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Home My WebLink About1917-01 Charter Amendment Authorizing Re-assessments-COPY R l7-D/ 21219117 ® c~ CHARTER A=TDMENT Authorizing City Couhcil to make re-assessments. r Filed this day of 191 it City Recorder. III OFFICE OF I CITY RECORDER I o ASHLAND, OREGON I RESOLUTION CALLING SPECIAL MZCTI02t. I PHEREA8,,.numerous city assessments have heretofore been made against abutting ; property within the city for special benefits accruing to such properties„ and 17 HEAS, a question may arise as to the legality and regularity of the proceeds ings of the council in levyini7 city assessments, and c f Wi$UMAS, the common council of the city of Ashland, after due consideration i of the matter of empowering the council to made re-asseasments against. ony 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 ouch amendment be submitted to the legal voters of said city at a special election called for that purpose, and fiREAS, under authority granted to the city council by anit under section 6 of Ordinance No. 357, which ordinance was duly approved on the 18th day of August, ) 1908, and authorizing the common council 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, ehrich election shall only be held after I due notice thereof and the appointment of judges of said election shall have been given by publication in a newspaper, published in the city of Ashland, or by conspiciously posting a_notice in each of the wards of said city not less than ten days prior to any such special election, I. . ! NOW TREEEFOEE, BE IT RESOLVED, by the common council of the city of Ashland Oregon, in regular session assembled, this 20th day of February, 1917, that a special i election of the qualified electors of the city of Ashland, be and hereby is called and appointed to be held on Saturday,. the 3rd day of Na.rch, 1917, for the purpose of submitting to the electors of said cittiy, th following amendment ofthe Charter of said city, for the approval or rejection of said electors, to-wit: T IT LS AN ACT to amend Article Vll, of the existing Charter ofthe city of Ashland Oregon, by adding thereto a section to be known as Section 26, authorizing and empower- ing the co*mon council of said city to make re-assessments against any real property of the city, on which any prior asses sment may have been made for a public improvement, and which assessment may, for any cause leading up to the maltinrr of such public improve- ment or levying of uny,such assessment, be declared void, illegal or doubtful, by reason of any omission or defedt on the part of the city council or othe officer of the city, or for any other cause. BE IT ENACTED BY THE PEOPLE. OF THE CITY' OF ASHLAND: That Article Vil of the present Charter of tk city of Adland, Oregon, be amended by adding thereto a section to be known as Section 26, to read as follows: Section 26: Vihenever heretofore or hereafter the council bas caused or may cause any street or alley to be improved, or has caused any sewer Min, sidewalk, curb or gutter to be laid, and has, or may hereafter assess or attempt to assess upon the pro- perty abutting thereon and benefited thereby, the cost of such improvement, and said I 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 waking of such imprmvem`ntG 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 illegal or doubtful, by reason of any such ommission or defect, said council m-ay cause the cost of said improvement to be re- assessed against the real estate fronting on such improvement, on the same side of the II street, in the following; manner; The council shall declare, by resolution., its intentio to =*a such re-assessment, which resolution shall briefly describe the improvement,, and shall declare the intention of the council to assess the coat thereof upon the property fronting on such improvement, on the sane side of the street, and, benefited thereby, describing in said resolution each parcel of property which it intends to re- assess, and the amount it intends to assess a,;ainst each, parcel. Said resolution shall fix the time and place for holding a meeting of the council at which all protests againe reassessing the cost of said improvement against abutting property, shall-be heard. Said resolution shall be published in a newspaper of general circulation in 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 of aid-hearing. ii At said hearing the council shall consider all protests against the levying of such assessments, and, if after considering the matter, the council shall determine II that the property abutting on said improvement has been specially benefitted thereby, i it may cause the cost of on" improvement ,to.be assessed against said abutting property, to the extent of the special; benefit so received by said property therefrom. Pwovided, however, that no parcel of property shall be so assessed, unless the same has been des. i cribed in the notice of intention to make re-assessment above provided for, and no parcel of property, shall be assessed for a greater amount than the amount designated therefor in said notice. In making said. re-assessment, the council shall distribute the cost of said improvement between the various parcels abutting. thereon in proportion to the benefits received, or the frontage of the property on said improvement, as the case may be, assessing no parcel,any greater amount that the actual benefit received by it from said inp rovement, but the council shall enter no assessment against any parcel of property which has been previously assessed and which assessment has been x""711 paid. Any existing assessments so re-aseessed shall be marked '"Canceled by reasseaamen Said reaesessment shall be declared by ordinance and entered in the city lien docket and collected in the same manner as the original assessments shall be collected, under the provisions of the Charter add Ordiahnees of the city of Ashland, and the laws of „ the state of Oregon. . BE IT FURTMR.FESOLV21), That the following are designated as the voting places of-each of the Bards of/said city for said special election. FIrst Ward voting place, Pourth Street Police Station. Second ;bard voting place, McCarthy Building. Third !lard voting place. City Hall, And the followinq named persons are appointed judges of said election. First %7ard Judgee:li.C.Sparr. Mrs. A.F.Throne, Firs. E.. Coffee. Second Ward Judges. O.C.Tiffany, Mrs. E. Hathaway, and kre. Alice Murphy. Third 'lard Judges, W.HeGo-.-dy, J.11-Reaver, Blanche Hicks* The two judges last named in each turd shall also act as clerks of election. The polls shall be opened from nine o'clock in the forenoon until six o'clock in the afternoon of said 3rd day of +3arch, 1917, and said election shall be conducted i in accordance with City Ordiance No. 375, Article 4, of the Charter of baid city and the general laws of Oregon, as far an practicalbe. BE IT FURTIIM R3SOLVEA. 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 I publication thereof, in a newepaper, published inthe city of Ashland, and of the pro. posed amendment to the Charter of said city, to be voted upon at least (ten days 'I prior to said election, as required by the laves of the state of OreZon, and the or- dinances of said city, as in such cases made and provided. The Yeas and Rayes were demanded and taken, upon said resolution as follows,. Yeas Root, Banta, Iamb, Caldwell. Aa„yes, Yone. Absent Rininaer and Cornelius. Abproved: February 20, 1917. I a Mayor of the, city of Ashland. February 20, 1917. ATTEST el'X City Recorder. Approved: Feb. 23, 19T7g as emended. February 22, 1017, changing date of electio_rt to larch, 10, 1917., instead of March 3rd, 19170, _ Mayor of the city of Ashland ATTEST ecorder of the City of Atihland. y III u ~