HomeMy WebLinkAbout1915-16 Spec Election AMEND Article XX & add Section 11
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!1 IE:SOIUTIOII CA_.I,IITG
S ECIAL ELE'C'TION TO 1li.Iv~ED
SECTIONS 4, 5, 7, 8 and 10 ~
OF ARTICLE I
gX, Ai:D TO ADD
a:ECTIOII 11 'iHE2ETO.
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Filed this " ' Joy of
l9111
City Recorder.
OFFICE OF
W. J. MOORE
CITT ATTORNEY
ASHLAND, OREGON
ViEREAS, the Common Council of the City of Ashland, af-
ter due consideration of the matters hereinafter expressed,
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have deemed it advisable that certain amendments be made to
the Charter of said Citir of Ashland and that such amendments
be submitted to the legal voters of said city at a special
election called for that purpose.
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AND %IJI REAS, U11D R AUTHORITY GRANTED TO THE CITY COUNT=
CIL by and under section 6 of Ordinance ITo. 35?, which ordi-
Hance 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 of amend-
ing the charter of said city, upon a resolution proposed by
said common council, -tfnich election shall only be held after
due notice thereof and the appointment of judges of said elec-
tion shall have been given by publication in a newspaper pub-
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lisped in the City of Ashland, or by conspicuously posting a
notice in each of the hoards of said city, not less than ten
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days paior to any such special election.
ITOW THEREFORE, DE IT RESOLVED tby.. the common council
of the City of Ashland, Oregon, in regular session assembled
this 20th day of April, 1915, that a special election of the
qualified electors 0f the City of Ashland be and hereby is
called and appointed to be held on Monday the _$T.S3....`_
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day of &?ay, 1915, for the purpose of submitting to the elec-
tors of said city the following amendments to the charter of
said city for the approval or rejection of said electors, to-
wit:
All ACT to amend sections 4, 5, 7,8 and 10 of Article XX
of the charter of the City of Ashland as the same now exists,
which Article XX was added to said charter and became opera-
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tive upon the proclamation of the rTayor of said city, made the
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I, _ 27th__ day of 1914, and to add to said
Article XX a new and additional section, to-hit: Section 11,
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and by such amendments to more fully define the duties and
powers of the Springs 14ater 001'Ili.ssion and to more definitely
provide for the expenditure of the funds on hand:: arising out
of the sale of the bonds of said city provided for by its Or-
dinance Yo. 572, and the ratification of said bond issue made
C by charter amendment of said city which became operative by
proclamation of the I;iayor thereof on the 21st day of dovembex,
1914, and to direct the disposition of such of said funds
as
may not be required for the installation of the Cityj~s auxilia-
ry viater plant, for which said bonds were voted, and to ratify
and confirm the issuance of said bonds, the sale thereof and
such of the acts of said Commission as shovm by::it.s report filed
r,.i'tn-the City-Recorder on April 20th, 1915,: , and ratifying and
confirming the contract of said city with Smith, Emery & Co.,
and to fix the liability of the commissioners composing said'
Springs Water Commission, requiring them to give a bond for
the faithful performance of their duties, defining the terms of
I such bonds and repealing all charter provisions, ordinances
and resolutions in conflict herewith.
BE IT ENACTED BY THE PEOPLE OF THE CI'T'Y OF ASHLAND,
That Sections 4,
5 7 8 and 10, respectively, of Article XX
of the charter of the City of Ashland, as said Article XX was
added to and made a part of said charter by an amendment made
effective by the proclamation of the Layor of said city on
the 27th day of
June 1014, be amended so as to
read as hereinafter set forth, and that section 11 be added to
and made a part of said Article XX of said charter, to read as
hereinafter set forth:
SECTION 4; The said Springs Water Commmission shall have
full control and management of the auxiliary water plant, and
is hereby given power to construct, install and maintain the
same and do all things in and about the premises necessary
`~'r„ for
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its complete construction, installation and maintenance; to en-
ter upon and use for such purposes the public grounds, streets,
alleys, parks and ways of the said City of Ashland in s.o far
as necessary for such construction, installation and operation,
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but when
so used the sane shall be restored by said comrission
to as good condition as formerly existed before such use. Any
~ and all expenses occasioned by such restoration, and all ex-
penses which may be incurred by the city in connection with
said auxiliary water system, 'either in the matter of holding
election or otherwise, shall be borne by and paid from the
,I auxiliary water plant fund to be created and maintained as
hereinafter provided. And it shall be the duty of said
Springs ',Pater Commission to use all or so much of the funds
derived from the sale of the bonds authorized by Ordinance
572 of said city, as shall be necessary for the complete con-
struction and installation of said auxiliary ;rater plant and
of putting the sane into operation. Mnatever of the funds
derived from the sale of the 5N175,000. in bonds of said city,
and i*iich were authorized by-ordinance of said city i?o. 572
and the subsequent ratification thereof shall not be necessary
for the full construction, installation and putting into oper-
ation of said auxiliary water plant, shall be used by said
Commission for the purpose of acquiring such additional lands,
I if any, which said commission shall in its discretion deem:
advisable for city purposes and in improving and beautifying
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Ii. any such lands so purchased, and any other lands or public
grounds or places of said city and for such other purposes for
the benefit of said city and its inhabitants as said commission
shall in the exercise of a very broad discretion in said matters,
which is hereb;;- granted to said commission, deem necessary or
advisable. Nothing in this provision shall be construed to
divert fro-,- the funds
realized fro,.i
the sale of said ponds
any money necessary for the full and complete installation
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and putting in operation of the city's auxiliary water plant,
but it is the intention herein to provide that whatever of
said funds are not required for said purpose shall be used,
in the discretion of said commission, for the additional pur-
poses herein specified, all of which, however, shall be for the
use and benefit of said city and its inhabitants. And the pur-
poses for which the funds, not necessary for said auxiliary
water plant, shall be used shall, within the limits herein
prescribed, be determined by the discretion herein granted to
said commnission.
SECTI017 5: All or so much of the funds realized from
the sale of said $175,000. in bonds of said city as shall be
necessary for the purposes specified in the foregoing Section
No. 4 are hereby appropriated for said purposes. Said funds
shall be deposited by the said treasurer in a specific fund,
separate and apart from other city funds; and said funds
shall be paid out by said city treasurer only upon special
itemized vouchers of the said Springs `eater Commission, which
vouchers stall be issued under the seal of said commission,
signed by the chairman and secretary thereof, and shall show
for tdnat issued, to whom issued and amount paid for each item
thereon enumerated; and the said vouchers shall not be paid
until countersigned by the payee in such manner that the vouch-
er sllal7. stand for a receipt from said payee to the treasurer
for the amount so paid.
SECTION 7: The council shall exact from each of the
commissioners of said Springs Water Commission a, good and suf-
ficient bond in such sum as the council may deem necessary,
conC.itioned upon the faithful performance by said commissioners
of the powers and duties herein conferred and imposed and to
the effect that said commission will honestly and promptly ac-
count for all funds coming under its control under the provis-
ions hereof. The expenses for obtaining and carrying said
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bonds shall be paid out of the funds so appropriated by Sec-
tions 4 and 5 of said Article X.X.
The commissioners shall enter into no contract or issue
any voucher in excess of the sum Rereby appropriated for the
construction of an auxiliary water system and the other purpo-
ses specified in Sections 4 and 5 of Article XX of the char-
ter of said city as herein amended and no contract or other
obligation, together with the total of all contracts and obli-
Cations previously entered into, shall exceed the amount of
fluids herein appropriated for the purpose, it being the intent
hereof to keep the expenditures made by said cornnission entire-
ly within the said appropriation, and any contracts entered
into or any voucher issued therefor in excess of said appropri-
ation shall not be a charge against said fund or the city of
Ashland, but may be recovered upon the bond of said commission-
ers by proper civil procedure.
All contracts shall be made in the name of the City of
Ashland and all contractors shall be required to furnish good
and sufficient surety bonds, conditioned upon the faithful per-
formance of their contracts.
Payments to contractors may be made from time to time
as the work progresses, on the estimates, but at no time shall
such payments exceed the work actually performed, and in no
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case shall more than 85 per cent of the contract price be paid
until the i^:ork is fully completed and accepted.
SECTIOBT 8. That during the expenditure of the funds
from said bond issue, as provided in Sections 4 and 5 of Ar-
ticle XX of the charter of said city, as herein amended, the
said Springs Plater Corenission shall file with the city council
on the first Tuesday of each month thereof an itemized state-
raent of all expenditures made gy the cormuission during the pre-
ceding month, showing for 1=3zat the expenditure was made, and
each item thereof, the total amount and to whom paid, which
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itemized statement shall be published by the co;rnission for the
information of the public; and vh en required by the council
the Springs 4;ater Commission shall make P. detailed statement
of all amounts expended in said construction and of all prop-
erties acouired for said purpose, for the information of the
council and the public, and such statement shall be spread
upon the permanent records of the city; and thereafter month-
ly reports shall be made.
As such reports and itemized statements are from time to
time filed by said commission with said city council said
council shall audit and pass upon the sa:m,e7 but neither said
commission nor said commissioners nor their bondsmen, respec-
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tively, shall be liable for any of said funds honestly ex-
pended in carrying out the provisions of said Sections 4 and
as herein amended. Vialen all of said ilund so appropriated
by said bond issue shall have been expended in accordance with
said Sections 4 and 5, as amended herein, said conmzi.ssion
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shall make its final report to said council, which shall ap-
prove such of such expenditures as have been honestly made
in the carrying out of the purposes expressed in said Sec-
tions 4 and 5, as so amended. 7,hen all of said fuhds appro-
priated by said Sections 4 and 5, as so amended herein, shall
have been expended and the report showing such expenditures
has been filed by said commission, the city council shall have
power by resolution or ordinance to approve the expenditure
of all or any partof the funds handled by said commission
hereunder and to exonerate said commissioners and their bonds-
men, respectively, but t'xle failure of such council so to act
shall not be construed to make such commissioners or their
sureties liable if they otherwise would not be liable under
the provisions hereof.
SECTION 10: The said commissioners shall serve with-
out compensation; provided,that upon the expenditure of all
funds appropriated in Sections 4 and as amended herein,
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and the filing of the report hereirabove provided, the city
council,may, in its discretion, audit and recommend the pay-
went of such compensation to each commissioner as it may deem
reasonable for the services rendered, the same to be paid out
said
of any money unexpended of the proceeds of the/0175,000. bond
issue.
SECTIOI 11: The Springs V:ater Commission having here-
tofore filed with the city council its account of the dis-
bursements of so much of the funds in its hands as have al-
read/ been expended :t8,z
w~ s'hovn, by 'ias5ieTo'rt filed.: with the11`
City-Reeorddr-'on April=20th;=1915,c4 = the City
of Ashland does hereby ratify and confirm such expenditures
as being within the provisions and intent hereof, and the
City of Ashland does hereby ratif=r and confirm that certain
contract executed in said City's name by said conrnission with
Smith, Emery w Co. of San Francisco, California, dated Furth
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` 4, 1915. The City+' of Ashland does hereby further ratify and
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confirm the issue and sale of ;x175,000. bonds of said city,
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provided by its Ordinance FFo572 in so far as it is necessary
to bind said city by the obligation of said bonds and for the
payment thereof according to the terms and tenor ;thereof,
but no further. And so much of said Ordinance No. 572 of
the City of Ashland and so much of Article XX of the charter
of said city and so much of any other charter provision, or-
dinance or resolution of said city as is in direct conflict
with the provisions hereof be and the same hereby is repealed.
BE IT FURTIMR RESOLVED by the common council of the City
of Ashland that the ballot title and number of the foregoing
C measure shall be as follows:
I1EASURE SUBI'ITTED TO 'PPE MUMS BY THE COMIOli COIZ CIL.
Act to amend sectio4s; four, five, seven, eight and ten of
and add section eleven to Article XX of charter of the City
of Ashland and to prescribe duties and powers of Springs Wa-
ter Conn.ission; fixing liability of such commissioners and
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requiring bonds therefrom; providing for expenditure of funds
from sale of bonds issued under ordinance 572 and that said
commission shall use such portion of said funds not required
for city's auxiliary mater plant for purchasing land and beau-
tifying and improving said city's public grounds; ratifying
and confirming expenditures by said commission as filec4wlth;;
recorden,amd contract by said city with Smith, Emery & Co.
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and issuance and sale of said bands; repealing all conflict-
ing charter provisions, ordinances and resolutions.
VOTE YES OR NO.
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yo, . 100 Yes
IO.. 101 I7o.
ICE IT FURTHER RESOLVED that the following are designated
as the voting places of each of the words of the said city for
said special election:
f FIRST WARD: Voting place, 4th Street Fire Station build-
ing.
SECOND WARD: Voting place, Yo Carthy Hall, corner of lain
and Granite Streets.
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THIRD WARD: Voting place, City Hall.
And the following named persons are appointed judges Of
said election: c~
FIRST WARD: Judges. GG.Iii=R oR4o ?~iii; ifs d
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SECOSiD V`lARD, Judge` _CZ/!L - THIRD WARD, Judges_
The two judges last named in each ward shall also act as
clerks of election.
The polls shall be opened froL nine o'clock in the fore-
noon until six o'clock in the afternoon of said day and said
election will be conducted in accordance with city ordinance
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357, Article 4 of the charter of said city and the general
laws of Oregon as far as practicable.
DE IT T'URTHI RESOLVED that the city recorder be and he
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is hereby directed to give notice of such special election
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and the appointment of judges of election by publication there-
of, in a newspaper, published in the City of Ashland, and of
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the proposed amendment to the charter of said city,to be voted
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upon,at least ten days prior ct'o said election, as required by
the laws of the State of Oregon, and the ordinances of said
,city as in such cases made and provided.
j The yeas and nays were demanded and taken upon said res-
olution as follows:
Yeas
Nays'l car vt
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j Approved day of 1915
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nd.y
i`;iayor of the City of Ashla
ATTEST 1915•
City--Recorder of Ashland, Ore.
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A RESOIZTION CA LIIIG
SI EC IAL E.LEC T IOU TO A:.:E111D
SECTIONS 4, 5, 7, 8 and 10
OF ARTICLE XX, J:,D TO ADD
SECTION-11 THERETO.
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Filed this " ~y of
G~ ,91tf
City Recorder.
OFII ICr OF
W. J. MOORE
CITY AfTOR\SY
nslil.aNIu. oarcON