HomeMy WebLinkAbout1970-62 Charter Amendment
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. RESOLUTION
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A resolution proposing an amendment to the 1889 Charter of the
City of Ashland~ Jackson County, Oregon, as amended by the various
charter amendments to date. Further providing that said proposed
charter amendments' be o;ubmitted to the electors of the City of .
Ashland under a ballot title herein set forth for their approval
o~rejectionat a special election her~by ~a11ed and to be held
on the 3rd day. of November, 1970, and declaring an emergency.
WHEREAS, there is a special election called for by the Common
Counci 1 of the City of Ashland in March of 1970 to amend the
charter of the City of Ashland, and
WHEREAS, the. voters passed the proposed amendment to the
cha r ter, and
WHEREAS, the special e1ection'of May 1970 purported to change
the Charter of 1898 which was an amendment to the, 1889 Charter, and
WHEREAS, the 1889 Charter was one of the last legislative
charters and it should be noted ~hat that charter is the one being
amended, and
WHEREAS, .the amendments of 1970 to the 1889 Charter require
that a Counci 1man and Mayor sha11 be freeholders of the City of
Ashland, and
WHEREAS, it would appear that this requirement would not al low
a qualified voter who is not a land owner to run for office and
therefore be denied.one of the priyi leges. of self government guaran-
teed unde~ th~'U~ite~ State~ Consti~ution, ~nd
WHEREAS, the amendments of 1970 tOo the 1889 Charter included
a provision that the Counci 1 had the.power to declare a vacancy in
the Counci 1 and the Mayor's position, and
WHEREAS, a similar provision to this concerning a United States
Congressman has been declared unconstitutional by the Supreme Court
of the United States, and therefore should be removed from this charter,
Resolution - 1
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NOW, THEREFORE, BE IT RESOLVED that the Mayor and Common Counci 1
of the City of Ashland:
Section 1.
That amendments to the Charter of the City of Ashland, Jackson
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County, 'Oregon, be. ifInd the .same hereby is, proposed and referred for
submii~ion to ~he legal voters of said City at a special election
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hereby caned and to be held on the 3rd day of November, 1970, which
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Charter amendmer1t, to be so referred, isas follows:
CHARTER AMENDMENT REFERRED TO THE VOTERS BY THE MAYOR AND
COMMON COUNCIL
AN ACT
To amend and revi~e\the 1889 Charter as amended of the
City of Ashland, Jackson County, Oregon.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF ASHLAND, OREGON:
Section 1.
That Article III, Section 2 and Section 4, bf the 1889 Charter
of ,the City of Ashland, as amended, be, and the same hereby is
amended to read.as .fo110ws:
ARTICLE III - Elective Officers
Section 2. Qualifications.
and qualified voters of the
All elective officers shall be residents
City of Ashland.
Section 4. Vacancies. An office shall be deemed vacant upon the
incumbent's death; adjudicated incompetence; conviction of a felony,
other offense pertaining to his office, or unlawful destruction of
public records; resignation; recall from office or ceasing to
. possess the qua 1 i fica tions for the offi ce.
A vacant elective office in the city shall be filled by the council.
electing some qualified person to fill such vacancy. The appointee's
term of office shall begin immediately upon his appointment and shall
continue until a successor elected at the next biennial election takes
office on January 1st following his election, for the unexpired term.
Section 2.
. That the Recorder, W.E. Bartelt, shall appoint and certify an
election board which shall act a's a counting board in each precinct.
That the election board certified by the county clerk shall serve
as the election board during the time the polls are open. That
the respective polling places lawfully designated for the said
general election held on the same day at the same time are hereby
. Resolution - 2
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designated as the pol Ilng places for the special general election.
Polls wi II be open from 8 a.m. to 8 p.m. Pacific Standard Time on
November 3, 1970, for said special election. .
Section 3.
That the bal.lot titles of said measure so submitted to the
electors at such.special general election herein called shall be'
'a s f 0 I low s: .
ASHLAND CHARTER REVISION - Referred to the People by the Mayor
and Counc i I
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Purpose:' To' amend;' A~t'('cl e, ill, Sect:i on:. 2 of the':;-:-::-;
1889 Charter of the City of Ashland as amended, by Yes II
remov i ng the requ i rement that- the Mayor and Members
of Council be'freeholders."" No II
'ASHLAND CHARTER REVI~ION - Referred to the People by the Mayor
and Counc i I
Purpose: To amend Article I I I, Section 4 of the
.1889 Charter of the City of Ashland as amended,
by remov i ng the Counc ii's power to dec I are a
vacancy in office of Mayor or Council Member.
Yes II
No II
Section 4.
, That the City Recorder .is hereby requested and directed to
give due notice of such special election herein called as provided
in the Charter and Ordinances of the City of Ashland, Oregon;
that is to say, notice of the cal I ing of said election, the time
and places for voting and the ballot title shall be published in
the D ail y Tidings, an e w spa per of general c i r c u .1' a t ion printed and
published in said city, at least once ten days prior to the date
fixed herein for holding said election.
Section 5.
That inasmuch as it is necessary that the proposed Charter
amendment be voted on at the genera I elect i on in order to save
expense to the City, it is hereby deemed necessary for the peace,
health, safety and general welfare of the citizens of the City of
Ashland that an emergency be, and the same is hereby declared to
exist, and this resolution shall be i'n full force and effect from
and after its adoption by the Counci I and approval by the Mayor.
Resolution - 3
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The foreg6ing resolution was duly passed, under a suspension
of the rules, at a special meeting of the Common Counci i held on
the /,g~ day of October, 1970, the vote being as follows:
Ayes ~
Nays 0
Approved:
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Mayor
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To all of which I
hereby certify:
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Recorder
Resolution - 4