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Home My WebLink AboutMike MODEL CHARTER with comment Comment [mwf2]: Page: 1 : ARTICLE II - Powers I Section 1. Powers of the City. The City I shall have all powers which the i constitutions, statutes, and common law I of the United States and of this State : expressly or impliedly grant or all ... 2 I I I I I I I I I I I I I I I I I I I I I I II I 'I I II I 'I I II I II I II I II I I I I I I I I I I I I I I I I I I I I II II II exercise fully all powers possible under this charter and under United States and Oregon 1:1 Ilw.J , vvl.___________________________________________________________________' MODEL CHARTER FOR OREGON CITIES I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I exist or are legally modified. The city will maintain as a public record an accurate and : current description of the Iboundariesl_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _: PREAMBLE* We, the voters of , Oregon exercise our power to the fullest extent possible under the Oregon Constitution and laws of the state, and enact this Home Rule Charter.1 Chapter I NAMES AND BOUNDARIES Section 1. Title. This charter may be referred to as the 20 _ Charter.2 Section 2. Name. The City of corporation with the name City of , Oregon, continues3 as a municipal 4 Section 3. Boundaries. The city includes all territory within its boundaries as they now Chapter 11 POWERS Section 4. Powers. The city has all powers that the constitutions, statutes and common law of the United States and Oregon expressly or impliedly grant5 or alloV\(61 the city, as fully as though this charter specifically enumerated each of those powersY Section 5. Construction. The charter will be liberally construed8 so that the city may Section 6. Distribution. The Oregon Constitution reserves initiative and referendum powers as to all municipal legislation to city voters.9 This charter vests all other city powers in the council except as the charter otherwise provides. The council has legislative,10 administrative and quasi-judicial authority. The council exercises legislative authority by ordinance, administrative authority by resolution, and quasi-jlrldjiCial authority by order. The council may not delegate its authority to adopt ordinances.111 _ _ _ _ _ _ _ _ _ _ _ __ I I I I I I I I I I I I I I I I I I I I I I ~I:~~i~~ !r~~~~~C~lit;:~I~~9U;.~~ _c_o_n~~s~~ ~~ ~ _ ~~~~~~ ~~~ _s~~ ~~~:~i~O:~ ~3_ :~~~n_a~~~ ~~~ _ _;/ Chapter III COUNCIL G:\recorder\Charter Review\Sponsler\Mike MODEL CHARTER with comments. doc Page - 1 Comment [mwfl]: Page: 1 : ARTICLE I - Name and Boundaries I 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 v oters, by the Council, or by any other agency Comment [mwf3]: Page: 1 Article VIII, 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 Comment [mwf4]: Page: 1 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 rnentio ... 3 Comment [mwfS]: Page: 1 Section 3. PrO',!isions for ~^.mendment and R€':ision. The Cmmcil "hall h",:e the pO',T,'er to call a special election upon a re"olutioo passed by the Council for the purpose of amemliRgthe Charter or enactiIlf; a ne'!,' Charter, or ',T:heneT:er 4 I I I I I I I I I I I I I I I I I I Comment [mwf6]: Page: 1 ~'\rticle LX:, Section 1. Violation of Charter Ordinanoe and La'!:s. The Council, at any regular or adjourned meeting, "hall ha':e the po'!:er 'i:ithin the limit" of the City of ,^.shland to enaot . . ... [5] Comment [mwf7]: Page: 1 ARTICLE III - Elective Officers Section 1. Elective Officers. The elective officers of the City shall be: a Mayor, Recorder, six (6) Council Members, five (S)ParkCommissionersandaM ...6 Comment [mwf8]: Page: 1 Article VIII, Section 2. Composition. 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 nurn ber running from one (No.1) through six (No.6), and any candidate for Council shall, s ... [7] Section 8. Mavor. The mayor presides over and facilitates council meetings, preserves order, enforces council rules, and determines the order of business under council rules. The mayor is a voting member of the council and has no veto authority.15 With the consent of council, the mayor appoints members of commissions and committees established by ordinance or resolution. The mayor must sign all records of1c9uncil decisions.16 The mayor serves as the political head of the city government.171 _ _ _ _ _ _ _ _ _ __ I I Section 9. Council President. At its first meeting each year, the council must elect a / president from its membership. The president presides in the absence of the mayor and / acts as mayor when the mayor is unable to perform Idutiesl__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ / Section 10. Rules. The council must by resolution adopt rules to govern its meetings}8~ __ ~ /// Section 11. MeetinQs. The council must meet at least once a month at a time and place designated by its rules, and may meet at other times in accordance with the Irulesl._ _ _ _ _ _ __ Section 12. Quorum. A majority of the council members is a quorum to conduct business,19 but a smaller numpE!r may meet and compel attendance of absent members as prescribed by council rules.l2o~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Section 13. Vote Required. The express21 approval of a majority of a quorum of the council is necessary for any cyouncil decision,22 except when this charter requires approval by a majority of the council PI_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Section 14. Rec~. A record of council meetings must be kept in a manner prescribed by the council rules.2 -------------------------------------------------------- Chapter IV LEGISLATIVE AUTHORITY 25 Section 15. Ordinances. The council will exercise its legislative authority by adopting ordinances. The enacting clause for all ordinances must state "The City of ordains as ~ollowsl:~._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Section 16. Ordinance fA.doptionl._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ \ \ \ \ \ \ \ \ \ \ (a) Except as authorized by subsection (b), adoption of an ordinance requires approval by a majority of the council at two meetings.26 (b) The council may adopt an ordinance at a single meeting by the unanimous approval of at least a quorum of the council,27 provided the proposed ordinance is available in writing to the public at least one week before the meeting. G:\recorder\Charter Review\Sponsler\Mike MODEL CHARTER with comments. doc Page - 2 I I I I I I I I I I I I Comment [mwf9]: Page: 2 I Article VIII, Section 7. Mavor's Function at Council Meetings. 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 CoCf8l I Comment [mwfl0]: Page: 2 Article VIII, 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 (I) year. He/she shall, durcr9l Comment [mwfll]: Page: 2 Article VIII, Section 3. Council Meetings 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, ~ Comment [mwf12]: Page: 2 Article VIII, Section 3. Council Meetings 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, WUf Comment [mwf13]: Page: 2 Article VIII, Section 4. Ouorum. The Mayor and not less than three (3) of the Council members, or four (4) of the Council ill ern bers, shall constitute a quorum for conducting Council business. Comment [mwf14]: Page: 2 Article VIII, 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 Lj ... [12] Comment [mwf15]: Page: 2 /\rtiole VIII, 8ection 5. Journal. The Council shall cause a record of its proceedings to b. kep!. T 'pan request of the Mayor or any of the Council members, the ayes and nays upon any . '-" ... r131 Comment [mwf16]: Page: 2 ARTICLE X - Ordinances Section 1. Enacting Clause. The enacting clause of all ordinances hereafter enacted shall be: "The People of the City of Ashland do ordain as follows:" \ Comment [mwf17]: Page: 2 Article X, Section 2. Mode of Enaclmen!. (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 d~ , , , \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ , \ \ \ (c) Any substantive amendment to a proposed ordinance must be read aloud or made available in writing to the public before the council adopts the ordinance at that meeting. (d) After the adoption of an ordinance, the vote of each member must be entered into the council minutes. (e) After adoption of an ordinance, the city custodian of records must endorse it with the date of adoption and the custodian's name and title. Section 17. Effective Date of Ordinances. Ordinances normally take effect on the 30th day after adoption, or on a later day provided in the ordinance. An ordinance may take effect :~:~~~n~~ ~~0~:~8P~ _o~~~r_ ~~t~_I~~~ ~~~~ ~~ _d_a:~_~~e:_a_d_o~~i~~_i: ~ ~~~~~i:~ ~~_ _ _ _ _ _ __ Chapter V ADMINISTRATIVE AUTHORITY29 Section 18. Resolutions. The council will normally exercise its administrative authority by approving resolutions.3D The approving clause for resolutions may state "The City of resolves as follows:". Section 19. Resolution Approval. (a) Approval of a resolution or any other council administrative decision requires approval by the council at one meeting.31 (b) Any substantive amendment to a resolution must be read aloud or made available in writing to the public before the council adopts the resolution at that meeting. (c) After approval of a resolution or other administrative decision, the vote of each member must be entered into the council minutes. (d) After approval of a resolution, the city custodian of records must endorse it with the date of approval and the custodian's name and title. Section 20. Effective Date of Resolutions. Resolutions and other administrative decisions take effect on the date of approval, or on a later day provided in the resolution.32 Chapter VI QUASI-JUDICIAL AUTHORITY33 Section 21. Orders. The council will normally exercise its quasi-judicial authority by approving orders. The approving clause for orders may state "The City of orders as follows:". G:\recorder\Charter Review\Sponsler\Mike MODEL CHARTER with comments. doc Page - 3 - Comment [mwf18]: Page: 3 Article X, 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. Comment [mwf19]: Page: 4 : ARTICLE V - Council Members I Section 1. Terms. The Council members I in office at the time this Charter is : adopted shall continue in office, each I until the end of his/her term of office as I fixed by the Charter of the City in effect I at the time this Charter is adopted. At : each biennial general election af ... 15 I I Comment [mwf20]: Page: 4 : i ARTICLE IV - Mayor I I Article IV, Section 1. Term. The Mayor I I in office at the time this Charter is : i adopted shall continue in office until the I I end of his/her term of offIce as fIXed by : i the Charter of the City in effect ... 16 : : I Comment [mwf21]: Page: 4 I I I I I I I I I "I ", ", "I : :: I Comment [mwf22]: Page 4 I II I I I{ I I II I I II I I III I I{! I I{ I Section 24. Councilors. The term of a councilor in office when this charter is adopted is I " I the term for which the councilor was elected.35 At each gene~lal election after the : 11/ adoption, three councilors will be elected36 for four-year terms.371_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -.! / Section 22. Order Approval. (a) Approval of an order or any other council quasi-judicial decision requires approval by the council at one meeting.34 (b) Any substantive amendment to an order must be read aloud or made available in writing to the public at the meeting before the council adopts the order. (c) After approval of an order or other council quasi-judicial decision, the vote of each member must be entered in the council minutes. (d) After approval of an order, the city custodian of records must endorse it with the date of approval and the custodian's name and title. Section 23. Effective Date of Orders. Orders and other quasi-judicial decisions take effect on the date of final approval, or on a later day provided in the order. Chapter VII ELECTIONS Section 25. Mavor. The term of the mayor in office when this charter is adopted continues until the beginning of the first odd-numbered year after adoption. At ev~?, other general election after the adoption, a mayor will be elected for a four-year term?8 Section 26. State Law. City elections must conform to state law except as this cyhprter or ordinances provide otherwise. All elections for city offices must be nonpartisan?91 Section 27. Qualifications. (a) The mayor and each councilor must be a qualified elector under state law, and reside within the city for at least one year immediately before election or appointment to office.4o (b) No person may be a candidate at a single election for more than one city office. (c) Neither the mayor nor a councilor may be employed by the city.41 (d) The council is the final judge of the election and qualifications of its Imembersl__ _ _ _ _ _ _ _ / Section 28. Nominations. The council must adopt an ordinance prescribirg the manner / for a person to be nominated to run for mayor or a city councilor position.1421_ _ _ _ _ _ _ _ _ _ _ _ / G:\recorder\Charter Review\Sponsler\Mike MODEL CHARTER with comments. doc Page - 4 I I I I I I I I I I I f I I I I If II II If II Comment [mwf23]: Page: 4 Article VII, 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 Re lar Ele Comment [mwf24]: Page: 4 ~'\rticle VII, Section 6. CanT/ass of Returns. III all eleetioll3 held ill eOlljUlletiOR "ith State alld CoUll!) eleetions, ilie 8tate la',','s governing ilie filing of returns by ilie County Clerk ... 20 Comment [mwf25]: Page: 4 Article VII, 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 I f f I I I I Comment [mwf26]: Page: 4 Article III, Section 2. Oualifications. All elective officers except the Municipal Judge shall be residents and qualified voters in the City. (Charter amendment 5-23-78). Comment [mwf27]: Page: 4 Article VII, 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 prescribe ... [22] Section 29. Terms. The term of an officer elected at a general election begins at the first council meeting of the year immediately aft~r]the election, and continues until the successor qualifies and assumes the office.~3 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Section 30. Oath. The mayor and each councilor must swear or affirm to faithfully perform the duties of the office and support the constitutions and laws of the United States and IOregon~________________________________________________________________-~~ Section 31. Vacancies: The mayor or a council office becomes vacant: (a) Upon the incumbent's: (1) Death, (2) Adjudicated incompetence,44 or (3) Recall from the office.45 (b) Upon declaration by the council after the incumbent's: (1) Failure to qualify for the office within 10 days of the time the term of office is to begin. (2) Absence from the city for 30 days without council consent, or from all council meetings within a 6o-day period, (3) Ceasing to reside in the city,46 (4) Ceasing to be a qualified elector under state law, (5) Conviction of a public offense punishable by loss of liberty,47 (6) Resignation from the office, or (7) Removal under Section 33fji~._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ _ ~- Section 32. FillinQ Vacancies. A mayor or councilor vacancy will be filled by appointment by a majority of the remaining council members.48 The appointee's term of office runs from appointment until expiration of the term of office of the last person elected to that office. If a disability prevents a council member from attending council meetings or a member is absent from the city, a majority of the council may appoint a councilor pro tem.49 Chapter VIII APPOINTIVE OFFICERS Section 33. City ManaQer. (a) The office of city manager is established as the administrative head of the city government.5o The city manager is responsible to the mayor and council for the proper administration of all city business. The city manager will assist the mayor and council in the development of city policies, and carry out policies established by ordinances and resolutions.51 G:\recorder\Charter Review\Sponsler\Mike MODEL CHARTER with comments. doc Page - 5 ~ Comment [mwf28]: Page: 5 Article III, Section 5. Term. The term of all elective officers shall begin the first day of January following their election. Comment [mwf29]: Page: 5 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. Comment [mwf30]: Page: 5 Article III, 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 J\1ayor or Council Mern ber, upon hisiher 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 mem ber 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. (b) A majority of the council must appoint and may remove the manager. The appointment must be made without regard to political considerations and solely on the basis of education an<il ~xperience in competencies and practices of local government managcmcnt.~21_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (c) The manager need not reside in the city.53 (d) The manager may be appointed for a definite or an indefinite term, and may be removed at any time by a majority of the council. The council must fill the office by appointment as soon as practicable after the vacancy occurs. (e) The manager must: (1) Attend all council meetings unless excused by the mayor or council; (2) Make reports and recommendations to the mayor and council about the needs of the city; (3) Administer and enforce all city ordinances, resolutions, franchises, leases, contracts, permits, and other city decisions; (4) Appoint, supervise and remove city emPloyees;~4l_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _- (5) Organize city departments and administrative structure; (6) Prepare and administer the annual city budget; (7) Administer city utilities and property; (8) Encourage and support regional and intergovernmental cooperation; (9) Promote cooperation among the council, staff and citizens in developing city policies, and building a sense of communitl5; (10) Perform other duties as directed by the council; (11) Delegate duties, but remain responsible for acts of all subordinates. (f) The manager has no authority over the councilor over the judicial functions of the municipal judge.56 (g) The manager and other employees designated by the council may sit at council meetings but have no vote. The manager may take part in all council discussions. (h) When the manager is temporarily disabled from acting as manager or when the office of manager becomes vacant, the council must appoint a manager pro tem. The manager pro tem has the authority and duties of manager, except that a pro tem manager may appoint or remove employees only with council approval. (i) No council member may directly or indirectly attempt to coerce the manager or a candidate for the office of manager in the appointment or removal of any city employee, or in administrative decisions regarding city property or contracts.57 Violation of this prohibition is grounds for removal from office by a majority of the council after a public hearing. In council meetings, councilors may discuss or suggest anything with the manager relating to city business.58 G:\recorder\Charter Review\Sponsler\Mike MODEL CHARTER with comments. doc Page - 6 - Comment [mwf31]: Page: 6 Article XIII, Section 1. Appointive 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) ... [23] Comment [mwf32]: Page: 6 Article XIII, Section 3. RemovaL The Mayor, with the consent of the Council, may suspend and remove any appointive officer at any time. Section 34. City Attorney. The office of city attorney is established as the chief legal officer of the city government. A majority of the council must appoint and may remove the attorney. The attorney must appoint and supervise, and may remove any office employees.59 I I I I I I I I Section 35. Municipal Court and ~_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ j (a) A majority of the council may appoint and remove a municipal judge. A municipal judge will hold court in the city at such place as the council directs. The court will be I known as the MunicipallCourt[. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~/ (b) All proceedings of this court will conform to state laws governing justices of the peace / and justice Icourtsl. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ / (c) All areas within the city and areas outside the city as permitted by state law are within the territorial jurisdiction of the Icourt]._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ \ (d) The municipal court has jurisdiction over every offense created by city ordinance. The court may enforce forfeitures and other penalties created by such ordinances. The court also has jurisdiction under state law unless limited by city ordinance.6o (e) The municipal judge may: (1) Render judgments and impose sanctions on persons and property; (2) Order the arrest of anyone accused of an offense against the city; (3) Commit to jailor admit to bail anyone accused of a city offense; (4) Issue and compel obedience to subpoenas; (5) Compel witnesses to appear and testify and jurors to serve for trials before the court; (6) Penalize contempt of court; (7) Issue processes necessary to enforce judgments and orders of the court; (8) Issue search warrants; and (9) Perform other judicial and quasi-judicial functions assigned by lordinance]. ------- (f) The council may appoint and may remove municipal judges pro tem. (g) The council may trafl~fer some or all of the functions of the municipal court to an appropriate state cou rtJ311_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Chapter IX PERSONNEL Section 36. Compensation. The council must authorize the compensation of city officers and employees as part of its approval of the annual city budget.62 G:\recorder\Charter Review\Sponsler\Mike MODEL CHARTER with comments. doc Page - 7 Comment [mwf33]: Page: 7 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 tenn of four (4) years. (Charter amendment 5-23-78) .., 25 / Comment [mwf34]: Page: 7 / Article XV, Section 2A T enn. The tenn I of the Municipal Judge shall be four (4) years. (Charter amendment 5-23-78). / Comment [mwf35]: Page: 7 Article XV, Section 3. J.t!ry. 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 relating to juries in the District Gellil,and shall have the qualifications of such jurors resident within the corporate limits of said City. Section 1. Fines Fees Costs and Cash BaiL The City Council shall proyide for the collection of all Court fines, fees, costs and cash bail ',':hich shall be turned oyer to the City Recorder \ \ \ \ \ \ \ \ \ \ Comment [mwf36]: Page: 7 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. \\!hen 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. .., [26] \ \ \ \ \ \ Comment [mwf37]: Page: 7 Article XV, 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 s .., [27] Comment [mwf38]: Page: 7 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 .., [28] Section 37. Merit Systems. The council63 by resolution will determine the rules governing recruitment, selection, promotion, transfer'ld~motion, suspension, layoff, and dismissal of / city employees based on merit and fitness.6~ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ _ ~// Comment [mwf39]: Page: S Chapter X Article XIII, Section 2. Oualifications Duties and Salaries. The Council shall, by ordinances, prescribe the duties of appointive officers, and deteffiline 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 ofhis/lier judicial dutie1 ... r291 PUBLIC IMPROVEMENTS Comment [mwf40]: Page: S ~'\rticle XI, Section 2. IrnpfQ',!ernents. The procedure for rnakiIlf;, alteriTIf;, ';acatiIlf; or abandoniIlf; a public irnproT(ernent "hall be governed by general ordinanoe or to the m~tent not so f;oT(emed, by applioable generalla'.':s of \lie Ztate. ~^~Gtion on any proposed public irnpro, ernent, e;~eept a side" aJk or m~Gept an irnproT;ernent manimously deolared by the Council to be needed at , ... r301 / / 1 Comment [mwf41]: Page: ~ / - - i Comment [mwf42]: Page: cT32fi I{ Comment [mwf43]: Page: S033fl /1\ Comment [mwf44]: Page: cT34fi / i,l Comment [mwf4S]: Page: ~ / / i ( Comment [mwf46]: Page: ~ Section 40. Debt. City. indebtedn.ess may not ~xce~d ?ebt limits imposed by state law.66 / / i /( Comment [mwf47]: Page ~ A charter amendment IS not required to authorize city Ilndebtednessl_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~I / i /i( C t [ wf48]. P . ~ I I 'I, ommen m . age. ... 38 Section 41. Ordinance Continuation. All ordinances consistent with this charter in force / i /i/J Comment [mwf49]: Page ~ when it takes effect remain in effect until amended or Irepealedl. / i ////[ Comment [mwfSO]: Page ~ ------------------- - I ',I i //1//( Comment [mwfSl]: Page: ~ Section 4~1 Repeal. All charter provisions adopted before this charter takes effect are i /~/,:,/\ Comment [mwfS2]: Page ~ repealed. 7_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _"I /,;<//\ Comment [mwfS3]: Page ~43 III! II ... Section 43. Severabilitv. The terms of this charter are severable. If any provision is held //::;:::;1;11 Comment [mwfS4]: Page S~ invalid by a court, the invalidity does not affect any other part of the charter. //:;<;11 { Comment [mwfSS]. Page. ~ '1IIill(1 Comment [mwfS6]: Page: 46 IIII( ! ... , ~oL-" _ _ _ _ _ _ _ _ _i I;~;/ { Comment [mwfS7]: Page SW47li f\~: ~"/ 1 Comment [mwfS8]: Page ~ r~ / i Comment [mwfS9]: Page: ~ \~~,~ i Comment [mwf60]: Page ~ I> \ 'i Comment [mwf61]: Page: ~ \~:\:i Comment [mwf62]: Page ~ '\i Comment [mwf63]: Page: ~ \{ Comment [mwf64]: Page: ~ ! Comment [mwf6S]: Page: SW55li I I I I I I I I I necessary to suspend the action will be determined by lordinancel._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __/ Section 38 Procedure. The council may by ordinance provide for procedures governing the making, altering, vacating, or abandoning of a public improvement.65 A proposed public improvement may be suspended for six months upon remonstrance by owners of the real property to be specially assessed for the improvement. The number of owners Section 39. Special Assessments. The procedure for levying, collecting and enforcing special assessments for public improvements or other services charged against real property will be governed by lordinancel. Chapter XI MISCELLANEOUS PROVISIONS Section 44. Time of Effect. This charter takes effect 11 ] G:\recorder\Charter Review\Sponsler\Mike MODEL CHARTER with comments. doc Page - 8 Page 1: [1] Comment [mwf1] franellm Page: 1 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. +he Recorder shall keep in her/his office at City Hall at least tViO (2) copies of this Charter, in each ofvihich he/she shall maintain an accurate and up to date description of the boundaries. The copies and descriptions shall be ayailable for public im;pection at any time during regular office hourG of the Recorder. Page 1: [2] Comment [mwf2] franellm Page: 1 ARTICLE II - Powers Section 1. Powers of the City. 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. Page 1: [3] Comment [mwf4] franellm Page: 1 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. Page 1: [4] Comment [mwf5] franellm Page: 1 Section 3. Pro'iisions for Amendment and Re'iision. The Council shall haye the povier t{) call a special clection upon a resolution passed by the Council for the purpose of amending the Charter or enacting a nc'li Charter, or vihencyer petitioncd to do so by the cleeton; of said City, under any initiatiye or referendum ordinance of the City of Ashland, or the la'lis of the State ofOrogon. Page 1: [5] Comment [mwf6] franellm Page: 1 L^,rticle IX, Section 1. Violation of Charter, Ordinance and La'liS. The Council, at any regular or adjourned meeting, shall haye the povier viithin the limits of the City of Ashland t{) enact lavis, ordinances and pass resolutions not in conflict or inconsistent viith the lavis of the United States, the State of Orogon, or the proyisions of this Charter; and t{) pro'iide for punishment of any person or persons found guilty by a compet.ent tribunal of the violation of any such laws, ordinances, or any of the provisions of this Charter, by fine or imprisomnent of such offender, until such fine and costs are paid; and t{) provide for the working of such persons so conyicted on the streets of the City or at any other'liork, and to proyide the compensation therefor to be applied on such fine and costs; but no fine shall exceed the sum of $500 and the costs of prosecution, nor shall any imprisomnent or t.erm at hard labor exceed 60 days. Page 1: [6] Comment [mwf7] franellm Page: 1 ARTICLE III - Elective Officers Section 1. Elective Officers. The elective officers of the City shall be: a Mayor, Recorder, six (6) ncil Members, five (5) Park Commissioners and a Municipal Judge. (Charter amendment 5-23-78) Page 1: [7] Comment [mwf8] franellm Page: 1 Article VIII, Section 2. Composition. 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. Page 2: [8] Comment [mwf9] franellm Page: 2 Article VIII, Section 7. Mayor's Function at Council Meetings. 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. Page 2: [9] Comment [mwf10] franellm Page: 2 Article VIII, 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 (l) 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. Page 2: [10] Comment [mwf11] franellm Page: 2 Article VIII, Section 3. Council Meetings 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. Page 2: [11] Comment [mwf12] franellm Page: 2 Article VIII, Section 3. Council Meetings 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. Page 2: [12] Comment [mwf14] franellm Page: 2 Article VIII, 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. Page 2: [13] Comment [mwf15] franellm Page: 2 L^,rticle VIII, Section 5. Iill1!.lli!l. The Council shall cause a record of its proceedings to be kept. Upon request of the Mayor or any of the COlHlCil members, the ayes and nays upon any question before it shall be taken and entered in the record. Page 2: [14] Comment [mwf17] franellm Page: 2 Article X, 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. Page 4: [15] Comment [mwf19] franellm Page: 4 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 biemrial general election after this Charter takes effect, three Council members shall be elected, each for a term of four (4) years. Page 4: [16] Comment [mwf20] franellm Page: 4 ARTICLE IV - Mayor Article IV, 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 biemrial general election held in 1972, and every fourth year thereafter, a Mayor shall be elected for a term offour (4) years. Page 4: [17] Comment [mwf21] franellm Page: 4 Article IV, 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 sign all orders and warrants on the Treasury for claims authorized by the Council. Page 4: [18] Comment [mwf22] Page: 4 franellm Article IV, 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. Page 4: [19] Comment [mwf23] franellm Page: 4 Article VII, 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 Regular 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. Special 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) days notice of each special election in the manner provided by the action of the Council ordering the election. Section 4. Regulation 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. Page 4: [20] Comment [mwf24] franellm Page: 4 Article VII, Section 6. Canvass of Returns. In all elections held in conjunction 'Nith State and County elections, the State la'Ns governing the filing of returns by the COlillty Clerk shall apply. In each special City election, the returns therefrom shall be filed with the Recorder on or before noon the day follo'Ning; and, not later than fi','e (5) days after the election, the Council shall meet and can','ass the returns. The results of all elections shall be entered in the record of the proceedings of the Council. The entry shall state the total number of ','otes cast at the election, the ','otes cast for each person, and for and against each proposition, the name of each person elected to office, the office t-o ",,,mch he/she has been elected, and a reference to each measure enacted or approved. Immediat-ely after the canvass is completed, the Recorder shall mak-e and sign a Certificat-e of Election of each person elected and deliver the Certificate t-o him/her Tliithin one (1) day after the canT/ass. A Certificate so made and deliT/ered shall be "prima facie" eT/idence of the truth of the statements contained in it. Page 4: [21] Comment [mwf25] franellm Page: 4 Article VII, 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. Page 4: [22] Comment [mwf27] franellm Page: 4 Article VII, 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) Page 6: [23] Comment [mwf31] Page: 6 franellm Article XIII, Section 1. Appointive 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) Page 6: [24] Comment [mwf32] Page: 6 franellm Article XIII, Section 3. Removal. The Mayor, with the consent of the Council, may suspend and remove any appointive officer at any time. Page 7: [25] Comment [mwf33] franellm Page: 7 ARTICLE VI A. - Judge Section 1. Term. At the biennial general election held in 1978, and every fourth year thereafter, a e shall be elected for a term of four (4) years. (Charter amendment 5-23-78) Page 7: [26] Comment [mwf36] franellm Page: 7 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. Page 7: [27] Comment [mwf37] franellm Page: 7 Article XV, 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 himlher 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. Page 7: [28] Comment [mwf38] Page: 7 franellm 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. Vacancy. 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 Tern who, while acting in that capacity, shall have all the authority and duties of the Recorder. Page 8: [29] Comment [mwf39] Page: 8 franellm Article XIII, Section 2. Oualifications, 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. Page 8: [30] Comment [mwf40] franellm Page: 8 L^,rticle XI, Section 2. Improyements. The procedure for making, altering, ','ocating or abandoning a public impro','ement shall be goyerned by general ordinance or to the extent not so goyerned, by applicable generallm','s of the State. Action on any proposed public improyement, except a sidev,'alk or except an impro','ement unanimously declared by the Council t-o be needed at once because of an emergency, shall be suspended for six months upon a remonstrance thereto by the ov,'ners of tv,'o thirds of the land t-o be specially assessed therefor. In this section, "o'?,'ner" shall mean the record holder of legal title or, '?,'hero the land is being purchased under a land sale contract recorded or ','erified t-o the Recorder in '?,'riting by the record holder of legal title to the land, the purchaser shall be deemed the "ov,'ner". Page 8: [31] Comment [mwf41] franellm Page: 8 L^,rticle IX, Section 3. Special Assessments. The COlHlCil shall ha','e the po'?,'er at regular or adjourned meeting to leyy such special benefit assessments for road, se'?,'er or other special impro','ements as they deem reasonable and t-o prescribe the time ',,,,hen such assessments shall be paid and t-o assess penalties thereon, not exceeding ten percent (10%) '?,'hen delinquent, '?,'hich assessments and penalties may be collected under the provisions of Article XII, Sections 1 and 2. Section 1. Reassessment. The Council shall have the power t-o enact an ordinance to correct any administrative error in the le','ying of any special benefit assessment and t-o cause a reassessment to be Hla:Ele:- Page 8: [32] Comment [mwf42] franellm Page: 8 Article XI, Section 3. Special Assessments. The procedure for the levying, collecting and enforcing the payment of special assessments for public impro','ements or other services to be charged against real property shall be as provided in Article XII, Sections 1 and 2 of this Charter. Page 8: [33] Comment [mwf43] Page: 8 franellm Article IX, 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. Page 8: [34] Comment [mwf44] franellm Page: 8 Article XVI, Section 3. Existing Ordinances, Acts, Proceedings. 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. Page 8: [35] Comment [mwf45] franellm Page: 8 Article XVI, Section 4. Repeal of Previously-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 l-C, amended 3-12-57, compiled herein as Article XIX, Section l-C Page 8: [36] Comment [mwf46] franellm Page: 8 Article XVI, 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. Page 8: [37] Comment [mwf47] Page: 8 franellm Article III, Section 3. Salaries. Any change in the amount of the present compensation received b, ive officers, except for the Recorder and Municipal Judge, shall be submitted to the vote of the people ever, the salary of the elected Recorder shall be in the amount being paid in 1974 and be adjusted starti the fiscal year 1974-75 in the same percentage as the average salary adjustments of the other supelVis loyees and department heads of the City of Ashland; further, the salary of the Municipal Judge will lly be the same as for the year 1978-79 and thereafter to be adjusted in the same percentage as the ave y adjustment of the other supelVisory employees and department heads of the City of Ashland. (Chart. lldment 5-23-78). Page 8: [38] Comment [mwf48] Page: 8 franellm Article III, Section 6. Interest in City Contracts. During the term of office, no elective officer shall ate any provision of the State of Oregon Code of Ethics as contained in ORS Chapter 244. (Amended b 11-8-94.) Page 8: [39] Comment [mwf49] franellm Page: 8 Mticle VIII, Section 6. Proceedin~s t{) be Public. No action by the Council shall ha','e legal effect unless the motion for the action and the yote thereon take place at proceedings open to the public. Page 8: [40] Comment [mwfSO] franellm Page: 8 Article IX, Section 2. LevI' of Taxes. The Council, by t,,','o thirds vote of the Council at any regular or adjourned meeting, shall haye the pOVier viithin the limits of the City of Ashland t{) annually ordain and leyy taxes on the taxable property of the City made ta'{able by lavi for County and State purposes, not t{) exceed fifteen mills on the dollar on the assessed ','aluation in any year for the expenses of the City; and also in such further amount as may be nccessary for the payment of interest or principal on any bonded indebtedncss no'''i existing or hereafter t{) exist against the City and for payment of any judgment or judgments obtaincd against the City. Section 2(b). Flood Damage Restmation Bonds. In addition t{) the indebtedncss othenyise authorized by law and by this Charter, the City Council of the City of Ashland shall have the power and authority t{) issue the general obligation bonds of the City in such amounts and ',','ith such maturity dat.es as the City Council shall, in its discretion, deem advisable in an aggregate amOlmt not t{) exceed Seven Hundred Fifty Thousand Dollars ($750,000.00) for the purpose offinancing the cost of repair and restoration in accord ',>;'ith current construction standards of the City's water, sewer, electrical and st{)rm se'''ier systems; City streets and bridges and viatershed roads and bridges; Lithia Park; the repair of riprap at the Ashland Airport; and the purchase of a dredge for the remo','al of present and continuous accumulations of silt in the City's viater resen'oir; and to further pro','ide that all state or federal funds receh'ed to assist L^,shland in repair of flood damage shall be used for that purpose or to pay principal and interest on these bonds and for no other purpose; and shall haye the povier and right t{) designate the manner and time of payment of said bonds and the interest thereon, provided that considering any discounts or premiums paid, the effecti','e rate of interest on such bonds shall not exceed that alloviable by the la'..is of the State of Oregon. The povier herein granted shall be exercised by the Council viithout submitting the question to a further vote of the electors and the bonds issued in pursuance t{) this Article shall not be subject t{) the limitation on bond or other indebt.edness elsewhere contained in the Charter of said City. Section 2(c). Hospital Improvement Bonds. In addition t{) the indebt.edness othenyise authorized by l11'..i and by this Charter, the City Council of the City of Ashland shall ha','e the pOVier and authority to issue the general obligation bonds of the City in such amounts and viith such maturity dates as the City COlHlCil shall, in its discretion, deem ad','isable in an aggregate amount not t{) exceed Three Hundred SiAiy Thousand Dollan; ($360,000.00) for the purpose of financing the design and construction of additions and improvements t{) the Ashland Conrmumty Hospital; and shall ha'/e the power and right t{) designattl the manner and time of payment of said bonds and the interest thereon, provided that considering any discounts or premiums paid, the effecti'/e rate of interest on such bonds shall not exceed that allO'.'iable by the la'l/s of the State of Oregon. The pov/er herein granted shall be exercised by the Council v/ithout submitting the question to a further '/ote of the elect{)fG and the bonds issued in pursuance to this L^,rticle shall not be subject t{) the limitation on bond or other indebtedncss elsev/here containcd in the Charter of said City. Section 6. ~. The Council, by a two thirds vote at any regular or adjourned meeting, shall issue bonds of the City for other purposes v/hen duly '/oted and required by a majority of the electors of said City; or in rebonding any bonded indebtedncss of the City when the same is due and payable and the City has not the funds on hand t{) pay the same, but in rebonding, bonds shall not be issued for a longer period or greater rate of interest than the bonds to be liquidated. All bonds issued hereafter shall be amended t{) this Article; that is, L^,rticle IX, Section 2, and at such time as they are retired shall be aut{)matically repealed. Section 7. Water System. The Council, by a two thirds vote of the COlHlCil at any regular or adjourned meeting, shall ha'/e the power within the limits of the City of Ashland t{) suppress, restrain, and prohibit any obstruction, pollution, di'/ersion, 'Nasttl, extravagant use of, wattlrs of Mill or Ashland Creek, either within or above the City limits. Page 8: [41] Comment [mwfS1] franellm Page: 8 L^,rticle XI, Section 1. Condemna:tion. Any nccessity of taking property for the City by condemna:tion shall be determincd by the Council and declared by resolution of the Council describing the property and stating the uses t{) 'Nhich it shall be devoted. The procedure for the condenmation shall be as ordained by the COlHlCil or pro'/ided by State lWl/. Page 8: [42] Comment [mwfS2] franellm Page: 8 L^,rticle XI, Section 1. ~. All jobs or contracts for constructing, repairing, ornamenting or improving any public place in this City or out of it, the ())\.1Jenses of 'l/hich arc to be paid out of the City Treasury, and the probable cost of v/hich v/ill exceed $500, shall be ad'/ertised in a newspaper Of'l/ide and general circulation published in the City of Ashland for ten days before the closing of the bids, and shall be done in accordance 'Nith the plans and specifications approved by the COlHlCil. The Council shall have the right t{) reject any or all bids v/ithout incurring any liability for such rejection. Page 8: [43] Comment [mwfS3] franellm Page: 8 ARTICLE XII Taxation: Powers and Duties of the Council Section 1. It shall be the duty of the Council iIillll€ldiattlly after the receipt of the certificattl of the County Clerk of the County Court of Jackson COlmty, Oregon, showing the aggregattl valuation of the assessable property in said City of Ashland, t{) meet, and by ordinance arnmally levy such taxes and assessments as permitttld in this Charter against the taxable property of the City of Ashland, and such special assessments and penalties as may be due and unpaid, and cause the same t{) be certified to the COlHlty Court, as provided in Section 2 of this Article. Section 2. The COlHlCil shall, inrmediately after such levy, notify the Clerk of the County Court, under the certificate of the City Recorder, of the rate percent of the taT{ le'/y made by the Council and all delinquent special benefit assessments and the penalties thereon, and it shall be the duty of such Clerk to compute the taT{es and extend the same by entering the aggregate taT{ in the appropriate columns on the tax roll, and such taxes, special assessments and penalties shall be collecttld by the same officer, in the same malHlCr and at the same time as taxes for County purposes arc collected, and the same shall be paid o'/er by the County Treasurer t{) the City Recorder as provided by la'N for the paying o'/er of city taxes. Section 3. County Road Tax. The territmy 'Nithin the limits of the City of Ashland as now existing and as may be hereafttlr extended is hereby excepted out of the jurisdiction of the County Court of Jackson COlHlty for licensing purposes and road purposes, and the City Council shall ha'/e full and exclusi'/e jurisdiction over the same. The inhabitants of the City shall be exempt from the payment of road taT{es and assessments of the property within the City for road 'Nork, except such taxes as may be le'/ied and assessed by the City Council, and all such taxes shall be placed in a separat-e fund and used for street purposes within the limits of the City and not othenvise. Page 8: [44] Comment [mwf54] Page: 8 franellm Article XIII, Section lA. Separate Police and Fire Departments. 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) Page 8: [45] Comment [mwf55] Page: 8 franellm Article XIII, Section 4. Interest in City 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. Page 8: [46] Comment [mwf56] franellm Page: 8 ARTICLE XIV Chief of Police: Powers and Duties Section 1. The Chief of Police shall be the consen'at-or of the peace 'l/ithin the limits of the City of L^.shland and, in addition to the authority yested in himlhcr by the City Council, he/she shall ha'/e the authority and jurisdiction of a constable, and shall qualify and discharge the duties of constable, in the same manner and t-o the same effect as required of constables under the statutes of this State. He/she shall, within the County of Jackson, arrest any and all persons guilty of any breach of the peace conunitt-ed in his/her presence, and take them before the judge of the City Court, or some Justice of the Peace for trial. He/she shall also haye the pov/er, under any 'l/arrant from the Judge, or any Justice of the Peace, t-o arrest any person in any part of the State of Oregon for any criminal offense or the '/iolation of any City ordinance and, in case the Council shall establish a police force for the City, he/she shall by '/irtuc of his/her office be Chief of such force. Section 2. The Chief of Police shall attend all meetings of the City COlHlCil, and perform the duties of the Sergeant at Arms of that body, wat-ch over, care for and presen'e all the City property and good morals of the City; and it shall be his/hcr duty, and the duty of any and all police officers, to see that all the laws and ordinances of the City, and the provisions of this Chart-er, are enforced, to file complaint with the City Judge against any persons violating any of the provisions of this Charter, or the laws or ordinances of the City; and a failure or neglect to faithfully perform any or all of such duties shall be cause for remo'/al from office by the City Council. Page 8: [47] Comment [mwf57] Page: 8 franellm Article XVI, 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. Page 8: [48] Comment [mwf58] franellm Page: 8 Mticle XVI, Section 2. Th.!.:m. The City's inrmunity or liability for torts shall be as determined by State 1m'.'. Page 8: [49] Comment [mwf59] franellm Page: 8 ARTICLE XVII Hospital Section 1. The City of Ashland is hereb-y authorized and empovlered t{) OVill, operate and conduct a municipal hospital vlithin the limits of said City of Ashland under the authority and direction of the COlHlCil. Section 2. The Council is hereby authorized to issue and sell, in manner and form as in its judgment it may deem best, general obligation bonds of said City in a sum not to exceed $350,000.00 for the purpose of pro'iiding funds vlith ',,"hich t{) purchase real property for a hospital, construct a building or buildings t{) be used for hospital purposes, and equip and furnish said hospital in and for said City. Said bonds shall bear the date established by the Council, be serial in charact.er, callable at any interest payment date in whole or in part on or aft.er five (5) years from the date thereof aft.er notice as provided by law, be retired by the said City in a period of not to exceed tVlenty the (25) years, be in denomination of $1,000.00 each, be signed by the Mayor and countersigned by the Recorder under the corporate seal of said City, haye semi ammal interest coupons bearing the facsimile signatures of the Mayor and Recorder attached theret{), by the terms thereof pledge the full faith and credit of the said City for their repayment, and hold and promise to pay t{) the bearer of each of said bonds at maturity thereof, the sum therein named in legal tender of the United States of America, vlith interest thereon in like legal tender, at the office of the City Recorder in said City or at such other office as the Council may, in its judgment, determine, ,..lmch bonds shall be knovill as "Hospital Bonds". The particular form of said bonds, the maturities thereof, the rate of interest thereon, and such other details of their issuance and sale as are not herein mentioned shall be determined by the Council in the exercise of its best judgment in order to carry out the intention hereof. That it shall be the duty of the Council to attend to the proper application of the funds derived from the sale of said bonds and the purchaser or purchasers thereof shall in no eyent be responsible or charged vlith the proper application of the funds deri'ied from the sale thereof. That the Council is hereby authorized and empo',,"ered each year at the time of making the arumal tax leyy for City purposes t{) include in such leyy a sufficient amount t{) meet the payment of principal and interest on said Hospital Bonds as same shall be come due, and this authority shall be in addition t{) all Charter and Oregon Constitution debt limitation. Page 8: [50] Comment [mwf60] franellm Page: 8 ARTICLE XVIII Cemeteries Trust Fuod Section 1. The Council is hereby authorized and empowered each year, at the time of making the annualle'iY for City purposes, t{) include in such leyy a sum equal t{) but not to exceed one mill on each dollar of assessed 'ialuation of property ',,"ithin the City, ,..lmch sum shall be used for the purpose of maintenance and upkeep of cemeteries held by, or under control of the City of Ashland. Such leyy shall not be ',,"itmn the limitation of ta'{ation proyided by lavl. Pro'iided further that each year from the proceeds of such levy the Council shall set aside in a permanent trust fund the sum of $500.00, the income from 'Nmch shall be used t{) carry out the purposes mentioned herein. When such trust fund shall have accumulated to such an extent as t{) provide sufficient income for the purposes for 'Nmch same 'Nas created, then no further tax levy shall be made thereaft.er. Section 2. The Council is hereby gi'ien authority to receiye control, for and on behalf of the City of Ashland, or any priyatcly operated or oVlned cemetery vlitmn the said City for the purpose of proyiding proper upkeep and maint-enance of any such cemet-ery, said Council t-o receive such control only upon conditions as to it may seem for the best interests of the City. Section 3. The Council is hereby authorized to create such funds as, in its discretion, may be necessary for the purpose of keeping and maintaining in proper condition the cemeteries 'liithin or adjacent t-o the City of Ashland, and under the jurisdiction of said Council, and is further authorized from any monies received from sale of cemetery lots, to specifically create a trust fund for the perpetual upkeep of the lots so sold, and is further authorized to contract viith the purchasers of any lots so sold, on behalf of the City of Ashland, for the perpetual upkeep of said lots on such terms and conditions as said COlHlCil may deem best for the prot-ection of said City. Section 1. The Council is hereby authorized to accept any bequests or donations for the purposes mentioned herein on behalf of the said City, which donations or bequests shall become a part of said permanent trust fund, unless specified otherwise 'Noon any such bequests or donations are given. Page 8: [51] Comment [mwf61] franellm Page: 8 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 I-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 comer 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 comer of 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. Funding. 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 othelWise, 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. Salary: 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 instruments by which said City obtained title thereto; which said instruments shall be considered as carrying a more specific description of said lands. Page 8: [52] Comment [mwf62] Page: 8 franellm 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 Open Space 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). Page 8: [53] Comment [mwf63] Page: 8 ARTICLE x,~ Municipal Airport franellm Section 1. ~. The City of Ashland is hereby gi','en the pOVler and authority t{) acquire, OVill, conduct and operate a municipal airport either '.."ithin or outside the limits of the City of Ashland, under the authority and direction of the Council. Page 8: [54] Comment [mwf64] Page: 8 ARTICLE X,~I City Band franellm Section 1. At the time of making the tax levy for gencral City purposes each year, the Council shall cause a careful estimate to be made of the moncy required for the purpose of a City Band for the ensuing year, such estimate shall be presented and considered vlith the other items in the amlUal budget and there shall be included in the gencrallevy for the ensuing year not t{) exceed six tenths (.6) mills on the dollar for such band requirements, vlmch fund, ',,"hen collected, shall be deposited vlith the City Recorder, subject t{) the order of the Council. Page 8: [55] Comment [mwf65] Page: 8 franellm 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.