HomeMy WebLinkAbout1917-01 Charter Amendment Authorizing Re-assessments
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CHAPTER A`'E='PNT
Authorizing City Council
to make re-assessments.
Filed this day of
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191
City Recorder.
ONF9Cti OF
W. J. MOORE
Crrr ATTORNRV
A911LANn.ON4(:ON
i PIESOLUTION, CALLING SPECIAL ELECTION.
17F-ERFAS, numerous city assessments have heretofore been made
against abutting property within the city for special benefits accru-
ing to such properties, and
o MEREAS, a question may arise as to the legality and regular-
ity of the proceedings of the council in levying city assessments,and
I:~1 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
~I to the Charter of the city of Ashland, and that such amendment
be submitted to the leecal voters of said city at a special election
called for that purpose, and
WHEREAS, 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 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, 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
posting a notice in each of the wards of said city not less than
ten d.ys prior to any such special election,
NOW, THEREFORE,D- IT RESOLVED, by the common council r
of the city of Ashland,Oregon, in regular session assembled,
I~ this 20th day of February, 1917, that a special election of the•
t qualified electors of the city of Ashland, be and. hereby is
called and appointed to be held on Saturday, the 3rd day of 11aroh,
1917, 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
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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 26, authorizing and empowering the common council of said
city to make re-assessments against any real property of the city,
on rhich 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
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t officer of the city, or for any other cause.
j 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
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to be known ae Section 26, to read as follows
Section 26:- Whenever heretofore or hereafter the
tl 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 abutting thereon and 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
I! 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
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of said improvement to be re-asseesed against the real estate
~ fronting on such improvement, an the same aide of the street,
in the following manner: The council shall declare,by reselution,its
intention to make such re-assessment,whioh resolution shall
briefly describe the imprevement,and shall declare the intention
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ii of the council to assess the cost thereof upon the property
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fronting on such improvement, on the same side of the street, and
benefited thereby, describing in said resolution each parcel of
property which it intends to re-aesess, and the amount it intends
to assess against each parcel. Said resolution shall fix the time
and place for holding a meeting of the council at which all
protests against re--assessing the cost of said improvement against ,
abutting property, shall be heard. Said resolution shell 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 said hearing.
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 that the property abutting
on said improvement has been specially benefitted thereby, it may
cause the cost of said improvement to be assessed against said
abutting property, to the extent of the special benefit so
received by said property therefrom; Provided, however, that no
parcel of property shall be so assessed, unless the same has been
described 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 s~,,i.d improvement between the various parcels abutting
thereon in proportion to the benefits received, or the frontage of
the property on sgid improvement, as the case may be, assessing no
parcel any greater amount than the actual benefit received by it
from said improvement, but the council shall enter no assessment
against any parcel of property which has been previously assessed
and which assessment has been paid. Any existing assessments so
re-assessed shall be marked " Cancelled by Reassessment". Said
reassessment shall be declared by ordinance and -entered in the
city lien docket and eci.leeted in the same manner ws the
original assessments shall be collected, under the provisions of
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the Charter and Ordinanoes of the city of Ashland, and the laws of
the state of Oregon.
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 ~444Z . 6Pa-:,
First j:.ard: Voti no- Place, 1V•eT-a~., ~'k `i aa+ pa„l ann Rl oak.
Second Ward: Voting Place,HcCarthy Building.
Third Ward : Voting Place, City Hall.
And the following named persons are appointed judges of
said election
j First ,'lard . Judges ~ks a~Xx2
Second 1':ard : Judges p/!
Third Ward Judges he 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 3rd day of ";arch).
1917,and said election shall be conducted in accordance with City
Ordinance 110.375,Article 4,of the Charter of said city and the
general laws of Oregon, as far as practicable.
B IT FURTHER RESOLVED, that the City Records.- 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 of said
city, as in such Cases made and provided.
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The Yeas and Nays were demanded and taken upon said
rasolution, as follows
Yeas
I Nays
APPROVED: February et a 1917.
i mayor of the City of As a
ATTEST: February ,20 1917.
Recorder o the city o Ashland.
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Approved ; February..... 1917, as aRTSended February 22,
February 22,1917, changing date of election to Idarch 10,1917
instead of March 3 rd 1917.
Llayor'of the city of Ashland
ATTEST
ecorder of the city of Ashland