bov. 9, 1916.
eeoriaer of the city o +s andl
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