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HomeMy WebLinkAbout1916-26 Spec Election Abolish Park Commission ---RES 0 L UT I ON--- CALLING.SPECIAL ELECTIO'.i ~ i To abolish the ' t 1 Ashland Park Commission I , < r: I I j I Filed this C/ ` doy of ii City Recorder. OFFICL ON W. J. MOORE CITY ATTORNEY wsncwxn, OIaEOON ---RE S GLUT I ON i CALLING SPECIAL ELECTION, i _ -IERcAS, a petition quite generally signed by the citizens of Ashland, has been filed with the City Recorder,pre-Ying that a special election be called for the purpose of abolishing the Ashland Park Commission, and placing tha protection, the maintenance, management and control of all the public parka of the city in the hands of the common council of the city.of Ashland, and I WHEREAS, the common council of Ashland, after due consideration of said petition, and all matter's and. things pertain- ing thereto, deem it advisable that a special election be called for the pruposs of amending the city Charter, as prayed for in said petition, and under authority granted to the city council+ THFREAS, by and under Section 6, of Ordinance number 357, which r ordinance was duly alp roved on the 18th day of Auguat,1908, and authorizing the common council of the city of Ashland,Oragon, to call special elections,at any time for the purpose of amending the Charter of said city,uFon a resolution proposed by the said common council, which election shall only be held after due notice therecf,and the appointment of judges of said election, shall have 'peen given by publication in a newspaper,publisbad in the city of Ashland, or by.conspiciously posting a notice id each of the I Wards of said city not less than ten days prior to any such - - q special election. idOW TI-MHEEOAE, BE IT AESOL6EP, By the common council of the city of Ashland, Oregon, in regular adjourned session assembled, I this 6th day of December, 1916,that a special election of the qualified electors of the city of Ashland, be, and hereby is called and appointed, to be held on Tuesday, the 19th day of December,1916, for the purpose of submitting to the electors-of said city the following amendment to the Charter of the city for .-1 +ho arnrnna.l nr reiection of said electors,tgwit AN ACT . An Act to amend Article XIX 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 of i the Secretary of State, October 14th, 1899, entitled "An act to amend an act, entitled'An Act to incorporate the.city of Ashland, Jackson county, Oregon, and define the pow--r thereof' filed in the office of Secretary of State, February 25th, 1995, amending the name% as amended by all acts subsequent thereto, either of the Legislative i i Assembly of the state of Oregon, or by vote of the qualified electors of the city of Ashland,- Oregon, to abolish the Ashland Park Commission, i created by Section 2, of Article .XIX of the 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 :ds'yor of said city, on the 17th day of December, 1908; to confer upon the common council of the city of Ashland, Oregon, certain powers, and requiring of said council, certain duties, heretofore required of and performed by the said f Ashland Park Commission, under and by virtue of said Article XIX of the Charter, and the amendment thereof; to require that the common council levy a tax annually, of not more than two mills on the ~ dollar of the taxable property of the city, at the same time the council makes its levy for general city purposes, the fund thereby I created to be segregated and know:a as the Ashland Park Fund, and to I+f be expended only in the protection, maintenance, beautifying and t improving of the public parks of the city ,.and the growing timber Ghd other improvements thereon, and the payment of any present y indebtedness now existing against the said Ashland Park Commission; directing that the said Ashland Park Commission make a full, true i and complete report of all moneys received and disbursed by it during the past year, as well as all other matters and things _ pertaining to the operation, present condition and equipment of . said public parks, and -file the same with the City Recorder, on or i before the let, av of January, 1917, and at the same time deliver over to the city council, all books, contracts, deeds, money or other public property nor; in the possession of said Ashland Park Commission, and repealing all Charter provisions, ordinances and resolutions of the said city of Ashland in conflict herewith. BE IT ENACTED BY THC PEOPLE OF TIC CITY OF ASFJ,AND,OREGON: i That Article XIX,as said Article was added to and made a part of the Charter of the city of Ashland, becoming operative by the proclamation of the Mayor of the said city on the 17th day of December, 1909, be amended, to read as follows: Section 1.- That the Ashland Park Commission of the city of Ashland, as created under and.by virtue of. Article XIX of said Charter of Ashland, be, and the same is hereby abolished. Provided, `however, that the members of the &aid Commission,as now constituted, shall perform their duties as set cut in said Article Y.IX, until the 1st day of January, 1917, at which time they shall make a full, true and complete report of all moneys during the past year, received and disbursed by the Commission,^ as well as all other matters and things pertaining to the operation, present con- dition and equipment of said public parks, and file the same with the City Recorder on or before the 1st day of January, 1917, and at the same time the Commission shall , deliver over to the city council all books, contracts, deeds, money or other public property, now in the possession of the members of said Commission by virtue of their office. Section ^e.- The common council of the city of Ashland shall, from -nd after the 1st day of January, 1917, have the entire jurisdiction, management and control of all the public park lands now owned by the city of Ashland, or whichlmay hereafter tss acquire for park purposes, and shell employ such means as may be i necessary to protect the growing timber, shrugs, flowers, plants or other improvements on any of said "park lands, from injury or destruction by fire or otherwise, and shall maintain, imnrove'and i beautify said public parks. Section 3.- All lands now oned by the city of Ashland, (excepting its streets, alleys and plaza, and also excepting such lands as are now owned by it for the purpose of taking rook for street purposes, city pound, hitching grounds, reservoir sites, ? septic tanks, public market sites and such lands as have been taken over by the city on account of public assessments), and.all lands owned by said city bordering upon or adjacent to Ashland Creak, and extending into the Ashland Forest Reserve, and all lands acquired by the city during the year 1915, abutting on either ;dill street or Granite street, and included in what is known as the Lithia Park, 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 park purposes, and shall never be sold, encumbered or used for anyother purpose inconsistent there- with; provided, however, that such public buildings,as may enhance d the beauty.cf said parks,. or "which shall not detract therefrom, map be erected and maintained therein, with the approval and under the direction of the common council of the city. Provided, further, that nothing contained in this Act shall be construed so as to. impair or in any way interfere with the proper installation, main- tenance or operation of the city's light, power or water system, or the right to protect the water of said creek from coatamination,nor to prevent the city council from making street connections or street improvements across or within said public parks, nor to prevent the council from grading, paving or. otherwise improving any such street or streets. Section 4.- That at the time of.making up the annual city budget for the purposes of taxation, the common council shall carefully estimate the amount of funds neeass_ry to protect the growing timber, shrubs, plants or other improvaments on any of said park lands from injury or destruction from fire or otherwise; to maintain, improve and beautify said public parks of the city . I for the ensuing year, and shall thereafter levy a tax of not more than two mills on the dollar of the taxable property of the city, at the same time the council makes its levy for general city purposes,, and the fund thereby created, or any other funds acquired by donation or otherwise, for the protection and maintenance l of said parks, shall be segregated and known as the Ashland Park only Fund, and shall.be expended by the city council in the way of protect- ing, improving and maintaining the said parks and park lands. Section 5.- The powers granted to and the duties imposed upon the Ashland Par's Commission, by that certain ordinance 440.626, entitled"An Ordinance defining the meaning of the words 'Park' and 'Parks', and to regulate the use of the public parks of the city of Ashland, Oregon, adopted by the common council on the 188th day of Y--y, 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 common council of the city of Ashland, and all of the provisions of said ordinance are hereby approved and confirmed, which shall remain in full force and effect, until the same is repealed, cz otherwise modified. Section 6.- That so much of Article XIX of the Charter of said city, and so much of any other Charter provision, ordinance or resolution of said city as is in direct conflict with the provisions hereof, be and the same is hereby repealed. BE IT FURTHER RESOLVED, That the judges and clerks of the general city election to be held on the 19th day of Decsmber,1916, be and they are hereby designated as the judges and clerks of this special election, and the poling places for said special election 17-4 shall be the same as for the said general election. BE IT FURTHER RESOLVED, That the City Recorder be, and he is hereby authorized and directed to give notice of such special election and the appointment of. judges of election by publication thereof, in a newspaper printed and published in the city of Ashland, and of the proposed amendment to 'the Charter of said . ` ' 3 n.'n.[.f - - ,..C.'~.',i f'^°dM 1 iZL'C^~ F+ T ~!'^1'.,. nv~l. J!*S."°~"t'.',"S~..f'.~v ~?k„ city to be voted upon, at least ten days prior to said election, i as required by the laws of the state of Oreen, and the Charter and ordinances of said 'city, as in such cases made and provided, and said Recorder is further directed to prepare a suitsble ballot title and have all necessary ballots printed, as provided by the General laws of Oregon, and the said Charter and ordinances of the city of Ashland. I The Yaas and mays were de4nanded and taken upon said resolution as follows NAYS !/a7y 6~ ~ rcq~~°~ k coo i; Approved December (J 1916. / ~.ayor 4of the city of AE;hl--Hd-. ATTk'BT: December' L~ 1916. ecorder o the city o. Ashland. j i