HomeMy WebLinkAbout2008-1010 Contd Council Mtg PACKET
CITY OF
ASHLAND
AGENDA FOR THE CONTINUED MEETING
ASHLAND CITY COUNCIL
October 10, 2007
Siskiyou Room
51 Winburn Way
12:00 p.m. Regular Meeting
I. CALL TO ORDER
II. ORDINANCES. RESOLUTIONS AND CONTRACTS
1 . Should the Council conduct and approve Second Reading and Declare an Emergency of an
ordinance titled, "An Ordinance Annexing Property Comprising 'Verde Village' and Formally
Withdrawing Such Lands from Jackson County Fire District No.5 and Declaring an Emergency"?
or
Should the Council conduct and approve Second Reading of an ordinance titled, "An Ordinance
Annexing Property Comprising 'Verde Village' and Formally Withdrawing Such Lands from
Jackson County Fire District No.5,"?
and
Will Council authorize the Mayor to sign the property line adjustment/partition plat map creating by
adjustment the individual parcels to be exchanged with the owner of Verde Village, and the
affordable housing parcel to be conveyed to RVCDC? [15 Minutes]
2. Should the Council conduct and approve First Reading of an ordinance titled, "An Ordinance
Relating to Taxicabs, Providing for Certification of Taxicab Companies and Drivers, and Repealing
Chapter 6.28," and move the ordinance to Second Reading? [5 Minutes]
3. Should the Council conduct and approve the First Reading of an ordinance titled, "An Ordinance
Relating to Tour Bus and Special Vehicle Permits," and move the ordinance on to Second
Reading? [5 Minutes]
4. Should the Council conduct and approve First Reading of an ordinance titled, "An Ordinance
Relating to Establishment of a Uniform Administrative Appeals Process," and move the ordinance
on to Second Reading? [5 Minutes]
III. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-
2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I).
COUNCIL lVfEETINGS ARE BROADCAST LIVE ON CHA1'fNEL 9
VISIT THE CITY OF ASHLAND'S 'NEB SITE AT \V\:VW.ASHIJ\ND.OR.US
CITY OF
ASHLAND
Council Communication
Ordinance Implementing Previously Approved Verde Village Annexation
and authorization for Mayor to sign plat to effectuate property line adjustment
Meeting Date: October 7, 2008 Primary Staff Contact: Richard Appicello
Department: City Attorney E-Mail: appicelr@ashland.or.us
Secondary Dept.: Community Dev. ent Secondary Contact: Bill Molnar
Approval: Martha Bennet Estimated Time: 15 minutes
Question(s):
Should the City Council conduct and approve First Reading, Declare an Emergency, and Conduct
Second Reading of an ordinance titled, "An Ordinance Annexing Property Comprising "Verde
Village" and Formally Withdrawing Such Lands from Jackson County Fire District No.5 and
Declaring an Emergency"? or
Should the City Council conduct and approve First Reading of an ordinance titled, "An Ordinance .
Annexing Property Comprising "Verde Village" And Formally Withdrawing Such Lands from Jackson
County Fire District No.5," and move the ordinance on to Second Reading?
and
Will Council authorize the Mayor to sign the property line adjustment / partition plat map creating by
adjustment the individual parcels to be exchanged with the owner of Verde Village, and the affordable
housing parcel to be conveyed to RVCDC?
Staff Recommendation:
Staff recommends adoption of the Ordinance by emergency: i.e. Council approval of First Reading
[read in full] declaration of emergency, followed by second reading [by title only] and adoption. Staff
further recommends the Mayor be authorized to sign the plat reconfiguring the parcels for the
exchange and RVCDC.
Background:
.Two Ordinances are. attac~ed regarding Verde Village. Please choose one: Verde Village Annexation
or Verde Village Annexation with Emergency Clause.
We have received notice of the Federal Approval of the land exchange for Verde Village. The initial
notice was an informal e-mail notification; formal written notification from the National Park Service
has been mailed. The receipt of the formal written notification is the trigger"to the obligation in the
December 2007 Development Agreement for Verde Village for the exchange of deeds within 30
working days. In addition, the trigger frees up certain suspended actIons like the ordinance approving
the annexation and,actual changes. to comprehensive plan and zoning maps. Note: the land use
approvals involved here are final un-appealed decisions.
As staff reviewed with Verde representatives what was necessary to effectuate the land exchange, it
was discovered that it is necessary to do a property line adjustment to reconfigure the legal parcel to be
Page 1
PAll
CITY OF
ASHLAND
conveyed to Verde Village from the City. That is, the City's legal parcel is very large and needs to be
reduced - by the area to be conveyed to Verde Village. This involves either processing a property line
adjustment application at Jackson County prior to annexation or annexing the property and then
performing the property line adjustment. There is insufficient time to process a PLA at the County or
adopt an ordinance under ~ormal processes (thirty day effective date) within the thirty working day
deadline.
As you know from the September 16,2008 City Council meeting, RVCDC desires to acquire the
affordable housing parcel of V erde Village property early to solidify their financing. Their parcel does
not currently legally exist in the configuration shown on the approved outline plan; accordingly,
RVCDC will have to wait for either a final boundary plat creating the phase parcel or complete a
property line adjustment to create the parcel from existing parcels. City engineering and planning
staff, RVCDC and Verde Village consultants have been working to reconfigure the parcels in a
property line adjustment to accommodate the real property exchange as well as the conveyance to
RVCDC. The Council authorized the early conveyance of the RVCDC parcel at the September 16,
2008 meeting, subject to compliance with applicable requirements to legally form the parcel.
To legally form the exchange parcels and RVCDC property required by the Development Agreement,
a Property Line Adjustment / Land Partition Plat must be approved and filed. The formation of parcels
by plat follows the annexation of the properties, but must precede the land exchange (conveyance of
deeds) and the property transfer to RVCDC. The plat reconfiguring the parcels must be signed by the
land owners of all properties involved in the development including the Mayor acting on behalf of the
City. Although the final plat is not yet available, if authorized as part of this action, it will be
presented for the Mayor's signature subsequent to the effective date of the annexation.
If the Council believes that an emergency exists in order to meet the City's prior contractual
commitments (Development Agreement for Verde Village) and to implement prior un-appealed land
use and land exchange decisions, as well as to facilitate RVCDC's early acquisition of their affordable
housing parcel, then the City Council should declare an emergency and enact the ordinance at one
meeting. Staff recommends this option because it will facilitate compliance with the City's contractual
commitments [deadlines] in the Development Agreement, (and avoid any alleged damages for delay),
timely implement the land use and land exchange decisions and allow RVCDC to obtain the property
early to maintain their financing. This action also avoids the cost of going through the Jackson County
property line adjustment processes.
Related City Policies:
City Charter, Article 10, Ordinance Adoption Procedure
Council Options:
(1) Move to approve First Reading, Declare an Emergency, approve Second Reading by Title and
adopt the ordinance and authorize Mayor to sign plat.
(2) Move to approve First Reading, set Second Reading for October 21, 2008, and authorize the Mayor
to sign the plat.
Page 2
PAll
CITY OF
ASHLAND
Potential Motions:
Staff: [Conduct First Reading of Ordinance in Full)
Council: Motion to Declare an Emergency
Staff: [Conduct Second Reading by Title only]
Council: Motion to approve First Reading, Second Reading and adopt the Ordinance by emergency.
Council: Authorize the Mayor to sign the property line adjustment plat to facilitate the exchange and
conveyance to R VCDC.
Attachments:
Proposed ordinances
Legal Descriptions
Maps
Page 3
PAll
ORDINANCE N.O.
AN ORDINANCE ANNEXING PROPERTY COMPRISING "VERDE VillAGE" AND
FORMAllY WITHDRAWING SUCH ANNEXED lANDS FROM JACKSON COUNTY
FIRE DISTRICT NO.5 AND DECLARING AN EMERGENCY
WHEREAS, as contemplated in Section 16 and Exhibit E, Special Condition #2 of the
December 20, 2007 Development Agreement for Verde Village, between the City of
Ashland and Ashland Flower Shop and Greenhouses, Inc., the City of Ashland has
received notice of the approval of the real property exchange by County, State and
Federal authorities, triggering further actions, including annexation, under the
Development Agreement; and
WHEREAS, as contemplated and agreed upon in the approved Development
Agreement for Verde Village, all owners of the real property described in the attached
Exhibit "A 1" [as updated and corrected in the survey reflected in Exhibit "A2"] have
consented to the annexation of this property to the City of Ashland, in three sequential
phases, [as described in the attached Exhibits B, C, and D] as well as consented to the
withdrawal of the property from Jackson County Fire District No.5; and
WHEREAS, pursuant to ORS 222.120 and ORS 222.524 a public hearing was held on
November 20, 2007, at 7:00 p.m., in the City Council Chambers, Civic Center, 1175
East Main Street, Ashland, Oregon, on the question of annexation, as proposed in the
Development Agreement for Verde Village, as well as the question of withdrawal of the
property from Jackson County Fire District No.5; and
WHEREAS, necessary land use approvals were obtained as part of the Ordinance
approving the Development Agreement for Verde Village as fully set forth in the record
of those proceedings, and such approvals are final un-appealed land use decisions; and
WHEREAS, this Ordinance implements the previously approved annexations and fire
district withdrawals, and associated land use map and zone changes, which actions
were suspended until the occurrence of a condition precedent, the approval of the real
property exchange by other agencies; and
WHEREAS, there are no electors residing in the property to be annexed.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS:
SECTION 1. The above findings are true and correct and incorporated herein by this
reference.
SECTION 2. The land described in the attached Exhibit liB" [Phase 1 of Verde Village]
is declared to be annexed to the City of Ashland.
Ordinance Annexing Verde Village and Removing said property from Fire District NO.5 page 1
SECTION 3. The land described in the attached Exhibit liB" [Phase 1 of Verde Village] is
declared to be withdrawn from Jackson County Fire District No 5. pursuant to the
provisions of ORS 222.111.
SECTION 4. The land described in the attached Exhibit "C" [City Recreation Tract of
Verde Village] is declared to be annexed to the City of Ashland.
SECTION 5. The land described in the attached Exhibit "C" [City Recreation Tract of
Verde Village] is declared to be withdrawn from Jackson County Fire District No 5.
pursuant to the provisions of ORS 222.111.
SECTION 6. The land described in the attached Exhibit "0" [Phase 2 of Verde Village] is
declared to be annexed to the City of Ashland. .
SECTION 7. The land described in the attached Exhibit "0" [Phase 2 of Verde Village] is
declared to be withdrawn from Jackson County Fire District No 5. pursuant to the
provisions of ORS 222.111.
SECTION 8. The land described in the attached Exhibit "A 1", as said property is shown
in the updated and corrected survey reflected in "A2," [which includes all the lands
described in Exhibits B, C, and 0,] is declared to be annexed to the City of Ashland, as
well as withdrawn from Jackson County Fire District No 5., and shall be shown on the
Official Comprehensive Plan Map and Official Zoning Map of the City of Ashland
[applicable portions attached hereto as Exhibits E and F] as Single Family Residential
and Suburban Residential, R-1-3.5, R-1.5 and R-1.7.5, as applicable, as finally
approved and as contemplated in the Ordinance approving the Development
Agreement for Verde Village.
SECTION 9. Emergency I Effective Date. The City Council of the City of Ashland finds
that the health, safety and welfare of the City of Ashland, require this ordinance to have
immediate effect. Specifically in order for the City to meet its contractual commitments
and prior land use approval conditions to timely convey the City property involved in the
land exchange to Verde Village, a property line adjustment is required which can be
accomplished in time if this ordinance takes immediate effect. Further, creation and
conveyance of an affordable housing parcel to RVCDC can also be accomplished in the
same process, provided this ordinance takes immediate effect. Therefore, an
emergency is hereby declared to exist by unanimous vote of the Council, and this
ordinance shall be in full force and effect from the time of its passage by the Council
and approval by the Mayor, except that for consistency with the Ordinance approving
the Development Agreement for Verde Village only, and for no other legal purpose, all
Sections of this ordinance, excluding Sections 4, 5, 6, 7 and 8 shall be immediately
effective after adoption at second reading; Sections 4 and 5 shall be effective one
minute after adoption at second reading, and Sections 6, 7 and 8 shall be effective two
minutes after adoption at second reading.
Ordinance Annexing Verde Village and Removing said property from Fire District NO.5 page 2
SECTION 10. Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause
shall not affect the validity of the remaining sections, subsections, paragraphs and
clauses.
SECTION 11. Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word "ordinance" may be changed to "code", "article", "section",
"chapter" or another word, and the sections of this Ordinance may be renumbered, or
re-Iettered, provided however that any Whereas clauses and boilerplate provisions (Le.
Sections 1, 9-11) need not be codified and the City Recorder is authorized to correct
any cross-references and any typographical errors.
The foregoing ordinance was first read in full and then by title at a single meeting of the
Ashland City Council in accordance with Article X, Section 2(B) and Section 2(C) of the
City Charter on the day of , 2008, and duly PASSED and
ADOPTED this day of , 2008.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
, 2008.
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Ordinance Annexing Verde Village and Removing said property from Fire District NO.5 page 3
ORDINANCE NO.
AN ORDINANCE ANNEXING PROPERTY COMPRISING "VERDE VillAGE" AND
FORMAllY WITHDRAWING SUCH ANNEXED lANDS FROM JACKSON COUNTY
FIRE DISTRICT NO.5
WHEREAS, as contemplated in Section 16 and Exhibit E, Special Condition #2 of the
December 20, 2007 Development Agreement for Verde Village, between the City of
Ashland and Ashland Flower Shop and Greenhouses, Inc., the City of Ashland has
received notice of the approval of the real property exchange by County, State and
Federal authorities, triggering further actions, including annexation, under the
Development Agreement; and
WHEREAS, as contemplated and agreed upon in the approved Development
Agreement for Verde Village, all owners of the real property described in the attached
Exhibit "A 1" [as updated and corrected in the survey reflected in Exhibit "A2"] have
consented to the annexation of this property to the City of Ashland, in three sequential
phases, [as described in the attached Exhibits B, C, and D] as well as consented to the
withdrawal of the property from Jackson County Fire District No.5; and
WHEREAS, pursuant to ORS 222.120 and ORS 222.524 a public hearing was held on
November 20, 2007, at 7:00 p.m., in the City Council Chambers, Civic Center, 1175
East Main Street, Ashland, Oregon, on the question of annexation, as proposed in the
Development Agreement for Verde Village, as well as the question of withdrawal of the
property from Jackson County Fire District No.5; and
WHEREAS, necessary land use approvals were obtained as part of the Ordinance
approving the Development Agreement for Verde Village as fully set forth in the record
of those proceedings, and such approvals are final un-appealed land use decisions; and
WHEREAS, this Ordinance implements the previously approved annexations and fire
district withdrawals, and associated land use map and zone changes, which actions
were suspended until the occurrence of a condition precedent, the approval of the real
property exchange by other agencies; and
WHEREAS, there are no electors residing in the property to be annexed.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS:
SECTION 1. The above findings are true and correct and incorporated herein by this
reference.
SECTION 2. The land described in the attached Exhibit "B" [Phase 1 of Verde Village]
is declared to be annexed to the City of Ashland.
Ordinance Annexing Verde Village and Removing said property from Fire District No.5 page 1
SECTION 3. The land described in the attached Exhibit liB" [Phase 1 of Verde Village] is
declared to be withdrawn from Jackson County Fire District No 5. pursuant to the
provisions of ORS 222.111.
SECTION 4. The land described in the attached Exhibit "C" [City Recreation Tract of
Verde Village] is declared to be annexed to the City of Ashland.
SECTION 5. The land described in the attached Exhibit "C" [City Recreation Tract of
Verde Village] is declared to be withdrawn from Jackson County Fire District No 5.
pursuant to the provisions of ORS 222.111.
SECTION 6. The land described in the attached Exhibit liD" [Phase 2 of Verde Village] is
declared to be annexed to the City of Ashland.
SECTION 7. The land described in the attached Exhibit liD" [Phase 2 of Verde Village] is
declared to be withdrawn from Jackson County Fire District No 5. pursuant to the
provisions of ORS 222.111.
SECTION 8. The land described in the attached Exhibit "A 1", as said property is shown
in the updated and corrected survey reflected in "A2," [which includes all the lands
described in Exhibits B, C, and D,] is declared to be annexed to the City of Ashland, as
well as withdrawn from Jackson County Fire District No 5., and shall be shown on the
Official Comprehensive Plan Map and Official Zoning Map of the City of Ashland
[applicable portions attached hereto as Exhibits E and F] as Single Family Residential
and Suburban Residential, R-1-3.5, R-1.5 and R-1.7.5, as applicable, as finally
approved and as contemplated in the Ordinance approving the Development
Agreement for Verde Village. .
SECTION 9. Effective Date. For consistency with the Ordinance approving the
Development Agreement for Verde Village only, and for no other legal purpose, all
Sections of this ordinance, excluding Sections 4, 5, 6, 7 and 8 shall be effective thirty
days after adoption at second reading; Sections 4 and 5 shall be effective thirty days
and one minute after adoption at second reading, and Sections 6, 7 and 8 shall be
effective thirty days and two minutes after adoption at second reading.
SECTION 10. Severability. The sections, subsections, paragraphs and clauses of this
ordinance are sever.able. The invalidity of one section, subsection, paragraph, or clause
shall not affect the validity of the remaining sections, subsections, paragraphs and
clauses.
SECTION 11. Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word "ordinance" may be changed to "code", "article", "section",
"chapter" or another word, and the sections of this Ordinance may be renumbered, or
re-Iettered, provided however that any Whereas clauses and boilerplate provisions (Le.
Sections 1, 9-11) need not be codified and the City Recorder is authorized to correct
any cross-references and any typographical errors.
Ordinance Annexing Verde Village and Removing said property from Fire District No.5 page 2
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of , 2008,
and duly PASSED and ADOPTED this day of ,2008.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
, 2008.
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Ordinance Annexing Verde Village and Removing said property from Fire District NO.5 page 3
EXHIBIT A - 1
TRACT I
39 IE 04BB, TAX. LOT 700
A tract or parcel of land situated in the Northwest Quarter of Section 4, Township
39 South, Range I East, Willamette Base and Meridian, Jackson County, Oregon,
and being more particularly described as follows:
Commencing at a point which is 356.40 feet West, and South 000 19' 02" West
(record is South 000 17' West), 2,006.40 feet from the Northwest comer of
Donation L.and Claim No. 53, in Township 38 South, Range I East of the
Willamette Meridian in Jackson County, Oregon; thence North 890 52' 58" West
(record is North 890 55' West), 80.00 feet; thence North 000 19' 02" East, 17.00
feet (record is 15.53 feet) to the North line of Nevada Street as described in
Volume 490, Page 268, Deed Records, Jackson County, Oregori; thence continue
North 000 19' 02" East (record is North 00 17' East), along the East line of tract
described in Document No. 70-06091, Official Records, Jackson County, Oregon,
163.35 feet to the South line Of the North Half of the Northwest Quarter of said
Section 4, being the City Limit line of the City of Ashland, Oregon, and being the
Point of Beginning; thence along the easterly line of tract described in V olll;llle
.296, Page 362 of said Deed Records, North 030 30' 58" West (record is North 30
33' West), 446.90 feet to the Northeast comer of said tract; thence North 860 19'
58" West (record is North 86022' West), 388.90 feet to the Northwest comer of
said tract; thence along the westerly line of said tract, South 03009' 25" West
(record is South 30.09' West), 471.65 feet to the Northwest comer of tract
descnl>ed in Document No. 73-15364 of said Official Records; thence along the
northerly line of said tract, East, 441.49 feet to the Point of Beginning, containing
4.37 acres more or less.
August 27, 2007
R 1818 T e." !!!.D
PROFESSION.4l
LAND. SURVEYOR.
-^-..L
PAGE 1 of 2
EXHIBIT A-1
TRACT 2
39 IE 04B, TAX LOTS 800, 1100
39 IE 04BB, TAX LOT 800
A tract or parcel of land situated in the Northw~t Quarter of Section 4, Township
39 South, Range 1 East, Willamette Base and Meridian, Jackson County, Oregon,
and being more particularly described as follows:
Commencing at a point which is 356.40 feet West of the Northwest comer of
Donation Land Claim No. 53,' ill Township 38. South, Range 1 East of the
Willamette Meridian in Jackson County, Oregon; thence South 000 19' 16" West,
875.00 feet to the center of Ashland Cree~ being the Point of Beginning; thence
continue South 000 19' 16" West, 832.83 feet to a point which is East of the
Northeast comer of tract described in Document No. 67-04020, Official Records,
Jackson County, Oregon, being a 5/8" iron pin with aluminum cap; thence to said
Northeast comer and along the North line of said tract, South 890 59' 19".W est
(record is West), 50.01 feet to the northwest comer thereof; thence along the West
line of said tract and it's extension, South 000 19' i 6" West, 118.26 feet to the City
Limit line of the City of Ashland, Oregon; thence along said City Limit line, East,
264.09 feet to the center of Ashland Creek; thence along the center of Ashland
Creek the following courses and distances; thence North Q70 10' 13" East, 22.19
feet; thence North 25008' 01" East, 252.62 feet; thence North 00023' 28" West,
81.44 feet; thence North 180 54' 37" East, 136.23 feet; thence North 16007' 50"
West, 219.08 feet; thence North 260 42' 09" West, 51.85 feet; thence North 65007'
06" W~t, 44.31 feet; thence North 830 19' 34" West, 65.92 feet; thence South 750
10' 41" West, 30.58 feet; thence North 48004' -l3" West, 78.43 feet; thence North
210 59' 31" West, 66.00 feet; thence North 30037' 29" West, 117.57 feet to the
Point of Beginning, containing 6.55 acres more orIess.
August 27, 2007
..1111. T 1.1\ E:O . 8
'PROFESSIONAt.
LAND SURVEYOR' .'
-^ .L-
OREO'ON
M.vie. ..
&:TUART M. 08MUS
PAGE 2 of 2
EXHIBIT A-2
ANNEXATION OUTER BOUNDARY DESCRIPTION -.
A parcel of land, being portions of those certain tracts conveyed in Documents No. 88-
09105 and 82-05694, Official Records, Jackson County, Oregon, and being more
particularly described as follows:
Commencing at a point 356.52 feet West (record is 356.40 feet) of the Northwest Comer
of Donation Land Claim No. 53, Township 38 South, Range 1 East, Willamette Meridian,
Jackson County, Oregon; thence South 00 19' 02" West (record is South 00 17' 00" West),
875.72 feet to the center of Ashland Cree~ being the most northerly comer of said tract
described in Document No. 88-09105 and being the Point of Beginning; thence along the
center of Ashland Creek the following courses and distances; thence South 300 53' 06"
East, 116.78 feet; thence South 210 59' 31" East, 66.00 feet; thence South 48004' 1'3"
East, 78.43 feet; thence North 750 10' 41" East, 30.58 feet; thence South 830 19' 34" East,
65.92 feet; thence South 650 07' 06" East, 44.31 feet; thence South 260 42' 09" East,
51.85 feet; thence South 160 07' 50" East, 219.08 feet; thence South 180 54' 37" West,
136.23 feet; thence South OEl 23' 16" East, 81.45 feet; thence South 250 08' 02" West,
252.60 feet; thence South 70 01' 15" West, 24.91 feet; to the existing northerly City Limit
line of the City of Ashland; thence along said northerly line, North 890 48' 54" West,
263.76 feet to the southerly extension of the westerly line of tract described in Document
No. 67-04020 of said Official Records; thence along said extension and westerly line,
North 00 19' 02" East;.. 120.10 feet to the northwest comer thereof; thence along the
northerly line of said tract, North 890 59' 19" East (record is East), 50.00 feet; thence
North 00 19' 02" East, 831.89 feet to the Point of Beginning.
ALSO: A tract or parcel of land situated in the Northwest Quarter of Section 4, Township
39.South, Range 1 East, Willamette Base and Meridian, Jackson County, Oregon, and
being more particularly described as follows:
Commencing at a point which is 356.52 feet West (record is 356.40 feet), and South 000
19' 02" West, 2,006.77 feet (record is South 000 17' West, 2,006.40 feet) from the
Northwest comer of Donation Land Claim No. 53, in Township 38 South, Range 1 East
of the Willamette Meridian in Jackson County, Oregon; thence North 890 48' 54" West
(record is North 890 55' West), 80.00 feet; thence North 000 19' 02" East, 15.53 feet to
the North line of Nevada Street as described in Volume 490, Page 268, Deed Records,
Jackson County, Oregon; thence continue North 000 19' 02" East (record is North 00 17'
East), along the East line of tract described in Document No. 70-06091, Official Records,
Jackson County, Oregon, 163.36 feet to the South line Of the North Half of the
Northwest Quarter of said Section 4, being the current City Limit line of the City of
Ashland, Oregon, and being the Point ofBegjnning; thence along the easterly line of
tract described in Volume 296, Page 362 of said Deed Records, North 03029' 33" West,
448.64 feet (record is NorthJo 33' West, 446.90') to the Northeast comer of said tract;
thence North 860 20' 02" West, 392.28 feet (record is North 860 22' West, 388.90 feet) to
the Northwest c()mer of said tract; thence along the westerly line of said tract, South 030
10' 14" West (record is South 30 09' West), 472.18 feet to the Northwest comer of tract
described in Document No. 73-15364 of said Official Records, being the current City
Limit line of the City of Ashland; thence along the northerly line of said tract, South 890
48' 54" East (record is East), 444.93 feet to the Point of Beginning.
September 23, 2008
REf;.ISTE"~D
PROFESSIONAL.
LAND SURVEYOR.
'''~-ari:L.
.A-. -~ - C-
EXHffiIT 'B'
ANNEXATION TRACT A
39 IE 04BB, TAX LOT 700
A tract or parcel of land situated in the Northwest Quarter of Section 4, Township
39 South, Range 1 East, Willamette Base and Meridian, Jackson County, Oregon,
and being more particularly described as follows:
Commencing at a point which is 356.52 feet West (record is 356.40 feet), and
South 000 19' 02" West, 2,006.77 feet (record is South 000 17' West, 2,006.40 feet)
from the Northwest comer of Donation Land Claim No. 53, in Township 38 South,
Range 1 East of the Willamette Meridian in Jackson County, Oregon; thence North
89048' 54" West (record is North 890 55' West), 80.00 feet; thence North 000 19'
02" East, 15.53 feet to the North line of Nevada Street as described in Volume
490, Page 268, Deed Records, Jackson County, Oregon; thence continue North 000
19' 02" East (record is North 00 17' East), along the East line of tract described in
Document No. 70-06091, Official Records, Jackson County,.Oregon, 163.36 feet
to the South line Of the North Half of the Northwest Quarter of said Section 4,
being the current City Limit line of the City of Ashland, Oregon, and being the
Point of Beginning; thence along the easterly line of tract described in Volume .
296, Page 362 of said Deed Records, North 03029' 33" West, 448.64 feet (record
is North 30 33' West, 446.90') to the Northeast comer of said tract; thence North
860 20' 02" West, 392.28 feet (record is North 860 22' West, 388.90 feet) to the
Northwest comer of said tract; thence along the westerly line of said tract, South
030 10' 14" West (record is South 30 09' West), 472.18 feet to the Northwest
comer of tract described in Document No. 73-15364 of said Official Records,
being the current City Limit line of the City of Ashland; thence along the northerly
line of said tract, South 890 48' 54" East (record is East), 444.93 feet to the Point of
Beginning, containing 4.41 acres more or less.
September 23,2008
Rf.~.l9T!~~D .,..
PROFESSrON/~L
LAND SURVEYOR
~
-A-.L-
EXHIBIT 'c'
ANNEXATION TRACT B
(A PORTION OF) 39 IE 04B, TAX LOT 800
A parcel of land, being a portion of that certain tract conveyed in Document No. 88-
09105, Official Records, Jackson County, Oregon, and being more particularly described
as follows:
Commencing at a.point 356.52 feet West (record is 356.40 feet) of the Northwest Comer
of Donation Land Claim No. 53, Township 38 South, Range 1 East, Willamette Meridian,
Jackson County, Oregon; thence South 00 19' 02" West (record is South 00 17' 00" West),
875.72 feet to the center of Ashland Creek, being the most northerly comer of said .tract
described in Document No. 88-09105 and being the Point of Beginning; thence along the
center of Ashland Creek the following courses and distances; thence South 300 53' 06"
East, 116.78 feet; thence South 210 59' 31" East, 66.00 feet; thence South 48004' 13"
East, 78.43 feet; thence North 750 10' 41" East, 30.58 feet; thence South 830 19' 34" East,
65.92 feet; thence South 65007' 06" East, 44.31 feet; thence South 260 42' 09" East,
51.85 feet; thence South 16007' 50" East, 219.08 feet; thence South 180 54' 37" West,
136.23 feet; thence South 00 23' 16" East, 81.45 feet; thence South 250 08' 02" West,
252.60 feet; thence South 7001' 15" West, 24.91 feet; to the existing northerly City Limit
line of the City of Ashland; thence along said northerly line, North 890 48' 54" West,
68.14 feet; thence leaving said northerly line, North 180 55' 53" East, 85.54 feet; thence
86.68 feet along the arc of a curve to the right, having a radius of240.00 feet, a central
angle of 200 41' 39", and a long chord which bears North 290 16' 42" East, 86.21 feet;
thence 58.21 feet along the arc of a curve to the left, having a radius of 47.00 feet, a
central angle of 700 57' 55", and a long chord which bears North 4008' 34" East, 54.56
feet; thence 62.30 feet along the arc of a curve to the right, having a radius of 60.00 feet,
a central angle of 590 29' 18" and a long chord which bears North 10 35' 45" West, 59.54
feet; thence North 23025' 07" East, 98.95 feet; thence North 18041' 20" East, 63.29 feet;
thence 68.34 feet along the arc of a curve to the left, having a radius of 110.00 feet, a
central angle of350 35' 55", and a long chord which bears North 00 53' 22" East, 67.25
feet; thence North 160 54' 36" West, 16.05 feet; thence 89.27 feet along the arc of a curve
to the left, having a radius of 125.00 feet, a central angle of 400 54' 59" and a long chord
which bears North 37022' 05" West, 87.38 feet; thence North 570 49' 35" West, 20.20
feet; thence 23.11 feet along the arc of a curve to the left, having a radius of 50.00 feet, a
central angle of260 28'49", and a long chord which bears North 71003' 59" West, 22.90
feet; thence North 840 18' 24" West, 19.25 feet; thence 38.87 feet along the arc ofa curve
to the left, having a radius of 125.00 feet, a central angle of 17048' 57", and a long chord
which bears South 86047' 07" West, 38.71 feet; thence 49.80 feet along the arc ofa curve
to the right, having a radius of245.00 feet, a central angle of 110 38' 50", and a long
chord which bears South 830 42' 04" West, 49.72 feet; thence South 89031' 29" West,
54.15 feet; thence South 3026' 59" East, 34.10 feet; thence South 840 03' 01" West, 19.74
feet to the easterly line of tract described in Document No. 77-13324 of said Official
Records; thence along said easterly line, North 00 19' 02" East, 403.84 feet to the Point of
Beginning, containing 2.47 acres more or less.
September 23, 2008
A!f;tIST!!PtED
-PROFESSIONAL
LANO. SURVEYOR .
-~- C-
EXHIBIT'D'
ANNEXATION TRACT C
(A PORTION OF) 39 IE 04B, TAX LOT 800 AND 391E 04B, TAX LOT 1100
39 IE 04BB, TAX LOT 800
A tract or parcel of land situated in the Northwest. Quarter of Section 4, Township
39 South, Range 1 East, Willamette Base and Meridian, Jackson County, Oregon,
and being more particularly described as follows:
Commencing at a point which is 356.52 feet (record is 3~6.40 feet) West of the
Northwest comer of Donation Land Claim No. 53, in Township 38 South, Range 1
East of the Willamette Meridian in Jackson County, Oregon; thence South 00 19'
02" West, 875.72 feet to the center of Ashland Cree~ thence continue South 00 19'
02" West, 403.84 feet to the Point of Beginning; thence continue South 000 19'
02" West, 428.05 feet to the Northeast comer of tract described in Document No.
67-04020, Official Records, Jackson County, Oregon, being a 5/8" iron pin with
aluminum cap; thence along the North line of said tract, South 890 59' 19" West
(record is West), 50.00 feet to the northwest comer thereof; thence along the West
line of said tract and it's extension, South 000 19' 02" West, 120.10 feet to the
northerly City Limit line of the City of Ashland, Oregon; thence along said
northerly line, South 89048' 54" East, 195.62 feet; thence leaving said northerly
line, North 18055' 53" East, 85.54 feet; thence 86.68 feet along the arc ofa curve
to the right, having a radius of 240.00 feet, a central angle of 200 41' 39", and a
long chord which bears North 290 16' 42" East, 86.21 feet; thence 58.21 feet along
the arc of a curve to the left, having a radius of 47.00 feet, a central angle of 700
57' 55", and a long chord which bears North 4008' 34" East, 54.56 feet; thence
62.30 feet along the arc of a curve to the right, having a radius of 60.00 feet, a
central angle of590 29' 18" and a long chord which bears North 1035' 45" West,
59.54 feet; thence North 230 25' 07" East, 98.95 feet; thence North 180 41' 20"
East, 63.29 feet; thence 68.34 feet along the arc of a curve to the left, having a
radius of 110.00 feet, a central angle of350 35' 55", and a long chord which bears
North 00 53' 22" East, 67.25 feet; thence North 160 54' 36" West, 16.05 feet;
thence 89.27 feet along the arc of a curve to the left, having a radius of 125.00 feet,
a central angle of 400 54' 59" and a long chord which bears North 370 22' 05"
West, 87.38 feet; thence North 570 49' 35" West, 20.20 feet; thence 23.11 feet
along the arc of a curve to the left, having a radius of 50.00 feet, a central angle of
26028' 49", and a long chord which bears North 71003' 59" West, 22.90 feet;
thence North 840 18' 24" West, 19.25 feet; thence 38.87 feet along the arc of a
curve to the. left, .having a radius of 125.00 feet, a central angle of 170 48' 57" ,and
a long chord which bears South 860 47' 07" West, 38.71 feet; thence 49.80 feet
along the arc of a curve to the right, having a radius of245.00 feet, a central angle
of 11038' 50", and a long chord which bears South 830 42'.04" West, 49.72 feet;
thence South 890 31' 29" West, 54.15 feet; thence South 30 26' 59" East, 34.10
feet; thence South 840 03' 01" West, 19.14 feet to the easterly line of tract
described in Document No. 77-13324 of said Official Records, being the Point of
Beginning, containing 3.17 acres more or less.
September 23, 2008
R!~IST!"ED
PROFESSIONAL
LAND SURVEYOR.
- .A. ,L
- ...-. -- -.- -......--
ALMEDADR.--.--
-.-..--......---.....-. .......-. .-- .--.-. -- ..'---..- ..- .- -
.--..-....--......-.....,
I
i
i>
1<
I
__J~
>
..-.-...-''',
I
f
W NEVADA 5T
E NEVADA 5T
l-
V)
z
<(
~
.....J
W
I
RANDY 5T
/-...----....---..........-
EXHIBIT E:
Comprehensive Plan Map Amendment as approved in the Verde Village Development
Agreement, Ordinance 2945
September 30, 2008
>
<(
V')
02
o
>
"'__'_0__._ _...__
ALM EDA--i5k ---...
WNEVADA5T
, "",
''''".
'""
E NEVADA 5T
l-
V')
Z
<(
~
-I
W
I
RANDY 5T
/,' - ... -...
EXHIBIT F:
Zoning Map Amendment as approved in the Verde Village Agreement, Ordinance 2945
September 30,2008
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Taxicab Certificate: AMC 6.28
October 7, 2008 Primary Staff Contact:
City Recorder's Office E-Mail:
Legal , t Secondary Contact:
Martha Benne I) Estimated Time:
Barbara Christensen
christeb@ashland.or.us
Megan Thornton
5 minutes
Question:
Should the City Council conduct and approve the First Reading of an ordinance titled, "An Ordinance
Relating to Taxicabs, Providing for Certification of Taxicab Companies and Drivers, and Repealing
Chapter 6.28," and move the ordinance on to Second Reading?
Staff Recommendation:
Staff recommends Council approval of the First Reading by title only, and that Council move the
Ordinance on to the Second Reading set for October 21,2008.
Background:
The City Recorder's Office requested that the legal department evaluate AMC 6.28, which regulates
taxicabs, to determine whether revisions were necessary. After the legal department reviewed AMC
6.28 and discussed a number of issues with the City Recorder's Office it was determined that the
ordinance should be revised to provide clarity and ease of use for taxicab companies that rely on this
code section. In many instances the only changes that were made to individual sections were the
section numbers. However, the following changes were made to make the code section more user-
friendly:
· Definitions were added and revised,
· Code Sections were reordered moving the taxicab certificate and issuance section to the
beginning, surrender of the certific~te to the end, and reordering the other provisions to place
them in a more intuitive order,
· Exemptions were added to make it clear when AMC 6.28 will not apply, and
· Resolution numbers and fee amounts were removed to avoid the need to amend the code in the
future.
Related City Policies:
City Charter Article 10, Ordinance adoption provisions
Council Options:
(1) Move to approve First Reading and continue the matter to October 21, 2008 for Second Reading.
(2) Postpone consideration.
Potential Motions:
Staff: [Conduct First Reading of Ordinance by Title only]
Council: Motion to approve First Reading and set Second Reading for October 21, 2008.
Attachments:
Proposed ordinance
r.,
ORDINANCE NO.
AN ORDINANCE RELATING TO TAXICABS, PROVIDING FOR CERTIFICATION OF
TAXICAB COMPANIES AND DRIVERS, AND REPEALING CHAPTER 6.28
Annotated to show deletions and additions to the code sections being modified.
Deletions are bold . and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers. of the City The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefiahters, Local 1660, Beaverton Shop 20 Or.
App. 293; 531 P 2d 730, 734 (1975); and
WHEREAS, the taxicab chapter required revision of its definitions to provide clarity; and
WHEREAS, it has become necessary to make it clear what activities are exempt from
the taxicab permitting process; and
WHEREAS, the process of issuing taxicab company certificates and taxicab driver
permits needed to be updated and clarified;
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS:
SECTION 1. Sections 6.28.010 [Purpose] through 6.28.170 [Violation - Penalty] are
hereby added to read as follows:
6.28.010 Purpose.
It is the purpose of this ordinance to reauire that those persons operatina
taxicabs do so in a safe, fair and efficient manner. The taxicab industry
constitutes an essential part of the City's transportation System. and
transportation so fundamentally affects the well-beina of the City's citizens that
some reaulation is necessary to ensure that the public safety is protected, the
public need provided for, and the public convenience promoted. The provisions
contained herein should be applied and enforced in such a manner as to reauire
the taxicab industry to reaulate itself, under City supervision, to promote
Taxi Ordinance 10-07-08
Page 1 of9
innovation and adaption to chanaina needs. and respond to economics of the
market place. so lona as the public interest is served thereby.
6.28.020 Definitions.
A. Certificate. A current certificate issued under this chapter to operate a
Taxicab company.
B. Commission. The City of Ashland Transportation Commission.
c. City Recorder. The City of Ashland City Recorder or his/her desianee
authorized to perform the duties of this Chapter by the City Recorder.
D. Driver. Any person duly authorized by the City as a taxicab driver under the
terms of this chapter that operates taxicabs as a driver for any permitted
taxicab company. reaardless of whether the vehicles operated are owned
by the company. leased. or owned by individual members of the company.
E. Operate. To drive a taxicab. to use a taxicab in the conduct of business. to
receive money from the use of a taxicab. or cause or allow another person
to do the same.
F. Person. Any individual. partnership. trust. estate. corporation. or other
form of business oraanization recoanized by Oreaon law.
G. Police Chief. The person holdina the position of Chief of Police of the
Ashland police department. or any aaent. employee. or desianee
authorized to perform the duties of this chapter by the Police Chief.
H. Taxicab. Any motor vehicle which carries passenaers for hire when the
iourney oriainates in the City and where the destination and route may be
controlled by a passenaer and the fare is calculated on the basis of any
combination of an initial fee. distance traveled. waitina time. or a flat fee.
Any vehicle which has an appearance deceptively similar to a taxicab is a
taxicab for the purposes of this 'chapter.
I. Taxicab company. Any Person that operates taxicabs that either lias its
primary place of business within the city limits. or reaularly conducts
business within the city limits. that is authorized by the City as a Taxicab
company under this chapter.
J. Taxicab driver permit. A permit issued to a driver that demonstrates the
driver is an authorized taxicab driver under this chapter.
Taxi Ordinance 10-07-08
Page 2 of9
K. Translink Provider. A business or companv that has been approved as a
provider of transportation services bv the federal aovernment bv meetina
federal standards and receipt of a certificate evidencina such compliance.
L. Taximeter. A mechanical or electronic device which calculates and
displavs a fare based on an initial fee. distance traveled. waitina time. or
anv combination thereof.
6.28.030 Taxicab Companv Certificate Reauired - Exemptions
A. No Person shall operate anv taxicab in the Citv of Ashland without
possessina. in addition to anv license reauired bv anv other law. a valid
Taxicab Companv Certificate issued pursuant to this chapter. A certificate
mav not be sold. assianed. mortaaaed or otherwise transferred.
B. Exemptions to Certificate Reauirement.
1) Public Transportation provided and funded in whole or in part bv
public oraanizations shall be exempt from the permit reauirements of
this chapter.
2) Courtesv shuttles provided bv hotels. motels. and companies
providina recreational activities as a convenience for reaistered
auests and pavina customers onlv. where no additional charaes
applv.
3) Special Vehicles and Tour Buses as defined in AMC 6.30.
4) Certified Translink Providers that show proof of such certification to
the Citv.
6.28.040 Taxicab Companv Certificate Applications - Issuance
A. Application. An application for a Taxicab Companv Certificate shall be
submitted to the Citv Recorder. and the application must be sianed under
penaltv of periurv. The application documents must contain the followina:
1) The name. business address and residence address of the applicant.
2) The make. tvpe. vear of manufacture. VIN number. and Seatina
Capacitv of each vehicle that will be operated as a taxicab under the
Taxicab companv certificate.
3) A description of the proposed color scheme. insiania. trademark. or
anv other distinauished characteristics of the proposed vehicle
desian.
4) A list from the applicant of anv violation. misdemeanor. or felonv
convictions. the nature of the offense. and the punishment or penaltv
assessed for the owner(s} and/or anv officers of the Taxicab
companv.
5) Proof of insurance in the manner and form reauired bv this chapter
from a responsible. solvent insurance carrier authorized to issue
public liabilitv and propertv damaae insurance in the State of
Oreaon.
Taxi Ordinance 10-07-08
Page 3 of9
6) A receipt issued bv the City showina payment of the non-refundable
application fee. The fee is to be set bv resolution of the city council.
7) Before any Taxicab company application is acted upon bv the City
Recorder. the police chief is to make an investiaation within 60 days
from the date the application is filed. Upon completion of such
investiaation the police chief is to report his findinas. in writina. to
the City Recorder.
B. Issuance of Certificate. The City Recorder will issue a certificate to operate
a taxicab upon findina that the applicant has met the reauirements of this
chapter.
6.28.060 Annual Taxicab Company Certificate Renewal. Taxicab company
certificates shall be renewed upon submission of the annual certificate fee. as
established bv resolution of the city council. unless otherwise revoked under this
Chapter. The annual license fee is due and pavable on Julv 1st of each year.
6.28.070 Minimum Standards for Taxicab Companies. Anv Taxicab company
operatina under a Certificate issued pursuant to this Chapter shall complv with
the followina minimum standards:
A. An office open and staffed for a minimum of 8 hours a day. 5 days a week.
B. A dispatch system in operation 24 hours each day capable of providina
reasonablv prompt service in response to reauests received bv telephone.
c. Facilities and personnel sufficient to insure that every taxicab operated bv
the Taxicab company complies with the reauirements of this Chapter.
D. Insurance policies in force sufficient to meet the reauirements of this
Chapter and to protect the company to the same limits of liabilitv.
6.28.080 Eauipment
Every taxicab is to be eauipped with the followina:
A. Except for taxicabs charaina flat rates. a taximeter in accurate operatina
condition with a liahted face which can be read at all times bv the
customer.
B. Taxicabs charaina flat rates must be eauipped with a sian complvina with
section 16.28.150 that states "Flat Rate" in a conspicuous location inside
the taxicab.
c. A top liaht identifvina it as a taxicab.
D. The company name and telephone number where service can be reauested
displaved on the exterior of the taxicab.
E. A cell phone or "state of the art" taxi radio on a clear coordinated taxicab
radio freauencv for customer comfort and rapid dispatchina of calls for
service.
F. A current COpy of the Taxicab company certificate with the approved
vehicle's Vehicle Identification Number (VIN).
G. A notice providina information necessary to file a complaint as reauired bv
section 6.28.160.
Taxi Ordinance 10-07-08
Page 4 of9
H. All safety eQuipment reQuired bv federal law, state law. or this Chapter,
includina. but not limited to. a seat belt or other restrainina device for every
passenaer.
6.28.090 Inspection and Maintenance of Taxicabs
A. Prior to the operation of any vehicle under the provisions of this chapter,
and annuallv thereafter, each taxicab shall be thorouahlv examined and
inspected bv either a Certified Mechanic or a aovernmental entity located
within Jackson County and shall be found to be in safe operatina
condition. For the purpose of this section the term "Certified Mechanic"
means a person certified bv the National Institute for Automotive Service
Excellence, or its eQuivalent.
B. Everv taxicab must have proof of its annual inspection in the vehicle.
Proof of the inspection shall be submitted to the City Recorder on an
annual basis.
c. A Taxicab company operatina taxicabs in violation of these reQuirements
shall be reason for revocation of the Taxicab company certificate under
AMC 6.28.130.
6.28.100 Insurance and Indemnification
A. No person shall operate any vehicle as a taxicab unless that vehicle is
covered bv commercialliabilitv insurance providina coveraae of not less
than $500.000 per occurrence in combined sinale limit for bodilv iniurv and
property damaae claims, or $500,000 per occurrence for bodilv iniurv and
J100,000 per occurrence for property damaae. Liabilitv coveraae shall be
provided on an "occurrence" not "claims" basis. A certificate of insurance
coveraae, evidencina insurance coveraae in compliance with this Section,
shall be filed with the City Recorder. The City of Ashland, its officers.
emplovees. and aaents shall be named as additional insureds.
1) The limits of insurance coveraae reQuired under this Section shall be
subiect to any statutory chanaes reaardina the minimum limits of
liabilitv reQuired for taxicab companies.
2) Insurance policies for all vehicles operatina as taxicabs shall contain
a provision that the policv will not be reduced in coveraae or
canceled without 30 days prior written notice to the City Recorder.
3) Failure to maintain adeQuate insurance as reQuired under this
Section shall be cause for immediate suspension or revocation of a
Taxicab Company Certificate.
B. All Taxicab companies and drivers that receive a Certificate or a permit,
shall. to the extent permitted bv law, aaree to defend, indemnify and hold
harmless the City, its officers and emplovees, from and aaainst any and all
damaaes. losses and expenses, includina reasonable attornev's fees and
costs of suit or defense, arisina out of. resultina from or alleaed to arise
out of or result from any claims for damaaes to property. or iniurv to
Taxi Ordinance 10-07-08
Page 5 of9
_._~---.-r-.-.- ..-----.--.--. .------------
persons. which may occur in connection with the operation of a taxicab
company or a taxicab under the terms of the Certificate or permit.
6.28.110 Approval of Drivers
It is unlawful for any person to operate a taxicab in the City of Ashland without a
Taxicab Driver Permit issued by the Police Department in accordance with the
terms of this chapter.
A. Application for a Taxicab driver permit is to be made to the Police Chief. on
a form provided by the city. accompanied by the fee established by
resolution of the city council. The applicant must attach a certified COpy of
the applicant's department of motor vehicle records. a COpy of the
applicant's driver's license. and two passport size photos of the applicant.
B. When the Police Chief receives the application he shall make such
investiaation of the applicant's backaround as necessary to verify that
each taxicab driver issued a permit:
1) Is 21 years of aae or more.
2) Has not have been convicted of any crimes involvina moral turpitude
or dishonesty.
3) Possesses a valid Oreaon driver's license.
4) Has not had his or her driver's license revoked by any state within
the last five years. and
5) Did not make any false statements in the application.
c. If the Police Chief determines that the applicant meets the reauirements of
this section. the Police Chief may issue the permit. The permit expires one
year from the date of issuan.ce and may be renewed from year to year by
filina a renewal application with the police department. The fee for a
renewal permit shall be set by resolution of the city council. Failure to
renew a license before expiration of the current taxicab driver permit shall
result in late fees.
D. Denial of permit. No taxicab driver's permit shall be issued or renewed to
any person if the city determines. atter a review of a person's traffic.
criminal record. and any other information the city deems pertinent. that
the public health. welfare. and safety would not be served by the issuance
or renewal of a permit to that person. If the application is denied. the
applicant may. within seven days of notification of the denial by the city.
appeal the matter in writina to the City Recorder and proceed throuah the
administrative appeals process in AMC 2.30.
6.28.120 Operatina Reaulations of Taxicab Companies and Drivers
A. Taxicab Companies. A Taxicab Company shall not:
1) Allow any taxicab to be driven that has not been inspected and
properly permitted. or
Taxi Ordinance 10-07-08
Page 6 of9
2) Allow persons to operate taxicabs that do not have a valid Taxicab
driver permit issued pursuant to this chapter.
B. Taxicab Drivers. A taxicab driver shall not:
1) Transport a passenger to his destination by any other than the most
direct and safe route. unless reQuested to do so by the passenaer.
2) Fail to aive a correct receipt upon payment of the correct fare if
reQuested to do so by the passenaer.
3) Permit additional persons to OCCUpy or ride in the taxicab without
consent of the original passenaer.
4) Refuse to transport to his reQuested destination any passenaer of
proper demeanor who reQuests services or is assigned by a taxicab
service company when the taxicab is not already in service. and who
is able to demonstrate the ability and willinaness to pay the fare.
5) Charae a fare hiaher than the posted rates. or try to defraud a
passenaer in any way by manipulating devices to cause a
registration to be made of a greater distance or more time.
6.28.130 Cancellation. Suspension. Revocation. or Appeal of Certificate or Permit
A. Anv certificate or permit may be suspended or revoked by the City
Recorder if the city finds after a reasonable investiaation verifyina that any
one or more of the followina conditions exist:
1) The Taxicab company ceases to operate any taxicab for a period of
15 consecutive days without obtainina permission for the cessation
of such operation from the city.
2) The Taxicab company and/or driver fails to operate the taxicab in
accordance with the provisions of this chapter. .
3) The Taxicab company and/or driver fails to pay any of the fees or
payments reQuired to be paid by the .provisions of this chapter.
4) The suspension or revocation is necessary to protect the public
health. safety. and welfare generally. or the safety of the taxicab-
ridina public in particular.
5) The revocation or suspension is otherwise authorized bv ordinances
of the city.
B. Any suspension or revocation pursuant to this section shall be in writina.
settina forth the reasons therefore and theriaht of appeal pursuant to AMC
2.30.
c. Except as provided below. any suspension or revocation shall be effective
10 days after mailing a copY' thereof by first class United States mail
addressed to the taxicab company and/or taxicab driver at the business or
residence address shown on the permit application or renewal.
D. Notwithstandina subsection eCl of this section. a suspension or revocation
may be made effective immediately if the city finds reasonable arounds to
believe that:
1) A person holdina a taxicab driver's permit is not covered by liability
insurance as reQuired by this chapter.
Taxi Ordinance 10-07-08
Page 7 of9
2) A vehicle beina operated as a taxicab is not covered by liability
insurance reauired by this chapter. or
3) Continued operation by the taxicab company or taxicab driver would
cause. or is likely to cause. imminent danaer to the public health.
safety. or welfare.
6.28.140 Surrender of Certificate or Permit
Any certificates or permits suspended or revoked by the City shall be
surrendered to the City Recorder and the operations of any taxicabs covered by
such certificates shall cease. Any Taxicab company that permanently retires any
taxicab from taxicab service and does not replace it within 15 days shall
immediately surrender any certificate aranted for the operation of such taxicab to
the City Recorder and the Taxicab company may not secure an additional
Certificate for the operation of another taxicab without makina application
therefor in the manner provided in this chapter.
6.28.150 Rates
A flat fare remains constant reaardless of the distance traveled or the time
involved. Except for a taxicab charaina a flat rate. the rates to be charaed to
passenaers are to be based on the factors of mileaae from the point of oriain to
the point of destination by the most direct route. the time involved. and the
number of passenaers. No taxicab may charae any fees or rates other than those
that are posted.
6.28.160 Complaints
A. Every taxicab shall have posted in a prominent place within the passenaer
compartment a notice entitled "Complaints" settina forth the address and
telephone number of the Taxicab company to which complaints should be
directed and a notice that a record of all complaints shall be open to
inspection and review by the City at any time on its reauest.
B. Taxicab companies shall maintain a record of all complaints received either
in writina or by telephone.
6.28.170 Violation - Penalty
Any Person that violates any provision of this Chapter throuah its operation of a
taxicab service from points oriainatina within the City of Ashland shall be
deemed auilty of a separate violation on each and every day or portion thereof
durina which the violation is committed. continued or permitted. and upon
conviction of any such violation. the Person shall be punished as prescribed in
AMC 1.08.020.
Taxi Ordinance 10-07-08
Page 8 of9
SECTION 2. Repeal. Ashland Municipal Code Chapter 6.28 [Taxicab Certification] is
hereby repealed in its entirety. Any municipal code provisions in conflict with the
provisions contained herein are also hereby repealed.
SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause
shall not affect the validity of the remaining sections, subsections, paragraphs and
clauses.
SECTION 4. Savinas. Notwithstanding this amendment/repeal, the City ordinances in
existence at the time any criminal or civil enforcement actions were commenced, shall
remain valid and in full force and effect for purposes of all cases filed or commenced
during the times said ordinance(s) or portions thereof were operative. This section
simply clarifies the existing situation that nothing in this Ordinance affects the validity of
prosecutions commenced and continued under the laws in effect at the time the matters
were originally filed.
SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the City
Code and the word "ordinance" may be changed to "code", "article", "section", "chapter"
or another word, and the sections of this Ordinance may be renumbered, or re-Iettered,
provided however that any Whereas clauses and boilerplate provisions (Le. Sections 2-
5) need not be codified and the City Recorder is authorized to correct any cross-
references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of , 2008,
and duly PASSED and ADOPTED this day of , 2008.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
, 2008.
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Taxi Ordinance 10-07-08
Page 9 of9
--."~----".."T-"--.-..__..-------._- ----...------ -------
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Special Vehicle & Tour Bus Permits: AMC 6.30
October 7, 2008 Primary Staff Contact: Megan Thornton
City Attorney's Office E-Mail: thorntm@ashland.or.us
Public Works Secondary Contact: Jim Olson
Martha Be Estimated Time: 5 minutes
Question:
Should the City Council conduct and approve the First Reading of an ordinance titled, "An Ordinance
Relating to Tour Bus and Special Vehicle Permits," and move the ordinance on to Second Reading?
Staff Recommendation:
Staff recommends Council approval of the First Reading by title only, and that Council move the
Ordinance on to the Second Reading set for October 21, 2008.
Background:
The City Recorder's Office requested that the legal department evaluate AMC 6.28, which regulates
taxicabs, to determine whether revisions were necessary. When the legal department reviewed AMC
6.28 it found that the code that regulates special vehicles was codified as AMC 6.28.035; therefore,
these regulations were imbedded within the taxicab chapter. This ordinance places the special vehicle
and tour bus regulations in AMC Chapter 6.30. The text is virtually the same as the text in 6.28.035
except for the following changes:
· The sections were renumbered,
· Definitions were added, and
· "city engineer" was changed to Community Development Director in AMC 6.30.080.
In addition to those changes the Traffic Safety Commission recommended that Lithia Way be added to
AMC 6.30.040(B)(2), which allows special vehicle permits for non-motorized vehicles to be issued as
long as extensive travel is not required on Lithia Way. In addition, the Traffic Safety Commission also
suggested that the availability of bicycle helmets for drivers and passengers of pedicabs be added to the
approval criteria in AMC 6.30.050.
Related City Policies:
City Charter Article 10, Ordinance adoption provisions
Council Options:
(1) Move to approve First Reading and continue the matter to October 21, 2008 for Second Reading.
(2) Postpone consideration.
Potential Motions:
Staff: [Conduct First Reading of Ordinance by Title only]
Council: Motion to approve First Reading and set Second Reading for October 21, 2008.
Attachments:
Proposed ordinance
r~'
_.._~-----.T-.--
ORDINANCE NO.
AN ORDINANCE RELATING TO TOUR BUS AND SPECIAL VEHICLE PERMITS
Annotated to show deletions and additions to the code sections being modified.
Deletions are bold . and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter
specifically enumerated each of those powers, as well as all powers not
inconsistent with the foregoing; and, in addition thereto, shall possess all
powers hereinafter specifically granted. All the authority thereof shall have
perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording
all legislative powers home rule constitutional provisions reserved to Oregon Cities.
City of Beaverton v. International Ass'n of Firefiahters, Local 1660, Beaverton Shop
20 Or. App. 293; 531 P 2d 730, 734 (1975); and
WHEREAS, the City of Ashland currently has a permitting process for tour buses
and special vehicles located in the taxicab chapter of the Ashland Municipal Code,
and
WHEREAS, the City would like to revise the special vehicle permitting process and
codify it as its own chapter in the Ashland Municipal Code.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Sections 6.30.010 [Definitions] through 6.30.140 [Violation] are hereby
added to read as follows:
6.30.010 Definitions.
A. Commission. The City of Ashland transportation related commission.
B. Community Development Director. The City of Ashland Director of
Community Development or his designee authorized to perform the
duties of this Chapter by the Community Development Director.
C. Director. The City of Ashland Director of Public Works or his designee
authorized to perform the duties of this Chapter by the Director of
Public Works.
D. Driver. Any person that operates a special vehicle or tour bus as a
driver for any permitted special vehicle or tour bus. regardless of
Special Vehicle Ordinance 10-05-08
Page 1 of7
--~_._...-r..-...._._--_......._-------------~
whether the vehicles operated are owned by the company. leased..or
owned by individual members of the company.
E. Flat rate. A fare which remains constant reaardless of the distance
traveled or the time involved.
F. Ol?erate. To drive. use to conduct business. or receive money from the
use of a special vehicle or tour bus. or cause or allow another person to
do the same.
G. Permit. A numbered permit issued under this chapter to operate a
special vehicle or tour bus.
H. Special vehicle. A horse-drawn cart or carriaae. pedicab. licensed
motorized street car or other similar specialized vehicle used to
transport passenaers.
I. Street. Any street. alley. avenue. road. lane. hiahway or public place in
the City commonly used for the purpose of public travel.
J. Tour bus. A vehicle which is not subiect to reaulation by the State of
Oreaon Public Utility Commission. and which has a passenaer seatina
capacity which does not exceed 20. provided. however. a tour bus does
not include a vehicle operated for the exclusive use of senior citizens
or the disabled.
6.30.020 Permit Reauired.
No person shall operate any special vehicle or tour bus on any public street in
the City of Ashland without possessina. in addition to any license reauired by
any other law. a valid permit authorizina the proposed operation. A permit
shall be valid for a period of one year and may be renewed annually by the
Commission.
6.30.030 Application Reauired.
Any person reauestina a permit for a special vehicle or tour bus shall submit
a completed application containina such information as the City may reauire
to the Director.
6.30.040 Authority to Issue Permits.
A. The Director shall have the authority to review and approve or deny
reauests for tour bus and special vehicle permits. The Director may
attach special conditions to any permit and shall have the authority to
waive any of the criteria specified in AMC 6.30.050 for one-time only
special vehicle permits for special events. The Director. in his
discretion. may reauest a recommendation from transportation related
commissions reaardina whether the permit should be approved or
denied.
B. The Director shall have the authority to issue a special vehicle permit
for non-motorized vehicles:
1) When such vehicles will be used for weddinas or similar events
where the passenaers are not returned to the point of oriain:
Special Vehicle Ordinance 10-05-08
Page 2 of7
--~-- .-r....--.~---_.- -.-----.-.--.-.-------
2) When the route does not reauire extensive travel alona North or
East Main streets. Siskiyou Boulevard. Hiahway 66 (Ashland
Street), Hersey Street. or Lithia Way: and
3) If the route crosses any street noted in the above subsection.
such crossina will not cause substantial conflict with traffic on
those streets.
6.30.050 Criteria for approval.
The proposed operation shall:
A. Have a clearly defined route that will not create traffic conaestion or
adversely affect the character or privacy of a residential area.
B. Have proposed pick-up and delivery locations that will not create, or
materially contribute to, a parkina problem.
c. Have a vehicle speed that will not create traffic conaestion or safety
problems.
D. Utilize streets of sufficient width, includina vision clearance at
intersections, so that it will not materially contribute to traffic and
pedestrian safety problems.
E. Have a fixed route with passenaers picked UP only at a specified sinale
point of oriain and. except for Lithia Park, passenaers shall be
returned to that same point.
F. Each day, prior to the operation of any special vehicle or tour bus. the
special vehicle or tour bus shall be thorouahly inspected by the
operator and found to be in safe operatina condition. An inspection for
safe operatina conditions must include. but is not limited to.
inspection of: brakes includina parkina brake: allliahts. sianals and
reflectors: steerina system: mirrors: horn and other warnina devices:
tires: and the availability of helmets for drivers and passenaers of
pedicabs. For any condition found then or at any other time that will
prevent the safe operation of the special vehicle or tour bus. the
operator shall immediately remove the vehicle from service and
correct the condition before returnina it to service.
6.30.060 Renewal of Special Vehicle or Tour Bus Permit.
Special Vehicle and tour bus permits shall remain in effect upon submission
of an annual insurance certificate documentina coveraae in compliance with
section 6.30.090 and payment of the annual permit fee. unless revoked under
this chapter. Failure to renew the special vehicle or tour bus license in a
timely fashion shall result in late fees.
6.30.070 Operations Prohibited.
Permittees in the operations described in this section shall not:
A. Respond to specific or individual calls for transportation from one
point to another in the manner of taxicabs or otherwise perform the
services of taxicabs as defined in Section 6.28.020. or
Special Vehicle Ordinance 10-05-08
Page 3 of7
--~----.--r--.-- ----------.----- --------.-----
B. Have to comply with subsection A of this section if the operation
involves pedicabs.
c. Operate or allow the operation of any special vehicle or tour bus
unless the operator possesses a valid Oreaon driver's license.
6.30.080 Sians.
A. Any sian located on a vehicle must not exceed six sauare feet in area
on anyone side of the vehicle. For purposes of this subsection. sian
means any insiania. identification. description. illustration. symbol.
loao. decal or printed or araphic information.
B. Upon completion and submission of a sian permit application to the
Community Development Director and upon payment to the city of a
fee to be established by resolution of the city council. the Community
Development Director will issue to the operator of any special vehicle a
special vehicle boardina zone sian permit and a special vehicle
boardina zone sian. The sian is to be affixed by the operator to such
post. liaht pole. or other location as may be specified in the permit. and
only durina hours the special vehicle is in operation. The sian is to be
in such standardized format as the Community Development Director
may specify: of approximately the same size as a standard city parkina-
hours sian: and desianed so as to aenerally resemble some type of
sian sanctioned in most current edition of the Manual of Uniform
Traffic Control Devices. The sian is to read "Horse Drawn
Carriaae/PedicabUas the case may be} Boards Here." The sian will
remain the property of the city and must be returned to the Community
Development Director upon expiration of the operator's permit issued
pursuant to this Chapter. The sian is deemed for purposes of AMC
18.96.030 to be an informational sian placed by the City of Ashland in
the public riaht of way.
6.30.090 Sound Amplification.
No form of sound amplification intended to be heard outside of the special
vehicle or tour bus shall be permitted.
6.30.100 Liability Insurance Reauired.
A. No person shall be issued a permit. or operate any special vehicle or
tour bus. unless the special vehicle or tour bus is covered by
commercial liability insurance providina coveraae limits of at least
-'500.000 per occurrence in combined sinale limit for bodily iniury and
property damaae claims. or $500.000 per occurrence for bodily iniury
!!:!2.j100.000 per occurrence for property damaae. Liability coveraae
shall be provided on an "occurrence" not "claims" basis. A certificate
of insurance coveraae. evidencina insurance coveraae in compliance
with this section. shall be filed with the City before a permit is issued
and for renewal of the permit. The City of Ashland. its officers,
employees. and aaents shall be named as additional insureds.
Special Vehicle Ordinance 10-05-08
Page 4 of7
--,---- - ------------------------
B. The insurance policy shall contain a provision that states that the
policy will not be reduced in coveraae or canceled without 30 days
prior written notice to the City.
C. Failure to maintain adeauate insurance as reauired under this section
shall be cause for immediate suspension or revocation of a special
vehicle or tour bus permit.
6.30.110 Permit Fee.
Permit fees shall be set by resolution of the City Council. If the permit is
aranted. a reaular annual business license fee shall be obtained by the
permittee prior to operation of the special vehicle or tour bus. The business
license and its associate fee are in addition to the special vehicle permit and
fee. No portion of the business license fee shall be refundable in the event
the operation is discontinued for any reason.
6.30.120 Revocation.
A. Suspension and Revocation. Any permit issued under this chapter
may be revoked or suspended if the Director finds after a reasonable
investiaation that:
1) The provisions of this chapter or reaulations adopted hereunder
have been violated:
2) Any statement contained in the application for the permit or
license is false:
3) The suspension or revocation is necessary to protect the public
health. safety. and welfare aenerally: or
4) The revocation or suspension is otherwise authorized by
ordinances of the city.
B. Any suspension or revocation pursuant to this section shall be in
writina. settina forth the reasons therefore. and aivina five days written
notice prior to the revocation or suspension.
C. Except as provided below. any suspension or revocation shall be
effective 10 days after mailina a COpy therof by first class United State
mail addressed to the special vehicle or tour bus company at the
business or residence address shown on the permit application or
renewal.
D. Notwithstandina subsection C of this section. a suspension or
revocation may be effective immediately if the city finds reasonable
arounds to believe that:
1) A vehicle beina operated as a special vehicle or tour bus is not
covered by liability insurance reauired by AMC 6.30.090. or
2) Continued operation by the special vehicle or tour bus company
would cause. or is likely to cause. imminent danaer to the public
health. safety. and/or welfare.
6.30.130 Appeals.
Special Vehicle Ordinance 10-05-08
Page 5 of7
-----,,---------
A. Grounds for Appeals. Appeals to a hearinas officer may be made by
any special vehicle or tour bus company whose:
1) Application for the reauired permit or permit renewal has been
denied by the Director:
2) Special vehicle or tour bus company's permit has been approved
with terms or conditions they oppose:
3) Special vehicle or tour bus company's permit has been revoked
or suspended by the city: or
4) Permit has been suspended by the city so that the company no
lonaer has authority to operate any vehicle under its permit.
B. Procedure for Appeals. Any person wishina to appeal a decision of the
city under this ordinance shall follow the procedures set forth in AMC
2.30
6.30.140 Violation.
Each operation of a tour bus or special vehicle in violation of this section is a
separate violation. whether the prohibited operations occur within the same
day. different days. or relate to the same or different tour bus or special
vehicle. A violation of any provision of this chapter is a violation and shall be
punished as set forth in AMC 1.08.020.
SECTION 2. Severability. The sections, subsections, paragraphs and clauses of
this ordinance are severable. The invalidity of one section, subsection, paragraph,
or clause shall not affect the validity of the remaining sections, subsections,
paragraphs and clauses.
SECTION 3. Savings. Notwithstanding this amendment/repeal, the City ordinances
in existence at the time any criminal or civil enforcement actions were commenced,
shall remain valid and in full force and effect for purposes of all cases filed or
commenced during the times said ordinance(s) or portions thereof were operative.
This section simply clarifies the existing situation that nothing in this Ordinance
affects the validity of prosecutions commenced and continued under the laws in
effect at the time the matters were originally filed.
SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word "ordinance" may be changed to "code", "article", "section",
"chapter" or another word, and the sections of this Ordinance may be renumbered,
or re-Iettered, provided however that any Whereas clauses and boilerplate
provisions (Le. Sections 2-4) need not be codified and the City Recorder is
authorized to correct any cross-references and any typographical errors. .
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of , 2008,
and duly PASSED and ADOPTED this day of , 2008.
Special Vehicle Ordinance 10-05-08
Page 6 of7
---~------r----------------
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
Reviewed as to form:
Richard Appicello, City Attorney
Special Vehicle Ordinance 10-05-08
-,----- ------ ----------
,2008.
John W. Morrison, Mayor
Page 7 of7
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Administrative Appeals Process: AMC 2.30
October 7, 2008 Primary Staff Contact: Megan Thornton
Legal E-Mail: thomtm@ashland.or.us
Legal Secondary Contact: Richard Appicello
Martha Bennet Estimated Time: 5 minutes / Ordinance
Question:
Should the City Council conduct and approve the First Reading of an ordinance titled, "An Ordinance
Relating to Establishment of a Uniform Administrative Appeals Process," and move the ordinance on
to Second Reading?
Staff Recommendation:
Staff recommends Council approval of the First Reading by title only, and that Council move the
Ordinance on to the-Second Reading set for October 21,2008.
Background:
During the legal department's review of AMC 6.28, which regulates taxicabs, it determined that there
was no appeals process for denial of taxicab certificates or special vehicle permits. Thus, there was no
way that an individual could get a taxicab company certificate or a special vehicle permit if their
original application was denied.
To remedy this problem an administrative appeals process was drafted that could be used for both
ordinances. The taxicab ordinance and special vehicle ordinance state when the administrative appeals
process is available and specifically reference AMC 2.30 to invoke use of the process. The benefit to
setting forth the administrative appeals process in a separate ordinance is that it can provide uniform
appeals for different types of permits without requiring the text of the entire appeals process to be
placed in each ordinance. This appeals process provides a denied applicant an opportunity for notice
and a hearing conducted by either the City Administrator or an outside hearings officer if the applicant
wishes to contest the denial. This ordinance specifies that this process can be utilized as an
administrative appeals process for other decisions if the appropriate AMC section is amended to
include a specific reference authorizing its use. If a citizen then wishes to further appeal the decision,
the appeal would go to the Jackson County Circuit Court.
Related City Policies:
City Charter Article 10, Ordinance adoption provisions
Council Options:
(1) Move to approve First Reading and continue the matter to October 21, 2008 for Second Reading.
(2) Postpone consideration. .
Potential Motions:
Staff: [Conduct First Reading of Ordinance by Title only]
Council: Motion to approve First Reading and set Second Reading for October 21, 2008.
Attachments:
Proposed ordinance
-~-----.-r------ ----------- ---- -----------------
ORDINANCE NO.
AN ORDINANCE RELATING TO ESTABLISHMENT OF A UNIFORM
ADMINISTRATIVE APPEALS PROCESS
Annotated to show delotions and additions to the code sections being modified.
Deletions are bold . and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefiahters. Local 1660. Beaverton Shop 20 Or.
App. 293; 531 P 2d 730, 734 (1975); and
WHEREAS, the City of Ashland would like to adopt a simple administrative appeals
process that provides for uniform notice and an opportunity to be heard and which can
be referenced and used whenever such a process is necessary.
WHEREAS, the City Council of the City of Ashland has determined that in order to
protect and benefit the health, safety and welfare of existing and future residents of the
City, it is necessary to amend the Ashland Municipal Code to provide some
standardized procedures for administrative appeals and to direct such appeals to the
City Administrator or other designated officer.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitations are true and correct and are incorporated herein
by this reference.
SECTION 2. Sections 2.30.010 [Definitions] through 2.30.020 [Appeals Process] are
hereby added to read as follows:
2.30.010 Definitions.
A. City Recorder. The person holdina the position of city recorder for the City
of Ashland.
B. Day. Unless otherwise specified "Days" means calendar days.
Administrative Appeals Ordinance 10-07-08
Page 1 of3
- r------------------ ---- - -------------------
C. Department Head. The person holdina the position of department head for
any department of the City of Ashland. or any aaent. employee. or desianee
of the Department Head authorized to perform the duties of the Department
Head by express written deleaation of the Department Head.
D. Director. The person holdina the position of director for any department of
the City of Ashland. or any aaent. employee. or desianee authorized to
perform the duties of the director by express deleaation of the director.
E. Hearina Officer. The City Administrator or an outside party not affiliated
with the City of Ashland that is hired or selected by the City Administrator
or City Attorney to conduct an appeals proceedina.
2.30.020 Administrative Appeals Process.
Any person aaarieved by the decision of a Department Head or Director may
appeal such action to a Hearina Officer throuah the followina procedures if the
Ashland Municipal Code chapter arantina the City Department Head or Director
authority to make the decision expressly authorizes use - of this appeals process.
Land use decisions subiect to AMC Chapter 18 shall not be subiect to the appeals
process in this Chapter. Appeals processes are as follows:
A. A person appealina the Department Head's or Director's action shall. within
10 Days of such action and notice. file a written notice of appeal with the
City Recorder. The written notice shall include the name and address of
the appellant. the nature of the decision beina appealed, the reason(s) the
oriainal decision is alleaed to be incorrect. and the result the appellant
desires on appeal. .
B. The City Recorder shall fix the time for the appeal to be heard by the
Hearina Officer. place the hearina of the appeal upon the calendar of the
Hearina Officer. and notify the appellant of the time fixed no less than ten
days prior to that time. unless the appellant aarees to a shorter time.
c. The appellant shall pay a nonrefundable appeals fee to facilitate the appeal.
Appeal Fees shall be set by Resolution of the Ashland City Council.
D. The appellant shall be entitled to appear personally and by counsel and to
present such facts and araumentsas may tend to support his or her
appeal.
E. The Hearina Officer shall take such action upon the appeal as he or she
sees fit. The Hearina Officer's decision shall be the final decision of the
City. and it shall be issued in writina.
F. The action of the Department Head or Director shall be stayed pendina the
outcome of an appeal properly filed pursuant to this section.
G. Failure to strictly comply with the applicable appeal reauirements,
includina but not limited to the reauired elements for the written notice of
appeal. time for filina. and payment of the applicable appeal fee. shall
constitute iurisdictional defects resultina in the summary dismissal of the
appeal.
Administrative Appeals Ordinance 10-07-08
Page 2 of3
H. If the appellant loses on appeal. the appellant will be held financially
responsible for the cost to the City of Ashland for the appeal. includina but
not limited to the cost of hirina an - independent Hearina Officer.
SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause
shall not affect the validity of the remaining sections, subsections, paragraphs and
clauses.
SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City
Code and the word "ordinance" may be changed to "code", "article", "section", "chapter"
or another word, and the sections of this Ordinance may be renumbered, or re-Iettered,
provided however that any Whereas clauses and boilerplate provisions (Le. Sections 1,
3 and 4) need not be codified and the City Recorder is authorized to correct any cross-
references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of , 2008,
and duly PASSED and ADOPTED this day of , 2008.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
, 2008.
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Administrative Appeals Ordinance 10-07-08
Page 3 of3