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HomeMy WebLinkAbout1917-06 Spec Election Authorize Re-assessments ~ l-7 ,R E S 0 L U T I 0 N Calling Special Election. To Authorize City Council i to Make Re- assessments. i ii Filed this day of 191_ City Recorder. i OFFICE ON AV. J. MOORS CITY ATTOa NIIV AAIII.AND. 0e EGON RESOLUTION, CALLING SPECIAL ELECTION WHEREAS, numerous city assessments have heretofore been made against abutting property within the city for special benefits aocru- j~ ing to such properties, and WHEREAS, a question may arise as to the legality and regular- ity of the proceedings of the council in levying said assessments,and I WHEREAS, the common oounoil *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 WHEREAS, under authority granted to the city council by and under section 6 of Ordinance No.357,whioh ordinanoe 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 emending 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 conspiclously posting a notice in each of the wards of said city not less than I 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 session assembled, this lc~i day of March, 1917, that a special election of the qualified electors of the city of Ashland e, and~~h,Aer` " e)Dy is called and appointed to be held on yy'~J(( the /7_ Iday of March, T" 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 eleotors, to wit Tim,-jriIWi0;9' Pr Iilu ~'D_0IV1' ;~'F.u,ilrirl -TI TLE 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-assesements against any real property of the city, k on which any prior assessment may have been made for a public i . improvement, and which assessment may, for any cause leading up to i the making of such public improvement or levying ofl.any-suoh 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 26, to read as follows Section 26-: 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 abutting thereon and benefited there- by, the cost of such improvement, and said assessments 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 illegal or doubtful, by reason i of any such omission or defect, said council may cause the cost of said improvement to be re-assessed against the real estate i fronting on such improvement, on the same side of the street, in the following manner: The council shall declare,by resolution,its intention to make such re-assesement,whioh resolution shall briefly describe the improvement,and shall declare the intention of the council to assess the cost thereof upon the property. _2_ fronting on such improvement, on the same side of the street, and benefited thereby, describing in said resolution such parcel of i property which it intends to re-assess, and the amount it intends I ' 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 shall be published in a newspaper of general circulation in said city, r ` 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 oonsider all protests against the levying of such assessments, and, if after considering I the matter, the council shall determine that the property abutting on said improvement has been specially benefited thereby, it may cause the cost of said improvement to be assessed against said i 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 determined 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 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 re- assessment shall be declared by ordinance and entered in the city lien docket and collected in the same manner as the original assessments shall be colleoted,under the provisions of -3- nLOMPTeE oz Ozap -Twb4o&GiLsu~p' ov ;pe aormm eTq\® off, rps erx.ss.;' vuq the Charter and Ordinances 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 First Ward, Voting Place, city fire hall,Fourth street. Second Ward, Voting Place, McCarthy Building. Third Ward, Voting Place, City Hall. And the following named persons are appointed judges of said election. First W d: J ges a'A , 'I ~ ' 7 &2 t i~ Second Ward: Judges w, Third Ward: Judges r 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 he fore- noon until six O'clock in the afternoon of said daq of March, 1917, and said election shall be conducted in ace rdance with City Ordinance No-375, Artiole 4, of the Charter-of said-city and the general laws of Oregon, as far as practicable. 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 of said city, as in such oases made and provided- -4- +3's CF71F • pz Tzr :;cr==q of 10F® cT;A CT. q°;.r.-ZW'T' 7T C :Fs TVAR oT The Yeas and Nays were demanded and taken upon said resolution, as follows ~ fey ~ F F Yeas Nays APPROVED: March t 1917. ` ayo? o"le C y of8h18nnds ATTEST March r0 917, \ eoorer0 ec yo s an. I;