HomeMy WebLinkAbout1908-03 Proposing Charter AMND Article 7
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R E S 0 L U T I 0 N.
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A resolution proposing an amendment to Article 7 of the Charter
of the City of Ashland, Oregon.
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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:
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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
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County, Oregon, and to define the power thereof' filed in the office
of the Secretary of State February 21, 1889, and the acts approved
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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
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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
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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
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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,
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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
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October 14, 1898, and as also amended by Section 5 of an act of
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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,
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entitled an act to amend Sectios 5 and 19 of Article VII. of an
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an act to amend an act entitled
act entitled. an act to incorporate the City of Ashland in Jackson
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County,.Oregon, and define the powers thereofr
, filed in the office
of the Secretary of State February 21, 1889, and the act approved
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February 25i 1895, amending the same, and the act amending the
same filed in the office of the Secretary of State October 14,
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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
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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
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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
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same is hereby amended so as to read as follows:
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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
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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
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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
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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
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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
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,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,
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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
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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
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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,
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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
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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-
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ing liquors. j
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Section 6. The Common Council by a two-thirds vote of the
Council at any regular or adjourned meeting shall have the power
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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
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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,
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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
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city, ,rThen the same is a menace to the property or health of the
inhabitants; the accumulation of refuse matter, or debris, main-
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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
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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
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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,
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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
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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
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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
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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
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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
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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
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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
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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