[nabs-l] OSB board resolution

T. Joseph Carter carter.tjoseph at gmail.com
Wed Jun 3 18:33:51 UTC 2009


The following is the text of a resolution of the Board of Directors 
of the Oregon School for the Blind.  Note, I say "Board of Directors" 
rather than "Advisory Board".  The text of the resolution explains 
this.

Joseph


Resolution 060309

Whereas the enabling legislation which created this body, 
consistently identifies it as the Oregon School for the Blind Board 
of Directors, without once using the phrase Advisory Board in the 
statutory text;

Whereas the deed to the property on which Oregon School for the Blind 
stands assigns specific authority concerning property sale “unto the 
said Board of Directors of the Oregon School for the Education of 
Deaf Mutes, their successors and assigns forever;”

Whereas the property was assigned in 1894 for the use of Oregon 
School for the Blind, and whereas the Oregon School for the Blind 
Board of Directors is a lawfully created entity which meets the 
criteria set forth in the deed to the property;

Whereas language in the deed is highly specific about circumstances 
under which the property may be sold, “the said Directors may sell 
said premises and use the proceeds thereof for the improvement of 
such new (school) location, but if the said Directors shall at any 
time fail to maintain such School or shall suffer their organization 
to dissolve, then said premises shall immediately revert to H. 
Failing" the original donor, who was paid one dollar for the 
property.

Whereas sale of the property prescribed in HB2834 does not assign 
proceeds of the sale “for the improvement of such new (school) 
location,” as set forth in the conditions outline within the deed: 

Now therefore be it resolved by The Oregon School for the Blind Board 
of Directors

1. That the Board refuses to authorize sale of the property as the 
projected sale is set forth in HB2834;

2. That any sale which takes place in the absence of proper 
maintenance of the property violates the language of the deed, “if 
the said Directors shall at any time fail to maintain such School or 
shall suffer their organization to dissolve, then said premises shall 
immediately revert…”

3. That in failing to maintain the school’s buildings and facilities 
in a manner which promotes the safety and welfare of students, both 
the Oregon Legislature and Oregon Department of Education have acted 
irresponsibly, and negligently, unnecessarily jeopardizing the 
continued access to the precious gift of this irreplaceable property 
by Oregon’s present and future blind students;

4. That copies of this resolution be sent to The Governor of Oregon, 
The Superintendent of Public Instruction, the President of the 
Senate, and every member of both chambers of the Oregon legislature.


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