HomeMy WebLinkAboutPaul committee recommendations
Paul Nolte, Lawyer
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P.O. Box 104
Ashland. Oregon 97520
Phone 541-821-2271
law@ashlandhome.net
October 7, 2004
Ashland Charter Committee
The following redline version of the current city charter is submitted for your
consideration in developing recommendations for a charter revision.
Matters lined through in the enclosed draft consist of text that could be eliminated from
the charter because it is outmoded, antiquated, obsolete or superceded. Such elimination
should create little or no controversy.
Matters contained in a single-line box consist of text that could be eliminated but merit
some explanation and analysis.
Matters contained in a double-line box consist of text that is politically sensitive and
therefor merits discussion above and beyond a legal analysis.
Paul Nolte
ARTICLE I - Name and Boundaries
Section 1. Title of Enactment. This enactment shall be referred to as the Ashland Charter of 1970.
Section 2. Name. The municipality of Ashland, Jackson County, Oregon, shall continue to be a
municipal corporation with the name "City of Ashland".
Section 3. Boundaries. The City shall include all territory encompassed by its boundaries as they
now exist or hereafter are modified by the voters, by the Council, or by any other agency with legal power to
modify them. HIe Reeafder sl9alll<eel5 iA 1ger/l9is a#iee at City Ilall at least t..a (2) eal5ies af tl9is Cl9after, iA
eael9 af ..l9iel9 1ge/slge sl9all fflaiAtaiA aA accurate aAd ul5 ta date deseril5tiaA af tlge bauAdaries. HIe C5l5ies
aAd deseril5tiaAs sl9allbe available for l5ublie iAsl5eetiaA at aAy tiffie duriAg regular a#iee 19aurs af tlge
Il.eoofder.
ARTICLE II - Powers
Section 1. Powers of the Citv. The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow municipalities, as
fully as though this Charter specifically enumerated each of those powers, as well as all powers not
inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically
granted. All the authority thereof shall have perpetual succession.
Memo to Charter Committee
October 7, 2004
Matters' <L means unnecessarv and without controversv.
Single box means unnecessary but merits
explanation and analysis.
Double box means politically sensitive.
Section 2. Construction of the Charter. In this Charter, the mention of a particular power shall not be
construed to be exclusive or to restrict the scope of the powers which the City would have if the particular
power were not mentioned. The Charter shall be liberally construed to the end that the City shall have all
powers necessary or convenient for the conduct of its municipal affairs, including all powers that cities may
assume pursuant to State laws and to the municipal Home Rule provisions of the State Constitution.
Seotion 3. I'rovisions for J\mendment and Revision. The Counoil shall have the power to 0011 a
815ecial elcetioA u150A a fe80lutioA l5a88ed 6y tRe CouAeil fuf tRe l5uf1508e of affieAdiAg tRe CRaftef Of
eAaetiAg a Aevv CRaftef, Of vvReAevef l5etitioAed to do 80 6y tRe eleetof8 of 8aid City, uAdef aAy iAitiative Of
fdcrel,duffi oreJil,al,ee af tRe City of A8Rlal,d, Of tRe lavv8 af tRe State of Oregol,.
ARTICLE III - Elective Officers
Section 1. Elective Officers. The elective officers of the City shall be: a Mayor, Recorder, six (6)
Council Members, five (5) Park Commissioners and a Municipal Judge. (Charter amendment 5-23-78)
Section 2. Qualifications. All elective officers except the Municipal Judge shall be residents and
qualified voters in the City. (Charter amendment 5-23-78).
Section 3. Salaries. Any change in the amount of the present compensation received by elective
officers, except for the Recorder and Municipal Judge, shall be submitted to the vote of the people;
however, the salary of the elected Recorder shall be in the amount being paid in 1974 and be adjusted
starting with the fiscal year 1974-75 in the same percentage as the average salary adjustments of the
other supervisory employees and department heads of the City of Ashland; further, the salary of the
Municipal Judge will initially be the same as for the year 1978-79 and thereafter to be adjusted in the
same percentage as the average salary adjustment of the other supervisory employees and department
heads of the City of Ashland. (Charter amendment 5-23-78).
Section 4. Vacancies. An office shall be deemed vacant upon the incumbent's death; adjudicated
incompetence; conviction of a felony; other offense pertaining to his/her office, or unlawful destruction of
public records; resignation; recall from office or ceasing to possess the qualifications for the office; or, in the
case of the Mayor or Council Member, upon his/her absence from the City for thirty (30) days without the
consent of the Councilor upon his/her absence from meetings of the Council for sixty (60) days without like
consent, and subsequent declaration of the vacancy by a two-thirds affirmative vote of the Council.
A vacant elective office in the City shall be filled within sixty (60) days by the Council electing some
qualified person to fill such vacancy. The appointee's term of office shall begin immediately upon
appointment and shall continue until a successor, elected at the next biennial election, takes office for the
unexpired term. The Council shall have the power, by a two-thirds affirmative vote, to expel any member of
the Council for disorderly conduct in Councilor inattention to duties. No Council member shall be expelled
without notice and a hearing by the Council.
Section 5. Term. The term of all elective officers shall begin the first day of January following their
election.
Section 6. Interest in Citv Contracts. During the term of office, no elective officer shall violate any
provision of the State of Oregon Code of Ethics as contained in ORS Chapter 244. (Amended by vote 11-
8-94.)
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H:\Recent\Charter Review\Paul committee recommendations 10-04memo.wpd
Memo to Charter Committee
October 7, 2004
Matters' <L means unnecessarv and without controversv.
Single box means unnecessary but merits
explanation and analysis.
Double box means politically sensitive.
ARTICLE IV - Mayor
Section 1. Term. The Mayor in office at the time this Charter is adopted shall continue in office until
the end of his/her term of office as fixed by the Charter of the City in effect at the time this Charter is
adopted. At the biennial general election held in 1972, and every fourth year thereafter, a Mayor shall be
elected for a term of four (4) years.
Section 2. Powers and Duties. The Mayor is the executive officer of the municipal corporation
and shall exercise careful supervision over the general affairs of the City and over appointive officers.
He/she shall sian all orders and warrants on the Treasurv for claims authorized bv the Council.
Section 3. Vote. The Mayor shall not be entitled to vote on any ordinance or measure before the
Council except in the case of a tie vote, in which case he/she shall have the power to vote, and must vote
either in the affirmative or in the negative. The Mayor shall, within five days after the passage of any
ordinance, either approve or veto the same, and no ordinance shall go into effect until approved by the
Mayor or passed by the Council over his/her veto. The Mayor shall, in case he/she vetoes any ordinance
or resolution, file such veto with the City Recorder, together with reasons for his/her disapproval, which
veto and message of disapproval shall be read at the next meeting of the Council, and such ordinance or
resolution be put upon its passage again; and, if two-thirds of the Council members shall vote in the
affirmative, it shall become law without the Mayor's approval, but not otherwise. In passing all resolutions
and ordinances, the ayes and nays shall be called and permanent record made of the vote thereon.
ARTICLE V - Council Members
Section 1. Terms. The Council members in office at the time this Charter is adopted shall continue
in office, each until the end of his/her term of office as fixed by the Charter of the City in effect at the time
this Charter is adopted. At each biennial general election after this Charter takes effect, three Council
members shall be elected, each for a term of four (4) years.
3-
H:\Recent\Charter Review\Paul committee recommendations 10-04memo.wpd
Memo to Charter Committee
October 7, 2004
Matters' <L means unnecessarv and without controversv.
Single box means unnecessary but merits
explanation and analysis.
Double box means politically sensitive.
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ARTICLE VI - Recorder
Section 1. Term. The Recorder in office at the time this Charter takes effect shall continue in
office until the end of his/her term of office as fixed by the Charter of the City in effect at the time this
Charter is adopted. At each biennial general election held in 1970, and every fourth year thereafter, a
Recorder shall be elected for a term of four (4) years.
Section 2. Powers and Duties. The Recorder shall act as Clerk of the Council and shall keep
plain and correct records of all business and proceedings of the Council. He/she shall maintain a file of all
papers presented to him/her officially, and safely keep all files, records and papers of the corporation
pertaining to his/her office, and these shall be open to the public. At the expiration of his/her term of
office, he/she shall turn over to his/her successor any and all records, books, and papers pertaining to
said office.
The Recorder must draw all orders for the proper payment of monies against the proper funds
that have been appropriated by the City Council, and, together with the Mayor, sign the same. He/she
may make periodic audits of all City accounting records.
The Recorder, shall, as soon as the Council shall make a general levy of the taxes for the city,
certify the same, together with any and all special benefits and assessments then due, to the Clerk of the
County Court.
The Recorder shall record, in a book to be kept for that purpose, all ordinances and resolutions
passed by the City Council, and the same shall be signed by the Recorder, as well as signed and
approved by the Mayor therein.
Section 3. Vacancv. A willful absence of the Recorder from the City for more than thirty (30) days
without the consent of the Council, carelessness or inattention to the duties of the Recorder, shall be
grounds for the Council to declare the office vacant; and it may fill such vacancy in the same manner as
vacancies in the office of Council members are filled.
Section 4. Absence. In the Recorder's absence, the Mayor shall appoint a Clerk of the Council
Pro Tem who, while actinq in that capacity, shall have all the authority and duties of the Recorder.
ARTICLE VI A. - Judge
Section 1. Term. At the biennial general election held in 1978, and every fourth year thereafter, a
Judge shall be elected for a term of four (4) years. (Charter amendment 5-23-78)
ARTICLE VII - Elections
Section 1. Regular Elections. Regular City elections shall be held at the same times and places as
biennial general State elections, in accordance with applicable State election laws.
Section 2. Notice of Reqular Elections. The Recorder, pursuant to directions from the Council, shall
give at least ten (10) days notice of each regular City election by posting notice thereof at a conspicuous
place in the City Hall, and by publication in a newspaper of wide and general circulation published in the
City of Ashland. The notice shall state the officers to be elected, the ballot title of each measure to be voted
upon, and the time and place of the election.
Section 3. Soecial Elections. The Council shall provide the time, manner and means for holding any
special election which shall comply with applicable State laws. The Recorder shall give at least ten (10)
4-
H:\Recent\Charter Review\Paul committee recommendations 10-04memo.wpd
Memo to Charter Committee
October 7, 2004
Matters' <L means unnecessarv and without controversv.
Single box means unnecessary but merits
explanation and analysis.
Double box means politically sensitive.
days notice of each special election in the manner provided by the action of the Council ordering the
election.
Section 4. Requlation of Elections. Except as this Charter provides otherwise and as the Council
provides otherwise by ordinances relating to elections, the general laws of the State shall apply to the
conduct of all City Elections, recounts of the returns therefrom, and contests thereof.
Section 5. Nominations. A qualified elector may be nominated for an elective City office to be filled
at the election. The nomination must be by a petition that specifies the office sought and must be in a form
prescribed by the Council. The petition shall be signed by not fewer than twenty-five (25) electors, and with
the candidate's written acceptance of such nomination. No elector may sign more than one petition for each
office to be filled at the election. If he/she does so, his/her signature will be valid only on the first sufficient
petition filed for the office. The signatures to a nomination petition need not all be appended to one paper,
but to each separate paper of the petition shall be attached an affidavit of the circulator thereof, indicating
the number of signers of the paper and stating that each signature of the person appended thereto was
made in his/her presence, and is the genuine signature of the person whose name it purports to be.
Opposite each signature shall be stated the date of signing, the signer's place or residence, identified by its
street and number or other sufficient designation. The Recorder shall make a record of the exact time at
which each petition is filed and shall take and preserve the name and address of the person by whom it is
filed. If the petition is not signed by the required number of qualified electors, the Recorder shall notify the
candidate and the person who filed the petition within twelve (12) days after the filing. If the petition is
insufficient in any other particular, the Recorder shall return it immediately to the person who filed it,
certifying in writing wherein the petition is insufficient. The deficient petition may be amended and filed again
as a new petition, or a substitute petition for the same candidate may be filed, within the regular time for
filing nomination petitions. All nomination papers comprising a petition shall be assembled and filed in final
form as one instrument with the Recorder not less than twelve (12) days before the date that the Recorder
must file the same with the County Clerk. (Charter Amendment 11-2-82)
Seotion e. Canvass of Returns. In all eleotions held in oonjunotion with State and County eleotions,
tlge State la..s gaverAiAg tlge filiAg af returAS by tlge CauAty CierI< sl9all al5l5ly. IA eael9 sl5eeial City eleetiaA,
tlge returAs tlgerdf5ffi sl9allbe filed ..itl9 tlge Il.eearder aA ar before AaaA tlge day folla..iAg; aAd, Aat later tl9aA
five (:::;) days after tlge eleetiall, tlge CaUlleil sl9all ffieet alld cal,vass tl9c retufl,S. T19c rcsults af all e1cctialls
sl9all be cAtered iA tlge reeard af tlge l5f5eeediAgs af tlge CauAeil. T1ge eAtry sl9all state tlge tatal AUffiber af
vates cast at tlge eleetiaA, tlge vates cast for eael9 l5ersaA, aAd for aAd agaiAst eael9 15f5l5asitiaA, tlge Aaffie af
eael9 l5ersaA elected ta a#iee, tlge a#iee ta ..l9iel9 1geislge 19as bee A elected, aAd a rdereAee ta eael9 ffieasure
eAaeted ar al5l5raved. Iffiffiediately after tlge eaAvass is eaffil5leted, tlge Il.eearder sl9all ffial<e aAd sigA a
Certificate af [leetiaA af eael9 l5er3aA elected aAd deliver tlge Certificate ta 19ifflilger ..itl9iA aAe (1) day after
tlge eaAvass. A Certificate sa ffiade aAd delivered sl9allbe "l5riffia facie" evideAee af tlge trutl9 af tlge
stateffieAts caAtaiAed iA it.
Section 7. Tie Votes. In the event of a tie vote for candidates for an elective office, the successful
candidate shall be determined by a public drawing of lots in the manner prescribed by the Council.
Section 8. Oath of Office. Before entering upon the duties of his/her office, each officer shall take an
oath or shall affirm that he/she will support the constitutions and laws of the United States, the State of
Oregon, and the Charter and laws of the City of Ashland, and that he/she will faithfully perform the duties of
his/her office.
ARTICLE VIII - Council
Section 1. Where Powers Vested. Except as this Charter provides otherwise, all powers of the City
shall be vested in the Council and the Mayor.
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H:\Recent\Charter Review\Paul committee recommendations 10-04memo.wpd
Memo to Charter Committee
October 7, 2004
Matters' <L means unnecessarv and without controversv.
Single box means unnecessary but merits
explanation and analysis.
Double box means politically sensitive.
Section 2. Comoosition. The Council shall be composed of six (6) Council members elected in the
City at large and by position number. Each position shall bear a number running from one (No.1) through
six (No.6), and any candidate for Council shall, starting with his/her nominating petition, designate the
number of the Council seat to which he/she seeks election; further, one candidate may only run for one
position at an election.
The Council members whose terms of office expire with the end of 1972 shall be assigned seat
numbers 1, 3 and 5; 1974 shall be assigned seat numbers 2, 4 and 6. Within the scope of the preceding
provision, the Council shall forthwith determine by lot the numbers to be assigned to the incumbent Council
members.
Section 3. Council Meetinqs and Rules. The Council shall hold a regular meeting in the City at least
once each month at a time and place which it designates. Other meetings may be called as the Council
deems necessary, with notice given the Mayor and Council members and the public as provided by
ordinance. Minutes of any such special meeting shall be presented at the next regular Council meeting. The
Council shall adopt rules for its proceedings.
Section 4. Quorum. The Mayor and not less than three (3) of the Council members, or four (4) of the
Council members, shall constitute a quorum for conducting Council business.
SOGtioR e. dOllrRal. Hlo COllRGil sRall GallSO a rOGord of its J3FOGoodiR€ls to 130 ImJ3t. UJ30R roqllost of
tlge Mayar ar aAy af tlge CauAcil ffieffibers, tlge ayes aAd AayS ul3aA aAy C1uestiaA before it sl9all be takcA aAd
eAtcred iA tlge record.
ScctiaA 6. r'mceediAfjs t5 be r'ublie. tJa aetioA by tlge CauAcil sl9alll9ave Icgal effect uAless tlge
ffiatiaA far tlge actiaA aAd tlge vate tl9creaA take I3lace at I3f5CeediAgs al3eA ta tlge l3ublie.
Section 7. Mavor's Function at Council Meetinqs. The Mayor shall preside over the deliberations of
the Council. He/she shall have authority to preserve order, enforce the rules of the Council, and determine
the order of business under the rules of the Council.
Section 8. Chair of the Council. At the first regular meeting of the Council in January of each year,
the Council shall by ballot elect a Chair of the Council from its membership to serve for one (1) year. He/she
shall, during all times when the Mayor is absent or unable to attend to his/her duties or act in any matter,
have and exercise the powers and perform the duties of the Mayor, except that he/she shall retain his/her
Council member's right to vote. If, at any meeting of the Council, both Mayor and Chair are absent, the
Council members present shall elect one of their number as Chair Pro Tem, who shall preside at that
meeting.
Section 9. Vote Required. Except as this Charter otherwise provides, the concurrence of a majority
of the members of the Council present at a Council meeting shall be necessary to decide any question
before the Council.
ARTICLE IX - Special Powers of the Council
Sootion 1. Violation of Chartor. Ordinanoo and Laws. Tho Counoil, at any rogular or adjournod
fficctiAg, sl9alll9ave tlge 135..cr ..itl9iA tlge liffiits af tlge City af Asl9laAd ta eAaet la..s, ardiAaAces aAd l3ass
resalutiaAs Aat iA c5Aflict ar iAcaAsisteAt ..itl9 tlge la..s af tlge UAitcd States, tlge State af OrcgaA, ar tlge
l3f5visiaAs af tl9is Cl9aftcr; aAd ta l3f5vide for l3uAisl9ffieAt af aAy I3crsaA ar l3ers5As f5UAd guilty 6y a
C5ffil3eteAt tribuAal af tlge violatiaA af aAy suel9 la..s, ardiAaAces, ar aAy af tlge l3f5visiaAs af tl9is Cl9after, by
fiAe ar iffil3risaAffieAt af SUCR a#eAder, uAtil suel9 fiAe aAd C5StS arc l3aid; aAd ta l3f5vide for tlge ..arkiAg af
sucl9 I3crsaAs sa caAvictcd aA tlge streets af tlge City ar at aAy atlger ..ark, aAd ta l3f5vide tlge C5ffil3cAsatiaA
6-
H:\Recent\Charter Review\Paul committee recommendations 10-04memo.wpd
Memo to Charter Committee
October 7, 2004
Matters' <L means unnecessarv and without controversv.
Single box means unnecessary but merits
explanation and analysis.
Double box means politically sensitive.
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tlgerefor ta 6e al5l5lied aA sucl9 fiAe aAd casts; 6ut Aa fiAe sl9all exeecd tlge SUffi af $500 aAd tlge C5StS af
l5f5secutiaA, Aor sl9all aAy iffil5risaAfficAt ar tcrffi at 19ard la6ar exeecd 60 days.
Sootion 2. Lo':" of Tmms. Tho Counoil, by &'10 thirds vote of tho Counoil at any rogular or adjournod
ffieetiAg, sl9alll9ave tlge l5avvcr vvitl9iA tlge liffiits af tlge City af Asl9laAd ta aAAuall'y ardaiA aAd levy taxes aA
tlge taxa61e 15f5l5erty af tlge City ffiade taxa61e 6y lavv for CauAty aAd Ctate l5url5ases, Aat ta excced fifteeA
ffiills aA tlge dallar aA tlge assess cd valuatiaA iA aAy y car far tlge eXl5eASeS af tlge City; aAd alsa iA suel9
furtl9cr affiauAt as ffiay 6e Aecessary for tlge l5ayffieAt af iAterest ar I5riAeil5al aA aAy 6aAded iAde6tedAess
Aavv existiAg ar 1gereafter ta exist agaiAst tlge City aAd for l5ayffieAt af aAy judgffieAt ar judgffieAtg a6taiAcd
agail,st tlge City.
CeetiaA 2(6). rlaad DaffiaCle ll.estaratiaA OaAds. IA additiaA ta tlge iAde6tedAess atlge~vise
autl9arized 6y lavv aAd 6y tl9ig Cl9arter, tlge City CauAeil af tlge City af Asl9laAd sl9alll9ave tlge j5avver aAd
autl90rity ta issue tlge geAeral a61igatiaA 6aAds af tlge City iA suel9 affiauAts aAd vvitl9 suel9 ffiaturity dates as
tlge City CauAeil sl9all, iA its diseretiaA, deeffi advisa61e iA aA aggregate affiauAt Aat ta exceed CeveA
IluAdred rifty TRausaAd Dallars ($750,000.00) far tlge l5url5ase af fiAaAeiAg tlge rest af rCl5air aAd restaratiaA
iA aeC5Fa vvitl9 curreAt eaAstructiaA staAdards af tlge City's vvater, sevver, electrical aAd starffi sevver Systeffis;
City streets aAd 6ridges aAd vvaterglged f5ads aAd 6ridges; Litl9ia ["'ark; tlge rel5air af ril5ral5 at tlge Asl9laAd
Airl5art; aAd tlge l5urcl9ase af a dredge for tlge reffiaval af I5reseAt aAd eaAtiAuous aecuffiulatiaAs af silt iA tlge
City's vvater reseFvair; aAd ta furtlger l5f5vide tl9at all state ar fedcral fUAds received ta assist Asl9laAd iA
rej5air af flood daffiage sl9all 6e used for tl9at l5url5ase ar ta l5a y I5ril,eil5al al,d il,terest ai, tlgese 6al,ds al,d for
Aa atlger l5url5ase; aAd sl9alll9ave tlge l5avver aAd rigl9t ta desigAate tlge ffiaAAer aAd tiffie af l5ayffieAt af said
60Ads aAd tlge iAterest tl9creaA, l5f5vided tl9at eaAsideriAg aAy disC5uAts ar I5reffiiuffis l5aid, tlge effcetive rate
af iAtercst aA suel9 60Ads sl9all Aat exceed tl9at allavva61e 6y tlge lavvs af tlge Ctate af OregaA. TRe l5avver
1gereiA graAtcd s19all6e exercised 6y tlge CauAeil vvitl90ut sU6ffiittiAg tlge (1uestiaA ta a furtlger vate af tlge
elcetars aAd tlge 60Ads issued iA l5urSuaAee ta tl9is Article sl9all Aat 6e subject ta tlge liffiitatiaA aA 6aAd ar
atl9cr iAde6tedAess elsevvlgere C5AtaiAed iA tlge Cl9aRer af said City.
Sootion 2(0). Flosoitallmorovomont Bonds. In addition to tho indobtodnoss othoF'uiso authorizod by
lavv aAd 6y tl9is Cl9aRer, tlge City CauAeil af tlge City af Asl9laAd sl9alll9a ve tlge l5avver aAd autl9arity ta issue
tlge geAeral a61igatiaA 6aAds af tlge City iA suel9 affiauAtg aAd vvitl9 sucl9 ff1aturity dates as tlge City CauAeil
sl9all, ii, its dise;rctieJl" deeffi advisa61e ii, ai, aggregate affiaul,t I,at ta exceed TRree IIUI,dred Cixty
TRousaAd Dallars ($360,000.00) for tlge l5url5ase af fiAaAeiAg tlge desigA aAd C5AstrudiaA af additioAs aAd
iffil5f5veffieAtg ta tlge Asl9laAd CaffiffiuAity Ilasl5ital; aAd sl9alll9ave tlge l5avver aAd rigl9t ta desigAate tlge
ffiaAAer aAd tiffie af l5ayffieAt af said 6aAds aAd tlge iAterest tlgercaA, l5f5vided tl9at eaAsideriAg aAy
diseauAts ar I5reffiiuffis l5aid, tlge effective rate af iAterest aA suel9 6aAds sl9all Aat exceed tl9at allovva61e 6y
tlge lavvs af tlge Ctate af OregaA. TRe l50vver 1gerciA graAted s19all6e exerciscd 6y tlge CauAeil vvitl9aut
sU6ffiittiAg tlge {1uestiaA ta a furtlger vate af tlge eleetars aAd tlge 1::J5Ads issued iA l5urSuaAee ta tl9is Article
sl9all Aat 6e subject ta tlge liffiitatiaA aA 6aAd ar atlger iAde6tedAess elsevv 1gere eaAtaiAed iA tlge Cl9arter af
said City.
CectiaA 3. Cl5eeial AssessffieAts. TRe CauAeil sl9alll9ave tlge l5avver at rcgular ar adjourAed fficetiAg
ta lev y suel9 s15eeial6el,efit asseSSffiel,ts far f5ad, sevvcr ar atlger sl5eeial iffil5f5veffiel,ts as tlgey deeffi
reasal,a61e al,d ta I5reSeri6e tlge tiffie vv 1ge1, suel9 asseSSffiel,ts sl9all 6e l5aid al,d ta assess I5cl,alties
tlgerC5A, Aat exceediAg teA l5ereeAt (10%) vvlgeA deliA{1ueAt, vvl9iel9 assessffieAts aAd l5eAalties ffiay 6e
C5l1eeted uAder tlge l5f5visiaAs af Article XII, CeetiaAs 1 aAd 2.
CectiaA ~. ll.eassessfficAt. Tlge CauAeil sl9alll9ave tlge l5avver ta eAaet aA ardiAaAee ta earreet aAy
adffiiAistrative erf5r iA tlge levyiAg af aAy s15ceial6eAdit assessffieAt aAd ta cause a rcassessffieAt ta 6e
I'I"I8de:-
7-
H:\Recent\Charter Review\Paul committee recommendations 10-04memo.wpd
Memo to Charter Committee
October 7, 2004
Matters' <L means unnecessarv and without controversv.
Single box means unnecessary but merits
explanation and analysis.
Double box means politically sensitive.
Section 5. Debt Limit. The Council, by a two-thirds vote at any regular or adjourned meeting,
shall have the power within the limits 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 $5,000.00 when required
for municipal purposes, which orders and notes shall bear a reasonable rate of interest and shall not
aggregate at any time to exceed $5,000.00.
Cecti5A 6. ~. HIe C5uAeil, 6y a tvv5 tl9irds y5te at aAy regular 5r aeJj5urAed ffieetiAg, sl9all issue
65Ads 5f tlge City fur 5t19cr l5ur155SeS vvlgeA duly y5ted aAd rC{1uired 6y a ffiaj5rity af tlge eleet5rs 5f said City;
5r iA re65AdiAg aAy 6emded iAde6tedAess af tlge City vvlgeA tlge saffie is due aAd l5aya61e aAd tlge City 19as
A5t tlge fUAds 5A 19aAd t5 l5ay tlge saffie, 6ut iA re65AdiAg, 65Ads sl9all A5t 6e issued fur a 15Ager l5eri5d 5r
greater rate 5f iAterest tl9aA tlge b5Ads t5 6e li{1uidated. All 65Ads issued 1gereafter sl9all 6e affieAded t5 tl9is
Article; tl9at is, Article IX, Ceeti5A 2, aAd at suel9 tiffie as tlgey arc retired sl9all 6e aut5ffiatieally rel5ealed.
SOGtioA 7. II/ator SvstOI'l'l. Hlo CmJAGil, BY a w:o tAirds voto of tAO CmJAGil at aAY rO€llllar or
adj5ufllcd ffieetillg, sl9alll9ayc tl9c 155vvcr vvitl9ill tl9c liffiits 5f tl9c City af Asl9lalld t5 SUl5l5rCSS, rcstraill, al,d
15f5l9i6it aAy 56strueti5A, 15511uti5A, diyersi5A, vvaste, extrayagaAt use 5f, vvaters 5f Mill 5r Asl9laAd Creek,
eitlger vvitl9iA 5r a65ye tlge City liffiits.
ARTICLE X - Ordinances
Section 1. Enactinq Clause. The enacting clause of all ordinances hereafter enacted shall be: "The
People of the City of Ashland do ordain as follows:".
Section 2. Mode of Enactment.
(a) Except as the second and third paragraphs of this Section provide to the contrary, every
ordinance of the Council shall, before being put upon its final passage, be read first fully and distinctly in
open Council meeting and then on a different date by title only, unless a Council member or the public
requests that it be read in full for a second time, and it shall then be read fully and distinctly.
(b) Provided all conditions set forth in Paragraph (C) have been met, an ordinance may be enacted
at a single meeting of the Council by unanimous vote of all Council members present upon being read first
in full and then by title.
(c) The first reading may be by title alone if no Council member present at the meeting, or the
public, requests to have the ordinance read in full, and if a copy of the ordinance is provided for each
Council member and three (3) copies are provided for public inspection in the office of the City Recorder not
later than one (1) week before the first reading of the ordinance and if notice of their availability is given
forthwith upon the filing, by written notice posted at the City Hall and by advertisement in a newspaper of
general circulation and published in the City. An ordinance enacted after being read by title alone may have
no legal effect if it differs substantially from its terms as it was thus filed prior to such reading, unless each
section incorporating such a difference is read fully and distinctly in open Council meeting as finally
amended prior to being approved by the Council.
(d) Upon the final vote on an ordinance, the ayes and nays of the members shall be taken and
entered into the record of the proceedings.
(e) Upon the enactment of an ordinance, the Recorder shall sign it with the date of its passage and
his/her name and the title of his/her office, except as provided in Article IV, Section 3.
Section 3. When Ordinances Take Effect. An ordinance enacted by the Council shall take effect on
the thirtieth (30th) day after its enactment. When the Council deems it advisable, however, an ordinance
may provide a later time for it to take effect; and, in case of emergency, it may take effect immediately.
8-
H:\Recent\Charter Review\Paul committee recommendations 10-04memo.wpd
Memo to Charter Committee
October 7, 2004
Matters' <L means unnecessarv and without controversv.
Single box means unnecessary but merits
explanation and analysis.
Double box means politically sensitive.
ARTICLe XI rtlblie Impl'6vements
GeetiaA 1. CaAdemAatiaA. AAy Aecessity at takiAg pmperty fur tlge City 6y eaAdemAatiaA sl9all be
deterffliAed by tlge CauAeil aAd declared by resalutiaA at tlge CauAeil deseribiAg tlge pf5perty aAd statiAg tlge
uses t5 vvl9iel9 it sl9all be devated. T1ge pf5eedure fur tlge eaAdeffiAatiaA sl9all be as ardaiAed by tlge CauAeil
ar pf5vided 6y Gtate lavv.
GeetiaA 2. Iffil5f5veffieAts. T1ge pf5eedure fur ffiakiAg, alteriAg, vaeatiAg ar abaAdaAiAg a public
iffipf5veffieAt sl9all be gaverAcd by geAeral ardiAaAce ar ta tlge exteAt Aat sa gaverAed, by applicable
gellCfallavvs at tlge Gtate. Aetiall al, allY pf5pased public iffipf5veffiellt, except a sidevvalk ar exeept al,
iffipf5vcfficAt uAaAiffiausly deelarcd by tlge CauAeil ta be Aecded at aAee because at aA effiergcAey, sl9all
be suspeAdcd fur six ffiaAtl9s upaA a rCffiaAstraAee tlgereta by tlge avvAers at tvva tl9irds at tlge laAd t5 be
specially assessed tl9crefur. IA tl9is sectiaA, "avvAer" sl9all ffieaA tlge reeard 19a1der at legal title ar, vvlgere tlge
laAd is beiAg purcl9ased uAder a laAd sale c5Atraet recarded ar verified t5 tlge Il.ecarder iA vvritiAg by tlge
reeard 19a1der at legal title ta tlge laAd, tlge purcl9aser sl9all be deeffied tlge "avvAer".
GeetiaA J. Gl5eeial AssessffieAts. T1ge pFelcedure fur tlge levyiAg, ealleetiAg aAd eAfurciAg tlge
payffieAt at special assessffieAts fur public iffipf5vcffieAts ar atlger seFliiees t5 be cl9arged agaiAst real
pf5perty sl9all be as pmvided iA Article XII, GcctiaAs 1 aAd 2 at tl9is Cl9aFter.
SootioR 4. ~. .'\11 joss or OORtFOOts tor oORstnJotiR€l, rOJ3airiR€l, omal'l'loRtiR€l or il'l'lJ3roviR€l aRY J3uslio
place iA tl9is City ar aut af it, tlge expcAses at vvl9iel9 arc ta be paid aut af tlge City Treasury, aAd tlge pf5bable
cast at vvl9iel9 vvill excced $500, sl9all be advertised iA a Aevvspaper af vvide aAd geAeral eirculatiaA publislged
iA tlge City at Asl9laAd fur teA days befare tlge elasiAg af tlge bids, aAd sl9all be daAe iA aecardaAee vvitl9 tlge
plaAs aAd speeifieatiaAs appf5ved by tlge CauAeil. T1ge CauAeil sl9alll9a ve tlge rigl9t ta reject aAy ar all bids
vv itl9aut iAeurriAg aAy liability fur suel9 rcjeetiaA.
ARTICLe XII Taxation. ro..ers and Dtlties of tlge COtlneil
Sootion 1. It shall bo tho duty ot tho Counoil immodiatoly aftor tho roooipt ot tho oortifioato ot tho
CauAty Clerk af tlge CauAty Caurt at JaeksaA CauAty, OregaA, sl9avviAg tlge aggregate valuatiaA at tlge
assessable praperty ill said City at Asl9lalld, ta ffieet, alld by ardillallee al.llually levy suel9 taxes alld
asseSSffieAts as perfflitted iA tl9is Cl9arter agaiAst tlge taxable pf5perty at tlge City af Asl9laAd, aAd suel9
special assessffieAts aAd peAalties as ffiay be due aAd uApaid, aAd cause tlge saffie ta be certified ta tlge
CauAty Caurt, as pf5vided iA GeetiaA 2 at tl9is Article.
GeetiaA 2. T1ge CauAeil sl9all, iffiffiediately after suel9 levy, Aatify tlge Clerk at tlge CauAty Caurt,
uAder tlge certificate at tlge City Il.ecarder, at tlge rate perceAt at tlge tax levy ffiade by tlge CauAeil aAd all
deliA{1ueAt special beAefit asseSSffieAts aAd tlge peAalties tlgereaA, aAd it sl9all be tlge duty af suel9 Clerk ta
caffipute tlge taxes aAd exteAd tlge saffie by eAteriAg tlge aggregate tax iA tlge appf5priate ealuffiAs aA tlge tax
mil, aAd suel9 taxes, special assessffieAts aAd peAalties sl9all be calleeted by tlge saffie a#ieer, iA tlge saffie
ffiaAAer aAd at tlge saffie tiffie as taxes fur CauAty purpases arc ealleeted, aAd tlge saffie sl9all be paid aver
by tlge CaUllty TrEasurer ta tlge City ll.eeardCf as pf5vided by lavv fur tlge payillg aver af eity taxes.
GeetiaA J. CauAtv Il.aad Tax. T1ge territary vvitl9iA tlge liffiits at tlge City at Asl9laAd as Aavv existiAg
aAd as ffiay be 1gereafter exteAded is 1gerEby excepted aut at tlge jurisdietiaA af tlge CauAty Caurt at JaeksaA
CauAty fur lieeAsiAg purp5ses aAd Felad purpases, aAd tlge City CauAeil sl9alll9ave tull aAd exclusive
jurisdietiaA aver tlge saffie. T1ge iAl9abitaAts af tlge City sl9all be exeffipt fraffi tlge l5ayffieAt at f5ad taxes aAd
asseSSffieAts af tlge pf5perty vv itl9iA tlge City fur f5ad vvark, except suel9 taxes as ffiay be lev ied aAd
assessed by tlge City CauAeil, aAd all suel9 taxes sl9all be placed iA a separate tUAd aAd used fur street
purpases vvitl9iA tlge liffiits at tlge City aAd Aat atlge~vise.
9-
H:\Recent\Charter Review\Paul committee recommendations 10-04memo.wpd
Memo to Charter Committee
October 7, 2004
Matters' <L means unnecessarY and without controversv.
Single box means unnecessary but merits
explanation and analysis.
Double box means politically sensitive.
ARTICLE XIII - Appointive Officers
Section 1. Aooointive Officers. The Mayor, with the confirmation by the Council, shall appoint a
City Administrator, City Attorney and such other officers as the Council deems necessary. The Council
may combine any two or more appointive offices. (Charter amendment 5-23-78)
Section 1 A. Seoarate Police and Fire Deoartments. The City of Ashland shall maintain a fire
department which is separate and distinct from the City police department. The employees of one
department shall not be assigned to do the job functions of employees in the other department. (Charter
amendment 1-4-86)
Section 2. Qualifications. Duties and Salaries. The Council shall, by ordinances, prescribe the
duties of appointive officers, and determine their compensation and qualifications, except the Municipal
Judge shall be a member of the Oregon State Bar. The Council may designate any appointive officer to
supervise any other appointive officer, except the Municipal Judge in the exercise of his/her judicial
duties.
Section 3. Removal. The Mayor, with the consent of the Council, may suspend and remove any
appointive officer at any time.
Section 4. Interest in Citv Contracts. Except as provided otherwise by law, no officer, agent or
employee shall have any interest in any City contract made by him/her in his/her official capacity or by
any public committee, board, commission or department of which he/she is a member, agent or
employee, except that the employment of the officer, agent or employee shall not be considered a
contract for the purposes of this section.
ARTICLe XIV Chief of Police. Po..ers and Dtlties
Sootion 1. Tho Chiof of rolioo shall bo tho oonsorvator of tho poaGe within tho limits of tho City of
AshlaAd aAd, iA additi5A t5 the auth5rit) vested iA hiffi/her b) the Cit) C5uAcil, he/she shall have the
auth5rit) aAd jurisdicti5A af a c5Astable, aAd shall (1ualify aAd disehafge the duties af c5Astable, iA the saffie
ffiaAAer aAd t5 the saffie dfect as re{1uired 5f C5Astables uAdcr the statutes 5f this State. lie/she shall,
vvithiA the C5UAt) 5f Jaeks5A, arrest aA) aAd all15erS5AS guilt) af aA) breach 5f the I5caee c5ffiffiittcd iA
his/her I5reseAce, aAd take theffi before the judge 5f the Cit) C5urt, 5r S5ffie Justice 5f the ['cace for trial.
lie/she shall als5 have the 155vvcr, uAder aA) vvarFaAt ff5ffi the Judge, 5r aA) Justice 5t the ['eace, t5 arrest
aA) l5ers5A iA aA) l5art 5f the State 5t Orcg5A for aA) criffiiAal 5#eAse 5r the vi51ati5A 5t aA) Cit) 5rdiAaAce
alld, ill case the C5U1leil shall establish a 1551iee force for the City, he/she shall by virtue 5t his/her 5ffice be
Chid 5t such force.
Sootion 2. Tho Chiof of rolioo shall attond all mootings of tho City Counoil, and portorm tho dutios
5t the SefgeaAt at Arffis 5t that bad), vvateh 5vcr, care for aAd I5reseFlie all the Cit) 15f6l5crt) aAd g55d
ffi5Fals 5f the Cit); aAd it shall be his/her dut), aAd the dut) 5t aA) aAd all1551ice 5ffieers, t5 see that all the
lavvs aAd 5fdiAaAces 5f the Cit), aAd the l5f6visi5AS 5t this Charter, arc eAforced, t5 file C5ffil5laiAt vvith the
Cit) Judge agaiAst aA) l5ers5As vi51atiAg aA) af the l5f6visi5AS 5f this Chartcr, 5r the lavvs 5r 5fdiAaAces af
the Cit); aAd a failure 5r Aeglcet t5 faitl9full) l5erf6rffi aA) 5r all 5f sueR duties sRallbe cause for reffi5val
ff6ffi 5ffice b) tRe Cit) C5uAeil.
10-
H:\Recent\Charter Review\Paul committee recommendations 10-04memo.wpd
Memo to Charter Committee
October 7, 2004
Matters' <L means unnecessarY and without controversv.
Single box means unnecessary but merits
explanation and analysis.
Double box means politically sensitive.
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ARTICLE XV - Court
Section 1. Court. A court is hereby created in the City of Ashland, Oregon, to be known as the
Municipal Court. The court shall be open for the transaction of judicial business at regular times specified by
the Council. All area within the City shall be within the territorial jurisdiction of the court. When not governed
by ordinances or this Charter, all proceedings in the Municipal Court for the violation of a City ordinance
shall be governed by the applicable general laws of the State governing District Courts.
Section 2. Judge. The Municipal Judge shall be the judicial officer of the City. He/she shall exercise
original and exclusive jurisdiction of all offenses defined and made punishable by ordinances and Charter of
the City and all other offenses made punishable by State law over which the City is given concurrent
jurisdiction. He/she shall have authority to issue process for the arrest of any person accused of an offense
against the ordinances and Charter of the City, to commit any such person to jailor admit him/her to bail
pending trial, to issue subpoenas, to compel obedience to such subpoenas, to issue any process necessary
to carry into effect the judgments of the Court, and to punish witnesses and others for contempt of the
Court. The Judge shall make a monthly report of the Court's proceedings in writing to the City Council.
Section 2A. Term. The term of the Municipal Judge shall be four (4) years. (Charter amendment 5-
23-78).
Section 3. J!J..!y. A defendant may have a jury of six (6) members by demanding the same. Any jury
chosen shall be governed by the laws of the State of Oregon relatiAg ta juries iA tlge District Caurt, and shall
have the qualifications of such jurors resident within the corporate limits of said City.
CeetioA ~. iiAes. ices. Costs aAd Casl9 Oai!. TRe Cit'y CouAeil sl9alll5f5vide far tlge ealleetioA af all
Court fiAes, fees, C5StS aAd easl9 6ail vv 19iel9 s19all6e tUfAed over ta tlge City Il.eearder.
ARTICLE XVI - Miscellaneous Provisions
Section 1. Public Utilities - Water Works. The City of Ashland, a municipal corporation, shall have
the power to provide the residents of said City with such services as water, sewer, electric power, public
transportation and such other public utilities as the people desire by majority vote; and to exact and
collect compensation from the users of such public utility; provided, however, that any and all water and
water works and water rights now owned or which may hereafter be acquired by said City, for the
purpose of supplying the inhabitants thereof with water shall never be rented, sold or otherwise disposed
of; nor shall the City ever grant any franchise to any person or corporation for the purpose of supplying
the inhabitants of said City with water.
CeetioA 2. ~. TRe Cit'y's iffiffiuAity or lia6ility for torts s19all6e as deterffiiAed by Ctate lavv.
Section 3. Existinq Ordinances. Acts. Proceedinqs. All existing ordinances in force when this act
takes effect and not inconsistent herewith shall be and remain in full force after this act takes effect and
thereafter until repealed by the Council. All actions and proceedings pending and all unfinished business
whatsoever when this act takes effect shall thereafter be proceeded with according to the provisions of this
act or any City ordinance applicable thereto and continued in force by this act. No suit, action or proceeding
now pending in any Court shall abate by virtue of this act, and all persons in office shall continue to receive
such compensation for their services during the balance of their term as appertained to the office at the time
they were respectively elected or appointed thereto; and all rights vested or liabilities incurred when this act
takes effect shall not thereby be lost, impaired or destroyed; all bonds theretofore issued by said City are
hereby declared to be valid and of full force and effect, and all acts of the Council heretofore done in good
faith for the benefit of the City and on which proceedings shall not be instituted prior to July 1, 1970 are
hereby legalized and made valid in every particular.
11 -
H:\Recent\Charter Review\Paul committee recommendations 10-04memo.wpd
Memo to Charter Committee
October 7, 2004
Matters' <L means unnecessarv and without controversv.
Single box means unnecessary but merits
explanation and analysis.
Double box means politically sensitive.
Section 4. ReDeal of Previouslv-Enacted Provisions. All Charter provisions of the City enacted prior
to the time that this Charter takes effect are hereby repealed, except the provisions of the legislative Charter
of 1898 relating to the Powers of the Chief of Police; that is, Article X, Section 1 compiled herein as Article
XIV, Section 1; Powers and Duties of the Council - Taxation; that is, Article XII, Sections 1 and 2, compiled
herein as Article XII, Sections 1 and 2; and Territory Excepted for Road Purposes and Licensing Purposes;
that is, Article XVII, Section 1, compiled herein as Article XII, Section 3; and those provisions of the previous
Charter Amendments included in the following:
Article VII, Section 1, amended 11-2-54, compiled herein as Article IX, Section 1
Article VII, Section 2, amended 1-28-09, compiled partially herein as Article IX, Sections 2 and 3
Article VII, Section 3, of 1898 Charter, compiled herein as Article IX, Section 5
Article XXVIII, Sections 1 and 2, amended 11-4-30 and 10-16-59, compiled herein as Article XVII,
Sections 1 and 2
Article XIX, Sections 1,2, and 4, amended 12-15-08, and Section 3, amended 4-23-51, compiled
herein as Article XIX, Sections 1, 2, 3 and 4
Article XXVII, Sections 1, 2, 3, and 4 amended 11-11-28, compiled herein as Article XVIII, Sections
1, 2, 3, and 4
Article XXIX, Section 1, amended 11-4-30, compiled herein as Article XX, Section 1
Article XXXI, Section 1, amended 1938, compiled herein as Article XXI, Section 1
Article X, Section 2, amended 7-17-19, compiled herein as Article XIV, Section 2
Article XIX, Section 1-C, amended 3-12-57, compiled herein as Article XIX, Section 1-C
Section 5. Time of Effect of Charter Amendment. This amended Charter took effect on July 1, 1970,
except that Amendments to Article III, Section 2; Article VIII, Section 2; Article X, Section 2; Article XIII,
Section 1 and Article XXII took effect on June 6, 1972.
ARTICLe XVII 1168pital
Sootion 1. Tho City of J\shlond is horeby outhorizod and ompoworod to own, oporato and oonduot a
ffiuAieipal19a3pital vvitl9iA tlge liffiit3 af 3aid Cit'y af A3191aAd uAder tlge autl9arit'y aAd direetiaA af tlge CauAeil.
SootioA 2. Hlo CmJAoil is Aoros)' olltAori:cod to iSSllO oAd soli, iA I'l'lOAAOr oAd forl'l'l as iA its jlld€ll'l'lOAt
it ffia'y deeffi be3t, geAeral abligatiaA 15aAd3 af 3aid Cit'y iA a 3Uffi Aat ta exceed $350,000.00 for tlge purpa3e
af pf5vidiAg fUAd3 vvitl9 vvl9iel9 ta pUfC19a3e real pf5pert'y for a 19a3pital, C5A3tfuet a buildiAg ar buildiAg3 ta be
u3ed for 19a3pital purpa3e3, aAd e{1uip aAd furAi319 3aid 19a3pital iA aAd far 3aid Cit'y. Gaid baAd3 319all bear
tlge date e3tabli31ged b'y tlge CauAeil, be 3erial iA el9af8eter, eallable at aA'y iAtere3t pa'yffieAt date iA vvl9ale ar
iA l5art aA ar after five (5) 'year3 ff5ffi tlge date tlgereaf after Aatiee a3 pf5vided 15'y lavv, be retired b'y tlge 3aid
Cit'y iA a periad af Aat ta exceed tvveAt'y five (25) 'year3, be iA deAaffiiAatiaA af $1,000.00 eael9, be 3igAed b'y
tlge Ma'yar aAd C5uAter3igAed b'y tlge ll.ecaFder uAder tlge earpaf8te 3eal af 3aid Cit'y, 19ave 3effii aAAual
iAtere3t eaupaA3 beariAg tlge fae3iffiile 3igAature3 af tlge Ma'yar aAd Il.ccaFdcr attaelged tlgereta, b'y tlge terffi3
tlgefeaf plcdge tlge full faitl9 aAd crcdit af tlge 3aid City for tlgeir fel5a'yffieAt, aAd 19a1d aAd pf5ffii3e ta pa'y ta
tlge beafer af eael9 af 3aid baAd3 at ffiaturit'y tlgercaf, tlge 3Uffi tlgerciA Aafficd iA legal teAder af tlge UAited
Gtate3 af Affieriea, vvitl9 il,tefc3t tlgefcal, ii, like legal tel,der, at tlge affiee af tlge City ll.eeaFder ii, 3aid City ar
at 3ue19 atlger affiee a3 tlge CaUl,eil ffi8y, ii, it3 judgffiel,t, detefl'flil,e, vvl9iel9 beJl,d3 319allbe kl,avvl, a3
"lla3pital OaAd3". ne particular forffi af 3aid baAd3, tlge ffiaturitie3 tlgefcaf, tlge rate af iAtere3t tlgefC5A, aAd
3ue19 atlger detail3 af tlgeir i33uaAee aAd 3ale a3 are Aat 1gereiA ffieAtiaAed 319all be deterffiiAed b'y tlge CauAeil
iA tlge exefCi3e af it3 be3t judgffieAt iA arder ta earl) aut tlge iAteAtiaA 1gefeaf. nat it 319all be tlge dut'y af tlge
CauAeil ta aHeAd ta tlge pf5per applicatiaA af tlge fUAd3 derived ff5ffi tlge 3ale af 3aid baAd3 aAd tlge
pUfC19a3er ar pUfC19a3er3 tlgefC5f 319all iA Aa eveAt be re3paA3ible ar el9arged vvitl9 tlge pf5per applieatiaA af
tlge fUAd3 derived fr"5ffi tlge 3ale tlgereaf. nat tlge CauAeil i3 1gefcb'y autl9ariz:ed aAd effipavvered eael9 'year at
tlge tiffie af ffiakiAg tlge aAAual tax lev'y far Cit'y purpa3e3 ta iAelude iA 3ue19 lev'y a 3uffieieAt affiauAt ta ffieet
12 -
H:\Recent\Charter Review\Paul committee recommendations 10-04memo.wpd
Memo to Charter Committee
October 7, 2004
Matters' <L means unnecessarv and without controversv.
Single box means unnecessary but merits
explanation and analysis.
Double box means politically sensitive.
tlge l5ayffieAt af I5riAeil5al aAd iAterest aA said Ilasl5ital DaAds as saffie sl9allbe C5ffie due, aAd tl9is autl9arity
sl9allbe iA additiaA ta all Cl9arter aAd OregaA CaAstitutiaA debt liffiitatiaA.
ARTICLe X'v~1II Ceffieterie8 Trtl8t rtlnd
SeetiaA 1. T1ge C5uAeil is 1gereby autl9ariLcd aAd effil5avvered eael9 year, at tlge tiffie af ffiakiAg tlge
aAAuallevy for City l5url5aSes, ta iAelude iA suel9 levy a SUffi eC1ual ta but Aat ta excced aAe ffiill aA eael9
dallar af assessed valuati5A af 15f5l5erty vv itl9iA tlge City, vv 19iel9 SUffi sl9all be used for tlge l5url5aSe af
ffiaiAteAaAce aAd ul5keel5 af eeffieteries I9cld by, ar uAder C5Atf51 af tlge City af Asl9laAd. Suel9 Ie v y sl9all Aat
be vv itl9il, tlge liffiitatial, af taxatial, 15f5 v ided by lavv. r'rav idee! furtlger tl9at eacl9 ycar ff5ffi tl9c I5fOcceds af
sucl9 levy tlge CauAcil sl9all sct aside iA a I5crffiaAeAt trust fUAd tlge SUffi af $500.00, tlge iAC5ffie ff5ffi vvl9iel9
sl9allbe used ta earl) aut tlge l5url5aSes fficAtiaAed 1gereiA. WlgeA suel9 trust fUAd sl9all 19a ve aecuffiulatcd ta
sucl9 aA extcAt as ta l5f5vide sufficieAt iAcaffie for tlge l5url5aSes for vvl9icl9 saffie vvas created, tlgeA Aa furtlger
tax levy sl9allbe ffiade tlgercafter.
Sootion 2. Tho Counoil is horeby givon authority to roooi':o oontrol, for and on bohalf of tho City of
Asl9laAd, ar aAy I5rivately al5crated ar avvAcd ceffietery vvitl9iA tlge said City for tlge l5url5aSe af l5f5vidiAg
15f5I5Cr ul5kCCI5 aAd ffiaiAteAaAee af aAy sucl9 ceffietery, said CauAeil ta rcceive suel9 caAtf51 aAly U155A
C5AditiaAs as ta it ffiay SCCffi far tlge best iAterests af tlge City.
SoatioR 2. Hlo CmJAail is Aoro13')' alltAorizod to aroato sllaA fllRds as, iR its disarotioR, I'l'lay 130
Aecessary for tlge l5url5aSe af kccl5iAg aAd ffiaiAtaiAiAg iA 15f5l5er caAditiaA tlge eCffictcries vvitl9iA ar adjaccAt
ta tlge City af Asl9laAd, aAd uAder tlge jurisdictiaA af said C5uAeil, aAd is furtlger autl9ariLed ff5ffi aAy ffiaAies
reccivcd ff5ffi sale af eeffietel) lats, ta sl5ceifieally ere ate a trust fUAd far tlge I5Crl5etual ul5kcel5 af tlge lats sa
said, aAd is furtlger autl9ariLed ta caAtract vvitl9 tlge l5urcl9asers af aAy lats sa said, aA bel9alf af tlge City af
Asl9laAd, f5r tlge I5Crl5etual ul5kCCI5 af said lat8 aA suel9 tcrffls aAd C5AditiaAs as said CauAeil ffiay decffi best
far tlge l5f5teetiaA af said City.
Sootion 4. Tho Counoil is horeby authorizod to aooopt any boquosts or donations for tho purposos
fficAtiaAed 1gereiA aA bel9alf af tlge said City, vvl9iel9 daAatiaAs ar bCC1uests sl9allbeC5ffie a l5art af said
l5erffiaAcAt trust fUAd, uAless sl5ecified atlgeFvvise vvlgeA aAy sucl9 bCC1uests ar daAatiaAs are giveA.
ARTICLE XIX - Park Commission
Section 1. Dedication. All those lands specified by the Charter Amendment of December 15, 1908
and May 13,1912, are hereby reserved and forever dedicated to the people of the City for park purposes
and shall never be sold, leased, encumbered or used for any purpose inconsistent therewith; provided,
however, that such public buildings as may enhance the beauty of said park, or that shall not detract
therefrom, may be constructed if so directed by a majority vote of the electors of said City; and provided
further, that nothing contained in this act shall be construed so as to impair or interfere with proper
construction or operation of the City's light, power or water system.
Section 1-C. That the Ashland Park Commission, with the consent of the Common Council, shall
have the authority to lease to the Oregon Shakespearean Festival Association, a non-profit corporation of
the State of Oregon, any portion of Lithia Park described as follows, to-wit:
That certain property commencing at the northeast corner of the Chamber of
Commerce building; thence, southerly along the base of the hill to southern side of
pond in lower park; thence, east to ditch carrying water to waterfall; thence,
southerly along ditch 150 feet; thence, east 110 feet to west side of Hargadine
Street; thence, northerly on west line of Hargadine Street to northeast corner of
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October 7, 2004
Matters' <L means unnecessarv and without controversv.
Single box means unnecessary but merits
explanation and analysis.
Double box means politically sensitive.
park property; thence, following the meandering north line of park property to place
of beginning, containing approximately two acres
for the purpose of remodeling and expanding the present Festival theatre and the construction of additional
buildings which are hereby designated as public buildings for use by the Oregon Shakespearean Festival
Association for any of the purposes authorized by the corporate charter of said association, said use to be
on such terms and conditions as the Ashland Park Commission, with the consent of the Common Council,
deems in the best interests of the City; provided, however, that any lease shall not exceed a period of
ninety-nine (99) years.
Section 2. Park Commission. The certain board created by a vote of the qualified electors of the
City of Ashland, Oregon, at a special election held on the 15th day of December, 1908, which became
effective by the proclamation of the Mayor published on the 17th day of December, 1908, and known and
designated as the "Ashland Park Commission", be and the same, as constituted and created by said
Charter amendment, and as now existing, is hereby perpetuated and continued as five (5) members with
all the powers conferred and duties imposed by said Charter amendment and ordinances of the City of
Ashland.
Provided, that at the general biennial election to be held on the first Tuesday after the first
Monday in November, 1920, two commissioners shall be elected to serve for the term of four (4) years
from the first day of January, 1921, and that at the general biennial election to be held in November,
1922, three commissioners shall be elected to serve for the term of four (4) years from the first day of
January, 1923, and that the term of office for each succeeding commissioner shall be four (4) years
unless elected to fill a vacancy, in which event he/she shall be elected to serve until the first day of
January following the next succeeding biennial election after any such vacancy. Provided, further, that
each of the commissioners now constituting the present Ashland Park Commission shall hold office for
the term for which he/she was elected, and until his/her successor is elected and qualified.
Section 3. Fundinq. The said Park Commission shall have control and management of all the
lands here dedicated for park purposes and of all other lands that may hereafter be acquired by the City
for such purposes. They shall have control and management of all park funds, whether the same is
obtained by taxation, donation or otherwise, and shall expend the same judiciously for beautifying and
improving the City's parks.
It shall be the duty of said Commission and they shall, at the beginning of each month, file with
the City Recorder for the information of the City Council and the public, a report of their doings for the
preceding month. Such report shall specify all funds on hand and the source from whence obtained. It
shall carry a clear statement of all monies expended and for what purpose. All purchases made and all
labor performed, together with the cost thereof, shall be embodied in said report. 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 park purposes for the ensuing year and file the same with the City
Recorder, whereupon there shall be included in said general levy not to exceed four and one half (4-1/2)
mills on the dollar to meet such requirements, which, when collected, shall be deposited with the City
Recorder subject to the order of said Commission. The levy herein authorized shall be outside the
limitation on taxation set forth in Article XI, Section II of the Constitution of Oregon.
Section 4. Salarv: Government. The said Commission shall serve without pay and shall have power
to formulate and adopt rules and regulations for their government and for the purpose of carrying into effect
the purposes of their creation as Park Commission. They shall enter upon the discharge of their duties
immediately upon their organization and shall, as soon as may be expedient, cause a map or maps to be
made of the lands herein dedicated, and shall make the same conform to the descriptions contained in the
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Matters' <L means unnecessarY and without controversv.
Single box means unnecessary but merits
explanation and analysis.
Double box means politically sensitive.
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instruments by which said City obtained title thereto; which said instruments shall be considered as carrying
a more specific description of said lands.
ARTICLE XIX A - Open Space Park Program
Section 1. Creation. Powers and Duties. An Open Space Park Program is hereby created to be
administered by the Ashland Park Commission. The Park Commission shall make recommendations to the
City Council concerning priorities for land and easement acquisitions for the Open Space Park Program.
After dedication of land to the Open Space Park Program, the Ashland Park Commission shall be
responsible for the administration, development and operation of such lands.
Section 2. Land and Easement Acquisition Procedures. Both the Ashland Park Commission and the
City Council must agree upon land or easements to be acquired for open space park purposes. Before any
land or easements that have been acquired for the Open Space Park Program are disposed of and released
from the Program there shall be a public hearing. Disposal shall be by Ordinance, which shall not contain an
emergency clause, thus giving to the people of the City of Ashland the opportunity to petition for a
referendum. Land or easements acquired for open space park purposes shall be dedicated by the City
Council for such purposes. Such dedicated lands or easement shall be under the control and management
of the Ashland Park Commission. The City Council shall not use the power of condemnation to acquire fee
simple ownership of any land for Open Space purposes or for trails. (Amended 8-14-90)
Section 3. Resources. Monies dedicated to the Open Space Park Program shall be expended only
for Open Space lands or easements, for costs of acquisition and for such other purposes pertinent to the
Open Space Park Program as the Council and Park Commission may jointly determine. All monies
dedicated for acquisition of Open Space Park Program lands shall remain under the financial management
of the City of Ashland.
The tax measures for funding for land acquisition for the Open Space Park Program shall be approved by
the voters, and the tax rates approved therein by the voters shall not be altered for Open Space purposes
by the City Council without further approval by the electorate. Said tax measures for funding of the Open
Space Park Program shall expire on December 31, 2010, unless extended by a vote of the electorate.
(Amended 8-14-90)
Section 4. Definition and Purpose of Ooen Soace Park Lands. The definition and purpose of open
space park lands shall be as defined in State Law, ORS 308.740, or as modified by Ordinance of the City of
Ashland. (Amended 5-15-90).
ARTICLe)O( Mtlniei1581 Airl50rt
Sootion 1. ~. Tho City of J\shland is horeby givon tho powor and authority to aoquiro, own,
C5nduet and ol5erate a ffiunieil5al airl50rt eitlger vvitl9in or outside tlge liffiits of tlge City of Asl9land, under tlge
autl90rity and direction of tlge Council.
ARTICLe nl City Dand
Sootion 1. J\t tho time of making tho tQ)( lo'/y for gonoral City purposos oaoh yoar, tho Counoil shall
cause a careful estiffiate ta 6e ffiade of tlge ffionC'y re{1uired for tlge l5ur155Se of a City Oand for tlge ensuing
year, suel9 estiffiate s19all6e I5resented and considered vvitl9 tlge otlger iteffis in tlge annual6udget and tlgere
s19all6e included in tlge general levy for tlge ensuing year not ta exceed six tentl9s (.6) ffiills on tlge dollar for
suel9 6and re{1uireffients, vv 19iel9 fund, vv 1gen collected, sl9all 6e dej50sited vv itl9 tlge City Il.eeorder, sU6ject ta
tlge order of tlge Council.
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Memo to Charter Committee
October 7, 2004
Matters' <L means unnecessarv and without controversv.
Single box means unnecessary but merits
explanation and analysis.
Double box means politically sensitive.
ARTICLE XXII - Recreation Commission
Section 1. The Ashland Recreation Commission is hereby created to be composed of the five (5)
Ashland Park Commissioners and their terms of office shall be the same.
Section 2. The powers and duties of the Recreation Commission shall be as set forth in this
Charter, the Ordinances of the City of Ashland, and by any other applicable law.
Section 3. Any funds to be spent by the Recreation Commission for recreation purposes shall be
from such funds as may be appropriated from time to time by the City Council, and in no event shall any
funds be spent for recreation purposes that are received pursuant to Article XIX of this Charter and which
relates to the Park Commission and a levy for park purposes.
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