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HomeMy WebLinkAbout1970-62 Charter Amendment 7 '<., " , .; ..., ,j,' c~ ;. " ~' . RESOLUTION '7/1 ." '" v ,,~ C- 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 " .~, .-'~ 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 . . 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 ~. ~ ,.. hereby caned and to be held on the 3rd day of November, 1970, which . . . - I. . 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 '. ;. 11-' 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 , ' ., " -/.. ; . " ~ 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 " "".." " .' 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: ~A/7/?~ Mayor '. /'7~;?c> To all of which I hereby certify: ?J(?'. ~ Recorder Resolution - 4