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City Council Packet - 06/19/1981 i e C17YCNTWARD WASHINGTON COUNTY,OREGON June 18, 1981 NOTICE OF SPECIAL COUNCIL 24EETING Notice is hereby given that a special Council meeting, called by the Mayor upon his own motion and by the request of three members of the City Council, will be held on June 19, 1981 at 10:30 A.M. at Cook's Tigard Pharmacy, 14315 SW Pacific Highway, Tigard, Oregon. The meeting is called for the purpose of amending Ordinance No. 81-41, An ordinance calling for a special election to submit to voters a tax levy for construction of bicycle paths/ pedestrian walkways, to comply with election notice requirements. Mayor - City of Tigard 12420 S.W. !VAIN P.O. BOX 23397 TIGARD, OREGON 97223 PH: 639-4171 T I G A R D C I T Y C O U N C I L SPECIAL MEETING MINUTES - JUNE 19, 1.981 - 10 :30 A.M. MINER 1 , ROLL CALL: Present : Mayor Wilbur Bishop; Councilman John Cook; Councilwoman Nancie Stimler: Legal Counsel , Ken Elliott and Ed Sullivan ; Finance Director/City Recorder, Doris Hartig; Administrative Secretary, Loreen Wilson. 2 . Mayor Bishop called the meeting to order and stated that the pur- pose of the meeting was to consider an ordinance to amend the ballot language on the bikepath levy ballot for the June 30 , 1981 , election. 3 . Mr. Ed Sullivan, Legal Counsel for the City, gave a brief history of the issue noting that the State of Oregon had advised the City of Tigard that the TCYS and Loaves and Fishes levies (which were approved by the voters) were open to question due to language pro- blems on the ballot . When the City was advised of the reported error, there was concern that if the bikepath levy ballot language was not changed before the election on June 30th that possibly it too would be considered improper and would have to be rescheduled for another election, The State contended that the ballot must state whether or not the State of Oregon would be partially fund- ing the levy. They reported that this is in accordance with the new "A/B ballot" election laws . Mr, Ken Elliott , Legal Counsel for the City, reported the efforts made on behalf of this office and the City of Tigard staff to "save" the June 30th election. After lengthy discussions with the Oregon Secretary of State ' s office and Department of Revenue office , Legal Counsel determined it would be advisable for the City to attempt to reword the bikepath ballot language. Mr. Sullivan advised the Council that even if the ballot language was changed, since absentee ballots had already been sent out, a close election could possibly be contested. Corrected absentee ballots will be mailed immediately. Mr. Elliott suggested the following language be added ;_o the end of the levy explanation which should appear on the ballot. "If this measure is approved, $100,000 of taxes levied for each year will be totally financed by--local taxpayers without any par- tial state payment. " 4. ORDINANCE NO. 81-48 AN ORDINANCE AMENDING ORDINANCE NO. 81-41 4HTCH CALLED FOR A SPECIAL ELECTION TO SUBMIT TO VOTERS AT THE JUNE 30, 1981 ELECTION A TAX LEVY FOR CONSTRUCTION OF BICYCLE PATHS/PEDESTRIAN WALK- WAYS AND DECLARING AN EMERGENCY. (a) Motion by Councilwoman Stimler, seconded by Councilman Cook to adopt Ordinance No. 81-48. Approved by unanimous vote of Council present . 5 . Legal Counsel suggested the City of Tigard advertise the election in the Oregonian or Journal on Saturday the 20th if possible. City Attorney also stated a number of other entities had similar pro- blems and the Department of Revenue had requested an Attorney General ' s opinion. It is anticipated the opinion will be received by the end of the month. 6. ADJOURNMENT: 11 :01 A.M. City Recorder ATTEST: Mayor PAGE 2 - SPECIAL MEETING MINUTES, June 19 , 1981