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HomeMy WebLinkAbout1908-03 Proposing Charter AMND Article 7 RESO 1908-03 Proposing Charter Amendment-Article 7 . o i R E S 0 L U T I 0 N. i A resolution proposing an amendment to Article 7 of the Charter of the City of Ashland, Oregon. i , BE IT RESOLVED, by the common council of the City of Ashland, Oregon, that the following amendment to Article 7 of the Charter of said city be and the same is hereby proposed for submission to the legal voters of said city at a special election to be held as here- . irafter specified: ' I CHARTER AMENDMENT TO BE SUBMITTED TO THE VOTERS BY THE COMION COUNCIL: An Act to amend Article VII of that certain Act of the Legisla* tive Assembly of the State of Oregon, filed in the office of the ~ Secretary of State October 14, 18982 entitled "An Act to amend an i abt entitled 'An Act to incorporate the City of Ashland in Jackson i County, Oregon, and to define the power thereof' filed in the office of the Secretary of State February 21, 1889, and the acts approved . I February 25, 1895, amending the same", as amended by that certain act of said Legislative Assembly approved February 15, 1901, entitled "An Act to amend an act entitled 'An Act to amend an act entitled'An act to incorporate the City of Ashland of Jackson County, Oregon, and define the power thereof' filed in the office of the Secretary of i i State October 14, 189811, and as also amended by Section 5 of an act a-pprcved January 50, 1903, entitled "An Act to amend an act entitled 'An act to amend an act entitled 'An Act to incorporate the City of Ashland, Oregon, and define the power thereof', filed in the office A of the Sccretary of State Feb. 21, 1889 and the,acts approved i Fevruary 25, 1895, amending, the same, filed in the office of the`' Secretary of State Oct. loth, 1898," and as also amended by section 5 of an act of said assembly approved February 3rd, 1903, entitled "An Act to amend an act entitled ' An Act to amend an act to incorpo- irate the dity of Ashland, Oregon, and define the power thereof', filed in the office of the Secretary of State February 21, 1889, and the acts approved February 25, 1895, amending the same, filed in the office of the Secretary of State Oct, 14, 1898 and as also amended by that certain act of the Legislative Assembly of the State of Oregon filed in the office of the Sacretary of State Feb. ln, 1905, entitled " An Act to amend sections 5 and 19 of A-rtiele VII of an act entitled ' An Act to amend an act entitled an act to incorporate the city of Ashland in Jackson County, Oregon, and define the po:,rer thereof', filed in the office of the Secretary of State Feb. 21, 18892 and the act approved Feb. 23, 1895 amending the same ar_d the act amend- ing the same, filed in the office of the Sacretary of State Oct. 142 1:398, and the act approved Feb. 15, 1901, amending the same", and as also amended by that certain chart+r amendment.submitted by the common council. of the City of Ashland to the qualified electors of said City of Ashland under a resolution adopted by the council of said city and approved by the mayor on the 18th day of August, 1908, and vpted upon at a special election called for such purpose on Sept. y 8th, 19082 the ballot title upon such measure being 't An Act to amend p subdivision 12 of Section 1 of Article VII of the Charter of the City of Ashland as amended by an act of the'JLegislative Assembly of Oregon approved January 30, 1903, filed in the office of the Secretary of State January 31st, 19030 so as to authori--e tiie co-Lmon council to issue the bonds of said city to the amount of Thirty Thoud.and($30,000) Dollars for the purpose of purchasing or constructing and operating an electric light and power plant to be owned and operated by said city which said Thirty Thousand Dollars($30,000) shall be in addition to the Fifty Thousand ($50,000) bond issue heretofore authorized for such purpose" BE IT ENACTED BY THE PEOPLE OF~THE CITY OF ASHLAND; That Article VII, of that certain act of the legislative assembly of the State of Oregon, filed in the office of the Secretary of State October 14, 1898, entitled"an act to amend an act entitled'an act to incorporate the City of Ashland in Jackson County, Oregon, and to define the power thereof', filed in the office of the„Secretary of State February 21, 1889, and the acts approved February 25, 1895, amending the same," as amended by that certain act of said legislative assembly approved February 15, 1901, entitledflan:.act to amend an act entitled an act to ` amend an act enti-fled an act to incorporate the City of Ashland of Jackson County, Oregon, and define the power thereof *filed in the office of the Secretary of State , October 14 1898, and as also amended by Section 5 of an act approved. January 30, 1903, I ztitled~an act to amend an act entitled an act to amend an act entitled an act to incorporate the City of Ashland, Oregon, and define the power. thereof, filed in the office of the Secretary of State February 21, 1889, and the acts approved February 25, 1895P amending; the same filed in the office of the Secretary of State b October 14, 1898, and as also amended by Section 5 of an act of ~r said. assembly approved February 3, 1903, entitled an act to amend an act entitled Ian act to amend an act to incorporate the City of Ashland, Oregon, and define the power thereof, filed in the office of the Secretary of State February 21, 1889, and the acts approved February 25, 1895, amending the same, filed in the office of the Secretary of State October 14, 189811, and as also amended by that certain act of the legislative assembly of the State of Oregon filed in the office of the Secretary of State February 10, 1905, u entitled an act to amend Sectios 5 and 19 of Article VII. of an -1- i I I an act to amend an act entitled act entitled. an act to incorporate the City of Ashland in Jackson i n County,.Oregon, and define the powers thereofr , filed in the office of the Secretary of State February 21, 1889, and the act approved A February 25i 1895, amending the same, and the act amending the same filed in the office of the Secretary of State October 14, it 1898, and the act approved February 15, 1901, amending the same, and as also amended by that certain charter amendment Submitted by the Common Council of the City of Ashland to the qualified electors of said City of Ashland under resolution adopted by the Council of said City and approved by the Mayor on the 18th day of August, 1908, and voted upon at a special election called for such purpose on September 81 1908, the ballot title upon such r/ measure being an act to amend sub-division 12 of Section 1 of Article VII, of the Charter of the City of Ashland as amended by an act of the legislative assembly of Oregon approved January 30, 1903, filed in the office of the Secretary of State January 31, 1903, so as to authorize the Common Council to issue the bonds of said City to the amount of Thirty Thousand Dollars (30,000) for the purpose of purchasing or constructing and. operating an electric light and power plant to be owned and operated by said City, which said Thirty Thousand Dollars ($30,000) shall be in addition to the Fifty Thousand Dollars (50,000) bond issue heretofore authorized for such purpose; and which amendment so n i submitted received the majorit, vote of the votes cast at such election, and was on September , 1908, proclaimed as a part of the Charter of said City by the Mayor therof, be and the I same is hereby amended so as to read as follows: -2- i i r ARTICLE VII. Section 1. The Common Council at any regular or adjourned reetinU shall have the pourer within the limits of the City of Ashla.nd_ to enact by-laws, ordinances and. pass resolutions not in conflict or inconsistent with the laws of the United States, the State of Oregon or the provisions of this charter', and to provide for the punishment of any person or persons found guilty by e competent tribunal of the violation of any such laws, ordinances or any of the provisions of this charter by fine or imprisonment or by both such fine or imprisonment and enforce collection of such fine and the costs of prosecution by execution or imprisonment of such offender, until such fine and costs are paid.; and to provide for the working; of such persons so convicted on the streets of the city or at any other work, and to provide the compensation therefor to be applied as such fine and costs; but no fine shall exceed the sum of $200.00 and the costs of s prosecution, nor shall any imprisonment or term at hard labor exceed thirty days. Section 2• The Common Council by a two-thirds vote. of the Council at any regular or adjourned meeting shall have the power within the limits of the City of Ashland to annually ordain and. levy taxes on the taxable property of the city made taxable by law for county and state purposes, not to exceed fifteen mills on the dollar on the assessed valuation in any year for the expenses of the city', 'and also in such further amount as may be necessary for payment of interest or principal on any bonded indebtedness now existing or hereafter to exist aj_'.'ainst, the city and in payment of any judmnent or judgments obtained against the city; and fur- ther to assess and cause to be collected annually f rom each male inhabitant of the city, between the ages of twenty-one and fifty ,years, excepting; decrepit persons and active firemen, the sum of three dollars, to be knovm as the city poll road tax, the said poll road tax to be collected by sucl- officers as the council may direct of the persons residing in the city, and in the col- lection thereof such officers shall have the acme remedy granted. by the general laws of the state of Oregon to road supervisors for the collection of delinquent road taxes. And the council to prescribe the time when such assessments shall be paid and to assess penalties thereon not exceeding ten per cent when delinquent, which assessments and penalties may be collected tinder the provisions of I section 1 of Article 12 of thin Charter. Section i The Common Council by a two-thirds vote of the Council at any regular or adjourned meeting shall have the power within the limits of the City of Ashland to borrow money upon the credit of the city and authorize the issue of orders or notes therefor to an amount not exceeding $5,000.00 when required for municipal purposes, which orders and notes shall bear a rate of interestnot to exceed six per cent. and shall not aggregate at any time to exceed $5,000.00. And shall issue bonds of the city for other p urposes when duly voted and required by a majority vote of the electors of said city; or in :rebonding any bonded indebtedness of the city when the same is due and payable.and the city has not the funds on hand to pay the same, but in rebonding, bonds shall not be issued for a longer period or greater rate of interest than the bonds to be liquidated. Section 4. The Common Council by a twe-thirds vote of the Council at any regular or adjourned meeting shall have the power within the limits cf the City of Ashland to remove, suppress and prevent nuisances; and all acts or things done or anything existing within the limits of the city which is or may be declared by any law of this state or by any ordinances or resolution of the city council to be a nuisance shall be considered and treated as such - 4- I in all actions, suits and proceedings whatsoever, unless such law, ordinance or resolution be declared void by a court of competent jurisdiction. Also the power to prevent the introduction into the city of contagious and other diseases, and. establish regula- tions for the general health of the city. Section 5. The Common Council by a two-thirds vote of the Council at any regular or adjourned meeting shall have the power within the limits of the City of Ashland to license, tax and regulate brokers , auctioneers, drummers, hawkers, peddlers, pawn-brokers, placesof public amusement or entertainment including theaters, operas, exhibitions, shows and the like; livery or boarding stables, hacks, cabs, wagons, carts, carriages, trucks, drags, automobiles or other vehicles used for transportation of persons or passengers, or goods, wares and merchandise, earth, rock, building material or other articles within the limits of said city either with or without hire and to prescribe the rate to be charged for such transportation; skating rinks, bowling alleys, billiard tables, pool tables, shooting galleries, res- taurants, meat-markets, slaughter houses, wash houses and laundries and to license, tax and regulate for the purpose of city revenue of such business, callings, trades or employments as the Common Council may require to be licensed and as are not prohibited by the laws of the state, and to license, regulate and control the posting of bills and advertisements and to license, regulate I and control drinking saloons, bar rooms, club rooms, or any other place ii thin the city where spirituous, vinous, malt, or in- toxicating liquors of any kind are kept, sold, bartered, exchanged, disposed of, or given away in any quantity whatever, except upon the prescription of a duly licensed physician, and for medicinal -5- purposes exclusively, and all other vocations which the city council may deem just and for the best interest of the inhabitants of the city; but no license fee shall be less than that required by the State for like business or vocation. No license for the sale or disposal of spirituous, vinous, malt, or intoxicating liquors witbin the corporate limits shall be granted for a longer perbd than the municipal year, nor for a less sum than 40(600, nor mo-ce than $1,000, as the city council may determine, for such municipal i ,year,the proportion of the license fps so fixed by the city council to the end of such municipal year; provided, that no license to sell intoxicatin- liquors shall be issued for less than $200. No person shall be licensed to sell or dispose of spirituous, vinous, malt, or intoxicating liquors by the city council unless he shall first give bond in the penal sum of not "less than $2,000, r i nor more than $5,000, payable to the City ofAshland, Oregon, with at least two good and sufficient sureties, freeholders of Jackson County, Oregon, to be approved by the council, conditioned that such licensee will not violate any of the laws of the State of Oregon, or any of the provisions of this charter, or any of the I laws or ordinances of the City of Ashland, and that he will pay all damages, flies, penalties, and forfeitures which may be ad- judged against him under this charter or the laws and ordinances of the City of Ashland. The council must examine all persons offered as sureties on such bonds,under oath, and require such sureties to subscribe and respectively swear to his statement in regard to his pecuniary ability to became such surety; and no person who is holden as principal or surety upon any bond, as provided herein, shall be permitted to become a surety upon any other bond of like character; and additional bonds may be required at - 5- any time by the city council, when in its judgment such bond and the sureties thereon are insufficient. And it shall be the duty of the city council of the said City of Ashland to cause to be placed on the ticket or ballot, at each annual election, the follo*.<ing questions: "Shall the City of Ashland, Oregon, license the sale of spirituous, vinous, malt, or intoxicating liquors within the corporate limits of such city during the municipal year?" and the indicative words "Yes," "No." If a majority of the votes cast at any sunh election shall favor the licensing and sale of such liquors the city council shall issue liquor license to any reputable male citizen, over twenty-one years of age, applying therefor, and who shall have conformed, and agrees to conform, to all of the re- ouirements of this charter, all the laws and ordinances of the City of Ashland, and all the laws of the State of Oregon. If a majority of the votes case at any such election shall oppose the issue of license for the sale of such liquors, the city council shall not issue license during such ensuing; municipal year. The municipal license year of the City of Ashland- shall commence on the fifteenth day of January of each year, and end on the fifteenth day of the t llowing January. If the electors of the City of Ashland, or if such city council, shall determine, as hereinbefore provided, against the issuance of such liquor license, then no spirituous, malt, vinous, or intoxicating liquors shall be sold, bartered, ex- changed, or given a%°ray within the corporate limits of said City of As'^land at any time daring such municipal year. And it is hereby made the duty of the city attorney, chief of police, or other police officers of such city to diligently inquire after any viola- tion of this act; and it is made the special duty of the city attorney to file or have filed a complaint in the recorder's court against all houses, or keepers thereof, used for the sale, exchange, I -7- II J i or gift of any kind of intoxicating liquors, or Where local devices are resorted to to prevent or avoid detection of the keeper thereof; and upon said complaint being so filed, describinf, the place where the device is kept, or suspected of being kept, and the name of the person is known violating this act, said city recorder shall issue his warrant commanding the chief of police or other police officer to search such place, and if the law is being violated, to arrest the person or persons violating the law; and it shall be the duty of the chief of police or other police officers, after having ob- tained such warrant, to demand adsiission into such house or place where such device is kept for the sale or gift of intoxicating liquors, and upon admittance being refused, such police officer is hereby authorized and required by law to force open the same and arrest and. hold for trial before the recorder all such persons who shall violate any of the provisions of this act; and it is the duty of the city recorder to see that this law is rigidly enforced. All prosecutions under this act shall be tried before the recorder of said City of Ashland, and. without the intervention of a jury, and the judgment and determination of the recorder shall be conclusive and final, subject only to writ of review of the appellate court having jurisdiction. And in such prosecution, by indictment or otherwise, it shall not be necessary to state the kind of intoxicat- ing liquors sold, nor to describe the place where sold, provided , the sale or disposal shall be within the city limits, nor to show the knowledge of the principal, to convict fot the act; of the agent or servant; and in all cases the person to whom the in- toxicating liquors shall be sold in violation of this act shall be competent witnesses. The issuance of a license or internal revenue special tax sairm by the federal government to any person for the sale of intoxicating liquors, or the certificate of the collector -3- 1 of internal revenue that such license or tax stamp, valid at the time being, has been issued to any person, shall be prima facie evidence that such person is selling, exchanging, or giving away intoxinat- I ing liquors. j I Section 6. The Common Council by a two-thirds vote of the Council at any regular or adjourned meeting shall have the power I Wthin the limits of the City of Ashland to license, tax and regulate slaughter houses, wash houses and public laundries and provide for their removal from the city. Section 7. The Common Council by a two-thirds vote of the Council at any regular or adjourned meeting shall have the pourer within the limits of the City of Ashland to Ux suppress, restrain and prohibit, within the city limits, cruelty to animals, public dance-houses, bawdy-houses, assignation-houses, gambling- houses, gaminy and naming-houses, immoral anddisorderly conduct, obscene, abusive and insulting language, and language tending to provoke another to commit a. breach of the peace; obscene, immoral, and corrupting plays, shows, theatricals, lectures, exhibitions and amusements; the running at large of stock, poultry and dogs, intoxication, and furnishing intoxicating liquors to indigent persons, habitual drunkards, minors, women profligates, dangerous I and quarrelsome persons, and Indians. To suppress, restrain, and prohibit bar-rooms, drinking shops, drinking saloons, tippling shops, tippling-houses, club-rooms, club-houses, and all places in vhich spirituous, vinous, malt and intoxicating liquors are kept, sold or disposed of, or given away, unless a license has been procured by the owners, proprietors or managers of such resorts, as provided. in this charter and the laws and ordinances of the City of Ashland. To suppress, restrain and prohibit fighting, quarreling, riots, unusual noises, disturbances of the peace, -9- - F I i i I trespass on real or personal property, and any disorderly assemblage and indecent conduct, and obstruction, pollution, diversion, waste, extravagant use of, esters of Mill or Ashland Creeps, either within or above the city limits; all nuisances and the introduction and spread of any dangerous or contagious dis- eases; the maintaining of any open ditches or sewers within the I city, ,rThen the same is a menace to the property or health of the inhabitants; the accumulation of refuse matter, or debris, main- I taininr%, faulty or dangerous structures and flues, whereby danger from fire is increased; the blocking and impropeijuse of any of the streets, sidewalks, alleys and crossings, and all the' other places within the city; and all other things vunich the mayor and city i council may deem injurious to the health, happiness and well-being and prosperity of the inhabitants of the city. Section 8. The Common Council by a. two-thirds vote of the Council -at any regular or adjourned meeting shall have the power within the limits of the,City of Ashland to regulate the storag,G and use of explosives witi~dr the city. The maximu.in rate of riding i and drivinf horses, mt?.les and other animals; riding bicycles, running; trains and such other menaces to public safety which the council may from time to time deem proper. Section 9. The Common Council by a two-thirds vote of the Council at any, regular or adjourned meeting shall have the power within the limits of the City of Ashland to provide for the em- ployment of paupers and vagrants at hard labor. Section 10. The Common Council by.a two-thirds vote of the Council at any regular or adjourned meeting shall have the power within the limits of the City of Ashland to cause the occLpants of buildings anrllots and the owners thereof to remove any and all obstructions from public hi_,hways, streets, alleys, crosswalks, -10- sidewalks, gutters and sewers and keep the same in repair and in a free and clean condition in front of such abutting lots, each to the center of the street, and punish neglect therefor, and when neglect- ed,may cause the same to be done by the city and collect any expenses incident thereto, together with a ten per cent. penalty, of such owners and abutting lots as special assessments against the same, which may be collected in the manner provided for col- lecting the general taxes of the city. °,ection 11. The Common Council by a two-tbirds vote of the Council at any -regular or adjourned meeting shall have the power within the limits of the City of Ashland to prohibit the officers of the cit.r from being interested, either directly or indirectly, in any contract made with the city, and provide for the survey of lots, blocks, streets and alleys of the city; the establishment of the grades of the streets, alleys and sidewalks; the naming of the streets, and platting and accepting the plats of the city and any addition thereto. Section 12. The Common Council by a two-thirds vote of the Council at any regular or adjourned meeting shall have the power within the limits of -the City of Ashland to provide the city with water and lights and for the erection of such water and light works within and. without the city limits as may be necessary and con- venient, and make contracts and grant franchises and contracts for suchnurposes; also to grant franchises to light companies, street railways, telephone and telegraph companies, and for their use of the streets and the alleys of the city, when the council deems that the same ma,,r conduce to the best interests of the city, and on such terms as they may d,=em just, but no franchise shall be granted for a longer them than twenty-five (25) years: Provided, that no franchise for any public utility, public easeaent, or right of way, shall he granted to any person, persons, or Oornoration for a longer period than ten years, without first submitting the pro- position for such franchise to a popular vote of the legal voters resident within the limit of said city of Ashland., nor until a majority of said legal voters shall have approved the same. Section 13. The Common Council by a two-thirds vote of the Countil at any regular or adjourned meeting shall have the power withinthe linits of the City of Ashland. to prescribe fire limits and prohibit the erection and repair of wooden buildings within such limits, and n rescribe the requirements and character of all buildings to be thereafter erected within such limits, and pro- vide punishment for the ,.~iolat.ion of such requirements; and provide for the remo,ral of any and. all buildings erected contrary to such reouirementsrat the expense of the owner or owners thereof; to cause the owners of all buildings to keep them in a safe condition as to fire and danger of falling and condemn the same when unsafe, and cause the same to be repaired or removed at the expense of the owner thereof; to regulate and control all public halls and buildings used for public gatherings and prevent public gatherings i in the same when they are unsafe or dangerous or have not suffi- cient or convenient means of exit in case of accident or fire. Section 14. The Common Council by a two-thirds vote of the Council at any regular or adjourned meeting shall have the power within the city limits of the City of Ashland Ito regulate and establish the fees and compensation of all officers of the city, except the recorder and chief of police in the dis- charge of duties as justice and constable under the state law, but intbe performance of such duties they shall respectively have and receive the same fees as allowed to justices of the peace and constables for like services; to provide fire engines and other -12- apparatus for the ex±inguishmen± of fires; establish fire com- panies and regulate the same; appoint fire wardens and.p rescribe their duties. Section 1.5. The Common Council by a two-thirds vote of the Council at any regular or adjourned meeting shall have the power within the limits of the City of Ashland to lay out, establish, vacate, widen, open and extend streets or parts of streets and allevs, or parts of alleys in said city; and to lay out,, establish, erect, construct and maintain any and all public par.6-s, public grounds or public works provided for in this act. Section 16. The Coi-t.mon Council by a two-thirds vote of the Council at any regular or adjourned meeting shall have the power within the limits of the City of Ashland to provide by ordinance for having domestic and. other animals found running at large within the city limits restrained, impounded and forfeited, and may sell the same when forfeited, as provided by law for execution sales of personal property, and apply the proceeds as it deems expedient; and in the case of dogs, may, when they are found running at large without a license, cause them to be killed or disposed. of after such perioi of detention as may be prescribed. Section 17. The Common Council by a two-thirds vote of the Council at any regular or adjourned meeting shall have the power -)ithin the xajw limits of the City of Ashland to recover from any person or persons and their estates the expense of care and treatment i:.-hen sick, which may have been provided by the city and for which the city may have incurred liability or been put to expense in their behalf of any person or persons whom by law they are bound to support, and an action therefor may be brought and main- tained in any court of competent jurisdiction. i -13- Section 18. The Common Council by a two-thirds vote of the Council at any regular or adjourned meeting shall have the power within the limits of the City of Ashland to regulate the burial of the dead within the city; to prescribe the location of all cemeteries or burial grounds within the limits of the city and to prevent the interment of any body within the city limits and to cause any body interred, contrary to such prohibition, to be taken up and buried without the limits of the city; to condemn any cemetery or burying ground now within the limits of the city and declare the same to be a*nuisa.nce and.cause to be removed, at the city expense, all bodies then buried therein and to re-inter such bodies at some suitable place to be provided by the common council for such purpose and replace in a substantial manner all monuments at such place of .re-interment. The common council shall have fall jurisdiction over all cemeteries belonging to the city, whether within or beyond the city limits, and all the walks and ways leading from the city to such cemeteries; power to regulate, improve and protect the same in all respects, and to punish by fine or imprisonment or both any violation of any ordinance in respect thereto. Section 19. The Common Council, by a. two-thirds vote of the Council at any regi7lar or adjourned meeting shall have the power to borrow and pledge the credit of the City of Ashland therefor, the following sums of money, for the purposes herein i mentioned, and not to exceed the several sums herein ;fated, to wit: The sum of $50,000.00, for the purpose of supplying the City with. a sewerage system; further to borrow and pledge the faith and credit of the said the City of Ashland therefor, the sum of 27,000.002 for the purpose of purchasing water rights and for i a~ S the purpose of perfecting the water system of the said City, which said $27,000.00 shall be in addition to the $73,000.00 in I bonds of said the City of Ashland.hereto`'ore issued and sold by said the City of Ashland for such purpose, which bonded indebted- ness so now existing is hereby recognized, ratified and confirmed; further to borrow, and pledge the faith and credit of said the City of Ashland therefor, the sum of $80,000.00, for the purpose of purchasing or constructing and operating; an electric light i and power plant to be owned and operated by the said the City of Ashland. Of said sum of $80,000.00, hereby authorized 'for the purpose of purchasing or constructing and operating an electric lickt and power plant, to be owned and operated by the said the City of Ashland, y$50,000.00 have heretofore been authorized by a vote of the people of the city of Ashland, at an election held in said City on July 11th, 1905, and ;$2500 of said amount, in bonds, have heretofore been issued and sold by said the City of Asi-.land., and such bonded indebtedness so now existing is hereby recognized, ratified and confirmed. The various sums hereinabove provided,for shall be issued for the purposes herein expressly stated, and for no other purposes, and for the purpose of carrying the same into effect. The Common Council of the said the City of Ashland shall have the power at any time to issue the bonds of the said. City for said sun; of x.'77,500.00 for the purpose of purchasing; or constructing and operating an electric light and power plant to be owned and. operated by the said City of Ashland. Provided; however, $47,500 of said-bonds, being the remainder of such issue authorized by a vote of the people of said City of Ashland. at said election held July 11th, 1905, shall be dated on the date when the same shall be issued in the sums of $500.00 each, with interest coupons attached thereto, I payable to the bearer or purchaser thereof as follows: Five of f said bonds, of $500.00, each, payable on September 1st, 1911, and five of said. bonds, of ?500.00 each, payable on September lst of each year thereafter; the principal thereof bearing interest, after date, at the rate of four and one-half per cent per annum, payable semi-annually. The remainder of such bonds hereby authorized for said electric light and pourer plant, to wit, the sum of tiU30,000.00, shall be of the denominations and payable at the time or times and at the places, and bear the rate of interest, the Common Council of the City of Ashland may from time to time, prior to the sale thereof, determine upon; provided, however, such. rate of interest shall not exceed the sum of per cent. per annum, payable semi-annually. Any proposition for the purpose of pledging the faith and credit of the said City in carrying out the provisions of this Section or for the issuance of bonds for such purpose, other than. for the issuance of the bonds aforesaid for the purpose cfpurchasing or constructing and 1 operating an electric light and power plant to be owned and oper- ated by the said City of Ashland, shall first be submitted to a vote of the electors of the said City at a special election to be called for such purpose, and such proposition shall receive a majority of all the votes cast at such election. I Section 20. The council shall approve all official under- takings and all bonds running to the city, and. all such bonds shall be filed with the city recorder, except the bond for the city recorder, which shall be filed with the city treasurer. Section 21. At the close of each fiscal year, which shall / be on the thirty-first of December in each year, the common council shall cause to be published in some newspaper published i within the city a full, complete and detailed statement of all money received by the city government during the preceding year and. on what account received.a,nd expended, classifying each receipt and expenditure under its appropriate head. Section 22. No member of the common council shall, during the term of '^.is office, be interested. in any contract with the city; and. all jobs or contracts for constructing, repairing, ornamenting or improving any public place in the city or out of ` it, the expenses of which are to be paid out of the city treasury, and the probable cost of which will exceed $500.00, it shall advertise for ten days for bids therefor, to be done according to th.e specifications approved by the common council and.made public at least ten days before the closing of the bids for such and provided further;. that,. whenever, under the charter or ordinances of the said city the common council may have or shall hereafter have i failed to obtain a satisfactory bid for the performance of the labor and the furnishing of the material or wither of them embraced in any projected improvement on the streets or alleys, the erection of a building, or any other public improvement, for which proposals Have been invited by public advertisement, the common council may, by a twozthirds vote of the council, undertake and perform such improvement and furnish the material thereforV under the direction of said common council or a competent person selected by the council for such pur- pose; and provided further, that; where machinery and material can be purchased in open market on satisfactory terms, and the saving of time is essential to secure delivery of such material, or machinery and supplies purtenant thereto, in order to expedite the construction or execution of such public improvement, the common council may dis- pense with the advertising for proposals for such materials or machin- ery and supplies purtenant thereto and the labor for the installation or laying of such machinery and material, and the same may be performed by the "common council or under the direction of a competent person selected by the said council. I ~ A special election of the qualified electors of the said City of Ashland is hereby &L.-I led and appointed to be held on Monday, the 26th day of October, 1908, at the usual places where the elections of the city of 'Ahland are held for voting upon the foregoing a_-ond- 1 meat to the city charter, to wit: Hirst 7uard, voting place, Ganiard's Opera House. Second Ward, voting place, Militia barracks, McCarthy Bldg., corner r Main and Grannte Streets. Thirs Ward, voting place, City Hall. The following appointments 6f, Judges of election are hereby made: First Ward : H. T. Mitchell$ Frank Sutton, N. J. Reasoner. Second Ward: F. G. McWillkains Chas. Gillette 0. C +Tiffany Third Ward : H. F. Pohland. G. E. Graves J. H. Provost. The two judges last named in each ward are also appointed to act as clerks of election. The City Recorder is directed to rate the required notice of publication in the newspapers of the City. . The said special election shall be conducted in accordance with the provisions of Article IS of the Charter of the City of Ashland and according to the laws of the State of Oregon, so far as practicable. 3- TI-is resolution shall take effect and be in force upon the I expiration of ten days after its adoption by the council and approval by tee mayor. 4 The foregoing resolution was adopted by the common council of the City of Ashland at an adjourned regular meeting on the 30th day of September, 1908, under a suspension of the rules, twoethirds n favor thereof voting in favor thereof, by a vote of tz and none against the same. To all of which I hereby certify. corder. I hereby approve the foregoing resolution this the le ay of Sept. 1908. Acting r~y~of Ashlan or