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HomeMy WebLinkAbout1916-06 Charter Amendment Article XXI-COPY a a i CHARTER A113-IND1.1TT?^ RTICLE YXI Filed this _ day of City Recorder. OFFICE OF CITY RECORDER ASHLAND, 0I111,GOY o _ RESOLUTION_. I9EREAS, on Septemberl, 1909 the City of Ashlrnd issued certain general obligatim bonds of said city known as STREET INTERSECTION BOND for the aggregate sum of 015,000, and M REAS, heretofore bonds of said issue have. been redeemed, paid and cancelled by said City in an amount aggregating $4,500; thereby leaving bonds oP said issue outstanding and unpaid in a sum aggregating'Q10,500; and i9HEF.EAS, under and pursuant to the provisions of ti-e charter of said City and the terms and conditions in said bonds contained the said unpaid bonds of said series, to wit, bonds numbered 77 to 88, both inclusive, in denominations of ,500 each, aggregating .)10,500, did become on and after March 1st, 1916, payable at the option of sai.d,oity; and WHEREAS, on July 1, 1910, said City issued its certain other'ggeneral obligation bonds of said City known as STREET INTERSECTION BONDS for the aggregate sum of "'30,000; and AREAS, heretofore bonds of said last named issue have bren.redeemed, paid and cancelled by said City in an amount aggregating $18.000; thereby leaving bonds of said last mentioned issue outstanding and unpaid in a sum aggregating .",,12,000; and 'H•'REAS, under and pursuant to the provisions of the charter of said City and the terms and conditions in said bonds contained the said unpaid bonds of said last named series, to wit, bonds numbered 37 to 60, both inclusive, being in denominations of $500 each, aggregating $$12.000. will become on April 1, 1916, payable at the option of said City; and WHEREAS, on April 1, 19110 said City issued its certain other general obligation bonds also knownas STREET INTERSECTION BONDS FOR THE fiGGREGATE sum of 4,$5.000; and :HERE'S, heretofore bonds of said last mentioned issue have been redeemed, paid and cancelled by said City in an amount aggregating $23,000; thereby leaving bonds of said issue outstanding i-nd unpaid in a sum aggregating $$12,000; and i .MEEEAS, under and pursuant to the provisions of the charter of said City and the terms and.conditions in said bonds contained the said unpaid bonds of said. mentioned series, to-wit, bonds numbered 264 to 287, both inclusive, all for .)500 each, aggregating P?12,000, will become on July 1, 1916, payable at the option of said City; and :HEREA3,- on Harch 10, 1911, said City issued its certain other general obligation bonds known as SEPTId TA _R% BONDS for the aggregate sum of J12,000; and VUEREAS, heretofore bonds of said last mentione? issue have been redeemed, paid and cancelled by said City in an an ount aggregating 46,000; thereby leaving bonds of said Bast mentioned issue outstanding and unpaid in a sum aggregating .)6,":00; and VHEREAS, under and pursuant to the provisions of the charter of said City and the terms and eonditons in said bonds contained the said unpaid bonds of said last named aeries, to wit, bonds numbered 206 to 217,.both inclusive., all fbr .)500 each, aggregating ^6,000, did become on and after Liarch 10, 1916, payable at the option of. said City; and "HEREAS, on July 1, 1913, said City issueP its certain other general obligethn bonds known as FIRE PROTECTION BONDS for the aggregate sum of 06,000; and HEREAS, heretofore bonds of said last named issue have been redeemed, paid and cancelled b^ said City in an amount aggregating "3,000; thereby.leavinh bonds of said last mentioned issue' outstanding and unpaid in a own aggregating .)3,000;.-nd "HEREAS, under and pursuant to the proviso ions of the charter of said City and the terms and conditions in said bonda eonteined 'he saki unpaid bonds of said last named series to-wit, bonds numbered 750 to 755, both inclusive, for "500 each, aggreg& ng ,'qOO O will become on July 1, 1916, payable at the option of said City.and -HIRE^S, each end all the bonds of each and all of the aforesaid issues now outstand- ing rnd unpaid, aggregsting .'43,500 par vrlue in amount, have.been and are drawing interest at the rate of six per cent (6%) per €nnum, cnd WHF.'REAS, the City of Ohl,.n. c- n -h ,-r e: c.it tine issue r_nO sell it-, `cnci:71 obligation bonds to bear interest at a rate not to exceed five per dent (5%) per annum; and 17HE.REAS,-the Council deems it for the best interest of the City to provide by charter amendment for the issue and sale of REFUNDING PORDS of said City in a sum not to exceed $43,500 (which with the sinking funds nor on hand will be amply sufficient) for the purpose of providing funds for the redemption of the aforesaid bonds of said series here- F inabove enumerated as are now payable at the option of the City, to-wit, bonds aggregating $16,900, and for the further purpose of providing a bond Redemption fund to be used in re- deeming the $12,000 of said bonds optional on and after April 1, 1916, and the remaining $15,000 hereafter to become due on July 1, 1916; now, therefore, BE IT RESOLVED BY THE COtMON COUNCIL OF THECITY OF ASHLAND that t he following proposed amendments to the charter of said city br and the same hereby are proposed for ` submission to the legal voters of said City for their adoption or rejection at the Special City Election to be held on the llth day of April, 1916, as in *his resolution provided. CHARTER AMENDt4ENTS SUBMITTED TO TkE VOTERS BY THE COUNCIL ~ AN ACT To amend an act entitlea "An act to amend an act entitled 'An act to incorporate the city of Ashl nd in Jackson County, Oregon, and to define the power thereof, "filed inthe officd of the secretary of state February 21, 1889, and the acts approved February 25, 1895, amend- ing the same" filed in the office of the Secretary of State October 14, 1898, as amended by I an act entitled "An actt amend an act entitled 'An act to amend an act entitled an act to incorporate the City op,Ash1rnd, in Jackson County, Oregon, andrae:fine the power thc,reof, 'filed in the office of the Secretary of Stt,te October 14, 18981'approved February 15, 1901; and as also amender by an act 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 to define the power there- of, filed in the office of the Secretary of State February 21, 1889, and the acts a-,proved February 25, 1895, amending the same, 'filed in the office of the Secreatry of State Oct- ober 14, 1898" filed in the office of the Secretary of State January 31, 1903; and as also mended by an act entitled "An act entitled an set to emend a, act entitled "An act ~ to amend 'An act to incorporate the city of Ashland, Oregon, and define the power ther of, 'filed in the office of the Secretary of State February 21, 1889, and he acts approved February 25, 1895 amending the same, "filed in the office of the Secretary of Stw e October 14, 1898"filed in the office of the Secretary of State February 3, 1903; end as also amend@dg by an act entitled "An act to amend sections 5 and 19 of article V11 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 powers thereof, 'filed in the office of the Secretary of State February 21, 1889, and t _e act approved February 25, 1895, amend- ing the same," and the act amending the same filed in the office of the Secretary of State October 14, 1898, and the act approved February 15, 1901, amending the same" filed in the office of the Secretary of St-te February 10, 1905; and as also amended by an act entitled "An act to amend Section 1 of Article 1 of an act entitled "An act entitled 'An act to upend an not entitled "An adt to incorporate the City of Ashland and define the powers +-hereof,"filed in the office of the Secretary of State February 21, 1889, and the act approved February 21, 1895, amending the same,' filed in the office of the Secretary of State October 14, 1898," filed in the office of the Secretary of State January 31, 1903" filed in tnr- o.Afiee of the Secretary of State February 21, 1905, amending the same," as amended by X11 acts subsequent thereto, either of the legislative Assembly of the State of Oregon, or by vote of the qualified electors of the city of Ashland, Oregon, under the Constitution and the laws of Oregon, and the Charter of said eivy. BE IT ENACTED BY THE PEOPLE OF THE CITY OF ASHIA??D. That an act entitled "An act to amend an act entitled 'An act to incorporate the city of Ashland in Jackson County, Oregon, and to define the poa,er 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, 1898, as amended by an act entitled "An act to amend an act entitle' 'An act to amend an aert entitled an act to incorporate the City of Ashland, Indackson County, Oregon, and define the power thereof,'f"ed in the officseof the Secretary of State October 14, 1898" approved February 15, 1901; and as also amended by an act entitled "An act to amend an act entitled 'An act to amend an act entitled 'An act to incorporate the City of Ashland, Oregon. rand 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, 'filed in the office of the Secretary oYSteTe State January 31, 1903, and as a0lsobamendedlby anfactdentitled£"Aneact entitledeanractf to amend an act entitled "An 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 0,1A., lq lffve f'/ed in tA e.f f~e of +l+<Sec re rn ry oFS teje the office of the Secretary of StateAPebruary 3, 1903; and as also an ended by an act entitled "An act to amend sections 5 and 19 of article P11 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 powers thereof.'filed in the office of the Secretary of State February 21, 1889, and the act approved February 25, 1895, amending the same." and the act amending the same filed in the office of the Secretary of State October 14, 1898, and the act approved February 15, 1901, amending the same" filed in the officd of the Secretary of State February 10, 1905; and as also amended by an act entitled "An act to amend section 1 of Artieli 1 of an act entitled "An act entitled 'An act to amend an act entitled "An act to incorporate the City of Ashland and define the powers thereof," filed in the office of the Seeretr.ry of State February 21, 1889, and the act approve-' February 21 1895 amending the same, Ifiled in the office of the Secret-ry of State October 14, 1898,"filed in the office of the Secretary of State January 31, 1903" filed in the office of the Secretary of State February 21, 1905; amending the same" as amended by all acts subsequent thereto, either of the Legislative Assembly of the State of Oregon, or-by rote of the qualified electors of the city of Ashland, Oregon, u-,der the Constitution sad the laws of Oregon, and the Charter of said city, be amended by adding Article XXI to read as follows; ART TC LA XXI Subdivision 1. For the purpose of providing funds for the refunding and redemption of STRFMET INTERSECTION BONDS of said City numbered 77 to 88, both inclusive, aggregating 0'10,500 payable at the option of the City on and after Piarch 1, 1916; and for the purpose of providing funds for the refunding and redemption of SEPTIC TUR BONDS numbered 206 to 217, both inclusive, aggregating ?6.000, which became payable at the option of the City on and after I_Tarch 10, 1916; and for the purpose of providing funds for the refunding and redemption of STREET INTERSECTION BONDS numbered 37 to 60, both inclusive, aggregating $12,000, which become payable at the option of the City on April 1, 1916, and for the purpose providing funds for the refunding and redemption of certain other STREET INTERSECTION BONDS, numbered 264 to 287, both inclusive, aggregating 012,000, which will become due and payable at the option of the City on July 1, 1916, and for the purpose of providing fiends for the refunding and redemption of FIRE. PROTECTION BONDS of said City, numbered 750 to 755, both inclusive, aggregating $3,000, which :;ill become payable at the option of said City on July 1, 1916, each and all of which bonds are hre by expressly validated, the Council of said City is hereby authorized and empowered to issue and dis- pose of general obligation bonds of the City in the denomination of 9500 or $1000 each duly signed by the Pdnyor and countersigned by the Pecorder under the corporate seal of the City, wing semi-annual interest coupons attached thereto bearing the fac-simile engraved signa- tures of the Mayor and Recorder, whereby the City shall be held in substance and effect to undertake and promise to pay to the bearer of each of said bonds at maturity thereof the sum named therein in gold coin of the United States of America, with interest thereon in like gold coin at the rate of five per cent (5,0 per annum, payable. semi-annully, each of said bonds to be a direct general obligation of the City of Ashland and 'co be known as-CITY OF ASHLAND F. FUNDING BONDS, provided, however, that the aggregate amount of bonds issued under the provisions of this section shall not exceed the sum of forty three thousand and :Give hundred dollars ($43,500) par value. Said bonds shall be dated at a convenient period to be fixed by the Council, the maturity or maturities to be likewise fixed by the Council. 'but not to exceed 20 years from date, and the principal and interest of said bonds to be payable at the office of the City ^reasurer, Ashland, Oregon, or at the Fis- cal Agency of the State of Oregon in the City of New York, at the option of the purchaser, Subdivision 2. The bonds hereby authorized shall be sold by the Council as in its judgment may be best, but for not less than par and aceraed interest, and the dunds derived from the sale thereof shall be deposited with the Treasurer of said City to it be by him kept in a fund to be known as the "Bond Redemption Fund" and to be by him applied, together with so much as ru y be necessary of the sinking funds now on hand for said purposes, to the refunding rnd redemption of such of the aforesaid bonds as are nowpayable at the option of said City and to the further redemption of such of the aforesaid bonds as shall become payable on April let and July 1st; 1916; provided, however, that it shall be the duty of the City treasurer to sec to the proper application of the funds derived i from the hale of ::aid bonds, and the purchaser or purchasers thereof shall in no event be responsible of charged with the proper application of the funds derived from the sale thereof; and provided, also that the debt limitations contained in the charter of said City shall not apply to the bonds hereby authorized. II Subdivision 3. The Council shall each year at the time of making the i annual tax levy for City purposes include in such levy a sum sufficient to pay interest due on the outstanding bonds of this issue and to retire the principal amount thereof at maturity. RESOLVE) FURTHER, that this resolutioh for proposed charter amendments submitted to the voters by the Council be filed with the Recorder of the City of Ashland I upon its approval by the Mayor for submission to the legal voters of the said City for i thtir rejection or Approval to be voted upon at a special election which shall be and hereby i is ealled.to be he:Ld on the 11th Day of April, 1916, between the legal voting hours. of said date, and that said time be and the same is hereby Designated as the time for i holdinm saiO special election and the following named places be and they are hereby designated as the polling places for said election and the following named persons be €tnd they are hereby Designated Paid appointed as and for the judges and clerks of election, to act at said polling places for said election on said dame, to wit: Ward No. 1. Polling Place City Fire Hall-Fourth St. G.W.Benedict Chairman, and Mts. Lulu Johnson Pnd P. Provost Judges and Clerks. I Ward No. 2. Polling Place McCarthy Building. W.A.Patrick, Chatrman; and Mrs. A.H.Murphy and Mrs. G.S.HP_thaway, Judges and Clerks. .yard No. 3. Polling Place City Hall F.J.Arant, Chairmen, and Elise Blanch Hicks, and Mrs. C.S.Johnson, Judges and Clerks. RFSOLVrM FURTHRR, that the -Recorder ofsaid City of Ashland shall forthwith provide a ballot title for such proposed measure to be voted upOn at said election as by law provided. RESOLVFD PURTHFR, that the Recorder be and he hereby is instructed and required ! to publish the hereinabove proposed charter amendments submitteP to the voters by the Council in the manner required by law, that is to say, by.publication of this resolution in full together with the ballot title in a newspa~er published in the City of Ashland for two con-, eeutivetpublications in said newspaper within the ten Ways immediately preceding said special`election, andglso by miving notice of such election P--nd appointment of Judges of election by publication in a newspaper published in the said City and by conspicuously posting wards of' aid City not lesa than ten days prior to the of the a notice in each o election. Passed by the Common Council of the City of Ashland on the 216t day of March, 1916o by the following vote. Yeas: Asheraft, Root, Banta, Lamb, Nininger, Coraelius. Nays: None. ;submitted to the Mayor on the 21st day of li. reh, 1916, Approved by the 1jayor on the 21st day of lurch 1916. Mayor* Attest: ecor era