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Home My WebLink About1917-06 Spec Election Authorize Re-assessments-COPY R /7-ob s4/i7 R E SO L U T I 0 N Calling Special Election to Authorize City Council to make re.assaasments Filed this day of 191 City Recorder. OFFICE OF CITY RECORDER ASHLAND, OREGON NOW ;!OLtI':IO?3 CALL'1'ITG bF"CIAL 2W-:CTIUII. 1AIEREAS, numerous city'assesnnicnts have heretofore been iaade a- inst abuttin!; propert,. within the diiy for special benefits aceruin^ to'isueh` properties, and'' t.;fLMAS, a. question may. arise as to the legality axia re:tulxity of the proceedir,;s of the council in levyin•, said assessments, and UWIK,ItAS, the common, council MA the city of Ashland, after due consider- ation of the natter o eiyoocrering the council to ria$Fr•re asstas:uont3 against any ps•u- perty that may be benefitted by, any public improvement, deer it',^_dvisable that an amendment be made to, the Charter of the city of-Aehland, and thL,t ,,uch amendment be etibmxtted to the legal votes =3T Paid c'S t_y at ,thP special election c'!11ed for Viet. € i pus-poae, and MAI MI S, under authority Igranted to the city council by and under section 6 of Ordinance Oo. 357,--rhich ordinance was duly approved on the 13th day of August, 1908,, and authoriz-in," the conmion council of the city of Anhinnd, Oregon, to call a special election at, any.-time for the purpose of amendinr; the charter of said-city, upon a resolution, proposed by said common council, rhich election shall only beheld after due notice thereo;' .-nd.the appointment of judges of said election shall have been given by publication in a nevapaper, published in the city-of Ashland; or by con spiciously.posting a notice in each of•the wards of said city not legs than ten days prior to any such special election., CIVIL,. 'k6iLl:1:t.Ct'S11'tl~, BE IT k4,C:JlJLV~, by the coua-ion cowicil of t21e city of A Aland,`Oregon, in re-ular ses:"ion assembled, this Gth driy of ,:arch, 1917, .that s special election of the Oualified electors of 't?ac city of Ash-i bc, and hereby is called and a;,pointed to :ie. hkid on 71onday the 19th clay of larch, 1917; for the ;iurpose "'"No of 6ubmittinrP to the ele ctors of the said city, the fol loein.z amendment to the or refection rester of said city, for the approval/of said electors, to wit: I,~I AC':.' to, amend. Article Vll, of the existinf? Charter of t'.!e city of Ashland, Ore Son, by adding, thereto a section to be kno%m as ~;ection 26, auti:orizir~ and empoverin- the common council of said city to ixtke re-assesswents a^ainnt any real property cl the city, on rhich any prior a.eseso ment may have been nr-.de for a public improvement, rand. cnich assess;?e,:t :ay, for any cause leading up to the iTlcin;7 of such ;cubic iwlproQnent or, levyir.:^ of any cueii u6:,essneat, be declared v:,id or doubtful, by reanor. of any emir4sinn .>r defect o~ tht^ part of thr, city 'council or otl;er officer of the city,or for any other cause. 333 11 I7TAC'T:.D 3Y '217i O i III CI'n' f-.SNJ At7D: That Article Vll of the present Chrartcar of the city of Ashl uid. Oregon, be cz.onded by adding thereto a section to be known as 'ection 26, to read as follows: erection 26: Whenever heretofore or hereafter the council has caused or may cause nny strnet or alley- t o be improved, or has cuased any sewer main, sik:e-walk curb or !;utter to be laid., and h;,u, or :,ay hereafter assess or attempt to assess upon the property abuttin:T thereon Lnu benefited thereby, the coat of such improvement and said assessment, by reason of any failure of give ;:.ny requisite notice or b;; reason of any other defect in the proceedin a leadin,-, up to the making of such improvement or the levying of such assessment, skull e aeci.ared voia oy any court, or if tilt: council shall be of the opinion that said assess;ueiit is illegal or doubtful, by reason of any ouch omission or defect, said council may cause the [gnat of chi,' imnr.n.-..,..a _ re-assessed ar~ain:at the real estate frontin3 on such iroiaroveuent, on the su!ae side 6f the :street, ir- the foil-ovin-l malener, r?':te council 0:1-11 deelarn, r rr-olution, its intention to crake such re-assesswent, which resolution shall breifly describe the improvesaent. and shall declare the intention of the council to assess the cost thereof upon the propertyq fronting; on such improvement, or the came side cf the street, and benefited thereby., describing in said resolution such parcel. of property which it intends to re-acoese, and the :mount it intends to assess against each par- eel. Oaid resolution shall fix the time and place for holdin;a meetinr of the council at uiich .11 protests against re-assoosing the cost of Said improvement against ,%buttin, property, shell be heard. Said resolution shall be published in a newlaper of general circulation of said city, for two issues of said paper, the " date of the first publication of which shall be at least ten days before the date g>, gaid.hearin • At said hearing the council shall •consic er all protests against the levying of such aesesslaents, and. if alter considering the ratter, tho council shall determine that the property abuttinm on said improvement la<.s been specially benefited t? ereby, it "a:y c-1°o the coat of saad i")rovement to be aeeeased allain'Zt. 'arid abutting property, to the extent o the special benefit 80 received by said property theq efror±; r°lrided, however, that no parcel of property s: all be so assessed, unless the same 'lass been described in the notice of intention to Li:al e re-as:>essment above pro- vided for, and no parcel of property shall be assessed for a ireatsr an!ount tha>b the amount deterrained.ther•efor in said notice. In making said re-assessment, the council shall distribute the cost of said improvement between the various parcels abutti.n- thereon in prooort on to the benefits received, or the froAta'e of the property on sai improvement, as the case may be, assessing no parcel any ;treater arxount than theactual benefit received by it rots said insprovemei;t, but the council shall enter no assess- ment at ainst any parcel of property c,•;ich has been previously assessed :~nd r;!ich 2:soeasment has been paia. iany existin•, assessments so re-asaaeseed small be ius 4ed /7Cancelled by feassesscient". jai.d reaosef.szient elall be declared by o •dinLnce and entered in the city lien docket and collected i, ti c' s:•xae Manner r:s he Uri ~i!:al assezrments. shall be collected, under the provisions of the Gharter a d Jrdinrances of the city-of' Ashland, and %hc 1,1~-s of the :stets ai' 0-,rc;on. T-at the foll.o-:jinl- are desinnated as the vr.tinn place of each o ti!e wards Uf said citir for s-id S~CCia.l election, i?irwt 'lard, Voting* place, city fire heal'+, ourth street. ;oe9nd ".'and, Voting? ;lace, ~cCartlry uiluin?. Third`.'ard, Vitin" Place, City hall. And the follovin- `,amed person, are appointed judges of said election. First Ward; Judges il.C.uparr, :Ts. A. •,ehrone, Irs. doffec. Second Ward' J, d.;es, O.C. Tiffany, %:.re. Lathavay, ors- Alice Llurphy. `t`hird Ward; Jud7eS, '.:.h.Gv dy, .`.:;..Beaver, )lanche iiieks. rhio two judges last named in eac11 ward shall also act ,s clerks of election. P?1e pools shall be o ened from nine o'clock in the forenoon until six o'clock in the afternoon of said 14tI, u.ay Of .arch, 1517, and said election shall be conducted i in accordarxce with city Ordinance i+o• 375, Article 4, of the Charter of said city znd the., general law= of OrnQnn, ass far ^s practics Eels. j j BY IT T'jRVr'?? P:$'E*',r n`D, Mat the City !?ecorder he, Fnd e i- hrreA37 -lirected to give notice of such special election and the appointment of judges of election.by publication thereof, in a newspaper, published in the city of Ashland, and of t1he proposed amendment to the Charter of said city, to be voted upon, at least ten days prior to.Uaid election, as required by the lama of the state of Ore on, rand the Ordinances of said city, as in. such cases made and provided. The Yeas and Rays were de=carded and ta?en,upon said resolution as follows: Yeas, Root, Banta, Lam',, itinin-zer, Cornelius. Mays, lone. Approved, iaa.rch, pith, 1917. '.?ayor of the city of Ashlandt ATTFjT: ;Sarch 6th, 1917. Recorder of tue oily of Ashland. I fl i i