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HomeMy WebLinkAbout1996-1001 Council Mtg PACKET Important: Any citizen attending council meetings may speak on any item on the agenda, unless it is the subject of a public hearing which has been closed. If you wish to speak, please fill out the Speaker Request form located near the entrance to the Council Chambers. The chair will recognize you and inform you as to the amount of time allotted to you. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to be heard, and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL October 1, 1996 I. PLEDGE OF ALLEGIANCE: 7:00 p.m., Civic Center Council Chambers. ll. ROLL CALL III. APPROVAL OF MINUTES: Regular meeting minutes of September 17, 1996. IV. SPECIAL PRESENTATIONS & AWARDS: Mayor's Proclamation declaring the week of October 6-12, 1996 as "National Fire Prevention Week." ,Z. emd ,At,r�on " VU`uA vicSs �wct pert y (,(7{dc it V. CONSENT AGENDA 1. Minutes of boards, commissions, and committees. 3Monthly Departmental Reports - September, 1996. . Authorization for the Mayor and City Recorder to sign Quitclaim Deeds terminating or adjusting the boundaries of three easements. VI. PUBLIC FORUM: Business from the audience not included on the agenda. (Limited to 5 minutes per speaker and 15 minutes total.) VII. UNFINISHED BUSINESS: 1. Decision on provision of additional office space. - VIII. NEW & MISCELLANEOUS BUSINESS: IX. ORDINANCES, RESOLUTIONS AND CONTRACTS: Second reading of title only of "An Ordinance Amending the Membership, Powers and Duties of the Cable Access Commission." First reading of "An Ordinance Establishing a Pesticide Policy for Departments and Divisions of the City of Ashland. Reading of title only of "a resolution adopting a City of Ashland Telecommunications policy." if! Reading of title only of "a resolution setting a public hearing on the final assessment of the Oak Street Local Improvement District No. 70." OLease of property located on the north side of E. Main Street at Garfield Street to Community Works. �! A Resolution Setting a Renewal Resource Purchase Policy for the City of Ashland. X. OTHER BUSINESS FROM COUNCIL MEMBERS XI. ADJOURNMENT MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL September 17, 1996 PLEDGE E OF ALLEGIANCE Mayor Golden called the meeting to order at 7:00 p.m., Civic Center Council Chambers. ROLL CALL Councilors Laws, Reid, Hauck, Hagen, Wheeldon and Thompson were present. APPROVAL OF MINUTES The minutes of the Regular meeting of September 3, 1996 were approved with the following amendments to page 5. Discussion: Mayor Golden commented on being uncomfortable with the city charging a different system than what is charged developers as a, s to increased capacity of pipes. (In reference to the larger sizing of the pipes to accommodate future growth). Same paragraph - "or by discussion" to be omitted. Mayor Golden stated she thought the intention was that should be replaced with "the difficult community decision that has not been made." SPECIAL PRESENTATIONS & AWARDS 1. Recognition of Safety Program Achievement by Ashland City employees. 2. Proclamation declaring September 18 as "White Rose Day." 3. Proclamation declaring September 23-29 as "Healthy School Lunch Week." 4. Proclamation declaring October 1996 as "Crime Prevention Month in Ashland." 5. Introduction of Sue Shulters, Fire\EMS Coordinator. 1. Finance Director Jill Turner read the Recognition of Safety Program Achievement. Mayor Golden and Councilor Carole Wheeldon discussed merits and gave congratulations to the City of Ashland. 2. Mayor Golden read aloud the Proclamation declaring September 18 as White Rose Day. 3. Mayor Golden read aloud the Proclamation declaring September 23 through 29, 1996 as Healthy School Lunch Week. 4. Mayor Golden read aloud the Proclamation declaring October 1996 as Crime Prevention Month. 5. Mayor Golden introduced Fran Berteau, new executive secretary, and welcomed her aboard. (Council Meeting 9/17/96) 1 }}F. I 1 6. Mayor Golden introduced Adam Hanks, a city employee for the last six years, as the new code-compliance officer, and welcomed him to his new position. 7. Mayor Golden and Fire Chief Keith Woodley each introduced Sue Shulters, Fire/EMS Coordinator. Mayor Golden welcomed her aboard. CONSENT AGENDA 1. Minutes of boards, commissions, and committees. 2. Monthly Departmental Reports - August, 1996. 3. Quarterly Financial Report for period ending June 30, 1996. 4. Approval of National Register Nomination for Whittle Garage Building located at 101 Oak Street to the National Register of Historic Places. 5. Approval of Liquor License Application for "Jungle Taco" at 250 Oak Street. 6. Acceptance of Telecommunications Report from Steve Hauck. Mayor Golden asked if any item to be pulled from the Consent Agenda. Councilors Laws/Reid m/s to approve Consent Agenda. Voice vote: all AYES. Motion passed. PUBLIC FORUM None UNFINISHED BUSINESS 1. Adoption of Findings, Conclusions and Orders for P.A. 96-047 (Evan Archerd) r Mayor Golden asked for discussion and if not would take a motion. Councilors Hauck/Reid m/s to approve P.A. 96-047. McLaughlin clarified for council that the findings were for a denial. ' Roll Call vote: Councilors Laws, Hagen,Thompson NO; Councilors Hauck, Reid Wheeldon, YES; Mayor Golden voted to break tie, YES. Motion passed 4-3. 2. Reading of title only of "A Resolution establishing a Pesticide Policy for Department and Division of the City of Ashland." Mayor Golden opened by asking if there was a staff report. Director of Public Works Susan Wilson Broad stated she had been requested to read parts of the new resolution language to 2 (Council Meeting 9/17/96) k have a clear community understanding of what is being achieved. Mayor Golden read aloud parts of the resolution specifying the changes. i Councilor Laws discussed loose ends with the resolution language as to inert ingredients and suggested they be treated the same as toxic active ingredients. Public Works Director Susan Wilson Broadus agreed as to the language and stated the reason for the differentiation is difficulty obtaining information about inert ingredients because they are viewed as trade secrets. Finance Director Jill Turner representing the cemetery division stated that chemicals have been used in the past, she would like to continue to see them used in the future and believes chemicals are a tool by making it more cost-effective in work and labor dollars. Councilor Reid inquired if actual use is a violation, to which Finance Director Jffi Turner replied the major chemical used was Roundup and the LD-50 is only about 500. Public Works Director Susan Wilson Broadus reiterated her sources of data. Mayor Golden questioned if problems would occur if the cemetery continued to use this product and Public Works Director Susan Wilson Broadus deferred to Finance Director Jill Turner on that point. Finance Director Jill Turner feels we are clearly within the limit, Roundup was used for weed control, edging around the tombstones, to help with the process of mowing and clipping and keeping the cemetery in an orderly manner. Discussion followed as to whether cemetery visitors would be aware if spraying had taken place. It was determined that Roundup is not active for long, data shows the active ingredient is less toxic than table salt, and a posting would not be necessary; The policy does not require people to stay off the grass. Councilor Thompson and Finance Director Jill Turner discussed the merits of Roundup versus manual methods and it was determined more practical and efficient to use Roundup. Further discussion followed as to whether a temporary fence should be erected to keep people off the grass recently treated with Roundup. The cost-effectiveness of Roundup ensued with Finance Director Jill Turner stating that when labor is used extensively especially in,places such as Boulevard Island it becomes a safety issue. Mayor Golden stated her concern to keep the use of herbicides away from homes and this could be addressed by indicating it can only be used within 50 feet of a home and noticing that homeowner. (Council Meeting 9/17/96) 3 Councilor Reid inquired as to how we should present our cemeteries adding at the present they appear to look well with no complaints. Finance Director Jill Turner replied the policy on perpetual care is important to a particular segment of the community and that the cemeteries should look presentable. Mayor Golden added she receives three or four complaints a year about people concerned about activities going on in cemeteries being used for playgrounds, climbing on and pushing over the headstones and while they are considered open space we should not consider them as parks and they should be treated with respect. A sign could be left at the entrance that on occasion herbicides are used around headstones and to exercise caution. Discussion followed between council members as to how often cemeteries are mowed, weeded, and as to the cost-effectiveness of weeding versus using Roundup. Finance Director Jill Turner believes we could effectively live with this policy in the cemetery department. In answer to questioning she estimates 1 - 1 1/4 gallons of concentrate are used a year. Mayor Golden opened the discussion for public hearing. PUBLIC HEARING: OPEN 7:40 P.M. Mayor Golden opened by indicating two items which were not on the Agenda to be read. She asked Brooke Buettner and Karen Courtwright if they were present for the pesticide issue, and asked if anyone wished to speak on any item that was not on;the agenda. Brooke Buettner, 315 A Luna Vista Street/Introduced himself and thanked Public Works Director Susan Wilson Broadus for her help and effort. He indicated first draft was good needing some changes and the second draft better. He reflected the policy is good, that we should have a general goal to reduce and eventually eliminate the use of pesticides, with exceptions to sewers, airport, emergency situations and where worker safety is at issue. Would liked to see the addition of a list of products and especially as to whether CrossBow is on the list. He disagreed that Roundup is as safe as people say, would like to be informed if spraying took place in front of his house, and would support the idea of a pest management system with the goal to reduce the use of pesticides over time. Karen Courtwright, 447 Walnut/Wants this to be a functional policy, that could be looked at and reviewed with the species listed so that users would know what could safely be used and the list to be updated. She added a question as to cost effectiveness and peoples' lives, and that postings should be at the cemetery when Roundup is applied. She questioned Finance Director Jill Turner's use of Roundup and specified it was better to use none at all. 4 (Council Meeting 9/17/96) 1 Kay Knack, 309 Wightman/Reiterated resources for learning more about alternatives in controlling pesticides, and supports an integrated pest management training program. She would like to see monitoring to include targets, and whether these methods are working or whether other systems should be tried. She believes environmentally sensitive'residents should be noticed when spraying is to take place. She strongly favors a public forum to discuss resources. David Schieber, 586 Glenwood Drive/Stated his background is environmental toxicology, and his goal is that pesticides be used effectively. He discussed Roundup, DDT and their toxicity levels. Would favor a public forum for education on pesticide use and volunteered his services. He opined it is important to look at the chemical properties of given pesticides and suggested a new category (3.5) that pesticides shall be applied only under optimum conditions, considering factors such as wind and heat. He also suggested that another new category should be added with all pertinent employees and department heads to train in integrated pest management practices, and stressed that these are poisons we-are dealing with. He was concerned that a school was sprayed just before school started, when a group of people with hoes would have effectively dealt with the weed problem. _ Discussion followed with council members and David Schieber as to what our policy stated and as to how pesticides are applied, and if another city has a pest management program to learn from. David Schieber then presented an extensive seventeen-page document to the council called Model Pesticide Ordinance which was adopted by Eugene. John McCory, 549 B. Street/Added that Ashland could give up pesticides in general, and we could use more rocks around tombstones, trees, etc. which would look nice and also decorative. PUBLIC HEARING CLOSED 8:11 P.M. Councilor Reid wanted to know if a pesticide was applied to a school would the City be responsible. Discussion followed between council members and Mayor as to liability and problems to be discussed and explored. Mayor Golden added the Parks Commission has a cooperative agreement with the schools and is separate from the city council by charter. She added that the Parks Commission is very receptive to input from the community. Councilor Wheeldon suggested we have an active working document that people can tap into and that the city become a resource. Public Works Director Susan Wilson Broadus added that the original wording was based upon Parks Department policy and it was expounded upon the draft reviewed. Parks Director (Council Meeting 9/17/96) 5 Ken Mickelsen stated that if adopted by City Council it would move to make that applicable within the Parks and Recreation Department also, working in tandem even though two separate authority bodies. Mayor Golden stated there were good suggestions made and it would be easy to change for a second reading and set a course of action for the future. Councilor Laws wanted to know what terminology was with regard to our policy for EMF and prudent avoidance was what we were aiming at. Councilor Hagen suggested where herbicides and pesticides are noted, only the word pesticides to be used. Public Works Director Susan Wilson Broadus agreed. Mayor Golden suggested there be an ongoing list of products used with the city. Discussion followed regarding number of species, and to lay out conditions of particular plants. Councilor Hagen believes optimum conditions would be the best idea. Mayor Golden suggested the use of drip irrigation to rid weeds. She inquired as to the short and long term effect on humans, animals, plants and soil to be added to Section 3.2, and that we should take into consideration environmental conditions under Section 3.5. Mayor Golden closed the subject and suggested it be considered again at next meeting. Public Works Director Susan Wilson Broadus indicated she will pursue investigation of a community forum and training on integrated pest management. Mayor Golden asked if we could adopt this knowing the changes will be made. Councilor Reid asked whether council sees this as a resolution or an ordinance, and suggested an ordinance. Discussion between council members followed. Mayor Golden suggested it be brought back in ordinance form in two weeks with the modified changes and also some direction with integrated pesticide management. Parks Director Ken Mickelsen addressed the issues raised. He specified the Parks Department does not spray on school district grounds, that the grass is maintained only by mowing and he is unaware who is spraying. Regarding the integrated pest management he i specified we have the foremost expert in the Southern Oregon Area on City staff, our policy is similar to the policy established through the Parks Commission, integrated pest management is used and the Parks Dept. has a prudent policy on how pesticides are used. He specified that Roundup is used when practical on the campus at University of Oregon which is very sensitive to this issue and our policies are almost identical. He feels the city has done an excellent job in trying to develop a policy that will be the leader in the State of Oregon when it comes to the use of pesticides, and the Parks Department could take the role in educating the community if interested in learning about integrated pest management. 6 (Council Meeting 9/17/96) NEW & MISCELLANEOUS ANEOUS BUSINESS 1. Acceptance of report of Sluicing Alternatives Committee with comments of Tom Davis, P.E. of Montgomery-Watson Engineering. Postponed to October 1 at request of committee members. Mayor Golden asked if Myra Erwin would like to speak on this issue. Myra Erwin, 300 Grandview/Introduced herself as a member of the Sluicing Alternatives Committee, stated she has received the document from the city containing comments on recommendations which she thought good and would urge the city to add to the document additional recommendations on last page of report. Decided it would be valuable to look at the report again and that Susan Wilson Broadus should have the benefits of the documents that the committee reviewed. Joanna Eggers, 22 North Granite Street/Stated she served on the sluicing alternative committee and thinks it would serve the community better to postpone the presentation. ORDINANCES RESOLUTIONS AND CONTRACTS 1. Lease of city-owned property located on the east site of E. Main Street at Garfield Street to Community Works, an Oregon non-profit corporation. City Attorney Paul Nolte stated he had had discussions with Community Works regarding the lease regarding changes. He stressed they were not substantive changes, the lease is not ready for final approval but would like to get authorization for Mayor Golden and the City Recorder to sign once the fine details of the language are worked out so this will not have to come back to the council. Councilor Hauck asked what changes were to be made, and City Attorney Paul Nolte replied the lease language in essence was not affected. Councilor Laws stressed his problems with authorizing a lease involving city property without an opportunity to review the wording and felt uncomfortable with that. City Administrator Brian Almquist replied that everyone was anxious to proceed but a two-week delay would be acceptable. Mayor Golden suggested an agreement in concept could be sent off and to bring it back in final form in two weeks. Councilor Reid wanted to verbalize that if something were to go amiss with the organization running the facility would revert to the use of the city. City Administrator Brian Almquist said the facilities would have to be used subject to CBDG regulations and could only be used for those purposes. (Council Meeting 9/17/96) 7 r i Mayor Golden finished by saying that in two weeks the final draft would be reviewed. 2. First reading of "An Ordinance amending the membership, powers, and duties of the Cable Access Commission." City Administrator Brian Almquist stated this is a major overhaul of the ordinance as a result - of the new contract with SOSC. He read aloud the ordinance specifying deletions and additions. Mayor Golden said we should consider council liaison. Councilors Laws/Reid m/s to approve first reading and place on agenda for second reading. Roll Call Vote: Councilors laws, Reid, Hauck, Hagen, Wheeldon and Thompson, YES: Motion passed. OTHER BUSINFSS FROM COUNCIL MEMBERS Mayor Golden asked if council members had other business. Carole Wheeldon reminded council and public that three forums are planned for the Fall in the chamber, and the panel would be comprised of staff, council and committee or commission members. Mayor Golden reminded council of the study session on the following day. ADJOURNMENT Meeting was adjourned at 8:45 p.m. t Barbara Christensen, Recorder Catherine Golden, Mayor 8 (Council Meeting 9/17/96) T wl w tr �� y�Ma1 IR" iV. 'f� Nli l*i a n ,l i'Y 1.-• + !t^ail ,if} �V .J',7�i✓�} 1I_" lei. �V V ,9�' �rV' y"_ i '/"+xw nC—V�J,���i ty �° u—/v G /may its Gyp: ., + : 5 4 -� �sr SA !. /am nx�I.�;re. a/ nc MAYORAL PROCLAMATION :,� :. : WHEREAS, Fire deaths due to smoke Inhalation outnumber fire deaths due to burns by more 111 to >I than two to one; and; Zf ; !f()� WHEREAS, Smoke detectors are our first line of defense against fire; and; - llb WHEREAS, Research shows that having a smoke detector cuts our risk of dying in a fire 1 ;I nearly in half; and "## WHEREAS, Even though 90% of U.S. homes have at least one smoke detector, estimates {1, _ . show that about one-third of all homes that have fires have smoke detectors that are not working, usually because of dead or missing batteries; and f) 9 :' {; WHEREAS, Ashland Fire &Rescue recommends Installing smoke detectors outside each sleeping area and on each level of the home and advocates testing smoke <sy detectors at least once a month; and Ali WHEREAS, Ashland Fire & Rescue is dedicated to the safety of fife and property from the devastating effects of fire; and I{ )) WHEREAS, The local efforts of the City of Ashland are supported by the activities of organizations such as the American Burn Association, the American Red Cross, the Congressional Fire Services Institute, the Fire Marshals Association of North rl, America, the International Association of Arson Investigators, the International „�Im Association of Fire Chiefs, the International Association of Fire Fighters, the ;j• International Association of Black Professional Firefighters, the National I Association of State Fire Marshals, the National Fire Protection Association, the } { ! National Volunteer Fire Council, and the United States Fire Administration; I11,' NOW, THEREFORE, I, Catherine Golden, Mayor of the City of Ashland, do hereby proclaim the ;atn; week of October 6-12, 1996, as National Fire Prevention Week. This week commemorates the 't .ifz-,F i great Chicago Fire of 1871 which killed more than 250 persons, left 100,000 homeless and c destroyed more than 17,400 buildings. > IfS) `? I call upon the people of Ashland to participate in fire prevention activities at home, work and j school, and to heed the message the 1996 Fire Prevention Week theme suggests: Let's Hear It For Fire Safety: Test Your Detectors!' I f g Dated this 1 day of October, 1996 <F Catherine Golden, Mayor Barbara Christensen, City Recorder { r 1 i I jy c� t I a y y t t.afy A 1J i L �• V-f n- 'n V./ A 1 , 'm'x.� t J n ' .l•ii ."rttn° 6iAtm f r r-� t t�1.- i CF r 7 � /.r. +-. `I.J' w. � x V—'�t �1 � � ` CV S 3♦a L–`I--' �. ` 7.+V Jt$_S t �,,•, at Y r as s p nv �. i � PROCLAMATION . V r`. M. �fl' °J{.:,' WHEREAS mental illness affects millions .,of Americans annually and costs our nation- billions-of'- — -- ?� � I dollars each year in lost productivity, { s ' ay social dependence, and health care costs; and " WHEREAS, each year, 3 million or more young people are stricken with mental illness, interfering with the vital developmental and maturational ] }i; process of our nation's greatest naturals=r: resources; and, . . WHEREAS, our elderly, the fastest growing segment of �z • i our population, are particularly vulnerable r='`s to mental illness; and, ' - - WHEREAS, mental illness, widely feared and .ttn ;%.?a :r misunderstood, is increasingly treatable, and the understanding of mental illness itself. x „I .yi In- and of new and better treatment techniques can only bring about still better prospects of amelioration and recovery of those so afflicted: NOW, THEREFORE, We, the Mayor and City Council of the ;lafl City of Ashland join the National Alliance for the Mentally Ill and the American Psychiatric Association Ll ti in observance of: F' MENTAL ILLNESS AWARENESS WEER ;•r, during he week of October 6 - 12 1996 and support ><`r g Y PP efforts to increase scientific knowledge about mental illness and to improve care for those persons affected t=s:. by mental illness. r ..::> Dated this 1 day of October, 1996. Catherine M. Golden Mayor Barbara Christensen, City Recorder i . ♦ , .r t n♦. Jit- n.♦. ✓ -o♦. J n n♦. 1w m'�. fm AD HOC CITIZEN'S COMMUNICATION COMMITTEE September 4, 1996 Minutes Members Present: Hal Cloer, Joe Eckhardt, Joanne Eggers, Don Laws, Steve Hauck and Cate Hartzell; and Staff Dick Wanderscheid. Hartzell called the meeting to order at 4:05 p•m• ed by mail, and said he felt they would make good exhibits Cloer submitted two handouts which he had order to the Plan. The minutes of the July 22 and August 5, 1996 meetings were approved as submitted. Hartzell stated she would like to stay on track today and finish going over the list of additional items that had been partially completed at the last meeting, and then the committee could discuss the Draft Plan as revised by Cloer and included in the packet. #9 from the list was creation of a public relations function in the City. It had been decided at the last meeting to call this public information instead of relations. Cloer said Farwell was the originator of this idea. He said some of these functions could probably be assumed by the City Recorder. Laws said the role of the City Recorder could be expanded but since it was an elected position, it might not be wise to expand it into a full public information position. Hartzell Recordear sked if Cloer was sugesting some oft he the Plan recommend te Council look at h h included in e Plan• Cloer expanding he wase role of the City Hauck said the City of Lake Oswego has a public information center and it includes the City Recorder as a part of that center. Laws said it keep in great if the City quality of the workrcould be di ferentf, depending on who spelled out in the Draft Plan but keep is elected to fill the position. Hartzell asked if the Plan should actually define the added duties of the City Recorder. Laws suggested just a recommendation the Council look at assigning some of the Plan's tasks to the City Recorder's office. Eggers suggested it would be better to recommend the Council and City Recorder jointly undertake this task. Hartzell suggested they look at the Lake Oswego model and see how it could possibly help them in this endeavor. #10 - issue management- Cloer gave a description of how this is done in Washoe County. Hartzell said she was s it might work in Ashland. Laws asked if this was a one person job in Washoe County. ocument the issues they deal with. She familiar with this and she was impressed with how well they d thought the Plan should at least let o the Council w of training ould and other jresourc full available me position doing Laws said he felt that a rapidly growing area these things, but in Ashland, he felt department heads already do this. He felt Community Development Director John McLaughlin already does this with respect to planning issues and he might be reluctant to give this role up to someone else. Eggers felt that many of the other things in the Plan would accomplish what was being suggested and it wasn't necessary at this time to be part of the Plan. Laws said he could not see the City affording extra staff to do this. Hartzell asked if he felt the City would be willing to pay for training in these areas for City staff. Eggers felt we should create a new category of things we aren't recommending now but some things that might be considered for the future and this should be in that category. Hartzell called this a category for other ideas — not adopted now, but for future consideration. Item #11 - visioning and strategic plan between Comp Plan updates. Cloer said this was a recommendation of the old CPAC, and it was suggested partly as a way to keep citizens up on local laws. Laws asked if this should be formalized as a City function or be left up to other outside groups. Cloer said it has to have links with implementation or it creates frustration. Hauck said he is frustrated as to how current City goals and citizens goals are difficult to be funneled into the City budget process. He said in Salem and Portland, they are now attempting to connect them. Laws asked if this should be another item for future consideration. Hartzell said she felt the City should not just do this visioning for the Comp Plan but be part of the City overall process, and suggested the Plan might want to recommend a strategic planning process like that being done in Marion County. Laws felt he didn't know enough about this to make it a recommendation. Hartzell suggested recommending the City should consider strategic planning, including visioning. Laws said the Council goal setting and department strategic planning is already happening. Hartzell said she was referring more to the "big picture" stuff. Laws said he felt the City would need to know about the cost of undertaking it before we could do it. Clear said his original idea was only related to the Comp Plan and everyone else had expanded this beyond his original idea. Laws said he is in favor of periodic visioning but the hard part is connecting it up with implementation. Hartzell suggested just stating that the City facilitate a visioning process on a periodic basis. Laws suggested it say the City should sponsor a visioning and strategic planning process every five years. Eckhardt felt it should be done every year because the City is moving so fast. Laws responded that is why we have an annual Council and community goal setting process. Hartzell felt the Plan should just say "on a periodic regular basis." Eckhardt was in favor of an annual basis. Laws said he was not in favor of doing this more often than every five years. It was then decided that items #12 and #13 had already been addressed in the Plan. Hartzell suggested a new item not on the list - upgrading the video equipment in the Council Chambers and asked if the committee wanted it as a recommendation in the Plan. Everyone felt it should be included because it would encourage more people to watch and be better informed. Discussion then turned to Cloer's Draft Plan as included in the packet. Cloer said he felt frustrated at his rewrite and thought we should go back to Hartzell's approach. He said he tried to focus things on how they would have maximum impact but didn't feel he was successful. Laws said there are an infinite number of ways to classify things and that he liked the goal approach of H a rtze I I's. Hartzell said she felt the Draft needed improvement and needed a narrative or introduction. Hauck agreed on the need for a narrative. Laws said if the additional things on the list were added and a narrative done, he felt a final Draft Plan could be completed. Cloer said he tried to include Laws' goal setting involvement process as a separate goal. Laws said he had it under goal #1 . Hartzell preferred not separating it out as a separate goal. Ad Hoc Citizen's Communication Committee 2 Minutes September 4, 1996 Cloer submitted a handout he had done on the City Council public forum (Attachment N1) and it was discussed. Eckhardt said that a criteria for testimony at the public forum pins people down and discourages spontaneity. Laws said he felt the Draft Plan addressed this by having the Mayor summarize actions and discussion at the completion of the forum and felt it was a good suggestion. Hartzell said she had received a message from Carole Wheeldon asking that she, Cloer and Eggers take part in the forum Wheeldon was arranging for the Finance, Planning and Pubic Works Departments. She said they were scheduled for September 12, October 17 and October 31 and she would get more information from Wheeldon on what roles she wants the committee members to take. Laws said he fears the forums won't be adequately publicized and therefore might not be well attended. Hartzell said if they are viewed as just the first in a series of forums, that will be OK. It was then decided that a final Draft Plan will be developed by Hartzell and mailed out to everyone prior to the next meeting and this Draft will be reviewed and finalized by the committee at that meeting, then forwarded to the City Council at a Council work session. The next meeting was set for Monday, September 23 at 4:00 p.m. in the Jury Room. The meeting was adjourned at 5:30 p.m. Ad Hoc Citizen's Communication Committee 3 Minutes September 4, 1996 f � ASHLAND HOUSING COMMISSION MINUTES AUGUST 28, 1996 CALL TO ORDER The meeting was called to order at 4:10 p.m. by Vice Chairperson Gerry Sea. Other members present were Hill, Medinger, Kenefick, and Hauck. Absent members were Tiffany, Mahanay, Vaughn, and Ware. Staff present were Madding and Yates. APPROVAL OF MINUTES The Minutes were amended to include Hauck on the Funding subcommittee. REPORT ON OPTIONS FOR SOUTHERN OREGON Madding said Kim Miller, Executive Director of Options would like an opportunity to speak to the Commission about getting money for their low cost housing for the chronic mentally ill. They competed two years in a row for the block grant and were denied. The City Council gave Options a $6,000 forgivable loan to buy a piece of property on Siskiyou Boulevard. They are applying at this time for a HUD 811 grant which allows for building housing for those with very low income. Madding advised Miller there was no mechanism set up by the the Commission to request money. Kenefick said she would be interested in Miller speaking to the Commission as long as he understands there would not be money forthcoming. Medinger suggested if Options could find some funding maybe the Commission could find a source and the money might eventually be there. Hauck explained that the money for the Housing Commission to distribute is a line item in the budget and it clearly states it is for Housing Commission projects.) Kenefick suggested putting out a request for proposal which would set parameters (repayment mechanism). There is an opportunity to be innovative. SUBCOMMITTEE REPORTS Education subcommittee Madding said Ware and Tiffany faxed a report to her that she distributed to the Commissioners. Hauck reported that Debbie Price is a representative for the Oregon Department of Housing and Community Services. He is trying to get her to come to the next Housing Commission meeting and see if the Commission could use her help. Sea wondered if the Education subcommittee could come up with a list of their priorities. Medinger thought lenders are the most critical part of the whole piece. Kenefick suggested a round table discussion comprised of Planning Commission, Council, and Housing Commission members. Kenefick wondered how the Commission could focus on one thing and have a small success. Madding thought it could start with focusing on some programs. There has already been some direction given by the previous Affordable Housing Committee. Or, open the door, advertise the fact the Commission has $100,000, define some parameters, and see what is proposed. Gathering Data Subcommittee Kenefick said they met but had nothing to report. Funding Subcommittee Hauck got a book from Debbie Price listing all state programs for housing. He would like Price to tell the Commission what the City might be eligible for. Madding said the Funding subcommittee met. They discussed different funding sources, Community Development Block Grant, housing trust fund, grants, and private fund raising. The subcommittee felt the Commission should develop a proposal to get some block grant money for next year's funding cycle. The funding cycle starts in February which means the Commission would need to focus on something a couple of months prior. In addition, Madding said, a question arose as to whether or not the housing trust fund could be separated out of the budget. Jill Turner, Finance Director, explained the budget is an accounting mechanism for programs and since there are no programs, there is no reason for a separate page in the budget. Turner remembered a resolution outlining what the money from the housing trust fund could be used for. Madding will continue pursuing this. Turner also said it was not possible for the interest paid on the deferred Systems Development Charges be used for housing nor can the total SDC amount go into housing. Madding reported the Funding subcommittee had some steps they wanted to follow: 1) Identify the funding we currently have, 2) Implementation of the programs, 3) Principle of the funding; what it should be used for and that the fund should be self-sustaining. The Commissioners agreed that the Council should know that persons can be referred to the Housing Commission for certain requests. Medinger said he would like to see the fund set up like a money-making corporation. How can the Commission make $100,000 grow? He expressed an interest in Bridge Corp. in SanFrancisco. Madding said she was planning a trip to the bay area and could look into this. Kenefick suggested she stop in Sacramento and visit the state affordable housing office. Hill moved to have the Housing Commission request from the Community Development Director up to four business days of Madding's time be used to gather information on appropriate affordable housing sources. Kenefick seconded the motion and everyone approved. Hauck mentioned that Portland is in the process of developing programs too and Madding might want to explore alternatives that will work in Oregon. Madding said she would look at what the non-profits are doing. This may also help define the Commission's programs. Sea asked if the Commission wants to use all or part of the $100,000 now. It seems the Funding subcommittee's implementation idea should be in place in order to do any programs. Madding said she would check to make sure the Commission can take action without Council approval. Sea said she would like to be clear on the policies and procedures on allocating the money. Hauck, Hill, Madding and Turner will get together on policies and procedures for releasing money. Kenefick suggested the Commission set a goal for themselves. By the first quarter of 1997, a small project will be under way. In order to do this, they will need the information collected by Madding on her trip(s) by November. Kenefick so moved. Medinger seconded and everyone favored the motion. OTHER Medinger wondered if anything more had been done about density bonus. Madding said she would have to draft the language, have the Commission review, and send it along to the Planning Commission. The goal will be to have the draft by the November meeting. Sea said September and October will be used to look at more ideas and hear further reports from subcommittees. ADJOURNMENT The meeting was adjourned at 5:30 p.m. City of Ashland PARKS AND RECREATION COMMISSION REGULAR MEETING MINUTES August 27, 1996 ATTENDANCE: Present: Pat Adams, Al Alsing, Bob Bennett, Teri Coppedge, Laurie MacGraw, Director Ken Mickelsen. Absent: None I. CALL TO ORDER Chair Coppedge called the meeting to order at 7:00 p.m. at the Department Office, 340 S. Pioneer Street. II. ADDITIONS OR DELETIONS TO THE AGENDA None III. APPROVAL OF MINUTES A. Regular Meeting - July 15, 1996 Commissioner Adams made a motion to approve the minutes of the Regular Meeting of July 15, 1996 as written. Commissioner Bennett seconded. The vote was: 5 yes - 0 no B. Special Meeting - July 22, 1996 Commissioner Alsing made a motion to approve the minutes of the Special Meeting of July 22, 1996. Commissioner Adams seconded. The vote was: 5 yes - 0 no IV. REVIEW OF FINANCES A. Approval of previous month's disbursements Commissioner Adams made a motion to approve the previous month's disbursements as indicated by checks #13717 through #14049 in the amount of $259,650.41. Commissioner MacGraw seconded. The vote was: 5 yes - 0 no V. PUBLIC PARTICIPATION A. Request by N. Mountain Park natural area coordinators to hire consultant Kari Tuck was present in the audience to recommend that the Commission hire a consultant to collect and analyze the information needed to determine the enhancement possibilities of the natural area of N. Mountain Park. Ms. Tuck indicated that during the Study Session on August 19th, many questions were raised concerning the feasibility and advisability of certain kinds of enhancements to the area. She said that she and Linda Chesney felt that a significant amount of data needed to be gathered before informed decisions could be made. Regular Meeting - August 27, 1996 Page 2 Ashland Parks and Recreation Commission N. Mountain Park - continued In discussion with the Commission, Ms. Tuck indicated that a rough estimate for the total cost could be up to $23,000 with tasks ranging from data collection through a complete design of the area. She said that regardless of the level of enhancements finally decided upon, the first step would be to gather the necessary data. Director Mickelsen suggested that a Request for Proposal could be drafted in such a manner that the total project could be phased in with costs associated with each phase. That way the Commission could choose to proceed with the first "phase" but would only obligate itself one phase at a time. Commissioner Alsing said that he felt that it was important to remember that N. Mountain Park was one park indicating that he felt that the landscape architect responsible for the overall design of the park needed to be involved. Director Mickelsen indicated that if the Commission chose to proceed in contracting for additional information on the natural area, the landscape architect would certainly be involved with the process. He said that he felt it would be appropriate for Mr. McCarthy to review the draft of the RFP prior to taking proposals. MonoN Commissioner MacGraw made a motion to have staff draft an RFP which would include several task components for selecting a consultant to collect and analyze information on the natural area of N. Mountain Park. Commissioner Bennett seconded. In discussion it was determined that Commissioner Alsing would review the RFP prior to requesting proposals. The vote was: 5 yes - 0 no B. Request for additional funding for S.O. Ropes course Will Hilligoss from S.O. Ropes and John Daggett, Superintendent of Ashland Schools, were present in the audience to request funding for at-risk students within the district to attend the S.O. Ropes course. In a letter to the Commission, Mr. Hilligoss requested a funding of $5,275 from Youth Activities Levy monies to cover the 1996-97 school year. This would cover 211 attenders at $25 each. Mr. Daggett indicated strong support of the program as an extra-curricular supplement to the counseling which at-risk young people receive through the schools. He also indicated that the schools provided transportation and insurance for those student attending the course through this program. In discussion of the proposal, Commissioners in general indicated that they would choose to continue to support some funding for having at-risk young people attend the course, but could not support doubling the dollar amount over last year's allocation. Commissioner Adams indicated that she could support the current level of funding and would not oppose hearing another request later in the year but felt that it would not be prudent for the Commission to allocate the full request at this time. MonoN Commissioner Adams made a motion to authorize an expenditure of up to 100 attenders at $25 each ($2,500) for students in at-risk programs within the Ashland School District for fiscal year 1996-97. Commissioner Bennett seconded. The vote was: 5 yes - 0 no Regular Meeting - August 27, 1996 Page 3 Ashland Parks and Recreation Commission C. Presentation by Rueben Davis for skateboard park facility A group of people were present in the audience to make a request that the Commission consider constructing a more advanced skateboard facility in Ashland. Rueben Davis, owner of an Ashland business related to skateboarding, was spokesperson for the group. A video taped presentation was made of various kinds of skateboard areas, appropriate and "un-appropriate", not in Ashland. Mr. Davis said that the group had been meeting for several months to come up with a proposal for the Commission and, referring to their float in the July 4th parade, to gain support in the community. He reviewed the process by which the group had developed its proposal outlining looking at various park sites, choosing a rough conceptual design, and estimating total dollars required to construct the facility. He indicated that they believed the most appropriate site for such a facility would be at Water Street Park because it was near the downtown area and in an industrial area versus a residential area. Indicating that they anticipated that the total project would cost approximately $100,000, he said that the group was proposing that it raise half the monies needed with the understanding that the Commission would be willing to match that amount to complete the project. The group also requested that they be able to play an integral part in the design of the facility. Many skateboard enthusiasts were present in the audience to support the proposal. A number of parents were present who indicated that they would like to see a facility in Ashland on which their youngsters could learn and play. They indicated that the skateboard area at Garfield Park was suitable for very young, inexperience skaters but not adequate for people with more skill. Speaking as an advocate of skateboarding as "the sport which would not go away," Mr. Davis said that with the demonstration of skateboarding at the Olympics this year it was becoming more and more a mainstream activity. Speaking as parents and persons who worked with young people, Ken Savage and Jan Janssen spoke in support of the proposal. Indicating that it was clear that the group had "done its homework", Commissioners thanked the group for its clear and well presented proposal. During discussion, Commissioners and audience members interacted on a variety of topics ranging from the selection of park site to what kind of materials would be used for construction of the facility. Following the discussion, consensus among Commissioners was that they did not want to discourage the group by not making an immediate decision but felt that they needed a little time to consider the proposal. As an example, Commissioner Adams said that she would like the opportunity to look at the site with the idea of a skateboard facility in mind prior to making a commitment. Commissioner MacGraw said that she felt it was important to make some kind of concrete statement so that the group would know that the Commission was taking their proposal seriously. Commissioner Adams suggested that a committee of two Commissioners be established to work with the group over the next month and that the topic be scheduled again on next month's agenda. MOTION Commissioner Alsing made a motion to establish a committee comprised of Commissioners Adams and MacGraw to work with the skateboarding group and to schedule the item under Old Business for the next Regular Meeting agenda. Commissioner Alsing seconded. The vote was: 5 yes - 0 no Regular Meeting - August 27, 1996 Page 4 Ashland Parks and Recreation Commission D. Open Forum None VI. OLD BUSINESS A. Agreement for use of nark land for wetland demonstration Pilot project Commissioners reviewed the draft of an agreement between the City of Ashland and the Commission for the city's use of park property adjacent to the water treatment facility on the Bear Creek Greenway. The use would be for a Wetland Demonstration Pilot Project. Commissioners concurred that the only point of the agreement which they would like to see refined is the description of the property under Commission responsibilities #1 which refers to Addendum A, a map of the property involved. Commissioners indicated that they had not approved the use of the smaller piece of property located on the lower portion of the map and requested that that be stated in the agreement. MOTION Commissioner Alsing made a motion to refer the draft agreement to the City Attorney to be finalized and, with the revision noted above stated, to authorized the Chair to sign the agreement on behalf of the Commission. Commissioner Adams seconded. The vote was: 5 yes - 0 no VII. NEW BUSINESS A. Request for authorization to advertise for bids for rental ice skates Director Mickelsen said that in informal discussion, Commissioners appeared to be interested in having a private concessionaire handle the ice skate rentals for the rink. He said that considering the few weeks involved prior to having the facility open for business, however, he requested authorization to advertise for bids for the purchase of rental ice skates if no private business steps forward to offer the service. He indicated concern that the Department be prepared in the event it needed to offer the service. By consensus, the Commission authorized advertising for bids for rental skates. B. Review of bids for tractor and ice resurfacing machine MOTION The Commission having reviewed the bids, Commissioner Alsing made a motion to accept the bid from Zambom Co., Inc. for the ice rink resurfacing machine in the amount of $7,000 and for the used John Deere tractor from Country Farm Center for a total bid price of $14,714. Commissioner Adams seconded. The vote was: 5 yes - 0 no VIII. COMMUNICATIONS and STAFF REPORTS Director Mickelsen reported that the department had been offered a bust of John McClaren which is currently being stored at the DeYoung Museum in San Francisco. He said that the museum is now limited to the display of Asian art and that they will no longer be able to display or store the plaster bust. He showed a picture of the very large bust sculpted from plaster to the Commission. Regular Meeting - August 27, 1996 Page 5 Ashland Parks and Recreation Commission STAFF REPORTS-continued MOT10N Following lively discussion concerning historical value versus where and how the Department could store and/or display the large piece of sculpture, Commissioner Alsing made a motion to tentatively agree to accept the bust contingent on additional information being received from the museum on the proper manner and cost for shipping such an item. The vote was: 4 yes - 1 no (Adams) IX. ITEMS FROM COMMISSIONERS Commissioner Adams said that she would like to have some communication between Youthworks and the Commission concerning the proposal to have the new teen facility located on city property across from Garfield Park. Indicating that Garfield Park was already a very popular park with many visitors daily, she was concerned about the added impact to the park. She said that at the current rate of usage, summer Park Patrol is required to spend some time on the site during peak hours. She said that she would like to have the Department contact Youthworks so that they might consider assisting with monitoring the park in the future. Commissioner Alsing indicated that he would like to see establishing the trail between upper Lithia and the Reservoir Area scheduled soon. He expressed concern about continuing erosion to the hillside. X. UPCOMING MEETING DATE(S) and PROPOSED AGENDA ITEMS The next Regular Meeting was scheduled for Monday, September 23, 1996. The proposed skateboard facility would be placed on the agenda. A Study Session to discuss preliminary operational guidelines for the ice skating rink was scheduled for Tuesday, September 10, 1996 at 7:00 p.m. Prior to that Commissioners would walk the newly proposed Ashland portion of the Bear Creek Greenway Trail system. XI. ADJOURNMENT By consensus, with no further business, Chair Coppedge adjourned the meeting. Respectfully submitted, Ann Benedict, Business Manager Ashland Parks and Recreation Department VI AS • �gE6O�•, : September 26, 1996 V10: Honorable Mayor Catherine Golden & City Councilors rt1m: Susan Wilson Broadus, P.E., Director of Public Works/City Engineer 0 11i1IjQ(f: Termination of Three Easements EEOUEST: Public Works has recently received three requests to terminate or reduce three existing easements within the City. In each instance, the applicant has provided a quitclaim deed to completely terminate or decease the width of the .easement. The quitclaim deeds are submitted as follows: 1. Quitclaim Deed to Lloyd Haines, to terminate a potion of a public utility easement along Water Street. This acbcn would reduce the width of the easement f om 10 feet to three(3)feet along 156 feet of water Street frontage. (See attached memo for further details.) 2. Quitclaim Deed to Starr Built, Inc., to temrinate a five(5) foot wide storm drain easement established in 1966, but never utilized. This easement(m part)nhns from Walker Avenue to a natural water course. (See attached memo for further details.) 3. Quitclaim Deed to William Harry Kneebare Ir., to terminate a water line easement established in 1915. This easement nuns from Orchard Street to Strawberry lane. The pipe line has been abandoned for over 30 years. (See attached memo for further details.) BACKGROUND: Further information,including maps, memos and quitclaim deeds are attached for each request. The requests have been individually routed through affected City utility departments. No objections to the termination or adjustment of the easements have been woeived. In each instance the requested action would not adversely impact the City's use of its facilities in the area. RECOMMENDATION.• Staff recommends Council approval of these easement terminations. cc: Brian Almquist Paul Nolte Barbara Christensen ; IE i�. .. . �{ �� is � iisi'`1;£�� 3`•i LU F E :� _ i?i• "i"� 4 W •E'd �ISi f^ [['. i. a,? L. iti'Z: ::i i� { - CC TIT F =�, I`Y ,°,i C?'�Fl �j �3 : . ' LO- � �;"�� -•{� ;i [{i-- +7 t� — f' :i}f'j��{� =::�I •a I(:s:.�ei of .� Si �YZ i{'y � ? fj .•S '7`se !��s. +F? :-r_x i 4 \ - _ _ r ._. {•� £'.�i:f)is:'a i�^:ie �'- � '.rte y � c • _ _ ;a'_:E�t;f".'?.. Z. �� y"•1+/ C� t Ir • iy*+ °p qt \r`t d,� „ei� i2.•.�it'`,:' •' �' r / •t \ai r,I`t \\`)'rr � . L tE a:..:9�?t,� ya.,Se`sa+ r. OZ r O E O V f\ '. .°I i. ol CoU.^ yp= V./ - • j. 4. d�� ' Q=_:'r. ^ �'+ '" v` .r,,t/; s+?� 1J �• [~r' 0O o�;. �Oi - / '1t ' -- \ j� j 2 t. !:i,' ':� �` :d+•+ <..° �i� O W }•. n O �i=W t y 1 t �'.� 4 3't ��1 o f • 'r^e. i,t' / �• Z < O O O W It CL o a 5 � I\ i{ „ 5 atez ' .� - •; • �{eud r f✓j`1���\ ,-rrr y s 4sr.r1 o � � 1�'gY41 3 > �yyF���I s CSI •;j� � � _ .i f• - r .� ` I = nil• 2 LLOYD MATTHENV HAINES - ATTORNEY AT LAW - 51,WATER STREET.,SUITE 222 ' ASHLAND.OREGON 97520 - (541)482-9300 FAX(541)482.9334 August 12, 1996 Jim Olson, City Engineer City of Ashland 20 E Main Ashland, OR 97520 Dear Jim: Further to our conversation of Thursday, August 8,` 1996, this Z. letter-_ will_ serve . as a " request-to--_modify the dimensions of the Public" Utility Easement which I grantedrto the City of Ashland, in Land Partition Plat P77-1995. My request is to reduce the size-. of the PUE from 10' to 3 ' along Water Street, where it ' crosses Parcel 3. _ Since all utility'servic.es, including;witer, sewer,.and,gas, ,already_ exist-within the street; it unnecessary for`the.City` to_mainfein., a 10 ' PUE. The Helman Ditch, which I shall be relocating, will'-fit within a, 3 '_ PUE._ Jim, I have instructed` the. surveyor to describe that 7 portiori of,.. _. the PUE which I request be quit claimed to me: I do appreciate your help and consideration, ; as. well: as the consideration of other staff and the City Council .'- ?lease let me know if there is additional: -documentation that you require other than this letter, and the property description from Hoffbuhr and Associates. Thank you in anticipation of your cooperation. I remain, Very truly yours, Lloyd M. Haines LMH: sm {0 3 � Em �xr �trtxfixrrt August 15, 1996 Pete Lovrovich; Dennis Barnts; Susan Wilson Broadus; John McLaughlin; Bill Molnar James H Olson, Assistant City Engineer � . o�it�ljptt. Requested Termination of a Portion of a Public Utility Easement Along Water Street RJ.QUE.ST• Mr.: Lloyd Haines has requested a reduction in the width of the. public utility casement <established along Water Street adjacent to the second phase of his development. The current ' easement is 10 feet wide. The requested reduction is for seven (7) feet, leaving a final easement r width of three (3) feat* total usable area behind the curb, including the 3-foot wide _ i easement would be 5.5 feet. _ BACKGROUND: The 10 foot wide P.U.E. was established.by Partition Plat No. 9-77-1995 on October 18, 1995. The easement extends across parcels 2, 3, and 4 as shown on the attached plat. Since the := property is zoned C-1, the development does not have a front setback and may extend to the - right-of-way line. The proposed development has a 3-foot setback to accommodate a sidewalk _ along Water Street. I SUNEyfARY: Would you please examine your existing and future utility plans for the area? Please let me know if the 5.5 foot remaining space behind the curb will be adequate for your needs. Future utility plans for the development of the Haines project call for relocating a 24-inch irrigation pipeline into the easement area with a 5-foot wide sidewalk to be located above the pipeline and directly behind the curb. attachment: Letter from Lloyd Haines •sated August 12, 1996 Reduced copy of Partition Plat P-77-1995 Diagram of Easement Reduction Description of Easement to be Released cc: Dennis Ott, WP Natural Gas - Brad Dill, T.C.I. Cablevision - . . Jim Martin, U.S. West . Lloyd Haines • FORM NO nD-OVITCiA1M DEED-STATUTORY FORM(CappnN Onnla)._ - _»._. ... �"" irMHF,tiS W M•6,(i•U ep,q�fy„q.pl p,,, NA I QUITCLAIM DEED—STATUTORY FORM -lit CORPORATE GRANTOR, I City of Ashland, A Municipal Corporation _......_. .._................_...._..._......_.................._......_...._......_..._._..._....�.__...__..._._.._....___...._.......»._........_..._..., I Sax= tioia duly organized and existing under the Jaws of the State cf...0aeg nTT............._............».._._..__..__::.,Grantor, to/eases and quitclaims to..............1 loy-d..Jf..:&dine ........... ...:....:_..........»......._._..............................._. ............. _.... _.....:. ii ..._................................................................-..............__............:...............-...._........................................_............................. .. ♦• ..Jackson ' "'•=Grantee,all rights title.and.interest in-and.to the following"descroTxdreal property, situaledtn . _ Covnty,Oregon, fo wlt : _ r _ - - 1 See-Exhibi t "V', ttached Hereto II it -- -. .. 1 I I . (IF SPACE INSUFFICIENT. CONTINUE DESCRIPTION ON REVERSE SIDE) ! rll The true consideration for this conveyance is,S..._.._.._.._.._..._.._.._--.(Here comply with the requirements of ORS 93.030) II _....................... ..._............---..........._.........................................................................._... 1 * Termination of a ortion of a Public Utility Easeme t ....._...........................:.........._......--........_........................_.._........................._...._.......... ....._................................................. .:_..__..-_.............-.._...._........._... ._...._...._...._...._...._.......-.._....__.........- .._.........-_...._......... _.:. Done by order of the grantor's board of directors with its corporate seal,if any,affixed on_...__.... _ II THIS INSTRUMENT WILL NOTALL0IY USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS -- _._.._.._____...._.._._.._.....-------............-.._._.---._.-----_._M..___-.-.._._.._ I' ' BEFORE SIGNING OR ACCEFTING THIS INSTRUMENT,THE PERSON ACOUIRING FEE l3 ayor i TTTLE 10 THE PROPERTY SHOULD OiMWTTH THE APPROPRUJECTTYORCOUNTY Y._._..-..._....__.._....___...__..__._.._.._._..._.__._.._.._. . ]P7ramtdat�f :1 PLANNING DEPARTILENITTO VERIFY APPROVED USES AND TO DETERMINE ANY Recorder ,I _ LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRAMCES AS DEFINED IN BY•-•••••.........»...._......................._..__..---._..................Sa=1:11: t .ORS 3(193a !I STATE OF OREGON, County of............................_.................... ss. This instrument was acknowledged before me on....................................................19..._..., by 1 tas........................-.......................................................................................................................................... Ofr. ...............:......... ..........................__..........................:............................................................. Notary Public for Oregon My commission expires................................................................ City of Ashland STATE OF OREGON, ) ' City gal•1................................................:.....:..:.:.:. I Countyof....................................:...._.yss. 70 E 2fain, A"stil'and' ... '75'2'0 ._.--------• 111 1� ..'...................... ......... I certify that the within instrument I �t Gr•nl•r i H•n•and Addnu was received for record on the......---.day --L.1.9YA..11....114x.11:.S...................r:-.... ...................: L::. -- .: er...S.Cr.�c.CA..S.urte...22,2....::.......:.:::.::... . of................................................ 19......... a t o c/ock.......M.,and recorded m: :... . :. ..::. . . .AshIatd.;..O -9.75.20..:-.:: ' = -, " 1 1 O.anl..'r Hem.end Addnu SPACE RE.ERVEO book/reel/volume No:................:.on page Ah.r nurdlnp nmm 1•(N•,o.,AlLnv,TPI+ Rccomr .1% uR[ °°-°-•••••^•--•••-:• end/Of as fee/file/msfru- ! •.Lloyd•.M.••.Haines....-•....-•.••...•................................ ment/micro(ilm/reception' IVo.:.::............. . jI 151 Water Street ............... ..... Suite 222 RecordofDeedsofsaidCoii nt Y• , . .. I Street,........................... . _ Ashland, OR 97520 Witiie-ss ( f ......................................................................................... un l y o my-hand and sea Co affixed.-' ' Vmil n4•••1•d•16.r..iu•.,•d all Im J•bn.nlr 1• Hem•,Addn ,ZI - °- - it - I� . -- ... .:... __ _ _ 1 06-15-1996 11.�Oaw'I F�`_T: TO =66511 N.13.3 5 EXHIBIT; "A,. Commencing at they Northwest-corner of Block 17 in the. Citv of Ashland, Jackson Ccisiity; Oregon; according to the Official Man of said . City, adcptei November 5, 1888, now of record, said point being the interseczticn. of, the. Easterly right-of-way line of Helman Street and the Scutherly right-of-way line of Central Street (also known as Factory Street) in said City; thence, along the North lire of -. said Block 17, South 63° 45' 33" East 293.34 feet to the Westerly right-of-way line of Water Street; thence, along said right-of-way line, South 230 47 ' ' 07" West 40. 37 feet; thence North E4 0:'271.: 38" ''Kest 3.00 feet _to .the_ POINT OF BEGINNING; thence Aierth 640 27 '.; 3S" ''Kest 7.00 feet; thence South 23° 47' 07" West, parallel with the Westerly right-of-way of said Water Street, 156.13 feet; thence-' South 64° 27 '. 38" East 7.00. feet; thence North 230 47 ' 07" .East 156.13 feet to the Point of Beginning. - .. -_.. . .. . e ..._ ............... . _.. RE ISTE RE7 PROFESSIOVAL _._ .. . ... __.. .. - . . . _.. LAND SURVEYOR =- L QRnw•3r C .r" L A ELI H+U s C K ` Darrell L_ Huck _,_.•._ ,..._, ....... . L. S. 2023 - Oregon Expires .6/30/97 Hoffbuhr & Associates,== Inc. rLgust 12, 1996 V acaLe.<.Ease ent - s rat ti I Eo �Zrn. , _ I1 ry LU ui _ n Y t � ✓ � Lam. I I d I . �: : � :� - •.. • .� . - I .. _ is I .. a e u. '•� ' a h E I •v E24[n0V c D ° :,Y: •o -::: zi .i ::-jED� �C�� Onu .a I °n9 u• w Z: . ( I o W �• DCuO��JO r+) 00 I � '`�N� - \' Q •� .OZ �y Q- ...�iO C• ¢ a _ .: .•, '-� , _ Gxzs..r.c-arrs,-sT =— , ':1 ° � .• p a �O tt C. - a D •. < C \�•7� •- � .t7'zf1. Xfl•SIa_i ^• �'��::' '/ O JJ a o c c x o c.' > o o �I cuceo .. C. ueZj• �r�� �/1 = •� o v h Z a ^ c o q L i•b, , Q Z �. : � �yT �7\ S > au a D D 'uo .. .. 1010^ �� g. L a; \•jrZ7 , d I . ��.. r\�Yi �. A Cq _�. d I �+^ ZQ �:._ nom_ eE . .dE o y o nxccp oc � e E . . D 2 c tom-+ qo 1 - I j ^ .� ,?.. a �. 2 c e D J E C o•, a•. (\ U• c�C,CC4 � r u CD t �bw I oQ` UOY o; tis .I° ._ ` • 1�\\��lo � ] cnaocc ct] ] .%'� ^ I . `� Qd 0 o a •. u F c o y t1 �; +^ V v < cc a cu Eau n – �I; d 0 auVO 4 0E-+ as ° Z �.s. . ` Ogg 0 0 .! ^ •t h Q. J C --.. c, ]2a c � a . .+ . a a e �� a ] ] 3 - I Sc+ IT• 'ri_---_�I J— ^�x7 1 I?;3'� •+ . c q o u egea re¢ Yoe vo1 ri,lc,lL — crra , f .s�H • i� 1 a ,\\ h a a° x c E a q 2 ° ^ vyq +O q e . EC e ^ I(.coe_) -rare ,a (oo-sx) _r -Ps A -Pr-+Cz-o .4�j .^I 0�0 c0 C -x CCCCYOC. YCL U4, Y > ` 12 • ooaocC C a vC-+ oCao ] th � � 1 /1 o� y II ' IL iL o [7 FS2Cti_'J ):1 1 a I _ n Eo - I FO 5f: •0� i. t^y -I •.I•. rq ' EO In ♦`v 1 b O •-. q Y o C•. 1 o I– I O O \ Y> I Lori . c cc oh O ~ .oz °V 2? I h— o< .� `t j c o. c g c ^ . . � ..-I { I V- I•. .� y J - .•Q - - � _ .arer G,..:s,;r,::,) .K_,�1•rav - —• o _ _ n ti _L c• ' • ry >:•'q' tj 0 C A tcs^ .•''pf 0.51,/,� ' >� Jul 8; 1966 - 51 r (�D S Wilson B_roadus, J.'Glossop.i R Balbo, D Barms, B. Molnar,J McLaughlin r ok James H Olson, Asst. City Engineer} _ 0. r 6 LiCljl?Lf Termination of Storm Drain Easement.\ - — The proposed part)t)oning'6f.the Kathy Cox property on Peachey Road brought to light the existence-of a 5 foot wide storm dra)n'easement which passes through the _ center of one of the proposed.lots TT)e easementwas acquired in 1966. One year later -apew 1Qfoot wide. easement was acquired about 60 feetto the north. The northerly_ easement was utilized and currently accommodates a storm drain line from Walker Avenue- to the,drainage way. The original S foot wide-easement may never have been used: Ms Cox_ wishes to terminate th6'southerly 5 foot wide easement:- Jerry,'ean you : .•`.please coflrin that the easement is in fact unceded? Are there any objections.to the termination'of this easement? - s. , .. I-Y In-A[ sets MO`•l=vt^rywah.y. fT.<•..�> nlw Mtietvw Aw.i N..[a.l ao:u ovilo.'Uht Alto, t• i XNOWALL MEN BY 7NESEPRESENTS,That QJY QF f$HIJ�ND� m jgfpp].,�p�PQ7pxjp�— � ---.—. .._________..__.�__.___..,•__—_.,.—.—.__ hereinafter calledgranlor, for(he romiderdion herrina//cr,fated does hereby remise,release and quitclaim unto_.U,M.LQli,I,{eL_I1,'1:•........., ,I ' an Orroon cvrporetiog_ hererndtes called grantee,and unto grantee,heiree suecesors and assigns all of the grantor's right,title and in/crest �I in that certain reel properly sl•ifh the /rnemenit, heredifaments end appurfenar,ces thereunto belonging or in any ' Way appertaining,situated in the County of Jacksgr1 �^.�S late of Oregon,described as follows,fo•wih.' An easeient for storm sewer and drain tile purposes as granted to the City of Ashland recorded May.11;- 1966 as No. 66-05620 and recorded Maxc9['16, 1967 as Ab. 67-02101 of the Of Aeco'ds-of-JerJt_son County, Oregon, ant as on Shown on Partiti Plat recorded May 3, 1995 as Partition Plat'No. P-26-1995 in Record of Partition Plats"-in Jackson County, I! 1 Oregon,' and filled.as Survey No. 14489 in the Office Of the Jackson County Surveyor. jI This Quitclaim Deed is given to release and tealinate the easy ant as described above. II 1 - .. ' 1 t hf SPACE IIAulIIClEI3t CONTINUE W_SCUritON ON t [V[tSE SIDII. .. ! To Y.n•e and to Hold the same unto the Ventre and grantees heirs,successors and assigns torn The We and actual consideration paid for this transfer, stated in terms of do/lnf; is CNoss•estr, the actual consideration consists of or includes other properly of relue given or promised which is : P.r,.I,h.eoruidrmt;on(lndieeti Which).efno nncr ba+•..n,he symhalA',il,wePPliubte•sh..Id be d l.t.d.S.ORS 97.070.) if --' In comfming this deed, Where the context so requires, the singular includes the plural and all grammatical. '! -' changed shell b;made-" that this deed shell apply equally to corporations end to individuals• ' i In Witness Whereol,the granfor has executed this instrument chic_.•__,__.day of.....__..__..__—:._.:,19.._...; ! : it a eorporaft(ranfor, if has caused Ffs nami to be signed and its seal, if any,attired by an officer ar other �I j duly authorized there!o by order of its board difeetors. CITY OF ASHLAND; person U.STRJVEh71ttL k7f ALIOA'I15E Of TXE PRDPFRIY DESL0.6E0 rx TtnS BY�••���""' "' SItWVEh11K NDJIID';pE APPLY,J,.9;E Lhr.9 D5E LR1'.S/J:D fiGJJ710hY : ':'< `- BEFORE AGA9h'G DRA2CFPTnIG Ttu5 n:5TRDVFI.I,INE PERSDAO/ T.RING EEE 8Y ...._... -..__.._.... �j. . -'� .� ' .- ' ., TIRE TD TiQ PXYEIJT SITJ�p OC'OC W,1X 71¢MPR'1PRVTE NOR CDJI.TY . . 'PUr:pING DEPAh7t.!EhT 10 vEPoIV AtPAD.�D USES AND TD DEi(lurlNE AI.Y 'i . -. LIMITS ON Ur••StrA 1:J,rt:ST/ARIl.II+G Da fORE57 PRALiICES AS D:/Ir;ED IN ...............................•...................................... .................... '. - - - " ' This irsfrument u•es acknowledged before m<en......._...._..... .19........ _ � ? _. - __ _ _ by _This insirument�w as.e<k,ww•Iedged b<lore�me on........_•......_ .....:...._..�_..___..19...]._. 1�• . by._.._:_._......._................................._. _ . ._..................._..............._......................._......._.............:................................ _..:.............._..._.... .. 'l of.......City-of-Lishland........:.......................:................ - - ............... . ....................................................... Il I .. _ .........................._..................................... Notary Publielof Oregon i� tryeommi ssione rpir es.............................._....... .. _ ......................... i' I :_.........C37Y_.9F._ 58)A y?�............. :. ..........................................: r. ..............................._...... .._...... 5 A!E O'YOREGON" 1 rtllin inslru of Count of. x...._.'._..._. was receive for retold on lhe..........day 1 . . i :... - - . ..........._ - , .. at.....................................i.._: ...J9..._:...at . . -: ... -..._.._...._...._...._....__........_.........._.........._........_.......... ... - ......... ., ock Af end recorded n I' .._ ._....._..............._........::........._...._.........._....... - ....... ;. ...-_. c...r..:N.-...urn... '- - ou pole n1• STAIiR BU)!LT; lIJC: .«..-.,. - s u _ book/reel/C1 me A'o...J. ` .. .............._................_...._.................._. meal/m,erolilm/reeepfion No................., 11 ...a ....1./.A •n.• car ..... .. County l/nc s o y hand and _eel of _ '- _ Record of s f said County, II _ . ................_..._._._.._,.........._........................_..... .. .�....w .1....,.... I . . lfsxed 1. N... ...:. II ........._...__.._....__..........................._..........._...... - _.... __..............._........ .. ........................................ _ . m.< 1 . fly.................................._.._.._....Deputy 3 EASEMENT 9' ! , . ` KNOW._PLL kEN HY THESE PRESENTS,= That ALTA ALVIS ` an unmarried f woman, does. hereby giantjan. easement;unto -theTCITY'OF' ASHLAIdD, a c.y� 4 r Y:•: k - '�k k'lv"-I3�'F ..� municipal corporation of the State of Oregon, for and in considera- tion of One Dollar ($1. 00) , which easement is for stor5n; sewer and drain tile purposes and is over the property situated in Jackson County, Oregon, described as follows, to-wit: A strip of. land five feet in width and lying 2.50 'feet''on either side of the following described center= line_. Beginning at the center of Section 15 , Township 39 South, Range 1 East of the: Willamette Meridia'n---in7 the City of Ashland,, Jackson. County, Oregon;.- thence East 155.04 feet to the East line. of Walker Avenue;:.thence South 0 015 ' East along said East- line 101. 57 feet to the true, point of beginning;_; thence East ,:320. 0 feet.: _ _ , - to the-East end- 6f-�ihis1 easement: The Grantor warrants that she is the owner of said real property free and clear of 'all. liens and -whatsoever. :: '- The Grantee-shall` have the `right to go on-the.(above. described premises for the purpose of installing storm sewers , and ,drain..tile and,-for' the purpose„of maintaining the' same. IN. WITNESS. hiiiREOF,... the _-Grantor has hereunto set- her hand and seal this ,S'`{ day of t " 1966. ` (SEAL) STATE OF OREGON ) - — ss . County of Jackson ) /tea On this day of 1966, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Alta Alvis, an unmarried woman, who is known to me to be the identical individual described in and who executed the within instrument, and acknowledged to me that she executed the same ; freely. and;voluntarily. IN TESTI140NY WHEREOF, I have hereunto set my hand and affixed my. official seal the day and year last above- written. ; Y CRY �I �" ' Notary Public fo regon �0 M co nission expires . cr8. �' t;j ' R •-i '�� u .. .. 7i i 7 ° l S r-' = 1 f ! :S '� , •± 0 5 r iM� r C i� :CS: a i. • t l > i 6 ? ? _ 1 C� r- •� o nZ i ! b 1` • Y O C` 1 j p.. N G ° 9 � LIE r 1,� �' • f 'r_c. .l:to •-; i oz cz A. ' `• F = t,. •:.=:;5: is �° �. _ ..�. : j p.!•! .O Z .0 E! ^a V O n ^ C: . zit.iree__xx iex eas >J. 3"-[ • - - p , ..•_....,._.. FFWii t� Y f s 'J o W. .. O = '2 •s. _'y..I Fs=----1-2';z;QQ Zt e 6 4 wry� i ' n C rg � n t i rrTT���i....... ..y. -'N �i i •� },' !lL!.jt• 4 'tc.... '.4 .ro;. - r_ :rn: !.���' ::.%- ::f li�L"rift,'' .• _ '-. to �:i o tEiC'ta S�4. x /...t s•�'• '/` .:a::: f_:u.^rte z.-rt _ — "— '?—f:_�::. �.-s >_—_•__...�_ a :^t-`'F:;^�1. F x �.n•i;.. "C'-'_:"i:L,a' :�—. .— :1� `•_t=3o: Cic,6, . i+.• �> :t..:��: p €1.`'t7+:i rc r. '� ��.cc ':%�,• -�-: J - •:.tit •: ::•'a. s- c ' , � s.i:•:e3F�. .. ! 1 � � �., • er;_ is - � ..-: '„:. '.'t_u::..r_.. `{Of 11 n UM 0REGOt� September 4, 1996 �II Dennis Barnts + rom: James H. Olson, Assistant City Engin eer - p511bjgrf: Termination of Easement over Kneebone Property Henry Kneebone has received approval of a paitition of his property at Orchard and Westwood Streets. He intends to create two additional lots which are as shown on the attached plat Lot No. 3 is bisected by a 30-foot wide water line easement which was acquired on July 24, 1915(Volume 109 Page 260,Jacl�on County Deed Records). The easenxnt was granted by Charles Pope and apparently provided fora 4-inch steel water line from _ Strawberry Lana to Ord-aid Strad that was used into the 1950's when the agricultural demand in the area dropped off and the line was abandoned. As we spoke some time ago, you concluded that the easement was not needed"and_could be terminated. The . attached quitclaim-deed will accomplish that once Council approves it_' cc: Susan Wilson Broadus - . .. I_w as m_eJ.l��1w1 t[tt aim.�6+jv.my tv.rn e.• rrw.v..,�.vw�sm '. .. .�— ..'. • ou"( "`DID e'-"I' 2 ' - XNOW ALL MEN BY THESE PRESENTS, hutinelter called grantor, for the consideration hereinafter dated,does hereby remise,release and quitclaim unto_Jn1LLIAH_HENAY__.__._ E.JJL. hereirlalfet ulfed grantee,and unto grantee's heirs,suxeson and essigns allot the grantor's right,title end interest in that cerfain real property with the tenements, heredUamenfs and appurtenances thereunto belonging or in any v - way apperlaining,sifuafed in the County o1__JACXSDB -•,State at Oregon,descrisad as loifow s,fo-wits - THE INTENT'OF- THIS DOCUMENT IS TO RELINQUISH ALL OUR RIGHT, TITLE ANDI "INTEREST. IN THAT EASEMENT AS SET FORTH IN VOLUME 109, Page 260 .' of the Deed Records of Jackson County, Oregon'. this qultcla im is limited to that portion of the above referenced easement lying within ) - c r the boundaries of that property described on attached Exhibit "A". _ - - • I. - - [IF PACE INSUFFICIM7.CON 1NVE DMIZIPTION 04 trWtSE SIDE) - .. - To Hart and to Hold the sane unto the trantee and granfee's heirs,successors and assigns forever. The true and actual Ctm;dtralion paid for this transfer, stated in terms of dollars, is a._soaEf^ t h7 A.!.-r, the fuel consideration wnsists of of includes other property or value liven or promistd which is I rp�aj Ae C0031derefion(indicefe whieh).(D(TF....af.nu the-r-bWITilnsf eyplluble,.Au.ld be d.l.f.d.See ORSS0.0I0.) I In comlm,ng this deed, where the contest so requires, the singular includes the plural and all gramnatical changes shall be made so that this deed shell apply equally fo corporations and to individuals. In Mine Whereof the tranfor has excevfed(his Imtrument this_-_,_day corporate grantoP, it has caused its name to be signed and i!s see/,i!any,Allired by an ollieer or other person duly authorized fhert to by order of ifs board of directors, i TICS N'STAUNIENT fttI=ALLDW USE OF THE PROPEFEY DESCRIBED IN THIS -.-__..-..-_.._._...._.-........._........._..._..............------ __.-_.-._.-_. IA'SfRE SIGNR ORAX XOFMPEKA&FUN DLIEEpfR AND REGU.A�IONi •- REFORE90NDT GORA:FPTIN'GM-(XAROMENITHEPERSDN ACQUIRING FEE ...........................__...._........_.................--..,,_.___,._,-__„-_....,_.---- LPTLA 1HE PRDPENT'S'fyJ D Ok0(W TX TIF AaPRDPRJ,IE OTY D.i q:B.� II PMTS ON DEPARTS A7 RT VERIFY ING OR FD USES R&C TO S AS D FIN 0 IN ..................................._...._...._. LOANS ON W.SJi75 A:UXGF N.NAING OR F0.'LeSf PRL'-fICFS!S DEFIKEO IN """""'-'^••^--^•-••_...._...._.......... OitR 70501 II . '- STATE OF OREGON,County o1................._........................... )zs. 1 This instrument was acknowledged before me'on.............._................_.-___ i I This insfrumenf u•es ecknou•1<dged be/ore me on.................._........-._.......-_ ..,19........, _ by............_..................._..__.-___.._..__.._...._.._.- i1 es_..._..__.. 'I -" ..__....-.-._............_.._......_.._......_..__...-...._......_.._............"................."....-.-........_.........._....... :J-- - - - of-.--..._................................................_........_.........._............................... ................_........ I ........... ........... A'olery Public for Oreten My eommisefon expires................... - - .. .. ............................ i� ... ._...-_........_......................................._...._.._.._.._.. STATE OF OREGON, ) _._..............._....._..._........_......... County ok...._......_...._........__..__..".1 s . . l .__.-_..._....__.__...._........ ............._ I eeildy that the within instrunent was received for record on tAe..........day _.................... ...-`................ ................... .......... of................._.. .. 19........,of . ._-.....-..-__..-....____.._.._....................... ...............:.o'elock.......Id.,and re corded in • e.....:w.,....e au..,, book/reel/volumeA'o...................on page sa.......a..na...,.le._,ue.....IA. ea. en ' uce.ma�.vm� ....................... d/or as!ee/tile/in:Uu- i I _...-__.._..._....___..._..............._......_..__......_.._.._.. menf/microlilm/rerepfion Ave................ `-"•_-"""" Record of Deeds of said County. I� ' cows•...f.•..........t.n,...�.�.........I+.._..uf...... Coe y e1lixeda my hand and reel of --. _.-_.. ............. I i 70132 1 3 EXHIBIT A A tract or parcel of land situated in the north half of Section 8, , Township 39 South, Range 1 East: of the Willamette Base and N,eridian in Jackson County, Oregon and being more fully described as follows: Beginning at a found 2" iron, pipe situated at the accepted quarter corner common to Sections 5 and 8, said Township- and Range; thence South 89°43 '23" East along the section line, common to said sections, 247.24 feet to a 5/8" iron pin situated, at the beginning point of that Boundary Line by Agreement, recorded as Document No. 78-07062 of the Official Records of Jackson County, Oregon; thence leaving said section line, South 00°27 '03" East along said Boundary Line by Agreement, 496. 505 feet to a 5/8" iron pin replacing a found 1" galvanized iron pipe with welded top; thence South 00.41117" East, 833. 705 feet to a 5/8" iron pin replacing a found 3/4" black iron pipe; thence South 89036142" Nest, 255. 775 feet to a 5/8" iron pin being the terminus of said agreement line and being the beginning point of that Boundary Line by Agreement, recorded as Docu: ent No. 78-11551, said Official Records; thence North :', 16'26' 26" Nest along the last recited Boundary Line by Agreement, 547. 11 feet to a 5/8" iron pin; thence North S9'55 ' S5" Nest, 34. 50 feet to a - point in the easterly right of way of 1•1estwood Street, said point bears ' South 89 '55 ' 55" East, 15.00 feet frcn a 5/8" iron pin marking the :terminus of said Boundary Line by Agreement recorded as Document No. ;s'. 78-11551, said Official Records; thence leaving said Boundary Line by .. Agreement, North 00'04 '05" East (deed record North) along the easterly right of way of Westwood Street, 742. 50 feet to an angle point; thence North 45'04105" East along said richt of way (deed record North 45' East) 70. 29 feet to an angle poi;)t; thence ?Forth 00°C4 ' 05" East (deed record North, 17 feet) 16. 30 feet to an intersection with the section line common to Sections 5 and 8, said Township and Range; thence South 89'55 ' 55" East along said section line, 133. 30 feet to the point of beginning. Excepting therefrom that portion lying within Westwood Street. EXCEPTING THEREFROM the following: Beginning at a point 198 feet West of the cuarter corner between Sections 5 and 8 in Township 39 _• South of Range 1 East of the willa^ette Meridian in Jackson County, Oregon; thence South 81 feet; thence North 45° East 91. 5 feet; thence North 17 feet to an intersection with the south line of Section 5; thence West 64 feet to the place of beginning. ALSO EXCEPTING T'r,EREFROM the following : Beginning at the quarter Corner ccmumon to Sections 5 and 8, Township 39 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon; thence along the section lire common to said sections, North 89 055155" West, 133.30 feet (deed record V.1est, . 134 feet) to .the intersection of the westerly right of way line of i'iestwood Street as described in volume 236 page 368 of the Deed Records of Jackson County, Oregon, thence along said right of way lire South, 16. 22 feet (deed record 17 feet); thence South 45° idest, 10. 28 feet, thence leaving said right of iaay South 89 '55 ' 55" East, 164. 28 feet, thence North 00°30 ' 30" %est, 23. 42 feet to the Section line common to Said sections; thence along said line North 89 143123" West, 23. 50 feet to the point or beginning. (Code. 5-01, Account r1-6053-4, Map r391E08BA, Tax Lot r100) VOLUME 109, PAGE 260 . _ 4 , -:-jZAHT Sol-calk .,.... _ . .. ... . _ ...__ s O 7 TJ i a.i _ h ' w o 14 PC lei sit-, Lh n�-w Sao vamy to WAS a i . t v Z ' dI5 i..__ita'?Y 'lI]]s7oo_.;!f, hr.t ^c, eh+ rles do*e ,and Charlotte I. Toile, his .71Ec, 1,0.!: o_° t_:0 city of Jkc,,-.°nd J;ckron county, ::reron, i . _ or :-s,d in ccnaiderrao;7 of tao ern of t;1..:0 -Y and other good and vnluable considere:tion to _aid, tho - 1 71 reeeict of which is hereby acknoaledr_ed, ircirdin,- .:pocial . bere*its which may ;.ccrl:e to us ::rn; to our „rcper:y by hnvin,-; city water ti:ercon, have granted r_nd cedieacol, l: d by those presents do %nt , dedic:.te, SarEain, cell and convey unt --- — of a athe"city , il co•_rorcticn,"iii«.c con co,arGy, - - . ; (heron, an CaC - .4. nd'`•irght- oi', rr:y, Lud hc+ _1C'lt andcC r =rivilep to the s.^_id; City-, _it° oi_io ors age:its,, CI::-.D- m- -.-..a, at till recta .ale ti:ces hercaztor, doinc - s fJ' - - -- l_ittle drmn a to e :r _rrcni - :.n / be, 'co u:•.er L repair, lay, s?, r..ain tin a, -iD line: for ehe.+.:alr+:o^e o;:_c::rryi�. , ='hater at any point or r1a,CC, a). Ong Ur over :T CCrt:an thirty foot r� striii of lnnd ox-tending ;sloes our preaine-, the cen:cr 'line Of V ' :i I i -hich is n_rticnl;•rly deec.ioed ns follora, to-lit: F Be.^.inTin� ?' t t[1C r.::a_ �Cr -ec7:i Cn CCrnCr UCtl-Cviz 8C C'a 0'� - five and eie..*_t in to=n-hip thirty-nine so;:ti7 of m e one csst of the : illametto rioridinn, in t rci r:i], o°ten,;in: 5;:cr_cc scrath ! along or near ti]e cuarter section line Sa said e,ectici7 ei 'a-0 thousand. (2000) Peet. ! I-rovided, ho-ever, and this clr=t is upon the ex-reso understar-dirg. r:d agreernent between the Er,-.;tars rnc. ci;e rra:Cee that rmyauc•h yipc lino as aforevnid sire?.1 be I—id nt ::tier_ ce.l5h in the ,-ionrd a., to in no ray i:]tc•i.erc ::ills Zi:c +r:o_er c;il.iv_- tion of 'he _tre^Iices or r:ith the free uae of z:.ne by the •yran�cr�, - their heirs , c?:ecntors ._dianistraLors- or as 31 t 71a. -nom III { :.I hereby y , I " ,, valve ar:d refir.C,�;llsi: :J:y Cl;:1P.1 Oi i?fv'.!;�(,v':S u� iCas��n 0'� the Jj laying, mzintainin3 o_ re!--aii•i:l•• 0.3 --id �1_e line uy ti,o Oni« city Of k.^:hisu. i -r'Ott o oth f �., , • ,;+1-nd J:.c%ron 1 J � . . cei;aty, vre-on, for ;11d in consider-'ion of the rim of -1.-,"0 end ether good and vnliiable• con3i6 c ction to ; hid, the receipt of shied is hereby ackaocled ed,_ ir•cirdi:g .xpccis2 benefits :rhicn rmy accrue to to :mtl to,our.prcperty by hnvinY city rater thereon, ;+_eve -rsmted e_•,d r.edicn ed . C;-.d by t;:crc presents do p,:nt , dedic::fe, bargain, se11 encl ccaycy unto the city of Ashland , a 7_inieil•nl co,,-.- or$tion,- in Jnckcon c0:i;lty, Cregon, in ea omen:: ::::d right of -r:y, and z;;:c _i�ht :a:ci is _'rivilege. to the snid city, its ei iccrs, ::rcr•ts, e:::a'_o;;cco s ld eszigms, at all ren enable t_ses ;:erea2tc-r, doinC as little der_nge to cilr. rrcmices oC :.:^.� CC,' to v :':er rvoon, c0;1Ct'i:Ct, repait, lay and ne.intnin a pipeline for hc. onrl:ose of c;:•_ryir,. rater at any point, or. ,:]ace, along cr'.over. a.cortnin ,thirty _foot strip of Innd e?tendini across o::r preai-cc, t_;:eceatcr lire of shish is pmrcicutInrly described c follows, to-:fit: .. 3cginninl ° c•eetion ucrrcr_I.Ct'._•Cen ^c'3 i0nC five and eight in to-n:•hin thirty-nine Sol::'-h o'; 1•n-4'a one c::3t of the 77111 anrbta seridi&u, in :rrc:. ertonGin- g one^ smith along or near tae c-arter section ii:e in E.aid. :,:ctica e+=:^< .-o or.send (?.0001 _`ceY. Provided, ho-ever, and 11-is �r""it is unoa'thc er esc unc'erstaiilin. c�'ll agr eement. betL'ecn Vie grantoys twat anysuch pioc li::o as a_orec;.id -!;all be 1-id ac .; ch ur,t;1 i is ttc Sroond to in no ;ay i:_ier�err. rA•iA_icc._,ro_er c:il:ivs- fion of the rrerases or rav-h the free use Of zumc.by the their heirs, r-,vecuto-'Z , or iC3;C'n_. 1--?d ::o also hereby c;sive ar:d relirg:us;: any c'•:a7 _^ot dc,,I;.- b; layin E, !"alntRlnirl 0'^ ropail'in', of nnid pine line by ,,;,c Saki Y /.^• city of hl:^d. i _ j I I i i . 10 H en co with their p- C'• 3' CCo L`M_.O �s,� City of r chI nu o 7 SC VE.1c_.1_0 - :• cd end occnricd a nfo�e mid. - - � _ M- G.+± .0 heVe! orc-n luo sC$` oar na seals this dcy of Jitll; 1915: J - ,; of - . ' Con y oP=Jac}_so'n - On t'cis the �d,.y of-.-.s.ly, s :. tefo=e :re• a 3;cte._y t'.ic in ta? _' r a^id co::r.21 •.;xi _a c.=e, _ it II^_^.c--i a rtes ogee^rd .:lattC i. C ;:13 to _p .*e i..c:rtic^.1 c:ZM5 c- descUec 'ia sd' -^o esec :ec t=p :' :egoi;� is-n:.^_en' °^°d �- .r?m ec:_,-,c,Icdtpd to me th%t .hey executefi "he" cne; irecly . . ,.nel i�ol; ntcrily 1'or tix usco Lld" 1'ilYj.O�CS tl:E cin nn•_ce , :.::d -_ a^Out '=enr or comn!ulsiCn fron tonymle. .T:y .:r:ad' �_nd: r0:fria seal -this, t ho dsy j'C53 o ". . lti OL • 0�` Or l. f:ry.sll O._1L : . �� _ . � _. -. '. __ _ :_� ^or+ t: i ,n ••,sires JSrraryil , .9G. _. I ORDINANCE NO. AN ORDINANCE AMENDING THE MEMBERSHIP, POWERS, AND DUTIES OF THE CABLE ACCESS COMMISSION THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 2.21.010 of the Ashland Municipal Code is amended to read: 2 21 010 Definitions. The following words and phrases whenever used in this chapter shall be construed as defined in this section unless from the context a different meaning is intended. A. "Access" or "public access" means that government access channel or channels provided to the City of Ashland by the Cable Company in accordance with Section 26 of Ordinance No. 2258 or the Cable Television Consumer Protection and Competition Act of 1992. B. "Commission" means the Ashland Cable Access Commission created by and with authority as delineated by this ordinance. C. "RVTV" means Rogue Valley Community Television as administered by the Extended Campus Program of Southern Oregon State College. SECTION 2. Section 2.21.020 of the Ashland Municipal Code is amended to read: 2 21 020 Commission Established Membership. A. The Ashland Cable Access Commission is created and shall consist of five members appointed by the Mayor and confirmed by the Council. B. The Commission shall also consist of the following ex-officio, non- voting members: the City of Ashland Administrator or designee and a representative of the Southern Oregon State College RVTV staff. SECTION 3. Section 2.21.030 of the Ashland Municipal Code is amended to read: 2.21.030 Terms--Vacancies. When the first members of the Commission are appointed by the Mayor under Section 2.21.020, two shall be appointed for a term to expire July 1997, two shall be appointed for a term to expire July 1998, and one shall be appointed for a term to expire July 1999. The successors to these positions shall serve terms of three years. Vacancies shall be filled as promptly as possible. Any Commissioner who is absent for two consecutive meetings or four meetings in a one-year period without being excused, shall be considered no longer active and the position vacant. PAGE 1-CABLE ACCESS COMMISSION ORDINANCE (,:«d\.W>2.wd) SECTION 4. Section 2.21.050 of the Ashland Municipal Code is deleted. SECTION 5. Section 2.21.060 of the Ashland Municipal Code is amended to read: 2.21.060 Powers and Duties—Generally. The Commission shall: A. Review, adopt and recommend for.City Council approval appropriate guidelines, policies and procedures for public access services through RVTV including use of access facilities. The policies and procedures shall include a dispute resolution process for the public to resolve disputes regarding public access. The Commission shall monitor and assist in, where appropriate, the implementation of these guidelines, policies and procedures. B. Monitor, evaluate and make recommendations to the City Council regarding the effectiveness of agreements between the city and Southern Oregon State College or others involving public access programming, equipment and facilities. C. The Commission shall have the further responsibility to assess whether the public's need for community access programming is being satisfied and to develop long-range plans, strategies, and recommendations for improved community access as it deems necessary. D. The Commission shall have the authority to search out grant funds and other sources of revenue for public access, to foster new . program development, and to seek additional participants. The foregoing ordinance was first READ on the 17th day of September , 1996, and duly PASSED and ADOPTED this 1st day of October , 1996. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 1996. Catherine M. Golden, Mayor Approved as to form: Paul Nolte, City Attorney PAGE 2-CABLE ACCESS COMMISSION ORDINANCE (v:ar A..b10-2.ord) ORDINANCE NO. AN ORDINANCE ESTABLISHING A PESTICIDE POLICY FOR DEPARTMENTS AND DIVISIONS OF THE CITY OF ASHLAND THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The following chapter 9.28 is added to the Ashland Municipal Code: Chapter 9.28 PESTICIDE POLICY t Sections: 9.28.010 Policy Adoption. 9.28.020 Purpose. 9.28.030 Use of Pesticides. 9.28.040 Application of Pesticides. re q ui rt iy4c of 9.28.050 Training and Authorization. -K ice" 9.28.060 Purchases of Pesticides. offi 9.28.070 Storage of Pesticides. 9.28.080 Annual Review. 1� 6q n,,-- 9.28.090 Violation of Policy. As 1CPt J4��,„"e- 9.28.010 Policy Adoption. The pesticide policy set forth in this chapter is adopted for all departments and divisions of the City of Ashland. This policy does not apply to the ��' Ashland Parks and Recreation Department which is administered by the Ashland Parks Q and Recreation Commission. The Ashland Parks and Recreation Department has a similar policy in place. 9.28.020 Purpose. This policy is designed to reduce the risk of illness or injury resulting from city employee and citizen exposure to pesticides used in the course of performing city operations and also from the accidental exposure of employees and other persons to such pesticides. The policy requires city workplace practices designed to reduce p(eliminate the use ofexposureesticides. " 9.28.030 Use of Pesticides. Use of pesticides, including but not limited to herbicides, insecticides and growth retardants, shall be eliminated by the city except as provided in this chapter. A. Mechanical and cultural methods shall be utilized whenever practical for control of noxious vegetation and pests. Practicality shall be determined by an Oregon Certified Pesticide Applicator and the respective Department Head or the Department Head's designee. Worker safety and terrain shall be among the factors considered in this judgement. PAGE 1-ORDINANCE (p:ordlhwbcide.urd)ISnptambx 27, 1989) B. When mechanical and cultural methods are of practi ly the safest, lowest toxicity products available shall be used. No "res i ed use" pesticides shall be used. C. Primarily, species which do not require high inputs of herbicide shall be used in landscaping. D. City staff shall monitor noxious vegetation and pest populations and rely on biological control when appropriate and effective. 9.28.040 Application of Pesticides. All pesticides shall be applied by, or under the supervision of, an Oregon Certified Pesticide Applicator. The Certified Applicator shall be responsible for overseeing and authorizing all pesticide use by city staff. J(o`�1% A. If pesticides with active ingredients having a greater acute toxicity than table salt (LD 50 = 2,500) are applied, the area of application shall be posted in advance and for the duration of the re-entry time specified on the pesticide label or MSDS sheet. 1 For those application areas within fifty feet of the property line of a residence, written notice shall be given to such residence by mail or personally delivered. B. Effort shall be made to determine the LD 50 of inert ingredients prior to application of a pesticide. If pesticides with inert ingredients having a greater acute toxicity than table salt (LD 50 = 2,500) are applied, the area of application shall be posted in I advance and for the duration of the re-entry time specified on the pesticide label or j MSDS sheet. For those application areas within fifty feet of the property line of a residence, written notice shall be given to such residence by mail or personally delivered. C. Consideration shall be given to the possible short and long-term adverse impacts of the application upon humans, animals and plants of the proposed pesticide and of any chemical alternatives. OO D. Different pesticides shall not be mixed. J� E. No application shall be made when wind, rain, temperature or other environmental conditions would likely cause the pesticide to drift off target or onto adjoining property. 9.28.050 Training and Authorization. A. No city employee shall use or apply any pesticide without prior training. 1 ra.L K" n��ecfiut n�c k��©dS Lu c B. No city employee shall use or apply any pesticide mechanically or by hand without approval of the employee's Department Head or the Department Head's designee and event specific authorization from a Certified Applicator. 9.28.060 Purchase of Pesticides. Pesticides shall only be purchased by the City Purchasing Agent after consultation with a Certified Applicator and the approval of the respective Department Head or the Department Head's designee. PAGE 2-ORDINANCE (p:urd\herbcfde.urd)lseptember 27. 19961 .y v 9 28 070 Storage of Pesticides. All pesticides shall be stored in a safe, secure environment. The Purchasing Agent, Certified Applicators and Department Heads shall have exclusive access to the storage area. a 28 080 Annual Review. An annual review of policies and procedures regarding the use and application of pesticides shall be conducted at the Department Head level. Attendance at the review is mandatory for all city personnel who apply pesticides. 9 28 090 Violation of Policy. Violation of any of any portion of this policy shall be grounds for disciplinary action. The foregoing ordinance was first READ on the day of , 1996, and duly PASSED and ADOPTED this day of , 1996. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 1996. Catherine M. Golden, Mayor Approved as to form: Paul Nolte, City Attorney PAGE 3-ORDINANCE (p:ordlhwbdde.urd)(Seplemhx 27. 1996) RESOLUTION NO. 96- A RESOLUTION ADOPTING A CITY OF ASHLAND TELECOMMUNICATIONS POLICY. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The attached document entitled "City of Ashland Telecommunications Policy" is adopted as the city's policy regarding telecommunications. The foregoing resolution was READ and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland on the day of October, 1996. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 11996. Catherine M. Golden, Mayor Reviewed AAaslIto form: N� Paul Nolte, City Attorney PAGE 1-TELECOMMUNICATIONS POLICY AND RESOLUTION ip:o dtelecomm.ree) CITY OF ASHLAND TELECOMMUNICATIONS POLICY Technological and regulatory change in the telecommunications industry presents the residents and businesses of Ashland many new opportunities. The City of Ashland is committed to ensuring that everyone in our community has equal access to these new options. Ashland encourages a competitive telecommunications marketplace that respects the needs of individual residents, businesses and the community as a whole. The city is also committed to using telecommunications technologies to the fullest extent possible to assist in the delivery of municipal services. The City of Ashland shall implement this policy through its multiple roles as: ♦ a regulator ♦ a facilitator ♦ a service provider The City as a Regulator 1. Develop a "level playing field" for all telecommunications companies by assessing equitable taxes and fees on service providers in Ashland and/or companies that wish to use city rights-of-way. 2. Protect the city's rights-of-way by requiring telecommunications companies to respect the integrity of city infrastructure. 3. Promote universal access to telecommunications services for all Ashland residents without regard to economic, social, or language barriers. 4. Ensure that Ashland city ordinances, permits, and procedures enable telecommunication technology advances while protecting the quality of life in our communities. 5. Ensure that Ashland's cable television infrastructure is consistently state-of-the- art and provides residents and businesses with competitive costs and service options. The City as a Facilitator 1. Encourage competition among all telecommunications companies to offer our businesses and residents a state-of-the-art telecommunications infrastructure that provides the widest variety of services at the lowest available costs. 2. Educate residents and businesses about technological and regulatory changes in the telecommunications industry and encourage a dialogue in the community of how to best use these services throughout Ashland in a coordinated, integrated manner. PAGE 2-TELECOMMUNICATIONS POLICY AND RESOLUTION Ip:wdltalacoo .m) 3. Encourage the location and retention of businesses in Ashland by marketing the benefits of advanced telecommunications services to achieve greater economic competitiveness. 4. Encourage the development of additional telecommunications networks in Ashland to ensure that services from these networks are available to all residents and businesses. 5. Take an active role in state and federal telecommunications legislation and regulation to protect the rights of local government as well as the privacy and security of our residents using telecommunications services. The City as a Service Provider 1. Maximize utilization of telecommunications technology to provide public information and services to our community. 2. Continue to modernize the city's telecommunications infrastructure to improve the efficiency and effectiveness of city operations. 3. Evaluate potential application of telecommunications technologies in new or expanded ways. 4. Purchase telecommunications services for the city that provide quality services at competitive rates. PAGE 3-TELECOMMUNICATIONS POLICY AND RESOLUTION RESOLUTION NO. 96 - A RESOLUTION SETTING A PUBLIC HEARING FOR ASSESSMENTS TO BE CHARGED AGAINST LOTS WITHIN THE OAK STREET LOCAL IMPROVEMENT DISTRICT NO. 70 THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The Council having received proposed assessments to be charged against each lot within the Oak Street Local Improvement District orders that a public hearing be held to consider written objections to these assessments at 7:00 p.m., November 5, 1996, in the City of Ashland Council Chambers. The City Recorder is directed to mail the attached notice of the proposed assessments to the owners of the lots to be assessed. This Resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this day of 1996. Barbara C..Chhstensen, City Recorder SIGNED and APPROVED this day of 1996. Catherine M. Golden, Mayor Reviewed as to form: Paul Nolte, City Attorney PAGE I c:mxako.t.tF�� NOTICE OF PUBLIC HEARING TO HEAR OBJECTIONS TO PROPOSED ASSESSMENTS TO BE CHARGED AGAINST LOTS WITHIN THE OAK STREET LOCAL IMPROVEMENT DISTRICT NO. 70 Please take notice that the Ashland City Council will hold a public hearing to consider written objections to the proposed assessments for the assessment district described above. The proposed assessments, a description (by map and tax lot) of the property to be assessed and the name of the property owner are attached to this notice. The public hearing will be held at: 7:00 p.m., November 5, 1996 Council Chamber 1175 East Main Street ASHLAND OR 97520 The Ashland Municipal Code requires that any objections that are filed must be in writing and.must state the specific grounds for the objection. Objections must be received by: 5:00 p.m., October 21, 1996, and may be delivered or mailed to the: City Administrator Ashland City Hall 20 East Main Street ASHLAND OR 97520 Please note that assessments may be modified by the Council and will be levied by the Council after the hearing, will be charged against the property, and will be immediately payable in full or in installments (if applicable) following the levy. Barbara M. Christensen, City Recorder PAGE 8 8 N W cn H H H w O O O O O O O ..� H H H H H H H p p p b 00 g ch 0000 a w h '" C N U v O ti c O cc V V� rQn d V NG 3C V t r , U M V C7 ^ ❑❑3 o a 1�1 A ON U O b O ab0 IA V1 O ~ o a W a Y A C` [ T 'L C1 O` i 1c4 �q � cx 5 0. A va w' ° x ❑ � a V a h Go x ❑ r0 ; � o x � o 1 � 0 3 80 0 lb 0 QCC O a3 Z .^� N Q v z C .�G r� y�G Q z � a chi � Ua W - ¢ '3a N Ada Aa C � a rE� 3 0r- 80gvxi � 0N0vxi c ° Vx ^ Ovxi o ° vx 0 vv) .~cn o Ca avNa aw < a a a x a v» a c 8 8 8 8 8 m e - o a aw z C. rn rn rn rn rn al C M M M M M M M `±:.••�♦1y.••�1'•x••••1•••1••••••1•` '�•°�••�Q�•4Qpp0�°00.4• r i fir • • �1••°•.•1•••.•%+1��•.•1•i 1:•1 Off•. . . 1 • • or • • • t•i. h i••q•i�•00� OQ••1.O • o ' w'�a�a +�a � s• w � ••►•+•,i�•ice' '4 a 0• 1 N 1 r7 1 < 1 to 1 tD co t 1l It t IIttll:l[l,,ii,llts tlltffllilxt,i t , l : t l tr t to t t t i t t i t:I, IL t t : ,tt P'•FFF9 Itr r I r 55"Mrs r tt tt [ [ c t[ c I ii�i��l illf frill 1111f1l itl iilllliiiiii�IliilifElE��F{lli� iilliiiiii E.E .. , t„ m alt, ,I t t, t a t t c I t I i t t i t ,t r t t t t t, t e c — , iill[I[r[ i€ il ! {I€ i11i llll=€��€�►1�i�€ € ii �;iiii �, t a i t 1 1 s I I r t I t: 1 , ::t t t t, , , t e t t , ,t o t il�iif€►iilii( Ifl€iil � li€ € iii € { I€tiiiill / � 1 I , t:, : I I I a t t t t : :t l a t C5 t, CD t , I t : t t (Q .mot ❑� _ ; Z p X01 ��. !(! t ! fill iIli il € iii / W � S `a- I W (' � ^�•���i�p[jl''3 € I � ([i[i(; I2;[f1[![ F � uy i ' IitEi } iltli � € [ { P t. Lj��%3�`f/I, ( , /rp i j { i 1 t , _ Isij: lt: ( 7 � o . Q r........... of A.Ssj, EIQm aranAum , #EGOa.•'�, September 27, 1996 Honorable Mayor Catherine Golden & City Councilors rum. Wilson groadus, P.E., Director of Public Works/City Engineer ' (zq 1I�Ijptf: Resolution to Set Public Hearing on Final Assessment for Oak Street Local Improvement District No. 70 General Information: The Oak Street L.I.D. has now been completed and is submitted for closeout through a final assessment hearing. The improvements constructed under this district include: ► Undergrounding of overhead utility lines on Oak Street between Uthia Way and 'A' Street, Pioneer Street and 'B' Street. ► Installation of "historic' street lights on portions of Oak Street and 'B' Street. ► Installation of street trees. ► Installation of a dual irrigation system to provide water to the street trees_ as well as to irrigate future hanging planters on the street lights. _ The assessment district is comprised of seven (7) lots fronting on Oak Street between Lithia Way and 'A' Street. The District, as authorized under Resolution No. 94-14 (attached), established assessment on a front footage basis. The lots between Lithia Way and 'B' Street have single frontage (on Oak Street) while the lots in the Armory block have multiple frontages (Oak Street, 'B' Street and Pioneer Street). The advertised assessment rate was $100.00 per frontage foot. The final completed rate is $110.00 per frontage foot. The final rate is ten percent 00%) over the advertised rate. The Resolution to set a public hearing is attached. Recommendation: It is recommended that the City Council approve the attached Resolution setting a public hearing date for the final assessment on Local Improvement District No. 70. It is suggested that the hearing date be set for November 5, 1996. cc: Brian Almquist Jill Turner Barbara Christensen Paul Nolte James Olson k:vu.p'urrviab�NS.meml RESOLUTION NO. 94-. A RESOLUTION AUTHORIZING AND ORDERING THE LOCAL IMPROVEMENTS FOR UTILITY UNDERGROUNDING, STREET TREES AND STREET LIGHTING FOR THE OAK STREET LOCAL IMPROVEMENT DISTRICT AND AUTHORIZING THE ASSESSMENT OF THE COST OF THE IMPROVEMENTS AGAINST PROPERTY TO BE BENEFITED AND PROVIDING THAT WARRANTS ISSUED FQR THE COST OF THE IMPROVEMENT BE GENERAL OBLIGATIONS OF THE CITY 00 ASHLAND. RECITALS: A The Council has declared by resolution its intention to develop the improvements described in the above title and the improvement resolution previously adopted and to assess upon each lot or part of lot benefited by the improvement its proportional share of the cost of the improvement as provided by the Charter of the City of Ashland; and B.. Notice of such intention has been duty given and published as provided by the charter and ordinahces of the C'ry of Ashland, a public hearing was held and it appears to the Council that such Improvements are of material benefit to the City and all property to be assessed will be benefted to the extent of the probable amount of the respective assessments to be levied for the costs; THE CITY COUNCIL OF THE CITY OF ASHLAND RESOLVES: SECTION 1. The council intends to make local improvements to provide the improvements described in the above title. Such improvements will be in accordance with costs estimated to be 5743,056 all of which will be paid by special assessments on bene iced properties. Costs will be allocated on the basis of front footage of each tax lot on the affected streets. Those tax lots will be assessed as specified on the attached Exhibit A SECTION 2. A local improvement district is created and shall consist of all the tax lots described in the attached Exhibit A The district shall be called the Oak Street Local Improvement District. This resolution was read by We only in accordance with Ashland Municipal Code §2.04.090 and duly PASSED and ADOPTED this /S>h day of 1994. Nan E. Franklin, City Recorder SIGNED and APPROVED this day of 1994. Catherine M. Golden, Mayor A roved as to form: P ul Nolte, City Attorney PAGE 1-FORMATION RESOLUTION � :e,ry•t«tsez:q ate:••. Vii;;.•;;;;:::';'.+•,p,•:+4 • ice• •••.•�•••;••a�•,;••:•�+•i••. �•••,�,•w -,• •.,4•pb • •• 7Y•1��•1.1 �1••••4• . • •• • ..• 2y RESOLUTION NO. 96 - A RESOLUTION SETTING A PUBLIC HEARING FOR ASSESSMENTS TO BE CHARGED AGAINST LOTS WITHIN THE OAK STREET LOCAL IMPROVEMENT DISTRICT NO. 70 THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The Council having received proposed assessments to be charged against each lot within the Oak Street Local Improvement District orders that a public hearing be held to consider written objections to these assessments at 7:00 p.m., November 5, 1996, in the City of Ashland Council Chambers. The City Recorder is directed to mail the attached notice of the proposed assessments to the owners of the lots to be assessed. This Resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this day of 1996. Barbara C. Christensen, City Recorder SIGNED and APPROVED this day of 11996. Catherine M. Golden, Mayor Reviewed as to form: Paul Nolte, City Attorney PAGE 1-(c:.c6=l v. .trt.F o NOTICE OF PUBLIC HEARING TO CONSIDER OBJECTIONS TO PROPOSED ASSESSMENTS TO BE CHARGED AGAINST LOTS WITHIN THE OAK STREET LOCAL IMPROVEMENT DISTRICT NO. 70 Please take notice that the Ashland City Council will hold a public hearing to consider written objections to the proposed assessments for the assessment district described above. The proposed assessments, a description (by map and tax lot) of the property to be assessed and the names of the property owners are attached to this notice. The public hearing will be held at: 7:00 p.m., November 5, 1996 Council Chamber 1175 East Main Street ASHLAND OR 97520 The Ashland Municipal Code requires that any objections filed must be in writing and must state the specific grounds for objection. Objections must be received by: 5:00 p.m., October 21, 1996, and may be delivered or mailed to the: City Administrator Ashland City Hall 20 East Main Street ASHLAND OR 97520 Please note that assessments may be modified by the Council and will be levied by the Council after the hearing, will be charged against the properties, and will be immediately payable in full or in installments (f applicable) following the levy. Barbara M. Christensen, City Recorder PAGE 2-(c=&�Frm) vi M oo q N N en K 4% H bhp y oo K 4s 49 H y C 49 (A Vi Vi 69 to 64 00 q g g s v v a a 8 M 000 0 0000 W) N '4 i O c°v U r0 a U V h c c � % � ' �� A C d uF u d ,J° F 1 H ° c o b o '� v h � e � o •52 m w ° d 33 25 �3 v a3 9 00 75 0 A Lt^i�yi � aG h 0 0 0 Cl a V N l O N A r N N tn N a d d ro K °�° o o x � o 4 t0 w ooGa w � " qq �' > A Alyq hbgA v z oq yz - dz � 4' z � z y � � a � � a a as ;, � a a � '� a ox � Ep � vaxi � � xox uqx pox > rnx F or Oad dUgd .�� o00oa a � a � Q a°� � d v, GQ F tl s s s s a N N tl yT o m adi aw m aP°a °m a�i c � a w w w w w M M M o a M M M M M I . LEASE Date: Lessor: City of Ashland, Oregon ("Lessor") Lessee: Community Works, an Oregon non-profit corporation ("Lessee") Lessor leases to Lessee, and Lessee leases from Lessor, the real property (the ..premises") described on the attached Exhibit A. The premises are leased for a term (the "Term") of 25 years (subject to an option to extend for three terms of five years each as set forth in section 18), commencing on the date of this lease. Lessor and Lessee agree as follows: 1. Project Conditions. 1.1. Lessee intends to construct a building (the "Building") and related improvements on, under, and over the premises. The Building and all the related improvements are referred to in this lease as the "Project." The Project and any future alterations, additions, replacements, or modifications to the Project during the Term of this lease are referred to in this lease as the "Improvements." This lease shall be conditioned on Lessee obtaining all necessary governmental approvals, consultants reports, financing commitments, final plans and specifications, design and construction. contracts, and any other approvals, loan and lease commitments, or contracts reasonably determined to be necessary by the Lessor and the Lessee. 1.2. The foregoing condition shall be for the benefit of both parties and must be satisfied or waived by both the parties on or before 5:00 p.m. on June 30, 1997, or this lease shall terminate and be of no further force and effect. In such event neither party shall have any further liability under this lease except for liability accrued before the date of termination. 1.3. Lessor shall cooperate with Lessee in all respects in connection with satisfying the condition. Lessor shall execute such applications and other instruments reasonably necessary to satisfying the condition, provided that Lessor shall not be required to pay any application fees or incur any other costs or liability in connection with satisfying the condition. 2.'Construction of the Project. Lessee shall construct the Project in accordance with the final plans and specifications approved by Lessor, which approval shall not be unreasonably withheld or delayed. Lessor's approval will be based solely on its desire to have the premises resemble and be compatible with the architecture and colors of the existing improvements of the Civic Center Campus. Excavation for the foundation of the Building shall commence no later than 60 days after the satisfaction or waiver of PAGE 1-LEASE iP:r..1\.. n ,ks.1s311S.Ptemb., n. 19961 the condition to this lease stated in section 1.2. Lessee shall, subject to acts of God, strikes, or any other reason beyond the reasonable control of Lessee, diligently prosecute the work to completion of the: 2.1. Exterior walls, roof, doors and windows including painting of the exterior walls of the Building and installation of water, sewage, gas and electrical services to the Building, and 2.2. Interior floor coverings and electrical, plumbing and heating systems in the Building. by no later than required under HUD regulations. The work shall be performed in accordance with all Legal Requirements and in a good and professional manner. The term "Legal Requirements" includes all present and future laws, ordinances, orders, rules, regulations, and requirements of all federal, state, and municipal governments, departments, commissions, boards, and officers, foreseen or unforeseen, ordinary as well as extraordinary. Lessor, as a municipal government, shall not adopt any special Legal Requirements, that would attempt to modify this lease or otherwise limit or monitor Lessee's use and quiet enjoyment of the premises. Nothing is this paragraph, however, shall be interpreted to limit the municipal powers of the city or to limit the city council or future city councils to adopt general legislation in good faith that may incidentally affect this lease or Lessee's use or quiet enjoyment. Lessor-shall have the right to inspect the work at reasonable intervals subject to the supervision of Lessee and in a manner that will minimize any interference with the work. 3. Minimum Rent. 3.1. No rent shall be payable with respect to the premises. 3.2. Lessee shall pay without notice, except as may be provided in this lease, and without abatement, deduction, or setoff, all sums, impositions, costs, and other payments which Lessee in any of the provisions of this lease assumes or agrees to pay. 4. Purposes. 4.1. Lessee shall use and occupy the premises continuously during the Term for public services relating to a youth and family resource and community center serving a population comprised of least 51% who have low or moderate incomes as defined by the U.S. Department of Housing and Urban Development. The premises may not be used for any other purpose or be the subject of a change in concept, except those uses or purposes permitted under CDBG requirements, without the written consent of Lessor, which consent shall not be unreasonably withheld. Lessor shall have the right to approve any signs or displays Lessee may desire to erect on or about the premises that are visible from the exterior of the Building, in order to ensure that Lessor may control the quality and character of the presentation displayed by Lessee. PAGE 2-LEASE 1p:reencon,nwrks.is3useptember 27, 19961 r 4.2. Lessee shall encourage and may permit any civic groups or governmental agencies temporary use of portions of the premises when such use would not interfere with use by Lessee. Lessee may charge fees for such use to cover its costs. 4.3. Lessee shall not use or occupy, or permit or suffer all or any part of the premises or the Improvements to be used or occupied (1) for any unlawful or illegal business, use, or purpose, (2) in any such manner to constitute a nuisance of any kind, or (3) for any purpose or in any way in violation of the certificate of occupancy, or of any Legal Requirements, including but not limited to Legal Requirements respecting Hazardous Substances. The term Hazardous Substance means any hazardous, toxic, or dangerous substance, waste, or material that is the subject of environmental protection Legal Requirements, including but not limited to the items listed in the United States Department of Transportation Hazardous Materials Table (49 CFR §172.101) or designated as hazardous substances by the United States Environmental Protection Agency (40 CFR pt 302). Lessee acknowledges that the term Legal Requirements includes but is not limited to all environmental protection laws such as the Comprehensive Environmental Response, Compensation and Liability Act (42 USC §6901 et seq.), the Federal Water Pollution Control Act (33 USC §6901 et seq.), the Federal Water Pollution Control Act (33 USC §1257 et seq.), and the Clean Air Act (42 USC §2001 et seq.). 4.4. Lessee shall observe and comply with all conditions and requirements necessary to preserve and extend any and all rights, licenses, permits (including but not limited to zoning variances, special exceptions, and nonconforming uses), privileges, franchises, and concessions that now apply to the premises or that have been granted to or contracted for by Lessor or Lessee in connection with any existing or presently contemplated use of the premises or the Improvements. 5. Liens. 5.1. Lessee shall have no power to do any act or to make any contract that may create or be the foundation for any lien, mortgage, or other encumbrance on the reversion or other estate of Lessor or on any interest of Lessor in the premises. 5.2. Lessee shall not suffer or permit any liens to attach to the interest of Lessee in all or any part the premises by reason of any work, labor, services, or materials done for, or supplied to, or claimed to have been done for or supplied to, Lessee or anyone occupying or holding an interest in all or any part of the Improvements on the premises through or under Lessee. Except as provided in the next sentence, if any such lien shall at any time be filed against the premises, Lessee shall cause the same to be discharged of record within 60 days after the date of filing the same, by either payment, deposit, or bond. Lessee shall have the right, after prior written notice to Lessor, to contest by appropriate legal proceedings, diligently conducted in good faith, in the name of Lessee or Lessor or both, without cost or expense to Lessor, the validity or application of any lien. 5.3. Nothing in this lease shall be deemed to be, or be construed in any way as PAGE 3-LEASE (p:ree1\comnwrks.Is3)1Sep[ember 27. 19961 constituting, the consent or request of Lessor, express or implied, by inference or otherwise, to any person, firm, or corporation for the performance of any labor or the furnishing of any materials for any construction, rebuilding, alteration, or repair of or to the premises or to the Improvements, or as giving Lessee any right, power, or authority to contract for or permit the rendering of any services or the furnishing of any materials that might in any way give rise to the right to file any lien against Lessor's interest in the premises or against Lessor's interest, if any, in the Improvements. Lessee is not intended to be an agent of Lessor for the construction of Improvements on the premises. Lessor shall have the right to post and keep posted at all reasonable times on the premises and on the Improvements any notices that Lessor shall be required to post for the protection of Lessor and of the premises and of the Improvements from any such lien. The foregoing shall not be construed to diminish or vitiate any rights of Lessee in this lease to construct, alter, or add to the Improvements. 6. Taxes and Other Charges. 6.1. Lessee shall pay all real and personal property taxes assessed against the premises, such payments to be made no later than November 15 of the year in which the taxes become due and payable, and will submit a copy of the receipt for the taxes to the City's Director of Finance. 6.2. Lessee shall promptly pay any charges for electricity and all other charges for utilities which may be furnished to the premises at Lessee's order or consent. Lessee shall install such utilities as may be required for the use to be made of the premises. 7. Insurance. 7.1. Lessee, at Lessee's sole cost and expense, shall maintain, for the mutual benefit of Lessee, and Lessor, casualty insurance covering loss or damage by fire, and other risks as may be embraced within all-risk insurance insuring the full replacement cost (excluding foundation and excavation cost) of the Improvements. If all-risk insurance becomes unavailable, then Lessee shall insure the Improvements with such coverage as is customary from time to time for comparable buildings in the City of Ashland. The amount of such insurance policy shall be increased from time to time as the full replacement cost of the Improvements increases. In the event of any casualty damage to the Improvements, Lessor may make proof of loss if Lessee fails to do so within 15 days of the casualty and after 10 days' written notice from Lessor of its intent to do so. If the insurance proceeds (the "Proceeds") of any insurance on the Improvements equal more than 10% of the replacement cost of the Improvements, then all Proceeds shall be paid to the First leasehold Mortgagee, if any, and if none then to a bank trust department (the "Trustee") as trustee for the parties. The Trustee shall be selected by Lessee and approved by Lessor, which approval shall not be unreasonably withheld or delayed. If the Proceeds are less than such amount, then the Proceeds shall be delivered to PAGE 4-LEASE (p:,eencon,nwds.Is31(Septe,»ber 27. 19961 Lessee. Unless the casualty occurs within five years of the Expiration Date of this lease, Lessee shall promptly repair or replace the damaged and destroyed Improvements in substantially the form on the date of the casualty or in a manner reasonably satisfactory to Lessor. At Lessee's option, the Trustee shall pay or reimburse Lessee from the Proceeds for the cost of repair, restoration, or replacement on satisfactory proof of expenditure by Lessee, satisfactory evidence of sufficient progress on the work, and satisfactory evidence of sufficient funds available to complete restoration. The Trustee shall not be liable to the parties except in the event of gross negligence or fraud. The Trustee shall be entitled to deduct a customary and reasonable charge for its services. 7.2. Lessee, at its expense, shall maintain at all times during the Term of this lease public liability insurance in respect of the premises and the conduct or operation of its business, with Lessor as additional insured, with $500,000 minimum combined single-limit coverage, or its equivalent. All casualty insurance policies shall include contractual liability, severability of interest, and cross-liability endorsements. When Lessee conducts demolition or excavation work, the exclusions now customarily referred to as the X. and U exclusions shall be deleted from Lessee's liability insurance. Lessee shall deliver to Lessor and any additional named insured such fully paid-for policies or certificates of insurance, in a form satisfactory to Lessor, issued by the insurance company or its authorized agent, at least 10 days before the Commencement Date. Lessee shall procure and pay for renewals of such insurance from time to time before the expiration, and Lessee shall deliver to Lessor and any additional named insured such renewal policy or certificate at least 30 days before the expiration of any existing policy. All insurance policies shall contain provisions whereby (1) losses shall be payable despite the negligence of any person having an insurable interest in the Improvements; (2) the Proceeds will be paid in accordance with the terms of this lease; and (3) the policies cannot be cancelled or modified unless Lessor and any additional named insured are given at least 20 days' prior written notice of such cancellation or modification. 7.3. All insurance policies shall be written as primary policies and shall not be contributing with or be in excess of the coverage that either Lessor or Lessee may carry. All such insurance policies shall be issued in the name of Lessee, being included in the insurance policy definition of who is an additional insured and shall be primary to any insurance available to Lessor. 7.4. All policies of insurance shall be issued by good, responsible companies, reasonably acceptable to Lessor and that are qualified to do business in the State of Oregon. Certificates shall be delivered to Lessor within 30 days after the Building is completed and thereafter within 30 days before the expiration of the term of each such policy. As often as any such policy shall expire or terminate, renewal or additional policies shall be procured and maintained by Lessee in like manner and to like extent. All policies of insurance must contain a provision that the company writing the policy will give Lessor 30 days' written notice in advance of any cancellation, substantial change of coverage, or the effective date of any reduction in amount of insurance. PAGE 5-LEASE tp:resncumnwrks.is3llsep[ember 27. 19961 7.5. The obligations of Lessee to carry the insurance provided for may be brought within the coverage of a so-called blanket policy or policies of insurance; provided, however: 7.5.1. That the coverage afforded will not be reduced or diminished by reason of the use of such blanket policy of insurance; 7.5.2. That the requirements set forth are otherwise satisfied; and 7.5.3. That, as to all insurance, Lessor shall be named as additional insured. 7.6. Lessor may from time to time, but not more frequently than once every three years, require that the amount of public liability insurance to be maintained by Lessee under section 7.2 be increased so that the amount adequately protects Lessor's interest based on Lessor's maximum liability for tort claims under ORS 30.270 or any successor statute. 8. Lessor's Right to Perform Lessee's Covenants. 8.1. If Lessee at any time fails to pay any tax in accordance with the provisions of this lease or fails to make any other payment or perform any other act on its part to be made or performed, then Lessor, after 10 days' notice to Lessee (or without notice in case of an emergency) and without waiving or releasing Lessee from any obligation of Lessee contained in this lease or from any default by Lessee and without waiving Lessor's right to take such action as may be permissible under this lease as a result of such default, may (but shall be under no obligation to): 8.1.1. Pay any tax payable by Lessee pursuant to the provisions of this lease; or 8.1.2. Make any other payment or perform any other act on Lessee's part to be made or performed as provided in this lease, and may enter the premises and the Improvements for any such purpose, and take all such action, as may be necessary. 8.2. All sums so paid by Lessor and all costs and expenses incurred by Lessor, including reasonable attorney fees, in connection with the performance of any such act, together with, if Lessee does not pay the same within the 30-day period after notice from Lessor, interest from the date of such payment or incurrence by Lessor of such cost and expense until paid, at the annual rate of 18% shall be paid by Lessee to Lessor on demand. 9. Compliance with Legal Requirements. 9.1. Throughout the Term, Lessee shall promptly comply with all Legal PAGE 6-LEASE (p:real\comnwrka.ls3 lSeptember 27. 19961 Requirements that may apply to the premises or to the use or manner of uses of the premises or the Improvements or the owners or users of the Improvements, whether or not the Legal Requirements affect the interior or exterior of the Improvements, necessitate structural changes or improvements, or interfere with the use and enjoyment of the premises or the Improvements, and whether or not compliance with the Legal Requirements is required by reason of any condition, event, or circumstance existing before or after the Term commences. Lessee shall pay all costs of compliance with Legal Requirements, but Lessee shall have the right to cease occupation or use of, or to demolish or remove, all or any part of the premises or the Improvements in lieu of compliance with any Legal Requirement that may require expenditures on behalf of Lessee for continued use or occupation of the premises. 9.2. Lessee shall have the right, after prior written notice to Lessor, to contest by appropriate legal proceedings, diligently conducted in good faith, in the name of Lessee or Lessor or both, without cost or expense to Lessor, the validity or application of any Legal Requirement subject to the following: 9.2.1. If, by the terms of any Legal Requirement, compliance may legally be delayed pending the prosecution of any such proceeding without the incurrence of any lien, charge, or liability of any kind against all or any part of the premises or the Improvements and without subjecting Lessee or Lessor to any liability, civil or criminal, for failure to comply, Lessee may delay compliance until the final determination of such proceeding; or 9.2.2. If any lien, charge, or civil liability would be incurred by reason of any such delay, Lessee nevertheless may contest the matter and delay compliance, provided that such delay would not subject Lessor to criminal liability or fine, and Lessee 9.2.2.1. Furnishes to Lessor security, reasonably satisfactory to Lessor, against any loss or injury by reason of such contest or delay, and 9.2.2.2. Prosecutes the contest with due diligence. 9.3. Lessor shall execute and deliver any appropriate papers that may be necessary or proper to permit Lessee to contest the validity or application of any Legal Requirement, provided all the requirements of this section have been satisfied by Lessee and Lessor will incur no cost. 10. Repairs and Maintenance. Lessee shall maintain, repair, and replace the premises and the Improvements as necessary to keep them in good order, condition, and repair throughout the entire Term. Lessee's obligations shall extend to both structural and nonstructural items and to all maintenance, repair, and replacement work, including but not limited to unforeseen and extraordinary items. Lessor shall maintain the common areas of the development in good order, condition, and repair throughout the entire Term. Lessor shall be responsible for all aspects of maintaining the parking area, including but not limited to security patrols, landscaping, cleaning, PAGE 7-LEASE (p:reel\convtwrks.Is3)1September n. 19961 snow and ice removal, and lighting. 11. Alterations, Additions, and New Improvements. The term Modifications means any demolition, improvement, alteration, change, or addition, of, in, or to any exterior portion of the Building or any portion of the premises or the Improvements visible from the boundary lines of this lease. The term Minor Modifications shall mean any Modifications costing less than $25,000, and the term Major Modifications shall mean any and all Modifications other than Minor Modifications. Multiple Modifications occurring within a period of 365 days shall be deemed a single Modification for the purposes of applying the provisions contained in this section. At any time during the Term and at Lessee's own cost and expense, Lessee may make or permit to be made any Minor Modifications, provided there is no existing and unremedied default on the part of Lessee, of which Lessee has received notice of default, under any of the terms, covenants, and conditions of this lease. Major Modifications shall require the prior consent of the Lessor, which consent shall not be unreasonably withheld. All salvage material in connection with any Modification that Lessee is permitted to make shall belong to Lessee. 12. Title to Improvements. Title to Improvements shall be and remain in Lessee until the expiration of the Term, or any extension, unless this lease is terminated sooner as provided elsewhere in this lease. Upon such expiration or sooner termination, title to the Improvements shall automatically pass to, vest in, and belong to Lessor without further action on the part of either parry and without cost or charge to Lessor. During the Term, Lessee shall be entitled for all taxation purposes to claim cost recovery deductions and the like on the Improvements. 13. No Waste. Lessee shall not do or suffer any waste or damage, disfigurement, or injury to the premises or the Improvements. Demolition of all or any part of the Improvements done in accordance with the requirements of section 11 shall not be considered prohibited by the terms of this section. 14. Inspection and Access 14.1. Lessee shall permit Lessor, or its authorized representative to enter the premises and the Improvements at all reasonable times during usual business hours for the purposes of inspecting the same for conformance to the permitted uses specified in section 4 and for the purposes of inspecting for and making any repairs or performing any work that Lessee has neglected or refused to make in accordance with the terms, covenants, and conditions of this lease. Nothing in this lease shall imply any duty or obligation on the part of Lessor to do any such work or to make any Improvements of any kind whatsoever to the premises (including, but not limited to, repairs and other restoration work made necessary due to any fire, other casualty, or partial condemnation, irrespective of the sufficiency or availability of any fire or other insurance proceeds, or any award in condemnation, which may be payable). The performance of any work by Lessor shall not constitute a waiver of Lessee's default in failing to perform the same. PAGE 8-LEASE (p:r..I\comnwrks.1.3)(Sapt.mbe, 2 7. 1996 1 14.2. Except in the event of emergency repairs, all entry to the premises by Lessor shall require at least 24 hours' advance notice to Lessee. In the event of any emergency repairs, Lessor shall use reasonable efforts to give Lessee the earliest possible notice of the same. 15. Lessor's Exculpation and Indemnity 15.1. Lessee is and shall be in exclusive control of the premises and of the Improvements, and Lessor shall not in any event whatsoever be liable for any injury or damage to any property or to any person happening on, in, or about the premises or the Improvements or any injury or damage to the premises or the Improvements or to any property, whether belonging to Lessee or to any other person, caused by any fire, breakage, leakage, defect, or bad condition in any part or portion of the premises or of the Improvements, or from steam, gas, electricity, water, rain, or snow that may leak into, issue, or flow from any part of the premises or the Improvements from the drains, pipes, or plumbing work of the same, or from the street, subsurface, or any place or quarter, or due to the use, misuse, or abuse of all or any of the Improvements or from any kind of injury that may arise from any other cause whatsoever on the premises or in or on the Improvements, including defects in construction of the Improvements, latent or otherwise. 15.2. Lessee shall defend, indemnify and save Lessor, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death,) or damage (including loss or destruction) to property, of whatsoever nature arising that may be imposed on or incurred by or asserted against Lessor by reason of any of the following occurrences during the Term: 15.2.1. Any work or thing done in, on, or about all or any part of the premises or the Improvements by Lessee or any party other than Lessor; 15.2.2. Any use, nonuse, possession, occupation, condition, operation, maintenance, or management of all or any part of the premises or the Improvements ; 15.2.3. Any negligence on the part of Lessee or any of its agents, contractors, servants, employees, sublessees, licensees, or invitees; 15.2.4. Any accident, injury, or damage to any person or property occurring in, on, or about the premises or the Improvements; or 15.2.5. Any failure on the part of Lessee to perform or comply with any of the covenants, agreements, terms, provisions, conditions, or limitations contained in this lease on its part to be performed or complied with. PAGE 9-LEASE Ip:reellc.m.w,ks.Is311September 27. 19961 :j 15.3. In case any action or proceeding is brought against Lessor by reason of any such claim, Lessee upon written notice from Lessor shall, at Lessee's expense, resist or defend such action or proceeding by counsel approved by Lessor in writing, which approval shall not be unreasonably withheld. Lessor shall not make any claim against Lessee with respect to any of such risks as to which Lessee has furnished Lessor with insurance policies or certificates of insurance evidencing coverage of such risks unless and until the insurer fails or refuses to defend and/or pay all or any part of a third-party claim. 16. Assignment and Subletting 16.1. Except as provided in section 16.2, Lessee shall not sell, assign, or in any other manner transfer this lease or any interest in this lease or the estate of Lessee under this lease without the prior consent of Lessor, which consent shall not be unreasonably withheld or delayed. Lessor may base its consent on the ability of the prospective assignee to fulfill the purposes of this lease as described in section 4. 16.2. Lessee shall have the right to sublet portions of the premises and/or of the Improvements at any time and from time to time, but only for a term or terms that shall expire before the expiration of the Term, and provided that each such sublease shall be in writing, shall be for the uses described in section 4 and shall be subject and subordinate to the rights of Lessor under this lease. 17. Default; Remedies 17.1. The occurrence of any one or more of the following events of default constitutes a breach of this lease by Lessee: 17.1.1. If Lessee defaults in the payment of any sum due and payable by Lessee, and such default continues for 30 days after Lessor has given Lessee a notice specifying the same; or 17.1.2. If Lessee, whether by action or inaction, is in default of any of its obligations under this lease (other than a default in the payment of any sum due Lessor) and such default continues and is not remedied within 60 days after Lessor has given Lessee a notice specifying the same, or, in the case of a default that can be cured but not within a period of 60 days, if Lessee has not (1) commenced curing such default within such 60-day period; (2) notified Lessor of Lessee's intention to cure the default; or (3) continuously and diligently completed the cure of the default. 17.2. Upon the occurrence of an event of default, Lessor may exercise any one or more of the remedies set forth in this section or any other remedy available under applicable law or contained in this lease: 17.2.1. Lessor or Lessor's agents and employees may immediately or at any time thereafter reenter the premises either by summary eviction proceedings or by PAGE 10-LEASE (p:reencomnwrks.ts3llseptember 27. 19961 any suitable action or proceeding at law. If Lessor retakes possession under this paragraph, Lessor shall use the premises for the purposes stated in section 18.5 unless such purposes are no longer viable. The provisions of the preceding sentence shall survive any termination of this lease. 17.2.2. Lessor may relet the whole or any part of the premises from time to time, either in the name of Lessor or otherwise, to such Lessees, for such terms ending before, on, or after the expiration date of the lease Term, at such rentals and on such other conditions (including concessions and free rent) as Lessor may determine to be appropriate. To the extent allowed under Oregon law, Lessor shall have no obligation to relet all or any part of the premises and shall not be liable for refusal to relet the premises, or, in the event of such reletting, for refusal or failure to collect any rent due on such reletting; and any action of Lessor shall not operate to relieve Lessee of any liability under this lease or otherwise affect such liability. Lessor at its option may make such physical changes to the premises as Lessor, in its sole discretion, considers advisable and necessary in connection with any such reletting or proposed reletting, without relieving Lessee of any liability under this lease or otherwise affecting Lessee's liability. Any reletting shall be for the purposes described in section 18.5 unless such purposes are no longer viable. 17.2.3. Whether or not Lessor retakes possession or relets the premises, Lessor has the right to recover its damages, including without limitation all lost rentals, all legal expenses, all costs incurred by Lessor in restoring the premises or otherwise preparing the premises for reletting, and all costs incurred by Lessor in reletting the premises. 17.2.4. To the extent permitted under Oregon law, Lessor may sue periodically for damages as they accrue without barring a later action for further damages. 17.3. No failure by Lessor to insist on the strict performance of any agreement, term, covenant, or condition of this lease or to exercise any right or remedy consequent upon a breach, constitutes a waiver of any such breach or of such agreement, term, covenant, or condition. No agreement, term, covenant, or condition to be performed or complied with by Lessee, and no breach by Lessee, shall be waived, altered, or modified except by a written instrument executed by Lessor. No waiver of any breach shall affect or alter this lease, but each and every agreement, term, covenant, and condition of this lease shall continue in full force and effect with respect to any other then-existing or subsequent breach. 17.4. Each right and remedy provided for in this lease shall be cumulative and shall be in addition to every other right or remedy provided for in this lease or now or hereafter existing at law or in equity or by statute or otherwise, and the exercise or beginning of the exercise by Lessor or Lessee of any one or more of the rights or remedies provided for in this lease or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by the party in question of any or all other rights or remedies provided for in this lease or PAGE 11-LEASE IP:,ee4com.w,k .1s8119eptember n. 19961 now or hereafter existing at law or in equity or by statute or otherwise. 18. Extension of Term. If the lease is not then in default, Lessee, upon consent of the Lessor as provided in section 18.4, shall have the option to renew this lease for three successive terms of 5 years each, as follows: 18.1. The renewal term shall commence on the day following the date of termination of the preceding term. 18.2. The terms and conditions for each five year renewal term shall be on the same terms and conditions as provided in this lease for the initial Term unless otherwise agreed by the parties. Payment of all additional charges required to be made by Lessee as provided in this lease for the initial Term shall continue to be made during the extended Term. 18.3. The option may be exercised by written notice to Lessor given not less than 120 days prior to the last day of the expiring term. The written notice shall include a copy of this section 18. 18.3.1. Within 30 days of the notice, Lessor and Lessee shall meet to review and evaluate the terms and purposes of this lease and the performance under the lease by Lessee. 18.3.2. Lessee and Lessor shall fully cooperate with each other in the review and evaluation. 18.4. Lessor may refuse to consent to the extension only if it finds after diligently conducting the review and evaluation in good faith that Lessee is not adequately fulfilling the terms and purposes of this lease. 18.5. If Lessor does not consent to an extension, then at the termination of the lease, Lessor agrees to use the premises for the purposes described in section 4.1 or any program activities similar in nature. The provisions of the preceding sentence shall survive any termination of this lease. 19. Quiet Enjoyment. Lessee, on observing and keeping all covenants, agreements, and conditions of this lease on its part to be kept, shall quietly have and enjoy the premises during the Term without hindrance by anyone claiming by, through, or under Lessor as such, subject, however, to the exceptions, reservations, and conditions of this lease. 20. Surrender. 20.1. Except as otherwise provided, Lessee, on the last day of the Term, shall surrender and deliver up the premises and all Improvements to the possession and use of Lessor without fraud or delay, free and clear of all lettings"and occupancies, and free and clear of all liens and encumbrances other than those, if any, presently PAGE 12-LEASE wr..Rc.m.w,ks.1s311sept.mber 27. 19961 existing or created or suffered by Lessor, without any payment or allowance whatever by Lessor on account of any Improvements on the premises. Upon surrender by Lessee, Lessor shall use the premises for the purposes described in section 18.5 unless such purposes are no longer viable. 20.2. When furnished by or at the expense of Lessee or any sublessee, furniture, fixtures, and equipment may be removed by Lessee at or before this lease terminates, provided, however, that the removal will not injure the premises or the Improvements or necessitate changes in or repairs to the same. Lessee shall pay or cause to be paid to Lessor the cost of repairing any damage arising from such removal and restoration of the premises and/or the Improvements to their condition before such removal. 20.3. Any personal property of Lessee or any sublessee that shall remain on the premises after the termination of this lease and the removal of Lessee or such sublessee from the premises maybe disposed of by Lessor, after written notice, stating that the property is considered abandoned and must be removed from the premises or from a place of safekeeping, if the Lessor has stored the.property elsewhere, by a specified day not less than 15 days after delivery of the notice. If the property is not removed by the Lessee within such time, it may either be retained by Lessor as its property or be disposed of, without accountability, in such manner as Lessor may see fit. If this lease terminates early for any reason other than the default of Lessee then, anything to the contrary notwithstanding, Lessee or any sublessee shall have a reasonable time thereafter to remove its personal property. 20.4. Lessor shall not be responsible for any loss or damage occurring to any property owned by Lessee or any sublessee unless the loss was caused by Lessor's deliberate or negligent act. 20.5. The provisions of this section shall survive any termination of this lease. 21. Invalidity of Particular Provisions. If any term or provision of this lease or the application of the lease to any person or circumstances is, to any extent, invalid or unenforceable, the remainder of this lease, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and each term and provision of this lease shall be valid and be enforced to the fullest extent permitted by law. 22. No Representations. Lessee acknowledges that it has examined the premises and that no representations as to the condition of the premises have been made by Lessor or any agent or person acting for Lessor (except as expressly provided in this lease). Before any construction commences on the premises, Lessee shall conduct tests of the subsurface and soil conditions to ascertain the suitability of the premises for the contemplated Project and shall furnish such fill and take such other steps as may be required before the commencement of construction. Lessor shall have no liability because of, or as a result of, the existence of any subsurface or soil condition, either on the premises or on adjacent land, that might affect Lessee's construction. PAGE 13-LEASE (p:ree1�comnwrks.Is3)I September 27, 19961 23. Estoppel Certificate. Either party, within 10 days after a request from time to time made by the other parry and without charge, shall give a certification in writing to any person, firm, or corporation reasonably specified by the requesting party stating (1) that this lease is then in full force and effect and unmodified, or if modified, stating the modifications; (2) that Lessee is not in default in the payment of any sums due to Lessor, or if in default, stating such default; (3) that as far as the maker of the certificate knows, neither party is in default in the performance or observance of any other covenant or condition to be performed or observed under this lease, or if either party is in default, stating such default; (4) that as far as the maker (if Lessor) of the certificate knows, no event has occurred that authorized, or with the lapse of time will authorize, Lessee to terminate this lease, or if such event has occurred, stating such event; (5)-that as far as the maker of the certificate knows, neither party has any offsets, counterclaims, or defenses, or, if so, stating them; and (6) any other matters that may be reasonably requested by the requesting party. 24. Notices. 24.1. Any notice required or permitted by the terms of this lease shall be deemed given if delivered personally to an officer of the party to be notified or sent by United States registered or certified mail, postage prepaid, return-receipt requested, and addressed as follows: If to Lessor: City Administrator If to Lessee: Executive Director City of Ashland Community Works 20 East Main Street 900 East Main Street Ashland, Oregon 97520 Medford, Oregon 97504 or such other addresses as may be designated by either party by written notice to the other. Except as otherwise provided in this lease, every notice, demand, request, or other communication shall be deemed to have been given or served on actual receipt or, if mailed, three days after the date of mailing. 24.2. Notwithstanding anything in this section to the contrary, any notice mailed to the last designated address of any person or party to which a notice may be or is required to be delivered pursuant to this lease or this section shall not be deemed ineffective if actual delivery cannot be made due to a change of address of the person or party to which the notice is directed or the failure or refusal of such person or party to accept delivery of the notice. 25. Costs and Attorney Fees. If either party brings an action to recover any sum due or for any breach and obtains a judgment or decree in its favor, the court may award to such prevailing party its reasonable costs and reasonable attorney fees, specifically including reasonable attorney fees incurred in connection with any appeals (whether or not taxable as such by law). 26. Entire Agreement. This lease contains the entire agreement between the parties and, except as otherwise provided, can be changed, modified, amended, or PAGE 14-LEASE Ip:reel\comnwrks.Is3) September 2z 19961 terminated only by an instrument in writing executed by the parties. It is mutually acknowledged and agreed by Lessee and Lessor that there are no verbal agreements, representations, warranties, or other understandings affecting this lease. Lessor: City of Ashland, Oregon By: Mayor By: City Recorder Lessee: Community Works By: Its By: Its PAGE 15-LEASE IV:ree4cemnwrkc.jc311September 27, 19961 RESOLUTION NO. 96- A RESOLUTION ESTABLISHING A RENEWAL RESOURCE PURCHASE POLICY FOR THE CITY OF ASHLAND. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The City of Ashland encourages citizens and businesses: A. To invest in renewable electric energy generations systems, and B. For those who generate electricity, to remain on the electric grid to use it as a backup supply. This policy is designed to provide adequate incentives to encourage renewable generation while remaining on the city's electric grid. SECTION 2. The City of Ashland will purchase solar and wind generated electricity subject to the following conditions: A. All systems will be installed so as to comply with "Small Scale Solar or Wind Generation Standards for Parallel Operating Reliability" included as Attachment A to this resolution. B. All systems may utilize a single electric meter, supplied by the City of Ashland, which moves in both directions. Power used from the City moves the meter forward, power generated by the solar or wind system moves the meter backward. C. Residential and commercial customers are covered by this policy. D. The first 1000 excess kilowatt-hours (kWh) generated each month by citizen or business will be purchased at the following rate: 1.25 times highest block for residential rate. E. All additional kWh's produced each month will be purchased at the City's then current wholesale power rate. This policy will be reviewed within one year of the installation of any generation system taking advantage of this policy. This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this day of 1996. Barbara Christensen, City Recorder _ SIGNED and APPROVED this day of 1996• Catherine M. Golden, Mayor U��iew d as to form: �-, Paul Nolte, City Attorney PAGE 1 - RESOLUTION (v:«m9werMr.rw) � S• ATTACHMENT A SMALL SCALE SOLAR OR WIND GENERATION STANDARDS FOR PARALLEL OPERATING RELIABILITY 100 kw OR LESS, 660 VOLTS OR LESS A RENEWABLE ENERGY SOURCE A. GENERAL The City of Ashland is encouraging the installation of small photovoltaic and wind generators and wishes to interconnect with, and buy from, qualifying facilities. Photovoltaic and wind generators are one method of accomplishing this generation of power by private individuals. This guideline is concerned primarily with the technical engineering aspects of interconnection with a small photovoltaic and wind generator. There are two possible photovoltaic and wind systems which may be interconnected electrically to Ashland's system. These are: i The line-commutated inverter The self-commutated inverter There are certain electrical concerns which Ashland has for its customers and its workmen which fall into the following categories. All inter-connection requirements by Ashland are to alleviate these possible problems. Waveform harmonic distortion System operating voltage Voltage flicker Power factor System and producer protection Safety WAVEFORM HARMONIC DISTORTION The main concern with waveform harmonic distortion is with residential applications of D.C. generation sources incorporating inexpensive line commutated inverters. Small Scale Solar or Wind Generation -page 1 of 5 t 4 Excess harmonic distortion can damage utility equipment, such as capacitors, cause overheating of motors and other customer equipment, and cause radio-TV interference. Unfortunately, National Standards for allowable harmonic distortion are not available at this time. Until such standards are developed, Ashland's policy will be not to allow troublesome harmonics and to.disconnect from Ashland's distribution system with lockable disconnect, any generator which generates harmonics adversely affecting Ashland's equipment or service to other customers. SYSTEM OPERATING VOLTAGE The on-site generator must be so rated and designed to operate within the normal line voltage variations on Ashland's Distribution System. Unless different limits are established by State Regulatory Authorities, the range of steady-state voltage variations at the point of interconnection shall be in accordance with those maximum and minimum limits established in ANSI C84.1-1977. For the general case these limits will be .± 5% of the nominal voltages. POWER FACTOR Line commutated synchronous inverters require VAR supply from the utility system. Power factor correction for a line-commutated synchronous inverter could be accomplished by the addition of capacitors by the Producer. It is difficult to match the correct amount of capacitance to the generation as the best power factor will occur at or near the inverter rated capacity with the worst situation occurring when the inverter is idling or unloaded. If VARS are supplied from a non-utility source, the possibility of generator self-excitation increases which creates a possible safety problem. Because of the aforementioned reasons, Ashland Will supply all VARS for photovoltaic and wind generators from its system. SYSTEM AND PRODUCER PROTECTION I Normal operation of distribution system protective devices may adversely affect the on-site generator. When a fault is detected on the distribution feeder, the substation breaker opens thereby interrupting for a very brief instant the power flow from the substation out to the loads. The feeder is then re-energized by the first closing operation on the assumption that the fault was self-clearing. If the fault condition persists, the power flow will be interrupted again by a second opening of the station breaker. This time the interruption will be for a longer period of time followed by a second and third closing operation. If still faulted, the breaker will lock open. The effect of this time delay/recloser cycle upon the on- site.generator must be considered in each case. Smell sub Solo w wmd oo tim-pego 2 of 5 The operation of protective devices on Ashland's system can result in unbalance in the Producer's generator. Producer protection may be provided by following good electrical design practices. The Producer shall provide an automatic load break disconnecting device which will be used in conjunction with relaying devices to protect equipment in case of fault conditions. The Producer shall be required to provide an overcurrent device and other devices to adequately sense electrical variations which may be used to actuate the automatic load break disconnecting device. SAFETY Ashland is vitally concerned about one problem associated with Producer-owned generation. This problem is feedback from a Producer's generator into de-energized conductors and equipment. For example, while working on equipment in an assumed de- energized section of a distribution system, uncontrolled generators, such as those owned by Producers, could create a hazardous condition in the work area exposing workers to electrical shock. Company work rules including the installation of shorts and grounds on de-energized circuits shall be adhered to. B. GENERAL REQUIREMENTS FOR SINGLE & THREE-PHASE INSTALLATIONS 1. Any harmonic distortions attributable to the operation of generation equipment that results in objectionable service to other customers shall be remedied by the Producer. If such remedies are not provided, the generation may be subject to disconnection from the utilities lines. 2. Installation shall be in compliance with current editions of the national Electrical Code, the National Electrical Safety Code, or applicable state code. 3. A lockable main disconnect switch which shall provide a visible open circuit in the off position shall be provided to isolate Producer's generation from Ashland's system. 4. Producer's system, including interconnection equipment, shall meet requirements of and be inspected and approved by the local or state authority having jurisdiction. , 5. Producer shall provide a circuit breaker or similar switching device which is designed to automatically disconnect the Producer's generator from Ashland's system on a predetermined setting and shall have an interrupting rating adequate for load current and fault current at the location. Small Sale Solar or wind Qenaafiun-page 3 of 5 6. Producer shall provide an overcurrent sensing device in each phase. 7. The system shall be designed to automatically disconnect when Ashland's service is interrupted. 8. Ashland shall establish a dedicated voltage transformation, with ground source for the Producer's generation and load. 9. All protective devices employed shall be subject to Ashland's review for adequacy and shall be subject to Ashland's requirements for value setting and periodic testing. 10. Producer shall provide the following items prior to actual interconnection. a. A one-line function schematic diagram of the photovoltaic and wind generation electrical system. b. A plot plan interconnection diagram. C. A written document which discusses normal and failure mode operation of the photovoltaic and wind generation electrical system. d. A table of photovoltaic and wind generation electrical system characteristics consisting of: 1) Rated and maximum A-C output, real power and kVA. 2) Rated A-C line voltage. 3) Rated A-C line current. 4) Power factor and VAR characteristics at 25, 50, 75 and 100% of rated real power output. 5) Voltagelcurrent harmonic characteristics at 25, 50, 75 and 100% of rated real power output. 6) Maximum inrush currents drawn during start-up or normal operation.. C. ADDITIONAL REOUIREMENTS - SINGLE AND THREE PHASE INSTALLATIONS The following additional requirements represent the best protection criteria available at the time of this writing. Any new criteria which may be published in the future will be incorporated in following revisions. Ashland may relax the following additional requirements Small scale Solar or wind omcadoo-page 4 of 5 if conditions of size, other protection methods, or other reasons dictate the need. Any relax- ation of additional requirements shall be done with the full consent of the Director or Electric Utility on an individual basis. 1. Photovoltaic and wind generation with line commutated inverter: a. must have overfrequency relay b. must have underfrequency relay C. must have overvoltage relay d. must have undervoltage relay 2. Photovoltaic and wind generation with self-commutated inverter: a. must have overfrequency relay b. must have underfrequency relay C. must have overvoltage relay d. must have undervoltage relay e. facilities shall include equipment necessary to automatically establish and maintain synchronism with Ashland's electrical supply i t Small scale solar or Wmd ammatlan-pge 5 of 5 T'=RP' TENCEN �'pf kq CITY RECORDER September 30, 1996 �y Q� All City Department Heads r rQrnj; Brian L. Almquist, City Administrator City Profile Review OEDD has asked that we check the data in their Ashland Community profile before they go on the Internet. Please review the data, make any corrections, and send it back to me and I .will send our consolidated comments back to OEDD. September 25, 1996 Brian Almquist, City Manager City of Ashland 20 East Main Street Ashland, OR 97520 Dear Mr. Almquist:. The Oregon Economic Development Department is updating and/or creating community profiles for all of Oregon's incorporated communities. These profiles will provide information about such topics as population, workforce, education, infrastructure and economic development in a standardized format. Attached is the information we have been able to gather from a variety of sources including the 1990 Census, the League of Oregon Cities, and other public sources. In some cases, we were unable to find some of the information in the sources we had available and would like your help in completing your community's profile. Would you please review the attached document and fill in whatever missing information is applicable? Also, if you find anything that you believe is inaccurate, please correct it and return the profile to me by October 25, 1996. Please note that climate information is from the Oregon Climate Service which does not record some data for every city. We would appreciate it if you would provide local data where possible. We realize that these profiles are very basic and may not include everything you would like about your community. However, in order to keep these profiles updated, they will be entered into a database and this places certain restrictions on the amount and type of information we can use. Once the community profiles are completed, they will be available to you and the public from our department. We are also planning to link them to our homepage on the Internet at www.econ.state.or.us. If your community already has a homepage, you will also be able to link to these profiles or use the basic information to create your own version. Thank you very-much for your help on this. If you have any questions or comments, please call me at (503) 986-0071. Sincerely, Beverly Thacker, Project Coordinator Regional Development F:WSER DSUMIS BLWERGE ECGRORZLT 775 Summer St.,NE ■ Salem.OF 9 7310 Governor John A. Kitzhaber 50.3-086-0123 ■ TTY Sl13-986-0123 0 fa.x S03-$S I-$11$ Thr depanmmt u an AVEEO em&M,in ttmphi n,,with S c --Wl M the R h&An 0 1973 Jackson\Josephine Region Jackson County Ashland: O� LOCATION Jackson County Distance to nearest major freeway: Interstate 5, local Distance to Portland: 285 miles Distance to nearest major city: 12 miles SE of Medford CLIMATE Elevation: 1,895' Temperature: Lowest Monthly Average: 29.6°F Highest Monthly Average: 86.8°F Hottest Month: July Driest Month: July Coldest Month: Jan. Wettest Month: Dec. Precipitation: Average Annual Precipitation: 19.16" Humidity (Hour 10, local time) Medford data: Average July Afternoon Humidity: 45% Average January Afternoon Humidity: 88% A r DEMOGRAPHICS POPULATION 1960 1970 1980 1990 1995 % change 1990-95 City 9,119 12,342 14,943 16,252 17,985 10.7% County 73.962 94,533 132,456 146,389 164,400 11.8% 1 Jackson\Josephine Region Jackson County COMMUNITYAGE GROUPS 1960 1970 1980 1990 under 5 years 787 5-19 years 3625 20 - 44 years 6693 45 -64 years 2908 65+years 2221 Median Age 34.4 HOUSING Total housing units: 7,204 vacancy rate: 4.9% owner occupied: 3,535 median owner cost (mortgaged): $735 renter occupied: 3,318 median gross rent: $400 Community Percent built between 1970 and 1979: 25% Percent built between 1980 and 1990: 19% 1970 1980 1990 Total Housing Units 4,098 5,868 7,204 Median Value of Owner-Occupied Housing, 1990: $109,900 i County 1970 1980 1990 Total Housing Units 30,077 48,450 60,376 Median Value of Owner-Occupied Housing, 1990: $74,800 Jackson\Josephine Region Jackson County ECONOMICSIEMPLOYMENT . INCOME (In Dollars) Community State County State % of 1990 1990 1994 1994 State Median Household Income 23,579 27,250 --- --- --- Per Capita Income 13,536 13,418 18,909 20,854 , 90% Annual Payroll (county, 1994): $21,535.70 LOWIMODERATE INCOME RESIDENTS: 40.31 % CIVILIAN LABOR FORCE 1990 City County Total Labor Force 8,272 67,733 Total Employment 7,759 62,704 Percent Unemployed 6.2% 7.4% UNEMPLOYMENT RATE % County % State % of State 6.1% 4.7% 130% 3 JacksonVosephine Region Jackson County EMPLOYMENT DIVISIONLABOR MARKETANALYSIS Employed persons 16 years and over 7,759 Agriculture, forestry, and fisheries 267 Mining 8 Construction 393' Manufacturing, nondurable goods 182 Manufacturing, durable goods 363 Transportation 189 Communications and other public utlilites 133 Wholesale trade 138 Retail trade 1,718 Finance, insurance, and real estate 363 Business and repair services 207 Personal services 352 Entertainment, and recreation services 422 Health services 644 Educational services 1,476 Other professional and related services 624 Public administration 280 PRINCIPAL INDUSTRIES OF THE COUNTY. -Lumber -Manufacturing -Recreation KEY TARGETED INDUSTRIES (to diversify the economy of the region): -Forest Products -Software 4 Jackson\Josephine Region Jackson County r+ I -Tourism LARGEST LOCAL MANUFACTURERS(private sector) Name Number of Employees .Products Boise Cascade Corp. 1,000 plywood Harry & David/Bear 800 Fruit Creek Corp Medford,Corp 800 Naumes, Inc. 800 Timber Products, Co. 750 LARGEST LOCAL EMPLOYER (either within the public or private sector) Name Number of Employees Products AGRICULTURAL PRODUCTS OF THEAREA (Top 3 largest gross farm sales): -Tree fruits & nuts -Specialty Produce -Cattle& Calves FINANCIAL FINANCIAL INSTITUTIONS Commercial Banks: 4 Savings and Loans: 3 Credit Unions: Public Lending Programs: PROPERTY T.4 STRUCTURE 5 JacksonUesephine Region Jackson County Consolidated Tax Rate:10.57 % School Rate: 5.23% Non-School Rate: 5.34% EDUCATION EDUCATIONAL ATTAINMENT (Persons I8+) Less than high school 312 Some high school 828 High school graduate 2066 Some college 4380 Associates degree 645 Bachelor's degree 2924 Graduate or professional degree 1570 PRIMARY& SECONDARY Public School District: Ashland SD 5 Total Enrollment: 3,240 Student/Teacher Ratio: 17:1 Elementary Schools: Middle Schools: High Schools: Private Schools: Number of Schools Enrollment Total COMMUNITY COLLEGES AND UNIVERSITIES Name City `94-'95 Enrollment Distance Umpqua Community College Roseburg 14,946 108 miles Rogue Community College Grants Pass 11,489 41 miles 6 lackson\Josephine Region Jackson County Name City 194-195 Enrollment Distance Umpqua Community College Roseburg 14,946 108 miles University of Oregon Eugene 22,254 178 miles Southern Oregon State C. Ashland 7,961 local Oregon Institute of Technology Klamath 64 miles Falls WORKFORCE TRAINING OPPORTUNITIES: COMMUNICATIONS Newspapers: Daily Tidings (daily except Sunday) Radio Stations: 15 in area TV Stations: 4 local Medford Cable TV: TCI Cablevision Telecommunications services: COMMUNITY FACILITIES & SERVICES PUBLIC SAFETY/EMERGENCYSERVICES Fire Protection System Rating by ISO (Insurance Services Organization): 4 Number of Paid and Volunteer Firemen: 23 Police Protection Departments: Number of Full-Time Officers: PLANNING SERVICEINEGULA TORY Regulatory system Comprehensive Plan yes Zoning Ordinance yes 7 JacksonVosephine Region Jackson County Building Permit System yes Subdivision Ordinance yes Territory Covered by Zoning Municipality yes County yes SPECL4L DISTRICTS&ASSOCIATIONS(Ports,water,sewer, etc. in county) Applegate Valley R.F.P.D. #9, Bear Creek Valley Sanitary Authority, Charlotte Ann Water District, Coalmine Road Improvement District, Colestin Rural Fire District, Eagle Point Irrigation District, Elk City Water District, Jackson County E.S.D., Jackson County Fire District #3, Jackson County Fire District#4, Jackson County Fire District#5, Jackson County Fire District#6, Jackson County Vector Control District, Jackson S.W.C.D., Jacksonville Hwy Water District, Kings Highway Water District, Lake Creek R.F.P.D.-Jackson County, Little Butte Irrigation Co., Medford Irrigation District, Medford R.F.P.D. #2,Nye Ditch Users, Inc., Prospect R.F.P.D., Rogue River R.F.P.D., Rogue River Valley Irrigation District, Rogue Valley Council of Governments, Rogue Valley Transit District, Sams Valley Irrigation Association, Southern Oregon Regional Communications, Table Rock District Improvement Co., Talent Irrigation District, Valley Vista Estates Water Improvement District Local & Regional Economic Development Organizations name phone Rogue Valley Council of Governments (541) 664-6674 City of Ashland (541) 482-3211 MEDICAL FACILITIES/CLINICS Number of Hospitals: #Beds: Distance to Nearest: i Ambulance Service Available: i Number of General Clinics: LIBRARYSYSTEM Number of public libraries: INFRASTRUCTURE/TRANSPORTATION TVA TER SUPPLY Water supply operator: City of Ashland Water supply district: 8 JacksonUosephine Region Jackson County Water supply source: Ashland Creek,Reeder Reservoir Water supply.capacity/pressure (MGD): 10mgd Current water utilization: 6.5 mgd Water distribution: (Improvement Fee)- System Development charges based on meter size: Water Supply $292.81, Water Distribution(Improvement Fee) -$342.78, Water Treatment(Reimbursement Fee) -$366.68. Total for 16 fixture unit- $1,002.00, Amount for one fixture- $62.64 Water Costs per thousand gallon: 1"416.6% 1.5"-$23.65, 2"-31.1513"-$62.25, 4% $99.60, 6"-$186.75, 8"-$311.25, (Basic monthly charge based on meter size). 0-50,000cf= $1.32/100cf, All over 50,OOOcf= $1.37/100ef Hook up fees or other connection fees: 1" -$1,090.00, 1.5" - $1,500.00, 2" - $1,640.00, 3" amd ;anger- cost, 8" and one fire hydrant per 335 ft- $45.00/foot. Other fees/permits or costs:N/A Age of water system : 1996 Comments on water system: 1996 most recent update WASTEWATER TREATMENT SYSTEM Wastewater treatment operator: City of Ashland Wastewater treatment district: 3,1 mgd Wastewater system design capacity (MGD): g Wastewater system average now (MGD): 1.82 mgd Current wastewater system utilization: 17,100 population Wastewater Collection System fees: Monthly service charge of$11.50 plus a usage charge of$1.82/100 cf Access Fee or System Development Fee: Treatment (Reimbursement Fee) - $1,705.00, Collection(Improvement Fee) - $203.00 -- total per 16 fixture units -- $1,908.00, Amount for one fixture - $119.28 Hook up or connection fee. 4" - $1,345.00, 6" - $1,405.00, 8" - $1,425.00, 10" - Cost Permit fee: list any fee not otherwise noted: Age of wastewater collection system: 1936 Comment on Wastewater system: Last updated in 1974, discharge into Ashland Creek, 4% food sales tax goes towards the treatment facility. system under review by DEQ. Storm water discharge fee: $.57/1,000 sq.ft. of impervious area. Storm Drain Yes Fees or issues related to storm drains: Minimum charge of$171/month. UTILITIES Natural Gas provider: WP Natural Gas Natural gas lines and feed: Natural gas lines within the city are 2" to 10" mains 9 JacksonVosephine Region Jackson County which typically operate at 5-55 psi. Supporting gas transmission supplied from Northwest Pipeline Corp. and PGT Natural Gas rate structure:: #410 Residential- $.52685/therm+$4.00/month. #420 Commercial - $.48274/therm+$4.00/month. #424 Large Commercial - $.44260/therm+$65.00/month. #440 Interruptible- $.31976/therm+$1,212.85/month. Trans. Electrical provider: City of Ashland Electrical lines and feed: 115 kv, 69 kv-Transportation lines, 12.47kv- Distribution Lines Electrical rate structure: First 3,000kWh- $.067280/kWh,Next 17,OOOkWh - $.041040/kWh. Charges based on Winter months(Nov. I-April l). Commercial/large user rates are available upon request from the City of Ashland Telecommunications network: U.S. West Communication- cellular available Solid Waste management: Ashland Sanitary -transported to Rogue Disposal Utility expansion plans: N/A TRANSPORTATION Highways: Jurisdiction/ Route Designation/ Direction(Route)/Miles to Access North/south Interstate 5 local Transportation Access Fee: Air Service: Airport Name: Navigation Equipment Runway Length j Miles to Downtown: Scheduled Passenger Flights Freight Flights I Local Charter Service Available: i Rail Service: Railroads Serving the Community: Freight Service Available Passenger Service Available Distance to Nearest 10 Jackson\Josephine Region Jackson County Marine: Public Transportation: Bus Service: Scheduled Bus Service Available Passenger Service Available Buses Per Day Distance to Nearest Charter Service Firms (local) Trucking Service: Scheduled Freight Carrier Service Overnight Express Parcel Service Available Overnight Express Mail Service Available INDUSTRIAL LAND INFORMATION Acres of industrial zoned land: 126 acres Acres of serviced industrial land: 53 acres Acres of Buildable industrial land: 73 acres Commercial property vacancy rate: N/A Comprehensive plan yes RECREATIONAL AMENITIES -Mt. Ashland Ski Resort -valley orchards -Rogue River -Shakespearean Festival -lakes -Peter Britt Music Festival -Valley of the Rogue SP -Stewart SP -Casey SP -Rogue River Nall. Forest -Klamath Natl. Forest SOURCES Chamber of Commerce (various dam) Economic Development Partnership (various data) City of(various data) Oregon Department of Transportation, State of Oregon map, 1995 (Location data) Oregon Climate Service, 1996 special reports (Climate data) 11 Jackson\Josephine Region Jackson County U.S. Census 1960, 1970, 1980, 1990 (Demographic, Economic data) League of Oregon Cities, 1996 (Demographic data) Portland State University: Population& Census division, 1996 (Demographic data) Oregon Housing& Community Services, 1990 Census (Demographic data) Oregon 1990 Census (Economic, Education data) Oregon Economic Development Department (Economic data&projections) Oregon Employment Department, 1996 (Economic & Employment data) Oregon Manufacturers Registration (Economic & Employment data) Oregon State University Extension Service, 1996 (Agricultural data) Oregon Department of Revenue, 1996 (Tax rate data) Oregon Department of Education, directory 1995 (Education data) Department of Higher Education (University& College data) Office of Community Colleges Services (University& College data) Oregon Independent Colleges Association (University& College data) Oregon State Fire Marshall, Oregon Fire Service Resource Directory (Fire Safety data) Oregon State Police, Public Safety Agencies& Patrol Station listings (Police data) Internet Links (various data): Oregon 1990 Census and School District Data Book Profiles-Oregon, govinfo.kerr.orst.edu Oregonized MAIN MENU, www.teleport.com/'mindseye/oregon.html City Net.Oregon.United States, www.city.net/countries/united.states/oregon Edge of Oregon, www.europa.com/'edge/oregon.html Welcome to Oregon, www.el.com./To/Oregon Welcome to Oregon On-Line!, www.state.onus 12 u . 07-03-1996410'M2 fly '�FROM'°TOM CANTWELL TO 4821427 P.01 }J Memorandum May, 1996 o: Ashland City Council grom: Oak Street L.I.D. Participants Cantwell, Pugh et, al. Re: Even Handed Treatment Sought 'te some time ago we petitioned the Council for the formation of an L.I.D. to provide certain improvements from the Exxon Station through and around the Armory and antwell's. e did this as the City had no plans for either undergrounding power or upgrading the garbs, gutters, sidewalks or lighting that, as our improvements continued, began to stand nut as shoddy and in need of repair, e were provided with a list of proposed improvements and an allocation based upon our sreet footage. We were additionally told that anyone benefiting from these improvements '%i,ould have to pay their fair share. It was reasoned by the City that since the high-tension lines were on our si - of the street �e would have to pay the lion's share to underground them. r st recently we have noticed that the power lines across the street are also being ergrounded. We feel that as this is a once in a lifetime opportunity such additional undergrounding is indeed appropriate. Ci?ur concerns are as follows: 1. If all the property owners that are now benefiting from the LID had come forth ifvtfally the costs would have been factored much differently, as the physical location of the high-tension lines would have been academic, as whether on one side or the other uIbdergrounding would serve both sides of the street. We were cllaged solely before as it I thought that the other side would choose not to participate. 2. Many of those who refused to be involved with the LID are having their work- now down by the City at little, if any, charge. As the visionaries of the project we now feel 1 1:e fools, being over-charged by the City given the final scope and service of the DD. 3. As a collector Oak Street serves marry citizens at large. Decluttering the viewscape by undergrounding all utilities and upgrading lighting and sidewalks for pedestrian traffic is a visual enhancement for the public and, as such, the City should help pay for these items. Were we located in an industrial park such an argument would carry liftle weight, but our central location and high visibility make us a very real extension of tl�e City core....without the benefits as doles ,t by the Downtown Plan some years ago. The Engineering Department reveals a most recent vehicle trips per day of 3766, thus backing our assertion that the improvements serve and are appreciated by many thousands more than are being charge for the improvements. We hereby request that our LID be reviewed in light of all the changes made and that we receive some solid assistance in the reduction of our charges. We further request that the LAD be not made due and payable should any of us sell a partial interest in or refinance a portion or entirety of our respective properties. I I i I � fl. f Tn 01 P.MP y I J QAV f�c d tio, w - M Constitution of Oregon 1994 EDITION The Oregon Constitution was framed by it copy of the Consllluuou filed In the office of the convention of 60 delegates chosen by the people, Sn•rclary of State Is rclalned unless it has been The convention met oil the third Monday In repealed or superseded ate s bV amWhere August 1857 and adjourned on Seplember 18 of original text has been amended ornwhere a newlhe the same year. On November 9. 1857. 1 he Constitution was approved by the vole of the Provislun has been added to (lie original People of Oregon Territory. 'rile Act of Congress Connlllullon. the source of the amendment or admlttfng Oregon Into the Union was approved addition Is indicated in the source note immedi- February 14. 1859, and on that dale the ately following file text of the amended or new Constitution went into effect. seciion. Notations also have been made setting The Constitution is here published as it Is In ofd the hislnry of repealed sections. effect following the approval of amendments on Unless otherwise specl0cally noted, the lead November 8, 1994. The text o!the original xl lines for the sections have been supplied by the signed Legislative Counsel. Preamble Article 1 Bill of Rights if Suffrage and Elections ill Distribution of Powers N Legislative Department V Executive Department VI Administrative Department VII (Amended)Judicial Department Vil (Original)The Judicial Department Vlll Education and School lands IX Finance X The Militia XI Corporations and Internal Improvenuaus XI-A Faun and home Loans to Veterans XI-D Slate Power Development XI-E Slate Reforestation XI-F(1) Higher Education Building proieels XI-F(2) Veterans' Bonus XI-G Higher Education Institutions and Activities; Community Colleges XI-H Pollution Control - Xl-ifH Water Development Projects XI-1(2) Multifamily Housing for F-Ideily and Disabled Xl-J Small Scale Lemal EnergN loans X11 Slate Printing XIV Seat of Government XV Miscellaneous XVI Boundaries XVII Amendments and Revisions XVIII Schedule t PREAMBLE We the people of the State Of Oregon to the end Ihat Justice be established, order maintained, and liberty perpetualed. do ordain this Constitution. — J 410 1995-96 Oregon Blue Book 1 ARTICLE I opinions on matters of religeon(sic); nor be BILL OF RIGHTS questioned in any Court of Justice touching his religeous(sic)belief to affect the weight of his Sec. 1. Natural rights inherent in people testimony. - 2. Freedom of worship Section 7. Manner of administering oath or 3. Freedom of religious opinion affirmation.The mode of administering an oath. 4. No religious qualification for otnce or affirmation shall be such as may be most 5. No money to h1 appropriated for religion consistent with. and binding upon the conscience 6. No religious 1111 for witnesses or Jurors of the person In whom such oath or affimlafitml 7. Manncr of administering oath or allirmatton may be administered. - 8. Freedom of speech and press Section 8. Freedom of speech and press. No 9. Unreasonable searches or seizures 10. Administration of justice law shall be passed restraining the free expression 11. Rights of accused in criminal prosecution of opinion, or restricting the right to speak, write, 12. Double Jeopardy:compulsory self-incrimination or print freely on any subject whatever; but every 13. Treatment of arrested or confined persons person shall be responsible for the abuse of this 14. Bailable offenses right.- 15. Reformation the basis of criminal law Section 9. Unreasonable searches or seizures. 16. Excessive ball and lines:cruel and unusual No law shall violate the right of the people to be punishments:power ofjury In criminal case secure in their persons, houses, papers, and 17. Jury trial in civil cases effects, against unreasonable search, or seizure; 18. Private property or services taken for public use and no warrant shall issue but upon probable 19. imprisonment for debt cause, supported by oath, or affirmation, and 20. Equality of privileges and immunities of citizens 21. Ex-post facto laws;laws impairing contracts: particularly describing the place to be searched. laws d laws depending on authorization In order In take and the person or thing to be seized.- effecl:laws submitted to electors Section 10.Administration of justice. No 22. Suspension of operation of laws court shall be secret. but justice shall be adminis- 23. Habeas corpus teed. openly and without purchase, completely 24. Treason and Without delay. and every man shall have 25. corruption of blood or forfeiture of estate remedy by due course of law for injury done him 26. Assemblages application eople:instruction of represcnta- in his person, property, or reputation.- lJght to bear to legislature 27. Right to bear arms:military subordinate to civil Section 11. Rights of accused in criminal power prosecution. In all criminal prosecutions, the 28. Quartering soldiers accused shall have the right to public trial by an 29. Titles of nobility:hereditary distinctions impartial jury in the county in which the offense 30. Emigration shall have been committed: to be heard by himself 32. Taxes and duties:uniformity of laxauon and counsel; to demand the nature and cause of 33. Enumeration of rights not exclusive the accusation against him. and to have a copy 34. Slavery or involuntary servitude thereof; to meet the witnesses face to face, and to 39. Sale of liquor by individual glass have compulsory process for obtaining witnesses 40. Penalty for aggravated murder 41. Work and training for corrections institution in his favor: provided. however. that any accused inmates person, in other than capital cases, and with the Section 1. Natural rights inherent in people. consent of the trial judge, may elect.to waive trial We declare that all men,when they form a social by jury and consent to be tried by the judge of the court alone. such election to be in writing; compact are equal in right: that all power is provided. however. that in the circuit court ten inherent in the people.and all free governments members of the jury may render a verdict of guilty are founded on their authority. and instituted for or not guilty. save and except a verdict of guilty of their peace, safety, and happiness: and they have first degree murder, which shall be found only by at all times a right to alter, reform, or abolish the a unanimous verdict. and not otherwise: provided government In such manner as they may think further. that the existing laws and constitutional proper. - provisions relative to criminal prosecutions sha11 Section 2. Freedom of worship. All men be continued and remain in effect as to all prose- shall be secure in the Natural right, to worship cations for(.rimes committed before the taking Almighty God according to the dictates of their effect of(his aniendnient. lconsuhuion of 1859: own consciences. - Amendment proposed by S.J.R. No.4. 1931,and adopted Section 3. Freedom of religious opinion. No by people Nov.8. 1932:Amendment proposed by S.J.R.No. law shall in any case whatever control the free 4, 1933 fed s.s.).and adopted by people May 18. 19341 exercise, and enjoyment of religeous(sic) opin- Note:'1'111 lead line to slctfon 11 was,part of(he. ions, or interfere With the rights of conscience. - measure submitted to the people by S.J.R.No.4, 1933(2d 3.1.1 Section 4. No religious qualification for Section 12. Double jeopardy; compulsory office. No religious test shall be required as a self-incrimination. No person shall be put In qualification for any office of mist or probt. - jeopardy twice for the same offence (sic), nor be Section 5. No money to be appropriated or couipelled in any criminal prosecution to testify religion. No money shall be drawn from the against himself. - Treasury for the benefit of any religeous (sic), or Section 13. Treatment of arrested or theological institution. nor shall any money be appropriated for the payment of any religeous (sic) confined persons. No person arrested. or fined in ail, shall be treated with unnecessary con- services in either house of the Legislative j Assembly. - rigor. - Section 8. No religious test for witnesses or Section 14. Bailable offenses. Offences(sic), jurors. No person shall be rendered incompetent except murder, and treason, shall be bailable by as a Witness, or juror in consequence of his sufficient sureties. Murder or treason, shall not 411 Constitution be bailable, when the proof is evident, or the Section 26. Assemblages of people; presumption strong. - instruction of representatives; application to Section 15. Reformation the basis of legislature. No law shall be passed restraining criminal law. Laws for the punishment of crime .Inv of the inhabitants of the Stale from assem- shall be founded on the principles of reformation. hlfng together in ;I peaceable manner to consult and not of vindictive justice. - for their common good; nor from instructing their Section 16. Excessive bail and lines; cruel Itepicsvt lativcs; nor front applving to the and unusual punishments; power of jury in le•gislaflur lot redress Of grevianres (.sic). - criminal case. Excessive bail shell nut be Section 27. Right to bear arms; military required, not excessive flues Impose(l. Cruel and subordinate to civil power. 'I'hc people shall unusual punishments shall nol be inllicled, but have The 119111 to bear arms lilt the defence (sic)of all penalties shall be proportioned to the of case. themselves. and the Slade. but the Military shall -In all criminal cases whatever• the jury shall be kept fn strict subordination to the civil powerl.l have the right to determine lire law, and the f:le(s Section 28. Quartering soldiers. No soldier under the direction of the Court as to (lie law, and shall. In lime of peace, be quartered fn any house, the right of new trial, as in civil cases. without the consent of the owner, nor in time of Section 17.Jury trial in civil cases. In all civil war, except fn the manner prescribed by law. i cases the right of Trial by Jury shall remain Section 29. Titles of nobility; hereditary inviolate. - distinctions. No law shall be passed granting Section 18. Private property or services anv title of Nobility. ur conferring hereditary taken for public use. Private properly shall not (list fuel tuns. - be taken for public use, nor the particular sox. Section 30. Emigration. No law shall be vices of any elan be demanded. without lust passed prohibiting emigration from the Slate.- compensation; nor except in the case of file stale, Section 31.Rights of aliens:Immigration to state. without such compensation first assessed and h:on+llnHlun ,I I H.59: wpeal propusrd by II.J.R. Ifi, 1969, tendered: provided, that the use of all roads, ways and i floplr'l 1"'people Mary 2r,. 19701 and waterways necessary to promote the trans- Section 32. Taxes and duties; uniformity of i portalfon of the raw products of mine or farm or taxation. No lax or duly shall be imposed without forest or water for beneficial use•or drainage is the consent Of the people or their representatives necessary to the development and welfare of the fu till IA'gislall IYe Assembly: and all taxation shall state and is declared a public use Icmlsul 011lal of be uniform on the same class of subjects within 1859:Amendment proposed by S.J.R. No. 17. 1919,and the Territorial Ifndls of Ilse authority levying the adopted by people May 21. 1920:Amendment pmpost,(I by lax. 10)nulllutlun of 1859:AalelldlIlVat proposed by S.J.R. No.8. 1923,mud adopinl by people Nov. 4. 19241 Il..l.R. No. If, 1917. cud ndupted by proplr.lune 4, 19171 Section 19. Imprisonment for debt. 'There Section 33. Enumeration of rights not shall be no imprisonment for debt, except fn rase exclusive. This enumeration of rights, and privi- of fraud or absconding debtors. - loges shall not he cousin led to impair or deny I� Section 20. Equality of privileges and olhers retained by the people. - immunities of citizens. No law shall be pissed Section 34. Slavery or involuntary servitude. granting to any citizen or class of citzens 'There shall be neither slavery. nor Involuntary privileges. or innnunuies, which, upon the same scrftude In the Stale. otherwise Ihml as a Pon- terms. shall not equally belong to all cfllzens. - Ishnu•nl fill crime, whereof the party shall have j boon (filly convicted. - IAdded Too Bill of Rights as Section 21. Ex-post facto laws; laws impaling un nu inhered.rrllnn by volt ill pruplr al lime of adoption contracts;laws depending on authorization in of tae Orcgnu cnt.snu"uoll 111 acconhaur wfih.ccumi 4 of order to take effect; laws submitted to electors. Article will mei ,11 No ex-post facto law. or law Impairing (it(,obliga- Section 35.Free negroes and mulattoes. IAdded to Bill tion of contracts shall ever be passed, nor shall If Rights a..auuwdlcrcd.ccnnn by vote of people al time any law be passed, the taking effect of which shall of adopuort of 11-0-Will cnnsutuuon In accordance with be made to depend upon arty authority. except as S(''ao1l 4 III Arurle XVIII Iht nwtf liepral prnposrd IIv I 11,1M. Nu. H. 1915,and alluplyd by people Nov. 2. 19261 provided 1t. this Conslllullou: provided, that I:nas section 36. Liquor prohibition. Icrealed Through locating the Capllol of the Stale. Iocaling coltnly In111u11vr pe1111an filed Juke I. 1914,adopted by pcoplr Nov. Seats. and submitting town. and rorporale arts. 3. 1911: Repeal propu.rJ-bv Inlllnihr pellaon Bled Mona( and other local. and Special laws atav lake eliccl, 20. 1933.:"111 adllplyd by prople.Iuly 21. 193:1 or not. Itpon a vole()title electors interested. - Section 36.Capital punishment abolished. Section 22. Suspension of operation of laws. f( wah.d tilt .ugh Initioli,c p'.1111on lied duly 2. 1914, nduplyd by people Nov.;f. lm.l: Itrprnl propusrd by 5..1.12. The operation of Ihr I:nvs shall nrvel'be sus- Nn. H. 19211 I..c 1.:uul nduldrd by people Mnv 21. 1910.as pendecl, except by the AldhorRy of(lie 1,Cgislallve ('Inst.An. 1. 4381 Assembly. Note: AI I il• grnrral rlrvllon In 19 Lt hen srrlioIs.1x111 Section 23. Habeas corpus. The privilege of Ibc- W,Igliawd a,.moon:9{. nrrr rrr:nrd and mided to the ('an,lllunon by sepa'ale Inlllnllve pelltions One of Ihrse writ of habeas corpus shall not be suspended .rcuoll,wt..III,-pnlhdmlon srcuon and ihr auu-r:d,ob 1 unless in case of rebellion• or invasion the public shed,apital Pnnl,h.nrul. safely require it. - Section 36a. Prohibition of Importation of Rquors. Section 24. Treason.Treason against the Stale Wot-atcd Ihrnugh Inulaave petluon filed,1111v 6. 1916. shall consist only in levying war against ft, or adoplyd by p'-ride Nov. 7. 1916: Wili•al proposed by Initielive prnllun Illyd March 20. 1933,and adoplyd by adhering to its enenlles. giving them old ur people.filly 21. 19331 comfort. -No person shall he convicted of ireasoll Section 37. Penalty for murder In first degree. unless all the lesllmonV of Iwo wfluesses lit Ihr k'n:IIrJ Ihrnugh S..I.M. Nn,H, 1920.adoplyd by people same(evert act. or confession in Open CoI311. - Man 21. 1920: IL•pr;d Ilrnporu-d by SA.Ii. Nu.;I, 1963.and Section 25. Corruption of blood or forfeiture .Idopl'd 1" pe,,pic NIT`. •1' 1a6-11 1 of estate. NO ronvlclfon shall work cotta Ilion of Section 38. Laws abrogated by amendment abolishing I death penally revived. k'rraled Ilvuugil ti.rIc blood, or folfcilurc of es4dr. - Nu.H, 1920, nduplyd by people May 21. 1920: Repeal 412 1995-96 Oregon Blue Book I a of the tax base in effect and the amount of the lax (4)The Legislative Assembly shall by law imple- base submitted for approval. The new tax base. if nnenl this section. Notwithstanding sections 1 and approved, shall first apply to the levy for the fiscal 28, Article IV and section la. Article IX of this year next following its approval. Consuonion, the initial legislation, chapter 16, (3)The limitation provided in subsection (1) of Oregon Laws 1987 (Enrolled Senate Bill 278), this section shall not apply to: shall take effect on the effective dale of this (a)That portion of any tax levied which is for secton. (Created through S.J.R.3. 1987.adopted by Mav I9. 19871 1,,.,,1,1,. the payment of bonded indebtedness or inlen•sT Section Ilb. Property tax categories; thereon. P 9 g limitation on categories: exceptions. (1) During (bl'Ibal portion ul any lax Icvicd which is kill(] alter the lscal year 1991-92. taxes imposed specifically voted outside the 1(n byit m imposed upon anv property shall be separated into two the subsection (I) of this section by a majority of categories: One which dedicates revenues raised the legal voters of the taxing unit voting on (he specifically to fund the public school system and question. one which dedicates revenues raised to fluid (4) Notwithstanding the provisions of subsec. government operations other than the public lions (1) to (3) of this section, the following special school syslcnn. The fixes in each category shall be rules shall apply during the periods indicated: limited its set forth in the table which follows and (a) During the fiscal year following the creation these limits shall apply whether the taxes of a new taxing unit which includes properly imposed on properly are calculate(] on the basis previously included In a similar(axing unit. the of the value of that property or on some other new taxing unit and the old taxing unit may not basis: levy amounts on the portions of properly received MAXIMUM ALLOWABLE TAXES or retained greater than the amount ublained by For Fach$1000.00 of adding six percent to the total amount of tax Propertv's Real Market Value 1 lawfully levied by the old taxing unit on the Fiscal Year School System Other than Schools portion received or retained, exclusive of amounts described in paragraphs(a) and (b) of subsection 1991-1992 $15.00 $10.00 (3) of this section• in any one of(lie last three 1992-1993 $12.50 $10.00 years In which site[) it tax was levied. 1993-1994 $10.00 $10.00 (b) During the fiscal year following the annexa- 1994-1995 $7.50 $10.00 lion of additional property to an existing taxing 1996-1996 $ 5.00 $10.00 unit, the tax base of the annexing unit established under subsection (2) of this section shall be and (hereafter increased by an amount equal to the equalized Property tax revenues are deemed to be dedi- assessed valuation of the taxable property in the cared to hording the public school system if the annexed territory for the fiscal year of annexation revenues are to be used exclusively for educa- multiplied by the mlllage rate within the tax base tional services, including support services. pro- of the annexing unit for the fiscal year of annexa- vided by some unit of government, at anv level Lion, plus six percent of such amount. from pre-kindergarten through pos(-graduate let Whenever any taxing(mil merges with one training. or more other taxing units without expanding its (2)'I'll(, following deflnilions shall apply to this territory. in the first fiscal veal of the merger• the seclinn: lax base of the merged (axing unit shall be equal (;d "Read market value" is the ndnhnum :unount (o the lax bases of all of fhe taxing units Included in rash which could reasonably be expected by an in (]tie merger for the prior fiscal year, plus six infin-nu•d seller along Without Compulsion. 11-0111 percent thereof. an Intimated bu-ver acting willund compulsion, in (5)The Legislative Assennbiv nay provide for the an "arms-length" Transaction during the period for time and manner of calling and holding elections which the property is lazed. authorized under this section. however. the (b) A"tax- is anv charge imposed by a govern- . question of establishing a new tax base by it mental unit upon properly or upon a property taxing unit other than (he s(a(e shall be subnd(- owner as it direct consequence of ownership of led al a regular statewide general or primary That limpet(v except incurred charges acid assess- election. [Created through S,J.R. No. 71. 1061.adopted penis lip local in 1proventelus. by people Nov.6. 1962(this section adopted to lieu ut fonner sceion I I of this Artielrl:Anu•ndne•nt pnpna....11, (e) "Inrun'ed charges" include and are specifi- 11.J.R.28, 1985 and adopted he people Mop 20. 19861 rdlV Balled in Ihuse charges by government Section Ila. School district tax levy. which (.kiln be conlrolled or avoided Iry the (1) Notwithstanding section I 1 of This Article, in property owner. any year. a school district may levv ad valorruu (i) because the charges are based on (lie property taxes for operating Purposes In an quantity of the goods or services used and (lie amount that. together with other levies, is not owner has direct control over the quantity: or 1 In excess of the amount levied for operaling (oil hecauw• Ihr goods or services are provided purposes in (lie preceding year Only un the specific request of the proper(v owner: (2)A levy referred to In subsection (1) of(tits or section shall not be considered in de(ennining (Iii) because the goods or services are provided the limitation imposed under sec con I I of this by the governmental unit only after the individual Article. properly owner has failed to meet routine obliga- (3) Notwithstanding subsection (fi) of section 11 (tons of ownership and such action is deemed of this Article, the question of establishing a new necessary (u enforce regulations pertaining to lax base by a school district may be subndRed health or sale(v. only once annually on it (lane specified by the Incurred charges shall not exceed the actual Legislative Assembly. costs of providing the goods or services. 434 1995-96 Oregon Blue Book will iiiiiiiiiiiiiiiiiiiiiiiiiiiiiii (d) A"local iniprovenient" is it capital construe.- prohibited by the Implementation of the limita- tion project undertaken by it governmental unit lions imposed by section 11 b of this Article. (I)which provides a special benefit only to (Created through initiative petition Illed May 8. 1990. specific properties or rectifies a problem caused adopted by people Nov.6, 19901 by specific properties, and Section l Ie. Severability of sections I lb, (it) the costs of which are assessed against those I lc and l Id. If any portion, clause or phrase properties fn a single assessment upon the con- of sections I Ib to I le of this Article is for any pletion of the project, and reason held to lit' Invalid or unconstitutional by a court of competent jurisdic(ion, the remaining (Ili) for which (lie payment of the assessment portions, clauses and phrases shall not be plus appropriate interest may be spread over a affected but shall remain in full force and effect. period of :11 feast Ico years. jUo.;nvd Ihnnlgll hlil tall".pellllou fled May H. 1990, The Iulal of all assessments for it local fmprove- udopu0 Iry p,ylv Nar.6, 19901 Client shall not exceed the actual costs incurred Section l If. School district tax levy following by (he governmental unit in designing, construct- merger. (1) It it school district merges with one or ing and financing the project. more other school (fishnets and the merger is first (3)The limflations of subsection (I) of[[its ellecth•e lot a Iisc:d year beginning on or after section apply to all taxes imposed on property January 1. 1991, the tax base of the school or properly ownership except district shall be equal to the sum of the lax base (a)Taxes imposed to pay the principal and amounts for each of lilt- school districts included Interest on bonded indebtedness authorized by in the merger. as otherwise determined under a specific provision o'this Constitution. subsection (2) of section 1 1 of this Article. (b)Taxes imposed to pay the principal and (2) Subsection (4) of section 1 I of this Article interest on bonded indebtedness incurred or to does not apply to a school district. The legislative be incurred for capital consu'uction or unpruve- Assembly shall enact legislation to cat ry ()it( the menus, provided (he bonds arc offered its general provisions of this section, including the circui - obligations of the issuing governmental unit all(( slances under which mergers occur. (Created provided further that (!titter the bonds were issued Ibnmgh I I.,l.H. 1.1. 1!111!).;olopted by people Nov.ti. 19901 not later than November b. 1990, of Illc question Note: Se,our I It way drvlgllaled its"Se•('liun 1 It*by of the issuance of the specific bonds has been I I.,l.H. Id. 1989.;uloph-d by people Nov.6. 1990. approved by the electors of(hc Issuing govern- Section 12. Peoples' utility districts. Peoples mental unit. Utility Districts may be created of territory, (4) In (he event that taxes authorized by any ccmluguons or otherwise, within one or more provision of this Constitution to be imposed upon cmunhes. and may consist of an incorporated any property should exceed the limitation municipality. or municipalities. with or without imposed on either category of taxing units defined uulfncorpor:ned territory, for the purpose of in subsection (1) of this section, then, notwith_ supplying water for domestic and municipal standing any other provision of this Constitution. purposes: for the development of water power the (axes imposed upon such property by the and/or cleclric energy: and for the distribution, (axing units fn that category shall be reduced disposal and sale of water, wafer power and evenly by the percentage necessary to meet the cleclric energy. Such districts shall be managed limitation for that category. The percentages used by boards of clireclois, consisting of five members, to reduce the taxes imposed shall he calculailed who shall be residents of such districts. Such separately for each category and may vary from districts shall have power: property to properly within the same taxing unit. (a)To call and hold elections within their The limitation imposed by ([its section shall not respective districts. affect the tax base of it taxing unit. (b)To levy lazes upon the taxable property of (5)The I.egislalive Assembly shall replace from such districts. the State's general fluid anv revenue lost by tit(! (c)']'a issue, sell and assume evidences of public school system because of the limitations of indebtedness. this section.The Legislative Assembly Is autho (d)To enter into contracts. rized, however, to adopt laws which would limit the total of such replacement revenue plus the (t-•)To exercise the power of eminent domain. taxes imposed within (he Ifmflations of this (1)To acquire and hold real and other property section fn any year to the corresponding total fin' necessary or incident to (he business of such the previous year plus 6 percent.This subsection distl icts. applies only during fiscal vears 1991 92 through (g)To acquire, develop, and/or otherwise pro- 1995-96. inclusive. Icrcaled ll000gll foalauve I'voc o v. I liar a suppiy of water, water power and tiled May H. 1990,adopted 1!y people Nov. G, 19901 electric energy. Section l limits Limits ti addition to other Such districts may sell, distribute and/or limits. adds The limos li section I e of this Article are otherwise dispose of water, water power and in addition to any limits imposed on individual elec(rfc energy within or without the territory taxing arils by this Constitution. IC'(1 lo' uufly of such districts. initlallve petition filed May R. 199(1. adopted by people - Nov. 6. 19901 The legislative assembly shall and the people Section 11d. Effect of section I lb on may pruvidc any legislation• that may be neces- exemptions and assessments. Nothing in sec- nary, to addition to exis(ing laws, to carry out the [ions I lb to 1 Ie of this Article is intended (o provisions of this section. jerealed through Initialive require or to prohibit Ilic amendment of ony pctiliun Itled.hdy 3. 1930.adopted by penpfe Nov.4. 19:301 current statute which partially or loudly exempts Section 13. Interests of employes when certain classes of property or which prescribes operation of transportation system assumed special rules for assessing certain classes of by public body. Notwithstanding the provisions property, unless such amendment is required or of section 20,Article I, section 10, Article VL and Constitution 415 constitution until otherwise provided by law, the the legislative assembly at any time after five days person or persons receiving the highest number of from the beginning of the first session after the votes shall be declared elected, but provision may election of the senator or representative. be made by law for elections by equal proportional representation of all the voters for every office (7)After one such petition and special election. which is filled by the election of two or more no further recall petition shall be filed against the persons whose official duties, rights and powers same officer during the term for which the officer are equal and concurrent. Every qualified elector was elected unless such further petitioners first resident In his precinct and registered as may be pay Inlo the public treasury which has paid such required by law, may vole for one person under special elecHon expenses, the whole amount of its the Lille for each office. provision may be made by expenses for the preceding special election. law for the voter's direct or Indirect expression of (8) Such additional legislation as may aid the his first, second or additional choices among the operation of this section shall be provided by the candidates for any office. For an office which Is legislative assembly, including provision for filled by the election of one person it may be payment by the public treasury of the reasonable required by law that the person elected shall be special election campaign expenses of such the final choice of a majority of the electors voting officer. But the words. "the legislative assembly for candidates for that office.These principles shall provide,"or any similar or equivalent words may be applied by law to nominations by political in this constitution or any amendment thereto. parties and organizations. fcoilstdotion of 1859: shall not be construed to grant to the legislative Amendment proposed by Initiative petition fled assembly any exclusive power of lawmaking nor Jan.29, 1908,and adopted by people June 1. 19081 in any way to limit the initiative and referendum Section 17. Place of voting.All qualified powers reserved by the people. [Created through electors shall vote in the election precinct in the Initiative petition fled Jan.29, 1908,adopted by people County where they may reside. for County June L 1908:Amendment proposed by S.J.R. Officers, and in any County in the Stale for Slate No. 16. 1925.and adopted by people Nov.2. 1926; Officers, or in any County of a Congressional amendment proposed by H.J.R. No. 1. 1983,and adopted District In which such electors may reside, for by people Nov.6, 19841 1 Members of Congress. — Note:The word"Recall'constituted the lead line.to section 18 and was a part of the measure submitted to the Section 18. Recall; meaning of words "the people by S.J.R. No. 16. 1925. legislative assembly shall Provide." (1) Every Section 19. Limits on Oregon Terms.To Public officer In Oregon is subject, as herein promote varied representation, to broaden the provided, to recall by the electors of the stale or of opportunities for public service. and to make the the electoral district from which the public officer electoral process fairer by reducing the power of is elected. incumbency, terms in Oregon elected offices are (2) Fifteen per cent, but not more, of the limited as follows: number of electors who voted for Governor in the officers electoral district at the most recent the a person shall serve more than six years in election at which a candidate for Governor was Oregon House of Representatives. eight years in the Oregon Senate. and twelve years in the elected to a full term, may be required to file their Oregon Petition demanding the officer's recall by the Legislative Assembly In his or her lifetime. people. (2) No person shall serve more than eight years In each Oregon statewide office in his or her (3)They shall set forth in the petition the lifetime. reasons for the demand. (4) If the public officer offers to resign, the (3) Only terms of service beginning after this Act resignation shall be accepted and lake effect on [sections 19 to 21 of this Article] goes into effect the day It is offered, and the vacancy shall be [December 3, 19921 shall count towards the limits filled as may be provided by law. If the public of this Section. officer does not resign within five days after the (4) When a person is appointed or elected to NI Petition is filed, a special election shall be ordered a vacancy in office, then such service shall be to be held within 35 days in the electoral district counted as one term for the purposes of this to determine whether the people will recall the Section. Officer. (5) A person shall not appear on the ballot as a (5) On the ballot at the election shall be printed candidate for elected office or be appointed to fill a in not more than 200 words the reasons for vacancy in office if serving a full term in such demanding the recall of the officer as set forth In office would cause them to violate the limits in the recall petition, and, in not more than 200 this Section. t words, the officer's justification of the officer's (6)This Section does not apply to judicial course in office. The officer shall continue to offices. [Created through initiative petition fled perform the duties of Office until the result of the April 23. 1991,and adopted by the people Nov.3. 1992.1 special election is officially declared. If an officer is Note:She lead Ilse to section 19 was a part of the recalled from any public office the vacancy shall measure proposed by initiative petition fled April 23, 1991, be filled immediately in the manner provided by and adopted by(lie people Nnv.3, 1992. law for filling a vacancy In that office arising 6om Section 20. Limits on Congressional Terns. any other cause. To Promote varied representation, to broaden the (6)The recall petition shall be filed with the opportunities for public service, and to make the officer with whom a petition for nomination to electoral process fairer by reducing the power of such office should be filed, and the same officer incumbency, terms in the United Stales Congress shall order the special election when it is representing Oregon are limited as follows: required. No such petition shall be circulated (1) No person shall represent Oregon for more against any officer until the officer has actually than six years in the U.S. House of Represen- held the office six months, save and except that It tatives and twelve years in the U.S. Senate ht his may be filed against a senator or representative in or her lifetime. 416 1995-96 Oregon Blue Book (b) Drawing and summoning grand jurors from punishable as a felony of a crime if vnlving word the-regular Jury list at any time, separate from the turpitude; or panel of petit Jurors; (b) Wilful misconduct in a Judicial office where (c) EmpaneRng more than one grand Jury in a such misconduct bears a demonstrable relailon- county: and ship to the effective performance of judicial duties: (d)The sitting of a grand Jury during vacation as or (c)Wilful or persistent (allure to perform ed m )udli. well as session of the court. (2) A grand Jury shall consist of seven Jurors duties; or chosen by lot from the whole number of Jurors in (d) Generally incompetent perlimnanec of attendance at the court, five of whom must Judicial duties: or concur to find an indictment. (e)Wilful violation of any rule of judkial conduct (3) Except as provided In subsections (4) and as shall be established by the Supreme Court:or 15) of this section, a person shall be charged in (q Habitual drunkenness or illegal use of a circuit court with the commission of any crime narcotic or dangerous drugs. punishable as a felony only on indictment by a (2) Notwithstanding section 6 of this Article, the grand Jury. methods provided in this section, section la of (4)The district attorney may charge a person this Article and in section 18.Article n of this on an Information filed in circuit court of a crime Constitution, are the exclusive methods of file punishable as a felony if the person appears removal, suspension, or censure of a judge. before the judge of the circuit court and know- (Created through S.J.R.No.9. 1967,adopted by people ingly waives Indictment. Nov.5, 1968:Amendment proposed by S.J.R. No.48. 1975.and adopted by people May 25. 19761 filed L (5)The district di may charge a person Section 9. Juries of less than 12 jurors. on an information filed circuit court I after a preliminary hearing before ore a magistrate, the Provision may be made by law for Juries consist- person has been held to answer upon a showing ing of less than 12 but not less than six jurors. of probable cause that a crime punishable as a NCorre aced gthrough S.J.R.No. 17, 1971,adopted by people felony has been committed and that the person has committed It, or if the person knowingly ARTICLE VII (�I7glriaj� waives preliminary hearing. (6)An information shall be substantially In THE JUDICIAL DEPARTMENT the form provided by law for an indictment.The Note: original Article VIh compiled below, has sit district attorney may file an amended Indictment been lamed r art b amended Article VII or Information whenever, by ruling of the court, and s art b statue s enacted by the legislative an indictment or information Is held to be deice- Assembly.The provisions of original Article VII five in norm. (7) In civil cases three-fourths of the Jury may relating to courts.Jurisdiction and the judicial render a verdict. ICreated through S.J.R. No. 1. 197a system, by the terms of section 2 of amended. Article V11, are given the status of a statute and and adopted by a r section 5 people Nov.5, 1974(tills tell sectlun adopted are subject to change by statutes enacted by the In Ilea of forme Legislative Assembly. except so far as changed by Section 8. incompetency I encc y o or r.malfeasance of amended Article VII. public officer. Public officers shall not be sec I. Courts in which Judicial power vested impeached; but incompetency, corruption. 2. Supreme Court malfeasance or delinquency in office may be tied 2, Terms of olnre of Judges in the same manner as criminal offenses. and 4, Vacancy judgment may be given of dismissal from office, 5. Chief Justice and such further punishment as may have been 6. Jurisdiction prescribed by law. [Created through initiative petition 7. Teno of Supreme Court;statements of decisions Ned July 7. 1910,adopted by people Nov.8, 19101 of court Section 7. Oath of office of Judges of 8, circuit court Supreme Court. Every Judge of the supreme 9. Jurisdiction of circuit courts court, before entering upon the duties of his 10. Supreme and circuit Judges:election in classes office, shall take and subscribe, and transmit to 11. County Judges and terns of county courts the secretary of stale, the following oath: 12. Junsdictlon of county courts:county eommisslancrs "I' , do solemnly swear(or affirm) 13 writs granted by county Judge:habeas corpus that I will support the constitution of the United proceedings States, and the constitution of the State of 14. F,xpenses of court in certain counties Oregon, and that 1 will faithfully and impartially 15. County clerk; recorder discharge the duties of a Judge of the supreme 16. Sheriff court of this stale. according to the best of my 17. Prosecuting attorneys ability, and that I will not accept any other office, 1s. official delinquencies except judicial offices, during the term for which 1 20. Removal of Judges of Supreme Court and have been elected." [Created through Initiative petition prosecuting attorneys from office filed July 7, 1910,adopted by people Nov.8, 19101 21. Oath of office of Supreme Court Judges Section 8. Removal, suspension or censure of Section 1. Courts in which Judicial power judges. (1) In the manner provided by law, and vested.The Judicial power of the State shall be notwithstanding section 1 of this Article, a judge vested in a Supreme (sic) Court. Circuits(sic) of any court may be removed or suspended from Courts, and County Courts, which shall be Courts his judicial office by the Supreme Court, or of Record having general Jurisdiction, to be censured by the Supreme Court, for: defined, limited, and regulated by law in accor- (a) ,Conviction in a court es this or any other Peace may also be investetd with limited Jud cial slate, or of the United States, of a crime Y 427 Constitution • centralized source of geologic intbrma- Nature of the Northwest Lion that can be used by the public and Information Center by govemment to reduce the future loss of life and property due to earthquakes, 800 NE Oregon St-#5.Sit,. 177, Poithaid 97232: Tsunamis, coastal erosion and other 7.31-4444: Fav: 7.3/-4066 geologic hazards. The department lacili- The information center is operated by tates the preparation and release of the Department of Geology and Mineral geologic maps that provide the frame- Industries on behalf of other state nat- work for understanding hazards, such Ural resource agencies to partnership as earthquakes. It serves as a cost ellcc- with the USDA Forest Service. The center tive steward of mineral production• with provides one,-stop shopping for natural attention paid to environmental. recta- resource, natural science, and outdoor station, conservation, and related eco- recreation maps. books, and brochures nomic, engineering, and technical (some for sale. some free), produced issues. It is the lead regulator for gco- primarily by slate, federal and local logic resources (oil; gas: geothermal government natural resource agencies. energy; metallic and industrial minerals; wid sand, ravel, and crushed The department's Mined Land Government StandardSran Reclamation Program, located at 1536 Practices Commission °„' Queen Ave. SE. Albany, phone (503) 967-2039, is the lead coordinating L. Patrick Hearn, Exec. Dir. agency for state mining regulation. oper- 100/li,gh St. SE,Ste. 220.Salem 973111; 378- ating through an interagency team- 5/05:Fm: 37.3-1456 permit process. In Oregon, exploration Dr. Thompson Faller, chair. Portland. and operating permits and bonds are 1995: Timothy A. Dailey, Klamath Falls. required to ensure reclamation of land 1996: Ito Bonvhach. Portland. 1998: disturbed by mining. Donald Dole. Roseburg, 1995; Peter S. The department emphasizes infonna- Gray, Portland. 1997; Rabbi Joshua tion dissemination as a public service Stampfer, Portland, 1997; Jean B. Tate, and objective use of geologic data to Eugene. 1995. assist in policy development is a key The Oregon Government Standards goal. Accurate geologic information is and Practices Commission (GSPC), effectively provided to the public through established by vote of the people in publications and release of electronic 1974, is a seven-member citizen data and through deparintcn( parlicipa- commission charged with enforcing tion in and coordination with state, Government Standards and Practices federal, and local governmental natural (ethics) laws. Government standards and resource agencies as well as with indus- practices laws are intended to assure try and other private sector groups. The that public officials do not violate public department's geologic library is it special- trust. The GSPC also enforces lobbying ized central repository for both published laws and some provisions of public and unpublished state geologic informa- meeting laws. In 1993, the Legislature lion. Technical and non-technical publi- changed the commission's name from cations are available at the Naturc of the Oregon Government Ethics the Northwest Information Center in Commission to the present name. Portland and at the department's field r- .... ._.. 5 . q-� offices in Baker City and Grants Pass. Hearing Mid Dealers,, r Geology and Mineral Industries Advisory Council for:: Governing Board susan Wilson, Admin. Ronald K. Culbertson, chair, Myrtle 700 Slonmer 57. NE.Sit,. 100.Salem. 973/0: Creek. 1996; Jacqueline Haggerty- 37S-S667 Foster, Weston Mountain. 1995: John David Lilly, chair. Portland, 1995; Joe N. Stephens, Portland. 1997. The gover- Boatman. Salem, 1996: Gayle Jacobson, nor appoints members to four-year The Dallcs. 1996: Scan McMenomcy, terms. The Stale Geologist is appointed Portland. 1996: Norman Rose. Salem, by the governing board. 1995: Lois Witherspoon. Salem. 1994. Executive 69 ORDINANCE. NO . AN ORDINANCE OF THE CITY OF .ASHLAND, OREGON ADOPTING A UTILITY USER TAX UPON THE USE OF ELECTRIC FACILITIES AND SERVICES ; AND DECLARING AV EMERGENCY . THE PEOPLE OF THE CITY OF .ASHLAND DO ORDAIN AS FOLLOWS : SECTION 1 . A new Section 14 . 16 . 070 shall be added to the Ashland Municipal Code to read as followrs : "14 . 16 . 070 . The billings for rates and charges set forth in Sections 14 . 16. 030 to 14 . 16 . 060 inclusive of this chapter , shall be discounted by twenty percent. (20%) "Rates " and "Charges " , as used herein, shall mean charges for metered energy, minimum charges for service , demand charges , customer charges , service charges , capacity charges , standby charges , use-of-facilities charges , and all other annual or monthly charges . This section shall not apply to agencies of the United States Government , the State of Oregon, or any other utility customer exempted by law from the payment of the utility user tax set forth in Chapter 4 . 28 of the Ashland Municipal Code . " SECTION' 2 . A new Chapter 4 . 28 shall be added to the Ashland ??tulicipal Co e to read as follo, s : "Chanter 4 . 2S Utility User Tax Sections : 4 . 28 . 010 Definitions 4 . 23 . 020 Tax Imposed 4 . 28 . 030 Exemptions 4 . 28 . 040 Payment and Collection of Tax 4 . 23 . 050 Actions to Collect 4 . 28 . 060 Duty to Collect Procedures 4 . 28 . 070 Powers and Duties of Director of Fi.r.ance 4 . 28 . 080 Refunds , Erroneous Pavments 4 . 23 . 090 Effective Pate 4 . 25 . 010 Definitions . Except where the context otherwise requires , t ee d�initions contained in this section shall govern the construction of this chapter : A . Person shall mean anv indi.vidual , firm.. nartnersllip , joint venture , association , social club , fraternal organization , joint stock company , corporation , estate trust , business trust , receiver, trustee , syndicate, Massachusetts business or common law trust , society, or any other group or combination acting as a unit . B . City shall mean the City of Ashland . C . `1011th shall mean a calendar mont!1 . D. Service User shall mean any person required to pay the tax imposed under provision of this ordinance . E . Charges shall mean metered energy , minimum charges for service , demand cah rges , customer charges , capacity charges , standby charges , use-of- facilities charges , and all other annual or monthly charges . 4 . 28 . 020 Tax Imposed . There is hereby imposed a tax upon every person in tTie City using electric energy or services within the City . The tax imposed by this section shall be at the rate of twenty- five ( 2S%) of the charges for such energy and services , and shall be paid by tae person paying for such energy or services . 1. 4 . 28 . 030 Exemptions . Nothing in this ordinance shall be con- strued as imposing a tax upon any person when the imposition of such tax upon that person would be in violation of law . 4 . 28 . 040 Payment and Collection of. Tax. The tax imposed by this chapter shall e collecte rom the service user at the time that pay ment is made for charges for electric energy or service . 4 . 38 . 050 Actions to Collect . Any tax required to be paid by • service user under the provisions of this Chapter shall be deemed • debt owed by the service user to the City. The director of Finance may take such actions to secure payment as provided in Section 14 . 12 . 05,- of tile Ashland "Municipal. Code . 4 . 28 . 060 Duty to Collect . Procedures . The dutv to collect and remit ETc taxesmnos—lee ;y ttis an*_er s: all be performed as follo.a A . The taxes imposed by this Chanter shall be collected insofar as practicable at the same time as , and along with , the charges nade in accordance with regular billing practice of the City . Except in those cases where a service user pays t'he full amotmt of said charges but does not pay any portion of a tax imposed , or where a service user has notified the City that he is refusing to pay a tax imposed which the City is required to collect , if tike amount paid by a service user is less than the full amount of the charge and tax which has accrued for the billing period , a proportionate share of both t.'he charge and the tax shall be deemed to gave been paid . 13 . 'Tile duty to collect tax from a service user shall com!eence with the beginning of the first regular billing period applicable to that _person which starts on or after tie operative elate of this Chap- ter . Where a person receives more than one billing, one or more bcirh}: For different periods than another , the duty to collect shall arise separately for each billing period . 4 . 28 . 070 Powers and Duties of Director of Finance . The Director of Finance of City shall have the Dower 'and duty , and is hereby dir- ected to enforce each and all of the provisions of this Chapter . The Director of Finance, subject to the prior approval of the City :Vdnnin - istrator and City Attorney , shall have lat.ions not inconsistent with the provisions n ' 1 , purpose of carrying out and enforcing the payment , collection and remittance of the taxes herein imposed; and a copy of such rules and regulations shall be on file and available for public examina- tion in the office of the Director of Finance . 4 . 28 . 080 Refunds . Erroneous Payments . A. Whenever the amount of any tax has been overpaid or paid more than once or has been erroneously or illegally collected or received by the Director of Finance under the provisions of this Chapter, it may be refunded or the bill corrected . A claim in writ- ing shall be filed with the Director of Finance within three (3) years of the date of payment stating under penalty of Perjury tile specific grounds upon which the claim is founded . R . No refund shall be paid under the provisions of this section or a bill corrected unless the claimant establishes his right thereto by his written records shoring entitlement thereto . 4 . 28 . 090 Effective Date . Inasmuch as it is necessary to enact the tax provisions_o Tis Chapter beginning with the next billing cycle following the adoption of this Chapter in order to preserve the public health, safety and general welfare , an emergence is hereby declared to exist and this ordinance shall. be effective upon its passage by the Council and approval by the Mayor . The foregoing ordinance was first read on the day of April , 1976 , and duly PASSED and ADOPTFD this '.`.,re day of 1976 . JosepE7147. BUtler City Recorder SIGNED and APPROVED this '- day of 1976 : 'nary t„ Pri:c ..ett - 'layor PUBLIC FORUM: Business from the audience not included on 1 agenda limited to 3 minutes g ( per speaker and 15 minutes total) . Sherman Gardner, 615 Faith Avenue, asked for information on users' fee on electric utility bills. Questioned legality of electric users' fee in relation to Measure 5 requirements. Council asked City Attorney to respond in writing to Mr. Gardner. UNFINISHED BUSINESS 1. Report from Director of Public Works and Finance Director on alternative methods of bonding improvements to Water Filtration Plant. Public Works Director Steve Hall presented information on improvements necessary for the water filtration plant. Finance Director Jill Turner presented information on the alternative methods of bonding available. Robert Avalon, 276 B Street #4, presented information on ozone treatment processes. Hall responded that the Federal Drinking Water Act requires chlorination of our water. Hall will review information and report back to Council and Mr. Avalon.. Councillors Laws/Hauck m/s to choose revenue bond approach to funding. Roll call vote: Laws, Reid, Hauck, Acklin, Arnold YES. Laws/Hauck m/s adoption of Resolution 94-15. Roll call vote: Laws, Reid, Hauck, Acklin, Arnold YES. NEW AND MISCELLANEOUS BUSINESS 1. Memo from Director of Public Works concerning request by Airport Commission for approval of amendment to the General Aviation Minimum Standards for the Ashland Municipal Airport. Public Works Director Steve Hall presented information on the amendments and explained need for changes. Councillors Hauck/Laws m/s approval of amendments. Roll call vote: Laws, Reid, Hauck, Acklin, Arnold YES. Consent Agenda items: 3 . City Administrator's monthly report. Cathy and Don Laws work on this. - 2 C I T Y O F A S H L A N D ``( C I T Y H A L L ASHLAND,OREGON 875M telephone(wde S03){52-3211 . March 24, 1994 Sherman Gardner 615 Faith Avenue. Ashland, OR 97520 At the council meeting on March 15, 1994, you asked several questions of the council regarding the city's utility tax and how the tax complies with the property tax limitation in Article XI, §11b of the.Oregon Constitution. The limits on taxes imposed by this constitutional provision do not apply to the city's utility tax. The constitutional limitation applies only to property taxes. The utility tax is not a property tax. The constitutional provision defines a property tax as a tax imposed on property or a property owner as a "direct consequence of ownership." The city's utility tax is imposed on the occupant or customer and is not charged against the property. Even if the utility tax were considered a property tax, the constitution exempts the tax because it is an "incurred charge." An "incurred charge" is a charge imposed by a governmental unit which can be "controlled or avoided" by the property owner. A property owner may "control or avoid" a charge if the owner can affect the amount of a charge imposed or can take action to avoid its imposition. Even if the utility tax is considered a property tax, the total of property taxes imposed by the city does not begin to approach the constitutional maximum of ten dollars per thousand dollars of assessed valuation. City property taxes are well below five dollars per thousand. I hope this explanation regarding the city's utility tax answers your concerns and would ask that you contact me if I can be of any further assistance to you. Paul Nolte City Attorney c: Brian Almquist, City Administrator Wdeily\Oerdner.ltrl