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HomeMy WebLinkAbout1914-03 Creating Springs Water Commission Q ~ 4 ~ RESOLUTION AIENDING CHARTER, CREATING SPRINGS 17ATER 00!rEIISSION. " fl It IT L] It if IT it 9 IT IT t, IT ❑ IT it IT It it 11 t, ❑ t i LAW OFFICE OF AV. J, MOORE ASHLAND. OREGON a I I RESOLUTION. A resolution providing for a special election of the qualified electors of the city of Ashland, Oregon, to be held on the 23d day of June, 1914, MEREAS, under authority granted to the city council by and under Section 6 of Ordinance 357 which was duly approved on the 18th day of August, 1908 , authorizing.the council of the city of Ashland to call special elections, and whereas there is called a special election for June 9th, 1914, in compliance with a verified initiative petition previously filed with the City Recorder praying for a special election upon a proposed bond issue of One Hundred and Seventy-five Thousand ($p175,000) Dollars for the purpose of developing and installing of an auxiliary water plant in the city of Ashland, the said fund to be placed in the hands of a board of commissioners, to.be created for such purposes, and WHEREAS, there is no such board in existance and it is necessary to amend the Charter of the city of Ashland creating such a board, it is the sense of the city council that a.special election be held for such purpose; and that such Charter Amendment be sub- mitted to the electors of said city in manner and form following, i to-wit: I i i i 1 I AN ACT. To amend 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 power thereof,"' filed in the office of the Secretary of State,October 14th, 1898, and the amendment of said Act as adopted at the annual city election held on December 15th, 1908, and proclaimed by the Mayor on December 17th, 1908. THE PEOPLE OF THE CITY OF ASHLAND OREGON DO ENACT AS FOLLOWS: SECTION 1. That the Act entitled, "An Act to amend an Act entitled "an Act to incorporate the city of Ashland, in Jackson County, Oregon, and define the power thereof," filed in the office of the Sec- retary of State, October 14th, 1898, and the amendment of said Act, as adopted.at the annual city election, held on December 15th, 19089 and proclaimed by the Mayor on December 17th, 1908, be and the same is hereby amended affiadding Article XX thereto, which shall read as follows:. ARTICLE XX.. SECTION 1. A board is hereby created which shall be known and designated as the Springs Water Commission of the city of Ashland, which shall consist of three citizens, each a resident, householder and legal .voter of the said city of Ashland. SECTION'2. b I The first Commissioners to be elected at the same election at which this amendment is adopted shall be elected as follows: R. A. NIinkler, whose term of office shall expire the lst day of January, 1915, J. P. Dodge, whose term of office shall expire the 1st day of January, 1916,"Bert R. Greer, whose term of office shall expire the 1st day of January, 1917, each commissioner to serve until his successor is elected and qualified; and the commissioner elected for the long term shall be the chairman during his term of office. a~ I I I i s said o ssio shall se e until the 1st d o January, 1917, provi th eh sa' commissioner sh se ve until his tl}e-t - se-e - e -a -aaicl -aea~r exs- I r. }erg-Ga-t-ha suc s or 's e ected and alified. -cba -e da xy--b , -b ,arm-19L1%- 1p; a.. 1.y,- and the c m s oner elected e g term al be c airman of the boa d of commissioners Thexeaftex; Qat commissioner shall be elected at each annual city election for a three year term, and take office on the first day of the following January, and the commissioner oldest in service on the commission shall be its chairman. Provided, that in case of vacancies occuring on said board the same may be filled by appointment by the Mayor of the city and all appointments so made must, before going into effect, be confirmed by the city council. Provided, further, that all candidates for membership on said board shall be nominated in the manner and within the time as provided in Section 3, Aw,.Article 1V, of the city charter. The vote for members of said commission shall be canvassed and a certificate of election issued and delivered to the successful candidates as provided in Section 7 of Article 1V, of the charter, and thereafter such persons shall qualify by taking the oath of office as provided in Section 9, of Article 1V, of the city charter. r ~I SECTION 3. i The first commissioners elected shall meet immediately after qualifying and elect a secretary whose duties and term of office shall be such as may be provided by the commission and thereafter at the first meeting held in each year said commissioners shall elect their secretary. They may also adopt rules and regulations for their government and for the carrying into effect the objects and purposes of the creation of said Springs Water Commission. SECTION 4. The said Springs Water Commission shall have full control and 2. management of the auxiliary water plant, and is hereby given power I to'construct, install and maintain the same and do all things in and about the premises necessary for its complete construction, instal- lation and maintenance; to enter upon and use for such purposes the public grounds, streets, allies, parks and ways of the said city of V1 Ashland in so far as necessary for such construction, installation and operation, but when so used the same shall be restored by said commission to as good condition as formerly existed before such use. And any and all expenses occassioned by such restoration, and all ex- penses which may be incurred by the city in connection with said auxiliary water system, either in the matter of holding election or III otherwise shall be borne by and paid from the auxiliary water plant fund to be created and maintained as hereinafter provided. SECTIONS. j There are hereby appropriated the proceeds which may be realized I from the sale of the $175,000 bond issue voted by the people of Ashland for the purposes of constructing, installing and maintaining said auxiliary water plant and which shall be used for such purposes I~ only; the said proceeds shall be deposited by the said treasurer in a specific fund, separate and apart from other city funds; and said funds shall be paid out by the said city treasurer only upon special itemized vouches of the said Springs Water Commission which vouches shall be issued under the seal of said commission, signed by the chair- man and secretary thereof, and shall show for what issued, to whom issued and the amount paid for each item thereon enumerated; and the said vouches shall not be paid until countersigned by the payee in such man- ner that the voucher shall stand for a receipt from said payee to the treasurer for the amount so paid. SECTION 6. All contracts entered into by the Springs Slater Commission 3. i for material, construction, labor, supplies and for every other purpose in carrying out the object of its creation shall be made in writing under the seal of the Commission, signed by the chairman and secretary thereof in four deplicates, one of which shall be filed, with the city treasurer, one with the city council, one retained by the Commission and one by the contractor; and no work under said contract shall be proceeded with until the said duplicate contracts have been so filed. SECTION 7. The council may exact a good and sufficient bond to be entered in- to by the commissioners in such sum as in the judgement of the council may be necessary, conditioned upon the faithful performance of the core missioner's duties according to the tenor of this amendment, and that they will honestly and promptly account for all funds passing into their hands, provided, the expenses of said bond shall be paid out of the funds herein appropriated. The commissioners shall enter into no contract, or issue any vouch- er in excess of the sum hereby appropriated for the construction of an auxilic.ry water system, and no contract or other obligation, together, with the total of all contracts and obligations previously entered into, shall exceed the amount of funds herein appropriated for the purpose, it being the intent hereof to keep the expenditures made by said com- mission entirely within the said appropriation, and any contracts entered into or any -toucher issued therefore in excess of said appro- priation shall not be a charge against said fund or the city of Ashland, but may be recovered upon the bond of said commissioners by proper civil procedure. All contracts shall be made in the name of the city of Ashland and all contractors shall be required to furnish i good and sufficient surety bonds, conditioned upon the faithful performance of their contracts. Payments to contractors may be made from time to time as the work 4. 1 l progresses on the estimates, but at no time shall such payments exceed the work actually performed, and in no case shall more than 850 of the contract price be paid until the work is fully completed and accepted. SECTION 8. During the construction of said plant the said Springs [later Commission shall file with the city council on the first Tuesday of each month thereof an itemized statement of all expenditures made by the commission during the preceding month, showing for what the expenditure was made, and each item thereof, the total amount and to whom paid, which itemized statement shall be published by the commission for the information of the public; and when the construc- tion of said plant is completed the Springs Water Commission shall make a detailed statement of all amounts expended in said construction and of all properties acquired for said purpose, for the information of the council and the public and such statement shall be spread upon the permanent records of the city and thereafter monthly reports shall be made. SECTION 9. At the time for making the tax levy for general city purposes in each year, the said commission shall cause a careful estimate to be made of the money required for auxiliary water purposes for the I ensuing year, and file the same with the city recorder, whereupon the city council shall include in the said general levy not to exceed one mill on the dollar of the taxable property of the city to meet the necessary requirements, which, when collected shall be deposited with the city treasurer to be placed to the credit of the auxiliary water plant fund and subject the order of said commission. SECTION 10 The said commissioners shall serve without compensation; provided 5. I I that upon the completion of the construction and installation of said auxiliary water plant and the filing of the report hereinabove provided, the city council may in its descretion audit and recommend the payment of such compensation to each commissioner as it may deem reasonable for the service rendered, the same to be paid out of any i money unexpended of the proceeds of the proposed one hundred and I seventy five thousand 0175,000) dollars bond issue. NOW THEREFORE, it is resolved that a special election of the qualified electors of the city of Ashland, is hereby called and I appointed to be held on Z-4 I/S for the purpose of voting upon the fo4egoing amendment to the charter of said city, for their approval or rejection, and for the election of the three commissioners provided for, in the said Charter Amendment. The following are designated as the voting places of each of the wards of the said city for said special election: FIRST ;YARD,- Voting place 4th St. Fire Station Building, SECOND WARD,- Voting place McCarthy Hall, Corner Plain and Granite Streets. THIRD WARD,- Voting place, City Hall. And the following named persons are hereby appointed judges of election: FIRST WARD, Judges: G. N. Benedict Manley Brower, Stannat . SECOND WARD, Judges: Ira Showdy. Guy C. Prescott n_ n_ miffanny. THIRD WARD, Judges:_ W. H. Gowdy, E. J. Arrant R1 »n .h Hi eks. 6. The two judges last named in each wtezd shall also act as clerks of election. The polls shall be open from 9 o'clock in the forenoon until. 6 o'clock in the afternoon and said election will be conducted in accordance with City Ordinance No. 357, Article 4 of the Charter of said city and the General Laws of Oregon as far as practicable. The city recorder is hereby directed to give notice of such special election and the appointment of the Judges of Election by I publication in a newspaper published in the city of Ashland, and of the proposed amendment to the charter of said city to be voted uion, ----together with the election of the three commissioners., and by posting such notices in each of the wards of said city at least ten days prior to said election, as required by the laws and ordinances governing in the premises. WHEREAS, in consequence of the limited time allowed in which to make such publication of said proposed charter amendment it is the judgment of the Common Council that an emergency exists and that it is necessary for the public safety, peace and health of the people of the city of Ashland that this resolution shall become immediately operative. THEREFORE, this resolution shall take effect and be enforced immediately upon its adoftion by the council and approval by the Mayor. The foregoing resolution was adopted by the Common Council of the city of Ashland, Oregon, at a regular meeting under a suspension of the rules, two-thirds voting in favor thereof on the day of June, 1914; by a vote of in favor thereof and against the s,.-me. To all of which I hereby certify. ecor or. I hereby approve the foregoing resolution this day of June, 1914. Tay ~ of Ashland. C 1