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Home My WebLink AboutGoddard Annexation GARY i.. PRICKETT GERALD R. ALLEN CRAIG E. HOFFARTH DONALD LAWS ROLAND McCANNON MARGARET E. McDOWELL JAMES M. RAGLAND BRIAN L. ALMQUIST C I T Y o F ASHLAND C I T Y ","ylll' Councilman Couf\Cilman Councilman Councilman Councilwoman Councilman City Administrator HAL L ASHLAND. OREGON 97520 telephone (COde 503) .482-3211 April 4, 1977 Mr. Harry Chipman, County Clerk Jackson County Courthouse Medford, OR 97501 Dear Harry, Enclosed is a copy of an ordinance of the City of Ashland which withdrew recently annexed property from Fire District NO.5. This ordinance became effective on March 18, 1977. Copies of this ordinance have been sent to the assessor and the Fire District. There are no residences in the area annexed, so at this time the annexation will have no effect on registered voters in Ashland. Cordially yours, ^ "I' .. . ./ .F,) (; ,~ '1. ,." 1<'"....-..- --....:.".,.. ~~.-z~~l~. "Joseph M. Butler ,City Recorder JMBjvb GARY L. PRICKETT GERALD R. ALLEN CRAIG E. HOFFARTH DONALD LAWS ROLAND McCANNON MARGARET E. McDOWELL JAMES M. RAGLAND BRIAN L. ALMQUIST Mayor Councilman Councilman Councilman Councilman Councilwoman Councilman City Administrator CITY o F ASHLAND C I T Y HAL L ASHLAND. OREGON 97520 telephone (Code 503) 482.3211 March lB, 1977 Jackson County Clerk Court House Medford, OR 97501 Dear Sir, ( The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland. Enclosed are the following documents: 1. Copies of consent to annexation. 2. Ordinance No. 1906, dispensing with an election. 3. Ordinance No. 1911, annexing the territory, together with the Minutes of the February 15, 1977 Council meeting. 4. Agreement between City and Goddards, including amendment. 5. A copy of the contract for construction of the motel (which is mentioned in Ordinance No. 1911). 6. A copy of the certified map of the territory annexed. We trust that this will fully comply with the filing requirements of State law. Cordially, ~IV Robert D. Nelsonj Director of Finance{/fr;,Ir""J- c,:s I!'t:,~ RDN/amt SEAL cc: Brian L. Almquist I Joseph M. Butler~ GARY L. PRICKETT GERALD R. ALLEN CRAIG E. HOFFARTH DONALD LAWS ROLAND McCANNON MARGARET E. McDOWELL JAMES M. RAGLAND BRIAN L. ALMQUIST Mayor Councilman Councilman Councilman Councilman CounCilwoman Councilman City Administrator C I T Y o F ASHLAND C I T Y HAL L ASHLAND, OREGON 97520 telephone (Code 503) 482-3211 March 18, 1977 Honorable Norma Paulus Secretary of State State Capitol Salem, OR 97301 Dear Secretary, The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland. Enclosed are the following documents: 1. Copies of consent to annexation. 2. Ordinance No. 1906, dispensing with an election. 3. Ordinance No. 1911, annexing the territory, together with the Minutes of the February 15, 1977 Council meeting. 4. Agreement between City and Goddards, including amendment. 5. A copy of the contract for construction of the motel (which is mentioned in Ordinance No. 1911). 6. A copy of the certified map of the territory annexed. We trust that this will fully comply with the filing requirements of State law. Cordially, ,/://{/-! ) lz/' Robert D. Nelson ------- Director of Finance/I?, h4J Cr,{" .;fl"....,!., RDN/amt SEAL cc: Brian L. Almquist Joseph M. Butler ~ GARY L. PRICKETT GERALD R. ALLEN CRAIG E. HOFFARTH DONALD LAWS ROLAND McCANNON MARGARET E. McDOWELL JAMES M. RAGLAND BRIAN l. ALMQUIST Mayor Councilman Councilman Councilman Councilman Councilwoman Counc j I man City Administrator CITY o F ASHLAND C I T Y HAL L ASHLAND, OREGON 97520 telephone (Code 503) 482-3211 March 18, 1977 Jackson County Assessor Court House Medford, OR 97501 Dear Sir, The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland. Enclosed are the following documents: 1. Copies of consent to annexation. 2. Ordinance No. 1906, dispensing with an election. 3. Ordinance No. 1911, annexing the territory, together with the Minutes of the February 15, 1977 Council meeting. 4. Agreement between City and Goddards, including amendment. 5. A copy of the contract for construction of the motel (which is mentioned in Ordinance No. 1911). 6. A copy of the certified map of the territory annexed. We trust that this will fully comply with the filing requirements of State law. Cordially, - Robert D. Nelson =~ Director of Financ/~I;, C.-; I?#a;...t',.. rlt~. RDN/amt SEAL cc: Brian L. Almquist~ Joseph M. Butler GARY L. PRICKETT GERALD R. ALLEN CRAIG E. HOFFARTH DONALD LAWS ROLAND McCANNON MARGARET E. McDOWELL JAMES M. RAGLAND BRIAN L. ALMQUIST Mayor Councilman Councilman Councilman Councilman Councilwoman Councilman City Administrator C I T Y o F ASHLAND C I T Y HAL L ASHLAND, OREGON 97520 telephone (Code 503) 482-3211 March 18, 1977 State of Oregon Department of Revenue Assessment & Appraisal Division Salem, Oregon 97310 Dear Secretary, The City of Ashland has approved annexation of certain contiguous territory to the City of Ashland. Enclosed are the following documents: 1. Copies of consent to annexation. 2. Ordinance No. 1906, dispensing with an election. 3. Ordinance No. 1911, annexing the territory, together with the Minqtes of the February 15, 1977 Council meeting. 4. Agreement between City and Goddards, including amendment. 5. A copy of the contract for construction of the motel (which is mentioned in Ordinance No. 1911). 6. A copy of the certified map of the territory annexed. We trust that this will fully comply with the filing requirements of State law. Cordially, ~ft,/ Robert D. Nelson .~ - Director of Financ,'M"j ell) ~,c,,;r(,... RDN/amt SEAL cc: Brian L. Almquist/ Joseph M. Butler GARY L. PRICKETT GERALD R. ALLEN CRAIG E. HOFFARTH DONALD LAWS ROLAND McCANNON MAR GAR ET E. McDOWELL JAMES M. RAGLAND BRIAN L ALMQUIST C I T Y o F ASHLAND C I T Y Jackson County Assessor Court House Medford, Oregon 97501 Dear Sir: M1J vor Councilman Councilman Councilman Councilman Councilwoman Councilman City Administrator HAL L ASHLAND, OREGON 97520 telephone (Code S03) 482.3211 March 29, 1977 Enclosed is a copy of an ordinance to withdraw certain property from Fire District #5, and attached is a copy of a contract to show the condition of the ordinance as to the effective date has been met. JMBjamt Yours truly, /] , /} b " b:P ~" .f //" ~7;-W,> , t/' ,,- / " ( ~Joseph M. Butler City Recorder GARY L. PRICKETT GERALD R. ALLEN CRAIG E. HOFFARTH DONALD LAWS ROLAND McCANNON MARGARET E. McDOWELL JAMES M. RAGLAND BRIAN L. ALMQUIST C I T Y o F ASHLAND C I T Y ASHLAND, OREGON 97520 telephone (Code 503) A82-3211 March 29, 1977 Chief Max Long Fire District No. 5 Talent, Oregon 97540 Dear Chief Long: Attached is a copy of an ordinance withdrawing the Goddard property from your fire district. It is my understanding that this property consists of Tax Lots 2800, 2900 and 3000 in Code 5-4, Account No. 39-lE-l4A. We have collected an amount necessary to retire the proportionate share of bonds attributable to this property, and will pay you when billed. Yours truly, /::< ~//;7~ ~' )'7;. ~4v ,.,. ". GJoseph M. Butler City Recorder JMB/amt Mayor CouncIlman Councilman Councilman Councilman Councilwoman Councilman City Administrator HAL L Revenue Sharing Proposed Budget 1977-78 Total Resources Available Proposals Not Eliminated 1. Water Utility drought reimbursement 2. Street resurfacing (continue existing program) 3. Emergency T.I.D./domestic water system 4. Recreation program subsidy 5. Comprehensive energy conservation program $10,000 to 6. Replace Fire Dept. pickup with 3/4 ton 4WD with tank & pump 7. Fire truck lease (final payment) 8. Ashland Community Health Center 9. Senior program subsidy 10. Nevada Street bridge headwall 11. Curb ran~s for the handicapped 12. Help Line, Inc. 13. Sander for 10-yard dump truck 14. Jackson County Legal Services 15. Storm sewer mat~rials 16. Current assessments on City-owned property Total Proposals Budgeted Amount To Be Cut or Adjusted Previous Proposals Omitted 17. Complete repayment for Fire Station #2 property 18. Pay assessments on City-owned property in full 19. Fireproof file cabinet (Utility office) 20. Portable radio for Civil Defense Previous Proposals Financed Elsewhere 21. Hersey Street project (water & sewer) (Assessment Fund) 22. "Lithia Mill" property (increase interfund loan in Capital Improvements) 23. Parks playground equipment (bequest pending) RDN 3/22/77 269,000 77,858 59,093 55,142 30,130 20,000 11,820 8,702 7,200 6,500 5,700 5,500 5,000 5,000 5,000 4;COG 1,589 308,284 39,284 12,000 7,185 700 523 31,500 9,736 3,726 .\ UnUl.NANljr; NO. 1"11 AN ORDI~~~CE OF THE CITY OF ASHLA~~ ~~EXI~G A CO~- TIGUOUS AREA TO THE CITY OF ASHL~~D, OREGOK, ~~~ PROVIDING FOR AN EFFECTIVE DATE. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The following land is contiguous to the City of Ashland and is located in Jackson County, Oregon, and is hereby annexed to the City of Ashland as provided in Section 2 of this Ordinance. Co~rr.encins at the Q~arter Corner CO~8on to Sections 11 anc 14 in TO'.ol~ship 39 South, Range 1 East of the \.;illa"w1ette ~1eridi2.n, JacY..son County, Cregan; thence.South 89CS4tOl" East 2lone: the ~orth line or said Section 14, a distance of 60.04 reet ~o an intersection with the projected E2sterly right of ~av of a f 0 . rontage read; t:,ence South 0002' 53" l..?es~ along said Easterly right of y:ay 230.00 feet to' an intersection w-ith the Scuthe:..-ly city limits line of the City of Ashland, for the TrLe Point cf B . . ..' S th 89054 '01" - . eglni1~!'1g) Loence ou -- . ~2St, parallel to tne North line of Said Section 14, a distance or 337.50 feet: thence South 00.02'25" West 432.20 feet -to the South boundary line of the NW l,;, of the NE l,; of said Section 14~ thence North 89051'58" West along said South bounGary line, a distance of 300.93 feet; thence along the arc of a 70.00 foot radius curve to the right (the chord of which be2rs North 30.43 '01" ;,'est 71.61 feet) a distance of 75.17 teet to the E2sterly right of way of said frontage road; thence North 00002153" East along said Easterly right of ~ay 370~52 feet to the true point of beginning contain- ing 3.333 acres more or less. SECTION 2. This Ordinance shall be effective ~pon receipt of an 2ffidavit or other proof satisfactory to the City that a valid contract has been ente=ed into ~or the construction of a Motel containing not less than forty (40) uni~s, ~hich shall be developed in accord with an agree- beb~cen the City of Ashland and Frank H. Goddard and Joyce H. Goddard, said 2greE:.i?lent bei'ig dated January 14, 1977; hm,:,ever, if such proof is not received within one (1) year from the Gate of the p2ssage of this Ordinance, this Ordin2nce shall be null and void. SECTION 3. Upon the effective date or this Ord~nGnce 2S provided in Stction 2 hereof, the City Recorder, 'in accord with ORS 222.170, is hereby authorized a~d directed to ~2ke and submit to the SecretaD' of State of the State of Oregon, a copy of this Ordinance, a copy of the Statement of Consent from the landowners of the tract annexed, and a copy of the Ordi~Ence dispensing with the election on the proposed annexa- tion; and also upon the effective cate hereof, the City Recorder is authorized and directed to submit a copy of this Ordinance to the County Assessor and COunty Surveyor of Jackson County, Oregon. The foregoing ordinance ~2S first read on and duly PASSED 2nd ADOPTED this I;;:d day the /d day of ,A;<,/;v~ V of F,r,/vlv;ZYJ1..V , 1977. ' I , 1977 il~~~'lf!~ City Recorder SIG~ED a~d APPROVED this/~'~day of . aY_(;l!;_ ---r----~--..--m--.-.."- . , " 'GaBlor-OJade 'Builders 501 EAST ASHLAND LANE - ASHLAND,OREGON 97520 - PHONE (503) 482-3222 March 7, 1971 Mr. Frank Goddard 67L. Wilson Rd. Ashland, Oregon 97$20 Re: Red Baron Motel Dear Frank: We propose to construot the Red Baron Motel as shown on the plans and specifications for same prepared by Donal Rounds A.LA., for the SU!:l" of t556,ooo.oO. This price is complete Bnd will cover all phases of construction with the following exoeptionsl (1) The tharapy pool, sauna, and restrooms portion of bath house is deleted. (2) NO permits, assessments, or fees are included in this price. Respectfully sub~itted, Taylor-Made Builders /6d ~0 Bob Taylor BT:j " r .~. . - / . _;/1"-<~(__i7l{(.."j'! by.!rank H. 'GOddard! The fore-going bid is approved and accepted date: March 17. 1977. e 'Ga~lor-made 'Builders 501 EAST ASHLAND LANE - ASHLAND, OREGON 97520 - PHONE (503) 482.3222 March 7, 1977 Mr. Frank Goddard 6711 Wilson Rd. Ashland, Oregon 97520 Re: Red Baron Motel Dear Frank: We propose to construct the Red Baron Motel as shown on the plans and specifications for same prepared by Donal Rounds A.I.A., for the s~e of $556,000.00. This price is complete and will cover all phases of construction.with the follo.Ring exceptions: (1) The therapy pool, sauna, and restrooms ~ortion of bath house is deleted. (2) No permits, assessments, or fees are included in this price. Respectfully sub~itted, Taylor-Made BuIlders /5d ~~ Bob Taylor BT: j J ("' ?'"~/ '.. ) .. /."./ " /?4~/'-=--/7!((.--.!i by..-Frank H. 'Goddard' The fore-going bid is approved and accepted date: march 17. 1977. --- ORDINANCE NO. / 'lOb AN ORDINANCE DISPENSJNG WITH AN ELECTION WITHIN THE CITY OF ASHLAND ON THE QUESTION OF A PROPOSED ANNEXATION AND SETTING THE TIME AN~Y~E FOR A PUBLIC HEARING THEREON; AND SETTING A PUBLIG1~ATE ON THE WITHDRAWAL OF CERTAIN REAL PROPERTY FROM JACKSON COUNTY FIRE DISTRICT NO. 5 AND DIRECTING PUBLICATION OF NOTICES AS DIRECTED BY ORS 222.524; AND DECLARING AN EMERGENCY. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The City of Ashland finds that the owners of the property described in Exhibit "A" attached hereto and by this reference incorporated herein have consented to the annexation of said land to the City of Ashland. SECTION 2. The submitting of the question of. the said annexatlon is hSreby dispensed with and.a Public Hearing is hereby set to be held before the City Council of Ashland at the City Hall, Ashland, Oregon, on the 18th day of January, lS77, at the hour of 7:30 P.M. at which time all persons may appear and be heard on the proposed annexation. SECTION 3. The City Staff is directed to cause notice of sald Hearlng to be given as required by ORS 222.120 po that public notices are published in a newspaper of general circul~tion appearing in the City in issues of 5uch newspaper on January. 4 and January, 11, 1977, and that notices be posted in four (4) public places in the City for a period of not less than two (2) weeks prior to the date of the Public Hearing. SECTION 4. Pursuant to ORS 222.524 a Public Hear- ing shall be held on January 18, 1977 at 7:30 o'clock P.M. in the Ashland City Hall, Ashland, Oregon, on the question of the withdrawal of certain real property from Jackson County Fire District No. 5 [formerly known as the Talent Rural Fire Protect- ion District). All persons may appear before the Ashland City Council and be heard on the question. The real property above mentioned is situated in Jackson County, Oregon and more parti- cularly described in Exhibit "A" attached hereto and by this reference made a part hereof. SECTION 5. The City Staff is directed to publish and post notices of sald Hearing in the same manner and on the same dates as described above relative to the proposed annexation. SECTION 6. It is hereby adjudged and declared that the existing condltlons are such that this Ordinance is necess- ary for the immediate preservation of the public health and safety of the people of the City of Ashland and an emergency is hereby declared to exist and this Ordinance shall take effect and be in full force and effect from and after its passage and approval by the Mayor. Z- O"hl'? ~,; A- .b# L rVM c#~ I/- /7,. t?"t</jI,;../. -1- Ordinance /1/6 ~~ ;lhJ/....,j- u"; A?1f u~.4_ ..- i- f The foregoing ordinance was first read on the 23rd day of November , 1976 and duly PASSED and ADOPTED this 7th day of December ,1976. !- /1 /--,1 / _'1 , , '1 "-/1 /.:7) -f /' ,~__...."',;, /,/~-L-/~t...l:- Joseph M. Butler ,--City Recorder SIGNED and APPROVED this 7t~ , 197.6. t. ~ J 'i; ~ 1. , ~ ~. -2- Ordinance / ye6- ,l; ~: II I i I NOTICE OF PUBLIC HEARING ON THE WITHDRAWAL OF CERTAIN REAL PROPERTY FROM JACKSON COUNTY FIRE DISTRICT NO.5, AND ON THE QUESTION OF THE ANNEXATION OF SAID REAL PROPERTY TO THE CITY OF ASHLAND NOTICE IS HEREBY GIVEN that a Public Hearing on the withdrawal of certain real property from Jackson County Fire District No. 5 (formerly the Talent Rural Fire Protection Dis- trict) and also on the question of the annexation of the same real property to the City of Ashland will be held January 18, 1977 at 7:30 o'clock P.M. at the Ashland City Hall, Ashland, Oregon. All persons are invited to attend this Hearding and be heard on the question of the proposed withdrawal and annexa- tion. The real property above mentioned is situated in Jackson County, Oregon and more particularly described as follows: Commencing at the Quarter Corner common to Sections 11 and 14 in Township 39 South, Range 1 East of the Willamette Meridian, Jack- son County, Oregon; thence South 8g' 54'01" East along the North line of said Section 14, a distance of 60.04 feet .to an intersect- ion with the projected Easterly right of way of a frontage road; thence South 00P02'53" West along said Easterly right of way 230.00 feet to an intersection with the Southerly city limits line of the- City of Ashland, for the True Point of Beginning; thence South 89 54'01" East, parallel to the North line or said Section 14, a dis- tance or 337.50 feet; thence South 00'02'25" West 432.20 reet to the South boundary line or the NW ~, of the NE ~ or said Section 14; thence North 8i 51'5~' West along said South boundary line, a dis- tance of 300.93 feet; thence along the arc of a 70.00 foot radius curve to the right (the chord or which bears North 3et' 43 '01" West 71.61 feet) a distance of 75.17 feet to the Easterly right of way or said frontage road; thence North 00 12' 53" Eas t along said Easterly right or way 370.52 feet to the true point of beginning containing 3.333 acres more or less. EXHIBIT "A" TO AN ORDINANCE ENTITLED: "AN ORDINANCE DISPENSING WITH AN ELECTION WITHIN THE CITY OF ASHLAND ON THE QUESTION OF A PROPOSED ANNEXATION AND SETTING THE TIME AND PLACE FOR A PUBLIC HEARING THEREON: AND SETTING A PUBLIC DATE ON THE WITHDRAWAL OF CERTAIN REAL PROPERTY FROM JACKSON COUNTY FIRE DISTRICT NO. 5 AND DIRECTING PUBLICATION OF NOTICES AS DIRECTED BY ORS 222.524; AND DECLARING AN EMERGENCY." '" , <ll .., ) <:1 ~'J It-; s:: 1~~ f: : ~ ~ t' E tf.l . '" ' 1 t)) . : !;b~,f "< <1l '\'.. ) "d '-.. I '-i "0 ,<.. 100 r- "'~ l .., '" l " l>-.rl ; <ll .0 j E ~ :"0 <: .., Is::o --I I (!).r! E ~ -. <1l ~g <:QJr:. 8.2'0-< <:1< 0 " ORDINANCE No. 1911 AN ORDI~ANCE OF THE CITY OF ASHLA~~ A~EXING A CON- TIGUOUS AREA TO THE CITY OF ASHLA~D, OREGOK, AND PROVIDING FOR AN EFFECTIVE DATE. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The following land is contiguous to the City of Ashland and is located in Jackson County, Oregon, and is hereby annexed 'to the City of Ashland as provided in Section 2 of this Ordinance. Co;:;:r.enciIlg: at the Qt.:c.rter Corner CO:T:won to Sectior.s 11. and 14 in Tow~ship 39 South, p..znge 1 t'ast of the ~illa'~ette 2-~eriGian, Jacy-son Couilty, Cregan; thence.South 8?CS4l01" E2st alon'2' the ~orth line of s2ic Section 14, a distance of 60.04 reet ~o an intersection with the projected E2sterly right of ~aV of a f 0 - rontage read; t;,ence South 00 12. t 53" 1,"est along said Easterly right of ~ay 230.00 feet to' an intersection .~th tbe Southerly city limits li~e or the City of Ashlend, for the True Point of- Begini1ing; thence South 8905~IOlll E2St, D2rallel to the North line of s8id Section l~, a dis~ance or 337.50 feet: tnence South 00002'25" ,,'est ~32.20 feet to the South boundary line of the ~T!z, of the NE 1z of said S2ction 14; thence l~orth 89cSl158" West along said South bouDcary line, a distance of 300.93 feet; thence along the arc of a 70.00 foot radius curve to the right (the chord of which bears Korth 30043'01" i-iest 71.61 feet) a^ d~st2nce or 75.17 feet to the E2sterly right of ~ay or said rot . t' ,-. 00012'53" 1 LT n age roao; nence Horto East a eng said Eastp.rly right of ~ay 370.52 feet to the true point of beginning contain- ing 3.333 acres ~ore or less. SECTION 2. This Ordinance shall be effective ~pon receipt of an 2ffidavit or other proof satisiactory to the City that a valid contract has been entered into for the construction of 2 Motel containing not les~ t~an forty (40) uni~s, ~hich shall be developed in accord ~ith an ag~ee- beb;2en the City of Ashland ana Frank H. Goddarc and Joyce E. G~da2rd, said 2greE:Ulen t bci1":g ca ted J c.i1uary 14, 1977; ho'"..:'ever, if such proof is not received within one (1) year from the date or the passage of this Ordinance, this Ordinance shall be null and void. SECTION 3. ~pon tbe effective Gate or this Ordincnce 2$ provided in Section 2 ~ereof, tne City Recorder, in accord with ORS 222.170, is h~re9Y 3utnorized a~d diY2cted to ~2ke and su~mit to the Secretar). of State of the State of O~egon, a copy of this Ordinance, a copy of the St2te~ent of Consent from the landowners of the tract annexed, cnd a copy of tne Ordi~ence dispensing with tne election on the proposed an~exa- tion; and elso upon !he effective ~ate hereof, tne City Recorder is authorized ana directed to submit 2 copy of this Ordinance to the C0wnty Assessor end County Su~veyor of Jackson County) Oregon. The 2nd the !-J day of ~;/.J/?v,<>-p' y of r;-D/7'-;-~ V . 1977. ' I . 1977 foregoing ordinance ~2S first read on duly P.-',SSED and ADO?YED this I ;J?-X CaY r1 ' ~~~J'2,L3~ /J ~ ~r ~ 1 ( OSC:pl1.... D\;t er V.C' p . lty _~ecoYcer SlGSLD ""0 h??itOVED tnis/{ d cay of r c~,I-'f?h /hi; h A e< J7..t.t6 c"/y ~ n,. t7~&Ii.,,~ I. ~.tJ.~ /Jd7 c/~ j'Z"",..;b_ . (, --y------------- .......L.<..........'v...... ~....... ..L7......L '" AN ORDINANCE OF TEE CITY OF ASHLA,,'l) A'lNEXING A CON- TIGUOUS AREA TO THE CITY OF ASHLAND, OREGOK, A.'ill PROVIDING FOR AN EFFECTIVE DATE. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The following land is contiguous to the City of Ashland and is located in Jackson County, Oregon, and is hereby annexed to the City of Ashland as provided in Section 2 of this Ordinance. Conrr.encl ng at the Ql.;e.rte~ .-Corn~~-~;;:j7;O;~ to See ti ons'-'ii -an-d.- 14 in Townsr,ip 39 Soutot Range 1 East of the \o:ill.s";;lett~ !'feridian, JacY..son County, Cregon; th::::nce.South 89C54tOl" E2st a10nQ the ~orth line of saic Section 14, a distance of 60.04 feet ~o an intersection with the projected Easterly right of ~ov of a f 0 - rontage road; thence South 00 11 t 53" t\'es~ along said Easterly right of way 230.00 feet to' an intersection .~th the Southerly city limits Iini of th~ City of Ashland, for the True Point of Beginuing; thence South 89c54'Ol" East, Darallel to the ~orth line of said Section 14, a distance of 337.50 feet: thence South 00002'25" ""est 432.20 feet to the South boundary liue of the NW 1,;, of the NE !,; of said Section 14; thence l;orth 89c51'58" West along said South boundary line, a distance of 300.93 feet; thence along the arc of a 70.00 foot radius curve to the right (the chord of which bears ~orth 30043'01" i';est 71.61 feet) a distance of 75.17 feet to the Easterly right of way of said frontage road; thence North 00012'53" East along said Easterly right of ~ay 370.52 feet to the true point of beginning contain- ing 3.333 acres ~ore or less. ,..-.-.--- SECTION 2. This Ordinance shall be effective ~pon receipt of an affidavit or other proof satisfactory to the City that a valid contract has been ente~ed into for the construction of 2. !-fotel containing not less than forty (40) units, which shall be developed in accord ~ith an agree- ben;een the City of Ashland and Frank H. Goddard and Joyce E. Goddard, said 2greE~ent bei11g dated January 14, 1977; however, if such proof is not received within one (1) year from the date of the passage of this Ordinance, this Ordinance shall be null and void. SECTION 3. Upon the effective date or this Ordinance as provided in Section 2 hereof, the City Recorder, in accord with ORS 222.170, is hereby authorized and directed to ~2ke and su~mit to the SecretaD~ of State of the State of Oyegon, a copy of this Ordinance, a copy of the Statement of Consent from the landowners of the tract annexed, and a copy of the Ordi~ance dispensing with the election on the proposed annexa- tion; and also upon the effective cate hereof, the City Recorder is authorized and directed to submit 2. copy of this Ordinance to the County Assessor and County Surveyor of Jackson CountYt OreEon. the /-J day of /-;'<,av~ y of f,. 1'17 .:~"0. V , 1977. . ( The and foregoing ordinance ~2S first read on duly PASSED and ADO?TED this /:;>./ day , 1977 J:;?\( 'd'lf!l~ City Recorder SIG!\t:D a"d A??ROVED this!! d cay of .1 ---T" GaBlor - made 'Builders SOl EAST ASHLAND LANE - ASHLAND,OREGON 97520 - PHONE 1503) 482-3222 lfarch 7, 1977 Mr. Frank Goddard 674 "11son Rd. Asbland, Oregon 97$20 Res Red Baron Motel Dear Frankl We propose to oonstruot the Red Baron Motel as shown on the plans and speciticatlons for same prepared by Donal Rounds A.I.A., tor the sum~ ot t5$6,ooo.00. This price Is oomplete snd will oovar all phases ot constructIon with the tollowing exceptions I (1) The therapy pool, sauna, and restrooms cortlon of bath house Is deleted. (2) No permits, assessments, or rees are included In this price. Respecttully submitted, Taylor-Made Builders /6d ~~ Bob Taylor BTIJ /1 (' i~~,~\;-rtJ,~! approved and accepted by, Frank H. 1l'oddard ! - , The fore-going bid is date: March 17. 1977. 0) ..., III J:: ..., ~,~ s ~~~ 1,,1 o <ll Ql uEW III . 't:l '" . .$ !Io't:l,f ~< ~ .\:"> 't:l~"Cl " .,001'- CJI'- <ll ..., '" g " ,5>rl ~~ ~., .d 0:: 0 oj 'tj (J) OM Jot S..., . o oj ~g "O::<ll!:. ~, 0 0:: ..c: p. s:: ~ (-< ~ < 0 1,\ ORDINANCE No. 1911 AN ORDINANCE OF THE CITY OF ASHLA~~ A~EXING A CON- TIGUOUS AREA TO THE CITY OF ASHL~~D, OREGOK, AND PROVIDING FOR AN EFFECTIVE DATE. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The following land is contiguous to the City of Ashland and is located in Jackson County, Oregon, and is hereby annexed to the City of Ashland as provided in Section 2 of this Ordinance. Co~menciDg at the Quarter Corner co~~on to Sections 11 and 14 in Township 39 South, Range 1 East of the willa~et te !-feridian, Jackson County, Cregon; thence.South 89054'01" East along the Korth line of said Section 14, a distance of 60.04 feet to an intersection with the projected Easterly right of way of a frontage road; thence South 00012' 53" !,'est along said Easterly right of way 230.00 feet to' an intersection with the Southerly city limits line of the City of Ashland, for the True Point of' Beginning; thence South 89054' 01" East, parallel to the North line of said Section 14, a _distance of 337.50 feet; thence South 00.02' 25" West 432.20 feet to the South boundary line of the NW lz, of the NE 1:\ of said Sfoction 14; thence );orth 89051'58" West along said South boundary line, a distance of 300.93 feet; thence along the arc of a 70.00 foot radius curve to the right (the chord of which beers North 30043'01" !<est 71.61 feet) a' distance of 75.17 feet to the Easterly right of way of said frontage road; thence North 00012'53" East along said Easte:::ly right of way 370.52 feet to the true point of beginning contain- ing 3.333 acres more or less. SECTION 2. This Ordinance shall be effective upon receipt of an affidavit or other proof satisfactory to the City that a valid contract has been ente~ed into for the construction of a Motel containing not les: than forty (40) units, ~hich shall be developed in accord ~ith an agree- beD;een the City or Ashland and Frank H. Goddarc and Joyce H. Goddard, said 2greewent bei~g dated January 14, 1977; ho~ever, if such proof is not received within one (1) year from the date or the passage of this Ordinance, this Ordinance shall be null and void. SECTION 3. Upon the effective date or this Ordinance as provided in Section 2 hereof, the City Recorder, in accord ~ith ORS 222.170, is hereby authorized and directed to make and submit to the Secretary of State of the State of O~egon, a copy of this Ordinance, a copy of the Statement of Consent from the landowners of the tract annexed, and a copy of the Ordi~ance dispensing ~ith the election on the proposed annexa- . tion; and elso upon the effective cate hereof, the City Recorder is authorized and directed to submit a copy of this Ordinance to the County Assessor and County Surveyor of Jackson County, Oregon. the /d day of ;:;,6~(/"/H? V of r 1'/3/1",""7>-'1'- V , 1977. J The foregoing ordinance w2s first read on and culy PASSED and ADO?TED this!5-".../day , 1977 lJlru-J -;J. L3~ (los<=p-b }:. butle.r City Recorder SIG:,iCD and J"'?ROVED this/I.- ct'day of . --1- " -a ~ ~,",.~ ~ ;l 0::>1 I, ..,...,Ql g S~ J Ql ~~.,; ~ g...: ~ "\~"'" "'.....'" 0100.... 0.... Ql"" '" g f,i p..... 1ll.fJ1':,^ oM t: 0..... "0 (Don J.1 E!.p . Oolol,o " 0) ,~ - ..,~. :E&€;: ~~..: 0 I' C~IDINANCE NO. / q /2... AN ORDINANCE OF THE CITY OF ASHLAND WITHDRAWING CERTAIN RECENTLY A.~NEXED REAL PROPERTY FROM JACK- SON COUNTY FIRE DISTRICT NO.5, AND PROVIDING FOR AN EFFECTIVE DATE. THE, PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLI.O\vS: SECTION 1. The following described real property situated in the City of Ashland, Jackson County, Oregon, is hereby withdrawn from Jackson County Fire District No. 5 pursuant to the provisions of ORS 222.520(6) effective upon the date specified in Section 3 of this Ordinance. Said real property is described as follows to wit: Coomencing at the Quarter Corner co~on to Sections 11 and 14 in Township 39 South, Range 1 East of the WillametteMeridian, Jacr.son County" Oregon; thtence South 89" 54'01" East along the 50rth line of said Section 14, ft distance of 60.04 feet to an inte.sectiori with the projected Eesterly right of way of a frontage read; thence South 00"12' 53" \vest along said Eesterly right of way 230.00 feet to an intersection with the Southerly city limits line of the City of Ashland, for the True Point of Beginning; thence South 89"54'01" East, parallel to the North line of said Section 14, a distance of 337.50 feet; thence South 00"02'25" West 432.20 feet to the South boundary line of the NW 1,;, of the NE l:; of said Section 14; thence Korth 890' 51' 58" West along said South boundary line, a distance of 300.93 feet; thence along the arc of a 70.00 foot radius cu.ve to the right (the chord of which oe2rs Korth 30043'01" \,est 71.61 feet) a distance of 75.17 feet to the E2sterly right of way of said frontage road; thence };orth DOc 121 53" East along ~aid Ecsterly right of way 370.52 feet to the true point of beginning contain- ing 3.333 acres more or less. -. .-- -. - . SECTION 2. The City of Ashland elects pursuant to ORS 222.520(2) (6) to pay annually, as the bonds of Jackson County Fire District No. 5 (formerly the Talent Rural Fir,> Protection District) that were outstanding on the effec~- ive date of this Orc' . 'lance, as the same proportion of such outstanding bonds and interest thereon, as the assessed valuation of that part withdrffi.u bears to the assessed valuation of the entire district on the effective date of this ordinance. SECTION 3. This Ordinance shall be effective upon receipt of an affidavit or other proof satisfactory to the City that a valid contract has been entered into for the construction of a Motel containing not less than forty (40) units~ which shall be developed in accord with an agreement between the City of Ashland and Frank H. Goddard and Joyce H. Goddard, said agreement being dated January 14, 1977; however, if such proof is not received with one (1) year from the date of the passage of this Ordinance, this Ordinance shall be null and void. The foregoing Ordinance was first read, on and duly PASSED and ADOPTED this /j)~day / I " the2-r day of ,r.OIlt/')liY of ;:,:~L5lti/.()-/.t..\,1 t 1977t f , 1977 " ~r~ 1. l3~v~ sepli M. Butler ity Recorder SIGNED and APPROVED ~A ~~-" 19];;/ /) -f ~0L::--:~,~-ee-c/ - --r this /(c'( day of -r ., +> <ll ~ +' ~\'-f f:f g~: 111 o <l) Q) I) E to Q) . o <l) . '" ~ '0 , +> bJJ ;'n\ P<< CIS .,,~ o "d -', o \-t 'd '.~ ~oo.... W el.... Q) +' '" g ~ .sri <xl ~ " J:: '0 J::. '\ .... J:: 0 oj tl '" ..... H S~ . o ro to} 0 X'<l) C)!::ID!=.. dO <1 .c: p. ~ 'H c' ~..: 0 ORDINANCE No. 1911 " AN ORDI!\ANCE OF TIlE CITY OF ASHLMID A"f:-iEXING A CO);- TIGUOUS AREA TO THE CITY OF ASHLAlm, OREGO!\, AND PROVIDING FOR AN EFFECTIVE DATE. TIlE PEOPLE OF THE CITY OF ASHL~~D DO ORDAIN AS FOLLrn,S: SECTION 1. The following land is contiguous to the City of Ashland and is located in Jackson County, Oregon, and is hereby annexed to the City of Ashland as provided in Section 2 of this Ordinance. Co:-:~encins at the QcC:rter C~-;n~~-~';;;;on to Sections ii-and-"i4 in Township 39 South, Range 1 East of the \o:illaZ1ette ~~eridiant Jackson County, Cregon; tneonce.South 8"<54'01" East along the Korth line of s2id Section 14, a distance of 60.04 reet to an intersection with the projected Easterly right of woV of a f 0 . rontage read; t:lence South 00 12' 53" ~\~est along said Easterly right of way 230.00 feet to' an intersection with the Southerly city limits line of the City of Ashlend, for tbe True Point of Beginning; thence South 89054 '01" E2st, parallel 'to the Kortb line of said Section 14, a distance or 337~50 feet: thence South 00002'25" ,,'est 432.20 feet to the South boundary line of the NW!,;, of tbe NE !:; of said Section 14; tbence !;orth 89051'58" West along said South boundary line, a distance of 300.93 feet; tbence along the arc of a 70.00 foot radius curVe to the right (tbe cbord of which be2rs Kortb 30043'01" Hest 71.61 feet) a' distance of 75.17 feet to the Easterly right of way of said frontage road; thence North 00012'53" East along said Easterly right of ~ay 370.52 feet to tbe true point of beginning contain- ing 3.333 acres ~ore or less. SECTION 2. This Ordinance shall be effective upon receipt of an affidavit--;;r-o'ther proof satisfactory to tbe City tbat a valid contract has been ente,:"ed into for the cor:struction of 2 !.1otel containing not les.:; than forty (40) units, ~hich shall be develoyed in accord ~ith en agree- ben;een the City of 'Ashland and Frank H. Goddard and Joyce H. Goddard, said agretwent bei~g cated January 14, 1977; ho~ever, if such proof is not received within one (1) year from the date 'Jf tbe passage of this Ordinance, this Ordinance shall be null and vo.d. SECTION 3. Upon tne effective date of this Ordinance as provided in Section 2 hereof, tbe City Recorder, in accord with ORS 222.170, is hereby authorized and directed to ~2ke and su~mit to the SecretaD' of State of tne State of Oyegon, a copy of this Ordinance, a copy of the Statement of Consent from the landowners of the tract annexed, and a copy of the OrdiD2nce dispensing with tne election on the proposed annexa- tion; and also upon the effective cate hereof, the City Recorder is authorized 2.nd directed to submit a copy of this Ordinance to the County Assessor and County Surveyor of Jackson County. Oregan~ The foregoing ordinance w2S first read on and culy PASSED and ADO?TED this /';)-<-;( cay tbe /........1 day of . 7;,;;;;'",/)-;<( y of F>:t3/?v;Yl1.V .1977. . .I . jj!r-J~"v1~. ,6~ a~s"ph }:. Butler . City Recorder . SIC:,;:n a"a ;,P?ROVED this/{. d day of . ------. - --- - -- .---r---- 1977 r I ~"~"'''''''''A~'''''A-' UV'. ~/ "'.~ \' AN ORDIl\ANCE OF THE CITY OF ASHLAND A'mEX!NG A CO);- TIGUOUS AREA TO THE CITY OF ASHLAND, OREGO);, A\~ PROVIDING FOR AN EFFECTIVE DATE. TIlE PEOPLE OF THE CITY OF ASHLA~D DO ORDAIN AS FOLLOWS: SECTION 1. The following land is contiguous to the City of Ashland and is located in Jackson County, Oregon, and is hereby annexed to the City of Ashland as provided in Section 2 of this Ordinance. r Conmencing at the Qt.:c.rte~~C~.;ne;:-~;;~'~~-t~ Sectj-on~~.il --~~'cl 14 in Township 39 South, P,a~ge 1 East of the Y;illE:;::l€tt~ ~.~eridi2n, JacY..son Cou;1ty, Cregan; thE:nce.South 89CS4tOl" East alon2 the Korth line of said Section 14, a distance of 60.04 feet ~o ~n intersection with the projected Easterly right of ~ay of a frontage road; t11ence South 00012' 53" t,'es~ along said Easterly right of ~ay 230.00 feet to' an intersection with the Southerly city limits lin~ tif th~ City of Ashland, for the True Point of Beginning; thence South 89054'01" East, parallel to the l\orth line of sBid Section 14, a distance or 337.50 feet: thence South 00.02'25" West 432.20 feet to the South boundary line of . the ~1!z, of the NE ~ of said Section 14; thence l;orth 89c 51' 58" West along said South boundary line, a distance of 3QO.93 feet; thence along the arc of a 70.00 foot radius curve to the right (the chord of which bears Korth 30043'01" i';est 71.61 feet) a distance of 75.17 feet to the Easterly right of ~av of said frontage road; thence North 00012' 53" East along s;id Easterly right or ~ay 370.52 feet to the true point of beginning contain- ing 3.333 acres ~ore or less. SECTION 2. This Ordinance shall be effective ~pon receipt of an affidavit or other proof satisfactory to the City that a valid contract has be2n ente~ed into for the co~struction of a Motel containing not less than forty (40) units, ~hich shall be developed in accord ~ith an agree- beb,een the City of Ashland and Frank H. Goddarc and Joyce E. Goddard, said cgreE:.~ent bei,....g cated Jc.nuary 14, 1977; hc,:ever, if such proof is not received within one (1) year from the date of the passage of this Ordinance, this Ordinance shall be null and vOld. SECTIOK 3. Upon the effective date of this Ordinance as provided in Section 2 hereof, the City Recorder, in accord with ORS 222.170, is hereby authorized and directed to 8ake and su~mit to the SecretaD~ of State of the State of O~egon, a copy of this Ordinance~ a copy of the Statement of Consent from the landowners of the tract annexed, and a copy of the Ordi~ance dispensing with the election on the proposed annexa- tion; and Elso upon the effective cate hereof, the City Recorder is authorized and directed to submit a copy of this Ordinance to the County Assessor and County Surveyor of Jackson County, Oregon~ The foregoing ordinance ~~s and duly PASSED and ADOPTED first read on this I !:r?-:I OCiV - - the lJ, day of /' ;I.">~?v/J-'/-, 'I' of (7/5/7,,;"0. 'I ,1977. . / , 1977 ~fil ~'lgdL City Recorder SIG~ED and A??ROVED this/{~u(day of _L !ayor ....7:'-_~::-~~: -. . . . . . . . . . . . . ", ," . . ROBERT W. STRAUB GOVERNOR ~---~-......--_.._--_._._-- Department of Revenue STATE OFFICE BUILDING, SALEM, OREGON 97310 January 5, 1977 To All Ad Valorem Taxing Districts Report of Boundary Changes Your particular attention is invited to provisions of law that boundary changes must be reported in final approved form to the county assessor and the Department of Revenue by March 31. The assessor disregards the change for the ensuing tax year, beginning July 1, if new boundaries are not so reported. "Final approved form" not only includes approval by the local authority (county commissioners; boundary commission) but also includes approval of the boundary description. If the description is not certified by a local surveyor or engineer, then it requires approval by the Department of Revenue. We request that descriptions that are to be submitted to the Department of Revenue be sent at a very early date but in no event later than February 15 as required in ORS 308.225. Enclosed is a copy of an outline for processing boundary description changes, including a copy of ORS 308.225. We are most interested that districts file their boundary changes timely and in proper form. If you have any questions concerning ORS 308.225 or this letter, please contact Robert Mead in Salem at 378-8218. All correspondence, requests for maps from the Department, and submitting of boundary descriptions and maps should be addressed to: Robert A. Mead Assessment & Appraisal Division Oregon Department of Revenue Salem, OR 97310 $7zt ~~/ D. M. Fisher, Administrator Assessment & Appraisal Division Enclosures cc: County Assessors Association of Oregon Counties Oregon School Boards Association Boundary Commissions (Marion-Polk, County Governing Bodies 1-0-'77 ~., (/ Lana & Portland Met) /1ZeuJ 'i.,.- GUIDELINES FOR PROCESSING TAXING DISTRICT BOUNDARY CHANGES Prior to 1975, ORS 308.225 did not contain any specific requirements for accuracy in the descriptions used to identify taxing district boundaries. Many descriptions sub- mitted to assessors were either ambiguous, erroneous, or incomplete. The result of not having reliable taxing district boundary descriptions was that the boundary lines were often located incorrectly on the assessor's maps and records. The effects were to assess property in the wrong taxing district or not to assess it at all. In 1975, ORS 308.225 was amended to require accurate reporting of taxing district boundary changes. In addition to the accuracy requirement, there was included a re- quirement that taxing district boundary changes also be filed with the Department of Revenue. The purpose of that requirement is threefold. First, it provides a review process as to the accuracy of boundary change descriptions and maps; this has proven especially beneficial to the small districts. Second, it provides the Department of Revenue with accurate taxing district boundary data for apportionment of railroad and utility values. Third, it provides the general public and governmental agencies a central source of taxing district boundary and tax code area boundary information. The purpose of this set of guidelines is to eliminate some of the problems experi- enced in the first year under amended ORS 308.225. 1. DEFINITIONS: Boundary Change. A change that occurs in the boundaries of a district of the formation of a new district, the consolidation or merger of two districts or parts thereof, the annexation of territory by a district, drawal of territory from a district, or the dissolution of a district. important to note that any revision of a boundary after final approval change must be treated as a ~ boundary change. by reason or more the with- It is of a Cadastral Map. The assessor's maps showing property ownerships. DescriPtion of Boundary Change. A written document identifying the geographic boundaries of a taxing district or the boundaries of an area of a taxing district that is being added to or excluded from. the district. Final Approved Form. That stage of processing a boundary change where nothing further remains to finalize the boundary change; that no further litigation is required; that all approvals have been obtained; and that the only act remaining is the filing required by ORS 308.225. To be in "final approved form" the boundary description must have been previously certified as closing by either the Department of Revenue or locally by a surveyor or engineer. Initial Filing. The first filing of a boundary description, prior to February 15, with the Department of Revenue for approval; this is in lieu of having the boundary description certified locally by a surveyor or engineer. Map. A cadastral map, that is, the assessor's ownership map. Use of this type of map will assist the district and the assessor in defining the boundary on his maps and records. In some cases, boundary changes cover such large areas that it is impractical to use a cadastral map and a township map of the county may be used instead. I'-'--~"--- - -- ,-.- GUIDELINES Page 2 Proposed Change. A boundary change which will not become final or effective by March 31, but.which is certain to become final or effective prior to July 1 of the same year. "Proposed Change" of a boundary should not be confused with a planned or intended boundary description being submitted to the Department for approval. Tax Code Area. A specific area of land within which there is a unique combina- tion of taxing districts yielding a given composite tax rate. Tax code areas are designated on cadastral maps by "code lines" and "code area numbers" and on assess-. ment records by code area numbers (or "code numbers"). 2. KEY TO STATUTORY REQUIREMENTS: A. The filing of the legal description of a boundary change and map with the assessor and the Department of Revenue is the responsibility of the party making the determination that the boundary change is "final" (that is, nothing further remains except compliance with ORS 308.225). The act of filing is not conclusive until received by the assessor and the Department of Revenue. The responsible party is usually a boundary commission or a board of county . commissioners. It is important to understand that it is not the responsibility of the assessor to search other public records to "discover" taxing district boundary changes or proposed changes. The fact that an assessor has made such a dis- covery does not relieve the filing body of the requirements of ORS 308.225. Until formally filed with him, the assessor has no way of knowing that a change is indeed final. B. The March 31 deadline for filing boundary changes is for those descriptions and maps that have been certified locally by a registered su~eyor or engineer (as per Subsection 5 of ORS 308.225) or that have been previously certified as closing by the Department of Revenue. In other words, the March 31 deadline is for "final approved" boundary changes. C. The February 15 deadline is for boundary descriptions that must be approved by the Department of Revenue (as per Subsection 5 of ORS 308.225). The taxing district can request advance approval. This approval does ~ eliminate the filing of the "final approved" description by March 31 with the assessor and the Department. D. Certification of closure of a description by a registered land surveyor or registered engineer means that the description must be "capable of closure." If the certified description is not correct, it will be impossible to accurately plot the boundary. E. If a description or map is disapproved by the Department, it is important to remember that it must be resubmitted to the assessor and the Department of Revenue by the deadlines provided for in Subsection 2 of ORS 308.225. 3. RECOMMENDATIONS: To avoid delay in having a change or proposed change approved: A. Always show on the description the section, township and range in which the change is located. ~-I --.,- GUIDELINES Page 3 B. Avoid describing the boundaries by using reference to extraneous documents; that is, deed of record, unless the reference is a secondary call. (It is a time-consuming task for the Department of Revenue to order these records from counties.) C. Be sure that the boundary of the description coincides with that which is entered on the map. If the boundaries do not coincide, neither the assessor nor the Department will be able to determine which is correct--the boundary description or the map. D. If a boundary change is to a street, it is desirable to include the area to the center of the street. This will be important should the street be vacated. If the intent is to include the street (to the center) be sure this is clearly described and shown on the map. E. The taxing districts or individuals that are seeking the boundary change should obtain advance certification of the boundary change locally from a surveyor or engineer or advance approval from the Department. This will eliminate con- fusion and delays in case of description errors when the processing of the boundary change is nearing its "final approved" status. 4. DEPARTMENT OF REVENUE ACTION: A. After a boundary change has been submitted to the Department of Revenue for approval it will be acknowledged to the filing body and the assessor by use of Department form A&A-0-39. The form will show what information has been sub- mitted, what type of change (Subsection 3 of ORS 308.225) is being made, whether the map and description have been approved or disapproved, and an ex- planation of how to correct the error or discrepancy in the description and map, when necessary; who submitted the map and description, and whether or not the description was certified as closing. B. If form A&A-Q-39 is not promptly received after submitting the description and map, it is advisable to contact the Department. C. So that there is sufficient lead time to check descriptions and maps and to send out notices and approvals, it will be helpful to both the county assessor and the Department that boundary changes be filed as much in advance as is possible. D. Enclosed with this Guideline is a copy of ORS 308.225 and a sample of an approved description and map. -. ~-~-"~-- - - - "' Oregon Revised Statute 308.225 308.225. (1) In preparing the assessment roll in any year, a county assessor shall disregard changes in the boundary lines of any taxing district levying ad valorem taxes as described in subsection (3) of this section or proposed changes described in subsection (4) of this section if the description and map showing changes or proposed changes are not filed with him in final approved form', in accordance with and at the time required by subsection (2) of this section. (2) Whenever a boundary change is made or proposed, the person, governing body, officer, administrative agency or court making the determination that the boundary change is final shall file with the county assessor and the Department of Revenue the legal description of the boundary change or proposed change and an accurate map showing the change or proposed change in final approved form, prior to the next March 31. The description of the boundary change shall be capable of closure, in that the series of courses shall start at a point of beginning and the final course shall end at that point of beginning. The map shall be provided to the filing body by the county assessor or the department within 14 days of being notified by the filing body that a boundary change is being proposed. The boundary line shall then be accurately entered thereon by the person, body, officer or agency making the filing. If the description and map require approval of the Department of Revenue under subsection (5) of this section because not certified as provided therein, the initial filing shall be made not later than February 15 of such year, and in final approved form not later than March 31 of such year. Proposed boundlll'Y changes shall be certified to the coun ty assessor and the department in the same manner as boundary changes. If the taxing district is located in more than one ' county, the description and map shall be filed with the assessor in each county and with the department within the time provided in this subsection. (3)"For purposes of this section, boundary change means the change that occurs in the boundaries of a district by reason of: (a) The formation of a new district; (b) The consolidation or merger of two or more districts or parts thereof; (c) The annexation of territory by a district; (d) The withdrawal of territory from a district; or (e) The dissolution of a district. (4) For the purposes of this section, a proposed change means a boundary change which has not become final or effective by March 31, but which is certain to become final or effective prior to July I of the same year. (5) The description of the boundary shall be certified as closing by either a: (a) Registered land surveyor, or (b) Registered engineer. If not so certified, each description and map filed under subsection (2) of this section shall be submitted to the Department of Revenue and approved or disapproved within 30 days of receipt. (6) Within five days of its determination, the Department of Revenue shall mail to each county assessor with whom a filing has been made and to the filing body notice of its approval or disapproval under subsection (5) of this section. If disapproved, the department shall explain what steps must be taken to correct the description or map, and shall cooperate with the filing body in helping it meet the requirements of subsection (5) of this section, and whenever possible, the filing date of March 31, Corrected descriptions and maps must then be resubmitted to the department, and approved, and tiled with the assessor or assessors. (7) The t1ling of the description and map under this section is for assessment and taxation purposes only and does not affect or relate to l1ling for any other purpose. .- ,----- -, CONTROl,."" '''0.< ""lOUT ~~ ~,,,. 1.......t.lJ ,.~ .. ._, '. ..(11:..."",.. 0 0 0 / V' <' ~ " 0 ,... ... '" 0 .. I: " .. -+u ... - HI2ID .. .. .. .. .. .. '" n " 0 Z 0 ... ,., ~!' C -tt ::0 c ~:: n. 0 . 00 '" .~ :-?'C ., ,., ... 0 ,., t:l I ~ '" .- ., ~ n I " ,.... 'tl l"t U'~ ,.... 0 :l Z i ~ . ~,() '" "d t"' i i '" :r 0 n ll> l"t VI . "(~ l"t ., ., .. OSAQiE " ,.... '" ~ AVlNUIt' ~ . 0 .,. i . :l H- . H = ~ . N V1 VI . I I: ..... ll> . ,., , . . ., ... P I: " ~ C'o . . ~ :;: ~ N ..,,, (; N ....", ;;; . "0 N'" R" 0_ ..... N . ,., . . C'on . Z 0, I ~ "'0 ..... -I ill 0 ~ " N ~ c: ~ 0 ~).. ::<l ""'" Cl> n ,., ." i C'o '" .... VI - , ~ ""0 _0. f'\) n ::0 ~ ,.... ,.. Cl> + :l - .... ~ t:l '" 0 0 ~ -' l"t<= '" ..- .,oo 31: ....... (; l"t.... l"t .. '" ll> :r ..- ., '" 0 '" n t:l '. 0 '" N 0<= .... " :l '" l"t <: oo'< ,.... 0 '" :l III <: :l "" '" <= -' .... <:r '< "" . ,.... ,.... :l < oo ,.... ., ,.... ,.... -tJ :l 0 :l N sn ..., HIlT -tt III Cl> .' ell Cl> ~~ '" N III ..... ... n r C': al a: -, '. -,_.- .~----- ~'-~'-'-'_..__._-_. ..-,-..- .--~'-- r (g 0 !!- 'i'1-iJZ606 AGREEMENT THIS AGREEMENT, made and entered into this 14th day of January, 1977, by and between the CITY OF ASHLAND, a Municipal Cor- poration, hereinafter called "CITY", and FRANK H. GODDARD and JOYCE H. GODDARD, husband and wife, hereinafter called "GODDARDS"; WIT N E SSE T H: RECITALS : 1. Goddards are the owners of real property located in Jack- son County, Oregon, and which is adjacent to the City of Ashland, and more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein. 2. Goddards wish to develop the land as a motel-restaurant complex and Recreational Vehicle Park and in order to do so, it is their des~re to have the land annexed to the City of Ashland so that it may be afforded City Services, including, but not limited to, sewer, water and electricity. NOW, THEREFORE, in consideration of the foregoing Recitals, and of the mutual covenants contained herein, it is agreed by and between the parties hereto as follows: THINGS TO BE DONE BY GODDARDS: 1. They agree to pay to the City of Ashland, the sum of one cent (l~) per square foot for the land described in the foregoing Recitals, and that this totals $1,451.85, and that this sum shall be paid in full in cash to the City upon the execution of this Agreement and is in payment to the City for the cost of City utility facilities that have been paid for by the taxpayers of the City of Ashland and which shall benefit the above described land. 1 2. To develop the above described land as a motel-restaurant -1- !ftTVf'//V To: {'n-y I?Etcttl?t!lI; Clry #AU" AS#L#,vP; C:"A~ 97~-'}.C> ''/'1-02606 complex and Recreational Vehicle Park in accord with all existing state and city laws, and when the two may be in conflict, then in accord with the more restrictive law, and also in compliance with the following re- quirements which shall be completed to the reasonable satisfaction of the City; said requirements are: a. That a phasing plan showing what facilities will be installed under each stage be submitted to the Planning Commission for its reasonable approval. b. That a grading plan, including provisions for the col- lection and underground transmission of drainage waters, be submitted to the City Engineer for his approval prior to any site work. That these plans shall be implemented on a schedule left to the reasonable discretion of the City Engineer pursuant to the phasing required in Section (a). \ c. That a landscape plan, including types and placement of plant materials, and irrigation and protective curbs or headers, be submitted to the Planning Commission for approval. Such plans to show how landscaping will be installed under the phasing schedule. Said plant materials to be installed under the phasing schedule. Said plant materials to be installed prior to occupancy, and that this landscaping plan be implemented as part of the development of the subject land, or a satisfactory performance bond posted to insure such completion within 6 months. d. That ample trash storage areas be provided, enclosed with a six (6) foot View-obscuring wall or fence with self-closing gates. e. That the parking area shall be lighted by light standards with underground feeds, except that such height limitations may be exceeded at the entrances to the property. All lighting shall be directed into or on the site, and away from property lines. -2- 77-1)2606 . f. That an on-site fire hydrant, including protective barri- cades, shall be provided on the property as required by the Fire Chief. g. That a minimum of twelve (12) feet vertical clearance for fire apparatus shall be provided under any canopies or port cocheres covering main circulation drives, as approved by the Fire Chief. h. All driveways and parking areas shall be paved with as- phalt with a minimum thickness of two-inches (2) on a suitable rock base, or comparable surfacing. 3. The land described above shall be maintained in accord with the foregoing requirements and all provisions of this Agreement and in accord with the laws of the State of Oregon and the City of Ashland so long as said land is used as a motel-restaurant complex and Recreational Vehicle Park. 4. So that the City may provide underground electrical services to the subject property, Goddards agree that they will dig the necessary ditches on their property and if the soil is rocky so that conduit is required in the judgment of the City, then Goddards will reimburse the City for the cost of such conduit and after the line is installed, then Goddards will backfill the ditches. 5. The subject land shall be maintained in accord with all of the provisions of this Agreement in accord with the laws of the State of Oregon and the City of Ashland so long as said land i~ used as a motel- restaurant complex and Recreational Vehicle Park. 6. To develop the subject land as a-motel-restaurant complex and Recreational Vehicle Park in accord with the plans on file with the City of Ashland and which bear the signature of the parties hereto; and, further, that the land will not be used for any other purpose until such development is constructed. This restriction on the use of the land shall terminate after an BO-unit motel has been constructed. -3- 77"02606 7. Upon execution of this Agreement, Goddards shall pay to the City of Ashland the sum necessary to compensate the City for assum- ing the land's indebtedness for bonded obligations issued by the Jack- Such sum is in the amount of $13.81 ~ ~p AT ~' TN,47 #,0 T&",r C/1"'f'lV~ /3/ 'pc/! I'" /fNY 7"1-''1& /I//'D 7#A T A ';J'I-'#-"C'1)/J.#Y J-/1i7 /3J! .t'7AL5.L/J~,EP ,eel'( Ci((.t//~A-"'t..! //Y r-#I! THINGS TO BE DONE BY THE CITY: 1?f'~/?e"Td"'4-L- j/,u//c~t: P/I A' tr, 1. To furnish City utilities services, includin~r, sewer, son County Fire District No.5. (Thirteen and 81/100 Dollars). and electricity to the land described above if said land is annexed to the City and then within a reasonable time thereafter and from the request for such services being made by the Goddards. 2. To schedule and hold the necessary pbulic hEarings relative to the annexation of the above described land, and its withdrawal from Jackson County Fire District No.5, and also for the zoning of the land as C-l. GENERAL TERMS: 1. This agreement shall ~e null and void and all monies paid into the City by Goddards shall be returned to them unless the City, within one hundred eighty (180) days of the public hearings above mentioned, does annex the above land, withdraw it from the Talent Rural Fire Protect- ion District, and change its zone classification to C-l. 2. All determinations or approvals which by the terms hereof are required to be made by the City of Ashland's agents or commissioners, shall be made with reference to the standards set forth in the Ashland Building Code or the conditional use permit issued by the Planning Commiss- ion, laws of the State of Oregon, or the City of Ashland arid the terms of this agreement. 3. It is agreed that the burdens ~posed bi this agreement on the land and run with the land, so as to be binding on its future owners until the land is used as a motel-restaurant complex and Recreational Vehicle Park, then such use is subsequently terminated. . -4- 77-{)2606 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the date first aoove-mentioned. ~;1/. W~~AHLJt, JO E . GODDARD BY: officials CITY Pickett, MAYOR ~.~ M. Butler, CITY RECORDER STATE OF OREGON ) ss. County of Jackson) On this/1~ day of ;-.+-IVV,ffi.'L-, 1977, before me appeared GARY L.' PRICKETT and JOSEPH M. BUTLER, botW to me personally known who being duly sworn did say that he, the said GARY L. PRICKETT, is the Mayor, and he, the said JOSEPH M. BUTLER, is the City Recorder of the City of Ashland, the within named Muni- cipal Corporation, and toe said GARY L. PRICKETT and JOSEPH M. BUTLER each acknowledged to me that the said Agreement was the free act of said City. STATE OF OREGON ) County of JacY~on)ss. BE ~lBERED that on this If day of , 1977, before me the under- "" / sig~<l. a 'Notary Public in and for said State, personally appeared , j""0he-"'1..thin ~ed FRANK H. GODDARD and YCE H, GODDARD, husband and wife, who are. .' ~'\ ~.".l<~q~ ~o 'l'e' ~ be the identical indi", Duals who executed the within instrument, I o,.~' ~.. ~know edge to me that they executed the same freely and voluntarily. :i .!.' 'l'; ~ ~ ~ d ~t ...~/~". ,~ ,I ~S:,f~~.~~E~~lt~e~~ve hereunto set m :7~(7 ~ay an \\. "'.... " t, /<.. l...../ N t ry ublic of Oregon "'\ ,;'.., \~./ My Commission expires: ~ f /"f7? '}' '( <II..'. ;'-1~. ~},,:,...~,.,,,,,, "'"..._~--"",,---'~ 77-02606 AGREEIlENT EXHIBIT "A" Commencing at the Quarter Corner common to Sections 11 and 14 in Township 39 South, Range 1 East of the Willamcttc Meridian, Jack- , son County, Oregon; thence South 89 54'01" East along the North line of said Section 14, a distance of 60.04 feet to an intersect- ion with the projected Easterly right of way of a frontage road; thence South 00 02' 53" West along said Easterl.y right of way 230.00 feet to an intersection with the-Southerly city limits line of the-- City of Ashland, for the True Point of Beginning: thence South 89 54'01" East, parallel to the North line of said Section 14, a dis- tance of 337.50 feet; thence South 00 02' 25" West 432.,20 feet to the South boundary line of the NW ~, of the NE ~ of said Section 14; thence North 89 5l'5~' West along said South boundary line, a dis- tance of 300.93 reet; thence along the arc of a 70.00 foot radius curve to the right (the chord of "hich bears North 30 43'01" West 71.61 feet) a distance of 75.17 feet to the Easterly right of way of said frontag~ road; thence North 00 12'51' East along said Easterly right of way 370.52 feet to the true point of beginning containing 3.333 acres more or less. ; Jackson County, Oregon Recorded OFFICIAL RECORDS ,;):iJf FES 81977 Y.M. HARRY CHiPMAN C~~dRECORDER By./ ,;1-/1-- Deputy -. -~.__..._._~-.."..-..-..--,",- ,-, '. . .~ ',0 , ::::' 'j. :r: -~ '" ""'1'.~'{,~ I}:?---I (,,00 ~ 77-04989 ADDENDUM TO AGREEMENT THIS ADDENDUM is to an AGREEMENT entered into the 14th day of January, 1977, by and between the CITY OF ASHLAND, a Municipal Corporation of the State of Oregon, hereinafter referred to as "CITY", and FRANK H. GODDARD and JOYCE H. GODDARD, husband and wife, herein- after referred to as "GODDARDS"; WIT N E SSE T H: RECITALS: 1. Since the date of the above agreement, the City of Ashland has experienced a draught with a substantial water sl1ortag'e, making it inadvisable for the City to extend its water service commitments until the draught has ended. 2. The Goddards, recognizing this, still wish to have their land annexed to the City of Ashland in accord with the original agreement, and as modified herein. NOW, THEREFORE, in consideration of the foregoing Recitals, and of the City of Ashland annexing the land herein described and withdrawing from special taxing districts, the Goddards agree that the property herein described will not be entitled to water service in any way, except for construction purposes, and that the property will not be entitled to open for business nor to a certificate of use and occupancy until the City in its discretion, determines that the present water shortage has ended and that the City has sufficient water supplies to service the hereinafter described property. The property to which this ayreement applies is located in Jackson County, Oregon, and more particularly described as follows: Commencing at the Quarter Corner common to Sections 11 and 14 in Township 39 South, Range 1 East of the Willamette Meridian, Jackson County, Oregon; thence South 89054'01" East along the North line of said Section 14, a distance of 60.04 feet to an intersection with the projected Easterly right of way of a frontage road; thence South 00012'53" West along said Easterly right of way 230.00 feet to an intersection with the Southerly city -1- Addendum to Agreement RONALD L. SALTER ATTORNEY AT LAW 70 NORTH PIONEER STFlEET P. O. BOX 727 ASHLAND. OREGON 97520 iJ/ (11371/ /l tv TC,', C /1'1 /715CN,PM e. /ry 1/ 4 L L. /) fi,tfi./I /vO ['f? 'I? ~-:h' , 77-04989 Jackson County, Oregon Recorded OFFICIAL RECORDS /:1::1. / MAR 15 1977 P.M. HARRY CHIPMAN CLERK and RECORDER By ::f fl-1-'--^' ;J. Deputy '7Jtc.- ~~ ~imits ~ine of the City of Ashland, for the True Point of Beginning; thence South 89054' 01" East, parallel to the North line of said Section 14, a distance of 337.50 feet; thence South 00002'25" West 432.20 feet to the South boundary line of the NW 1/4, of the NE 1/4 of said Section 14; thence North 89051'58" West along said South boundary line, a distance of 300.93 feet; thence along the arc of a 70.00 foot radius curve to the right (the chord of which bears North 30043'01" West 71.61 feet) a distance of 75.17 feet to the Easterly right of way of said fron- tage road; thence North 00012'53" East along said Easterly right of way 370.52 feet to the true point of beginning containing 3.333 acres more or less. DATED this c2 y Z1v day of February, 1977. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the date first above ment'oned. \pl"""II, ,I"" [' ,"'" ,", \. 'I C j/ .1 '1_, ".',_';.'" ......... '10 -', v.~..,...<.,....~. 6'''...- .~~.'{::, "" \,.:' , ";- ~"~.., "\ 'c.': . Q"f-Ry: ", .~. " # . :~.~lv"0 : ';, PU1)Y'\ .:c: .~~'.>... ".<";,<J 'r '..,... ',' ", ' :,"F :J'I: " STATE OF OREGON ~/ ~ , RANK H. GOD 'W~( ~f/#,0/~ J H. GODDARD ) ss. County of Jackson) BE IT REMEMBERED that on this 1;~day of February, 1977, before me the undersigned, a Notary Public in and for said County and State, person- ally appeared the within named FRANK H. GODDARD and JOYCE H. GODDARD, husband and wife, who are known to me to be the identical individuals who executed the within instrument, having acknowledge to me that they executed the same freely and voluntarily. IN WITNESS \~EREOF, I have hereunto set my hand and official seal the day and year above last written~ " ~. ~, _ 717e)/~ o ary Pu 1i~ 0 Oregon My Commission expires:'?ltur.' ~~ /9&'0 -2- Addendum to Agreement RONALD L. SALTER ATTORNEY AT LAW 70 NORTH PIONEE:R STRE:ET P. O. BOX 727 ASHLAND. OREGON 97520 AGREEMENT THIS AGREEMENT, made and entered into this 14th day of January, 1977, by and between the CITY OF ASHLAND, a Municipal Cor- poration, hereinafter called "CITY", and FRANK H. GODDARD and JOYCE H. GODDARD, husband and wife, hereinafter called "GODDARDS"; WIT N E SSE T H: RECITALS: 1. Goddards are the owners of real property located in Jack- son County, Oregon, and which is adjacent to the City of Ashland, and more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein. 2. Goddards wish to develop the land as a motel-restaurant complex and Recreational Vehicle Park and in order to do so, it is their desire to have the land annexed to the City of Ashland so that it may be afforded City Services, including, but not limited to, sewer, water and electricity. NOW, THEREFORE, in consideration of the foregoing Recitals, and of the mutual covenants contained herein, it is agreed by and between the parties hereto as follows: THINGS TO BE DONE BY GODDARDS: 1. They agree to pay to the City of Ashland, the sum of one cent (Ie) per square foot for the land described in the foregoing Recitals, and that this totals $1,451.85, and that this sum shall be paid in full in cash to the City upon the execution of this Agreement and is in payment to the City for the cost of City utility facilities that have been paid for by the taxpayers of the City of Ashland and which shall benefit the above described land. 2. To develop the above described land as a motel-restaurant -1- complex and Recreational Vehicle Park in accord with all existing state and city laws, and when the two may be in conflict, then in accord with the more restrictive law, and also in compliance with the following re- quirements which shall be completed to the reasonable satisfaction of the City; said requirements are: a. That a phasing plan showing what facilities will be installed under each stage be submitted to the Planning Commission for its reasonable approval. b. That a grading plan, including provisions for the col- lection and underground transmission of drainage waters, be submitted to the City Engineer for his approval prior to any site work. That these plans shall be implemented on a schedule left to the reasonable discretion of the City Engineer pursuant to the phasing required in Section (a). c. That a landscape plan, including types and placement of plant materials, and irrigation and protective curbs or headers, be submitted to the Planning Commission for approval. Such plans to show how landscaping will be installed under the phasing schedule. Said plant materials to be installed under the phasing schedule. Said plant materials to be installed prior to occupancy, and that this landscaping plan be implemented as part of the development of the subject land, or a satisfactory performance bond posted to insure such completion within 6 months. d. That ample trash storage areas be provided, enclosed with a six (6) foot view-obscuring wall or fence with self-closing gates. e. That the parking area shall be lighted by light standards with underground feeds, except that such height limitations may be exceeded at the entrances to the property. All lighting shall be directed into or on the site, and away from property lines. -2- f. That an on-site fire hydrant, including protective barri- cades, shall be provided on the property as required by the Fire Chief. g. That a minimum of twelve (12) feet vertical clearance for fire apparatus shall be provided under any canopies or port cocheres covering main circulation drives, as approved by the Fire Chief. h. All driveways and parking areas shall be paved with as- phalt with a minimum thickness of two-inches (2) on a suitable rock base, or comparable surfacing. 3. The land described above shall be maintained in accord with the foregoing requirements and all provisions of this Agreement and in accord with the laws of the State of Oregon and the City of Ashland so long as said land is used as a motel-restaurant complex and Recreational Vehicle Park. 4. So that the City may provide underground electrical services to the subject property, Goddards agree that they will dig the necessary ditches on their property and if the soil is rocky so that conduit is required in the judgment of the City, then Goddards will reimburse the City for the cost of such conduit and after the line is installed, then Goddards will backfill the ditches. 5. The subject land shall be maintained in accord with all of the provisions of this Agreement in accord with the laws of the State of Oregon and the City of Ashland so long as said land i~ used as a motel- restaurant complex and Recreational Vehicle Park. 6. To develop the subject land as a motel-restaurant complex and Recreational Vehicle Park in accord with the plans on file with the City of Ashland and which bear the signature of the parties hereto; and, further, that the land will not be used for any other purpose until such development is constructed. This restriction on the use of the land shall terminate after an 80-unit motel has been constructed. -3- 7. Upon execution of this Agreement, Goddards shall pay to the City of Ashland the sum necessary to compensate the City for assum- THINGS TO BE DONE BY THE CITY: ing the land's indebtedness for bonded obligatio.ns issued by the Jack- It!?~ son County Fire District No.5. Such sum is in the amount of $13.81 ; I L7 ~ I - rr//? ,A T '[.71f#T ;VI/' T.cIl"T c.4;If'I#~' {] ... ./O/,,,-,{ (Thirteen and 81/100 Dollars). /I,<-y rlnE. 4vIJ T#4T A 5h''''''('7) p",'1 L/AfIT ;3/:" /i';'rAt'!U/fl7fij) /--PI'( Ct.., V/?~A__'{j)j/.4 r/"/~ /1~t.'/j'E4771!""4t. I/E#/LI.-.c ,P.4/?Ir. 1. To furnish City utilities services, including wa e ,':ewer, and electricity to the land described above if said land is annexed to the City and then within a reasonable time thereafter and from the request for such services being made by the Goddards. 2. To schedule and hold the necessary pbulic hEarings relative to the annexation of the above described land, and its withdrawal from Jackson County Fire District No.5, and also for the zoning of the land as C-l. GENERAL TERMS: 1. This agreement shall be null and void and all monies paid into the City by Goddards shall be returned to them unless the City, within one hundred eighty (180) days of the public hearings above mentioned, does annex the above land, withdraw it from the Talent Rural Fire Protect- ion District, and change its zone classification to C-l. 2. All determinations or approvals which by the terms hereof are required to be made by the City of Ashland's agents or commissioners, shall be made with reference to the standards set forth in the Ashland Building Code or the conditional use permit issued by the Planning Commiss- ion, laws of the State of Oregon, or the City of Ashland and the terms of this agreement. 3. It is agreed that the burdens imposed by this agreement on the land and run with the land, so as to be binding on its future owners until the land is used as a motel-restaurant complex and Recreational Vehicle Park, then such use is subsequently terminated. . -4- IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the date first above-mentioned. jil-w~-/LJ ~;Z/. (1j~ J C H. G DDARD CITY officials ~J' ickett, MAYOR :2,~ Butler, CITY RECORDER STATE OF OREGON ) ss. County of Jackson) On this /ff-<<day of J>fIYV~11 , 1977, before me appeared GARY L. PRICKETT and JOSEPH M. BUTLER, both'to me personally known who being duly sworn did say that he, the said GARY L. PRICKETT, is the Mayor, and he, the said JOSEPH M. BUTLER, is the City Recorder of the City of Ashland, the within named Muni- cipal Corporation, and the said GARY L. PRICKETT and JOSEPH M. BUTLER each acknowledged to me that the said Agreement was the free act of said City. STATE OF OREGON ) County of Jackson)ss. BE IT REM~ERED that on this~day of , 1977, before me the under- signed, a Notary Public in and for said d State, personally appeared the within named FRANK H. GODDARD and CE H. GODDARD, husband and wife, who are known to me to be the identical indiv uals who executed the within instrument, having acknowledge to me that they executed the same freely and voluntarily. II: WITNESS \,'HEREOF, I have hereunto 0 7~1 s 1 the day and year last above written. (~ of Oregon expires: ~ ~ /97y .--- i ,-- {"OO --- ADDENDUM TO AGREEMENT THIS ADDENDUM is to an AGREEMENT entered into the 14th day of January, 1977, by and between the CITY OF ASHLAND, a Municipal Corporation of the State of Oregon, hereinafter referred to as "CITY"" and FRANK H. GODDARD and JOYCE H. GODDARD, husband and wife, herein- after referred to as "GODDARDS"; WIT N E SSE T.H: RECITALS: 1. Since the date of the above agreement, the City of Ashland has experienced a draught with a substantial wa.ter shortage, making it inadvisable for the City to extend its water service commitments until the draught has ended. 2. The Goddards, recognizing this, still wish to have their land annexed to the City of Ashland in accord with the original agreement, and as modified herein. NOW, THEREFORE, in consideration of the foregoing Recitals, and of the City of Ashland annexing the land herein described and withdrawing from special taxing districts, the Goddards agree that the property herein described will not be entitled to water service in any way, except for construction purposes, and that the property will not be entitled to open for business nor to a certificate of use and occupancy until the City in its discretion, determines that the present water shortage has ended and that the City has sufficient water supplies to service the hereinafter described property. The property to which this agreement applies is located in Jackson County, Oregon, and more particularly described as follows: Commencing at the Quarter Corner common to Sections 11 and 14 in Township 39 South, Range 1 East of the Willamette Meridian, Jackson County, Oregon; thence South 89054'01" East along the North line of said Section 14, a distance of 60.04 feet to an intersection with the projected Easterly right of way of a frontage road; thence South 00012'53" West along said Easterly right of way 230.00 feet to an intersection with the Southerly city ATTORNEY AT LAW !?/O It-. rr. rv C 11'{ <<- rty 1-14LL. )/ ';Hi.1l "0 C ff. , / -1- Addendum to ~greement A. . .,. RONALD L. SALTER 7(;) ;7 & (t:r.P&~ .., '>" 70 NORTH PIONEER STFlEET P. O. BOX 727 ASHLAND, OREGON 97520 'i 1 t>--:1,,' "'"? ~\ '" ... limits line of the City of Ashland, for the True Point of Beginning; thence South 89054' 01" East, parallel to the North line of said Section 14, a distance of 337.50 feet; thence South 00002'25" West 432.20 feet to the South boundary line of the NW 1/4, of the NE 1/4 of said Section 14; thence North 89051'58" West along said South boundary line, a distance of 300.93 feet; thence along the arc of a 70.00 foot radius curve to the right (the chord of which bears North 30043'01" West 71.61 feet) a distance of 75.17 feet to the Easterly right of way of said fron- tage road; thence North 00012'53" East along said Easterly right of way 370.52 feet to the true point of beginning containing 3.333 acres more or less. DATED this c1 g tW day of February, 1977. hands and IN WITNESS WHEREOF, the parties have hereunto seals the date first above mentioned. / set their Ai r ,~~( GODIlARD /! ,-7/ ,--x,j J; J: ..J' , "---I{,;.</{' f/ N' ('P!(;CJ:-CY.L;f,tcY../ J~C~ H. GODDARD STATE OF OREGON, ss. County of Jackson) BE IT REMEMBERED that on this j~~day of February, 1977, before me the undersigned, a Notary Public in and for said County and State, person- ally appeared the within named FRANK H. GODDARD and JOYCE H. GODDARD, husband and wife, who are known to me to be the identical individuals who executed the within instrument, having acknowledge to me that they executed the same freely'and voluntarily. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year above last written~~ \~. mr!-I/~ o ary Public of Oregon My Commission expires:j1tf1i7 j~ /9%"0 -2- Addendum to Agreement RONALD L. SALTER ATTORNEY AT LAW 70 NORTH PIONEER STREET P. o. BOX 727 ASHLAND. OREGON 97520 J .' ~o: Ashland City Council Members. Subject: Water shortage & effects of proposed motel complex developement. From: Frank Goddard To remove any doubt as to the consumption'of water for motel use, the attached page of statistics was procured from city records. Using actual water consumed by all motels and a random sa~pling of ten local residences, the figures show that each home consumes ).5) times as much water as each motel unit. 3ased on these actual consuption figures, our total complex of 80 motel units, restaurant and motor home court will use less water than 40 homes. The real issue is not a water shortage, as there is more than adequate water available - even during an abnormally dry year. The real issue is simply, that Ashland is once again at the cross-road of its history. where a consideration must be given to increase the city's water storage capacity to meet the needs of normal growth., According to information obtained from a report prepared by Yr. Allen Alsing in 197'), titled "City of Ashland \vater Facilities and Resources", the following facts were established: 1. This area, historically, experiences an unusually dry year approximately every ten years. 2. There is always an abundance of water available, but ~dequate storage facilities is obviously the greatest ;,rob:'em. ). AC2quate water storage is not a new problem - Ashland has found it necessary to increase the water storage numerous times in the past. Regardless of the type of growth, Ashland must give consider- ation and take action to expand the water storage capacity. If growth is limited only to residential, it is obvious that the following will result: 1. The city will suffer financially because unemployment is already a critical situation and new jobs must be created. 2. ~he water storage facilities will still have to be increased. ). ),jore housing means an increasing burden to our school system and other public facilities, with very little financial return to the city. On the other hand, if a business such as we are proposing, is permitted to be built in this area, then the following results are certain to take place: -",~,._._,".,,+,.._, '-,.. I Cl"o:r . , \' 1. More than 50 new jobs will be created when the total project is complete. 2. This business will not place any increase cost or burden on our school system. 3. This area is best suited for, ,and de.fini tely, the local economy is very dependent upon tourism. Tourism is by far the most desirable industry for'any corr~unity. It reouires no raw materials or resources other than water and services. but puts a very high dollar return ratio into the community. Using the economic multiplier effect factor. each outside dollar spent in an area has the propensity to turn-over approximately six times. We are talking about a business that will gross over one million dollars a year. Applying the multiplier fac~or. the business will have more than a six million dollar impact on the local economy. This is not taking into consideration other money spent in our community by ~he same people at other businesses. The economic impact of our business establisPMent could very well more than off-set the annual cost created by expanding the water storage facilities to meet future needs. Home construction alone would merely continue to increase the burden. Res~ctfultY; 0.....--"< \ I ~->'----^---/ c:-'d.4--.. . Frank Goddard ._""....--......-,.....,-- __.._1 __ ___._._._.^.__.~_ / ~;. , . ',' MOTEL YATER USAGE 1976 (cu. ft.) 12 MOS. AV. PER AV. PER HIGHEST ACC'T. NO. MOTEL UNITS USAGE MONTH UNIT MOO TH 5-30374 Bard · s Inn Motel ':;3 199,930 ' 16,6€IJ 504 Jul. 8-8252 Ashland Motel 26 152,912 12,742. 490 Jul. e .',>,732 Valley Entrance Motel 21 96,456 8,038 382 Jul. 8-7338 Palm Motel 13 113,828 9;485 729 Jul. 19-314 Timbers Motel 29 279,890 23,324 804(/ Sep. 25-4219 Knights Inn Hotel 33 176,870 14,739 446 Aug. ,~/ ;;J' ~ ll' .. .. .. .. .. .. , .. .. .. .. .. .. .. MISCEIJ..ANEOUS R~IDENTIAL USAGE .. 1976 12 HOS. .., ~~ liIGHEST :1 r. :..::.0..'1. ACC'T. NO. STREET USAGE, . MONTH HONT:.--! 1-49816 Iowa Street 33,~ 2,803 Aug. 1..65119 Union Street 30,824 2,568 Jul. 1 -1557 Cambridge Stree(. 29,510 2,459 Jul. 13-25820 West Nevada Street 21,651 1,804 . Jul. 18-2758 fuach Street 20,056 1,671 Jun. 18-4812 Beach Street 13,690 1,140 Jun. 18-16873 IDkader Street 14,136 1,178 Jul. 18-38711 Pleasant Way 27,711 2,309 Jul. 24-4848 Frances Lane '27,321 2,276 Jun. 24-45338 Walker Avenue 18,275 1,,522 May -;(,3 '"\ * * ~ *. * * * * * * * * * * A VERAGE PER RZSIDU'CE FOR 12 l10NTHS 3,580 61,571,577 17,198 .U'~ = $~ 3.!3;:1 NUMBER OF RZSIDE'lTIAL CUSTOl1ERS TOTAL CU. FT. CONSUMED IN 12 MONTHS '---f-.r-e""'- '\ I,)~ -#........' r ('~. .. '0 ~- hH "ho-".+__).\",,-!2,__ Jubr) / ~ RONALD L. SALTER ATTORNEY AT LAW 70 NORTH PIONEER STREET P. o. BOX 727 ASHLAND. CREGON 97SZ0 AREA CODE 303 TELEPHONE 482.4215 March 8, 1977 Mr. Joseph Butler Ci ty Recorder City Hall Ashland, Oregon 97520 Dear Joe: Re: Goddard Election You have asked whether the original agreement and the addendum should be recorded. I believe the answer is definitely in the affirmative and we particularly need to be sure that the legal description is attached to the original agreement. The legal description was incorporated by me into the body of the addendum. Very truly yours, ~ ().. f) LJ-- -. t#~ RONALD L. SALTER City Attorney RLS/sdl --- ADDENDUM TO AGREEMENT THIS ADDENDUM is to an AGREEMENT entered into the 14th day of January, 1977, by and between the CITY OF ASHLAND, a Municipal Corporation of the State of Oregon, hereinafter referred to as "CITY"" and FRANK H. GODDARD and JOYCE H. GODDARD, husband and wife, herein- after referred to as "GODDARDS"; WIT N E SSE T H: RECITALS: 1. Since the date of the above agreement, the City of Ashland has experienced a draught with a substantial water shortage, making it inadvisable for the City to extend its water service commitments until the draught has ended. 2. The Goddards, recognizing this, still wish to have their land annexed to the City of Ashland in accord with the original agreement, and as modified herein. NOW, THEREFORE, in consideration of the foregoing Recitals, and of the City of Ashland annexing the land herein described and withdrawing from special taxing districts, the Goddards agree that the property herein described will not be entitled to water service in any way, except for construction purposes, and that the property will not be entitled to open for business nor to a certificate of use and occupancy until the City in its discretion, determines that the present water shortage has ended and that the City has sufficient water supplies to service the hereinafter described property. The property to which this a~reement applies is located in Jackson County, Oregon, and more particularly described as follows: Commencing at the Quarter Corner common to Sections 11 and 14 in Township 39 South, Range 1 East of the Willamette Meridian, Jackson County, Oregon; thence South 89054'01" East along the North line of said Section 14, a distance of 60.04 feet to an intersection with the projected Easterly right of way of a frontage road; thence South 00012'53" West along said Easterly right of way 230.00 feet to an intersection with the Southerly city -1- Addendum to Agreement RONALD L. SALTER ATTORNEY AT LAW 70 NORTH PIONEER STREET P. O. BOX 72.7 ASHLAND. OREGON 97520 -~---._--y-----------~-_. limits line of the City of Ashland, for the True Point of Beginning; thence South 89054' 01" East, parallel to the North line of said Section 14, a distance of 337.50 feet; thence South 00002'25" West 432.20 feet to the South boundary line of the NW 1/4, of the NE 1/4 of said Section 14; thence North 89051'58" West along said South boundary line, a distance of 300.93 feet; thence along the arc of a 70.00 foot radius curve to the right (the chord of which bears North 30043'01" West 71.61 feet) a distance of 75.17 feet to the Easterly right of way of said fron~ tage road; thence North 00012'53" East along said Easterly right of way 370.52 feet to the true point of beginning containing 3.333 acres more or less. DATED this d g tW day of February, 1977. hands and IN WITNESS WHEREOF, the parties have hereunto seals the date first above mentioned. /"/ set their n r /~~( GODDARD ad~ R/ ft), GJoddaxcJf/ J~ct H. GODDARD STATE OF OREGON, ) ss. County of Jackson) BE IT REMEMBERED that on this 2f~day of February, 1977, before me the undersigned, a Notary Public in and for said County and State, person- ally appeared the within named FRANK H. GODDARD and JOYCE H. GODDARD, husband and wife, who are known to me to be the identical individuals who executed the within instrument, having acknowledge to me that they executed the same freely and voluntarily. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year above last written~ \~. ~e ;/# o ary publi6 of Oregon My Commission eXPires:/1cJ-1171~ /921'0 -2- Addendum to Agreement RO NALD L. SALTER ATTORNEY AT LAW 70 NORTI-l PIONEER STREET P. O. BOX 727 ASHLAND. OREGON 97520 ADDENDUM TO AGREEMENT THIS ADDENDUM is to an AGREEMENT entered into t:he 14t:h day of January, 1977, by and bet_en t:he CITY OF ASHLAND, a Municipal corporation of t:he State of oregon, hereinafter referred to as "CITY", and FRANK H. GODDARD and JOYCE H. GODDARD, husband and wife, herein- after referred to as "GODDARDS", WIT N E SSE 'I' H: RECITALS: 1. Sinoe the dat:e of the above agre_nt, t:he City of Ashland has experienced a drauqht with a substantial water shortage, making it inadvisable for t:he City to extend its water servioe oommitments until the drauqht has ended. 2. The Goddards, recognizinq this, still wish to have t:heir land annexed to t:he City of Ashland in acoord with t:he oriqinal aqre_nt, and as modified herein. NOW, 'l'HBREFORE, in consideration of t:he foreqoinq llecitals, and of the City of Ashland annexinq the land herein described and wit:hdrawinq frOlll special taxinq districts, t:he Goddards agree that t:he property herein described will not be entitled to water service in any way, except for construction purposes, and that the property will not be entitled to open for businass nor to a .oertificate of use and occupancy until t:he City in its discretion, det:ermines t:hat. t:he present. water shortaqe has ended and that: t:he City has sufficient wat.er supplies to servioe t:he hereinafter describec1 property. The property to which this aqreement appl1es is located in; Jackson COunty, Oregon, and more particularly described as follows: C""""'.ncing at the Quarter Corner ClOIlIIIIOn to Sections 11 anc1 14 in Township 39 South, Range 1 East of the Willamette Meridian, Jackson County, Oregon, thence South8g.S4'01" East along the North line of said Section 14, a distance of 60.04 feet to an intersection wit:h t.he projected Easterly r1qht. of way of a frontaqe road, t.hence Sout:h 00-12'S3" West alonq said Basterly riqht. of way 230.00 feet. t.8 an intersect.ian wit:h the Southerly city -1- Addendum to Agreemen~DNALD L. SALTER ATTORNEY AT L.AW 70 NORTH PIONEER STREET P. O. BOX 727 ASHLAND, OREGON 97520 1- limit. line of the City of Ashland, for the '1'ru. Point of Beqinnin~ theno. South 89.54' 01" 1':ast, parallel to e North line of said Seotion 14, a distano. of 337.50 f..t, theno. South 00.02'25" West 432.20 f..t to the South boundary line of the NW 1/4, of the NE 1/4 of .aid S.otion 14, theno. North 89.5l'5S" West along' .aid South boundary lin., a distano. of 300.93 feet, thenoe along' the arc of a 70.00 foot radius curv. to the riqht (the ohord of which bear. North 30.43'01- West 71.61 f..t) a distanoe of 75.17 f..t to the Easterly riCJht of way of .aid fron- taCJ. road, thence North 00.12' 53" Ea.t alonq .aid Easterly riqht of way 370.52 f.et to the true point of beqinninq containinq 3.333 acres more or 1.... DA'l'BD this 2J'dv day of F.bruary, 1977. IN WI'l'NBSS WBI!lREOI', th. parti.s have her.unto .et their hand. and .eal. the date first above mentioned. ~U3~1 /~~~D~ S'1'A'l'B 01' OREGON) )) s.. County of Jack.on) BE 1'1' RZMBMBBRED that on this ~>l~ day of Felilruary, 1977, b.fore me the undersigned, a Notary Publio iii'"iii'a" for said County and Stat., persOn- ally appeared the within named FRANK H. GODDARD and JOYCE H. GODDARD, husband and wif., who are Jcnown to me to be the identical individuals who .xecuted the within inst:rument, havinq aoknowledqe to me that th.y executed the same fre.ly and voluntarily. IN WI'l'NBSS WHEREOF, I have h.reunto s.t my hand and official s.al the day and y.ar abcmt last writt.d/ (1 ~ 71t 7/dP ~l~o~reqon My Commission .xpires: )1 ~ ,:M If fie? -2- Addendum to Aqre.-nt RONALD L. SALTER ATTORNEY AT LAW 70 NORTH PIONEER STREET P. O. BOX 727 ASHLAND,CREGON 97520 , MINUTES OF THE REGULAR ~ffiETING ASHLAND CITY COUNCIL February 15, 1977 PLEDGE OF ALLEGIANCE ROLL CALL Mayor Prickett led the Pledge of Allegiance and called the meeting to order at '7:30 PM on the above date in the Council Chambers. Present were Councilmembers Laws, Phelps, McCannon, Ragland, and Drescher APPROVAL OF MINUTES McCannon moved to approve minutes of the regular meeting of February 1, 1977; Ragland seconded and on roll call, all YES. (Correction lat~r in meeting). ~~YOR'S APPOINTMENTS' Mayor Prickett appointed Marjorie Lininger to the Historic Com- mission, Etta Schilling to the Senior Citizens Committee and said that he will appoint a new member to the Planning Commiss- ion at a later date. Ragland moved to accept appointments; McCannon seconded and on voice vote, all YES. MINUTES OF BOARDS ETC. McCannon moved that minutes of Boards, Commissions and Committ- ees be accepted; second by Ragland and on voice vote, all YES. CORRECTION OF HINUTES Laws asked that minutes of February 1, 1977 be corrected on page 3 in first pp of the Public Forum to read "Laws circulate,' a petition advocating appointment of Carroll Corliss to Counci: Position No.6", and so moved; Ragland seconded and on voice vote the motion to correct a~d accept minutes passed unanimou~ SUN CYCLE AUCTION A letter from Mark Sheldon of Sun Cycle was read requesting permission to hold an auction on Saturday, February 26, 1977 on their back porch and adjoining parking lot. Sheldon explaie ed necessity to eliminate stock not sold because of weather ane Mt.' Ashland not opening for skiing. On Mayor's questio~, Chie. Hays said the auction ,vauld not create a problem. McCar,non moved to approve; Ragland seconded the motion which pas',e,d without opposition on roll 'call vote, SO. OREGON ENERGY FAIR A letter requesting funding assistance for the First Southern Oregon Energy Fair to be held at the Ashland Armory on April 2: 24, 1977 was read and the need elaborated on by Coordinator Katherine M. Ging and Paul Caffrey. Caffrey requested that fair be covered by City insurance policy for the fair and that the City present a position policy and appoint a person from Council to coordinate and set up a City exhibit at the fair. City Administrator Almquist said the insurance portion of the request would have to be researched. Caffrey stated that lia1. l~ty insurance would cost the City for 'a ,rider about half of what it would cost them individually. Drescher agreed that City should participate in conservation effort. On Mayor's question as to how many cities they are contacting for support Caffrey said Ashland is the first City since the' group is base here. HcCanno~ felt that the fair could be endorsed but more time ~ is needed to study. Laws felt the City should parti- cipate as a utility and set up a booth. Mayor said the insur- ance could become a problem due to the recent escalation of liability rates and the long term ramifications on experience. McCannon moved that City endorse fair but time be given to study appropriation; second by Phelps. Mayor appointed Raglanc and Laws (continued) 2/15/77 PI'.. 1 ~ ._-~---~' , :NERGY FAIR continued 'OMENS I . HEALTH CENTER .IRPORT MASTER PLAN 'UBLIC FORUM 'INDINGS OF FACT ON ZV NO. 275 Humes Garage -.-- - to meet'with the Energy Fair coordinators for planning. On roll call, passed unanimously. Request withdrawn for this meeting. Item postponed until Dr. S. Johnson appears for presentation. Mayor Prickett reported on the critical water situation and suggested that an ordinance proposed and presented by Drescher be considered at this meeting because of the water crisis. Ragland moved to add item to the end of the agenda; second by McCannon and passed unanimously on voice vote. W. L."Robertson of 316 Patterson suggested Council consider placing some kind of lid on construction of 25 units being developed in view of the water situation. Ragland reported that Bluebird Park had been appraised in the amount of $41,000 and that the owner will sell at that price an, contribute $2,500 to assist the Parks Commission acquisition of the property to retain its use as park/open space. Ragland sai" if City should acquire the property he would suggest a plaque listing the names of donors. McCannon said the plaque could be quite expensive if the names of all donors are to appear. Ruth Hibbard spoke from the audience saying that perhaps a plaque might also be donated. Mayor suggested a cost figure be sub- mitted for further consideration. A letter was read from Gerald J, Scannell who represents Humes and Wixon in the variance request which had been received at 4;30 pm., in which Scannel requested a rehearing if the Find- ings of Fact are not acceoLable. Mayor Prickett said the Find- ing had be~n rejected at the last meeting when Ragland was absent and that now he has heard the tape of the proceedings anL reviewed the background so that now he would be in a position to vote, On Laws question as to the status of the matter, City Attorney said that basicly the matter is undecided and the vote before on the variance was never' a completed act, Laws moved., to reconsider everything done on the matter, Phelps_seconded. Drescher abstained. On roll call Phelps, Ragland, McCannon and Laws voted FOR the motion to reconsider. Laws moved to deny application for variance on setback and we authorize garage to be put in back with City to stand expense to tear down and replace building. Motion died for lack of a second. Salter said that a public hearing had not been had on that issue. Drescher said a request to have the garage in back had not been received. Prickett said it would be inappropriate to grant a variance without a public hearing. Planner Himes said it is possible the garage could be in back without a variance needed and showed a plot plan of the lot. Mayor suggested a denial of the appeal and that property owner be asked to move garage. Ragland said from all evidence that ordinance was unWillingly violated and that compromises could be made, but in this case a compromise would be difficult to reach and blamed the matter on the previous property owner who gave incorrect property line~ 2/15/77 Page 2 , , , one Variance No. 275 cont. and the variance was granted based on lines presented. Raglanc also said that property owners have shown neighbors drawinRs before in order to get approval and then made different request of the Planning Commission and that the present owner is innoc- ent and the City should pay expenses if garage must be torn down unless Caswell (previous owner) can be made to pay. McCan. non asked what the contractor's responsibility is and Ragland said he and the owner had a responsibility after the building was yellow tagged. Mayor suggested:that if variance is denied that legal advice would be needed and Salter agreed and said the comments made in the hearing could be used against the City and stated that the Contractor could be looked at in a contribu tory role depending upon whether or not you want to minimize expense. On Phelps question as to whether the contractor is licensed by the State, Almquist said that he is but has a business license with the City for revenue purposes only and not control. Laws moved to deny variance; Ragland seconded. Salter said negative findings would be necessary. On roll call vote Phelps, Ragland, McCannon and Laws voted YES. Drescher opposed. Action on Findings of Fact deferred. lrport Committee Funding Request Request for authorization to submit application for Federal funds for land acquisition and culvert installation by Chairmar. Johnson of the Airport Committee was given and Ragland moved to authorize; second by McCannon and on rollcall, all YES. enior Center Budget McCannon reviewed the. budget and explained increase needed in areas of personnel, office furniture and supplies, and trans- portation and said the request for funds would be $6,500 each from County Human Resources Committee, Area Agency on Aging and Revenue Sharing. McCannon moved for approval of request to County for the $6,'00; second by Drescher and passed on roll call vote with all YES, iability Risk Analysis A letter from Tom Kennedy from Singmaster Insurance Agency out- lining recommendations and analysis from Warren, McVeigh, Griffin & Huntington were read by the Mayor and Tom Kennedy was asked to. explain the status City's insurance coverage specific- ally and municipal coverage available. Kennedy assured Council tha.t the City is covered by the only insurance available to a municipality and that he is looking into getting a quotation on a $25,000 ?ggtegate deductible and that two companies are ready to bid on the new coverage. Kennedy said that he didn't think the City is in a financial position to afford the $75,000 cov- erage suggested by the Analyst. Finance Director Nelson rec- ommended that Kennedy be City's agent of record and that he explore alternative and return with two or three proposals on coverage. On Salterts question as to errors and omissions clause and how it .uuld handle such cases as the Humes garage problem just discussed, Kennedy said that the $1,000 deductible would. apply. to _.. it or it could be turned over to adjustors Tobin & Crawford for action. Informational report - no action necessary. ATER SUPPLY REPORT A cost report for temporary total cost for 8,000. ft, of ~.- water pump system was given showing i 12" pipe to be $21,444 and coupling, ' ! , mP SYSTEM COSTS cont. ,:SOLUTION DECLARING EMERGENCY ,D TRANSFER OF APPROPRIATIONS 'JUNCIL APPOINTMENT ,TUDY SESSION ON WATER PROBLEMS ,UDGET CmlMITTEE REARING. lRDINANCE - Goddard Annexation I , :! $7,000; pumps, pumphouse, valves etc. at cost of $26,698 for a total of $55,142. Estimate of turnback value given as total of $23,479 to result in actual cost of approximately $22,663. Almquist reviewed ORS279.0l5 which would preclude necessity of public bidding under state of emergency status by acting as Public Contract Review Board. On Ragland's question as to feasibility of making permanent installation, Director of Public Works said that 24" pipe would be used for permanent expansion. Ragland said that he has always felt that the system should be permanently expanded when the town reaches a population of 16,000 and Alsing agreed saying that he had made such a suggestion in 1973. Mayor Prickett cited DEQ .and Water Study as reasons for not proceeding before now. McCannon movec that a state of emergency, be declared (to avoid need for public bidding) and auth\~izing acquisition of materials; Laws seconded and on roll call; all YES. A Resolution declaring an emergency and transferring appropria- tions within funds was read and Laws moved for adoption; seconc by Drescher and passed unanimously on roll call vote. .-......."- A study session was cali~ for February 22, 1977 to interview Council applicants for Position 6. , , A study session was set for March 8, 1977 on review of draft of ,Ashland .va ter Resource Management Plan. The first budget committee meeting was set for March 7, 1977 at 7: 30 P.M. Finance Director Nelson said that "Proposed Use Rearing" must be held before the budget hearing and suggested February 28, 1977 at 4:00'P.M. Almquist said the notice will call for any interest~d person to make requests at that time. A letter from Goddard relating to water useage, a communccatior from Don Scofield suggesting moratorium on new connects 2nd a letter from Walt Roffbuhr of Talent Irrigation District with regard to allocation of water were read by Almquist who then gave second reading by title only of an Ordinance annexing a contiguous area to the City of Ashland. McCannon said he is in favor of the annexation but urges pro- vision that there shall be no hookups to water until the,pres- ent emergency is over. On question from W. L. Robertson, 316 Patterson, as to whether the ordinance had been amended it was explained that there was a correction in the minutes and not the ordinance. Robertson then asked if Council would object to placing the annexation matter on a ballot for election by the people. Ragland said that he would not object but felt the decision is for Council to make as representatives of the people. On Robertson's question to Salter as to whether the ordinance would preclude the circulation of a petition for referendum, Salter said that the ordinance will not take effect for 30 days and a petition could be circulated. After some discussion on his experience ~~th City government, Robertson asked that decision be delayed. On Laws question to Goddard as to when his motel would open should the ordinance pass, he was told July 1st. 2/15/77 oddard Annexation cant. -, .....-'1" ... F-- ..J McCannon asked Goddard if he would accept his proposal to go ahead with the construction of the motel and then connect when emergency is over. Goddard said he appreciated the offer but would hesitate to jeopardize 750,000 investment. Mayor said he'd like to see motel built but based on today's condit- ions he would have to oppose a connection by July l~t. Robert- son said Goddard's choice of.location for a motel is excellent but again asked Council to back away until a survey is made. Mike Helfrich of Li,-ac Circle said to deny water to someone would be discriminatory unless City's plan is_ outlined and financial institutions are going to take a good look at that criteria. Mayor stated that the issue is for water service outside City limits and must protect people in the City now. Helfrich encouraged Council to set guidelines before proceeding Laws explained that a moratorium on annexation had been in force but based on desirability of the motel complex it had been decided to allow annexation for this purpose and since that time the water situation became a real problem. Laws added that it would be unfair to ask City residents to sacrif~ ice.. Richard Cottle, representing Goddard agreed with Robertson on the critlcal water situation and suggested he place trust in Council to take whatever steps necessary to alleviate emergencv i by expanding the water system and reminded Council the pcesent now inadequate system has been paid for bv others some twenty years ago. Cottle said the attention has been focused on the water question and evervone is agreeable to annex but WHEN will be determined by the end of the emergency. . Drescher said if the 3.5 figure is right on water use in pro- portion to houses and considering the income a motel can bring the City, he would rather see the motel built. Robertson said he would like to see an initiative petition circulated and Mayor Prickett said he would hope that before a petition is circulated that City would first have received watet report. Drescher moved to adopt the ordinance on annexation; Phelps seconded. McCannon moved to amend the ordinance to approve annexation provided water connection not made until Council declares end of emergency. Laws seconded and on roll call, McCannon, Laws, Phelps and Ragland voted YES. Drescher opposec Salter suggested that the motion to adopt ordinance include a modification of the agreement with Goddard concerning water connections. Laws moved to reconsider the motion to amend. Phelps seconded and motion passed unanimously on roll call vote Laws then moved for a re-vote on the amendment; }!cCannon seconded and the amendment was defeated with Phelps, Drescher, McCannon and Laws voting NO and Ragland voting YES. , McCannon then moved to amend the motion to adopt the ordinance on condition that the contract between the City and Goddard be modified by March 2, 1977. to provide that Goddard agrees 'oddard Annexation cont. 'RDINANCE - Fire District No. 5 Withdrawal - Goddard JRDINANCE - Rezone Goddard Property SMOKING ORDINANCE - Taxi Hours & Service that his property will not be entitled to water except for construction purposes and that the property will not be entitled to open for business nor to a certificate of use and occupancy until the City determines that the present water shortage has ended. Laws seconded, and motion to amend passed on unanimous roll call vote. The amended motion to adopt the ordinance under above condition was then unanimously approved on roll call vote. Attorney Salter recommended that the ordinancffiwithdrawing annexed property from the fire district and rezoning the annex- ed property be adopted under the same condition as the ordin- ance for annexation. Almquist then gave second reading by title only of an ordinance withdrawing certain recently annexed real property from Jackson County Fire District No.5, and providing an effective date. McCannon moved to adopt the ordinance on condition that the contract between the City and Goddard be modified by ~arch 2, 1977, to provide that Goddard agrees that his property will not be entitled to water except for construction purposes and that the property will not be entitled to open for business nor to a certificate of use and occupancy until the City determines that the present water shortage has ended. Ragland seconded,_ and motion passed on unanimous roll call vote. Almquist gave second reading by title only of an ordinance amending Ordinance No, 1361, the Zoning Ordinance, to rezone certain property from its zone designation as it existed when said property was outside the City iimits of Ashland to estab- lish said property as being Zoned C-l. McCannon moved to adopt the ordinance on condition that the contract between the City -and Goddard be modified by March 2, 1977, to provide tha t God- dard agrees that his property will not be entitled to wa,~r except for construction purposes and that the property will not be entitled to open for business nor to a certificate of uSe and occupancy until the City determines that the present water shortage has ended, Ragland seconded and the motion passed on unanimous roll call vote. Corliss asked if this created a partial moratorium, to which the Mayor replied that for two years there had been a moratorirr on annexation. Corliss asked if the moratorium should be ex- tended to other new construction, and was told that the water crisis will be discussed later in the meeting. Phelps moved to smoke the rest of the meeting; Ragland seconded and on roll call, Phelps, Ragland and Drescher voted YES; Laws and McCannon opposed, Second reading by title only was given an ordinance amending Ordinance Nos, 1764 and 1899 which pertained to a franchise for the operation of taxi cabs and the hours of service, and declar- ing an emergency. McCannon moved to adopt; second by Ragland and passed unanimously on roll call vote, 2/15/77 Pg, 6 mINANCE - ArbLtration I .ndings of Fact on Denial ~__'n ZDINANCE - Water emergency JILDING PERMITS JOURNMENT JP!:~l:~ -13~ 3ity Recorder Almquist gave second reading by title only of an ordinance amending Ordinance No. 1873 and Section 3.04,100 C,8 of the Ashland Municipal Code, pertaining to the enforcement of arbi- tration awards, Ragland moved to adopt; second by Drescher and passed unanimously on roll call vote. Ragland moved to adopt Findings of Fact on denial; Laws seconde and on roll call, Ragland, Laws, McCannon and Phelps voted in favor; Drescher abstained. Mayor Prickett gave first reading of an ordinance relative to water crisis emergencies and declaring an emergency, Ragland moved to second reading; McCannon seconded and on roll call, all YES. - . Ragland moved to discontinue issuance of building-permits requiring water service or increased water consumption. McCan- non seconded and the motion passed on roll call vote with Drescher casting a NO vote. Council agreed that the motion would not cover building permits already issued. On question by Helfrich on whether the motion covers subdivisions, Mayor Prickett explained that if permits have not been issued, there could be no building during emergency. Laws moved to have Mayor contact County Commissioners to impose similar restrictions on building permits issued by the County on any construction involving City of Ashland water. Ragland seconded. McCannon suggested higher rates to pay for. emergency pipe line. Ragland felt the people should not be penalized because they conserve water. On roll call all YES. Laws moved to take action to activate clause in the Oak Knoll Agreement which limits water to household use only and they be notified immediately; Ragland seconded and on roll call, motion passed unanimously. Meeting was adjourned at 11: held at 7:15 p,m, on Febru - for second reading of wate to Adjourned Meeting to be y/22'- 1977 in the uncil Chambers ordinanCj / -, ~;-:'It~ ~iI ... ij -. . .. t ~ "' .~ O:~~'Go+.l :.c", ""~~ :tItmnruu~um March 2, 1977 Wn: Ron Salter Ifirnm: Joe Butler ~uhjrrt: Effective date of Annexation ordinances As I read the three ordinances relating to annexation of the Goddard property, its withdrawal from the fire district and its rezoning, I find that they will take effect on March 17, 1977, provided by that time we are furnished with proof that a contract for construction has been signed. On that date, or any date following that on which proof of contract is furnihed, I am instructed to mail copies of the ordinances to various state and county offices. I am nervously anticipating that about the same time I may be served with referendum petitions regarding the ordinances, and will need to make a decision whether or not the ordinances have taken effect. At that time, your advice will be greatly appreciated. /7 l~. --.-----r----.------. ..- .....- :r-- % , RONALD L. SALTER ATTORNEY A.T LAW 70 NORTH PIONEER STREET P. O. BOX 727 AREA CODE 503 TELEPHONE 482-4215 ASHLAND. OREGON 97520 February 3, 1977 Mr. Brian Almquist City Administrator City Hall Ashland, Oregon 97520 Dear Brian: Re: Goddard Annexation Our File A-19 If you have not recorded the Goddard Annexation Agreement, I do suggest that you have it recorded at your earliest opportunity. If you need any assistance please let me know. very truly yours, ~ RONALD L. SALTER City Attorney RLS/dl ~ D (- 7"0- </'/t A~R:2~]'!;ENT EXH131T llAr! Coa~encing at the Quarter Corner common to Sections 11 and 14 in To-..Jnship 39 South, Range 1 East of the Hillamette Meridian, Jack- son County, Oregon; thence South 89 54'01" East along the North line of said Section 14, a distance of 60.04 feet to an intersect- ion with the projected Easterly right of way of a frontage road; thence South 00 02'53" West along said Easterly right of way 230.00 feet to an intersection with the -Southerly city limits line of the- City of Ashland, for the True Point of Beginning; thence South 89 54'01" East, parallel to the North line of said Section 14, a dis- tCll1ce of 337.50 feet; thence Sou th 00 02' 25" Hes t 432.20 f pet to the South boundary line of the NW ~, of the NE ~ of said Section 14; thence Xorth 89 51158" West along said South boundary line) a dis- tance of 300.93 feet; thence along the arc of a 70.00 foot radius curve to the right (the chord of ,,'hich bears North 30 43'01" West , 71.61 feet) a dist2nce of 75.17 feet to the Easterly right of way of said front2gt road; thence Xorth 00 12'51' East along said Edsterly right :,f W2Y 370.52 feet to the true point of beginning containing 3.333 acres ~ore or less. AGREEMENT EXHIBIT "A" Commencing at the Quarter Corner common to Sections 11 and 14 in Township 39 South, Range 1 East of the Willamette Meridian, Jack- son County, Oregon; thence South 89 54'01" East along the North line of said Section 14, a distance of 60.04 feet to an intersect- ion with the projected Easterly right of way of a frontage road; thence South 00 02'53" West along said Easterly right of way 230.00 feet to an intersection with the-Southerly city limits line of the City of Ashland, for the True Point of Beginning; thence South 89 54'01" East, parallel to the North line of said Section 14, a dis- tance of 337.50 feet; thence South 00 02'25" West 432.20 feet to the South boundary line of the NW ~, of the NE ~ of said Section 14; thence North 89 5l'5~' West along said South boundary line, a dis- tance of 300.93 feet; thence along the arc of a 70.00 foot radius curve to the right (the chord of which bears North 30 43'01" West , 71.61 feet) a distance of 75.17 feet to the Easterly right of way of said frontage road; thence North 00 12'53" East along said Easterly right cf way 370.52 feet to the true point of beginning containing 3.333 acres more or less. .-----~~ SECTION 1. The following land is contiguous to' the City of Ashland and is located in Jackson County; Oregon, and is hereby annexed to the City of Ashland as provided in Section 2 of this Ordinance. . nCe u.__ .~. _.' ~_._::~(.,.~..,"T,:;',~]~:;_;c:' -.' - __ ~__ .. CO:J.tr.encingat .the" Quarter CorneT co:r~on to Sections'-ll. and 14 in Township -39 South, P~ange 1 tast of the Willa.~ette ~eridian-, 'o' JacY..son Cou~ty, Cregon; tnence.South 89CS4tOl" East alone. the ~orth line of said Section 14, ? distance of 60.04 feet ~o an intersection with the projected Easterly right of ~ay of a frontage- read; "t;,ence South 00012 I 5311 l..~es~ along said Ezsterly right of ~ay 230.00 feet to' an intersection with the Southerly. city li~its line of the City of "Ashlcnd, for the True'Point of BeginTIing; thence South 8ge 54 101" E2st, parallel to the North .','"., line of scid Section 14, a distance or 337 ~50 feet: thence" South 00002' 25" \'.est 432.20 reet to the South boundary line or "the NW~, of the NE !,: of said Section 14: thence ~orth 8ge5l'58" West along said South boundary line, a distance or 300.93 reet; thence along the arc or a 70.00 root radius cu;cve to the right' (the chord or which bears"~orth 30~43'Ol" j';est 71.61 reet) a^ distance of 75.17 reet to the Easterly right or ;.:ay or said frontage road; " i:hence North 00012'53" East along said Easterly right of ~ay 370.52 feet to the true point of beginning contain- ing 3.333 acres i!iore or less. - . III .. '" ,:: ... ., " bO.... <:: ~oil ..... ,:: <:: '" 0"''' oEt/) '" " '" '" . ~ liD 'e < ~ 0.< ~ "- g...."" ~ _OOl"- W ClO- "'... 0- (l <:: l>...-i ,::Ql.o '" IS , <:: "" ,:: '" .r! s:: 0 r-i 0"''''; ME'" . o"'~.g Ill'::"'!%. ... 8. <:: .c <:: .... E-< ,,< 0 -.---- ~ AN ORDI~ANCE OF THE CITY OF ASHL~~~ ~~EXING A COX- nGUOUS AREA TO THE CITY OF ASHLAND, OREGO~, AND ~ PROVIDING FOR AN EFFECTIVE DATE. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: I SECTION 2. This Ordinance shall be effective ~pon receipt of an affidavit or other proof satisiactory to the City that a valid contract has been ente~ed int0 for the construction of 2 Motel containing not less than forty (40) units, ~hich shall be developed in accord ~ith an agree- beb;een the City of 'Ashland and Frank H. Goddard and Joyce H. G~Qdard, said egrecwent being cated JaDuary 14, 1977; ho~ever) if such proof is not received within one (1) year from the date or the p2ssage of this Ordinance; this Ordinance shall be null and void. 'i ,~ SECTION 3. Upon tbe efrective date of this Ordinance 2S in Section 2 hereof, the City Recorder, in accord ~ith ORS 222.170," hereby authorized and directed to ~2ke and submit to tbe Secretary of State of tne State of Oyegon, a copy of this Orcinance, a copy of the Statement of Consent from the landowners of the tract annexed, and a copy of the OrdinEDce dispensing with the election on the proposed anne.xa-." tion; and Elso upon the effe~tive cate hereof, the City Recorder is authorized and directed to submit a copy of this Ordiuance to the County Assessor and County Surveyor of Jackson County, OreEon. The foregoing ordinance '\.;cs first read on the /,..,.--1 day of - j;",/;v~V and duly PASSED and ADO?TED this!;,-d day or Fn5/fv;2Vl/.V ,1977, . .I , ' /::::d ~'11!~, Citv Recorder '. . " - SlG~~D and A??ROV~D " -. ::--~-..~-~-~;-"""'"!;-:-:-- ~-,..........--" "'--'.~ " " t -.. ~,,"- ~ 1977 ~. --- . '-~ NOTICE OF PUBLIC HEARING ON THE WITHDRAWAL OF CERTAIN REAL PROPERTY FROM JACKSON COUNTY FIRE DISTRICT NO.5, AND ON THE QUESTION OF THE ANNEXATION OF SAID REAL PROPERTY TO THE CITY OF ASHLAND . NOTICE IS HEREBY GIVEN that a Public Hearing on the withdrawal of certain real property'from Jackson County Fire District No. 5 (formerly the Talent Rural Fire Protection Dis- trict) and also on the question of the annexation of the same real property to the City of Ashland will be held January 18, 1977 at 7:30 o'clock P.M. at the Ashland City Hall, Ashland, Oregon. All persons are invited to attend this Hearding and be heard on the question of the proposed withdrawal and annexa- tion. The real property above mentioned is situated in Jackson County, Orego~ and more particularly described as follows: Commencing at the Quarter Corner common to Sections 11 and 14 in Township 39 South, Range 1 East of the Willamette Meridian, Jack- son County, Oregon; thence South 89054'01" East along the North line of said Section 14, a distance of 60.04 feet .to an intersect- ion with the projected Easterly right of way of a frontage road; thence South 00002'53" West along said Easterly right of way 230.00 feet to an intersection with the Southerly city limits line of the" City of Ashland, for the True Point of Beginning; thence South 890 54'01" East, parallel to the North line of said Section 14, a dis- tance of 337.50 feet; thence South 00002'25" West 432.20 feet to the South boundary line of the NW ~, of the NE ~ of said Section 14; thence North 89" 51'58" West along said South boundary line, a dis- tance of 300.93 feet; thence along the arc of a 70.00 foot radius curve to the right (the chord of which bears North 30' 43'01" West 71.61 feet) a distance of 75.17 feet to the Easterly right of way of said frontage road; thence North oct 12'53" East along said Easterly right of way 370.52 feet to the true point of beginning containing 3.333 acres more or less. PO~T /-377 TO /-/9-17 - .. .- QUITCLAIM DEED ;; . r . /", _ '/ /&"'/ 1- ~/.~~' ( ~, .~ /lJ;' I.. )"/- 7 7 ~.< (-r.-7-'l...c<:, " ",' /4..:.:-t>:./ ?~ iU .',,,,, / ';'., 7 .' KNOW ALL MEN BY THESE PRESENTS, that the CITY OF ASHLAND, a Municipal Corporation of the State of Oregon, hereinafter called "Grantor", for and in consideration of ONE DOLLAR ($1.00) to Grantor paid, the receipt of which is hereby acknowledged, does hereby remise, release and quitclaim unto FRANK H. GODDARD and JOYCE H. GODDARD, husband and wife, hereinafter called the "Grantees" and unto Grantees' heirs and assigns, all of the Grantor's right, title and interest in that certain real property with the tenements; hereditaments and appurtenances there- unto belonging or in anywise appertaining, situated in the County of Jackson, State of Oregon, described as follows, to-wit: The Northwest quarter of the northwest quarter of the northeast quarter of Section 14, Township 39 South, Range 1 East of the Willamette Meridian, Oregon. TO HAVE AND TO HOLD the same unto the said Grantees and Grantees' heirs and assigns forever. IN WITNESS WHEREOF, the City to be signed and its corporate seal to Mayor of said City, and Joseph Butler, day of January, 1977. of Ashland has caused its name be affixed hereto by Gary Prickett, Recor~r of said City, this /~~ ASHLAND, 0 '-/ B ~ Y PRI ETT, MAYOR By a~~ &6SE . BUTLER, RECORDER STATE OF OREGON ) ss. County of Jackson) On this /? day of January, 1977, before me appeared Gary prickett and Joseph Butler, both to me personally known, who being duly sworn did say that he, the said Gary Prickett is the Mayor, and he, the said JO$ph Butler is the City Recorder of the City of Ashland, the within named Municipal corporation, and that the seal affixed to said instrument is the Seal of the City of Ashland and that said instrument was signed and sealed by authority of the City Council of said City, and said Gary Prickett and Joseph Butler each acknowledged to me that said Deed was the free act and deed of said City. -1- Quitclaim Deed RONALD L. SALTER ATTORNEY AT LAW 70 NORTH PIONEER STREET P. o. BOX 727 ASHLAND, OREGON 97520 - . '. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year last above written. , My Commission expires: M:: CJ.' :.>._".~t.r;^,... ~.... .--' <970 - - - ""'-..! ........- -'J.i. ;j -2- Quitclaim Deed RONALD L. SALTER ATTORNEY AT LAW 70 NORTH PIONEER STREET P. o. BOX 727 ASHLAND. OREGON 97520 ORDINANCE NO. /7tJb AN ORDINANCE DISPENS1NG WITH AN ELECTION WITHIN THE CITY OF ASHLAND ON THE QUESTION OF A PROPOSED ANNEXATION AND SETTING THE TIME AN5kY~E FOR A PUBLIC HEARING THEREON; AND SETTING A PUBLIc1~ATE ON THE WITHDRAWAL OF CERTAIN REAL PROPERTY FROM JACKSON COUNTY FIRE DISTRICT NO. 5 AND DIRECTING PUBLICATION OF NOTICES AS DIRECTED BY ORS 222.524; AND DECLARING AN EMERGENCY. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The City of Ashland finds that the owners of the property described in Exhibit "A" attached hereto and by this reference incorporated herein have consented to the annexation of said land to the City of Ashland. SECTION 2. The submitting of the question of the said annexation 1S h~reby dispensed with and a Public Hearing is hereby set to be held before the City Council of Ashland at the City Hall, Ashland, Oregon, on the 18th day of January, 1977, at the hour of 7:30 P.M. at which time all persons may appear and be heard on the proposed annexation. SECTION 3. The City Staff is directed to cause notice of sa1d Hearing to be given as required by ORS 222.120 ~ that public notices are published in a newspaper of general circulation appearing in the City in issues of 'such newspaper on January' 4 and January, 11, 1977, and that notices be posted in four (4) public places in the City for a period of not less than two (2) weeks prior to the date of the Public Hearing. SECTION 4. Pursuant to ORS 222.524 a Public Hear- ing shall be held on January 18, 1977 at 7:30 o'clock P.M. in the Ashland City Hall, Ashland, Oregon, on the question of the withdrawal of certain real property from Jackson County Fire District No. 5 (formerly known as the Talent Rural Fire Protect- ion District). All persons may appear before the Ashland City Council and be heard on the question. The real property above mentioned is situated in Jackson County, Oregon and more parti- cularly described in Exhibit "A" attached hereto and by this reference made a part hereof. SECTION 5. The City Staff is directed to publish and post notices of sa1d Hearing in the same manner and on the same dates as described above relative to the proposed annexation. SECTION 6. It is hereby adjudged and declared that the existing cond1tions are such that this Ordinance is necess- ary for the immediate preservation of the public health and safety of the people of the City of Ashland and an emergency is hereby declared to exist and this Ordinance shall take effect and be in full force and effect from and after its passage and approval by the Mayor. '" t . -1- Ordinance / i . t: J The foregoing ordinance was first read on the 23rd day of November . 1976 and duly PASSED and ADOPTED this 7th day of December . 1976. I" . / . ~ ,;; ;./} -//"" \.-:n..,h~ /1 //1, -Uz../C- ~: Josep M. Butler c.city Recorder SIGNED and APPROVED this 7e? . 1976. -2- Ordinance / 'IC/ NOTICE OF PUBLIC HEARING ON THE WITHDRAWAL, OF CERTAIN REAL PROPERTY FROM JACKSON COUNTY FIRE DISTRICT NO.5, AND ON THE QUESTION OF,.i': ..' ,r',THE ANNEXATION OF SAID REAL PROPERTY, TOTHE,:..c;,':'":,, " ",. '''f CITY OF ASHLAND ' .- . . . '.." , , ., .",,, ....,."....,,,..~;;, /\.>::'*'>i':_:~''''; ",;..' ,._, -::':'::1:(:;'t.:\,J~~::':;;:$/'->:'::;';'-~;;{OS.~)~1~~:~~'\:,.~t:~,:\,;. . ~!:~~~!~:!!~~~:1~!:g~~~~1i%~~11g:l~~]I~~~!~-1:~ I real property to thke City of Ahshland widll ~e held Januhary ld~' :'/~~ ,~ 1977 at 7:30 o'cloc P.M. at t e Ashlan Cay Hall, As Ian ,h.'~f''::'f'.? .. 1 Oregon. All persons are invited to attend this Hearding and,:"?""::,;;;:/,"",,,,, be heard on the ques tion of the proposed withdrawal' and annexa...'" , tion.'. The real property above mentioned is situated,in'7Ja.ckson "'County~ Oregon, and more particularly described as followsX\l\" . :"__ "__.~~" _ . .' . ,:' Z;~:jJ?~:.c.~ C"mmencing at the Quarter Corner common to Sections 11 and}4,.;1n,' Township 39South, Range 1 East of the Willamette Meridian, Jack, . County,' Oregon; thence South 89 54 '01" East along the North{~ line of said Section 14, a distance of 60.04 feet .to an interseCt':::: ion with the' projected Easterly right of way of a frontage road; ,if:: thence South 00 02'53" West along said Easterly right of way 230.00" feet to an intersection with the Southerly city ,limits. lint! of"ther.} ;. City of Ashland, for the True Point of Beginning; thence South 89,L~/'k 54'01" East, parallel to the North line of said Section 14', a.dis-;..,,~;t; . ,. tance of 337.50 feet; thence South 00 02'25" West 432.20 feet to"!,:,:/~'f~, ,,;;,~t.'. the South boundary line of the NW ~, of the NE ~ of said Section l4;'i:};';:.,;;;.";: thence North 89 51' 58" West along said South boundary line, a' dis-<,.<:'~~fi;j-:~'"i..:, tance of 300.93 feet; thence along the arc of a 70.00 foot rad:iwV\;~t;~:':~i:':"':';" curve to the right (the chord of which bears North 30 43'Of'. Weilt'.:,F">;>"-'-.. '" 71.61 feet) a distance of 75.17 feet to the Easterly right of'way~~. .' .... of said frontage road; thence North 0012'53" East along said.'<:." ,":. Easterly right of way 370.52 feet to the true point of beginning< . '.> . containing 3.333 acres more or less,";',!~S:\i:li~+"".~';",~"j.,:'~,i "''/'';~/.'~':~~~'€'':~[;:;;'Ol/f'~.~A~;t;-; . ". ~:_". ;,,7:;;.';.~~t~;i~~::,#'~t:~~}~f[~~g~t~' JOSEPH M. BUTLER, City Recorder" , I EXHIBIT "A" TO AN ORDINANCE ENTITLED: "AN ORDINANCE DISPENSING WITH AN ELECTION WITHIN THE CITY OF ASHLAND ON THE QUESTION OF A PROPOSED ANNEXATION AND SETTING THE TIME AND PLACE FOR A PUBLIC HEARING THEREON: AND SETTING A PUBLIC DATE ON THE WITHDRAWAL OF CERTAIN REAL PROPERTY FROM JACKSON COUNTY FIRE DISTRICT NO. 5 AND DIRECTING PUBLICATION OF NOTICES AS DIRECTED BY ORS 222.524; AND DECLARING AN EMERGENCY." .' NOTICE OF PUBLIC HEARING ON THE WITHDRAWAL OF CERTAIN REAL PROPERTY FROM JACKSON COUNTY FIRE DISTRICT NO.5, AND ON THE QUESTION OF THE ANNEXATION OF SAID REAL PROPERTY TO THE CITY OF ASHLAND NOTICE IS HEREBY GIVEN that a Public Hearing on the withdrawal of certain real property from Jackson County Fire District No. 5 (formerly the Talent Rural Fire Protection Dis- trict) and also on the question of the annexation of the same real property to the City of Ashland will be held January 18, 1977 at 7:30 o'clock P.M. at the Ashland City Hall, Ashland, Oregon. All persons are invited to attend this Hearding and be heard on the question of the proposed withdrawal and annexa- tion. The real property above mentioned is situated in Jackson County, Oregon and more particularly described as follows: Commencing at the Quarter Corner common to Sections 11 and 14 in Township 39 South, Range 1 East of the Willamette Meridian, Jack- son County, Oregon; thence South 89' 54 '01" East along the North line of said Section 14, a distance of 60.04 feet to an intersect- ion with the projected Easterly right of way of a frontage road; thence South 00~02'53" West along said Easterly right of way 230.00 feet to an intersection with the Southerly city limits line of the, City of Ashland, for the True Point of Beginning; thence South 89 54'01" East, parallel to the North line of said Section 14, a dis- tance of 337.50 feet; thence South 00"02'25" West 432.20 feet to the South boundary line of the NW ~, of the NE ~ of said Section 14; thence North 890 5l'5~' West along said South boundary line, a dis- tance of 300.93 feet; thence along the arc of a 70.00 foot radius curve to the right (the chord of which bears North 3et' 43'01" West 71.61 feet) a distance of 75.17 feet to the Easterly right of way of said frontage road; thence North oif 12'51' East along said Easterly right of way 370.52 feet to the true point of beginning containing 3.333 acres more or less. EXHIBIT "A" TO AN ORDINANCE ENTITLED: "AN ORDINANCE DISPENSING WITH AN ELECTION WITHIN THE CITY OF ASHLAND ON THE QUESTION OF A PROPOSED ANNEXATION ANn SETTING THE TIME AND PLACE FOR A PUBLIC HEARING THEREON: AND SETTING A PUBLIC DATE ON THE WITHDRAWAL OF CERTAIN REAL PROPERTY FROM JACKSON COUNTY FIRE DISTRICT NO. 5 AND DIRECTING PUBLICATION OF NOTICES AS DIRECTED BY ORS 222.524; AND DECLARING AN EMERGENCY." -.-- NOTICE OF PUBLIC HEARING ON THE WITHDRAWAL OF CERTAIN REAL PROPERTY FROM JACKSON COUNTY FIRE DISTRICT NO.5, AND ON THE QUESTION OF THE ANNEXATION OF SAID REAL PROPERTY TO THE CITY OF ASHLAND ' NOTICE IS HEREBY GIVEN that a Public Hearing on the wi thdrawal of certain real property,'.from Jackson County Fire District No. 5 (formerly the Talent Rural Fire Protection Dis- trict) and also on the question of the annexation of the same real property to the City of Ashland will be held January 18, 1977 at 7:30 o'clock P.M. at the Ashland City Hall, Ashland, Oregon. All persons are invited to attend this Hearding and be heard on the question of the proposed withdrawal and annexa- tion. The real property above mentioned is situated in Jackson County, Oregon and more particularly described as follows: Commencing at the Quarter Corner common to Sections 11 and 14 in Township 39 South, Range 1 East of the Wi11amette Meridian, Jack- son County, Oregon; thence South 89 54'01" East along the North line of said Section 14, a distance of 60.04 feet ,to an intersect- ion with the projected Easterly right of way of a frontage road; thence South 00 02'53" West along said Easterly right of way 230.00 feet to an intersection with the Southerly city limits line of the- City of Ashland, for the True Point of Beginning; thence South 89 54'01" East, parallel to the North line of said Section 14, a dis- tance of 337.50 feet; thence South 00 02'25" West 432.20 feet to the South boundary line of the NW,~, of the NE ~ of said Section 14; thence North 89 51'5~' West along said South boundary line, a dis- tance of 300.93 feet; thence along the arc of a 70.00 foot radius curve to the right (the chord of which bears North 30 43'Or' West 71.61 feet) a distance of 75.17 feet to the Easterly right of way of said frontage road; thence North 00 12'51' East along said Easterly right of way 370.52 feet-to the true point of beginning containing 3.333 acres more or less. . ~ Publish: Daily Tidings January 4 and 11, 1977 JPd~/ ;t' 4~t"". 61-~/ )- J- 77 ;...!:.2f h~( ~<~ /.}~ /0- 76./ /: 6-Vrr>-,,~ /-<-:.. /L"L- --I vA~:> %0 (/ / ORDINANCE NO. ,/ 'lOb AN ORDINANCE DISPENSING WITH AN ELECTION WITHIN THE CITY OF ASHLAND ON THE QUESTION OF A PROPOSED ANNEXATION AND SETTING THE TIME AND l~E FOR A PUBLIC HEARING THEREON; AND SETTING A PUBLIC?~ATE ON THE WITHDRAWAL OF CERTAIN REAL PROPERTY FROM JACKSON COUNTY FIRE DISTRICT NO. 5 AND DIRECTING PUBLICATION OF NOTICES AS DIRECTED BY ORS 222.524; AND DECLARING AN EMERGENCY. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The City of Ashland finds that the owners of the property described in Exhibit "A" attached hereto and by this reference incorporated herein have consented to the annexation of said land to the City of Ashland. SECTION 2. The submitting of the question of the said annexatlon is hereby dispensed with and a Public Hearing is hereby set to be held before the City Council of Ashland at the City Hall, Ashland, Oregon, on the 18th day of January, 1977, at the hour of 7:30 P.M. at which time all persons may appear and be heard on the proposed annexation. SECTION 3. The City Staff is directed to cause notice of sald Hearlng to be given as required by ORS 222.120 ~o that public notices are published in a newspaper of general circulation appearing in the City in issues of such newspaper on January 4 and January, 11, 1977, and that notices be posted in four (4) public places in the City for a period of not less than two (2) weeks prior to the date of the Public Hearing. SECTION 4. Pursuant to ORS 222.524 a Public Hear- ing shall be held on January 18, 1977 at 7:30 o'clock P.M. in the Ashland City Hall, Ashland, Oregon, on the question of the withdrawal of certain real property from Jackson County Fire District No. 5 (formerly known as the Talent Rural Fire Protect- ion District). All persons may appear before the Ashland City Council and be heard on the question. The real property above mentioned is situated in Jackson County, Oregon and more parti- cularly described in Exhibit "A" attached hereto and by this reference made a part hereof. SECTION 5. The City Staff is directed to publish and post notices of sald Hearing in the same manner and on the same dates as described above relative to the proposed annexation. SECTION 6. It is hereby adjudged and declared that the existing condltlons are such that this Ordinance is necess- ary for the immediate preservation of the public health and safety of the people of the City of Ashland and an emergency is hereby declared to exist and this Ordinance shall take effect and be in full force and effect from and after its passage and approval by the Mayor. -1- Ordinance / 'j /!:- '.-.- ."'-~----~ < .' > ~ {, , -,-- . . . - > ... c ~ The foregoing ordinance was first read on the 23rd day of November , 1976 and duly PASSED and ADOPTED this 1th day of December , 1976. ~ -, " / I - .f! /./j ;:/. ,,-'1L...c.....--. -", /.! .-L----/-.:~. i...- ~" Joseph M. Butler ,-City Recorder SIGNED and APPROVED this 7i{ , 1976. -2- Ordinance /Litb --,--~. COTTLE & HOWSER RICHARD C. COTTLE THOMAS C. HOWSER ATTORNEYS AT LAW - AAEA CODE 503 TELEPHONE 482-2621 P. O. BOX 627 ASH LAN D, OREGO N 97520 1lO7 SISKIYOU OL y~, December 13, 1976 Mr. Joe Butler City Recorder Ci ty Hall Ashland, Oregon 97520 Re: Spiller, Edison & Ekdahl - Sale to Goddard Our File 5362 Conner - Sale to Goddard Our File 5369 Huggins - Sale to Goddard Our File 5368 Dear Joe: Mr. Frank H. Goddard is purchasing three separate parcels of property from three different sellers as re- flected above. We are attached hereto Exhibits A, B and C which contain descriptions of those respective properties, and request that you furnish us a City Lien Certificate covering any unpaid liens or assessments against each parcel. Our check in the sum of $~2.50 is enclosed to cover your fee. Yours very truly, COTTLE & HOWSER t:?~(?~ Richard C. Cottle RCC:fp Enclosures ~--- ~ -T- -- GARY L, PRICKETT GERALD R. ALLEN CRAIG E, HOFFARTH DONALD LAWS ROLAND McCANNON -MAR GAR ET E. McDOWELL JAMES M. RAGLAND BRIAN L. ALMQUIST Mayor Councilman Councilman Councilman Councilman Councilwoman Councilman City Administrator C I T Y o F ASHLAND C I T Y HAL L ASHLAND, OREGON 97520 telephone (Code 503) 482.3211 December 15, 1976 Mr. Richard C. Cottle Attorney at Law P.O. Box 627 Ashland, Oregon 97520 Re: Your files 5362 - 68 - 69 Tax Accounts 14A- 2800, 2900, 3000 Dear Dick, In response to your request for lien searches on three parcels of property (legal descriptionsattachedl being sold to Frank H. Goddard, I hereby certify that there are no liens or assessments due the City of Ashland on those parcels at this time. However, there will be annexation fees at the rate of one cent per square foot if the property is annexed to the City of Ashland, plus a fee sufficient to retire the pro-rata share of bonds of any special taxing district such as Jackson County Fire District No.5, and utilities connection fees are to be paid when connections are requested. Yours 'I I \/7--u?z"f. /. " " truly, '7 . ,") ;'/1. -'] . ~ I,) c-z:' /~_,,/( l.- ~Joseph M. Butler City Recorder JMB/amt I~-- ""''1 ' ... ~ .." . EXHIBIT "A" Spiller, Edison & Ekdale - Goddard Beginning at a point 198 feet East, of the Northwest corner.of the Northeast quarter of Section 14, Township 39 South, Range 1 East, ~lillamette Meridian, Jackson County, Oregon; thence South, to and along the West line of tract described in deed-recorded in Volume 270, Page 389, Jackson County, Oregon, Deed Records, 210 feet, to the Southwest corner of tract described in deed recorded as Docwnent lIo. 68-09624, Official Records of Jackson County, Oregon, for the true point of beginning; thence continue South, along said West line of tract first mentioned above, 451 feet, more or less, to a point 661 feet South, of the North line of said Northeast quarter of Section 14; thence East, parallel with said North line, 99 feet; thence North, 451 feet, more or less, to the Southeast corner of said tract described in deed recorded as Document No. 68-09624, sai8 Official Records; thence West, along the South line thereof, 99 feet, to the true point of beginning. .. ~- E'XHIBIT "A" ~ ,- u_ ~r ....vl' EXHIBIT "B" Conner - Goddard Beginning at a point on the Southerly side of the Old Pacific Highway, which point is 297 feet East of the Northwest corner of the Ilorthwest quarter of the Hortheast quarter of Section 14, Township 39 South,. Range 1 East, Willamette Meridian, Jackson County, Oregon; thence East, along the Old Pacific Highway, 99 feet, to a point 269 feet lvest of the Northeast corner of the Horthwest quarter of the Northwest quarter of the Northeast quarter of sai~ Section 14; thenc~ South,' parallel to the East line thereof, 661 feet; thence West, 99 feet, to a point 297 feet East, of the Hest line of said northwest quarter of the Hortheast quarter of Section 14; thence North, parallel to said West line, 661 feet, to the point of beginning. EXCEPTING THEREFROM that portion lying Hortherly of the Southerly line of that portion conveyed to the State of Oregon, by and through its State Highway Commission, by deed recorded in Volume 507, Page 183, Jackson County, Oregon, Deed Records. ALSO, EXCEPTING THEREFROM the following: Beginning at a point on the South line of the State Highway right of way, as now deeded by deed . recorded in Volume 507, Page 183, Jackson County, Oregon, Deed Records, that is South .880 20' East, 312.0 feet, and South 10 40' West, 47.42 feet, from the Northwest corner of the Northwest quarter of the North- east quarter of Section 14, Township 39 South, Range 1 East, Willam- : ette Meridian, Jackson County, Oregon; thence South 10 40' West, 139.00 feet; thence South 880 20' East, parallel with the Harth line of Section 14, a distance of 84.00 feet, to a point in the West line of a tract conveyed to Henry B. JOhnson, Jr., by deed recorded in Volume 251, Page 162, said Deed Records; thence North 10 40' East, along said lvest line, 129.56 feet, to a point in the South line of said deeded highway right of way; thence North 310 55' West, along the South line of said right of way, 84.52 feet, to the point of beginning. ,. ~ ~ EXHIBIT "B" . . I . ,.' ~ I. EXHIBIT"C" Huggins - Goddard Beginning at the NOrthwest corner of the Northeast quarter of Section 14, Township 39 South, Range 1 East, Willamette Meridian, Jackson County, Oregon; thence South, 661 feet; thence East, 100 feet thence North, 661 feet; thence West, 100 feet, to the point of beginning. . ALSO: Beginning at a point 100 feet East, of the Northwest corner of the Northeast quarter of Section 14, Township 39 South, Range 1 East, Willamette Meridian, Jackson County, Oregon; thence South, 661 feet; thence Last, 98 feet; thence North, 661 feet; thence West, 98 feet, to the point of beginning. EXCEPTING THEREFROM that portion conveyed to M. 11. Huggins and Frances D. Huggins, husband and wife, by deed recorded as Document No. 68- 09625, Official Records of Jackson County, Oregon. ALSO, EXCEPTING THEREFROM that portion appropriated by the State of Oregon, by and through its State Highway Commission, for public pur- poses (frontage road and Green Springs Highway), by Stipulated JUdg- ment of the Jackson County, Oregon, Cireui t Court, dated March 7, .: 1973, filed in Volume 277, Page 720, Jackson County, Oregon, Circuit Court Journal. ~ ~ EX,HIBIT 't;" --T VnU.LI'U:lI"-'l:.t no. J.)fJ.J. " AN ORDINANCE OF TIlE CITY OF ASHLAND A.>mEXING A CON- TIGUOUS AREA TO THE CITY OF ASHLAND, OREGON, AND PROVIDING FOR AN EFFECTIVE DATE. TIlE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The following land is contiguous to the City of Ashland and is located in Jackson County, Oregon, and is hereby annexed to the City of Ashland as provided in Section 2 of this Ordinance. ~ Conmencing at the Q"art~rCo-;n~~ co"'';;on to Sections ii and-14 in Township 39 South, P~nge 1 East of the ~illametteMeridian, Jackson County, Oregon; thence,South 89054'01" East along the North line of seid Section 14, a distance of 60.04 feet to an intersection with the projected Easterly right of ~ay of a frontage read; thence South 0_0-.:';1)2 '53" t~est along said Easterly right of way 230.00 feet to' an intersection with the South~r1y city limits line of the City of Ashland, for the True Point of Beginning; thence South 89054'01" East, parallel to the North line of said Section 14, a distance of 337.50 feet. thence South 00002'25" West 432.20 feet to the South boundary line of the NW~, of the NE l:; of said Section 14; thence North 89051'58" West along said South boundary line, a distance of 300.93 feet; thence along the arc of a 70.00 foot radius curve to the right (the chord of which bears North 30.43'01" I;:est 71.61 feet) a' distance of 75.17 feet to the Easterly right of way of said frontage road; thence North jl.9~2~2Y' East along said Easterly right of way 370.52 feet to the true point of beginning contain- ing 3.333 acres more or less. - / -' SECTION 2. This Ordinance shall be effective "pan receipt of an affidavit or other proof satisfactory to the City that a valid contract has been entered into for the construction of a Motel containing not less than forty (40) units, which shall be developed in accord with an agree- between the City of Ashland and Frank H. Goddard and Joyce H. Goddard, said agreement being dated January 14, 1977; however, if such proof is not received within one (1) year from the date of the passage of this Ordinance, this Ordinance shall be null and void. SECTION 3. Upon the effective date of this Ordinance as provided in Section 2 hereof, the City Recorder, in accord with ORS 222.170, is hereby authorized and directed to ~ake and submit to the Secretary of State of the State of Oregon, a copy of this Ordin'ance, a copy of the Statement of Consent from the landowners of the tract annexed, and a copy of the Ordinance dispensing with the election on the proposed annexa- - tion; and also upon the effective date hereof, the City Recorder is authorized and directed to submit a copy of this Ordinance to the County Assessor and County Surveyor of Jackson County, Oregon. , The foregoing ordinance ~as and duly PASSED and ADOPTED first read on the /-J day of r~~~~ V this!.;-ddayof Fv!-/?v:h-?tv ,1977. ' ( , 1977 /!:::d ~'lf!~ City Recorder SIG!\ED and AP?ROVED this/id cay of 1----- -..--, .., MINUTES OF THE REGULAR ~rnETING ASHLAND CITY COUNCIL February 15, 1977 PLEDGE OF ALLEGIANCE ROLL CALL Mayor Prickett led the Pledge of Allegiance and called the meeting to order at '7:30 PM on the above date in the Council Chambers. Present were Councilmembers Laws, Phelps, McCannon, Ragland, and Drescher APPROVAL OF MINUTES McCannon moved to approve minutes of the regular meeting of February I, 1977: Ragland seconded and on roll call, all YES. (Correction later in meeting). MAYOR I S APPOINTMENTS' Mayor Prickett appointed Marjorie Lininger to the Historic Com- mission, Etta Schilling to the Senior Citizens Committee and said that he will appoint a new member to the Planning Commiss- ion at a later date. R~gland moved to accept appointments; McCannon seconded and on voice vote, all YES. MINUTES OF BOARDS ETC. McCannon moved that minutes of Boards, Commissions and Committ- ees be accepted; second by Ragland and on voice vote, all YES. CORRECT ION OF mNUTES Laws asked that minutes of February I, 1977 be corrected on page 3 in first pp of the Public Forum to read "Laws ciTculatec a petition advocating appointment of Carroll Corliss to Counci: Position No.6", and so moved; Ragland seconded and on voice vote the motion to correct and accept minutes passed unanimou~ SUN CYCLE AUCTION A letter from Mark Sheldon of Sun Cycle was read requesting permission to hold an auction on Saturday, February 26, 1977 on their back porch and adj Dining parking lot. Sheldon explai, ed necessity to eliminate stock not sold because of weather an, Mt. Ashland not opening for skiing. On Mayor's questio~, Chie" Hays said the auction ,vauld not create a problem. McCar,'lDn moved to approve; Ragland seconded the motion which pas' 2,d without opposition on roll 'call vote. SO. OREGON ENERGY FAIR A letter requesting funding assistance for the First Southern Oregon Energy Fair to be held at the Ashland Armory on April 2: 24, 1977 was read and the need elaborated on by Coordinator Katherine M. Ging and Paul Caffrey. Caffrey requested that fair be covered by City insurance policy for the fair and that the City present a position policy and appoint a person from Council to coordinate and set up a City exhibit at the fair. City Administrator Almquist said the insurance portion of the request would have to be researched. Caffrey stated that liab, lity insurance would cost the City for 'a ,rider about half of what it would cost them individually. Drescher agreed that City should participate in conservation effort. On Mayor's question as to how many cities they are contacting for support Caffrey said Ashland is the first City since the' group is base here. McCannon felt that the fair could be endorsed but IIlore time ~ is needed to study. Laws felt the City should parti- cipate as a utility and set up a booth. Mayor said the insur- ance could become a problem due to the recent escalation of liability rates and the long term ramifications on experience. McCannon moved that City endorse fair but time be given to study appropriation; second by Phelps. Mayor appointed Raglanc and La,,, (continued) 2/15/77 Pg. 1 T' - ~L:__.. ~ I _ _1_____ ..~.r,.,...- , , , SNERGY FAIR continued OMENS' HEALTH CENTER IRPORT MASTER PLAN UBLIC FORUM INDINGS OF FACT ON ZV NO. 275 Humes Garage r to meet:'with the Energy Fair coordinators for planning. On roll call, passed unanimously. Request withdrawn for this meeting. Item postponed until Dr. S. Johnson appears for presentation. Mayor Prickett reported on the critical water situation and suggested that an ordinance proposed and presented by Drescher be considered at this meeting because of the water crisis. Ragland moved to add item to the end of the agenda; second by McCannon and passed unanimously on voice vote. W. L."Robertson of 316 Patterson suggested Council consider placing some kind of lid on construction of 25 units being developed in view of the water situation. Ragland reported that Bluebird Park had been appraised in the amount of $41,000 and that the owner will sell at that price an, contribute $2,500 to assist the Parks Commission acquisition of the property to retain its use as park/open space. Ragland sai: if City should acquire the property he would suggest a plaque listing the names of donors. McCannon said the plaque could be quite expensive if the names of all donors are to appear. Ruth Hibbard spoke from the audience saying that perhaps a plaque might also be donated. Mayor suggested a cost figure be sub- mitted for further consideration. A letter was read from Gerald J, Scannell who represents Humes and Wixon in the variance request which had been received at 4;30 pm., in which Scannel requested a rehearing if the Find- ings of Fact are not acceptable. Mayor Prickett said the Find- ing had be~n rejected at the last meeting when Ragland was absent and that now he has heard the tape of the proceedings ano reviewed the background so that now he would be in a position to vote, On Laws question as to the status of the matter, City Attorney said that basicly the matter is undecided and the vote !>efore on the variance was never'a completed act, 'Laws moved., to reconsider everything done on the matter. Phelps_seconded. Drescher abstained. On roll call Phelps, Ragland, McCannon and Laws voted FOR the motion to reconsider. Laws moved to deny application for variance on setback and we authorize garage to be put in back with City to stand expense to tear down and replace building. Motion died for lack of a second. Salter said that a public hearing had not been had on that issue. Drescher said a request to have the garage in back had not been received. Prickett said it would be inappropriate to grant a variance without a public hearing. Planner Himes said it is possible the garage could be in back without a variance needed and showed a nlot plan of the lot. Mayor suggested a denial of the appeal and that property owner be asked to move garage. Ragland said from all evidence that ordinance was unwillingly violated and that compromises could be made, but in this case a compromise would be difficult to reach and blamed the matter on the previous property owner who gave incorrect prop'erty lines 2(15/77 Page 2 - - ....--.-.-.--- I , , , cone Variance No. .275 cont. and the variance was granted based on lines presented. Raglanc also said that property owners have shown neighbors drawings before in order to get approval and then made different request of the Planning Commission and that the present olvner is innoc- ent and the City should pay expenses if garage must be torn down unless Caswell (previous owner) can be made to pay. McCan, non asked what the contractor's responsibility is and Ragland said he and the owner had a responsibility after the building was yellow tagged. Mayor'suggested:that if variance is denied that legal advice would be needed and Salter agreed and said the comments made in the hearing could be used against the City and stated that the Contractor could be looked at in a contribu, tory role depending upon whether or not you want to minimize expense, On Phelps question as to whether the contractor is licensed by the State, Almquist said that he is but has a business license with the City for revenue purposes only and not control. Laws moved to deny variance; Ragland seconded. Salter said negative findings would be necessary. On roll call vote Phelps, Ragland, McCannon and Laws voted YES. Drescher opposed. Action on Findings of Fact deferred, irport Committee Funding Request Request for authorization to submit application for Federal funds for land acquisition and culvert installation by Chairmar. Johnson of the Airport Committee was given and Ragland moved to authorize; second by McCannon and on roll call, all YES. ~nior Center Budget McCannon reviewed the budget and explained increase needed in areas of personnel, office furniture and supplies, and trans- portation and said the request for funds would be $6,500 each from County Human Resources Committee, Area Agency on Aging and Revenue Sharing. McCannon moved for approval of request to County for the $6,500; second by Drescher and passed on roll call vote with all YES. A letter from Tom Kennedy from Singmaster Insurance Agency out- lining recommendations and analysis from Warren, McVeigh, Griffin & Huntington were read by the Mayor and Tom Kennedy was asked to' explain the status City's insurance coverage specific- ally and municipal coverage available. Kennedy assured Council that the City is covered by the only insurance available to a municipality and that he is looking into getting a quotation on a $25,000 ?ggregate deductible and that two companies are ready to bid on the new coverage. Kennedy said that he didn't think the City is in a financial position to afford the $75,000 cov- erage suggested by the Analyst. Finance Director Nelson rec- ommended that Kennedy be City's agent of record and that he explore alternative and return with two or three proposals on coverage. On Salter's question as to errors and omissions clause and how it wculd handle such cases as the Humes garage problem just discussed, Kennedy said that the $1,000 deductible would . apply' to _.. it or it could be turned over to adj ustors Tobin & Crawford for action. Informational report _ no action necessary. iability Risk Analysis ,TER SUPPLY REPORT A cost report for temporary water pump system was given showing , total cost for 8,090 ft~ of 12" pipe to be $21,444 and coupling, i T 'UMP ~YSTEM COSTS cont. :ESOLUTION DECLARING EMERGENCY ,ND TRANSFER OF APPROPRIATIONS :OUNCIL APPOINTMENT ;TUDY SESSION ON WATER PROBLEMS ,UDGET COHMITTEE HEARING. R0INANCE - Goddard Annexation r- $7,000; pumps, pumphouse, valves etc. at cost of $26,698 for a total of $55,142. Estimate of turnback value given as total of $23,479 to result in actual cost of approximately $22,663. Almquist reviewed ORS279.0l5 which would preclude necessity of public bidding under state of emergency status by acting as Public Contract Review Board. On Ragland's question as to feasibility of making permanent installation, Director of Public Works said that 24" pipe would be used for permanent expansion. Ragland said that he has always felt that the system should be permanently expanded when the town .reaches a population of 16,000 and Alsing agreed saying that he had made such a suggestion in 1973. Mayor Prickett cited DEQand Water Study as reasons for not proceeding before now. McCannon movec that a state of emergency, be declared .(to avoid need for public bidding) and auth~izing acquisition of materials; Laws seconded and on roll call; all YES. A Resolution declaring an emergency and transferring appropria- tions within funds was read and Laws moved for adoption; seconc by Drescher and passed unanimously on roll call vote. ,,,........0- A study session was cal~~ for February 22, 1977 to interview Council applicants for Positi0TI 6. , . A study session was set for March 8, 1977 on review of draft of.Ashland Water Resource Management Plan. The first budget committee meeting was set for March 7, 1977 at 7:30 P.M. Finance Director Nelson said that "Proposed Use Hearing" must be held before the budget hearing and suggested February 28, 1977 at 4:00 P.M. Almquist said the notice vill call for any interest~d person to make requests at that time. A letter fr0m Goddard relating to water useage, a communccatio~ from Don Scofield suggesting moratorium on new connects and a letter from Walt Hoffbuhr of Talent Irrigation District with regard to allocation of water were read by Almquist who then gave second reading by title only of an Ordinance annexing a contiguous area to the City of Ashland. McCannon said he is in favor of the annexation but urges pro- vision that there shall be no hookups to vater until the.pres- ent emergency is OVer. On question from W. L. Robertson, 316 Patterson, as to whether the ordinance had been amended it was explained that there vas a correction in the minutes and not the ordinance. Robertson then asked if Council would object to placing the annexation matter on a ballot for election by the people. Ragland said that he would not object but felt the decision is for Council to make as representatives of the people. On Robertson's question to Salter as to whether the ordinance would preclude the circulation of a petition for referendum, Salter said that the ordinance will not take effect for 30 days and a petition could be circulated. After some discussion on his experience with City government, Robertson asked that decision be delayed. On Laws question to Goddard as to when his motel would open should the ordinance pass, he was told July 1st. 2/15/77 r Goddard'AnnexatiQn cont. 1----- Lf......Jf II .I.~. ...) McCannon asked Goddard if he would accept his proposal to go ahead with the construction of the motel and then connect when emergency is over. Goddard said he appreciated the offer but would hesitate to jeopardize 750,000 investment. Mayor said he'd like to see motel built but based on today's condit- ions he would have to oppose a connection by July l~t. Robert- son said Goddard's choice of "location for a motel is excellent but again asked Council to back away until a survey is made. Mike Helfrich of Li~ac Circle said to deny water to someone would be discriminatory unless City's plan is. outlined and financial institutions are going to take a good look at that criteria. Mayor stated that the issue is for water service outside City limits and must protect people in the City now. Helfrich encouraged Council to set guidelines before proceeding Laws explained that a moratorium on annexation had been in force but based on desirability of the motel complex it had been decided to allow annexation for this purpose and since that time the water situation became a real problem. Laws added that it would be unfair to ask City residents to sacrif~ ice.. Richard Cottle, representing Goddard agreed with Robertson on the critical water situation and suggested he place trust in Council to take whatever steps necessary to alleviate emergency by expanding the water system and reminded Council the p~esent now inadequate system has been paid for by others some twenty years ago. Cottle said the attention has been focused on the water question and everyone is agreeable to annex but WHEN will be determined by the end of the emergency. . Drescher said if the 3,5 figure is right on water use in pro- portion to houses and considering the income a motel can bring the City, he would rather see the motel built. Robertson saie he would like to see an initiative petition circulated and Mayor Prickett said he would hope that before a petition is circulated that City would first have received watet report. Drescher moved to adopt the ordinance on annexation; Phelps seconded. McCannon moved to amend the ordinance to approve annexation provided water connection not made until Council declares end of emergency. Laws seconded and on roll call, McCannon, Laws, Phelps and Ragland voted YES, Drescher opposee Salter suggested that the motion to adopt ordinance include a modification of the agreement with Goddard concerning water connections. Laws moved to reconsider the motion to amend. Phelps seconded and motion passed unanimously on roll call vote Laws then moved for a re-vote on the amendment; McCannon seconded and the amendment was defeated with Phelps, Drescher, McCannon and Laws voting NO and Ragland voting YES. McCannon then moved to amend the motion to adopt the ordinance on condition that the contract between the City and Goddard be modified by March 2, 1977. to provide that Goddard agrees r - Goddard Annexation cont. JRDINANCE - Fire District No.5 Withdrawal - Goddard JRDINANCE - Rezone Goddard Property MOKING RDINANCE - Taxi Hours & Service r--- -~. ..... that his property will not be entitled to water except for construction purposes and that the property will not be entitled to open for business nor to a certificate of use and occupancy until the City determines that the present water shortage has ended. Laws seconded, and motion to amend passed on unanimous roll call vote. The amended motion to adopt the ordinance under above condition was then unanimously approved on roll call vote. Attorney Salter recommended that the ordinancffiwithdrawing annexed property from the fire district and rezoning the annex- ed property be adopted under the same condition as the ordin- ance for annexation. Almquist then gave second reading by title only of an ordinance withdrawing certain recently annexed real property from Jackson County Fire District No.5, and providing an effective date. McCannon moved to adopt the ordinance on condition that the contract between the City and Goddard be modified by March 2, 1977, to provide that Goddard agrees that his property will not be entitled to water except for construction purposes and that the property will not be entitled to open for business nor to a certificate of use and occupancy until the City determines that the present water shortage has ended. Ragland seconded,_ and motion passed on unanimous roll call vote. Almquist gave second reading by title only of an ordinance amending Ordinance No. 1361, the Zoning Ordinance, to rezone certain property from its zone designation as it existed when said property was outside the City limits of Ashland to estab- lish said property as being Zoned C-l. McCannon moved to adopt the ordinance on condition that the contract between the City and Goddard be modified by March 2, 1977, to provide that God- dard agrees that his property will not be entitled to wa.~r except for construction purposes and that the property will not be entitled to open for business nor to a certificate of uSe and occupancy until the City determines that the present water shortage has ended. Ragland seconded and the motion passed on unanimous roll call vote. Corliss asked if this created a partial moratorium, to which the Mayor replied that for two years there had been a moratorirr on annexation. Corliss asked if the moratorium should be ex- tended to other new construction, and was told that the water crisis will be discussed later in the meeting. Phelps moved to smoke the rest of the meeting; Ragland seconded and on roll call, Phelps, Ragland and Drescher voted YES; Laws and McCannon opposed, Second reading by title only was given an ordinance amending Ordinance Nos. 1764 and 1899 which pertained to a franchise for the operation of taxi cabs and the hours of service, and declar- ing an emergency. McCannon moved to adopt; second by Ragland and passed unanimously on roll call vote, 2/15/77 Pg. 6 r RDINANCE - Arb~tration "ndings of Fact on Denial ,DINANCE - Water emergency LlILDING PERMITS JOURNMENT W '~-13~ :p, ph . Butler :i ty Recorder 1-- '-'" . Almquist gave second reading by title only of an ordinance amending Ordinance No. 1873 and Section 3.04.100 C.8 of the Ashland Municipal Code, pertaining to the enforcement of arbi- tration awards. Ragland moved to adopt; second by Drescher and passed unanimously on roll call vote. Ragland moved to adopt Findings of Fact on denial; Laws seconde and on roll call, Ragland, Laws, McCannon and Phelps voted in favor; Drescher abstained. Mayor Prickett gave first reading of an ordinance relative to water crlS1S emergencies and declaring .an emergency. Ragland moved to second reading; McCannon seconded and On roll call, all YES. " . Ragland moved to discontinue issuance of building" permits requiring water service or increased water consumption. McCan- non seconded and the motion passed on roll call vote with Drescher casting a NO vote. Council agreed that the motion would not cover building permits already issued. On question by Helfrich on whether the motion covers subdivisions, Mayor Prickett explained that if permits have not been issued, there could be no building during emergency. Laws moved to have Mayor contact County Commissioners to impose similar restrictions on building permits issued by the County on any construction involving City of Ashland water. Ragland seconded. McCannon suggested higher rates to pay for emergency pipe line. Ragland felt the people should not be penalized because they conserve water. On roll call all YES. Laws moved to take action to activate clause in the Oak Knoll Agreement which limits water to household use only and they be notified immediately; Ragland seconded and on roll call, motion passed unanimously. Meeting was adjourned at 11: ~ p.m. to Adjourned Meeting to be held at 7:15 p.m. on Febru yi22, 1977 in the unci! Chambers " for second reading of wa te I risis Ordinaj' ", nr