HomeMy WebLinkAboutLegal Authorization of Issuance T"Sinstrument is a correct copy
e or' ' this office.
U
1 ATTE6 v . : z
* nistrator
2 Circuit, c
COUNTY
3 �'
i
4
5 IN THE CIRCUIT COURT OF THE STATE OF OREGON
6
FOR THE COUNTY OF JACKSON
)
7 In the Matter of: )
CASE NO: 113075-Z-9
s
9 The Legality of City of Ashland's )
Authorization of the Issuance of Certain GENERAL JUDGMENT)
10 General Obligation Bonds )
11 )
}
12 )
13 Petitioner City of Ashland ("City"), acting through its governing body,, the
14 Ashland City Council, , petitioned the Court on June 24, 2011 for a proceeding in rem
15 pursuant to ORS 33.71.0 and 33.720 to obtain judicial review and determination of the
16 legality and sufficiency of the authorization of the general obligation bonds to finance
17 the replacement of Fire Station No. 2 upon voters' approval of Ballot Measure 15-109 in
is
the May 17, 2011 special election.
19
The City sought through its petition to remedy an inadvertent omission from the
20
ballot title for Ballot Measure 15-109 of a required notice that the bonds would be
21
22 payable from property taxes that are not subject to the limits of Sections 11 and 11b of
Article XI of the Oregon Constitution. Voters were given notice of the impact:passage
23
24 of Ballot Measure 15-109 would have on property taxes by other means. The City has
25 now given public notice to all electors, freeholders, taxpayers and other interested
26 persons of Ashland, Oregon of its petition to this Court, as provided in OP's '33.720(2).
27 More than the 10 days required in ORS 33.720(3) have passed since completion of
28 publication of such notice. No one appeared and contested the validity of this
-1 - GENERAL JUDGMENT Ashland City Attorney
20 E.Main Street
Ashland,OR 97520
541-552--',091 k.
I proceeding before expiration of the 10 day waiting period after completion of the public
2 notice.
3 The Court, having examined the written record, and being otherwise fully
4 advised in the premises, HEREBY ORDERS AND ADJUDGES as follows:
5 (1) Jurisdiction of the City of Ashland has been properly obtained through the
6 appropriate publication of notice; and
7 (2) Judgment is hereby entered pursuant to ORS 33.170 and 33.720 validating the
8 legality and sufficiency of the authorization by Ballot Measure 15-109 of$3,000,000 in
9 General Obligation Bonds for reconstruction of Ashland's Fire Station No. 2.
10
it
12 DATED this day of , 2011.
13
14
15 JUDGE OF THE CIRCUIT COURT
16
17
Submitted by:
18 David H. Lohman, OSB #81484
19 david.lohman @ashland.or.us
20 Phone: 541-488-5350
Fax: 541-552-2092
21 Attorney for Petitioner, City of Ashland
22
23
24
25
26
27
2s
-2- GENERAL JUDGMENT Ashland'City Attorney
20 E.Main Street
Ashland,OR 97520
541-552-2091
SUMMONS BY PUBLICATION
Case No.11307&-Z-9
IN THE OIROUIT OOURT OF THE STATE OF OREGON
FOR THE 0001-ITY OF JAOIw'SON
In the Matterof_
The lxgafttyof City ofAshtan(fsAui&orirationof the lsstanca
of CErtain General Oblgation Bands
TO: All Elector—, Fteehdde's, Taxpayer and Other hter_-ted Pe.-Cris of A=bland.
Ore'g_-n
Vi the Name of the State of Or,yat:
Pursuant to ORS 23.710.Y ., Petitior e i it) of Ashland has canrrieni_ad the
aboae de_-•-.ri-ed aCtlCfi in tt- ac. son Qcsin v i;ircuit Ccutt U-determine the le plity
and suficienev of the authotlxyvon of the ct-srr3al Cbligation bonds described in Ballot
measure 1511x9. Ballot measure 1&-109 was submitied by the :ity of Ashland to its
voters at-the may 17,'2011 Sr ial IJ=--tion:it authotize the Cif;,of Ashland to issue
$2 Coo Cr0 in q3.eel 6311♦'aton bpn&to finance the replaceri4tt of Fire SrtCn No.
2.
The followingstatanent required by ORS 2151 M7 was inadvertenty CrnitteJ from the
printrl ballot titre qu_tor.pr~rerlted to voters in Ballot Measure 1&-109:'If the brads
are aPprouv-d,they will be payable frLrn taxes on property or property ownership that
are not subje tto the lit-nits of sections 11 and 11b,Article XI of the Oregon Oonsttu-
tor' Hoe&,,e',the summary se.ton of Ballot Measure 15109 sp=cifoany stated that
the bonds'will con st Ashland tax payer s approxirnateI $17.124 per$1.(00 of asse3sed
value per yFar for tnent. years.-. and that the annual tax for an average singe farnila
dwelling'would be$28_'d per year for 20 years' Theballot title was otherwise legally
suffcient, and the Explanatoty St,-ternent for the Voters-' Pamphlet,the February 28,
2Ch 1 and May 6,2011 public noic_-given about the impendinct ballot measure,and
the envelope mailed to vools with the ballot inside also all unequivocally informed
readers that the ballot measure pmposed an increase in taxes.
The City of Ashland seeks a judctnent of the Court pursuant.to ORS 33.710 and
23.720 validating the legality and sufficiency of the general obligation bond authorisa-
tion in Ball rt Measure 1_5-1W.novaithsancingtheornission in theballottile.Thepet-
tion forjudicial deterrination of the leg7jlity of the gene-al obligation bond authorization
in Ba Ilo.Measure 15109 is available for revier:in the office of the Cleric of the-'oJrt of
frrtn the undersiged at the address shown bel
NOTI ETO INTERESTED PERSONS:READ THESE PAPERSOAREFULLY!Ifyou be
liege you are either affected or interested in this determination,you must'appa r'at
this case to con tit the velidrta of such proceeding or of anyof the act.or things therein
enumerated.To'appear'you must file with the court a legal parrs calla a msion'or
'Answer'with rrlust begiven to theco-irtcleW or adrninistatar within 10 days afte'the
lastdateofpublicatior,which shall beJuly25,2011.The'Moion'or'Answ r'must Vic
accompynied by the required filing fee.It roust be in proper form,have prof of sem-ice
cc,the petitioner's attr-tney at the address shown below.
If you have questions,you are ad•.+sed to consult an attorney as so_n as possible.If
ycu ne_y hel p��tindingan at4_rney.you rnay call the Oregon State Bar's Lawyer'Referral
Service at(SE)6815763 or tc41-free in Ott=gon at(3C13j 4w=r6 6.
Date of Arstpublication:June W.2011.
Additional publication dates:July 7 and 14,2011.
DATED this 23rd day of June,2011.
By:1si Datid Lohman.OSB#81494
Ashland Oity Attorn ey
d-a-wid.lohman Qashland.or.us
Telephone:541-48"3501
Facsimile:541-5ti•2 2090
THalAvomey: Damd Lohman
June 30,July 7.14.2011
m mor>
I �
X nn n
z p*Zq ca
m �3p0
m vyzz
m �Nmc
10--1 m ch Cl)�--4
--1 m-<
a m �o��
M
cia
RAWa ra.
XXMWAM
NAW M
V CJi z co►, �,{
N w O
to
to
c z
z �«
m z �
N a
rri
T
_ b
Dcrm
<zNm ua
-<D<A -.g
MMC
o r m;o
bomoo
I OWMD C �
- -031 zo CIO
WDUM
-I;uomo
-- 0°m m
m W
cn 0 z
v m wr
c v mK Co
iO):� OO
,p ►y O o D --i
oho O M�
r
2
4 IN THE CIRCUIT COURT OF THE STATE OF OREGON
5 FOR THE COUNTY OF JACKSON
6
7 In the Matter of. Case No. 11.3 07 5 -'Z_ C\
8 The Legality of City of Ashland's STATUTORY PROCEEDING TO
Authorization of the Issuance of Certain DETERMINE THE LEGALITY
9 General Obligation Bonds OF A GOVERNMENT ACTION
(ORS 33.710 AND 31720)
10
lI
12 The City-of Ashland, acting through its governing body, the Ashland City
13 Council, commences this proceeding pursuant to ORS 33.710 and 33.720 to
14 determine the legality of a government action.
15 1.
16 The City of Ashland (the"City") is a municipal corporation organized and
17 existing under the laws of the State of Oregon. The Ashland City Council (the
18 "Council") is the governing body of the City for purposes of ORS 33.710 and
19 33.720.
20 2.
21 The City is located in Jackson County. Pursuant to ORS 33.720, the Circuit
22 Court of the State of Oregon for the County of Jackson will have jurisdiction over
23 the City and all interested persons for purposes of deciding this matter upon
24 publication of a notice of these proceedings once a,.week for three successive weeks
25 in a newspaper of general circulation published in Jackson County.
26 Ill
Page I 1 —Statutory Proceeding to Detcrmine the Legality of a Government Action
1 3.
2 The City provides fire prevention and fire protection services to its citizens
3 and property owners through the Ashland Fire Department.
4 4.
5 The Council determined that Ashland Dire Department's Fire Station No. 2
6 should be replaced because it does not meet applicable seismic standards, is too
7 small to house the necessary fire vehicles,poses health risks to employees, has an
8 inadequate electrical system, permits ground water to seep inside, and doers not
9 comply with the National Fire Protection Association standards, the Americans with
10 Disabilities Act, and other applicable standards or requirements.
11 5.
12 On February 1, 2011, the Council, acting as the governing body of the City,
13 authorized the,calling of a special election on May 17, 2011 for the purpose of
14 obtaining a decision of the electorate on whether to issue $3,000,000 in general
15 obligation bonds to finance replacement of Fire Station No. 2.
16 6.
17 The Ashland City Recorder published on February 8, 2011 a Notice of
18 Receipt of Ballot Title Filed in the City of Ashland, as provided in the laws of the
19 State of Oregon and the charter and ordinances of the City of Ashland; this public
20 notice attached as Exhibit"A." The Ashland City Recorder also caused to be
21 timely delivered to the Elections Officer of Jackson County the Notice of Special
22 Election that is attached as Exhibit `B" and, as required by City ordinance:,
23 published on May 6, 2011 a Notice of Special Election, which is attached as Exhibit
2.4 "C."
25
26 /ll
Page 2--Statutory Proceeding to Determine the Legality of a Government Action
1 7.
2 The three public notices about the ballot measure and the ballot delivered to
3 electors all contained the identical ballot title for the general obligation bond
4 measure. The ballot title was legally sufficient except for the inadvertent omission
5 of the following sentence that is required by ORS 250.037: "If the bonds are
6 approved, they will be payable from taxes on property or property ownership that
7 are not subject to the limits of sections 1 I and l I b,Article XI of the Oregon
8 Constitution." I lowever, the summary section of the ballot measure included in the
9 three public notices and the ballot itself all specifically stated that the bonds "will
10 cost Ashland tax payers approximately$0.124 per$1,000 of assessed value per year
I I for twenty years..." and that the annual tax for an average single family dwvelliing
12 "would be$28.36 per year for 20 years."
13 8.
14 The Jackson County Elections Officer incorporated the City's ballot title into
15 the May 17, 2011 ballot as Ballot Measure 15-109. On or about April 29, 2011, the
16 Jackson County Elections Officer caused to be mailed to Ashland electors an
17 envelope containing Ballot Measure 15-109, on the front of-which was printed in
18 bold,red capital letters the statement, "CONTAINS VOTE ON PROPOSED TAX
19 R\TCP.EASE." The front of the envelope also provided notice in bold letters that a
20, ballot was enclosed. A copy of the mailing envelope is attached hereto as Exhibit
21 "D." The ballot inside the envelope included Ballot Measure 15-109. A sample
22 version of the ballot mailed to electors is attached as Exhibit"E."
23 9.
24 The opening paragraph of the Explanatory Statement for County Voter'
25 Pamphlet, attached as Exhibit"F," stated that "Passage of this measure will increase
26 property taxes approximately$0.124 per$1,000 of assessed property value per year
Page 13—Statutory Proceeding to Determine the Legality of a Gom,nment Action
I for twenty years..."; that the owner of a house of average value in Ashland "would
2 pay [an additional] $28.36 per year for 20 years..."; and that property owners
3 should multiply their assessed property value "by $.000124 to determine,tlic amount
4 they would pay."
5 1.0.
6 A majority of the votes cast by the midnight May 17, 2011 deadline:
7 approved Ballot Measure 15-109, and the Council has canvassed the vote and
8 declared the pleasure to have passed.
9 11.
10 The City's bond counsel has opined that omission of the statement !required
1 I by ORS 250.037 from the question presented in Ballot Measure 15-109 precludes
12 issuance and sale of the bonds therein authorized, unless ;R court having jurisdiction
13 rules that the election on that Measure was legally valid notwithstanding the
14 omission in the its defective ballot title. This proceeding presents a justiciable
15 controversy for purposes of ORS 33.710(4).
16 WHEREFORE, the City of Ashland seeks:
17 a. A judicial determination pursuant to ORS 33.710(2)(b) of the
IS regularity and legality of the authorization by Ballot Measure 15-109 of the general
19 obligation bonds described in Ballot Measure 15-109; and
20 b. Entry of judgment pursuant to ORS 33.710 and 33.720 validating the
21 legality and sufficiency of the authorization by Ballot Measure 15-109 of
22
23
24
25
26
Page 4--Statutory Proceeding to Determine the Legality of a Government Action
1 $3,000,000 in General Obligation Bonds for reconstruction of Ashland's 1"ire
2 Station No. 2.
3
4 DATED this 231-d day of done, 2011.
5
6
By: — ---
7 avid Lohn3an, OSB !#81484
Ashland City Attorney
8 david.lohman @ashland.or.us
9 Telephone: 541-488-5350
Facsimile: 541-552-2092
10
11 Trial Attorney: David Lohman
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Page 5—Statutoi-y Proceeding to Determine the Legality of a Government Action
, t �
EXHIBITS TO
STATUTORY PROCEEDING TO
DETERMINE THE LEGALITY OF A
GOVERNMENT ACTION(ORS 3 3.7 10 and 33.720)
EXHIBIT"A": NOTICE OF RECEIPT OF BALLOT TITLE FILED
IN THE CITY OF ASHLAND DATED FEBRUARY 4,2011
EXHIBIT"B": NOTICE OF SPECIAL ELECTION DATED FEBRUARY 28,
2011
EXHIBIT"C": NOTICE OF SPECIAL ELECTION PUBLISHED MAY 6,2011
EXHIBIT"D": CITY OF ASHLAND BALLOT ENVELOPE
EXHIBIT"E": BALLOT MEASURE 15-109
EXHIBIT"F": EXPLANATORY STATEMENT FOR COUNTY VOTERS'
PAMPHLET
f
NOTICE OF RECEIPT OF BALLOT TITLE
FILED IN THE CITY OF ASHLAND
February 4, 2011
NOTICE IS HEREBY GIVEN that a ballot title meeting the requirements ofsection
I(2)(d), Article:JV of the Oregon Constitution (one subject) has been filed with the City
Recorder.
The hallot title has been prepared by the Cite Attorney and is as follows:
CAPTION: General Obligation Bond Authorization for Reconstruction Fire Station No. 2
QUESTION: Shall the City issue$3 million in general obligation bonds to finance the
replacement of Fire Station No. 2?
SUMMARY: "]leis measure authorizes the City of Ashland to issue general obligation bonds in
the amount of$3 million to rebuild Fire Station No. 2. A $3 million general obligation bond will
cost Ashland taxpayers approximately$0.124 per$1000 assessed value per year for 20 years.
According to the Jackson County Assessor's office, the average assessed value for a single-family
dwelling in Ashland is$228,710. Based on that value, the assessment would be$28.36 per year
for 20 years.
Fire Station No. 2 is more than 45 years old. The structure is built of non-reinforced concrete
blocks and the Committee Report of the City's 2008 Facilities Master Plan stated that the building
most likely would not withstand a seismic event. The building is not insulated,does not have
gender-specific accommodations and the living quarters are not sealed from the garage where
ambulances and fire engines are stored. Bond proceeds will be used to finance the capital
construction and improvements. 'File replacement station should have a useful life of at least 50
years.
ANY ELECTOR DISSATISFIED WITH THE BALLOT TI'T'LE may petition the Circuit Court
seeking a different title and stating the reasons the title filed is insufficient,not concise or unfair.
Petition must name as respondent the City Attorney and must be filed no later than the 7th day
after ballot title is filed with the City Recorder. Deadline is February 15,2011 at 5:00 pan. The
court shall review the title and measure to be initiated or referred, hear arguments, if any,and
certify to the city elections officer a title for the measure which meets the requirements of.ORS
250.035.
AN ELECTOR FILING A PETITION shall notify the city elections officer in writing that the
petition has been filed. The notice shall be given NO LATER THAN 5 p.m. on the next business
day following the day the petition is fled with the Circuit Court.ORS 250.296§2.
Barbara Christensen,City Recorder/Treasurer
Publish:Vebruary 8, 2011
EXHIBIT"A"
sJ NOTICE OF SPECIAL ELECTIONf -oT
t
CITY OF ASHLAND
JACKSON COUNTY, OREGON 610
NOTICE IS HEREBY GIVEN that on Tuesday,May 17,201 1,a measure election will be held
by the City of Ashland,Jackson County, Oregon,and that such election shall be conducted by
mail pursuant to Oregon lain.
The following shall be the ballot title of the measure to be submitted to the city's voters on this
date:
CAPTION: "GENERAL OBLIGATION BOND AUTHORIZATION FOR
RECONSTRUCTION FIRE STATION NO.2"
QUESTION: Shall the City issue$3 million in general obligation bonds to finance the
replacement of Fire Station No. 2?
SUMMARY:
This measure authorizes the City of Ashland to issue general obligation bonds in the amount of
$3 million to rebuild Fire Station No. 2. A $3 million general obligation bond will cost ,Ashland
taxpayers approximately $0.124 per S1000 assessed value per year for 20 years. According to
the Jackson County Assessor's office, the average assessed value for a single-family dwelling M
Ashland is$228,710. Based on that value,the assessment would be$2836 per year for 20 years.
Fire Station No. 2 is more than 45 years old. The structure is built of non-reinforced concrete
blocks and the Committee Report of the City's 2008 Facilities Master Plan stated That the
building most likely would not withstand a seismic event. The building is not insulated,does not
have gender-specific accommodations and the living quarters are not scaled from the garage
where ambulances and fire engines are stored. Bond proceeds will be used to finance the capital
construction and improvements. The replacement station should have a useful life of at least 50
years.
The following authorized city official hereby certifies the above ballot title is true and complete,
wltie includes completion of the ballot title challenge process.
Si ature of authorized city official Date signed
Printed name of authorized city official Title
x
1 �
1 -
1
o
EXHIBIT"B" =�
{ IOTICE OF SPECIAL ELECTIOl
CITY OF ASHLAND
JACKSON COUNTY, OREGON
NOTICE IS IiFREBY GIVEN that on Tuesday,May 17,2011,a measure election will be held
by the City of Ashland,Jackson County, Oregon, and that such election shall be conducted by
mail pursuant to Oregon Iaw.
The following shall be the ballot title of the measure to be submitted to the city's voters on this
date:
CAPTION: "GENERAL OBLIGATION BOND AUTHORIZATION FOR
IZECONSTRUCTION FIRE S"f ATION NO. 2"
QUESTION: Shall the City issue$3 million in general obligation bonds to finance the
replacement of Fire Station No. 2?
SUMMARY:
This measure authorizes the City of Ashland to issue general obligation bonds in the amount of
$3 million to rebuild Fire Station No. 2. A $3 million general obligation bond will cost Ashland
taxpayers approximately $0.124 per $1000 assessed value per year for 20 years. According to
the Jackson County Assessor's office, the average assessed value for a single-family dwelling in
Ashland is$228,710. Based on that value,the assessment would be $28.36 per year fbr 20 years.
Fire Station No. 2 is more than 45 years old. The structure is built of non-reinforced concrete
blocks and the Committee Report of the City's 2008 Facilities Master Plan staked that the
building most likely would not withstand a seismic event. The building is not insulated,does not
have gender-specific accommodations and the living quarters are not sealed from tine garage
where ambulances and fire engines are stored. Bond proceeds will be used to finance the capital
construction and improvements. The replacement station should have a useful life of at least 50
years.
The following authorized city official hereby certifies the above ballot title is true and complete,
which includes completion of the ballot title challenge process.
Barbara Christensen, City Recorder/Treasurer
Publish: May 6,2011
EXHIBIT"C"
cc w coo
00 O w rl 4
4`
LL.co O N, S.
00.4tOH
O
U) Id
Id
L Q
o D aoQ
4aoaF
�+ r) woQ to
Ct] � aviaO� -`
QQ1do(I it
c awm�
rcwDw
t
L1 0 W
H z id —
Cif
2.a_+Q'I 1 4 _ 0
m
uT h i
o
vi
INN
am
um
sm LLJ o ��
w
z z I- �J
o c) v
U�Z0
v Lu Z)
®LU
UA
FLU
EXHIBIT"D"
Sample Ballot-Special Election-Jackson County,OR-May 17,2011
THIS 1S NOT A REAL BALLOT. DO NOT USE TO VOTE
Only the appropriate candidates for each precinct will appear on that precincts's ballot
Courlty PAeaseres
15.10$ Amends County Charter to!lake
County Surveyor Appointed Position
questiowShall the Jacfr"County Charier be
Amended so that the County Surveyor be
Appointed(father than Elected?
Summary:Section 20 of the Jackson County
Charter proddes that rrx Surveyor shall be an
e':ected adm'nislt*a ollicer of the County.Section
21 of the Charter sets out the quatlication
requuemenls fur eected otfdais.If approved,this
measure wtl amend Sections 20(1)and 20(2)by
deleting the Sur a cr frcm the Est o!elecied
edniinistra*e ohftiers of the County,and amend
Section 21(2)by Weko reference to the Surveyor
from quaGGcal'on requuemenls for elected officials.
Cj Yes
NO
( City of Ashland
lam.
15-109 General Obligation Bond
Authorization for Reconstruction Fire
Station No.2
Question-Shall the City issue$3 mihon In
general obigafon bolds to finance The replacement
of Fro Station Pla.2?
Summary-.This measure authorizes the City of
Ashland to issue general obigation bonds in the VA AV N
amount of$3 mitt-on to rebuild Fire Station No.2.A
`3 mlfion general obligation bcM vall cost Ashland
lavayersapp[orimaSelyS0.124per$i0tr3 f r t n ca Si
i assessed value per year W 20 years.According to g ys :�� �� . - '
Ute Jackson County Assessoh ofEce,the average
assessed value for asim!o-(arxlyd+etiingin
Ashland is$228,710.Based on 0lat value,the '
assessment would be S20.36 per year for 20 years.
Fire Station No.2 is more than 45 yraF£old.The
structure is built of nwreinfej led oosECf od sF �a =3
and the Conurettea Repoli q.'-C4 s 2 «r
Faa'Xes Uasler Pfau staled t the buidr3g
Ixely% no!•rithstard a �V f: E? 2 0
bold ng is nol insulat ,rfoe tiapi 'Te>-' _-
gender-specif,c accominodatians and the Etiir
quarters are nol seated from the oarage whee
ambulances and lire engines aFe�§lot0-bpd
proceeds mill be used to fmarue tti r3p�t21
contract on and improvements-The replacement
station should have a useful We of at least 50 years.
r Yes
C,� No
EXHIBIT"E"
EXPLANATORY STATEMENT FOR COUNTY VOTERS' PAMPHLET
NAME OF PERSON RESPONSIBLE FOR CONTENT: Megan Thornton, Interim City Attorney, City of Ashland,Oregon.
NAME OF ORGANIZATION PERSON REPRESENTS,IF ANY: City of Ashland,Oregon
BALLOT TITLE CAPTION:General Obligation Bond Authorization for Reconstruction Fire Station No 2_
MEASURE NUMBER: ! —/02
Passage of this measure will increase property taxes approximately$0.124 per$`,000 of assessed property value per year for
20 years. According to the Jackson County Assessor's office, the average assessed value for a single-family dwelling in
Ashland is$228,710. Based on that value,the property owner would pay$28.36 per year for 20 years. Property owners should
refer to their property tax statement to determine their assessed property value and then multiply that amount by$.000124 to
determine the amount they would pay.
This proposed measure is$2.5 million less than the$5.5 million measure proposed in 2006. The new design is a two-story
structure of approximately 10,000 square feet,which is 4,150 square feet smaller than the 2006 design. It will be in the same
location,and it will not encroach on Sherwood Park-
The project received land use approval in April 2009,with an 18-month extension approved in September 2010. In January
2010, the City Council appointed fourteen Ashland citizens to the Public Safety Bond Committee to evaluate the need for
improvements to Fire Station No.2. In May 2010,the Committee unanimously recommended that the City place a measure on
the May 2011 ballot to seek voter approval to issue general obligation bonds not to exceed$3 million.
The current station does not meet National Fire Protection Association standards. It is more than 45 years old. The structure
is constructed of non-reinforced concrete blocks and the Committee Report of the City's 2008 Facilities Master Plan found that
the building most likely would not withstand a seismic event. Replacement of the station was identified as the highest priority
project in the Facilities Master Plan.
The current station garage is riot large enough to house all the necessary fire vehicles The building poses health risks for
employees because the living quarters are not seated from vehicle emissions. Ground water seeps into storage areas and the
HVAG system. The building does not provide gender specific facilities,indoor parking for emergency vehicles or an adequate
electrical system. It does not meet the requirements of the Americans for Disability Act.
The current location ensures a 5-minute response time to the eastern end of the city. Response times are a criticat component
for fire services;current response time in Ashland is 5 minutes from either of the City's two stations. Eliminating Fire Station
No.2 would increase response time to 9 minutes or greater to some of the southeast areas of Ashland. The study conducted
in 1993 by Urban Planning Associates,Inc.,of Mission Viejo, California found that the present locations of the two City fire
stations are optimal sites for providing prompt fire and emergency medical services responses throughout the City.
The replacement station should have a useful life of at least 50 years. The new station will meet the safety, health and
operational needs of the Fire Department.
WORD COUNT TOTAL:478
THE TOTAL WORD COUNT CANNOT EXCEED 500 WORDS_
SIGNA URE OF ERSON RE PONSIBLE FOR THE C °TENT OF 7HE EXPUiNATORY STATEA�cNT DATE
.tee
CJ
r
C
E,X1 l_BIT"r" a
co
i Cn i
