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HomeMy WebLinkAbout1916-18 Special Election RESOLUTION----CALLING SPECIAL ELECTION kI.REAS, numerous city assessments have heretofore been made property against abuttingAwithin the city for special benefits accruing to such properties,°..and WHEREAS, a question may arise as to the legality and regular- ity of the proceedings of the council in levying city assessments,and WHEREAS, the common council of the city of Ashland, after due consideration'of the matter of empowering the council to make re-assessments against any property that may be benefitted by any public improvement, deem it advisable that an amendment be made to the Charter of the city of Ashland, and that such amendment be submitted to the legal voters of said city at a special election called for that purpose, and WHF,REAS, under authority granted to the city council by and under section 6 of Ordinance No.357, which ordinance was duly approved on the 18th day of August, 1908, and authorizing the -common councul of the city of Ashland, Oregon, to call a special election at any time for the purpose of amending the charter of said city, upon a resolution proposed by said common council, which election shall only be held after due notice thereof and the appoint- ment of judges of said election shall have been given by publication in a newspaper, published in the city of Ashland, or by conspiciously potting a notice in each of the wards of said city not less than ten days prior to any such special election. NOW THEREFORE, BE IT RESOLVED, by the common council of the city of Ashland, Oregon, in regular adjourned session assembled, this 9th day of November, 1916, that a special election of the qualified electors of the city of /Ashland, be and hereby is called and appointed to be held on. a~1 the 24th day of November, 1916, for the purpose of submitting to the electors of said city, the following amendment to the Charter of said city,for the approval or rejection of said electors, to wit I 1 ----T I T L E 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: I Section 24:- Whenever heretofore or hereafter the council has caused or may cause any street or alley to be improved, or has caused any sewer main, side-walk, curb or gutter to be laid, and has, or may hereafter assess or attempt to assess upon the property adjacent thereto or benefited thereby, the cost of such improvement, and said assessment, by reason of any failure to give any requisite notice or by reason of any other defect in the proceedings leading up to the making of such improvement or the levying of such assessment, shall be declared void by any court, or if the council shall be of the opinion that said assessment is ',ill.egal 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 follow- ing manner: The.council shall declare, by resolution, its intention to make such re-assessment, which resolution shall briefly describe the improvement, and shall declare the'intention of the council to assess the cost thereof upon the property J adjacent to said inprovement or benefitsd.thereby, describing in said resolution each parcel of property which it intends to so re-assess, and the amount it intends to Am assess against each parcel. Said resolution shall fix the time and place for holding a meeting of the council, at which all protests against reassess- ing the cost of said improvement against adjacent property, or property 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 ten 'd'ays before the date of said meeting. BE IT FURTHER RESOLVED, That the following are designated as the voting places of each of the wards of said city for said special election: FIRST WARD: Voting place, 4th Street Fire Station building. SECOND WARD: Voting place,MeCarthy Hall,corner of Main and Granite Streets. THIRD WARD: Voting place, City Hall. And the following named persons are appointed judges of said election: FIRST WARD: Judges SECOND WARD - Judges: THIRD WARD - Judges: The two judges last named in each ward shall also act as clerks of election. The polls shall be opened from nine o'clock in the fore- noon until six o'clock in the afternoon of said day and said election shall be conducted in accordance with City Ordinance No.357,Article 4 of the charter of said city and the general laws <f Oregon as far as practicable. I~ 1 BE IT FURTHER RESOLVED that the city recorder be, and he is hereby directed 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 the proposed amendment to the Charter of said city, to be voted upon at least ten days prior to said election, as required by the laws of the state of Oregon, and the ordinances (f said city as in such oases made and provided. The yeas and nays were demanded and taken upon said resolution as follows YEAS - / L ~LUUIe4 - earJ,t MAYS- 77 APPROVED /~1~i~u G~✓ 1916. 2 Mayor of the city o Ashland* ATTEST N(~~ 1916. ---Recorder-of e c y o .s an .