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HomeMy WebLinkAbout2006-0209 Special Meeting Packet CITY OF ASHLAND Imp.ortant: Any citizen attending council meetings may speak on any item on the agenda, unless it is the subj~ct of a public hearin,l;J. which ~as been91psed. The Public Forum is the time to speak on any subject not on the printed agenda. If you wish to speak, please fill otitthe Speaker Request form located near the entrance to the Council Chambers. The chair will recognize you and inform you as bl the amount of time allotted to you. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to be heard, and the length of the agenda. AGENDA FOR THE SPECIAL MEETING ASHLAND CITY COUNCIL February 9, 2006 Civic Center Council Chambers 1175 E. Main Street 5:15 p.m. Special Meeting I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. PUBLIC HEARINGS (Testimony limited to 5 minutes per speaker, unless it is the subject of a Land Use Appeal. All hearings must conclude by 9:00 p.m., be continued to a subsequent meeting, or be extended to 9:30 p.m. by a two-thirds vote of council {AMC ~2.04.040}) None. V. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. Speakers are limited to 5 minutes or less, depending on the number of individuals wishing to speak.) [15 minutes maximum] VI. UNFINISHED BUSINESS None. VII. NEW AND MISCELLANEOUS BUSINESS 1. Discussion of Draft Charter and Draft City Manager [1.5 hours] VIII. ORDINANCES. RESOLUTIONS AND CONTRACTS None. IX. OTHER BUSINESS FROM COUNCIL MEMBERSIREPORTS FROM COUNCIL LIAISONS X. ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735- 2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting' (28 CFR 35.102-35.104 ADA Title I). ('ot N( 'II. i'v1H.IIN(iS ARI. I{RO,\[)C;\S 111\'1. ON ('I L\NNI'1. l) VISII rHF ('ITY OF :\SIII.AN\)'S \\'113 SII F.\ I \\'WW.:\SlIl :\ND.OR.LS CITY OF ASHLi\ND Council Communication/Special Meeting Discussion of Draft Charter and Draft City Manager Meeting Date: February 9, 2006 Department: Administratio~ Contributing Departments: (~ Approval: Estimated Time 1.5 hours y. . Primary Staff Contact: Ann Seltzer if ann@ashland.or.us . Secondary Staff Contact: Mike Franell / franellm@ashland.or.us and Gino Gri$. arimaldia@ashland.or.us I. Statement: At the council meeting on December 1, 2005 the council reviewed three possible options on moving forward with the Charter Review Committee recommendations. Council directed staff to have charter consultant Tom Sponsler draft two documents: an Ashland model charter which contains all of the recommendations brought forward by the Chart(~ Review committee, with the exception of recommendations #1 shifting from a city administrator to a city manager working in partnership with the Mayor, #2 Mayor votes and veto power is eliminated and #4 at large election and a second document addressing recommendation #1 which could eventually be presented to voters as a separate ballot measure. In addition, council wanted to consult with Sponsler about the committee's recommendation to study the issues of the city recorder and the committee's recommendation to study the issues ofthe municipal judge. Council asked City Attorney Mike Franell to work with the consultant to draft language regarding council salaries. Support was voiced for addressing the ethics issue and to consult with Sponsler regarding the inclusion of such language in the charter. Council also indicated that it would address the water provision. Background: A review of the city charter was a 2004-05 council goal. A charter review committee was appointed during the summer of 2004 and presented its final report to the Council on July 19, 2005. Suggested Next Steps for Council Review draft language and determine if the documents are ready to be prepared as ballot titles by Sponsler. . Schedule a special meeting for council to review the ballot language and to provide an opportunity for the public to comment. A special meeting allows the council and the public to focus on the charter without the time constraints that can occur at a regular meeting. 1 . Forward the ballot title to Jackson County for inclusion in an upcoming election. Council Options: · Request Sponsler to prepare the draft charter and City Manager Amendment in ballot language for review by coUncil at a future special meeting. . Do nothing. Staff Recommendation: Discuss the draft city charter and the draft city manager amendment. Determine whether or not to move each document forward and request Sponsler to draft each document in ballot language. Attachments: · Draft Ashland City Charter · Draft City Manager Amendment . Existing water provision language in question (Article XVI) and draft alternative language prepared by City Attorney, Mike Franel!. CRC final report Appendix X, page 43. . Final CRC report which includes committee recommendations and the chart prepared of outdated and superfluous language included in CRC final report. . Current City Charter 2 DRAFT NEW CITY CHARTER Thomas Sponsler February 9, 2006 CITY OF ASHLAND CITY CHARTER PREAMBLE We, the voters of Ashland, Oregon exercise our power to the fullest extent possible under the Oregon Constitution and laws of the state, and enact this Home Rule Charter. Chapter I NAMES AND BOUNDARIES Section 1. Title. This charter may be referred to as the 2006 Ashland City Charter. Section 2. Name~ The City of Ashland, Oregon, continues as a municipal corporation with the name City of Ashland. Section 3. Boundaries. The city includes all territory within its boundaries as they now exist or are legally modified. The city will maintain as a public record an accurate ;and current description of the boundaries. Chapter II 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 grant or allow the city, as fully as though this charter specifically enumerated each of those powers. Section 5. Construction. The charter will be liberally construed so that the city may exercise fully all powers possible under this charter and under United States and Oregon law. Section 6. Distribution. The Oregon Constitution reserves initiative and referendum powers as to all municipal legislation to city voters. This charter vests all other city powers in the council except as the charter otherwise provides. The council has legislative, administrative and quasi- judicial authority. The council exercises legislative authority by ordinance, administrative authority by resolution, and quasi-judicial authority by order. The council may not delegate its authority ,to adopt ordinances. Based on 2004 LOC Model Charter Bold provisions are based on current Ashland Charter Italic & bold provisions change with city manager 1 DRAFT NEW CITY CHARTER Thomas Sponsler February 9, 2006 Chapter III COUNCIL Section 7. Council. The council consists of a mayor and six councilors nominated and elected from the city at large by position. Section 8. Mavor. (a) The mayor presides over and facilitates council meetings, preserves order, enforces council rules, and determines the order of business under council rules. (b) The mayor has no vote on council matters unless there is a tie vote. The mayor has veto authority over council legislative and administrative decisions. (c) With the consent of council, the mayor appoints members of commissions and committees established by ordinance or resolution. (d) The mayor must sign all records of council decisions. (e) The mayor serves as the political head and chief executive officer of the city government (f) The mayor must: (1) Appoint, supervise and remove city department heads with the consent of the councilors; (2) Deliver an annual state of the city report to the council and public; (3j-PP~.sg.pt" J11'6f19SslllJ,,,ulld QiIy I1I1t/get HI tile sHy h"dgd c6...".I"ee u~aeil;] (4) Encourage and support regional and intergovernmental cooperation; (5) Promote cooperation among the council, staff and citizens; and (6) Perform other duties as assigned by the council. 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 duties. Section 10. Rules. The council must adopt by resolution rules to govern its meetings. Section 11. Meetings. 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 rules. Section 12. Quorum. The mayor and three councilors or four councilors [A majority of the council members] is a quorum to conduct business, but a smaller number may meet and compel attendance of absent members as prescribed by council rules. Based on 2004 LOC Model Charter Bold provisions are based on current Ashland Charter Italic & bold provisions change with city manager 2 DRAFT NEW CITY CHARTER Thomas Sponsler February 9,2006 Section 13. Vote Required. The express approval of a majority of a quorum of the: council is necessary for any council decision, except when this charter requires approval by greater number [a majority] of the council. Section 14. Record. A record of council meetings must be kept in a manner prescrilbed by the council rules. Chapter IV LEGISLATIVE AUTHORITY Section 15. Ordinances. The council will exercise its legislative authority by adopting ordinances. The enacting clause for all ordinances must state "The City of Ashland ordains as follows:" Section 16. Ordinance Adoption. (a) Except as authorized by subsection (b), adoption of an ordinance requires approval by a majority of a quorum of the council at two meetings. (b) The council may adopt an ordinance at a single meeting by the unanimous approval of the councilors present, provided the proposed ordinance is available in writing to the public at least one week before the meeting. (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 recorder of records must endorse it with the date of adoption and the recorder's name and title. The recorder must submit the ordinance to the mayor for approval. If the mayor approves the ordinance, the mayor must sign :and date it. (f) If the mayor vetoes the ordinance, the mayor must return it to the recorder with written reasons for his veto within five days of receipt of the ordinance. If the ordinance is not so returned, it takes effect as if approved. (g) At the first council meeting after veto by the mayor, the councilors will consider the reasons of the mayor and again vote on the ordinance. If four councilors vote to adopt the ordinance, it will take effect. Based on 2004 LOC Model Charter Bold provisions are based on current Ashland Charter Italic & bold provisions change with city manager 3 DRAFT NEW CITY CHARTER Thomas Sponsler February 9, 2006 Section 17. Effective Date of Ordinances. Ordinances normally take effect on the 30th day after adoption and approval by the mayor, or adoption after veto by the mayor, or on a later day provided in the ordinance. An ordinance adopted may take effect as soon as adopted, or other date less than 30 days after adoption if it contains an emergency clause. Chapter V COUNCIL ADMINISTRATIVE AUTHORITY Section 18. Resolutions. The council will normally exercise its administrative authority by approving resolutions. The approving clause for resolutions may state "The City of Ashland resolves as follows:" Section 19. Resolution Approval. (a) Adoption of a resolution or any other council administrative decision requires approval by the council at one meeting. (b) Any substantive amendment to a resolution must be read aloud or made availabl(~ 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 ffil~mber must be entered into the council minutes. (d) After approval of a resolution, the recorder must endorse it with the date of approval and the recorder's name and title. The recorder must 5ubmit the resolution to the mayor for approval. If the mayor approves the resolution, the mayor must sign and date it. (e) If the mayor vetoes the resolution, the mayor must return it to the recorder with written reasons for the veto within five days of receipt of the resolution. If the rlesolution is not returned, it takes effect as if approved. (f) At the first council meeting after veto by the mayor, the councilors will consider the reasons of the mayor and again vote on the resolution. If four councilors vote to adopt the resolution, it will take effect. Section 20. Effective Date of Resolutions. Resolutions and other administrative decisions take effect on the date [of approval] signed by the mayor, or on a later day provided in the resolution. Based on 2004 LOC Model Charter Bold provisions are based on current Ashland Charter Italic & bold provisions change with city manager 4 DRAFT NEW CITY CHARTER Thomas Sponsler February 9,2006 Chapter VI QUASI-JUDICIAL AUTHORITY 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 Ashland orders as follows:" Section 22. Order Approval. (a) Approval of an order or any other council quasi-judicial decision requires approval by the council at one meeting. (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 ealch member must be entered in the .counci1 minutes. (d) After approval of an order, the recorder must endorse it with the date of approval and the recorder's name and title. Section 23. Effective Date of Orders. Orders and other quasi-judicial decisions take e:ffect on the date of fmal approval, or on a later day provided in the order or by ordinance. Chapter VII ELECTIONS Section 24. Councilors. At each general election after the adoption of this charter, three councilors will be elected for four-year terms by position. The terms of councilors in office when this charter is adopted are the terms for which they were elected. Section 25. Mavor. At every other general election after the adoption of this charter, a mayor will be elected for a four-year term. The term of the mayor in office when this charte:r is adopted is the term for which the mayor was elected. Section 26. State Law. City elections must conform to state law except as this charter or ordinances provide otherwise. All elections for city offices must be nonpartisan. Section 27. Qualifications. (a)To hold a city el~,,:':~ "= ::; qualified elector under state law, and reSIde wIthm the CIty . t u r 1 d ] fore electIon or appomtme:nt to office. Based on 2004 LOC Model Charter &.It::f-~ . 5 Bold provisions are based on current Ashland Charter Italic & bold provisions change with city manager DRAFT NEW CITY CHARTER Thomas Sponsler February 9,2006 (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. (d) The council is the final judge of the election and qualifications of its members. Section 28. Nominations. (a) An eligible elector may become a candidate for an elective city position by filing a nomination petition or a declaration of candidacy on a form prescribed by the se4~retary of state and available from the city recorder. (10 ~~~:.,. ~tf\~ (b) ~:~: or ....did.<y musl be accompanIed by 111< l:Jl. foo ..t~~ ~ftalld:lI(.56Iatlftlt. ~ (!...(M,~~ - * IS $ J (!)\mJ1\... (c) A nomination petition must contain signatures of not fewer than 25 city-qualilfied electors as follows: (1) No elector may si than one petition for each office. If more than one is signed, the' ure is valid only on t valid petition fIled. (2 signatures need not attached to one paper, c separate p~lper of the petition must be att to an affidavit of the ci or showing the numbel~ and stating t ach signature is the ge signature of the perso (3) E 19nature must have ne t the signer's residenc Its street and number II. .'J or other description. .. 1'(\,.1111 ~ < (4) The city rec r must certify the s' ures in the nomination p-e . . n for Ul~ll& ~ ~ " ... ~ genuine y comparing the the other required infor on with the elector (}.F ~ '- reg' ration cards on fIle WI the coun lerk. ~. (5) Mter the ion is fIled with t ecorder, the recor must verify the sigmrtUres, or ' a~d a to the petition a lcate stating the er of signatu~ed L- genUl e. ""'" (d) The council must prescribe by ordinance other procedures for the nomination and election of persons for city elective positions. ~~ \ ~ I ~ Section 29. Terms. The term of an officer elected at a general election begins at the fin:t 9Eltlfteil ~- nlcding uf tfie yea. i~diately l'Ifter ~ p.]~ciWn, and continues until the successor qualifies and assumes the office. Section 30. Oath. To hold a city elective position each person must swear or affirm to faithfully perform the duties of the office and support the constitutions and laws of the United States and Oregon. ~ Ph A. 1M 2n I'll JtL.. (I J...~..e.r- 1. ~ L. . .- - -'J .....-..-,---er ~ '1 .. . tU~.s . '. tM.n1e& Section 31. Vacancies: A city elective position becomes vacant: (a) Upon the incumbent's: Based on 2004 LOC Model Charter Bold provisions are based on current Ashland Charter Italic & bold provisions change with city manager 6 DRAFT NEW CITY CHARTER Thomas Sponsler February 9,2006 (l) Death, (2) Adjudicated incompetence, or (3) Recall from the office. (b) Upon declaration by the council after the incumbent's: (l) Failure to qualify for the office within 10 days ofthe 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 60-day period, (3) Ceasing to reside in the city, (4) Ceasing to be a qualified elector under state law, (5) [Conviction of a public offense punishable by loss of liberty] Disorderly Iwnduct or inattention to duties of office. No incumbent may be expelled without notice, a hearing and a decision by at least four councilors, or (6) Resignation from the office. Section 32. Filling Vacancies. A vacant city elective position will be filled by appointment by a majority of the remaining councilors. 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 councilor from attending council meetings, the council may appoint a councilor pro tern. ,,~ .J '* 7: ~ tnA- Ceu.1/"f) ~ ... '1t~ v.,:1e.s... . Chapter VIII "~'A~ OTHER ELECTIVE OFFICERS ~9fi~. Ci ~ecorder \)~~~ (a) The office of city recorder is established as the council clerk, city custodian of reco~s ~-I and city elections official. 't"~ rpl'nrrlpr lIIud a"~n.d AH counCll meenngs unless excused by tke 11I.&)'81' 81' tulliiCil. The recorder must make payments of all city funds apprl[)priated by the council, and m ,~diC=u:ng records. ) (b) ~ each eneral election after the ado~ls charter, a recorder will bf: elected for a four-year term. The term of the recorder in office when this charter is adopted is the term for which the recorder was elected. (c) When the recorder is temporarily disabled from acting as recorder or when the office becomes vacant, the council must appoint a recorder pro tem. The recorder pro tem has the authority and duties of recorder. ction 34. Munici al Court and Jud e. Based on 2004 LOC Model Charter Bold provisions are based on current Ashland Charter Italic & bold provisions change with city manager 7 DRAFT NEW CITY CHARTER Thomas Sponsler February 9,2006 (a) The office of municipal judge is established. The municipal judge will hold court in the city at such place as the council directs. The court will be known as the Municipal Court. The municipal jUdg~ admitted to practice in the Supreme Court of Oregon. f). _ , ~ ~ ~~(~~~~~) (b) At eaeIt general election after the adoption of this charter, a municipal judge will be elected for a four-year term. The term of the municipal judge in office when thi!i charter is adopted is the term for which the judge was elected. (c) All proceedings of this court will conform to state laws governing justices of the peace and justice courts. (c) All areas within the city and areas outside the city as permitted by state law an~ within the territorial jurisdiction of the court. (d) The municipal court has jurisdiction over every offense created by city ordinanc{~. 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. (e) The municipal judge may: (I) 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; (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 ordinance. (f) The council may appoint and may remove municipal judges pro tern. (g) The council may transfer some or all ofthe functions ofthe municipal court to an appropriate state court. Chapter IX APPOINTIVE OFFICERS Section 36. City Attorney. The office of city attorney is established as the chief legal officer of the city government. [A majority of the council] The mayor with the consent ofthl! councilors must appoint and may remove the attorney. The attorney must appoint and supervise, and may remove any legal office employees. Based on 2004 LOC Model Charter Bold provisions are based on current Ashland Charter Italic & bold provisions change with city manager 8 DRAFT NEW CITY CHARTER Thomas Sponsler February 9,2006 Chapter X PERSONNEL Section 37. Compensation. The council must authorize the compensation of city officers and employees as part of its approval of the annual city budget. The council may authorize by ordinance compensation for the mayor and councilors. Any such ordinance maLY not take effect before January 1 of the year after a council election. Section 38. Merit Systems. The council by resolution will determine the rules governing recruitment, selection, promotion, transfer, demotion, suspension, layoff, and dismissal of city employees based on merit and fitness. Chapter Xl PUBLIC IMPROVEMENTS Section 39 Procedure. The council may provide by ordinance for procedures governing the making, altering, vacating, or abandoning of a public improvement. 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 necessary to suspend the action will be determined by ordinance. Section 40. Special Assessments. The prqcedure for levying, collecting and enforcing special assessments for public improvements or other services charged against real proP(~rty will be governed by ordinance. Chapter XII MISCELLANEOUS PROVISIONS Section 41. Hospital The council has authority to own, operate and conduct fl municipal hospital. Section 42. Cemeteries The council has authority to finance the maintenance :Ilnd upkeep of public and private cemeteries within the city. Section 43. Park & Recreation Commission Based on 2004 LOC Model Charter Bold provisions are based on current Ashland Charter Italic & bold provisions change with city manager 9 DRAFT NEW CITY CHARTER Thomas Sponsler February 9, 2006 (a) A park & recreation commission is created with five members nominated and elected from the city at large by position. At the first general election after the adoption of this charter and every four years thereafter, three commissioners will be elected for four-year terms by position. At the second general election after adoption of this charter and every four years thereafter, two commissioners will be elected for four-year terms by position. The terms of commissioners in office when this charter is adopted are the terms for which they were elected. (b) The park & recreation commission has authority over the management of all city lands dedicated for park purposes and all other lands acquired by the city for such purposes. The commission has control and management of all park funds, whether from taxation, donation or otherwise, and must expend them judiciously for beautifying and :improving City parks. The city has a city band and the commission has authority to lfinance its operations. The park & recreation commission will carry out its functions and duties in accordance with city ordinances. (c) The commission administers the city open space park program. The commission makes recommendations to the city councll concerning land and easement acquiisitions for the program. After such acquisition, the commission will administer, develop aUld operate such land. The city council may not use condemnation power to acquire fee simple ownership of any land for open space purposes. Funds dedicated to the open space program may only be used for open space purposes as determined jointly by the commission and the city council. Section 44. Airport The council has authority to acquire, own, conduct and operate a municipal airport either within or outside city boundaries. Section 45. Charter Review At least every 10 years beginning in 2015 the c:ouncil will appoint a charter review committee of not less than nine members. The committee will review the city charter and any issues relating thereto. It will report to the council and the public its findings, conclusions and recommendations, including any proposed amendments to the city charter. Section 46. Debt. City indebtedness may not exceed debt limits imposed by state law. A charter amendment is not required to authorize city indebtedness. Section 47. Ordinance Continuation. All ordinances consistent with this charter in fl:>rce when it takes effect remain in effect until amended or repealed. Section 48. Repeal. All charter provisions adopted before this charter takes effect ar,e repealed. Section 49. Severability. The terms of this charter are severable. If any provision is held invalid by a court, the invalidity does not affect any other part of the charter. Section 50. Time of Effect. This charter takes effect Julv 1.2007. Based on 2004 LOC Model Charter Bold provisions are based on current Ashland Charter Italic & bold provisions change with city manager 10 DRAFT NEW CHARTER CITY MANAGER Thomas Sponsler February 9, 2006 CITY OF ASHLAND CITY CHARTER CITY MANAGER AMENDMENT The 2006 Ashland City Charter is amended by changing sections 8 and 31, and adding a new section 35 to read as follows: Section 8. Mayor. (a) The mayor presides over and facilitates council meetings, preserves order, e:nforces council rules, and determines the order of business under council rules. (b) The mayor has no vote on council matters unless there is a tie vote. The mayor has veto authority over council legislative and administrative decisions. (c) With the consent of council, the mayor appoints members of commissions and committees established by ordinance or resolution. (d) The mayor must sign all records of council decisions. (e) The mayor serves as the political head [and chief executive officer) of the city government. [(f) The mayor must: (1) Appoint, supervise and remove city department heads with the consent of the councilors; (2) Deliver an annual state of the city report to the council and public; (3) Present a proposed annual city budget to the city budget committee and council; (4) Encourage and support regional and intergovernmental cooperation; (5) Promote cooperation among the council, staff and citizens; and (6) Perform other duties as assigned by the council.] Section 31. Vacancies: A city elective position becomes vacant: (a) Upon the incumbent's: (1) Death, (2) Adjudicated incompetence, or (3) Recall from the office. (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, Based on 2004 LOC Model Charter Bold words are added to the Draft Ashland Charter [Bracketed and italics words are deletedfrom the Draft Ashland Charter) 1 DRAFT NEW CHARTER CITY MANAGER Thomas Sponsler February 9,2006 (2) Absence from the city for 30 days without council consent, or from all council meetings within a 60-day period, (3) Ceasing to reside in the city; (4) Ceasing to be a qualified elector under state law, (5) Disorderly conduct or inattention to duties of office. No incumbent may be expelled without notice, a hearing and a decision by at least four councilors, (6) Resignation from the office, or (7) Removal under Section 35(i). Section 35. City Mana2er. (a) The office of city manager is established as the chief administrative officer of the city government. 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. (b) A majority of the council must appoint and may remove the manag4~r. The appointment must be made without regard to political considerations and solely based on education and experience with local government management. (c) 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. (d) 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; (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 community; (10) Perform other duties as directed by the council; (11) Delegate duties, but remain responsible for acts of all subordinates. (t) The manager has no authority over the mayor or council or over the judicial functions of the municipal judge. Based on 2004 LOC Model Charter 2 Bold words are added to the Draft Ashland Charter [Bracketed and italics words are deleted from the Draft Ashland Charter] DRAFT NEW CHARTER CITY MANAGER Thomas Sponsler February 9,2006 (g) The manager and other employees designated by the council may sit at lwuncil 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 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) Neither the mayor nor a councilor may attempt directly or indirectly coerce the manager or a candidate for the office of manager in the appointment or removal of any city employee, or in administrative decisions. Violation of this prohibition is grounds for removal from office by four councilors after a public hearilllg. In council meetings, the mayor and councilors may discuss or suggest any topic with the manager relating to city business. Based on 2004 LOC Model Charter Bold words are added to the Draft Ashland Charter {Bracketed and italics words are deletedfrom the Draft Ashland Charter] 3 Charter Article XVI, Section 1 Water 6/29/05 Existing Language Section 1. Public Utilities - W ater 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. Alternative #1 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, water works and water rights now owned or which may hereafter be acquired by said City for the purpose of supplying with water, the inhabitants thereof, or any business or corporation located within the City for their business purposes which shall not include the resale of water as a principal commodity, shall be never rented, sold or otherwise disposed of; nor shall the City ever grant any fran(1hise to any person or corporation for the purpose of selling water as a principal commodity or for the purpose of supplying the inhabitants or businesses of said City with water. Alternative #2 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 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 be never 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. ASHLAND CHARTER REVIEW COMMITTEE Final Report & Recommendations July 1,2005 Introduction and Backe:round: The Ashland City council initiated a charter review process in May 2004 with the: authorization of a 10-member ad hoc citizen Charter Review Committee. The newly constituted committee was directed to conduct an independent assessment of the lexisting charter (last reviewed in 1978) and, if necessary, to draft a new or amended document suitable to "serve the community well into the future." Appointed by Mayor Alan DeBoer, the committee began work in July 2004. Our ranks included co-chairs John Enders and Carole Wheeldon, and members Hal Cloer, Kate Culbertson, Laurie MacGraw, Pam Marsh, Don Montgomery, Keith Massie, and Michael Riedeman.1 The committee quickly realized that the task at hand would require more than a cursory review, and we agreed to undertake a systematic and comprehensive analysis of the charter. After a year of study, we are now forwarding our findings to the City council. In order to be enacted, charter revisions will need to be placed on the ballot by the council and approved by voters in a citywide election. Our work was ably staffed by Ann Seltzer, who fielded a tremendous number of requests from committee members and interested residents. City Attorney Mike Franell and Assistant Attorney Mike Reeder provided legal guidance, and Nancy Slocum and April Lucas provided us with minutes. In addition, the city engaged the services of Tom Sponsler, a consultant with expertise in charter reviews and revisions and the author of the Oregon Model Charter, who was contracted to assist the committee. This report summarizes our recommendations and work schedule over the past year. (See Appendix 1: Council Approved Documents Establishing the Charter Review Committee) Public Input Process From the beginning the committee understood that public involvement and testimony were critical to our mission, and we attempted to include the community beyondl the requirements of the law. Throughout our deliberations the committee adhered to the Oregon Public Meetings laws, and, whenever possible, meetings were broadcast live on I Unfortunately, our tenth member, Roy Bashaw, resigned in December 2004. 1 RVTV (later available as streaming video on the city's website). We scheduled a public input session into each meeting agenda, and we planned a series of public forums and other outreach efforts to solicit comment. These efforts included: -/' Committee interviews with current and former elected and appointed officials. -/' Presentations to the Lions Club, Rotary, Chamber of Commerce, Green Party, and League of Women Voters. -/' Creation of an information brochure for distribution at public events -/' Articles in City Source. -/' Development of an employee survey designed to solicit input from city staff -/' Solicitation of extensive coverage in the Daily Tidings and, to a lesser extl~nt, the Medford Mail Tribune. -/' Submission ofletters to the editor and op-ed articles explaining the charter process. -/' Development of research documents (white papers and, later, topic papers) that investigated specific issues. -/' Utilization of the city of Ashland web site. All committee documents have been posted on the web in order to maximize public access and encourage input. -/' Use of a Charter listserv to disseminate information and discussion. -/' Appearances on RVTV. In addition to the regular broadcast of our meetings, committee members participated in two interview shows focused on charter reVIew. -/' Establishment of a public outreach subcommittee to plan and coordinate efforts. Public forums included: -/' A January 20th meeting at the SOU Rogue River Room attended by approximately 75 community members. This meeting was structured with small breakout groups in order to provide and overview of charter review and to gather initial public comment. -/' An April 7th meeting, also at SOU, focused on structure of government attended by approximately 30 people. Roundtable discussions invited residents to discuss the qualities/elements that enable government to provide good public senrice. -/' Issue forums. In addition, we scheduled a public input session on each specific issue prior to committee debate. Despite our best efforts, the committee was disappointed with the overall level of citizen participation. We realize, however, that the City council has an opportunity to glenerate significant public input during your review of our recommendations. A later section of this report ("Next Steps) suggests possible courses of action. (See Appendix II: Public Information Materials) 2 Structure of Recommendations Preliminary study and expert testimony enabled the committee to sort potential charter revisions into three areas of concern: I) outdated charter language usurped by state law; 2) charter provisions that could be better legislated in the form of city ordinances; and, 3) structural and political provisions that seemed to warrant evaluation. Analyses produced by former city attorney Paul Nolte and by committee consultant Tom Sponsler highlighted significant sections of the charter containing outdated or extraneous language. After extensive discussion, the committee decided to adopt the Oregon Model Charter (developed by the League of Cities) as a template for the revised Ashland city charter. Our intent was to produce a document that clearly identifies the authority and accountability oflocal government and that reflects current state law. At the same time, the new streamlined charter would need to reflect the specific history and character that defines the Ashland community. Eliminating outdated language was easy; tackling sensitive political questions posed a much bigger challenge. As a result, the committee agreed to spend most of our time focused on a few key issues critical to the conduct oflocal government: v" The mayor-manager/administrator relationship v" Mayoral veto/ability to vote on council issues v" Appointment of city commissions/committees v" Election of city council by positions v" Election ofthe city recorder v" Election of the municipal judge v" Election/powers of the Parks Commission and related issues re: the organization of the Parks Department v" City Band Later in our discussions we identified two additional issues that seemed to warrant investigation: 1) council salaries; and, 2) periodic charter review. Kev Recommendations 1. The City of Ashland should be governed by a partnership between tbe elected mayor (the political leader), a city manager (the administrative leader), and the council (the legislative body). Elected officials are charged with responsibility for developing policy; the city manager should implement that policy. The manager's administrative powers should be expanded to include staff supervision (hiring, firing, and general accountability). Background: Article 4, Section 2 of the existing charter stipulates that the elected mayor is the "executive officer ofthe municipal corporation." Article 13 further delineates the mayor's powers, noting that s/he may "suspend and remove any appointive 3 officer at any time." In effect, the charter empowers the mayor to assume a range: of administrative powers; in theory, the city administrator is responsible for implementing policy, but his/her managerial authority can be overshadowed by the mayor's broadly defined powers. Discussion: Proponents of the existing language argue: 1) that the mayor's position as an elected official should empower him/her to serve as a hands-on administrator; and, 2) that designation of a city manager could concentrate too much power in the hands of 1m appointed official. Conversely, critics of the current system believe: 1) that the size and complexity of city issues require professional management; and, 2) that policy is best created and implemented via a respectful partnership forged between elected and appointed officials. Outcome: Understanding and analyzing the appropriate roles and responsibiliti<:::s that should be assumed by elected and appointive officials consumed months of the committee's efforts and generated significant interest from elected and appointed officials (current and retired) and from members of the public. In the end, the committee approved this recommendation via unanimous vote. In a subsequent motion (approved 7-1), the committee agreed that the council and mayor together should be responsible for hiring and firing the manager. .Finally, the committee augmented the recommendation by unanimously voting to adopt language in the model charter that clarifies that the council should "determine thle rules governing recruitment, selection, promotion, transfer, demotion, suspension, layoff, and dismissal of city employees" that will guide personnel decisions. Specific duties delegated to the mayor and city manager are detailed in the appendix. (See Appendix III: Structure of Government) 2. The Ashland mayor should vote on all issues before the council; at tbe same time, the mayor's veto power should be eliminated. Background: Article 4, Section 3 of the existing charter stipulates that the mayor of the city is allowed to vote on issues before the council only in the case of a tie. At the same time, the mayor is required to approve or veto all measures within five days of passage. The council is allowed to overturn a mayor's veto via a two-thirds (4 of 6) vote. Discussion: Proponents of the existing framework argue: 1) that the mayor's non-voting status better equips him/her to facilitate meetings and provide political leadership; 2) that the mayor's veto power is an appropriate tool used to force the council to re-evaluate hasty or ill-considered decisions. and, 3) that veto power conveys more political leverage than the ability to vote. 4 Conversely, critics state: 1) the mayor's non-voting status clouds the public's understanding of his /her position on the issues; 2) application ofthe veto produces contention instead of consensus; and, 3) that the mayor's ability to cast a vote is at stronger investment of political power than is contained in the occasional veto. Outcome: The recommendation was endorsed by the committee on a 6-3 vote. A subsequent motion that the veto be retained in addition to the mayor's new voting power failed, 7-2. If approved, the mayoral vote will eliminate an anomaly in the existing charter. Under current conditions, the council is allowed to meet if three members plus the mayor are present. In this circumstance, as few as two council members can constitute a ml~ority. If the mayor becomes a voting member, at least three votes will be required to approve any measure. (See Appendix III: Structure of Government) 3. The mayor should continue to appoint members of city commissions and committees, subject to council approval. Background: Under current practice, the mayor is responsible for appointing members of city commissions and committee members, subject to council approval. Discussion: Proponents of the status quo argue that the mayor's appointment powers allow him/her to appropriately set the political tone and direction of the city. Conversely, critics claim that this structure concentrates too much power in the hands of mayor; they argue that the council should be allowed to nominate and approve candidates for appointment. Outcome: The committee voted 8-1 in favor of the recommendation, effectively retaining the status quo. A second motion that would have specifically allowed Planning Commission members to be proposed and appointed by the mayor and council fiiled, 7- 1. (See Appendix III: Structure of Government) 4. The current position system for selecting council members should b(~ eliminated in favor of citywide, at-large elections in which the top three vote getters win the council seats at issue. Background: Article 8, Section 2 of the city charter delineates the existing system that governs selection of city council members. Existing language requires council members to be elected by position number (one through six); each candidate is required to 5 designate the number of the council seat to which he or she aspires. A candidate may run for one position in any given election. Discussion: Proponents of the status quo argue: I) that the existing system produces richer debate and greater clarification of issues; 2) that the position system lends stability to local government by protecting incumbents from political movements that might be orchestrated to sweep sitting councilors from office; and, 3) that the position system may allow less-well known candidates to achieve office. Conversely, critics believe: 1) that the position system can be used to target specific minority candidates; 2) that it unnecessarily complicates the voting process and stymies a citizen's ability to support the candidates of his /her choice; and, 3) that it can allow unchallenged incumbents to avoid scrutiny. Outcome: This was among the committee's more contentious recommendations, approved in a 5-4 vote. Related issues that the committee discussed and dismiss<xJ for lack of interest included changing the number of council members, imposing terrn limits, and adopting a ward system for council election. The committee also discussed the possible adoption of charter language that would permit or enact an instant voter runoff system in city elections. In the end, the committee decided not to recommend IRV, citing concerns regarding cost, legality, and insufficient research. However, the committee did agree to forward to the council excellent background material prepared on the subject by IRV advocate Pam Vavra and to note the substantial public input we received endorsing IRV. (See Appendix IV: Council Election Materials) 5. The city recorder should continue to be elected by the voters. However, charter language that dictates compensation should be removed; responsibility for salary issues would be assigned to the Citizens' Budget Committee. In addition, the city council should appoint a task force or committe.~ to study the issues of the city recorder [and municipal judge] in additional depth. Background: Article 3 of the current charter describes the recorder as an elected city officer; section 3 pegs compensation to the 1974-75 level with specified annual adjustments. Discussion: Proponents of the status quo argue that election by the voters ensures that the recorder will remain independent and available to city residents; they note that the recorder is the only fulltime city official elected by the citizens. Conversely, critics point out 1) that most city recorders are now appointed and supervised by councils and managers; and, 2) that election may not guarantee that the winning candidate has the 6 requisite skills to fulfill the duties of the office. Proponents of the task force argued that the council should investigate whether the recorder should retain treasurer's duties now delegated to that office. Speakers on both sides of the election issue questioned the inclusion of compensation language in the charter, citing the committee's efforts to remove all specific fundi.ng notations from the document. Outcome: The committee endorsed the first recommendation unanimously; the task force endorsement was approved on a 5-4 vote. (See Appendix V: Election of the City Recorder) 6. The municipal judge should continue to be elected by the voters. However, charter language that dictates compensation should be removed; responsibility for salary issues would be assigned to the Citizens' Budget Committee. In addition, the city council should appoint a task force or committee to study the issues of the [ city recorder] and municipal judge in additional depth. Background: Article 3 of the current charter describes the municipal judge as an elected city officer; section 3 pegs compensation to the 1974-75 level with specified annual adjustments. Discussion: Proponents of the status quo argue that the election process allows voters to choose a municipal judge who will understand and incorporate local values in his/her approach to the judiciary. Conversely, critics question whether the current system is cost effective. Proponents of the task force suggested that the council investigate the level of judicial salary, imposition of a residency requirement, and the general powers and duties of the judge. As with the recorder, speakers on both sides of the election issue questioned the inclusion of compensation language in the charter, citing the committee's efforts to remove all specific funding notations from the document. Outcome: The committee endorsed the first recommendation unanimously; the task force endorsement was approved on a 5-4 vote. (See Appendix VI: Election of the Municipal Judge) 7 7. Members of the Parks and Recreation Commission should continue to be elected by city voters, and the Parks Department should continue to be administered as an autonomous entity independent of the rest of city government. However, existing charter language should be streamlin,ed to combine the Parks Commission and the Recreation Commission. Fin:ally, charter language that dictates the department's formula should be removed from the charter; the Parks and Recreation budget should be determined via the annual city budget process. Background: Article 19 ofthe existing charter (part of the original 1908 docum(mt) establishes the Parks Commission as an elected body of five residents invested wi.th the control and management of city parkland and accompanying funding. Section 3 grants the commission independent taxing authority (not to exceed four and one half mills on the dollar) necessary to support the parks program. Finally, Article 22 specifies that the Park Commissioners also serve as members of the Recreation Commission. Over the years, the Park Commission's independent funding stream and elected status enabled the establishment of an independent Parks and Recreation department within city government. The Parks Commission hires and fires the department manager, establishes internal policy and procedures, and reviews the annual budget. Ballot Measure 50 (1997) effectively eliminated the department's fiscal independ.ence; Parks and Recreation funding is now established through the Citizens' Budget Committee process. However, the Department continues to be administered as an independent arm of city government. Discussion: Proponents of the existing system argue: 1) that election by the votl~S provides powerful leverage and independence for the Commission; 2) that the department's autonomy has enabled it to creatively develop and maintain the expansive system of city parks; and, 3) that the city's park system is intrinsic to the aesthetic and character of Ashland, and warrants special charter protections. In turn, critics believe: 1) that the Parks Department is most appropriately administered under the auspices of the city administrator/manager, which would be consistent with the committee's recommendations to place all administrative functions under the city manager; 2) that the autonomy of the department creates inequities among city employees; 3) that the elected Commission usurps decision making powers that rightfully belong to the council; 4) that appointment, rather than election, might attract better qualified candidates for the commission; and,S) that the existence of an elected commission no longer provides fiscal protections for the department, given the passage of Measure 50. Outcome: The recommendation was approved by a vote of 8-1. Our decision to remove moribund funding language from the charter was consistent with our overall attempts to keep the charter free of budget figures. However, the committee 8 acknowledges that Parks funding is integral to its success; we recommend that the council consider implementing an ordinance that would formalize Parks funding. (See Appendix VII: Parks and Recreation) 8. The Ashland City Band should be retained in the charter; however, funding language should be removed and budget issues delegated to the Citize:ns' Budget Committee. The committee recommends that the Band be placed under the authority of the city Parks and Recreation Department. Background: Article 21 of the current charter requires the council to include in the annual budget an allocation not to exceed six-tenths (.6) mills on the dollar for th,e purpose of a City Band. By tradition (though not function), the Band falls under the auspices of the city finance director; as a result, the Band often operates quite independently from city structure. Discussion: Proponents of the current charter language argue that the City Band will survive and thrive through the specification of a funding formula embedded in the charter. Conversely, critics suggest that the charter should never cite specific budget numbers; instead, funding should be allocated through the annual budget process. Speakers on both sides of the funding issue agree that the Parks and Recreation Department is the most appropriate home base for the Band. Outcome: The recommendation was approved via unanimous vote. In addition, the Charter Committee notes that preservation of the band's funding is integral to its success; we recommend that the council consider implementing an ordinance addressing 1he band's funding requirements. (See Appendix VIII: Ashland City Band) 9. Charter language that requires voter approval of all increases in council salaries should be eliminated; salary levels should be established via a city ordinance. Background: Article 3, Section 3 of the current charter requires that changes to the level of compensation received by elective officers (except for recorder and judge) be submitted to a vote of the people. Right now, each city council member receives $350 per year and the mayor receives $500; these pay levels have been unchanged since at least 1976. However, elected officials also receive full medical, vision and dental benefits and a small life insurance policy that covers themselves and dependents. Discussion: Proponents argue that the existing system restrains the council from enacting costly and/or inappropriate pay increases. Conversely, critics of the status quo 9 claim: 1) that salary issues are best delegated via ordinance; and/or, 2) that council members deserve to be paid for the work that they perform. Outcome: The committee endorsed the recommendation via a 7-1 vote, with one member abstaining. Discussion that preceded the vote focused on the generous health benefits package now extended to council members. The committee suggests that council members consider assuming an insurance co-payment equivalent to that paid by city employees. (See Appendix IX: Council Salaries and Benefits) . 10. The city council should convene a citizen-based Charter Review Committee at least every ten years. Background: The current charter does not address the question of periodic review. Discussion: Proponents of periodic review argue that a mandatory review process ensures that the charter remains relevant to the conduct of city affairs; critics que:stion the necessity for such a requirement. Outcome: The committee unanimously endorsed the recommendation. Charter Housekeepin2 As noted earlier, analyses produced by former city attorney Paul Nolte and by consultant Tom Sponsler highlighted significant sections of the charter containing outdated or extraneous language, or addressing issues better delegated to a city ordinance. ~v e have used that input to identify sections of the charter that should be eliminated from inclusion in the new model charter; these recommendations are detailed in the chart on the: following page. (See Appendix X' Charter Mark-ups/Model Charters) Finally, as one of our last actions, the committee attempted to clarify language in Article 16, Section 1 (Public Utilities: Water Works). In response to concerns expressed by City Attorney Mike Franell, the committee unanimously approved an amendment stipulating that city water can be sold to businesses located within city limits. Later, we asked the city attorney to prepare additional wording prohibiting businesses from re-selling that water as a primary commodity. However, after discussion, the Charter Committ1ee declined to take further action, agreeing that issues that might be viewed as amending water policy should be arbitrated by the city council. Mr. Franell's suggested language is contained in the appendix; the council may wish to initiate a task force or committee to look at this issue in the coming months. 10 (See Appendix XI: Suggested Language for Article 16, Section 1) Items to be changed or eliminated in the charter. ARTICLE SECTION TITLE ACTION REASON I 3 Boundaries: 2NU Remove State law ORS sentence ORS 192 OAIR 166 III 6 Interest in City Remove ORS 244 Contracts IV 2 Mayor Modify to Complements enumerate model charter powers of section on powers Mayor. See of manager Appendix III item C. VI 2 Recorder; Powers and Remove Covered by Duties municipal code 2.08.020 VII 2&3 Elections; Notice & Remove ORS 254 Special VII 6 Elections; Canvass of Remove ORS 254 Returns VII 7 Tie Votes Remove ORS 254.575 VIII 5&6 Council; Journal, Remove ORS192 Proceedings to the public IX All Special powers of the Remove "Dillion's Rule" Council Where express powers are granted, only those powers and those necessary to carry out the granted power are given. Se1e City of Corvallis v.Carlile, 10 or 139 (1882) Broad powers grant OVE~rcomes this limitation. XI 1&4 Public Imorovements Remove ORS 279 XII All Taxation Remove ORS 294,310 XIII 4 Appointive Officers Remove ORS 244 XIV All Chief of Police Remove Inherent in city structure. Sec. 2 possible ordinance. Consider ordinance to provide for a mElmber of the police staff to be pmsent at council 11 meetings as in Section 2. XV 2 Court Remove This has never been done. XV 3 Court Remove ORS 138 XV 4 Jury Retain Kee~p per City Attorney Mike Franell XVI 1 Public utilities Study Clarify language see Appendix X, item D. XVI 2 Torts Remove ORS 30 XVI 3 Existing Ordinances, Remove from ORS 30 Acts, ProceedinQs line 3 to end XVI 4 Repeal of previously Remove History of enacted provisions amendments are public record pursuant to public records laws ORS 19~~ XVII All Hospital Remove Committee is except for unc:ertain what the Section 1 current relationship Study is with the hospital remaining and is hesitant to sections to remove all explore current lan!guage until relationship clarified. Leave with hospital. Section 1 if language is acc:urate after . study. XVIII All Cemeteries Trust Remove all CrE~ate ordinance to Fund reference to consolidate. Retain dollars and some reference. dates. XX All Airport Retain Language unique to Ashland. Next Steps The conclusion of the Charter Review Committee's work marks the end of the first phase of charter review2. Weare now pleased to pass the torch on to the city council. We suggest that you consider incorporating the following next steps into your process of reVIew: Voter Involvement: As a first priority, the council should launch a voter awareness campaign designed to provide residents with information on the proposed chart(;:r changes 2 See Appendix XII: Summary of Expenses 12 and to establish opportunities for interaction and dialogue. Such a campaign might include: · Media articles, interviews, television, radio. · Mini forum/public hearings, etc. . Informational events. . Talks to civic groups. · Flyers (such as in utility bills, etc.) Ballot Language: After preliminary review, the council should engage Tom Sponsler, the city's charter consultant, to prepare draft ballot language for the proposed charter changes. This can be done either before or after council review of the committee recommendations. As part of this process, the council will need to decide if proposed charter revisions should be presented to voters in one complex ballot measure, or, instead, structurl;:d as a series of single-issue measures that allows voters to pick and choose among options. Additional Research Committees: Consider establishing task forces or committees to: I) pursue additional investigation of specific issues, including the roles and responsibilities of the city recorder and municipal judge; 2) develop city ordinances that might replace charter language; and, 3) conduct legal review of the draft charter. Timeline: Develop a timeline for council actions leading to ballot measures, including conceptual review of recommended changes, draft ballot language, public forums/hearings, and the selection of an election date. Finally, please feel free to engage any ofus if you need background information, clarification of our recommendations, or additional insight into our decision rationale. 13 INTRODUCTION 00 History ofthe Ashland Charter The original Charter granted to the City of Ashland in 1874 was later supplanted by a Charter given to the City by the Oregon State Legislature in 1889. In 1898, a new Charter was approved by the voters of the City, which remained in effect until 1970, although amended numerous times over the years. In 1906, a State constitutional amendment giving cities Home Rule meant that Charters could be adopted and amended without action by the State Legislature. A vote of the Ashland citizens to amend the City Charter or to adopt a new one can effect changes in the structure and powers of Ashland city government. For this purpose, the Council may call a special election on the Charter by initiative petition. In May of 1970, as a result of study and recommendation by the Ashland League ofWom~:n Voters and th~ Charter Revision Committee, an amended Ashland City Charter was again approved by the voters of the City. As adopted, it retained all of the desirable provisions of the original Charter, while omitting obsolete provisions, thereby simplifying this important document and making it a more workable one. Five amendments were enacted by the voters in May of 1972, dealing primarily with administrative refmements, and these amendments have been incorporated into the following compilation of the City Charter. Notes: 1) City incorporated 10-13-1874 2) First Ordinance passed 11-14-1874 -Setting Boundaries of the City of Ashland ARTICLE 1 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. The Recorder shall keep in her/his office at City Hall at least two (2) copies of this Charter, in each of which he/she shall maintain an accurate and up-to-date description of the boundaries. The copies and descriptions shall be available for public inspection at any time during regular office hours of the Recorder. ARTICLE 2 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. Section 2. Construction of the Charter In this Charter, the mention of a particular powc~r 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 1 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. Section 3. Provisions for Amendment and Revision The Council shall have the power to call a special election upon a resolution passed by the Council for the purpose of amending the Charter or enacting a new Charter, or whenever petitioned to do so by the electors of said City, under any initiative or referendum ordinance of the City of Ashland, or the laws of the State of Oregon. ARTICLE 3 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. Oualifications 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 othc::r 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 per<;entage 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 q~ifications for th4;: 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 Council or 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 expd any member of the Council for disorderly conduct in Council or inattention to duties. No Council mc::mber 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 City 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.) 2 ARTICLE 4 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 sign all orders and warrants on the Treasury for claims authorized by 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 5 Councll 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 electe4, each for a term of four (4) years. ARTICLE 6 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 offour (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 1i.mds 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. 3 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 thilrty (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 ofthe Council Pro Tern who, while acting in that capacity, shall have all the authority and duties ofthe Recorder. ARTICLE 6A Judge Section 1. Term At the biennial general election held in 1978, and every fourth year then~fter, a Judge shall be elected for a term of four (4) years. (Charter amendment 5-23-78) ARTICLE 7 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 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 ofthe State shall apply to th(: 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 offic(: 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 4 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 candlidate 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) Section 6. Canvass of Returns In all elections held in conjunction with State and County elections, the State laws governing the filing of returns by the County Clerk shall apply. In each special City election, the returns therefrom shall be filed with the Recorder on or before noon the day following; and, not later than five (5) days after the election, the Council shall meet and canvass 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 votes cast at the election, the votes cast for each person, and for and against each proposition, the name of each person elected to office, the office to which he/she has been elected, and ;a reference to each measure enacted or approved. Immediately after the canvass is completed, the Recorder shall make and sign a Certificate of Election of each person elected and deliver the Certificate to him/her within one (1) day after the canvass. A Certificate so made and delivered shall be "prima facie" evidenl:e of the truth of the statements contained in 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 pernJrm the duties of his/her office. ARTICLE 8 Council Section 1. Where Powers Vested Except as thi~ Charter provides otherwise, all powers of the City shall be vested in the Council and the Mayor. 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 ofthe preceding provision, 5 the Council shall forthwith determine by lot the numbers to be assigned to the incumbent Council members. 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. Section 4. Quorum The Mayor and not less than three (3) of the Council members, or f()ur (4) of the Council members, shall constitute a quorum for conducting Council business. Section 5. Journal The Council shall cause a record of its proceedings to be kept. Upon request of the Mayor or any of the Council members, the ayes and nays upon any question before it shall be taken and entered in the record. Section 6. Proceedings to be Public No action by the Council shall have legal effect unless the motion for the action and the vote thereon take place at proceedings open to the public. 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. Section 8. Chair of the Council At the fIrst regular meeting of the Council in January of I~ach 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 Tern, 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 9 Special Powers of the Council Section 1. Violation of Charter. Ordinance and Laws The Council, at any regular or adjourned meeting, shall have the power within the limits of the City of Ashland to enact laws, ordinances and pass resolutions not in conflict or inconsistent with the laws of the United States, the State of Oregon, or the provisions of this Charter; and to provide for punishment of any person or persons found guilty by a competent tribunal of the violation of any such laws, ordinances, or any of the provisions of this Charter, by fme or imprisonment of such offender, until such fIne and costs are paid; and to provide for the working of such persons so convicted on the streets of the City or at any other work, and to provide the compensation therefor to be applied on such fme and costs; but no fme shall exceed the sum of $500 and the costs of prosecution, nor shall any imprisonment or term at hard labor exceed 60 days. Section 2. Levy of Taxes The Council, by two-thirds vote of the Council at any regular or adjourned meeting, shall have the power within the limits of the City of Ashland to annually ordain ;and levy taxes on the taxable property of the City made taxable by law for County and State purposes, not to exceed 6 fifteen mills on the dollar on the assessed valuation in any year for the expenses of the City; and also in such further amount as may be necessary for the payment of interest or principal on any bonded indebtedness now existing or hereafter to exist against the City and for payment of any judgment or judgments obtained against the City. Section 2a. Flood Damage Restoration Bonds In addition to the indebtedness otherwise authorized by law and by this Charter, the City Council of the City of Ashland shall have the power and authority to issue the general obligation bonds of the City in such amounts and with such maturity date:s as the City Council shall, in its discretion, deem advisable in an aggregate amount not to exceed Seven Hundred Fifty Thousand Dollars ($750,000.00) for the purpose of financing the cost of repair and restoration in accord with current construction standards of the City's water, sewer, electrical and storm sewer systems; City streets and bridges and watershed roads and bridges; Lithia Park; the repair of riprap at the Ashland Airport; and the purchase of a dredge for the removal of present and continuous accumulations of silt in the City's water reservoir; and to further provide that all state or federal funds received to assist Ashland 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 have the power and right to designate the manner and time of payment of said bonds and the interest thereon, provided that considering any discounts or premiums paid, the effective rate of interest on such bonds shall not exceed that allowable by the laws of the State of Oregon. The power herein granted shall be exercised by the Council without submitting the question to a further vote of the electors and the bonds issued in pursuance to this Article shall not be subject to the limitation on bond or other indebtedness elsewhere contained in the Charter of said City. Section 2b. Hospital Improvement Bonds In addition to the indebtedness otherwise authorized by law and by this Charter, the City Council of the City of Ashland shall have the power and authority to issue the general obligation bonds of the City in such amounts and with such maturity dates as the: City Council shall, in its discretion, deem advisable in an aggregate amount not to exceed Three Hundred Sixty Thousand Dollars ($360,000.00) for the purpose of financing the design and construction of additions and improvements to the Ashland Community Hospital; and shall have the power and right to designate the manner and time of payment of said bonds and the interest thereon, provided that considering any discounts or premiums paid, the effective rate of interest on such bonds shall not exceed that allowable by the laws of the State of Oregon. The power herein granted shall be exercised by the Council without submitting the question to a further vote of the electors and the bonds issued in pursuance to this Article shall not be subject to the limitation on bond or other indebtedness elsewhere contained in the Charter of said City. Section 3. Special Assessments The Council shall have the power at regular or adjourned meeting to levy such special benefit assessments for road, sewer or other special improvements as they deem reasonable and to prescribe the time when such assessments shall be paid and to assess penalties thereon, not exceeding ten percent (10%) when delinquent, which assessments and penalties may be collected under the provisions of Article XII, Sections 1 and 2. Section 4. Reassessment The Council shall have the power to enact an ordinance to correct any administrative error in the levying of any special benefit assessment and to cause a reassessment to be made. Section S. 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 whem 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. 7 Section 6. Bonds The Council, by a two-thirds vote at any regular or adjourned meeting, shall issue bonds of the City for other purposes when duly voted and required by a majority of the eltectors of said City; or in rebonding any bonded indebtedness of the City when the same is due and payabh: and the City has not the funds on hand to 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 to this Article; that is, Article IX, Section 2, and at such time as they are retired shall be automatically repealed. Section 7. Water System The Council, by a two-thirds vote of the Council at any regular or adjourned meeting, shall have the power within the limits of the City of Ashland to suppress, restrain, and prohibit any obstruction, pollution, diversion, waste, extravagant use of, waters of Mill or Ashland Creek, either within or above the City limits. ARTICLE 10 Ordinances Section 1. Enacting Clause The enacting clause of all ordinances hereafter enacted shall be:: The People ofthe 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 heing 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 advetltisement 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 takt;~n 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. ARTICLE 11 Public Improvements 8 Section 1. Condemnation Any necessity of taking property for the City by condemnation shall be determined by the Council and declared by resolution of the Council describing the propeI1y and stating the uses to which it shall be devoted. The procedure for the condemnation shall be as ordained by the Councilor provided by State law. Section 2. Improvements The procedure for making, altering, vacating or abandoning a public improvement shall be governed by general ordinance or to the extent not so governed, by applicable general laws of the State. Action on any proposed public improvement, except a sidewalk or except an improvement unanimously declared by the Council to be needed at once because of an emergency, shall be suspended for six months upon a remonstrance thereto by the owners of two-thirds of the land to be specially assessed therefor. In this section, "owner" shall mean the record holder of legal title or, where the land is being purchased under a land sale contract recorded or verified to the Recorder in writing by the record holder of legal title to the land, the purchaser shall be deemed the "owner". Section 3. Special Assessments The procedure for the levying, collecting and enforcing the payment of special assessments for public improvements or other services to be charged against real property shall be as provided in Article XII, Sections 1 and 2 of this Charter. Section 4. Bids All jobs or contracts for constructing, repairing, ornamenting or improving any public place in this City or out of it, the expenses of which are to be paid out of the City Treasury, and the probable cost of which will exceed $500, shall be advertised in a newspaper of wid(: and general circulation published in the City of Ashland for ten days before the closing of the bids, and shall be done in accordance with the plans and specifications approved by the Council. The Council shall have the right to reject any or all bids without incurring any liability for such rejection. ARTICLE 12 Taxation: Powers and Duties of the Council Section 1. Duties It shall be the duty of the Council immediately after the receipt of the certificate ofthe County Clerk of the County Court of Jackson County, Oregon, showing the aggregate valuation of the assessable property in said City of Ashland, to meet, and by ordinance annually levy such taxes and assessments as permitted 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 to be c:ertified to the County Court, as provided in Section 2 of this Article. Section 2. Duties The Council shall, immediately after such levy, notify the Clerk of the County Court, under the certificate of the City Recorder, of the rate percent of the tax levy 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 taxes and extend the same by entering the aggregate tax in the appropriate columns on the tax roll, and such taxes, special assessments and penalties shall be collected by the same officer, in the same manner and at the same time as taxes for County purposes are collected, and the same shall be paid over by the County Treasurer to the City Recorder as provided by law for the paying over of city taxes. Section 3. County Road Tax The territory within the limits of the City of Ashland as now existing and as may be hereafter extended is hereby excepted out of the jurisdiction of the County Court of Jackson County for licensing purposes and road purposes, and the City Council shall have full and exclusive jurisdiction over the same. The inhabitants of the City shall be exempt from the payment of road taxes and assessments of the property within the City for road work, except such taxes as may be levied and assessed by the City Council, and all such taxes shall be placed in a separate fund and used for street 9 purposes within the limits of the City and not otherwise. ARTICLE 13 Appointive Officers 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) Section 2. 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) Section 3. Qualifications. Duties. and Salaries The Council shall, by ordinances, prescrib€: 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 hils/her judicial duties. Section 4. Removal The Mayor, with the consent of the Council, may suspend and remove any appointive officer at any time. SectionS. 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 ofthis section. ARTICLE 14 Chief of Police: Powers and Duties Section 1. The Chief of Police shall be the conservator of the peace within the limits of the City of Ashland and, in addition to the authority vested in him/het by the City Council, he/she shall have the authority and jurisdiction of a constable, and shall qualify and discharge the duties of constable, in the same manner and to 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 committed 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 have the power, under any warrant from the Judge, or any Justice of the Peace, to arrest any person in any part of the State of Oregon for any criminal offense or the violation of any City ordinance and, in case the Council shall establish a police force for the City, he/she shall by virtue of his /her office be Chief of such force. Section 2. The Chief of Police shall attend all meetings of the City Council, and perform the duties of the Sergeant-at-Arms of that body, watch over, care for and preserve all the City property and good morals of the City; and it shall be his/her 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 Charter, 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 removal from office by the City Council. 10 ARTICLE 15 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 defmed and made punishable by ordinances and Charter of the City and all other offenses made punishable by State law over which the City is givc~n 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 ofthe City, to commit any such person to jail or admit him/her to bail pending trial, to issue subpoenas, to compel obedience to such subpoenas, to issm~ 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 3. Term The term of the Municipal Judge shall be four (4) years. (Charter amendmc~nt 5-23-78). Section 4. m A defendant may have a jury of six (6) members by demanding the sarne. Any jury chosen shall be governed by the laws of the State of Oregon relating to juries in the Distdct Court, and shall have the qualifications of such jurors resident within the corporate limits of said City. Section 5. Fines. Fees. Costs. and Cash Bail The City Council shall provide for the collection of all Court fines, fees, costs and cash bail which shall be turned over to the City Recorder. ARTICLE 16 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. Section 2. Torts The City's immunity or liability for torts shall be as determined by State law. 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 unfmished 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 vestc~d 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 11 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. Section 4. Repeal of Previous1v-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 Counci1- Taxation; that is, Article XII, Sc~ctions 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 17 Hospital Section 1. The City of Ashland is hereby authorized and empowered to own, operate and conduct a municipal hospital within the limits of said City of Ashland under the authority and direction of the Council. 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 DJr the purpose of providing funds with which to purchase real property for a hospital, construct a building or buildings to 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 character, callable at any interest payment date in whole or in part on or after five (5) years from the date thereof after notice as provided by law, be retired by the said City in a period of not to exceed twenty-five (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, have semi-annual interest coupons bearing the facsimile signatures of the Mayor and Recorder attached thereto, by the terms thereof pledge the full faith and credit of the said City for their repayment, and hold and promise to pay to the bearer of each of said bonds at maturity thereof, the sum therein named in legal tender of the United States of America, with 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, determin(:, which bonds shall be known as "Hospital Bonds". The particular form of said bonds, the maturities ther1eof, 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 event be responsible or charged with 12 the proper application of the funds derived from the sale thereof. That the Council is hereby authorized and empowered each year at the time of making the annual tax levy for City purposes to inelude in such levy a sufficient amount to meet the payment of principal and interest on said Hospital Bonds as same shall be come due, and this authority shall be in addition to all Charter and Oregon Constitution debt limitation. ARTICLE 18 Cemeteries Trust Fund Section 1. The Council is hereby authorized and empowered each year, at the time of making the annual levy for City purposes, to include in such levy a sum equal to but not to exceed one mill on (~ch dollar of assessed valuation of property within the City, which sum shall be used for the purpose of maintenance and upkeep of cemeteries held by, or under control of the City of Ashland. Such levy shall not be within the limitation of taxation provided by law. Provided 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 which shall be used to carry out the purposes mentioned herein. When such trust fund shall have accumulated to such an extent as to provide sufficient income for the purposes for which same was created, then no further tax levy shall be made thereafter. Section 2. The Council is hereby given authority to receive control, for and on behalf of the City of Ashland, or any privately-operated or owned cemetery within the said City for the purpose: of providing proper upkeep and maintenance of any such cemetery, said Council to 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 within or adjacent to 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 with 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 Council may deem best for the protection of said City. Section 4. 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 when any such bequests or donations are given. ARTICLE 19 Park Commission Section 1. Dedication All those lands specified by the Charter Amendment of December IS, 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: 13 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 theatn: 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 AsWand Park Commission, with the consent of the Common COlillcil, 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 iDf the City of AsWand, 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 "AsWand Park Commission", be and the same, as constituted and cn~ted 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 AsWand. 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 AsWand 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 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, fil~: 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 IT of the Constitution of Oregon. Section 4. Salary: Government The said Commission shall serve without pay and shall have power to 14 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 c:onsidered as carrying a more specific description of said lands. ARTICLE 19a 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. Be:fore 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 fmandal 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 defmed in State Law, ORS 308.740, or as modified by Ordinance of the City of Ashland. (Amended 5-15-90). ARTICLE 20 Municipal Airport Section 1. Power The City of Ashland is hereby given the power and authority to acquire, own, conduct and operate a municipal airport either within or outside the limits of the City of Ashland, under the authority and direction of the Council. ARTICLE 21 City Band 15 Section 1. At the time of making the tax levy for general City purposes each year, the Council shall cause a careful estimate to be made of the money required for the purpose of a City Band for the lensuing year, such estimate shall be presented and considered with the other items in the annual budget and there shall be included in the general levy for the ensuing year not to exceed six-tenths (.6) mills on the dollar for such band requirements, which fund, when collected, shall be deposited with the City Recorder, subject to the order of the Council. ARTICLE 22 Recreation Commission Section 1. The Ashland Recreation Commission is hereby created to be composed ofthe fiv1e (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 ofthe 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. 16 DOCUMENTS SUBMITTED AT THE FEBRUARY 9, 2006 SPECIAL COUNCIL MEETING . 1 Council Goals: Put The Project Where The Passion And Priorities Are On Sat., Jan 28, 2006, Council spent 9 hours in goal-setting, generating a Council goal list. Underlying your goal-setting process was the assumption that Council goals become staff projects. Thafs a dangerous assumption. Citizen Task Forces focused on 1 goal area would be a better design, for 4 reasons. (1) Staff is executive branch, not legislative branch. If Council wants an ordinance on dark sky, or sign update, or riparian areas, or community policing, or code of ethics, the place to look for help is to taxpayers passionate about that goal. Ifs not staffs job to write ordinances. Legislative work is done through taxpayer groups. Staff is an information resource to (1) provide data to inform the effort, (2) ensure that emerging ordinances are implementable, and (3) help avoid unintended consequences.. Staff doesn't need to be responsible for Council's legislative goals. (2) Staff is overloaded. If you want to give a goallipservice, add it to overloaded staff.. They won't be able to give it serious attention, and another year will go by without an ordinance on sign update, riparian, dark sky, or code of ethics. Ifs unreasonable to keep piling major council goals onto the Planning Dept. Council can reduce the workload on staff by positioning ordinance work on legislative Citizen Task Forces, charged with a limited time frame and narrow focus. Ashland is full of people with a passion in Council's goal areas. If you assign the project to people with passion, they'll get it done. (3) Legislation is not a staff priority. Staff priorities are delivering basic city services..-planning applications, utility hookups, road repair, handling invoices, police and fire protection. 'Nriting a new ordinance is lower priority than applying existing ordinances. When it comes down to making the time allocation decision, and staff asks, "How much of my regular work should I set aside to ~get this goal done?", the answer will consistently be, "None". Staffs priority is service, not legislation. (4) Citizen Task Forces solve the continuing problem of "lack of direction". The discipline of assigning a specifIC charge to a task force forces Council to clarify their direction up front. This avoids situations like the sign ordinance, where staff spends hours, only to learn 'that wasn't what we wanted'. In short, put the project where the passion and priorities are-Citizen Task Forces. Example 1: Expanded bus service. In 1996, Council's goal was expanded bus service. Ifs 10 years later, and we're still not making progress on expanded bus service. No staff dept wants to deal with this in a focused or sustained way. Expanding bus service is 'nobody's job'. A Citizen Task Fc)rce could focus on options for expanded bus service. The work involves trips to Medford for RVTD Board meetings, comparing and recommending funding possibilities, and lobbying RVTD to go beyond its internal functioning issues to expand bus service. In October, 2005, bus service was up over 20% year-over-year (gas at $3 per gallon!), and RVTD still lost money. A focused Citizen Task Force would make more progress in 10 months than we've had with 10 years of assigning this perpetual annual goal to overloaded staff. If you're not serious about expanding bus service, you should take it off the 'wish list' and stop pretending staff will get it done. If you are serious, assign the project to the people with the passion and priorities to get it done. Other examples. Much progress on community policing, riparian areas, dark sky, code of ethics, has been done by Citizen groups who use the enormous professional talent in Ashland. They get bogged down when they become planning or legal projects, because the passion and priorities aren't there. Conclusion. This Saturday, Feb 11, staff are assigned to bring time estimates to accomplish Council goals. For many goals, it will simply not be practical for staff to plan to get them done. That means Council will need to seriously consider Citizen Task Forces, with a narrow charge and a time limit. Staff need not attend every meeting of these Citizen Task Forces, since their role is information not project responsibility. Art Bullock, 791 GIendower 1 Michael W. Franell City of Ashland 2 20 East Main Street Ashland, OR 97520 ~""""!:"'<'''''_''''-~~~,''''''''' ....c-;.".,, .,~ .. ~ ,"_ _.~ ICERT1:J{)?f~~'~Sh(UE r:X:(O"-.{1 I /1 / / ~/ /1 ' // - / // ':J L~f-~d~~.Z~~::~-=- / . r 3 Attorney for Respondent 4 5 6 7 8 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF JACKSON ART BULLOCK, Individually and as Trustee ) 9 of 791 Glendower Trust Dated December 25, Case No. 043971-Z3 2003, 10 11 12 Petitioner, Pro Se, ANSWER TO PETITION FOR WRIT OF REVIEW v. The CITY OF ASHLAND, a Municipal 13 Corporation of the State of Oregon, 14 15 Respondent. 16 Respondent City of Ashland answers Petitioner's Petition for Writ of Review as 17 follows: 18 1 19 Respondent admits the allegations in paragraphs 1 and 2 and in the Statement 20 of Facts paragraphs 1, 2, 3, 4, 5, 6, 9, 10, 11, 13, 14, 15, 20, 21, 26, 31, and 32. 21 22 2 23 As alleged in the Statement of Facts, paragraph 22, Respondent admits: 24 25 26 a) As of August 17, 2004, the proposed LID design and budget we~re not complete; Petitioner made requests enumerated 1-4. b) PAGE 1 - ANSWER TO PETITION FOR WRIT OF REVIEW Michael W. Franell, City Attorney 20 East Main, Ashland, OR 97520 . (541) 488-5350 . ---r-'-"- 1 However, Respondent denies that there is a requirement to provide the 2 neighborhood 30 days to review and respond to the LID proposal after Public Works 3 has finished the design and corrected budget. 4 5 3 6 Respondent admits the City did not follow the exact method of dividing costs set 7 forth in Resolution 1999-09. However, Respondent denies the deviation from the 8 methodology set forth in the Resolution harmed Petitioner. Rather, Petitioner and all 9 other affected property owners benefitted from the City's deviation in that the division of 10 costs used by the City resulted in a reduction in the amount assessed against the 11 benefitted properties as shown in the attached Exhibit 1. 12 4 13 Except as expressly admitted above, Respondent City of Ashland denies each 14 allegation contained in Petitioner's Petition for Writ of Review. 15 16 17 18 19 20 21 22 23 24 25 26 DATED this ~ ~ ) ic e . Fra e I, OSS #90268 omey ~ respondent ity of Ashland 20 East Main Street Ashland, OR 97520 (541) 488-5350 TRIAL ATTORNEY: Michael W. Franell, OSS #90268 PAGE 2 - ANSWER TO PETITION FOR WRIT OF REVIEW Michael W. Franell. City Attorney 20 East Main, Ashland" OR 97520 . (541) 488-5350 CITY OF ASHI~AND NEVADA STREET LID COMPUTATION OF CITY PARTICIPATION PURSUANT TO RESOLUTION 99-09 In accordance with Resolution 99-09 the actual amount of City participation in the LID is computed as follows: 60% of total sidewalk costs 75% of total storm drain costs 20% of total street improvement 50% of total engineering and administration costs Based upon the latest engineer's estimate for construction the full costs are allocated to each of the four categories. Sidewalk Costs $68,928.00 @ 60% = Storm Drain Costs: $17,155.00 @ 75% = Street Improvement Costs: $62,417.00 @ 20% = Engineering & Administration Costs: $25,000 @ 50% = T otallmprovement Cost Total City Participation $41,356.80 $12,866.25 $17,216.60 $12,500.00 $173,500.00 $83,939.65 COST COMPARISON BETWEEN PROPOSED ASSESSMENT COST AND COSTS COMPUTED IN ACCORDANCE WITH RESOLUTION 99-09 Previous Proposal Costs Total Project Cost: $173,500.00 Total City Participation $101,600.00 (58.6%) Total Assessable Cost $71,900.00 Assessm~nt Units 125 Estimated Cost Per Unit $575.20 Costs Per Resolution 99-09 Total Project Cost: $173,500.00 Total City Participation $83,939.65 (48.4%) Total Assessable Cost $89,560.35 Assessment Units 125 Estimated Cost Per Unit $716.48 Difference $141.28 (24.5% increase) Engineering Tel: 541/488-5347 20 E. Main Street Fax: 541-1488-6006 Ashland, Oregon 97520 TTY: 8001735-2900 www.ashland.or.us G:\pub-wrks\eng'dept-admin\LID\Nevada St Participation Computation Sheet 11 04. .fi-0vl J//'Yl 0 /501-\ E.. ')l,,", ~ b; \- \ t=h.0 ~ l For a project such as the Nevada Street LID or the Helman Street LID, which are predominantl), sidewalk improvement projects, it is usually more equitable to specify a flat percentage participation rather than individual elements of participation. The cost allocations ane too unbalanced to provide an overall percentage of participation in line with what would b4~ expected for a sidewalk construction project. Engineering 20 E. Main Street Ashland, Oregon 975:20 www.ashland.or.us G:\pub-wrks\eng\dept-admIn\LID\Nevada St Participation Computation Sheet 11 04.doc Tel: 541/488-5347 Fax: 541-1488-6006 TTY: 8001735-2900 ~~, E..)(~~,~~\- , Pc..~ ~ So