HomeMy WebLinkAbout1915-05 Spec Election to Amend the Charter
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RESOLUTION CALLING SPECIAL
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ELECTION TO AMEND CHARTER.
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LAW OFFICE OF
' W. J. MOORE
ASHLANO,OREGON
i RESOLUTION CALLING SPECIAL ELECTION
TO AMEND CHARTER .
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WHEREAS, at a special election held on the 15th day of December, 1914,
having for its purpose the amendment of Section 1 of Article I of the charts
I~ of the city of Ashland, Oregon, and thereby changing the Westerly boundary
line of the said city, and
WHEREAS, the County Court of Jackson County, Oregon, proposes to
extend the Pacific High-Way from the foot of Eagle Mill Hill or Farnum Hill
along "Line A" route as surveyed, staked, platted, and designated by the
State High-Way Engineer, to an under-grade crossing of the Southern Pacifb
Railroad right-of-way, as shown on the map of said survey, and thence
across said right-of-way to within the present city limits of Ashland, as
described and adopted by the electors at the aforesaid city election, and
thence Southeasterly along the line hereinafter described, and
WHEREAS, a fazthaz question has arisen as to the power of the County
i Court under the law to expend county money within the corporate limits of
the said city, and
WHEREAS, the said court has expressed a willingness to procure a
right-of-way within the said limits and build, construct and complete said
Pacific High-Way and to bear all the costs and damages occasioned thereby,
provided the said court could legally do so, and
WHEREAS, the estimated expense of securing such right-of-way and
constructing said Pacific High-Way within the city limits is too great for
the city of Ashland to assume at the present time, and
WHEREAS, it is the judgment of the city council, that the strip of land
over which the proposed Pacific High-Way will be built is of but little, if
any value to the city of Ashland, and that in the event of the building
of said highway and the excluding of the said strip of land from the cor-
porate limits of the city that no real injury or damage to the city will
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result therefrom, and that it is for the best interest of the city financial-
ly and otherwise if said strip of land were so excluded, and that the County
Court were thereby given jurisdiction over the same, and
WHEREAS, in order to exclude said strip of land from the city limits ,
it is necessary to call a special election of the city of Ashland, Oregon,
amending the charter, changing the Northwesterly boundary line of the city
to conform to the Southerly boundary line of the proposed Pacific High-way
within the present limits, and
WHEREAS, under authority granted to the city council by and under
Section 6 of Ordinance No. 7,57, which ordinance was duly approved on the
18th day of August, 1908,,,and authorizing the common council of the city
of'Ashland, Oregon, to call special elections at any time for the purpose
the
of amending charter of said city upon a resolution proposed by said common
council, which election shall only be held after due notice thereof and the
appointment of judges of said election shall have been given by publication
in a newspaper published in the city of Ashland, or by conspicuously post-
ing a notice in each of the wards of said city, not less than ten days
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prior to any such special election.
NOW THEREFORE, BE IT RESOLVED by the common council of the city of
Ashland, Oregon, in regular adjourned session assembled this 26th day of
January, 1915, that a special election of the qualified electors of the
city of Ashland is hereby called and appointed to be held on Friday, the
12th day of February, 1915, for the purpose of submitting to the electors
of said city the following amendment to the charter thereof for their
approval or rejection, to-wit:
AN' ACT
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to amend Sectional of Article I of an act entitled "An act to amend an act
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entitled 'An act to incorporate the City of Ashland, Jackson County, Oregon,
and to define the powers thereof,' filed in the office of the Secretary of
State, February 21st, 1889, and the act approved February 25th, 1895, amend-
ing the same,' and as amended by Section 2 of that certain act of the
legislative assembly entitled, "An act to amend an act entitled "An act to
incorporate the City of Ashland, in Jackson County, Oregon, and to define
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the powers thereof,' filed in the office of the Secretary of State February
21st,1559," and the acts approved February 25th, 1895, amending the same,
i filed in the office of the Secretary of State October 14th, 1895, approved
February 3rd, 1903, and as also amended by that certain act of the legisla-
tive assembly filed in the office of the Secretary of State. February 21st,
1905, entitled, "An act to amend Section I of Article I of an
'An act entitled an act to amend an act entitled an act to incorporate the
City of Ashland, and define the powers thereof,f filed in the office of the
Secretary of State February 21st, 1889," and.the act approved February 25th,
1895, amending the same, filed in the office of the Secretary of State
January 318t, 1903, and to amend an act entitled an act "To amend Section T
of Article I of an act entitled "An act to incorporate the City of Ashland,
Jackson County, Oregon, and adopted at the annual city election held Dec-
ember 15th, 1905, and proclaimed by the Mayor December 17th, 1908," and.to
amend an Act entitled an act "to amend Section I of Article I of an act
entitled 'An act to incorporate the City of Ashland, Jackson County,Oregon,~
and adopted at the annual city election held December 19, 1911, and
proclaimed by the Mayor December 27, 1911, and to amend an act entitled an:'
act,"to amend Section I of Article I of an act entitled 'An act to incor-
porate the city of Ashland, Jackson County, Oregon, adopted at a special
electiln held on the 15th day of.December, 1914, and proclaimed by the
Mayor on the 22rxiday of DecembeT,1914, be and the same is hereby amended
to,read as follows:
ARTICLE I.
Section 1. All that district embraced within the boundary lines
described as follows, to-wit: Beginning at a point which bears South
twenty-six hundred and forty feet from the corner common to sections nine,
ten, fifteen and sixteen, township thirty-nine South of range one east of
the Willamette Meridian, Jackson County, Oregon, thence West seventy-nine
hundred and twenty feet; thence North fifty-nine hundred and forty feet;
thence West nine hundred and ninety feet; thence North fifty-eight hundred
and ninety feet; thence West three hundred and thirty feet; thence North
to an intersection with the Southerly boundary line of the Oregon and Calif-
ornia Railroad right-of-way; Thence Southeasterly along said boundary, a
distance of 552 feet, more or less, to an intersection with the Southerly
boundary line of the right-of-way of the proposed route of the Pacific
High-Way as surveyed, staked and mapped by the State High-Way Engineer of
the State of Oregon, and upon which map, said route is delineated and
designated as "Line A" route; Thence Southeasterly along said Southerly line
of right-of-way of Pacific High-Way, a distance of 193.8 feet; thence on a
7°40' curve to the left, a distance of 128.5 feet; Thence South 41033' East,
a distance of 70 feet, to an intersection with the North side line of city
pavement as laid in the year-; Thence South 60°57' East along said North
side line of city pavement, a distance of 207.5 feet; Thence South 58015'
East along said North side line of city pavement, a distance of 690 feet;
to a point which is South 58015' East 745.3 feet and North 9 feet from the
intersection of the West line of D. L. C. Number 38 with the center line of
North Main Street; Thence North 31045' East, a distance of 31.3 feet,more or
less, to an intersection with the Southerly line of the Oregon and California
Railroad right-of-way;Thenee Southeasterly along the said boundary line of
said right-of-way to a point where said line intersects a line drawn East
and West thirteen hundred and twenty feet South of the North line of
Section five in said township and raT}ge; Thence East to the East line of
section four; Thence South on the East line of Sections four and nine to
the South boundary line of the Oregon and California right-of-way;Thence
southeasterly along the South boundary line of said railroad right-of-
way to a point four hundred and forty-one feet South 55°10' East of the
East boundary line of the county road known as Weightman Street; Thence
South parallel with and 362 feet distant East of the East line of Weight-
man Street; a.distance of six hundred and twenty-five feet; Thence East
one hundred and three feet; Thence South parallel with Weightman Street
1,148.8 feet; Thence East 710.16 feet to an intersection with the West
line of Walker avenue; Thence South along the West side line of Walker
avenue a distance of 986.3 feet; thence South 56 degrees and 13 minutes
I East parallel with and 300 feet distant at right angles from the Northerly
side line of the Boulevard a distance of 1,686.4 feet to the center line
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of Cemetery street; thence Gouth three hundred and fifty-eight feet to the
North boundary line of the Boulevard; thence South 560131 East along the
thence South 790 feet;
North line of the Boulevard five hundred and seventy-eight feet;ethence
North 56'131 Rest seven hundred and seventy-two feet; thence North Six
hundred and sixty feet to the South boundary line of the Boulevard;' thence
North 560131 Wiest along the South boundary line of the Boulevard twenty-
two hundred and ten feet; thence South twelve hundred and fifteen feet;
thence Rest along the South boundary of donation land claim number forty-
five, township thirty-nine South of Rango one East of the Willamette Meri-
dian, Jackson'County, Oregon, six hundred and four and eight-tenttis feet
to the Southwest corner of said donation land claim number forty-five;
thence South eleven hundred and seventy feet; thence West fifteen hundred
and twenty-five feet to the place of beginning, shall be and the same is
hereby coneituted the City of Ashland, and the present and future resi-
dents of said district shall be and are hereby coneituted a municipal
corporation by the name of "the City of Ashland" and by that name may sue
and be sued, plead and be impleaded, prosecute and defend, in all courts
of justice and in all actions, suits or proceedings whatsoever; may have
and use a common seal, and may alter the same at pleasure; may purchase
or acquire by exercise of eminent domain, lease, hold or receive real or
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personal property within and beyond the limits of the ei.ty, for the construe-
tion and maintenance of waterworks to supply the city with.water, and for
the construction of gasworks or other works to supply the city with light;
and for the construction of street railways, and any and all other public
utilities which after submission to the people of the said corporation shall
by them be deemed advantageous to said corporation; and for such purpose
or purposes may take private property within the limits of said city for.
public use, and within and beyond the limits of said city for the purpose
of supplying it with water, and may lease, sell or dispose of any of the
above described property for the benefit of the city, provided that any and
all water and waterworks and water rights now owned or which may hereafter
be acquired by said city, or any property now owned or which may hereafter
be acquired by said city for the purpose of supplying the inhabitants there-
of with water shall never be rented, sold or otherwise disposed of; nor
shall said city ever grant any franchise to any person or corporation for
the purpose of supplying the inhabitants of said city with water, but the
right to furnish the inhabitants thereof with water shall forever be vested
in the City of Ashland, with full power and authority to.condemn, purchase,.
appropriate and own the water of any stream or spring for the purpose of
supplying the water system, and to do any and all things necessary, proper
or convenient in the premises to give the most efficient and effectual
water sertice to the said city without in any way impairing its right to
any existing water, waterpower or water right now owned by it, or which
may hereafter be owned by it, or which may Uereafter be owned by the said
city; and may make any and all arrangements and ordinances deemed by the
City Council of said City of Ashland pertinent and proper for the preserva-
tion and security of such water and the effectiveness of such water system;
provided the uses and appropriations heretofore made to and by said city
and the water rights heretofore purchased by said city shall be and the
same are hereby vested in said municipality, with the right to exact and
collect compensation of the users of water from such water system; pro-
vided, further, that all revenues arising from the sale of water, water-
power, or the collections of rent shall be set apart as a fund from which
to pay, first, all needful expenses.in repairing, renewing and eittending
said water system as necessity therefor shall arise and for the payment
of the interest on the water bonds of the City of Ashland, as the same
shall accrue;"and second, of the residue of such water rents and revenues
a sinking fund shall be created to be kept inviolate and to be applied
to the discharge of the water bonds of said city when the same shall be-
come due and said water funds shall be used for no other purpose. The
City Council shall, at its first regular meeting after the adoption of this
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provision, enact suitable ordinances for the purpose of carrying the same
into effect. The said City of Ashland shall have all the general powers
possessed by municipal corporations under the statute laws of this state,
and of common law not inconsistent with the state law, and in addition
thereto shall possess all powers hereinafter specifically granted, and all
the authority thereof shall have perpetual succession.
BE IT FURTHER RESOLVED that the following are designated as the voting
places of each of the wards of the said city for said special election:
X FIRST WARD,---Voting place, 4th street fire station building.
SECOND WARD ,---Voting place, McCarthy hall, corner of Main and Granite
streets.
THIRD WARD,---Voting place, City hall.
And that the following:,named persons are appointed judges of said
election:
First Ward Judges: ,
Second Ward, Judges:
Third Ward, Judges: ~JR.a l~ lUO
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The two judges last named in each ward shall also act as clerks of
election,
The polls shall be opened from Nine o'clock in the forenoon until
Bib o'clock in the afternoon of.saidday and said election will be conducted
in accordance with city ordinance No. 357, Article 4 of the charter of said
city and the general laws of Oregon as far as practicable.
BE IT FURTHER RESOLVED that the City Recorder be and he is hereby
directed to give notice of such special election and the appointment of
judges of election by publication thereof, in a newspaper, published in the
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city of Ashland/of the proposed amendment to the charter of said.city to be
voted upon at least ten days prior to said election as required by the laws
of the stc-te of Oregon, and the ordinances of said city as in such cases mad;
and provided.
The Yeas and Nays were demanded and taken upon said resolution as
follows:
Yeas, -i~U-~ LE?.en-cr ( i anti , qk~ ~4 e 4e~
Nays,-
Approved, day of January, 1915.
ATTEST: January 1915.
City Recorder of Ashland,Oregon.
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