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HomeMy WebLinkAbout1915-21 Spec Election Electric Light Plant Purchase-COPY a .iA h R??$0iLl7TIO,N CALLING Sj?tlC AL ~LFIUTTGH MENDING C}3~'~R '+_S~ PROVIIING Pmemkut OF THE Ntket,RIC `?,IGHT £'LAITT. RE$OLt7TImN CALLING SPECIAL ELECTION TO AMEND CHApiER., kMMEAS, At a'special election held in the City of Ashln nd,, Oregon on November 17:, 1914, Section 19 of Article 7 of the Charter of said city was amended and adopted'by the qualified voters of said city,•whioh said Section 19 so adopted authorizes the common council}; :ten authorized by a vote of a majority of the electors of said city voting on the question, to borrow on behalf, of said city., pledge-its credit@ and issue negotiable bonds for the purpose of-constructing, acquiring, or 'completing, among other tkings,..electric light and power plant or plants, and.for enlargements'; additions or extensions thereto; and 67f3.` EJA.S, It is considered and determined by the common council for the best interests of the City to aequire by purchase the electric plant and distributing system of Ashland Electric Poser & Light Company, an Oregon, aorporation, heretofore and now engaged in operating said plant and selling electriety to certain of the inhab- itants of'the city, and securing'the surrender of the right, privilege and franchise Under which the said company has heretofore and-is now maintaining its plant and distributing eystem-and-selling electricity in said city, and thereby seeurinl; unto the City all of the distribution and sale-of electriety therein; and IMPEAS, A contract in'ivriting between the City and California-Oregon Power Company, e. corporation, whieh'controls the p~opertios, assesta.a nd business of Ashland Electric Power might Comf)any, has been heretofore on ahe 18th day of August 1 1915, authorized and on August 10, 1915, executed by tW City.by and through its i, mayor and recorder and by the Company by and through its'preaident and secretary, whereby, among other things, the sale of'sueh of the property and distributing system of'Ashland'Electric Power & light Company as the City may determine upon may be sold to and purchased by the City and a certain lot conveyed and its franchise surrendered to tha City and electriety for the City's needs be sold and delivered to the City for a period of tcenty years, at prices agreed upon therein; and ..MIREAS, By the terms of ssid contract the same shall not become operative or effective until ratified, adopted and confirmed by a vote of the qualified voters of the city at a special election to be held for such purpose; and %77HERFAS,"Ti-nder the terms and ldi4itations of Section 19 of the charter of the City, and other'provisions of said charter, the doV4on council and the City is pro- hibited from fully carrying out an of the terms and conditions of said contract without the adoption of a sinking fund for the redemption of bonds, the creation of a special electric fund, and the ratification of the said contract; and { t~MEREAS,'Under authority granted to the dommon council Wand under Section 6 of Ordinance 357, approved August 18, 1908, authorizing the common council OdI the City of Ash_land,to call special election at any time for the purpose of amending the charter of said city upon a resolution proposed by said common council, which election shall be hold after d ue notice thereof and the appointment of judges of said election shall have been given by publication in a newspaper published in the city or by conspicuously posting a notice in each of the wards of said city not less ih an ten days prior to any election: NO TH±'FEFOR BE I RESOLVED, By the Common Council of the City of Ashland in regular adjorned session assembled or, this 10th day of August. 1915, that a special election,of the aualified electors of the City of Ashland is hereby called and appointed to be held on the 25th day of August, 1915, for the purpose of submitting to the electors the following amendment to the charter and charter provision for their approval or reelection, to-wit- An act to amend the Charter of the city of Ashland, Oregon. said charter being that certrtin act of the Legislative assembly of the State of Oregon, filet in the office of the secretary of state„ October 14, 1908, entitled. "An act to Amend an Act entitled 'An Act to Incorporate the City of Ashlahd in Jackson Country, Oregon,. and to define the power thereof.,` filled in the office of the secretary of state, February 21, 1889„ ann. the acts approved February 25, 1895, amending the same", as amended by all acts subsequent thereto, either of the Legislative Assembly of the - State of Oregon, or by vote of the qualified electors of the City of Ashla..d, Oregon, to provide 'or an additional section to said charter, to be nUgbered 19a, for the i issuance of bonds of said city for the purpose of constructing, acquiring, enlarging-,. and completing electric light and power plant or plants, for the creation of a special electric light fund, and the control thereof, and to adopt, ratify, and confirm a contract authorized by the common coiaacil of the City of Ashland between the City of Ashland and California-Oregon Power Company. y_. BE I^ B3;ACTED BY :1HE PEOPIU OF THE CITY OF ASED PMj That the charter of the City of Ashland, the same being that certain act of the Legislative Assembly of the State of Oregon. filed in the office of the secretary of stare, October 14, 1908, entitled "An act to amend an Aot entitled 'An Act to incorporate the City of Ashla rid., in Jsokson Count,,v, 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, 1095, amending the same," as amended by all Acts subsequent thereto, either of the Legislative assembly of the State of Oregon,e of t~ e` qu2lYied"ei-ecte ego, or by vote of the euslzfic-d electors of the City of Ashland, Oregon", be and the same hereby I is amended by ad6ing to the said charter pis the sane nova exists an additional section to be knows as Section 19a, to-:grit: J' See. 19a. The common council in addition to the powers and authority granted and reserved by Section 19 of this charter is authorized and empowered, without any other or further vote or authorization by the qualified electors of the city, to enlarge, extend, renew, replace and re-build any electric distributing plant or plants now omen and operated by the city, and for such pu rpose to purchase any and all necessary maf-eri.al and apparatus therefor, and may contract for and purchase any plant or plants from any corporation engaged in the distribution and sale of electriety within tho city, and said common council is further authorized and empowered for any such purposes, and when deemed necessary, by resolution or ordinance to borrow money on behalf of the city, pledge its credit, and issue negotable bonds in an amount in the aggregate not to exceed $25,000.00 and are hereby further authorized and empowered to impose and levy annually in the same manner as other taxes of said city are imposed and levied such taxes upon all taxable property in said. city as shall be necessary to provide for the payment of the interest on all the bonds hereby authorized as such interest shall become due and. payable. and to constitute end create a sinking frond for the payment and redemptio-, of said hands at maturity. end are 'also authorized and empowered to provide by ordinance or resolution at or Y before the time of':the issuance 'of, said~.bonds for the levy of such taxes, ad for the creation of such sinking frnd,and tho retirement of said bonds, and there is hereby ere4t©d a. special fund of said city to be known as the "Electric :und"o which shall,be kept by the officers of the city separate from other funds now or hereafter created, and there slyLll be kept in said electric fund all income and monies which shall be paid to t ha City from the sale of bonds; the sale of un- r usable.and undesirable electric machinery and apparatus and monies received from the sale ann distribution of electr`:cfy to the inhabitants of the City, and there shall be Baid out of said fund by order or currant of the common council, or in accordance with the provisions of any contract of the cityo all monies necessary and proper far acquiring; any and all electric machinery and apparatus; for the maintenance, en- larg went, extension ana improfement of the electric plant of the city; all amounts necessary to pay for the purchase and acquisition of electricity for the city under any contract and in accord&noe with the terms thereof; wages, salaries of employees elzgagod by'the City in electrical work and the operation of its electric plant, interest on the bonds hereby anti heretofore authorized for purchasing and acquiring an electric plf.nt, Ted for the redemption of such bonds, That certain contract or agreement between the City of Ashland, as party of the first part, and California-Oregon Power Company, as party of the second part, executed by the Bayer and Recorder of the city in behalf of the city of Ashland, and by the president and secretary of the said company on behalf of said company, on the 10th day of Ugast, 1915. as, authorized by the common council of the city by resolution adopted on the 10th day of August, 1915, and all the terms and conditions thereof as the sane appear and are -set' forth in said resolution of the common couneilV be and the same is herejiy in all things ratified, adopted and confirmed, and declared. to be the binding contract and obligation of the city of Ashland and the Californie.-Oregon Power Company. The following are designated as the noting places of each of the TMrde of said city for said special election: First :?aid: Fourth Street Pire Station. Second ard: IcCarthy Building, corner Granite and 11. Bain streets Third 'ard: City Hall. And the following named persons are appointed judges of said election: First Ward- G. Benedict, 7. A. Bibby, and Hanly Brower. Second i:ard: 1.7. A. Patrick, Alice Huntley liurphy and Iirs. E. S. Hathaway. Third lard: 7 H. Gowdy, Blanche Hichs, and Mrs. L. 11ilty. The two judges last named in each ward shall also act as clerks of election. The polls shall be opened from 9o'cloek in the forenoon until 6 o'clock in the afternoon of said day, and said election be conducted in accordance with City Ordinance No. 357. Article IV of the charter of said city and the general laws of Oregon, as far as practicable F I Ilk, The Recorder forte city is hereby directed to give notice of such special election and the appointment of judges of election by phhlication in a newspaper published in V,:e City of Ashland, and of the proposed amendment to the charter of said city tote voted upon anfl by posting copies of such notice in each of the vmards of said city at least ten days prior to said election as required by ;he laws of the State of Oregon and the ordinances of said city as in such eases made and provided. The foregoing resolution is approved. this 10th day of ^.ugnst, 1915, or* W Attest: k - i ,y Recor e2. - 3y 's i Ir