HomeMy WebLinkAbout1915-21 Spec Election Electric Light Plant Purchase r
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I T?ESOLTJTTION CALLING SPECIAL
i ELECTION Al-ENDING MILKER
1 =30VIDING FOR THE PD_ CHASE
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OF THE ELECTRIC LIGHT PLANT.
LAW OFFICE OF
W. J. MOORE
I ASHLAND. OREGON
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Resolution Calling Special Election to Amend Charter.
WI EREAS, At-a special election held in the City of
Ashland, Oregon on Noveruber 17, 1914, Section 19 of Article 7 of
the charter of said city was amended and adopted by tale qualified
voters of said city, which said Section 19 so adopted authorizes
the common council, when authorized by a vote of a majority of
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the electors of said city voting on the question, to borrow on
behalf of said city, pledge its credit, and issue negotiable bonds
for the purpose of constructing, acquiring, or completing, among
other things, electric light and poorer plant or plants, and for
enlargements, additions or extensions thereto; and
WHEREAS, It is considered and determined by tale common
council for tale best interests of the City to acquire by purchase
the electric klant and distributing system of Ashland Electric
Power & Lig;lt Company, an Oregon corporation, heretofore and now
engaged in operating said plant and selling electricity to certain
! of the inhabitants of the city, and securing the surrender of the
right, privilege and franchise under which the said company has
heretofore and is now maintaining its plant and distributing system
and selling electricity in.said city, nd thereby securing unto the
City all of the distribution and sale of electricity therein; and
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WIEREAS, A contract in writing between the City and
California-Oregon Power Company, a corporation, which controls the ~
i' properties, assets and business 'of Ashland Electric Povre-r & Light I
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Company, has been heretofore on the /Vth day of 1915, author-
ized and on AU-S.80, 1915, executed by the City by and through its
mayor and recorder and by the Company by and through its president I'
and secretary, whereby, among other things, the sale of such of
j the property and distributing system of Ashland Electric Poorer &
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Light Company as the City may determine upon may be sold to and
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purchased by the City and a certain lot conveyed. and its franchise
surrendered to the City and electricity for the Cityvs needs be
sold and delivered to the City for P. period of tarenty years, at
prices agreed upon therein; and
WHEREAS, By the terms of said contract the same shall not
become operative or effective until ratified, adopted and. fonfi-rmed
by a vote of the qualified voters of the city at a special election
to be held for such purpose; and
WHEREAS, Under the terms and limitations of Section 19 of
the charter of the city, and other provisions of said charter, the
common council and the city is prohibited from fully cas•rying out
all of the terms and conditions of said. contract without the adop-
tion of a sinking fund for the -redemption of bonds, the creation
of a special electric fund, and the retification of the said contract;
and
W11EREAS, Under authority granted to the common council by
and under Section 6 of Ordinance ~
357, approved August ln, is
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authorizing the common council of the City of Ashland to call special
elections at any time for the purpose of amending the charter of said
city a non a resolution proposed by said. coim;.on council, which elec-
tion shall be held after due notice thereof and the appointment of
judges of said election shall have been given by publication in a
newspaper published in the city or by conspicuously posting a notice
in each of the wards of said city not less than ten days prior to
any election:
1,T4, TIMRE ORE, BE IT RESOLVED By the Common Council of the
City of Ashland in regular adjourned session assembled on this lost
day of 1915, that a special election of the qualified electors
of the City of Ashland is hereby celled and appointed to be held on
the 5
sZ day of August, 1915, for the purpose of submitting to the
electors the follocring amendment to the charter and charter provision
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fo-r their approval or rejection, to-•:rit:
An Act to Amend the Charter of the City of Ashland,
Oregon, said charter being that certain act of the Legislative
i Asse;bly of the State of Oregon, filed in the office of the
i secretary of state, October 14, 1908, entitled "An Act to Amend
an Act entitled 'Am Act to Incorporate the City of Ashland in
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Jackson County, Oregon, and to define the poorer thereof', filed
in the office of the secretary of state, February 21, 1889, and
the acts approved February 25, 1895, axlendir_g the same", as amended
by all acts subsequent thereto, either of the Legislative Asser:7bly
of the State of Oregon, or by vote of the qualified electors of the
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Cityrof Ashland, Oregon, to provide for an additional section to
said charter, to be numbered 19a,for the issuance of bonds of said
city for the purpose of constructing, acquiring, enlarging and
completing electric light and poorer plant or plants, for the 'crea-
tion of a special electric light fund, and the control thereof, and
to adopt, ratify, and confirm a contract authorized by the common
council of the City of Ashland between the City of Ashland and
C?lifornia-Oregon Pourer Corimany.
BE IT E_NIACTED BY THE PEOPLE OF THE CITY OF AS11LA17D:
That the charter of the City of Ashland, the same being
that certain act of t;ie Legislative Assenoly of the State of Oregon,
filed in the office of the secretary of state, October 14, 1908, er-
titled "An Act to amend an Act entitled 'An Act to incorporate the
City of Ashland, in Jaclcson County, Oregon, and to define the poker
thereof', filed in the office of the Secretary of State February 21,
1889, and the Acts approved February 25, 1897, amending the sanne,"
as amended by all Acts subsequent thereto, eit:ner of the Legisif:ive
Assembly of the State of Oregon, or by vote of the qualified elec
tors of the City of Ashland, Oregon", be and the sane hereby is
amended by adding to the said charter as the sane nods exists an
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additional section to be known as Section 19a, to-wit:
Sec. 19a. The common council in addition to the
powers and authority granted and reserved by Section 19 of this
charter is authorized and empowered, without any other or furth-
er vote or authorization by the qualified electors of the city,
4 to enlarge, extend, renew, replace and re-build any electric
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( distributing iilant or plants now owned and operated by the city,
and for such purpose to purchase any and all necessary material
and apparatus therefor, and may contract for and purchase any
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plant or plants from any corporation engaged in the distribution
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and sale of electricity wit;iin the city, and said common council
is further authorized and empowered for any of such purposes, and
when deemed necessary, by resolution or ordinance to borrow money
on behalf of the city, pledge its credit, and issue negotiable
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bonds in an amount in the aggregate not to exceed e,, "-V ,
and are hereby further authorized and empowered to impose and
levy annually in the same manner as other taxes of said city are
imposed and levied such taxes upon all taxable property in said
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city as shall be necessary to provide for the ;payment of the
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interest on all the bondsvlhereby authorized as suc'n interest shall
become due and payable, and to constitute and create a sinking
fund for the payment and. redemption of said bonds at maturity, and
are also authorized and empowered to provide by ordinance or reso-
lution at or before-the time of the issuance of said bonds for the
levy of such taxes, and for the creation of such sinking fund and
the retirement of said bonds, and there is hereby created a special
fund of said city to be known as the "Electric Fund", which shall
be kept by the officers of the city separate from other funds now
or hereafter created, and there shall be kept in said electric fund
all income and monies vihich shall be paid to the City frori the sale
of bonds; the sale of unusable and undesirable electric machinery
and apparatus and monies received from the sale and distribution of
electricity to the inhabitants of the City, and there shall be paid
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out of said fund by order or -wp','-rant of the coin-,ion council, or in
accordance arith the provisions of any contract of the city, all
monies necessary and proper fo-r• acquiring any and all electric
machinery and. apparatus; for the maintenance, enlargement, exten-
sion and improvement of the electric plant of the city; all amounts
itecessF r r to pay for the pilr Cila Se and acquisition of electricity
for the city 'tinder any contract and in accordance with the terms
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thereof; wages, salaries of employees engaged by the City in
electrical work and the operItion of its electric plant, interest
on the bonds hereby and heretofore autsiorized for purchasing and
acquiring an electric plant, and for the redemption of such bonds.
That certain contract or agreement between the City of
Ashland, as party of the first part, and Cali=`ornia-Oregon Power
Company, as party of the second part, executed by the mayor and
it recorder of the city in behalf of the City of Ashland, and by the
president a>.nd secretary of the said company oh behalf of said
i collpany, on the of 1g15, as authorized by
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the common council of the city by resolution adopted on the 10th
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day of 1915i and all the terms and conditions thereof as the
same appear and are set forth in said resolution of the co;nmon
council, be and the wane is hereby in all things ratified, adopted
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and confirmed, and declared to be the bindin, contract and obliga-
tion of the City of Ashland and the Ca;0-ifornia,-0"regon Po7;er Com",Par~y. ✓
The following are designated as the voting places of each
of the wards of said city Qfox fsaid,, seecial election:
First Ward: 'l747L~r°l? ~~1~ F f ~LEl2 ~ ~!IF/~!' *J,~ _ _
Second Vaxd:
Third .rd. {J~.//f/y
And 11}e following na_ned persons are appointed judges of
said election:
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First Ward: ✓ ~F'r_ C Q CT} Gt ~~_~7i`> ~~j~r~ 'r+
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~ Second 'Ward:
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Third 1'f and' G
The t- o judges last named in each Ward s}iail also act as
clerks of election.
The polls shall be opened from a o'clock in the forenoon
until u o'clock in the afternoon of said day, and said election by
conducted in accordance with City Ordinance No. 357, Article IV of
the charter of said city and the general lal*rs of Oregon, as far as
practicable.
The recorder for the city is },ereby directed to give no-
tice of such special election and the appointment of judges of
election by publication in a newspaper published in the City of
Ashland, and of the proposed amendment to the charter of said city
to be voted upon and by posting copies of such notice in each of
the yards of said city at least ten days prior to said election as
required by the lays of the State of Oregon and the ordinances of
said city as in such cases made and provided.
The foregoing resolution is approved this & day of
915~
}dayor f tine City of Ashland,
Attest: Oregon.
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3 - of Ashland,
He orde Cit
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Oregon.
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