FACE SIX
Monday, Novemlier 20, 1916
ASHLAND TIDINGS
XOTICK OK SPECIAL ELKCTIOX.
Notice is hereliy given, that, pur
suant to a resolution of the Common
Council of the city of Ashland, Ore
gon, duly adopted on the 9th day
of November, 1916, and approved
by the Major on the same day, the
following proposed amendment to
the Charter of the city of Ashland
will lie submitted to the legal voters
of said city for their approval or
rejection, at a special election to be
held on Friday, the 24th day of No
vember, 1916, to wit:
AN ACT
To amend Articles XIX and XX of
the Charter of the city of Ashland,
Oregon, said Charter being that cer
tain act of the Legislative Assembly
of the stale of Oregon, filed In the
office of the Secretary of State, Oc
tober Hth, ISStS, entitled "An Act
to amend an Act. entitled "An Act
to incorporate the city of Ashland, in
Jackson county, Oregon, and define
the power thereof," filed in the of
fice of the Secretary of State, Feb
ruary 25th, 1895. amending the
same," as amended by all acts sub
sequent thereto, etiher of the Legis
lative Assembly of the state of Ore
gon, or by vote of the qualified elect
ors of the city of Ashland, Oregon,
to abolish the Ashland Park Com
mission, created by Section 2 of Ar
ticle XIX of said Charter, as said
Article XIX was added to and made
a part of the Charter by an amend
ment made effective by the proclam
ation of the Kayor of the said city
on the 17th day of December, 190S;
and also to abolish the Springs Wa-1
ter Commission, created by Sections
1 and 2 of Article XX or tne cnarter
of the city of Ashland, Oregon, as
said Article XX was added to and,
made a part of said Charter, and
became operative upon the proclam
ation of the Mayor of said city on
the 27th day of June, 1914, and re
pealing all charter provisions, ordi
nances and resolutions of the said
city of Aohland in conflict herewith;
the creation of a new board to be
known and designated as Mineral
Springs and Park Commission, fix
ing terms of office, defining Its pow
ers and duties, and providing for the
creatlou of a fund to be expended In
publicity and for the maintenance
and betterment of the Auxiliary Wa
ter Plant and the Public Parks of
the city of Ashland; and directing
that all public funds, assets or other
. property whatsoever, now in the pos
session of either the Ashland Park
Commission or the Springs Water
Commission, he delivered to the suc
cessors in office of said Commis
sions, and for the leasing, upon a
royalty or other consideration, eith
er for bathing or other medicinal
purposes, all of the surplus waters,
over and above that consumed at the
public fountains, of the several min
eral springs now being piped Into
the city of Ashlai'd, and to grant
concessions.
He It Knacted Hy the People of the
City of AaIiIuihI. Oregon.
That Articles 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
Mayor of said city on the 17th day
, of December, 1908, as further
amended, and proclaimed hy the
Mayor on the 11th day of May, 1912,
ana tne saiu Arucie aa ueconiing
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. Provided, how
ever, that the members of both the.
Ashland Park Commission and the j
Springs Water Commission shall re-1
tain their respective offices, and per-;
form all the duties pertaining there-,
to, as provided and required by j
Charter Amendments and Ordl-:
nances of the city of Ashland, until i
such time as their successors in of-'
flee shall be regularly elected and ,
qualified, as hereinafter set forth. I
Section 2. A Hoard Is hereby cre
ated, which shall be known and des
ignated ns the Mineral Springs and
Park Commission, which Board shall
consist of three members, each of
whom shall b a resident, a free
holder and a legal voter of the city
of Ashland, 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 spec
ial election called for the purpose.
One of said members shall serve as
such for a term of one year, from
the 1st day of January, 1917; one
shall serve for a term of two years,
from said 1st day of January, and
the third member shall serve for a
term of three years, from the said
1st day of January. Provided, how
ever, that each ot said members
shall serve until his successor Is duly
elected and qualified. The member
elected for the long term shall be
the chairman of said Board, during
his term of office. It 1b further pro
iheSianJard Oil for Nohr Cars
Sold by dea!eri everywhere and"
it all Service S'.ationi ot (he
Standard Oil Company
F. L. CAMPS,
E. V. JONES,
THE PARK GARAGE.
vided, that membership to said
Board shall be regularly filled every
year, as follows: One member shall
be elected at the annual city elec
tion, to bo held In December, 1917;
and overy year thereafter, a member
shall be elected at the annual city
election. The full term of office of
each of said members so elected, af
ter the first set of officers, shall be
i three years, and they shall each take
loffico on the 1st day of January, fol
lowing his election, and tho member
' oldest In service on the Board shall
i be its chairman. Provided, further,
I that in case of vacancies occurring
on said Board, the same may bo
I filled by appointment by the Mayor
I of the city, which appointee shall
;liolil office until the next annual city
: election, or until a successor is
elected and qualified. Appointments
so made must, before going into ef
ifect, be confirmed by the City Coun
jcll. Provided, further, that all can
jdldutcs for membership on said
Board shall be nominated in the
'same manner and within the time as
provided in Section 3 of Article IV
of the City Charter. The vote for
membership of said Board shall be
canvassed and a certificate of elec
tion issued and delivered to the suc
cessful candidates, as provided in
Section 7 of said article IV, and
thereafter such person shall qualify
by taking tho oath of office, as pro
vided In Section 9 of Article IV of
the City Charter.
Section 4. Whenever the member
of said Mineral Springs and Park
Commission have been elected and
qualified, as hereinabove provided,
the Springs Water Commission and
the Ashland Park Commission shall
each, immediately after such qualifi
cation, deliver to the said Mineral
Springs and Park Commission all
public records, money and other pub
lic 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, here
inafter particularly described, and
that thereafter the operation, man
agement and control of said mineral
springs water plant and the parks
and the park lands of the city of
Ashland shall devolve upon said Min
eral Springs and Park Commission
Board, and the said Springs Water
Commission and the said Ashland
Part Commission shall be relieved
of further management, control or,!
responsibility on account of said
parks and said water plant. "
Section 5. The members of the
said Mineral Springs and Park Com
mission, after qualifying as afore
said, shall Immediately meet and
elect one of their number as secre
tary, and shall then, or as soon
thereafter as practical, formulate
and adopt rules and regulations for
their government, and for the pur
pose of carrying into effect the pur
poses of their creation, as a commis
sion, under the provisions of this
amendment. The said Board shall
also appoint a Superintendent of
Parks and a Superintendent of the
Mineral Springs Water Plant, and
shall fix the compensation to be paid
to each of said Superintendents, who
shall each have the power's of police
men within the city limits. The
Board shall have power to discharge
either or both of such Superintend
ents whenever. In the Judgment of
the Board, such discharge will be
for the best interests of the city, and
the Board may employ additional la
borers to assist In the necessary up
keep and maintenance of said water
plant and the public parks of the
city. But all such additional labor
ers shall be under the immediate su
pervision and direction of the re
spective Superintendent of Parks or
the Superintendent of the Mineral
Snrings Plant, as the case may be,
either of which Superintendents
shall have authority to discharge any
such subordinate employe who falls,
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 Asfliland (ex
cept its streets, alleys and plaza, and
excepting also such lands as are now
owned by It for the purpose of tak
ing rock 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 creek, and
described as follows, to wit: Begin
ning at the point of Intersection of
Main street and South Pioneer av
enue; thence southerly along said
South Pioneer avenue to Its Intersec
tion with the south line of D. L. C.
No, 40; thence east on said D. L. C.
line to Glenvlew Drive; thence
southerly along said Glenvlew Drive
to its Intersection with the south line
of the NV.'K of the NV of Section
16, township 39 south, range 1 east,
W. M., Oregon; thence west along
said line to Granite street; thence
northerly along Granite street to
Less Carbon
because Zerolene is
made from Asphalt-base
crude. It burns up clean,
and goes out with the
exhaust.
i
3
Main street; thence southeasterly
along Main street to place ot begin
ning. And all lands acquired by the
city during the year 1915, abutting
on either Mill street or Granite
street In said city, and also all
park lands In the center of the Boul
jevurd and the center of the Plaza,
'are hereby reserved and forever ded
icated by the people of the city of
Ashland for park purposes, and shall
never be sold, encumbered or used
for any other purpose inconsistent
therewith; provided, however, that
'such public buildings ns may en
jhance the beauty of said parks or
I which shall not detract therefrom
may be erected and maintained
therein, with the approval and under
1 the direction of the said Board. Pro
jvlded, further, that nothing con
tained In this act shall be construed
so as to Impair or interfere with the
'proper maintenance or operation of
the city's light, power or water sys
tem, or the right to protect tne water
of said creek from contamination,
nor to prevent the City Council from
making street connections between
Mill street and Granite street or any
I pave or otherwise improve such
street or streets.
Section 7. The said Mineral
Springs and Park Commission shall
I have control and management of all
me liiiiUB so ueuicuieu iur mm pur
poses, and all other lands that may
hereafter be acquired by the city for
such purposes. - And the right to con-
finl Bnrl mnnnpn rafllri nark Iflnria
j shall Include and empower said
'Board to improve and beautify the
same, and to grant concessions to
individuals, companies or corpora
tions to conduct places of amusement
and business of a temporary nature,
such as confectionery and ice cream
stands, etc., within the boundaries
of said park, and to charge and col
lect a reasonable fee for such con
cessions, but no concessions shall be
granted for a longer period than ten
years, without the Board having first
been authorized so to do by a major
ity vote of the electors of the city of
Ashland. Provided, further, that
concessions shall in no event be
granted by said Board for the con
ducting, operating or playing of any
game of chance or other form of
amusement in which the element of
chance enters, or the playing or op
erating of which is in violation of
the laws of the state of Oregon, or
the Charter, or any of the Ordinances
of the city of Ashland, uor shall per-'
mission be granted, licensing or al
lowing improper or immoral conduct
on any of the parks of the city. Said
Board is further authorized and em
powered, at Us 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 waters 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 pub
lic parks and for publicity purposes,
as hereinafter set out, whether said
funds are obtained by taxation, do
nation or otherwise.
Said Board shall also have power,
and It shall be its duty to employ
such means as may be necessary to
prevent the ravages of the pine bee
tle, now working on the growing
timber now located on any of the
park lands hereinabove described,
and to protect said timber from de
struction by said beetles or other in
sects, 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 uny of the said park lands,
and to deposit the proceeds of such
sales in the aforesaid fund, but none
other of the growing timber on said
lands shall ever be sold or otherwise
disposed of.
It shall be the duty of said Board,
and it shall, on the first of each
month, file with the City Recorder,
for the Information 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 statement of all moneys ex
pended and for what purpose, includ
ing all purchases made and all labor
performed, together with the cost
thereof. Said report shall also con
tain a full and complete statement
of all improvements made in and
about said park, as well as improve
ments made In connection with the
said Auxiliary Water Plant. Said
Board Bhall on or before the first
day of November of each year file
with the City Recorder, for the in
formation of the Council, a full and
complete estimate of the amounts to
be expended and the nature of such
expenditures in the operation, im
provement and repairs of the said
public parks and said Auxiliary Wa
ter Plant for the succeeding year.
Section 8. The Common Council
of the city of Ashland is hereby em
powered 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, us provided In Section 2 of
Article VII of the City' Charter,
which levy shall be in lieu of the
one-half mill levy provided for in
Section 23 of said Article VII; the
two-mill levy provided for in Section
3 of Article XIX, and the one mill
levy provided for in Section 9 of Ar
ticle 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 1916 levy.
And thereafter the Council may levy
a sufficient sum each year, not ex
ceeding five mills on the dollar of
the taxable property of the city,. to
defray the jiecessnry 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 re
cti red from any other source, for the
aforesaid 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 economically and judiciously
used in the maintenance, upkeep and
betterment of the said Auxiliary Wa
ter 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 locat
ed on the parks, from destruction by
beetles, other Insects or by fire, may
be expended in the advertising of the
attractions, resources and advan
tages of the city of Ashland, and
other puullclty purposes, which from
time to time may arise, including do
nations, which will tend to Improve
and stimulate business conditions ot
the city. Provided, however, that
so long as the Southern Oregon
Chautauqua Association shall own the
Chautauqua Park( in said city, and
the general public1 shall be permitted
to use the same for public purposes,
as in previous years, the said Miner
I al Springs and Park Commission
snau, in consiueraiion or sucn use,
annually appropriate from the pro
ceeds 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 without pay, ex
cept for extraordinary services re
quired of them, and for expenses nec
essarily Incurred in the performance
of their duties. The Board shall
hold regular monthly meetings,
which shall "be open to the general
public, and accurate books accounts
and minutes of the Board shall be
kept, all of which shall constitute
public records, and be subject to the
inspection of the general public, un
der the direction and supervision of
the custodian of the records, at such
.times as f-aid inspection will not in
terfere with the official business of
the Board or such custodian. The
members of said Board, before enter
ing upon the discharge of their offi
cial duties, shall give a good and suf
ficient surety bond, In a sum of not
less than Five Hundred ($500.00)
Dollars, conditioned upon the faith
ful performance of their duties as
members of said Board, as herein
provided; and the accounting for all
funds or other property that may
pass into their hands by virtue of
this charter amendment, the premi
ums of which bonds shall be paid
out of the fund hereby created.
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 con
tracts for constructing, repairing,
ornamenting or improving any of the
puhlic parks of the city, or the main
tenance, upkeep or repair of the
Auxiliary Water Plant, or the pro-
jtectlon.of the public parks from the
ravages of the pine beetle, other in
sects, or from fire, the probable cost
of which wlH exceed $500.00, shall
be advertised for 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 in
curring any liability on account of
such rejection.
Section 11. The powers granted
to and the duties Imposed upon the
Ashland Park Commission, by that
certain ordinance No, 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 18th day of May;, 1916, and ap
proved by the Mayor on the 22nd
TN OUR 'great-great-grandfathers' time many
New England families had a cask of rum
in the cellar.
It was freely offered to guests (except chil- -dren)
and freel partaken of, even as coffee is
today.
This old-time custom gradually passed out
of existence, for our forefathers recognized it
was harmful.
Another old-time custom coffee drinking
is slowly passing in the same fashion and for
the same reason.
The abandonment of coffee drinking is made
'easy nowadays by the use of Instant Postum, the
pure cereal beverage with the coffee-like taste.
Unlike coffee, this purely American table
drink contains no "caffeine" or other harmful
substance.
Postum is now used daily in tens of thou
sands of the best of American homes where rea
son rules and health is valued.
day ot May, 1916, are hereby ex
tended to, and shall be exercised by,
and required of the said Mineral
Springs and Park Commission, here
inabove created, and all ot the pro-'
visions of said ordinance are hereby
approved and confirmed. 1
Section 12. That all Charter pro
visions, ordinances and resolutions of
the city of Ashland, Oregon, in con-!
f lict with this amendment, especial-'
ly those charter provisions of Arti
cles XIX and XX, are hereby re
pealed. Except, however, the amend- i
men to 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 amend-!
I ment granted certain rights and priv-1
j lieges and imposed certain exactions
I and burdens on the Southern Oregon
I Chautauqua Association, it being the j
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 j
amendment, as set out in said Sec-j
tibn 1, shall be and remain In full ;
force and effect. j
The ballot title and number of j
such Charter Amendment shall be as
follows:
Me-usure Submitted to the Voters By
the Common Council.
An act to amend Articles XIX and
XX of the now existing Charter,
thereby abolishing both the Ashland
Park Commission and the Springs
Water Commission of said city; cre
ating a new Board, to be known as
the Mineral Springs and. Park Com
mission; defining the powers and
duties of said Board, designating the
park lands of the city, and the crea
tion of a fund for the improvement
and maintenance of the Auxiliary
Water Plant and the parks of the
city and the protection of the grow
ing timber on any of said parks from
injury or destruction by Insects or
fire. Vote YES or NO
100 YES
101 NO
Notice is further given that pursu
ant to a resolution of the Common
Council of the city of Ashland, Ore
gon, duly adopted on the 9th day of
November, 1916, and approved by
the Mayor of said city on the said
9th day of November, the following
proposed Amendment to the Charter
of the city of Ashland will be sub
mitted to the legal voters of said city
for their approval or rejection, at a
special election to be held on the
aforesaid 24th day of November,
1916, to wit:
Title.
An Act to amend Article VII of
the existing Charter of the city of
Ashland, Oregon, by adding thereto a
section to be known as Section 24,
authorizing and empowering the
Common Council of said city to
make re-assessments against any real
property of the city, on which any
prior assessment may have been
made for a public Improvement, and
which assessment may, for any cause
leading up to the making of such
public improvement or levying of
any such assessment, be declared
void, Illegal or doubtful, by reason
of any omission or defect on the part
of the City Council or other' officer
of the city, or for any other cause.
Be It Enacted by the People of the
City of Ashland:
That Article VII of the present
Charter of the city of Ashland, Oregon-,
be amended by adding thereto a
section to be known as Section 24, to
read as follows:
Section 24. Whenever heretofore
or hereafter the Council has caused
or may cause any street or alley to
be Improved, or has caused any sew
er main, sidewalk, curb or gutter to
be laid, and has or may hereafter
assess or attempt to assess upon the
property adjacent thereto or bene
fited thereby, the cost of such Im
provement, and said assessment, by
reason of any failure to give any
requisite notice or by reason of any
other defect In the proceedings lead
ing up to the making of such im
provement or thi levying of such as
sessment, shall be declared void by
any court, or if the Council shall be
of the opinion that said assessment
is illegal or doubtful, by reason of
any such omission or defect, said
Council may cause the cost of said
improvement to be re-assessed
against the property adjacent to said
improvement or benefited thereby In
the following manner: The Council
shall declare, by resolution, its In
tention to make such re-assessment,
which resolution shall briefly de
scribe the improvement, and shall
declare the Intention of the Council
to assess the cost thereof upon the
property adjacent to said Improve
ment or benefited thereby, describ
ing in said resolution each parcel of
property which it Intends to so re
assess, and the amount it Intends to
assess against each parcel. Said res
olution shall fix the time and place
for holdiag a meeting of the Council,
at which all protests against re-assessing
the cost of said improvement .
against adjacent property, or proper
ty benefited thereby, shall be heard.
Said resolution shall be published
three times In a newspaper published
and of general circulation in said
city, and shall be posted in three
public places in said city, at least tea
days before the date of said meet
ing. The ballot title and number of
such Charter Amendment shall be as
follows:
Measure Submitted to the Voters By
the Common Council.
An Act to amend Article VII of
the existing Charter of the city ot
Ashland, Oregon, by adding thereto
a section to be known as Section 24,
authorizing and empowering the
Common Council of said city to make
re-assessments against real property
of the city cm which prior assess
ments may have been made or at
tempted to be made for public im
provement, and which assessment
may, for any cause, be declared void,
illegal or doubtful, by reason of any
omission or defect on the part of the
City Council or other officer of the
city. Vote YES or NO
102 YES
103 NO
For tho said special election to be
held on the 24th day of November,
1916, for the submission to the legal
voters of the city of Ashland, for
their approval or rejection of the
foregoing Charter amendments, the
following voting places and judges
and clerks of election have been duly
appointed and designated by the
Common Council:
FIRST WARD Voting place,
Fourth street fire station building.
SECOND WARD Voting place,
McCarthy Hall, corner of Main and
Granite streets.
THIRD WARD Voting place, City
Hall.
FIRST WARD Judges, G. W.
Benedict, P. S. Provost, J. W. Fln
nell. SECOND WARD Judges, W. A.
Patrick, Mrs. Alice Murphy, Mrs.
Hathaway.
THIRD WARD Judges, C. L.
Cunningham, Mrs. O. G. Howard, J.
M. Beaver.
The last two named judges in each
ward shall also act as clerks of said
special election.
The polls shall be open at the sev
eral voting places aforesaid from 9
o'clock in the forenoon until 6
o'clock In the afternoon ot said 24th
day of November, 1916.
C. H. GILLETTE,
City Recorder.
Date of first publication, Novem
ber 13th, 1916. 50-2t-Mon.