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HomeMy WebLinkAbout1908-037 City Charter Amendments AMENDMENTS ...To... CITY ...Of... Ashland, Oregon ~W6A., Adopted at Annual City Election held December 15th, 1908. Proclaimed by the Mayor December 17th, 1908. AMENDMENT TO CITY CHARTER OF ASHLAND, OREGON AMENDMENT TO CITY CHARTER OF ASHLAND, OREGON An Act An Act To amend an act entitled "An Act to amend 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, Jackson County, Oregon, and to de- to incorporate the City of Ashland, in Jackson County, Oregon, and de- fine the power thereof' filed in the office of the Secretary of State Feb- fine the power thereof,' " filed in the office of the Secretary of State ruary 21st, 1889, and the acts approved February 25th, 1895, amending October 14th, 1898. the same, and as amended by that certain act of the Legislative Assem- The People of the City of Ashland, Oregon, Do Enact as Follows: bly approved January 30th. 1903, entitled "An Act to amend an Act en- Section 1. That the Act entitled "An Act to amend an act entitled titled `An Act to amend an act entitled an act to incorporate the City an Act to incorporate the City of Ashland, in Jackson County. Oregon, of Ashland, Oregon, and define the power thereof,' filed in the office and define the power thereof,'" filed in the office of the Secretary of of the Secretary of State February 21st, 1889, and the acts State, October 14th, 1898, be and the same is hereby amended by add- approved February 25th, 1895, amending the same, filed in the of- ing thereto ARTICLE XIX., which shall read as follows: fice of the Secretary of State October 14th, 1898." Article XIX. Be it Enacted By the People of the City of Ashland. Section 1. All of the lands owned by the City of Ashland. (except Lei Section 1. That Section 2 of Article II. of an Act entitled an act to its streets, alleys, and plaza, and excepting also such lands as are amend an act entitled `an Act to incorporate the City of Ashland in, now owned by it and used for the purpose of taking rock for street purposes Jackson County, Oregon, and to define the power thereof,' filed in the city pound, hitching ground, pest hou3e and septic tank) and particularly office of the Secretary of State February 21, 1889, and the acts approved, that tract known as the "Flouring Mill Property," lying between the February 25, 1895. amending the same be and the same is hereby amend- plaza and Chautaunua Park in said city, and all lands owned by said ed to read as follows: city bordering upon, or adjacent to __shiand Creek and extending into "Section 2. The term of the elective officers shall begin on the 1st the Ashland Forest Reserve, are hereby reserved and forever dedicated day of January following any annual election, and the terms of office to the people of the said city for park purposes and shall never be for the mayor, treasurer and recorder and the counciimen shall be for sold, leased, incumbered, or used for any purpose inconsistent therewith; two years, unless elected to fill a vacancy. In such case their term of provided, however, that such public buildings as may enhance the beauty office shall expire at the end of the year for which they are appointed of said park, or that shall not detract therefrom, may be constructed, or elected. This provision shall apply to the officers elected in 1908. if so directed by a majority vote of the electors of said city, and pro- Section 2. That section 2 of Article VI. of the act entitled "An Act vided further, that nothing contained in this act shall be construed so as to amend an act entitled an act to ncorporate the City of Ashland in to impair or interfere with the proper construction or operation of the Jackson County, Oregon, and to define the power thereof, filed in the City's Light, Power or Water System. office of the Secretary of State February 21st, 1889, and the acts approv- The south boundary of the Plaza above referred to shall be the south ed February 25th, 1895, amending the same, and as also amended by sec- boundary line of Mill Street, from the northwest corner of the said tion 4 of that certain act of the Legislative Assembly of the State of. Flouring Mill Property, projected easterly to an intersection with the Chau- Oregon, approved January 30th, 1903, entitled `An act to amend an act tauqua Park Grounds. Nothing contained in this act shall be constru- entitled `An act to amend an act entitled `an Act to incorporate the ed to prevent the City Council from making street connection between City of Ashland, Oregon, and define the power thereof', filed in the office / Mill Street and Granite Street at any point they may select. of the Secretary of State February 21, 1889, and the acts approved Feb- 1895, Section II. A Board shall be created which shall be known and des- ruary 25th, October the same, filed in the office of the et o ignated as the "Ashland Park Commission" and shall consist of five cit- ry of State Octer 14th, 1898, be and the same is hereby amended so izens, residents of the said city, two of whom may be women and each as to read as follows: ward of the city shall be represented thereon. "Section 1. The City Council shall, by ordinance, prescribe the duties' The said commission shall be elected to serve for a term of five years of appointive and elective officers, and fix and determine their compen- or until their successors are electe3 and qualified. The first commis- sation and essentials of qualification, and may, in its discretion, subject sion shall be appointed by the Mayor and by and with the approval of to the conditions heretofore stated in section 1 of this article, remove the Council at its first regular meet.ng in the month of January A. D., any appointive officer at any time. 1909. The Commission so appointed shall meet within one week after Councilmen shall receive as compensation for their services a salary 1 appointment and organize by the election of one of their number as not exceeding $75 per year. unless for extraordinary services required of President and one as Secretary, and shall at that time determine the them. The mayor shall be paid a salary not exceeding $100 per year term of office of each member, so that the term of one shall expire in unless for extraordinary services required of him for which he may be one year, one in two years, one in three years, one in four years and allowed such compensation as may be determined by the council. one in five years, and thereafter at each subsequent annual city elec- (Adopted by the people of the city of Ashland, Oregon, at the annual tion one member shall be elected to serve for the term of five years. city election held December 15th, 1908, by a vote of 419 for and 34? Section III. The said Park Commission shall have control and man - against the same. Mayor's proclamation declaring this act to be in full agement of all the lands here dedicated for park purposes and of all force and effect published December 17th, 1908.) other lands that may hereafter be acquired by the city for such pur- poses. They shall have control and management of all park funds, whether the same is obtained by taxation, donation or otherwise, and shall expend the same judiciously for beautifying and improving the City's 1 2 < r Parks. It shall be the duty of said commission and they shall at the begin- ning of each month, file with the City Recorder for the information of the City Council and the public a report of their doings for the pre- ceding month. Such report shall specify all funds on hand and the AMENDMENT TO CITY CHARTER OF ASHLAND, OREGON source from whence obtained. It shall carry a clear statement of all moneys expended and for what purpose. All purchases made and all labor performed together with the cost thereof shall be embodied in said report. An Act At the time for making the tax levy for general city purposes in each To amend section 1 of Article I. of an act entitled `An Act to am- year, the said commission shall cause a careful estimate to be made of end an act entitled `an act to incorporate the City of Ashland, Jackson the money required for park purposes- for the ensuing year, and file the County, Oregon, and to define the power thereof' filed in the office of same with the City Recorder, whereupon there shall be included in a the Secretary of State February 21, 1889, and the act approved Febru- said general levy not to exceed two (2) mills on the dollar to meet such ary 25th, 1895, amending the same," and as amended by section 1 of requirement, which, when collected, shall be deposited with the City ` that certain act of the Legislative Assembly entitled "An Act to amend Treasurer subject to the order of said commission. At the time of an act entitled `An Act to incorporate the City of Ashland, in Jackson making the tax levy in December, 1908, a levy for park purposes shall County, Oregon, and define the power thereof filed in the office of the be made without the estimate above required. Secretary of State February 21. 1889, and the acts approved February Section IV. The said commission shall serve without pay and shall 25th, 1895 amending the same" filed in the office of the Secretary of have power to formulate and adopt rules and regulations for their gov- State October 14th, 1898" approved February 3rd, 1903, and as also am- ernment and for the purpose of carrying into effect the purposes of ended by that certain act of the Legislative Assembly, filed in the office their creation as a Park Commission. They shall enter upon the dis- of the Secretary of State February 21, 1905, entitled "An Act to am- charge of their duties immediately upon their organization, and shall end section 1 of ArticleI. of an act entitled `An Act entitled an act to as soon as may be expedient, cause a map or maps to be made of the amend an act entitled an act to incorporate the City of Ashland and de- lands herein dedicated, and shall make the same conform to the descrip- fine the power thereof' filed in the office of the Secretary of State Feb- tions contained in the instruments by which said city obtained title ruary 21, 1889, and the act approved February 25, 1895, amending the thereto; which said instruments shall be considered as carrying a more same,' filed in the office of the Secretary of State October 1.4th, 1898,' fil- specific description of said lands. ed in the office of the Secretary of State January 31, 1903. (Adopted by the people of the City of Ashland, Oregon, at the annual Be it Enacted By the People of the City of Ashland. city election held December 15th, 1908 by a vote of 607 for and 138 SECTION 1. against the same. Mayor's proclamation declaring this act to be in full That section 1 of Article I, of an act entitled "An Act to amend an force and effect published December 17th, 1908.) act entitled `An act to incorporate the City of Ashland, Jackson County, Oregon, and to define the power thereof' filed in the office of the Sec- retary of State February 21, 1889, and the acts approved February 25th, 1895, amending the same," and as amended by section 1 of that certain act of the Legislative Assembly entitled "An act to amend an act en- titled `An act to incorporate the City of Ashland, in Jackson County, Oregon, and define the power thereof' filed in the office of the Secre- tary of State February 21, 1889, and the acts approved February 25, 1895, amending the same" filed in tiie office of the Secretary of State October 14. 1898, approved February 3. 1903, and as also amended by that certain act of the Legislative Assembly, filed in the office of the Secretary of State February 21, 1905, entitled "An act to amend sec- tion 1 of Article I. of an act entitled `An act to amend an act entitled an act to incorporate the City of Ashland and define the power thereof' filed in the office of the Secretary of State February 21, 1889, and the .act approved February 25, 1895, amending the same' filed in the office ~I of the Secretary of State October 14, 1898,"filed in the office of the Sec- retary of State January 31, 1903, be and the same is hereby amended so as to read as follows: I Article I. Section 1. All that district embraced within the boundary lines des- cribed as follows, to-wit: Beginning at a point which bears south twen- ty-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 seven ty-nine hundred and twenty feet, thence north fifty-nine hundred and forty feet, thence west nine hundred and ninety feet, thence north to the southerly boundary line of the Oregon and California railroad right of way; thence southeasterly along the said boundary line of the 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 range, thcnce east to the east line of section 4 J four, thence south on the east line of sections four and nine to the in repairing, renewing and extending said water system as necessity thence therefor shall arise and for the payment of the interest on the water south boundary line the Oregon and California right way, bonds of the City of Ashland as the same shall accrue; and, second, southeasterly along the south boundary line of said railroad right of the residue of such water rents and revenues a sinking fund shall way to a point four hundred and forty-one feet south fifty degrees and d forty-nine minutes east of the east boundary line of the county road be created, to be kept inviolate and to be applied to the discharge of the known as Wightman street, thence south parallel with said street six water bonds of the said city when the same shall become due, and said hundred and twenty-five feet, thence east one hundred and three feet, funds shall be used for no other purpose. The city council shall, at thence south parallel with said street sixteen hundred and sixty its first regular meeting after the adoption of this provision, enact suit the in general same into effect. City c of Ashland the shapurpose ll have o all carrying , thence south fifty-six degrees and thirteen minutes east parallel Table he said ordinances powers possessed feet with the Boulevard two thousand five hundred and forty-one feet to the -enter line of Cemetery street, thence south three hundred and fifty by municipal corporations under the statute laws of this state, and of eight feet to the north boundary line of the Boulevard, thence south fifty- common law not inconsistent with the State law, and in addition thereto, shall possess all powers hereinafter specifically granted, and in all the six degrees thirteen minutes east along the north line of said Boule- vard five hundred and seventy-eight feet, thence south seven hundred authority succession. and eighty feet, thence north fifty-six degrees thirteen minutes west. (Adapted by the people of the City of Ashland, Oregon, at the annual seven hundred and seventy-two and six tenths feet. thence north six hun- city election held December 15th, 1908, by a vote of 563 for and 117 of ed and sixty feet to the south boundary line of the Boulevard, thence against the same. Mayor's proclamation declaring this act to be in full north fifty-six degrees thirteen minutes west along the south bounda- force and effect published December 17th, 1908.) ry line of the Boulevard twenty-nine hundred and forty feet to a point ox)posite the center line of. Wightman :.treet, thence south twenty-seven b.undred and fifty-six feet, thence west fifteen hundred and twenty-five feet to place of beginning, shall be and the same hereby is constituted the City of Ashland; and the present and future residents of said dis- trict shall be and are hereby constituted 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 pur- chase, or acquire by the exercise of eminent domain, lease, hold or receive property, real and personal, within and beyond the limits of the city, for the construction and maintenance of waterworks to supply the city with water, and for the construction of gas works 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 pri- vate property within the limits of the said city for public use, and within and beyond the limits of the said city for the purpose of supplying it with water and may lease, sell or dispose of any of the above des- cribed property for the benefit of the city. provided that any and all waterworks and water rights now owned or which may hereafter t e acquir ed by said city or any property now owned or which may hereafter be acquired by said city for the purpose of supplying the inhabitants thereof with water, shall never be rented, leased, sold, or otherwise disposed of, nor shall said city ever grant any franchise to any person or corpora- tion for the purpose of supplying the inhabitants of said city with water, but the right to furnish the inhabitants thereof with water shall forev- er be vested in the City of Ashland, with the full power and authority to A 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 service to the said city without in any way impairing its right to any existine water, water power or wat- er right now owned by it, or which may hereafter be owned by the said city; and may make any and all arrangements and ordinances deem- ed by the city council of the said City of Ashland pertinent and prop- er for the preservation and security of such water and the effectiveness of such water systems; provided, the uses and appropriations hereto- fore made to and by said city, and the water rights heretofore purchased by said city. shall be and the same are herby vested in said municipal- ity, with the right to exact and collect compensation of the users of water from such water system; provided, further that all revenues arising from the sale of water, water power, r the collection all of wneedful ater rents shall expenses be set apart as a fund from which to pay, 8 5