HomeMy WebLinkAbout2006-0713 Study Session Packet
CITY OF
ASHLAND
Council Communication/Study Session
Railroad Property Update
ents:
Primary Staff Contact: Ann Seltzer ~
ann@ashland.or.us
Secondary Staff Contact: Martha Bennett, Beth Lori
June 13, 2005
Estimated Time: 1 hour
State ent:
Greg Aitken from the Department of Environmental Quality (DEQ) will update the council on the draft
workplan submitted to DEQ by Union Pacific Railroad (UPRR) regarding the voluntary cleanup of the railroad
property in Ashland.
Background:
On May 1, Mr. Aitken attended the council study session and spoke to the council about the Record of Decision
(ROD) issued by DEQ in 2001 detailing the selected remedial actions for UPRR and the railroad property in
Ashland
At the request of the council, the Mayor sent a letter urging DEQ to require UPRR to use rail instead of trucks to
remove contaminated soils (attachment A). The city received response letters from DEQ and UPRR
(attachments C and D). The Mayor responded to UPRR and met with representatives in early June and sent a
letter to residents potentially affected by the proposed truck routes (attachment F).
City staffhas been meeting to determine what measures are currently in place, either through the Ashland
Municipal Code and/or through Oregon State Statues that enable the city to regulate the project (attachment B).
Attachments:
· A 5/2/06 Letter from Mayor to DEQ
· B 5/1 0/06 Memos from Assistant City Attorney
· C 5/11/06 Letter from DEQ to Mayor
· D 5/31/06 Letter from UPRR to Mayor
· E 6/12/06 Letter from Mayor to UPRR
· F 6/22/06 Letter from Mayor to residents
A
Office of the Mayor
John W. Morrison
CITY OF
ASHLAND
May 2, 2006
Greg Aitken
Project Manager & Hydrologist
Oregon Department of Environmental Quality
1102 Lincoln Street, #210
Eugene, OR 97401
Dear Mr Aitken:
Thank you for taking the time to come to Ashland and speak to the city council about the
proposed rail yard clean-up by UPRR.
During that session, you heard the council express its concern about the number of trucks
traveling to and from the railroad property in Ashland over a four month period. Weare very
much opposed to UPRR removing the contaminated soils by truck for the following reasons:
. Despite best practices, the risk of contaminated soils escaping from the trucks along the
truck route is very likely and thus a public health concern. It would be irresponsible of
us, the elected body, to allow such a risk to our citizens.
. The estimate of 100,000 cubic yards of soil to be removed equals approximately 10,000
truck loads of soil. Even if tandem truck trailer rigs were used rather than individual
trucks, it is still close to 50 trucks each day driving through residential streets. The
physical impact of the number and weight of the trucks on our local streets will result in
significant wear and tear leaving the burden of repair costs with the city.
. Emissions from the large number of trucks over a considerable amount of time will
impact our air quality, particularly those areas along the truck route.
. We are concerned about public safety. The volume of truck traffic will result in a traffic
increase of 15% or more. Any route from the site flows through commercial and multi
family zoning areas where there is a high concentration of pedestrian and bicycle traffic.
. Weare concerned about the negative economic impact on businesses along the truck
route as well as businesses that are near or abut the railroad property. The large increase
in truck traffic will result in increased congestion and likely deter potential customers
from making their way to those businesses.
CITY HAll
20 East Main Street
Ashland, Oregon 97520
www.ashland.OLUS
Tel: 541-488~2
Fax: 541-488-5311
TTY: 800-735-2900
r.:. ,
PA'N!EO ON RICYCLIO PAPLR
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CITY OF
ASHLAND
Memo
DATE:
TO:
FROM:
RE:
7/7/06
Ann Seltzer.
Beth Lori, Assistant City Attorney
RR Bond
Ann, you will see that the draft ordinance incorporates AMC 9.08, AMC 13.12 and Appendix J of the
building code. These three, when combined, enable the City to require the railroad company to post a
bond estimated to cover the costs of clean up and repair to streets the company uses to haul materials in
and out of its site.
AMC 13.12 is not a perfect fit for this activity. AMC 13.12 references activities relating to street
excavations. It also limits the amount of security the City can ask for repair of damage to streets.
However, AMC 13.12 does make it unlawful for anyone to damage our streets: "[i]t is unlawful for any
person, firm or corporation to excavate, cut, break, dig up, damage in any manner, undermine or tunnel
under any public street or alley without first making application to the City Engineer, depositing
security, and obtaining a permit therefore, as provided in this chapter." AMC 13.12.010. And, with
AMC 9.08 and Appendix J, we can require a bond amount higher than that set in AMC 13.12. AMC
9.08 does not set a bond limit. The proviso is that the amount requested should be commensurate with
a reasoned estimate for clean up and repair costs.
Note, however, that the City should work with the railroad before it applies the bond to pay for clean up
and repair. Should the streets the railroad company uses need repair, and the repair exceeds the limits
set in AMC 13.12, an agreement with the railroad company that we can use its bond to pay for the
repairs will avoid violating AMC 13.12.
Beth
CITY OF ASHLAND
Legal Department
20 East Main Street
Ashland, OR 97520
www.ashland.orus
Tel: 541-488-5350
Fax: 541-552-2092
TTY: 800-735-2900
Michael W. Franell, City Attorney
Micheal M. Reeder, Assistant City Attorney
Sharlene P. Stephens, Legal Assistant/Claims Manager
Nancy Snow, Legal Secretary
r~'
11
CITY OF
ASHLAND
MEMO
Date:
To:
From:
Re:
May 10, 2006
Ann Seltzer
Beth Lori
Excavation Permit, Dust and Trackout
QUESTION: What restriction may the city impose on Union Pacific Railroad (UPRR) to
mitigate dust and trackout of the excavated soil?
ANSWER: AMC requires a property owner to obtain a permit for excavation and allows
the city to impose certain conditions for the prevention of trackout. Discussion follows.
DISCUSSION: Bear in mind there are most likely federal and state oversight agencies
whose regulations Union Pacific must satisfy for. this clean up operation. Such regulatory
agencies could include EP A, OSHA and DEQ. Our regulations would probably therefore
be supplemental to theirs, although more tailored to the health and welfare of the
residents.
In April 2006, the council adopted an ordinance amending AMC Chapter 15 relating to
the adoption of Oregon Specialty Building Codes, which included Appendix J entitled
"Grading". Specialty code Appendix J requires a permit for "grading, excavation and
earthwork construction, including fills and embankments." AMC 15.04.010(B)
Appendix J at J 1 01.1 (2006).
AMC 9.08.060, section J, allows the City to "require the imposition of building permit
conditions for the prevention of trackout" and to post a bond "sufficient to assure
available funds for roadway cleanup...". Under AMC 9.08.060(J), and 15.04.010(B),
Appendix J, the City can require trackout clean up conditions under the permit Appendix
J requires for excavation and fill.
Conditions which may be imposed include but are not limited to the following:
. The posting of a bond sufficient to assure available funds for roadway cleanup by
the city ifthe contractor or permittee is negligent in cleanup of adjacent public
roadways:
. Street sweeping, vacuuming or other means of removing track out material from
public roadways.
. . Installation of wheel washers at exists of major construction sties.
. Use of temporary or permanent barricades to keep traffic off unpaved areas.
· Require graveling of access roads on site.
· Limit the use of public roadways by vehicles.
· Issue stop work order if trackout occurs and is not promptly corrected.
· For access to property, paving of the entry way or driveway for its entire length or
a distance of 50 feet, whichever is shorter.
I hope this was helpful.
Beth
2
fJ
Page I of 4
Memo
DATE:
May 10, 2006
TO:
Ann Seltzer
FROM:
Beth Lori
RE:
Union Pacific Railroad Cleanup Solutions
QUESTION: What restrictions may the City impose to control the Railroad's time,
manner and travel routes when removing the contaminated soil1?
ANSWER: The City may, by resolution, specify certain streets that must be used for
access to and from commercial and industrial areas and may specify the hours the
trucks may be confined to the streets. The City may also, by resolution, impose
restrictions on the use of its streets when deemed necessary to protect them from being
unduly damaged and to protect the interest and safety of the general public.
Discussion follows.
DISCUSSION: AMC 11.60.015 provides in part that the City may, by resolution,
specify certain streets that must be used for access to and from commercial and
industrial areas, and may specify the hours the trucks may be confined to the streets.
The Railroad property is zoned E-1. According to AMC 18.40, E-1 property is
"designed to provide for a variety of uses such as office, retail, or manufacturing in an
aesthetic environment...". AMC 18.08.120 defines commercial as "[a]ny activity
involving the sale of goods or services for profits." The property can correctly be
characterized as commercial and therefore subject to AMC 11.60.015.
IPer our discussion 5/3/06, Adam Hanks is pursing the question of bonding and permitting to control track out.
LEGAL DEPARTMENT
20 East Main Street
Ashland, OR 97520
www.ashland.or.L1S
Tel: (541) 488-5350
Fax: (541) 552-2092
TTY: 800-735-2900
Michael W. Franell, City Attorney
Beth A. Lori, Assistant City Attorney
Sharlene P. Stephens, Legal AssistanVClaims Mgr.
Nancy Snow, Legal Secretary
Page 2 of 4
Additionally, the City may regulate vehicles using its streets through ORS 810.030.
AMC 11.04.110 provides that "[t]he Oregon Vehicle Code, being Chapter 801 through
and including 822 of the Oregon Revised Statutes, are hereby adopted in full." ORS
810.030 provides:
(1) A road authority may impose restrictions described under this section
on its own highways as the road authority determines necessary to do any
of the following:
(a) Protect any highway or section of highway from being unduly damaged.
(b) Protect the interest and safety of the general public.
(2) Restrictions that may be imposed under this section include any of the
following:
(a) Prohibition of the operation of any or all vehicles or any class or kind of
vehicle.
(b) Imposing limits on any weight or dimension of any vehicle or
combination of vehicles.
(c) Imposing any other restrictions that the road authority determines
necessary to achieve the purposes of this section. This paragraph does
not grant authority to impose speed restrictions.
(3) Any restrictions or limitations imposed under this section must be
imposed by proper order. The restrictions or limitations are effective
when appropriate signs giving notice of the restrictions or
limitations are erected. A sign giving notice of a restriction or
limitation in an order shall be maintained in a conspicuous manner
and shall be placed at each end of the highway or section of highway
affected by the order and at such other places as is necessary to
inform the public.
(Emphasis added).
The statute defines road authority as the governing body of an incorporated city for all
highways, roads, streets and alleys, other than state highways, within its boundaries.
ORS 810.010(1)(3). Ashland is an incorporated city. The Vehicle Code defines
highway as "every public way, road, street, thoroughfare and place..." the general
public uses for vehicles. ORS 801.305. Thus, the City may impose restrictions as
LEGAL DEPARTMENT
20 East Main Street
Ashland, OR 97520
W\'IIW.ashland .or .us
Tel: (541) 488-5350
Fax: (541) 552-2092
TTY: 800-735-2900
Michael W. Franell, City Attorney
Beth A. Lori, Assistant City Attorney
Sharlene P. Stephens. Legal AssistanUClaims Mgr.
Nancy Snow, Legal Secretary
Page 3 of 4
ORS 810.030 contemplates on the use of its streets within its boundaries, provided they
are not state highways.
Most likely, the City will want the resolution narrowly drawn to apply to trucks hauling
away excavated hazardous waste and hauling in clean soil. Any proposed resolution to
this effect, whether under the city code or state statute, must be fashioned to avoid any
successful claims of violation of due process or equal protection or placing an undue
burden on interstate commerce. "Or Canst. art. 1, 920 states. that no law shall be
passed granting to any citizen or class of citizens, privileges, or immunities, which, upon
the same terms, shall not equally belong to all citizens. Section 20 ... is essentially a bar
to the legislature against singling out specific individuals or interests for preferential
treatment on an ad hominem basis." American Can Co. v. Oregon Liquor Control
Com., 15 Or. App. 618, _(1973).
This means the resolution needs to bear a rational relationship between the activity
being regulated and public safety. This also means there must be reasonable
justification for classifying trucks which haul excavated hazardous waste and replace
with clean soil as being subject to the resolution. Further, the resolution should not
dictate the operation for the removal of the contaminated soil and replacement with
clean soil. In conclusion, when and if the City decides a resolution is needed to control
the Railroad's hazardous waste removal and replacement with clean soil, this office
should be consulted to help avoid successful constitutional challenges.
I hope this was helpful.
Beth
cc: Adam Hanks
Jim Olson
Mike Franell
LEGAL DEPARTMENT
20 East Main Street
Ashland, OR 97520
wwwashland.or.lIs
Tel: (541) 488-5350
Fax: (541) 552-2092
TTY: 800-735-2900
Michael W. Franell, City Attorney
Beth A. Lori, Assistant City Attorney
Sharlene P. Stephens, Legal AssistanVClaims Mgr.
Nancy Snow, Legal Secretary
Page 4 of 4
H:\Recent\Admin\Gino stuff\Railroad Prop\5 1006 Beth Railroad Union Pacific Soil
Removal.wpd
LEGAL DEPARTMENT
20 East Main Street
Ashland, OR 97520
W\'VW.ashland.or.L1s
Tel: (541) 488-5350
Fax: (541) 552-2092
TTY: 800-735-2900
Michael W. Franell, City Attorney
Beth A. Lori, Assistant City Attorney
Sharlene P. Stephens, Legal AssistanUClairns Mgr.
Nancy Snow, Legal Secretary
regon
Department of Env~ronmental Quality
""estern !legion Eugene Office
1102 Lincoln Strert, Suite 210
Eugene, OR 97401
(541) 686-7838
FAX (541) 686-755]
. TTY (541) 687-5603
...1 il kengreg@deq.slale.or.us
Theodore R. K ulongosk i. (On,"<rnn.
c.
May I l, 2006
'.
Mr. John W. Morrison
Mayor, City of Ashland
20 East Main Street
Ashland, OR 97520
RE: Ashland RailyanJ Cleanup
Dear Mayor Morrison:
Thank you for your May 2, 2006 correspondence in which you highlight concerns about the
possible use of trucks in the cleanup of Union Pacific Railroad's (UP's) Ashland railyard. Please
rest assured thai we are committed to working closely with the City of Ashland, its citizens, and
UP to ensure that the cleanup required by DEQ will be conducted in a manner that is protective
of human health and the environment.
To date we have not yet heard confirmation that UP intends to proceed with the railyard cleanup
this year, nor have we received any specific plans from them detailing how the cleanup would
take place. We understand that they are currently evaluating contractors' bids for a possible
cleanup this summer, and that they will use the bid information to determine if, and how, they
will proceed with cleanup this year. The trucking questions you raised in your letter are one of
the many logistics issues Ihat we expect to discuss in detail with UP and the City of Ashland as
soon as UP submits a workplan to DEQ for review and approval.
In advance of the detailed workplan expected in the next few weeks, we understand that UP is
planning to send a letter next week providing the City of Ashland ~llld DEQ with some
infonnation about their possible cleanup plans. In working with UP on several large-scale
cleanup projects elsewhere in Oregon, DEQ is confident that UP will be responsive to our shared
concerns about protecting public health while enabling this cleanup to occur in the interests of
local citizens and conmmnity development.
We look forward to providing the City of Ashland and its residents with any information we can
about this cleanup as UP consolidates its plans over the next several weeks. In the meantime,
please do not hesitate to contact me with any concerns and questions.
Mayor John W. lvlorrison
May II, 2006
Page 2
SincerelY?JtIt' . . f
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Gr~i Aitken
Pr6ject Manager
Cc: Ann Seltzer; Management Analyst, City of Ashland
Gary Honeyman, Environmental M<Ulager, UP Laramie
Max Rosenberg, Western Region Cleanup Manager, DEQ Eugene
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81
Gary L Honeyman
M1nagrr En\lironmcnul Silt RemcdiJlion
31 May 2006
John W. Morrison, Mayor
CityHaIJ
20 East Main Street
Ashland, Oregon 97520
1m lE @ @ 0 W ~ rn1
UtJ JUIt 0 5 1006 ~
By
Dear Mr. Morrison:
I would like to take this opporhmity to thank you and your staff for taking the time to meet
with me on 21 April 2006 to discuss the Union Pacific Ashland Railyard project. I believe our
meeting was informative and productive. I am writing this letter in response to your letter
dated 2 May 2006 to Mr. Greg Aitken at the Department of Environmental Quality (DEQ). I
would like to take this opportunity to provide some clarification to your letter.
Removing impacted soil via truck is the most common form of transportation for a project such
as this and is the quickest means to complete the project. Although this waste is non-hazardous,
Union Pacific takes the responsibility of moving this material seriously and will require the
contractor to employ accepted environmental precautions to mitigate impacted soils from
escaping the transport vehicle. During soil loading each truck will be carefully inspected to
prevent overfilling. The contractor will be required to line the body of each truck with a durable
plastic liner that meets or exceeds Oregon Department of Transportation requirements and to
cover each truck with a protective larp to mitigate dust emissions.
An estimated 45,000 cubic yards of impacted soil and debris is proposed for removal from the
site, not the 100,000 cubic yards of material referenced in your letter. Conservatively, this equals
approximately 58,000 tons. Based on H-20 highway loading, we anticipate, again
conservatively, approximately 2,200 truck loads of material will be transported offsite during
the duration of the project. Union Pacific proposes the following truck route from the Site to the
disposal facility. Trucks will leave the Site and tum right from Clear Creek Drive onto Oak
Street. The trucks will follow Oak Street until it intersects with Eagle Mill Road which turns into
Valley View Road. The trucks can access Interstate 5 northbound from Valley View Road. .
Union Pacific proposes to dispose of impacted soil at the Dry Creek landfill located in Central
Point.
Union Pacific proposes to haul backfill material via truck from a private land owner located
southwest of Ashland to the Site. The proposed truck route for transporting backfill to the Site
includes traveling on Tolman Creek Road to East Main Street turning right on North Mountain
\JNIONPAClfK JUILIlOAD 111 Hodg.m.n I....mi.. WY 81012 ph. DO)) 74~.b~~l "n07) H~.}041 <.130l) 71>0-011) glhoncymfolup.(um
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and into the Site. Union Pacific anticipates that approximately 2,200 truck loads of backfill
material will be transported to the Site.
Union Pacific proposes to expedite this project to minimize disruption to the City and residents.
Union Pacific's Contractor proposes to work 6 days per week Monday through Saturday from 7
am to 7 pm. Every third week, the Contractor will take one week off.
The use of rail haul for the transportation of the soil will greatly increase the length of time to
complete the project. The coordination of movement of the gondolas to and from the site will
require the interaction of two or more (depending on ultimate disposal facility) short line
railroads as well as Union Pacific. This presents logistical difficulties that frequently result in
project delays, multiple mobilizations by the contractor moving equipment into and out of the
site over surface roads, and stockpiled soil remaining onsite for an extended period while rail
cars are delivered to and removed from the site. The contractor's multiple mobilizations will
likely be more disruptive over a longer period of time to local busine!;ses and residents than will
the truck traffic within a much shorter time period. In addition the rail haul option will impact
the movement of other freight along a busy rail corridor through Central Oregon.. For all of
these reasons if rail haul is to be the only option, Union Pacific may have to forego the project
for an indefinite amount of time.
Union Pacific plans to conduct this work safely, efficiently and as quickly as possible so as to
minimize disruptions to the city of Ashland (City), and the residents and businesses of Ashland.
As stated in our meeting with you on 21 April 2006, Union Pacific would like to work with the
City and the city council during this process. 1 look forward to meeting with you and members
of the city council on 13 June 2006 to discuss how to complete this project using truck
transportation. Please contact me at (307) 745-6532 if you have any questions prior to our
scheduled meeting. Thank you for your time and consideration.
UNION P ACIFlC RAILROAD COMPANY
.1.'7 l 47",,,,,
Gary L. Honeyman
Manager, Environmental Site Remediation
cc: Greg Aitken, DEQ
Mike Sattler, Union Pacific
Mike Casey, Union Pacific
Joel Strafelda, Union Pacific
Mark Ochsner, Kennedy /Jenks Consultants
OFFICE OFTHE MAYOR
JOHN W. MORRISON
INCORPORATED 1874
Jur.e 12, 2006
E
Gary Honeyman
Union Pacific fulilroad
22 I Hodgeman
Laramie, Wyoming 82072
Dear Mr. Honeyman,
Thank you for your letter dated May 3 I which outlines Union Pacific's expectation to remove the
contaminated soils from the railroad property via truck and not rail.
1 have a few concerns that I hope you can address in our meeting on June 13.
· What is the weight of the fully loaded trucks? How many truck loads per day?
· What specific actions will be taken by the contractor and workers to mitigate airborne dust
particles?
· When, specifically, do you envision beginning this work? The route for the in-fill trucks passes
OUT Middle School. School begins in early September. I am concerned about the large number
of trucks passing the school during school hours.
· We will likely ask UPRR to post a bond of an undetermined amount should repairs or clean up
need to occur on our streets as a result of the project. This would of course be returned to UPRR
if it is not needed.
· The work schedule outlined for the trucks exceeds the times allowed by the city's noise
ordinance. That type of activity is limited to 7:00 a.m. to 6:00 p.m. on weekdays and 8:00 a.m.
to 6:00 p.m. on weekends (AMC 9.08. I 70). We would need to get a variance from the full
council in order to accommodate the proposed schedule.
· I stated this at our previous meeting, but want to reiterate that we need a contact to handle
concerns and complaints from citizens. I suggest a phone number that is answered and that does
not default to a voice mail system.
Finally, I want to emphasize that I see this project involving three entities: the City of Ashland, DEQ
and UPRR and trust that we will all work together toward a positive outcome. While ultimately this is a
DEQ and UPRR project, it will impact Ashland citizens in many ways and I am committed to ensuring
that their safety and health is not at risk.
I look forward to seeing you on Tuesday.
S;ncerely, _~
J ~:son, MayO"
C~d
,
----..
cc: Greg Aitken, DEQ, Mark Oshsner, Kennedy/Jenks Consultants
CITY HALL
20 EAST MAIN STREEI
ASHLAND. OREGON 97520
WWW.ASHLAND.OY.US
TEL 541-488-6002
FAX: 541.488-5311
TTY: 800.735.2900
TvU~ {SS5
June 2006
CITY Or
ASHLAND
f
Dear Neighbor,
The Union Pacific Rai]road (UPRR) intends to begin an environmental cleanup of the railroad property in Ashland in
preparation for the sale of the property. Essentially, the cleanup process will consist of the removal of contaminated
topsoil and its replacement with clean topsoil. Although contaminated, the earth to be removed IS not classified as
"hazardous".
UPRR had submitted a draft work plan to the department of environmental quality (DEQ) which explains how they
intend to clean the property. UPRR will use trucks, rather than railcars, to remove the contaminated soils, providing
more certainty about how the project proceeds. The project is currently set to begin in early August, and should take
approximately three months to complete.
UPRR has proposed a work schedule of three weeks on and one week off, working Monday through Saturday 7 a.m. _ 7
p.m. (We have advised UPRR of our noise ordinance requirements, with which they must comply). Tractor trailer
trucks will be used to remove the soil from the project site. UPRR estimates 30 truck loads per day will remove soil by
traveling down Oak SlIeet to Eagle Mill Road and out to ]-5. Smaller trucks will haul backfill dirt to the site from
Tolman Creek Road to East Main Street to North Mountain Avenue and enter the site adjacent to the tracks off North
Mountain Avenue. UPRR anticipates approximately 65 plus truck loads of backfill soil per day.
Oak Street is a designated truck route and as such is built to withstand these weights and frequencies. Our city engineer
has indicated that the proposed route from Tolman Creek Road is the best and the roads can withstand the proposed
weights and frequencies. As with all projects, however, there is a potential for damage to City streets. We have
requested UPRR post a bond, to be used for slIeet repairs. The City will be monitoring street conditions throughout the
project.
We have advised UPRR they will be passing Bellevue Elementary School and Ashland Middle School and have asked
Ihat they not roll trucks at the beginning and end of the school day, in order to mitigale traffic congestion for drop off and
pick up of students.
Oregon DEQ will be the lead agency in regulating dust, and they will insisl on besl management practices to prevent dust
leaving the site. The contractor will mitigate dust by spraying the site regularly with water and keeping truck speeds at a
minimum. They will post dust monitors around the perimeter of the site. Trucks will be washed and wheels scraped
before leaving the sile to prevent track out.
Two last things - First, DEQ will be making two presentations regarding this project; one to the city council on July 13
at 5:15 p.m. (city council chambers at 1175 East Main Street) and one later in July or early August DEQ for the
community before the project actually starts. Second, we've asked the contractor to have a person available who can
answer cilizen questions during the course of the projec.t and who can give us at least weekly updates. This information
will be posted on our website as soon as ] have received it.
Please keep an eye on our City's website (www.ashland.or.us) for further updates on this project. Additionally, please
don't hesitate to call me or Ann Seltzer, staff liaison to the project, with any questions you might have. We can both be
reached aI488-6002. Thank you in advance for your patience.
Sincerely, ~
~~n.M' ~:~
~shland
CT
Ashland City Council
Manha Brnnw, Cily Administrator
City of Ashland Drpanmcnlllrads
CITY OF
ASHLAND
Council Communication/Study Session
Discussion of Draft Charter and Draft City Manager
Meeting Date: July 13, 2006
Department: Administration
Contributing Departments: Le~~
Approval: Martha Benne
Estimated Time 1.5 hours
Primary Staff Contact: Ann Seltzer ps.\
ann@ashland.or.us
Secondary Staff Contact: Mike Franell
franellm@ashland.or.us
Statement:
At the city council special meeting on February 9,2006, the council reviewed the draft Ashland model
City Charter and City Manager Amendment presented by consultant Tom Sponsler. Council directed
the City Attorney to re-draft the Ashland model City Charter prepared by Sponsler, and to bring it and
the City Manager Amendment to the council at a future meeting.
Background:
At the city council special meeting on December 1, 2005 the council reviewed three possible options
for moving forward with the Charter Review Committee recommendations.
Council voted to have charter consultant Tom Sponsler draft two documents;
· an Ashland model charter, which contains all of the recommendations brought forward by the
Charter Review Committee - with the exception of the following 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,
· a second document addressing recommendation #1 which would be presented to voters as a
separate ballot measure.
In addition, council wanted to discuss the committee's recommendation to study the issues of the City
Recorder and the committee's recommendation to study the issues of the Municipal Judge. Council
asked city attorney Mike Franell to draft language regarding council salaries.
A review of the city charter was a 2004-05 council goal. A charter review committee was appointed
during the summer of2004 and presented its final report to the Council on July 19,2005. Council
reviewed and discussed the committee recommendations at the council study session on November 7
and agreed to a special council meeting to finish the review and give staff specific direction.
Suggested Next Steps for Council
Review draft language and determine if the documents are ready to be prepared as ballot titles by the
City Attorney and direct staff to prepare draft ballot titles and ballot language for review by the council
at the meeting on August 15. If approved by the council, forward the ballot titles to Jackson County
for inclusion in the November election.
1
Council Options:
· Direct staff to prepare ballot titles and ballot language for the Ashland model charter and the
City Manager Amendment for review at the August 15 regular council meeting.
· Direct staff to defer the implementation of the work of the Charter Review Committee until
council expresses a renewed interest in reviewing and/or modifying the charter.
Staff Recommendation:
Discuss the draft city charter and the draft city manager amendment. Determine whether or not
to move each document forward and request the City Attorney to draft each document in ballot
language for the November election.
Attachments:
· Draft Ashland City Charter by city attorney Mike Franell
· Draft City Manager Amendment by Tom Sponsler
· Existing water provision language in question (Article XVI) and draft alternative language
prepared by City Attorney, Mike Franell. 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
Based on February 9, 2006 Tom Sponsler draft
With amendments.
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
DRAFT NEW CITY CHARTER Thomas Sponsler
February 9, 2006 with amendments by City Attomey)
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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. Mayor.
(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;
(3) Encourage and support regional and intergovernmental cooperation;
(4) Promote cooperation among the council, staff and citizens; and
(5) 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 ordinance or 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 is a quorum
to conduct business, but a smaller number may meet and compel attendance of absent
members as prescribed by council rules.
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.
(Based on 2004 LOC Model Charter
Bold provisions are based on current Ashland Charter
Italic & bold provisions change with city manager
DRAFT NEW CITY CHARTER Thomas Sponsler
February 9, 2006 with amendments by City Attomey)
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Section 14. Record. A record of council meetings must be kept in a manner prescribed 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 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.
(I) If the mayor vetoes the ordinance, the mayor must return it to the recorder with
written reasons for his veto within five business 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.
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.
(Based on 2004 LOC Model Charter
Bold provisions are based on current Ashland Charter
Italic & bold provisions change with city manager
DRAFT NEW CITY CHARTER Thomas Sponsler
February 9, 2006 with amendments by City Attomey)
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(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 available in
writing to the public before the council adopts the resolution at that meeting.
(c) After approval of a resolution or other administrative decision, the vote of each
member must be entered into the council minutes.
(d) After approval of a resolution, the recorder must endorse it with the date of approval
and the recorder's name and title. The recorder must submit 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 business days of receipt of the resolution. If
the resolution is not returned, it takes effect as if approved.
(t) 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 signed by the mayor, or on a later day provided in the resolution.
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 each
member must be entered in the council 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 effect
on the date of final approval, or on a later day provided in the order or by ordinance.
(Based on 2004 LOC Model Charter
Bold provisions are based on current Ashland Charter
Italic & bold provisions change with city manager
DRAFT NEW CITY CHARTER Thomas Sponsler
February 9, 2006 with amendments by City Attorney)
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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. Mayor. At the general election held November 2008, and every other general
election thereafter, a mayor will be elected for a four-year term. The term of the mayor in
office when this charter 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. Oualifications.
(a) To hold a city elective position, each person must be a qualified elector under state
law, and reside within the city [for at least one year immediately] before election or
appointment to office.
(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 riling
a nomination petition or a declaration of candidacy on a form prescribed by the
secretary of state and available from the city recorder.
(b) A declaration of candidacy must be accompanied by the riling fee, if any,
established by council resolution.
(c) A nomination petition must contain signatures of not fewer than 25 city-qualified
electors.
(d) The council may prescribe by ordinance other procedures for the nomination and
election of persons for city elective positions.
Section 29. Terms. The term of an officer elected at a general election begins when the
officer is sworn in after the first of the next year immediately after the election, 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.
Section 31. Vacancies: A city elective position becomes vacant:
(a) Upon the incumbent's:
(1) Death,
(Based on 2004 LOC Model Charter
Bold provisions are based on current Ashland Charter
Italic & bold provisions change with city manager
DRAFT NEW CITY CHARTER Thomas Sponsler
February 9, 2006 with amendments by City Attorney)
G;\Iegal\Mike\Charter Review\Draft New City Charter 7-10-06.doc
Page - 5
(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,
(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, 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 tem.
Chapter VIII
OTHER ELECTIVE OFFICERS
Section 33. City Recorder.
(a) The office of city recorder is established as the council clerk, city custodian of
records and city elections official. The recorder must attend all council meetings
unless excused by the mayor or council. The recorder must make payments of all
city funds appropriated by the council, and may audit city accounting records.
(b) At the general election November 2010 and every other general election after
that, a recorder will be 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.
Section 34. Municipal Court and Judge.
(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 judge must be admitted to practice in the Supreme Court of
Oregon.
(b) At the general election in November 2010 and every other general election after
that, a municipal judge will be elected for a four-year term. The term of the
municipal judge in office when this charter is adopted is the term for which the
judge was elected.
(Based on 2004 LOC Model Charter
Bold provisions are based on current Ashland Charter
Italic & bold provisions change with city manager
DRAFT NEW CITY CHARTER Thomas Sponsler
February 9, 2006 with amendments by City Attomey)
G:\legal\Mike\Charter Review\Draft New City Charter 7-10-06.doc
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(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 are within
the territorial jurisdiction of the court.
(d) The municipal court has jurisdiction over every offense created by city ordinance. The
court may enforce forfeitures and other penalties created by such ordinances. The court
also has jurisdiction under state law unless limited by city ordinance.
( e) The municipal judge may:
(1) Render judgments and impose sanctions on persons and property;
(2) Order the arrest of anyone accused of an offense against the city;
(3) Commit to jailor admit to bail anyone accused of a city offense;
(4) Issue and compel obedience to subpoenas;
(5) Compel witnesses to appear and testify and jurors to serve for trials;
(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 of the functions of the 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. The mayor with the consent of the City Councilors
must appoint and may remove the attorney. The attorney must appoint and supervise, and
may remove any legal office employees.
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 may 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 XI
PUBLIC IMPROVEMENTS
(Based on 2004 LOC Model Charter
Bold provisions are based on current Ashland Charter
Italic & bold provisions change with city manager
DRAFT NEW CITY CHARTER Thomas Sponsler
February 9, 2006 with amendments by City Attomey)
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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 procedure for levying, collecting and enforcing
special assessments for public improvements or other services charged against real
property will be governed by ordinance.
Chapter XII
MISCELLANEOUS PROVISIONS
Section 41. Hospital The council has authority to own, operate and conduct a
municipal hospital.
Section 42. Cemeteries The council has authority to f"mance the maintenance and
upkeep of public and private cemeteries within the city.
Section 43. Park & Recreation Commission
(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 f"mance 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 council concerning land and easement
acquisitions for the program. After such acquisition, the commission will
administer, develop and 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.
(Based on 2004 LOC Model Charter
Bold provisions are based on current Ashland Charter
Italic & bold provisions change with city manager
DRAFT NEW CITY CHARTER Thomas Sponsler
February 9, 2006 with amendments by City Attomey)
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Section 44. Airport The council has authority to acquire, own, conduct and operate
a municipal airport either within or outside city boundaries.
Section 45. Ethics The council shall by ordinance establish provisions relating to the
standards for ethical conduct of the City's elected officials, appointed officials and
employees.
Section 46. Charter Review At least every 10 years beginning in 2015 the council
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 f"mdings, conclusions and recommendations,
including any proposed amendments to the city charter.
Section 47. Debt. City indebtedness may not exceed debt limits imposed by state law. A
charter amendment is not required to authorize city indebtedness.
Section 48. Ordinance Continuation. All ordinances consistent with this charter in force
when it takes effect remain in effect until amended or repealed.
Section 49. Repeal. All charter provisions adopted before this charter takes effect are
repealed.
Section 50. 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 51. Time of Effect. This charter takes effect July 1.2007.
(Based on 2004 LOC Model Charter
Bold provisions are based on current Ashland Charter
Italic & bold provisions change with city manager
DRAFT NEW CITY CHARTER Thomas Sponsler
February 9, 2006 with amendments by City Attomey)
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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. 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
[(j) 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:
(l) Death,
(2) Adjudicated incompetence, or
(3) Recall from the office.
(b) Upon declaration by the council after the incumbent's:
(I) 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. Citv Manal!er.
(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 manager. 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 ofthe 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.
(f) 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
Bold words are added to the Draft Ashland Charter
[Bracketed and italics words are deletedfrom the Draft Ashland Charter]
2
DRAFT NEW CHARTER CITY MANAGER
Thomas Sponsler
February 9, 2006
(g) The manager and other employees designated by the council may sit at council
meetings but have no vote. The manager may take part in all council discussions.
(h) When the manager is temporarily disabled from acting as manager or when the
office becomes vacant, the council must appoint a manager pro tern. The manager
pro tern has the authority and duties of manager, except that a pro tern 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 hearing. 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 - 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.
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 franchise 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 Back2round:
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 existing
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.]
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 beyond 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
1 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 extent, the
Medford Mail Tribune.
./ Submission of letters 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
reVl ew.
./ 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 ih 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 service.
./ 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 generate
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: 1) 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 of local government:
../ The mayor-manager/administrator relationship
../ Mayoral veto/ability to vote on council issues
../ Appointment of city commissions/committees
../ Election of city council by positions
../ Election of the city recorder
../ Election of the municipal judge
../ Election/powers of the Parks Commission and related issues re: the organization
of the Parks Department
../ City Band
Later in our discussions we identified two additional issues that seemed to warrant
investigation: 1) council salaries; and, 2) periodic charter review.
Key Recommendations
.
1. The City of Ashland should be governed by a partnership between the
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 of the 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 hislher 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 himlher to serve as a hands-on administrator; and, 2) that
designation of a city manager could concentrate too much power in the hands of an
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 responsibilities 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 the 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 the 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 himlher 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 of the veto produces
contention instead of consensus; and, 3) that the mayor's ability to cast a vote is a
stronger investment of political power than is contained in the occasional veto.
Outcome: The recommendation was endorsed by the committ.ee 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 majority.
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 hirn/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 failed, 7-
1.
(See Appendix III: Structure of Government)
4. The current position system for selecting council members should be
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: 1) 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 dismissed for
lack of interest included changing the number of council members, imposing term 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 committee 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 ofthe 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 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 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 ofthe 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 ofthe 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 streamlined to
combine the Parks Commission and the Recreation Commission. Finally,
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 of the existing charter (part of the original 1908 document)
establishes the Parks Commission as an elected body of five residents invested with 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 independence;
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 voters
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 Citizens'
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 the
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 langllage 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 the
band's funding requirements.
(See Appendix VIJJ: 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, ~ach 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 question 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. We 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 Committee
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 Xl: Suggested Language for Article J 6, Section J)
Items to be changed or eliminated in the charter.
ARTICLE SECTION TITLE ACTION REASON
I 3 Boundaries: 2ND Remove State law ORS
sentence ORS 192
OAR 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 "Dillon's Rule"
Council Where express
powers are
granted, only those
powers and those
necessary to carry
out the granted
power are given.
See City of
Corvallis v.Carlile,
10 or 139 (1882)
Broad powers grant
overcomes this
limitation.
XI 1&4 Public Improvements 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
member of the
police staff to be
present 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 Keep 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, Proceedings line 3 to end
XVI 4 Repeal of previously Remove History of
enacted provisions amendments are
public record
pursuant to public
records laws ORS
192
XVII All Hospital Remove Committee is
except for uncertain what the
Section 1 current relationship
Study is with the hospital
remaining and is hesitant to
sections to remove all
explore current language until
relationship clarified. Leave
with hospital. Section 1 if
language is
accurate after
study.
XVIII All Cemeteries Trust Remove all Create 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:
V oter Involvement: As a first priority, the council should launch a voter awareness
campaign designed to provide residents with information on the proposed charter 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 fommlpublic 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, stmctured 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:
1) 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 of us if you need background information,
clarification of our recommendations, or additional insight into our decision rationale.
13
INTRODUCTION 00 History of the 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 of Women 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 Citv The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow municipalities, as
fully as though this Charter specifically enumerated each of those powers, as well as all powers not
inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically
granted. All the authority thereof shall have perpetual succession.
Section 2. Construction of the Charter In this Charter, the mention of a particular power shall not be
construed to be exclusive or to restrict the scope of the powers, which the City would have if the
particular power were not mentioned. The Charter shall be liberally construed to the end that the City
II
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. Qualifications All elective officers except the Municipal Judge shall be residents and
qualified voters in the City. (Charter amendment 5-23-78).
Section 3. Salaries Any change in the amount of the present compensation received by elective officers,
except for the Recorder and Municipal Judge, shall be submitted to the vote of the people; however, the
salary ofthe elected Recorder shall be in the amoupt being paid in 1974 and be adjusted starting with the
fiscal year 1974-75 in the same percentage as the avemge salary adjustments of the other supervisory
employees and department heads of the City of Ashland; further, the salary of the Municipal Judge will
initially be the same as for the year 1978-79 and thereafter to be adjusted in the same percentage as the
avemge salary adjustment of the other supervisory employees and department heads of the City of
Ashland. (Charter amendment 5-23-78).
Section 4. Vacancies An office shall be deemed vacant upon the incumbent's death; adjudicated
incompetence; conviction of a felony; other offense pertaining to his/her office, or unlawful destruction of
public records; resignation; recall from office or ceasing to possess the qualifications for the office; or, in
the case of the Mayor or Council Member, upon his/her absence from the City for thirty (30) days without
the consent of the 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 expel any member
of the Council for disorderly conduct in Councilor inattention to duties. No Council member shall be
expelled without notice and a hearing by the Council.
Section S. Term The term of all elective officers shall begin the first day of January following their
election.
Section 6. Interest in City Contmcts During the term of office, no elective officer shall violate any
provision ofthe 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 pennanent record made of the vote
thereon.
ARTICLE 5 Council Members
Section 1. Terms The Council members in office at the time this Charter is adopted shall continue in
office, each until the end of his/her term of office as fixed by the Charter of the City in effect at the time
this Charter is adopted. At each biennial general election after this Charter takes effect, three Council
members shall be elected, each for a term of four (4) years.
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 off our (4) years.
Section 2. Powers and Duties The Recorder shall act as Clerk of the Council and shall keep plain and
correct records of all business and proceedings of the Council. He/she shall maintain a file of all papers
presented to him/her officially, and safely keep all files, records and papers of the corporation pertaining
to his/her office, and these shall be open to the public. At the expiration of his/her term of office, he/she
shall turn over to his/her successor any and all records, books, and papers pertaining to said office.
The Recorder must draw all orders for the proper payment of monies against the proper funds that have
been appropriated by the City Council, and, together with the Mayor, sign the same. He/she may make
periodic audits of all City accounting records.
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 thirty (30) days
without the consent of the Council, carelessness or inattention to the duties of the Recorder, shall be
grounds for the Council to declare the office vacant; and it may fill such vacancy in the same manner as
vacancies in the office of Council members are filled.
Section 4. Absence In the Recorder's absence, the Mayor shall appoint a Clerk of the Council Pro T em
who, while acting in that capacity, shall have all the authority and duties of the Recorder.
ARTICLE 6A Judge
Section 1. Term At the biennial general election held in 1978, and every fourth year thereafter, a Judge
shall be elected for a term offour (4) years. (Charter amendment 5-23-78)
ARTICLE 7 Elections
Section 1. Remlar 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 Remlar Elections The Recorder, pursuant to directions from the Council, shall give
at least ten (10) days notice of each regular City election by posting notice thereof at a conspicuous place
in the City Hall, and by publication in a newspaper of wide and general circulation published in the City
of Ashland. The notice shall state the officers to be elected, the ballot title of each measure to be voted
upon, and the time and place of the election.
Section 3. Soecial Elections The Council shall provide the time, manner and means for holding any
special election which shall comply with applicable State laws. The Recorder shall give at least ten (10)
days notice of each special election in the manner provided by the action of the Council ordering the
election.
Section 4. Remlation of Elections Except as this Charter provides otherwise and as the Council provides
otherwise by ordinances relating to elections, the general laws of the State shall apply to the conduct of all
City Elections, recounts of the returns therefrom, and contests thereof.
Section S. Nominations A qualified elector may be nominated for an elective City office to be filled at
the election. The nomination must be by a petition that specifies the office sought and must be in a form
prescribed by the Council. The petition shall be signed by not fewer than twenty-five (25) electors, and
with the candidate's written acceptance of such nomination. No elector may sign more than one petition
for each office to be filled at the election. If he/she does so, his/her signature will be valid only on the
first sufficient petition filed for the office. The signatures to a nomination petition need not all be
appended to one paper, but to each separate paper of the petition shall be attached an affidavit of the
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 candidate may be
filed, within the regular time for filing nomination petitions. All nomination papers comprising a petition
shall be assembled and filed in final form as one instrument with the Recorder not less than twelve (12)
days before the date that the Recorder must file the same with the County Clerk. (Charter Amendment
11-2-82)
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" evidence 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 affmn that he/she will support the constitutions and laws of the United States, the State of
Oregon, and the Charter and laws of the City of Ashland, and that he/she will faithfully perform the duties
of his/her office.
ARTICLE 8 Council
Section 1. Where Powers Vested Except as this Charter provides otherwise, all powers of the City shall
be vested in the Council and the Mayor.
Section 2. Composition The Council shall be composed of six (6) Council members elected in the City
at large and by position number. Each position shall bear a number running from one (No.1) through six
(No.6), and any candidate for Council shall, starting with his/her nominating petition, designate the
number of the Council seat to which he/she seeks election; further, one candidate may only run for one
position at an election.
The Council members whose terms of office expire with the end of 1972 shall be assigned seat numbers
1, 3 and 5; 1974 shall be assigned seat numbers 2, 4 and 6. Within the scope of the preceding provision,
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 four (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. Mavor's Function at Council Meetings The Mayor shall preside over the deliberations of the
Council. He/she shall rulve authority to preserve order, enforce the rules of the Council, and determine
the order of business under the rules of the Council.
Section 8. Chair of the Council At the fIrst regular meeting of the Council in January of each year, the
Council shall by ballot elect a Chair of the Council from its membership to serve for one (1) year. He/she
shall, during all times when the Mayor is absent or unable to attend to hislher duties or act in any matter,
have and exercise the powers and perform the duties of the Mayor, except that he/she shall retain hislher
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 Reauired 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 AsWand 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 fIne or imprisonment of such offender, until such fIne an~ 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. Levv 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 AsWand 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
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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 dates 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 lb. Hos1>itallnu>rovement 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. Soecial 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 I 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 when required for
municipal purposes, which orders and notes shall bear a reasonable rate of interest and shall not aggregate
at any time to exceed $5,000.00.
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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 electors of said
City; or in rebonding any bonded indebtedness of the City when the same is due and payable 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. Enactin2 Clause The enacting clause of all ordinances hereafter enacted shall be: The People
of the City of Ashland do ordain as follows:".
Section 2. Mode of Enactment
(a) Except as the second and third paragraphs of this Section provide to the contrary, every ordinance
of the Council shall, before being put upon its final passage, be read first fully and distinctly in open
Council meeting and then on a different date by title only, unless a Council member or the public requests
that it be read in full for a second time, and it shall then be read fully and distinctly.
(b) Provided all conditions set forth in Paragraph (C) have been met, an ordinance may be enacted at
a single meeting of the Council by unanimous vote of all Council members present upon being read first
in full and then by title.
(c) The fITst reading may be by title alone if no Council member present at the meeting, or the public,
requests to have the ordinance read in full, and if a copy of the ordinance is provided for each Council
member and three (3) copies are provided for public inspection in the office of the City Recorder not later
than one (1) week before the first reading of the ordinance and if notice of their availability is given
forthwith upon the filing, by written notice posted at the City Hall and by advertisement in a newspaper of
general circulation and published in the City. An ordinance enacted after being read by title alone may
have no legal effect if it differs substantially from its terms as it was thus filed prior to such reading,
unless each section incorporating such a difference is read fully and distinctly in open Council meeting as
finally amended prior to being approved by the Council.
(d) Upon the final vote on an ordinance, the ayes and nays of the members shall be taken and entered
into the record of the proceedings.
(e) Upon the enactment of an ordinance, the Recorder shall sign it with the date of its passage and
hislher 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 property 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 wide 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 oftbe Council
Section 1. Duties It shall be the duty of the Council immediately after the receipt of the certificate of the
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 certified 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 colwnns 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 ~laced 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. Apoointive 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. Seoarate Police and Fire Deoartments The City of Ashland shall maintain a fire department
which is separate and distinct from the City police department. The employees of one department shall
not be assigned to do the job functions of employees in the other department. (Charter amendment 1-4-
86)
Section 3. Qualifications. Duties. and Salaries The Council shall, by ordinances, prescribe the duties of
appointive officers, and determine their compensation and qualifications, except the Municipal Judge
shall be a member of the Oregon State Bar. The Council may designate any appointive officer to
supervise any other appointive officer, except the Municipal Judge in the exercise of his/her judicial
duties.
Section 4. Removal The Mayor, with the consent of the Council, may suspend and remove any
appointive officer at any time.
Section S. Interest in City Contracts Except as provided otherwise by law, no officer, agent or employee
shall have any interest in any City contract made by him/her in his/her official capacity or by any public
committee, board, commission or department of which he/she is a member, agent or employee, except
that the employment of the officer, agent or employee shall not be considered a contract for the purposes
of this section.
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/her 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.
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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 given concurrent
jurisdiction. He/she shall have authority to issue process for the arrest of any person accused of an
offense against the ordinances and Charter of the City, to commit any such person to jail or admit himlher
to bail pending trial, to issue subpoenas, to compel obedience to such subpoenas, to issue any process
necessary to carry into effect the judgments of the Court, and to punish witnesses and others for contempt
of the Court. The Judge shall make a monthly report of the Court's proceedings in writing to the City
Council.
Section 3. Term The term of the Municipal Judge shall be four (4) years. (Charter amendment 5-23-78).
Section 4. m A defendant may have a jury of six (6) members by demanding the same. Any jury
chosen shall be governed by the laws of the State of Oregon relating to juries in the District 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. Existimz Ordinances. Acts. Proceedings All existing ordinances in force when this act takes
effect and not inconsistent herewith shall be and remain in full force after this act takes effect and
thereafter until repealed by the Council. All actions and proceedings pending and all unfinished business
whatsoever when this act takes effect shall thereafter be proceeded with according to the provisions of
this act or any City ordinance applicable thereto and continued in force by this act. No suit, action or
proceeding now pending in any Court shall abate by virtue of this act, and all persons in office shall
continue to receive such compensation for their services during the balance of their term as appertained to
the office at the time they were respectively elected or appointed thereto; and all rights vested or liabilities
incurred when this act takes effect shall not thereby be lost, impaired or destroyed; all bonds theretofore
issued by said City are hereby declared to be valid and of full forc.e 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 Previously-Enacted Provisions All Charter provisions of the City enacted prior to
the time that this Charter takes effect are hereby repealed, except the provisions of the legislative Charter
of 1898 relating to the Powers of the Chief of Police; that is, Article X, Section 1 compiled herein as
Article XIV, Section 1; Powers and Duties of the Council - Taxation; that is, Article XII, Sections 1 and
2, compiled herein as Article XII, Sections 1 and 2; and Territory Excepted for Road Purposes and
Licensing Purposes; that is, Article XVII, Section I, compiled herein as Article XII, Section 3; and those
provisions of the previous Charter Amendments included in the following:
· Article VIT, Section 1, amended 11-2-54, compiled herein as Article IX, Section 1
· Article VII, Section 2, amended 1-28-09, compiled partially herein as Article IX, Sections 2 and 3
· Article VII, Section 3, of 1898 Charter, compiled herein as Article IX, Section 5
· Article XXVIII, Sections 1 and 2, amended 11-4-30 and 10-16-59, compiled herein as Article XVII,
Sections 1 and 2
· Article XIX, Sections 1, 2, and 4, amended 12-15-08, and Section 3, amended 4-23-51, compiled
herein as Article XIX, Sections 1, 2, 3 and 4
· Article XXVII, Sections 1,2,3, and 4 amended 11-11-28, compiled herein as Article XVIII, Sections
1,2,3, and 4
· Article XXIX, Section 1, amended 11-4-30, compiled herein as Article XX, Section 1
· Article XXXI, Section 1, amended 1938, compiled herein as Article XXI, Section 1
· Article X, Section 2, amended 7-17-19, compiled herein as Article XIV, Section 2
· Article XIX, Section l-C, amended 3-12-57, compiled herein as Article XIX, Section l-C
Section s. 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 for 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, determine, which bonds
shall be known as "Hospital Bonds". The particular form of said bonds, the maturities thereof, the rate of
interest thereon, and such other details of their issuance and sale as are not herein mentioned shall be
determined by the Council in the exercise of its best judgment in order to carry out the intention hereof.
That it shall be the duty of the Council to attend to the proper application of the funds derived from the
sale of said bonds and the purchaser or purchasers thereof shall in no 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 include 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 each 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 tenns 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 15, 1908 and
May 13, 1912, are hereby reserved and forever dedicated to the people of the City for park purposes and
shall never be sold, leased, encumbered or used for any purpose inconsistent therewith; provided,
however, that such public buildings as may enhance the beauty of said park, or that shall not detract
therefrom, may be constructed if so directed by a maj ority 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 corner of the Chamber of Commerce
building; thence, southerly along the base of the hill to southern side of pond in lower
park; thence, east to ditch carrying water to waterfall; thence, southerly along ditch 150
feet; thence, east 110 feet to west side of Hargadine Street; thence, northerly on west line
of Hargadine Street to northeast corner of park property; thence, following the
meandering north line of park property to place of beginning, containing approximately
two acres for the purpose of remodeling and expanding the present Festival theatre and
the construction of additional buildings which are hereby designated as public buildings
for use by the Oregon Shakespearean Festival Association for any of the purposes
authorized by the corporate charter of said association, said use to be on such terms and
conditions as the Ashland Park Commission, with the consent of the Common Council,
deems in the best interests of the City; provided, however, that any lease shall not exceed
a period of ninety-nine (99) years.
Section 2. Park Commission The certain board created by a vote of the qualified electors of the City of
Ashland, Oregon, at a special election held on the 15th day of December, 1908, which became effective
by the proclamation of the Mayor published on the 17th day of December, 1908, and known and
designated as the "Ashland Park Commission", be and the same, as constituted and created by said
Charter amendment, and as now existing, is hereby perpetuated and continued as five (5) members with
all the powers conferred and duties imposed by said Charter amendment and ordinances of the City of
Ashland.
Provided, that at the general biennial election to be held on the first Tuesday after the first Monday in
November, 1920, two commissioners shall be elected to serve for the term offour (4) years from the first
day of January, 1921, and that at the general biennial election to be held in November, 1922, three
commissioners shall be elected to serve for the term of four (4) years from the first day of January, 1923,
and that the term of office for each succeeding commissioner shall be four (4) years unless elected to fill a
vacancy, in which event he/she shall be elected to serve until the first day of January following the next
succeeding biennial election after any such vacancy. Provided, further, that each of the commissioners
now constituting the present Ashland Park Commission shall hold office for the term for which he/she
was elected, and until hislher successor is elected and qualified.
Section 3. Fundin2 The said Park Commission shall have control and management of all the lands here
dedicated for park purposes and of all other lands that may hereafter be acquired by the City for such
purposes. They shall have control and management of all park funds, whether the same is obtained by
taxation, donation or otherwise, and shall expend the same judiciously for beautifying and improving the
City's parks.
It shall be the duty of said Commission and they shall, at the beginning of each month, file with the City
Recorder for the information of the City Council and the public, a report of their doings for the preceding
month. Such report shall specify all funds on hand and the source from whence obtained. It shall carry a
clear statement of all monies expended and for what purpose. All purchases ~de 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 (4-112)
mills on the dollar to meet such requirements, which, when collected, shall be deposited with the City
Recorder subject to the order of said Commission. The levy herein authorized shall be outside the
limitation on taxation set forth in Article XI, Section II of the Constitution of Oregon.
Section 4. SalarY: Government The said Commission shall serve without pay and shall have power to
14
formulate and adopt rules and regulations for their govenunent and for the purpose of canying into effect
the purposes of their creation as Park Commission. They shall enter upon the discharge of their duties
inunediately upon their organization and shall, as soon as may be expedient, cause a map or maps to be
made of the lands herein dedicated, and shall make the same conform to the descriptions contained in the
instruments by which said City obtained title thereto; which said instruments shall be considered as
canying 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 reconunendations to
the City Council concerning priorities for land and easement acquisitions for the Open Space Park
Program. After dedication of land to the Open Space Park Program, the Ashland Park Commission shall
be responsible for the administration, development and operation of such lands.
Section 2. Land and Easement ACQuisition Procedures Both the Ashland Park Commission and the City
Council must agree upon land or easements to be acquired for open space park purposes. Before any land
or easements that have been acquired for the Open Space Park Program are disposed of and released from
the Program there shall be a public hearing. Disposal shall be by Ordinance, which shall not contain an
emergency clause, thus giving to the people of the City of Ashland the opportunity to petition for a
referendum. Land or easements acquired for open space park purposes shall be dedicated by the City
Council for such purposes. Such dedicated lands or easement shall be under the control and management
of the Ashland Park Commission. The City Council shall not use the power of condemnation to acquire
fee simple ownership of any land for Open Space purposes or for trails. (Amended 8-14-90)
Section 3. Resources Monies dedicated to the Open Space Park Program shall be expended only for
Open Space lands or easements, for costs of acquisition and for such other purposes pertinent to the Open
Space Park Program as the Council and Park Commission may jointly determine. All monies dedicated
for acquisition of Open Space Park Program lands shall remain under the fmancial 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 Puroose of Ooen 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 ensuing year,
such estimate shall be presented and considered with the other items in the annual budget and there shall
be included in the genera1levy 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 Conunission is hereby created to be composed ofthe five (5) Ashland
Park Conunissioners and their terms of office shall be the same.
Section 2. The powers and duties of the Recreation Conunission shall be as set forth in this Charter, the
Ordinances of the City of Ashland, and by any other applicable law.
Section 3. Any funds to be spent by the Recreation Commission for recreation purposes shall be from
such funds as may be appropriated from time to time by the City Council, and in no event shall any funds
be spent for recreation purposes that are received pursuant to Article XIX of this Charter and which
relates to the Park Conunission and a levy for park purposes.
16
DOCUMENTS SUBMITTED AT THE
JULY 13, 2006
CITY COUNCIL STUDY SESSION
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Charter Article XVI, Section]
Water
6/29/05
Existing Language
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.
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 franchise 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.
DRAFT NEW CITY CHARTER
Based on February 9, 2006 Tom Sponsler draft
With amendments.
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 ofthose 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
DRAFT NEW CITY CHARTER Thomas Sponsler
February 9, 2006 with amendments by City Attorney)
G:\legal\Mike\Charter Review\Draft New City Charter 7-10-06.doc
Page - 1
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. Mayor.
(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.
(I) 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) Encourage and support regional and intergovernmental cooperation;
(4) Promote cooperation among the council, staff and citizens; and
(5) 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 ordinance or 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 is a quorum
to conduct business, but a smaller number may meet and compel attendance of absent
members as prescribed by council rules.
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.
(Based on 2004 LOC Model Charter
Bold provisions are based on current Ashland Charter
Italic & bold provisions change with city manager
DRAFT NEW CITY CHARTER Thomas Sponsler
February 9, 2006 with amendments by City Attomey)
G:\legal\Mike\Charter Review\Draft New City Charter 7-10-06.doc
Page - 2
Section 14. Record. A record of council meetings must be kept in a manner prescribed 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 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.
(1) If the mayor vetoes the ordinance, the mayor must return it to the recorder with
written reasons for his veto within five business 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.
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.
(Based on 2004 LOC Model Charter
Bold provisions are based on current Ashland Charter
Italic & bold provisions change with city manager
DRAFT NEW CITY CHARTER Thomas Sponsler
February 9, 2006 with amendments by City Attomey)
G:\legal\Mike\Charter Review\Draft New City Charter 7-10-06.doc
Page - 3
(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 available in
writing to the public before the council adopts the resolution at that meeting.
(c) After approval of a resolution or other administrative decision, the vote of each
member must be entered into the council minutes.
(d) After approval of a resolution, the recorder must endorse it with the date of approval
and the recorder's name and title. The recorder must submit 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 business days of receipt of the resolution. If
the resolution is not returned, it takes effect as if approved.
(t) 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 signed by the mayor, or on a later day provided in the resolution.
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 each
member must be entered in the council 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 effect
on the date of final approval, or on a later day provided in the order or by ordinance.
(Based on 2004 LOC Model Charter
Bold provisions are based on current Ashland Charter
Italic & bold provisions change with city manager
DRAFT NEW CITY CHARTER Thomas Sponsler
February 9, 2006 with amendments by City Attorney)
G:\legaI\Mike\Charter Review\Draft New City Charter 7-10-06.doc
Page - 4
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 the general election held November 2008, and every other general
election thereafter, a mayor will be elected for a four-year term. The term of the mayor in
office when this charter 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 elective position, each person. except the Municipal Judge. must be a
qualified elector under state law, and reside within the city [for at least one year
immediately] before election or appointment to office.
(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
secretary of state and available from the city recorder.
(b) A declaration of candidacy must be accompanied by the filing fee, if any,
established by council resolution.
. (c) A nomination petition must contain signatures of not fewer than 25 city-qualified
electors.
(d) The council may prescribe by ordinance other procedures for the nomination and
election of persons for city elective positions.
Section 29. Terms. The term of an officer elected at a general election begins when the
officer is sworn in after the first of the next year immediately after the election, 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.
Section 31. Vacancies: A city elective position becomes vacant:
(a) Upon the incumbent's:
(1) Death,
(Based on 2004 LOC Model Charter
Bold provisions are based on current Ashland Charter
Italic & bold provisions change with city manager
DRAFT NEW CITY CHARTER Thomas Sponsler
February 9, 2006 with amendments by City Attorney)
G:\legal\Mike\Charter Review\Draft New City Charter 7-10-06.doc
Page - 5
(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,
(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, or
(6) Resignation from the office.
Section 32. Filling Vacancies. A vacant city elective posItion will be tilled 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.
Chapter VIII
OTHER ELECTIVE OFFICERS
Section 33. City Recorder.
(a) The office of city recorder is established as the council clerk, city custodian of
records and city elections official. The recorder must attend all council meetings
unless excused by the mayor or council. The recorder must make payments of all
city funds appropriated by the council, and may audit city accounting records.
(b) At the general election November 2010 and every other general election after
that, a recorder will be 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.
Section 34. Municipal Court and Judge.
(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 judge must be admitted to practice in the Supreme Court of
Oregon.
(b) At the general election in November 2010 and every other general election after
that, a municipal judge will be elected for a four-year term. The term of the
municipal judge in office when this charter is adopted is the term for which the
judge was elected.
(Based on 2004 LOC Model Charter
Bold provisions are based on current Ashland Charter
Italic & bold provisions change with city manager
DRAFT NEW CITY CHARTER Thomas Sponsler
February 9, 2006 with amendments by City Attorney)
G:\legal\Mike\Charter Review\Draft New City Charter 7-10-06.doc
Page - 6
(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 are within
the territorial jurisdiction of the court.
(d) The municipal court has jurisdiction over every offense created by city ordinance. The
court may enforce forfeitures and other penalties created by such ordinances. The court
also has jurisdiction under state law unless limited by city ordinance.
(e) The municipal judge may:
(1) Render judgments and impose sanctions on persons and property;
(2) Order the arrest of anyone accused of an offense against the city;
(3) Commit to jailor admit to bail anyone accused of a city offense;
(4) Issue and compel obedience to subpoenas;
(5) Compel witnesses to appear and testify and jurors to serve for trials;
(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.
(t) The council may appoint and may remQve municipal judges pro tern.
(g) The council may transfer some or all of the functions of the municipal court to an
appropriate state court.
Chapter IX
APPOINTIVE OFFICERS
Section 36. Citv Attorney. The office of city attorney is established as the chief legal
officer of the city government. The mayor with the consent of the City Councilors
must appoint and may remove the attorney. The attorney must appoint and supervise, and
may remove any legal office employees.
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 may 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 XI
PUBLIC IMPROVEMENTS
(Based on 2004 LOC Model Charter
Bold provisions are based on current Ashland Charter
Italic & bold provisions change with city manager
DRAFT NEW CITY CHARTER Thomas Sponsler
February 9, 2006 with amendments by City Attorney)
G:\legal\Mike\Charter Review\Draft New City Charter 7-10-06.doc
Page - 7
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 procedure for levying, collecting and enforcing
special assessments for public improvements or other services charged against real
property will be governed by ordinance.
Chapter XII
MISCELLANEOUS PROVISIONS
Section 41. Hosoital The council has authority to own, operate and conduct a
municipal hospital.
Section 42. Cemeteries The council has authority to finance the maintenance and
upkeep of public and private cemeteries within the city.
Section 43. Park & Recreation Commission
(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 finance 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 council concerning land and easement
acquisitions for the program. After such acquisition, the commission will
administer, develop and 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.
(Based on 2004 LOC Model Charter
Bold provisions are based on current Ashland Charter
Italic & bold provisions change with city manager
DRAFT NEW CITY CHARTER Thomas Sponsler
February 9, 2006 with amendments by City Attorney)
G:\Iegal\Mike\Charter Review\Draft New City Charter 7-10-06.doc
Page - 8
Section 44. Airoort The council has authority to acquire, own, conduct and operate
a municipal airport either within or outside city boundaries.
Section 45. Ethics The council shall by ordinance establish provisions relating to the
standards for ethical conduct of the City's elected officials, appointed officials and
employees.
Section 46. Charter Review At least every 10 years beginning in 2015 the council
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 47. Debt. City indebtedness may not exceed debt limits imposed by state law. A
charter amendment is not required to authorize city indebtedness.
Section 48. Ordinance Continuation. All ordinances consistent with this charter in force
when it takes effect remain in effect until amended or repealed.
Section 49. Repeal. All charter provisions adopted before this charter takes effect are
repealed.
Section 50. 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 51. 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
DRAFT NEW CITY CHARTER Thomas Sponsler
February 9,2006 with amendments by City Attorney)
G:\legal\Mike\Charter Review\Draft New City Charter 7-10-06.doc
Page - 9