HomeMy WebLinkAbout1916-17 Proposing to Amend Articles XIX & XX of the Charter
R E S 0 L U T I O N---
PROPOSING TO LVEND
ARTICLES XIX and XX, OF
THE CHAPTER.
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Filed this - - day of
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1911 City Recorder.
OFFICE OF #Y
F' IV. J. MOORED
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1 CITY ATTORNEY
_ A911LANO.OREGON li.
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RFSOLUTION---CALLING SPECIAL ELECTION.
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WHEREAS, upon the recommendation of the Trustees of
the Commercial Club of the city of Ashland, as well as upon the
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recommendation of other citizens and tax payers, the Common Council
of the city of Ashland, after due consideration of said recommend- si
ations and of the matters hereinafter expressed, have deemed it I
advisable that certain amendments be made to the Charter of said
city of Ashland, and that such amendments be submitted to the legal
voters of said city, at a special election, called for that purpose,
and,
WHEREAS. under authority granted to the city
council, by and under Section 6, of ordinance number 357, which
ordinance was duly approved on the 18th day of August, 1908, and j
authorizing the common council of the city of Aahland, Oregon, to
call special elections, at any time for the purpose of amending
the Charter of said city, upon a resolution proposed by the said
.Common Council, which election shall only be held after due notice
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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 conspiciously posting a notice in each of the
wards of said city not less than ten days 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 9th day of November, 1916, that a special election
of the qualified electors of the city_.,of Ashland, be,and hereby is,
gilled and appointed, to be held on the 24hth day of
November,.1916, for the purpose of submitting to the electors of
said city, the following amendment to the Charter of the city,for
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the approval or rejection of said electors, to wit
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t To amend Articles XIX and XX of the Charter of the
city of Ashland,Oregon, said Charter being that certain act of
the Legislative Assembly of the State of Oregon,filed in the office
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of the Secretary of State, October,14th,1898, entitled,"An Act to
amend an Act, entitled, ''An Act to incorporate the city of Ashland,
/ in Jackson county, Oregon, and define the power thernf,"filed in the
j I office of the Secretary of State,February 25th,1895, amending the
j same", as amended by all acts subsequent thereto, either of the
Legislative Assembly of the state of Oregon, or by vote of the quali-
fide electors of the city of Ashland, Oregon; to abolish the Ashland
Park Commission,created by Section 2 of Article XIX of said Charter,
as said Article XIX was added to and made a part of the Charter by an
amendment made effective by the proclamation of the Mayor of-the Said
city on the 17th day of December, 1906; and alsoofto abolishXthe
Springs Water Commission, created by Sections 1 and 2,,of the Charter
of the city of Ashland, Oregon, as said Article XX was added to.and
.I made a part of said Charter, and became operative upon the procla-
mation of the Mayor of said city on the 27th day of June,1914,
- and repealing all charter provieion,s,ordinancea and resolutions
of the said city of Ashland in conflict herewith; the creation of a
new board to be known and designated as Mineral Springs & Park Commission,
fixing terms of office,defining its powers and duties,and providing for
the creation of a fund to be expended in publicity and for the
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maintenance and betterment of the Auxiliary Water Plant and the
Public Parke of the city of Ashland; and directing that all public
funds, assets or other property whatsoever,now in the possession of
either the Ashland Park Commission or the Springs Water Commission,
t be delivered to the successors in office of said Commissions, and for
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the leasing, upon a royalty or other consideration, either for
bath- ing or other medicinal purposes, all of the surplus watere,over and
above that consummed at the public fountains,of the several mineral
springs now being piped into the city of Ashland, and to grant
concessions.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF ASHLAND,OREGON.
That Articleo XIX and XX, as said Articles were
added to and made a part-of the Charter of the city of Ashland,
said Article-XIX becoming operative by the proclamation of the i
Mayor of said city on the 17th day of December, 1908, as further
I amended, and proclaimed by the Mayor on the 13th day of May, 1912,
and the said Article XX becoming operative by the proclamation
of the Mayor of said city,made on the 27th day of June,1914, be
amended so as to read as follows
_ Section 1.- That both the Ashland Park Commission
and the Springs Water Commission be, and they are hereby abolished.
i Provided, however, that the members of both the Ashland Park
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Commission and the Springs Water Commission, shall retain their
respective offices, and perform all the duties pertaining thereto,
as provided and required by Charter Amendments and Ordinances of
the city of Ashland, until such time as their successors in office
shall be regularly. elected and qualified, as hereinafter set forth.
Section 2.- A Board is hereby created, which shall.
be known and designated as the Mineral Springs & Park Commission,
which Board shall consist of three members, each of whom shall be
a resident, a freeholder and a legal voter of the city of Ashland,
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Oregon.
Section 3.- The first members of said Board shall
be elected by the voters of the city of Ashland, at any general
city election, or at any special election called for the purpose.
One of said members shall serve as such for a term of one year,
from the let day of January, 1917; one shall serve for a term of
two years, from said let day of January, and the third member shall
serve for a term of three years, from the said let day of January.
Provided, However, that each of said members shall serve until his
successor is duly elected and quallfied. The member elected for the
` long term shall be the Chairman of said Board, during his term of
office. It is further provided, that membership to said Board shall
be regularly filled every year, as follows : One member shall be
elected at the annual city election, to be held in December,1917,
and every year thereafter, a member shall be elected at the annual
city election. The full term of office of each of said members so
elected, after the first set of officers, shall be three years, and
they shall each take office on the let day of January, following his
election, and the member oldest in service on the Board, shall be its
j Chairman. Provided, further, that in case of vacancies occu-ring on I
said Board, the same may be filled by appointment by the Mayor of {
the city, which appointee shall hold office until the next annual
I city election, or until a successor is elected and qualified.
I ' Appointments so made, mist, before going into effect, be confirmed
j by the city council. Provided, further, that_all candidates for member-
ship on said Board, shall be nominated in the same manner and within
the time, as provided in Section three of Article IV of the City
Charter. The vote for members of said Board shall be canvassed and
a certificate of election issued and delivered to the successful
candidates, as provided in section seven of said Article IV, and
thereafter, such person shall qualify by taking the oath of office,
as provided in Section nine of Article IV, of the city Charter.
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Section 4.- Whenever the members of said Mineral
Springs & Park Commission have been elected and qualified, as herein- '
above provided, the Springs Water Commission and the Ashland Park
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Commission shall each, immediately, after such qualification, deliver
to the said Mineral Springs & Park Commission, all public records,
money, and other public property, in the possession of either of said
Commissions, by virtue of their respective offices, together with the
possession of the Mineral Springs plant, and the possession of all
the park lands of the city, hereinafter particularly described, and
that thereafter, the cparaticn, management and control of said Mineral
Springs Water plant, and the parks and the park lands, of the city of
Ashland, shall devolve upon said Mineral Springs & Park Commission
j board, and the said Springs Water Commission and the said Ashland Park
Commission, shall be relieved of further management, control or
responsibility on account of said parks and said water plant.
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• Section 5.- The members of the said Mineral Springs
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Park Commission, after qualifying, as aforesaid, shall immediately
meet and elect one of their number as Secretary, and shall then, or
as soon thereafter as practical, formulate and adopt rules and
regulations for their government, and for the purpose of carrying
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into effect the purposes of their creation, as a commission, under
the provisions of this amendment. The said Board shall also appoint
a Superintendent of Parks, and a Superintendent of the Mineral Springs
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Water Plant, and shall fix the compensation, tobe,paid toy,/each of
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said Superintendents1 The Board shall have power to discharge either,
or both of such Superintendents, whenever, in the judgment of the Board,
such discharge will be for the beet interests of the city, and the
Board may employ additional laborers to assist in the necessary up-keep
and maintenance of said water plant, and the public parks of the city.
But all ouch additional laborers shall be under the immediate
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supervision and direction of the respective Superintendent of Parks or
the Superintendent of the Mineral Springs Plant, as the case may be,
either of which Superintendents shall have authority to discharge any
such sub-ordinate employee, who fails, neglects or refuses to render
good and efficient service in the line of his employment.
Section 6.- That the lands now owned by the city of
Ashland,(except its streets,alleys and plaza,and excepting also such
lands as are now owned by it for the purpose of taking rock for street
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purposes, city pound, hitching grounds, reservoir sites, septic tanks, pub-
lic market sites and such lands as have been taken over by the city
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on account of public assessments,) and all lands owned by said city
bordering upon or adjacent to Ashland creek, and described as
follows, to wit ! Beginning at the point of intersection of Main street
{ and South Pioneer Avenue;thence southerly along said South Pioneer
Avenue to its intersection with the south line of D.L.C. No.IW;
thence east on said D.L.C. line to Glenview Drive; thence southerly
along said Glenview Drive to its intersection with the south line of ~I
the N* of the NW of Section 16, township 39, south, range 1, east, - it
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w.M.,Oregon; thence west along said line to Granite street; thence
northerly along Granite street to Main street;, thence southeasterly
along Main street to place of beginning. And all lands acquired by
the city during the year 1915, abutting on either Mill street or Grariite
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street in said city, and also all park lands in the center of the
/ Boulevard and the center of the Plaza, are hereby reserved and forever
dedicated by the people of the city of Ashland for perk purposes, and
shall never be sold, encumbered or used for any other purpose incon-
sistent therewith; provided, however, that such public buildings as
may enhance the beauty of said Parks or which shall not detract there-
from may be erected and maintained therein, with the approval and
under the direction of the said Board. Provided, further, that .
nothing contained in this act shall be construed so as to impair or
interfere with the proper maintenance or operation of ,the city's light,
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power or water system, or the right to protect the water of said creek
from contamination, nor to prevent the city council from making
street connections between Mill street and Granite street of any point
they may select, and to grade, pave or otherwise improve such street
or streets.
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Section 7.- The said Mineral Springs & Park Cbm iSeicn
eha11 have control and management of all'the lands so dedicated for
park purposes, and all other lands that may hereafter be acquired by
the city for ouch purposes. And the right to control and manage said
park lands shall include and empower said Board to improve and beautify
the same, and to grant concessions to individuals,companies or corpo-
rations, to conduct places of amusement, and business of.a temporary
nature, such as confectionary and ice-cream stands, etc., within the
boundaries of said park, and to charge and collect a reasonable fee
for such concessions, but.no concession shall be granted for a longer
period than ten years, without the Board having first been authorized
so to do by a majority vote of the electors of the city of Ashland.
Provided, further, that concessions shall in no event be granted
by said Board for the conducting, operating or playing of any game of
chance, or other form.of amusement in which the element of chance
enters, --.r the playing or operating of which is in violation of the j
laws of the state of Oregon, or the Charter, or any of the Ordinances
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of the city of Ashland, nor shall permission be granted, licensing
or allowing improper or immoral conduct on any of the parks of the
i city. Said Board is further authorized and empowered, at its
discretion, to either, lease or charge.a royalty for a term not
exceeding twenty-five years, for the use of the city's interest
in any of the mineral raters flowing into said park, over and above
that drank or otherwise consumed at the public fountains. The
Board shall have control and direct the expenditure of all the park
funds, and funds created or received for the maintenance of the
Auxiliary Water Plant, the public parks and for publicity purposes,
as hereinafter set out, whether said funds are obtained by taxation,
dmnation or otherwise.
Said Board shall also have power, and it shall be its
duty to employ suoh means as may be necessary to prevent the ravages
of the pine beetle, now working on the growing timber, located on any
of the park lands hereinabove described, and to protect said timber
from distruction by said beetles or other insects, or by fire, and
the Board is further empowered to expend from the funds hereinafter
created, such amounts as are reasonably necessary in the protection of
said growing timber; the Board is also authorized and empowered to
sell and dispose of, at the best price obtainable, all dead' timber,
and all fully matured trees, which may show signs of decay, found on
any of the said park lands, and to deposits the proceeds of such Bales
in the aforesaid fund, but.none other of the growing timber on said
lands shall ever be sold or otherwise disposed of.
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It shall be the duty of said Board, and it shall,
on the lst of each month file with the City Recorder, for the informa-
tion of the council and the public, a complete report of its doings
for the preceding month, which report shall specify all funds on hand,
and the source from whence obtained, and it shall carry a clear state-
ment of all moneys expended and for what purpose, including all
purchases made and all labor performed, together with the cost thereof.
Said report. shall also contain a full and complete statement of all
improvements made in and about said park, as well as improvements
made in connection with the Bald Auxiliary Water Plant, Said Board shall
on or before the let day of November, of each year, file with the
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j City Recorder, for the information of the council, a full and
complete estimate of the amounts to be expended and the nature of
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such expenditures in the operation, improvement and repairs of the
said public parks and said Auxiliary Water Plant for the succeeding
year.
Section 8.- The common council of the city of Ashland
is hereby empowered and directed to levy a tax of not less than
three and one half mills nor more than five mills on the dollar on all
of the taxable property of the city, at the time of making the
general levy for other expenses of the city, ss;provided in Section 2
j of Article VII, of the City Charter, which levy shall be in lieu of
the one half mill levy provided for in Section twenty three of said i
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Article VII; the two mill levy provided for in Section 3 of Article
XIX, and the one mill levy provided for in Section nine of Article XX,
all of the Charter of the city of Ashland, which levy shall be made
annually for a period of five years, beginning with the 1,016 levy.
And thereafter the council may levy a sufficient sum each year, not
exceeding five mills, on the dollar, of the taxable property of the
city to defray the necessary maintenance and improvement of said parks
and Auxiliary Water System, and for publicity purposes.
Whenever any money is collected on account of said
levy, or is received from any other source, for the aforesaid
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purposes, the same shall be deposited with the City Treasurer, and be
subject to the order of said Board. The funds so created shall first
be ecconomically and j udi c ibusly used in the maintenance, up-keep and
betterment of the said auxiliary water plant and the public parks
of the city, and any excess of said.fund,over and above the amount
necessary to so maintain and improve the said water system and the
said parks, and to protect the growing timber, located on the parks,
from distruction by beetles, other insects or by fire, may be
j expended in the advertising of the attractions, resources and
advantagesof the city of Ashland, and other publicity purposes, which
'j from time to time may arise, including donations, which will tend to ,
improve and stimulate business conditions of the city. Provided,
j however, that so long as the Southern Oregon Chautauqua Association
shall own the Chautauqua park in said city, and the general public
shall be permitted to use the same for public purposes, as in
previous years, the said Mineral Springs & Park Commission shall,
in consideration of such use, annually appropriate from the proceeds
of the levy provided for in this section, the sum of Three Hundred
($300.00) Dollars, which sum shall be expended for the maintenance and
beautifying of said Chautauqua park.
Section 9.- The members of said.Board shall serve
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+ without pay, except for extra-ordinary services required of them,
and for expenses necessarily incurred in the performance of their
duties. The Board shall hold regular monthly meetings, which shall
be open to the general public, and accurate book accounts and minu-
tes- of the Board shall be kept, all of which shall constitute
public records, and be subject to the inspection of the general
public, under the direction and supervision of the custodian of the
records, at such times as said inspection will not interfere with
the official business of the Board or ouch custodian. The members of
said Board, before entering upon the discharge`of-their official
duties shall give a good and sufficient surety bond, in a sum of
t not less than five hundred(t, 500.00) Dollars, conditioned upon the
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I faithful performance of their duties as members of said Board, as
herein provided; and the accountingfoz all funds or other property
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that may pass into their hands. by virtue of this charter amendment,
the premiums of which bonds shall be paid out of the fund hereby
created.
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Section 10.- No member of the Board shall,during
the term of his office, be interested in any contract with the Board,
and all jobs and contracts for constructing, repairing,ornamenting
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or improving any of the public parks of the city, or the maintenance,
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upkeep or repair of the Auxiliary Water Plant,or the protection of the
public parka from the ravages of the pine beetle,other insects, or
from fire, the probably cost of which will exceed $500.00, shall be
advertised fox ten days, calling for bids therefor, which work shall
be done according to the plans and specifications to be furnished
and approved by the Board. Provided, that the Board shall have the
right to reject any and all bids without incurring any liability
on account of such rejection.
Section ll.- The powers granted to, and the duties
imposed upon the Ashland Park Commission, by that certain ordinance
number 626, entitled " An Ordinance defining the meaning of the
world "Parke and 'Parks',. and to regulate the use of the public
parks of the city of Ashland, Oregon, adopted by the Common Council,
on the 18th day of May, 1916, and approved by the Mayor on the 22nd
day of May, 1916, are hereby extended to, and shall be exercised by,
and required of the said Mineral Springs & Park Commission, herein-
above created., and all d• the prcvisions of said ordinance are
hereby approved and confirmed.
Section 12.- That all charter provisions, ordinances,
and resolutions, of the city of Ashland, Oregon, in conflict with
this amendment, especially those charter provisions of Articles XIX
and XX, are hereby repealed. Except, however, the amendment tc
Section 1, of Article XIX, adopted by the people of the city of
Ashland, Oregon, on the 6th day of May, 1912, in so far as said
amendment granted certain rights and privileges and imposed
certain exactions and burdens on the Southern Oregon Chautauqua
Association, it being the intention that all such rights and
privileges, so granted, and all of the burdens placed upon and
required of said Association, by virtue of said amendment, as set
out in said Section l,shall be and remain in full force and effect.
BE IT FURTHER RESOLVED, That the following are designated
as the voting places of each of the wards of said city for said
special election:
FIRST WARD: Voting place, 4th Street Fire Station build-
ing.
Second Ward: Voting Place, McCarthy Hall, corner of Main
and Granite Streets,
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THIRD WARD: Voting place, City Hall.
And the following named persona are appointed judges of
said election
FIRST WARD Judges 71_l ~.Cf
SECOND i7ARD: Judges
THIRD TARD: Judg)es~
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 fore-
noon until six o'clock in the afternoon of said day and said
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election shall be conducted in accordance with City Ordinance
No.357,Article 4 of the chaster 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 cf such special election
and the appointment of judges of election by publication thereof,
in a newspaper, published in the city of Ashland, and of
the proposed amendment to the Charter of said city, to be voted i
upon,at least ten days prior to 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.
The yeaa and nays were demanded and taken upon said
resolution as follows
YEAS-
NAYS- ~~/I ± yck~-- ( G .7t, K G c a
APPRO17ED ~ gay of I n e-»i, re-r 1916.
mayor 6 t e city orAah an .
ATTEST: ZF 1916.
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ecf cor~.er,,-c tha city of-Ashlanl..--
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