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Ordinance No. 76-13 CITY OF TIGARD, OREGON ORDINANCE No. 76- �3 AN ORDINANCE AUTHORIZING, APPROVING AND REFERRING TO THE VOTERS A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF TIGARD AS ADOPTED BY THE VOTERS ON NOVEMBER 6, 1962, BY AMENDING SECTION 33 OF CHAPTER VII, RELATING TO THE FILLING OF VACANCIES IN OFFICE: CALLING A SPECIAL ELECTION TO BE HELD AS PART OF THE STATEWIDE PRIMARY ELECTION OF MAY 25, 1976, WHERE AT THE PROPOSED CHARTER AMENDMENT SHALL BE SUBMITTED TO THE VOTERS OF THE CITY, FIXING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: That Section 33 of Chapter VII of the Charter of the City of Tigard, adopted by the voters on November 6, 1962, be and the same is, hereby amended to read as follows: j "Section 33: FILLING OF VACANCIES. Vacancies in elective office in the city shall be filled by a majority of the incumbent members of the council. The appointee's term shall begin immediately upon his appointment and shall continue until the first day of the calendar year immediately following the first regular city election. as defined in Section 23, Chapter VI, of this Charter. following his or her appointment to office. DurAg the temporary disability of any officer or during his absence temporarily from the city for any cause, his office may be filled protem in the manner provided for filling officers in office permanently." Section 2: That there shall be submitted to the legal voters of the city, as 4� hereafter provided, the foregoing proposition set forth in Section U' 1 hereof, for which purpose the following ballot title and form in which the question shall be printed upon the official ballot, is prescribed: CHARTER AMENDMENT Vote rt` Submitted to the legal voters by the City Council: Yes or No &, Purpose: An amendment to Section 33 of Chapter VII of the Charter of the City of Tigard, providing that T ,. the terms of persons appointed to fill vacancies in a 51- elective offices shall continue until the first day of the calendar year immediately following the first g.. regular city election following appointment. I vote in favor of the charter amendment L__.J 'YES I vote against the charter amendimnt NO ` ORDINANCE No. 76_'/ - Page One Section 3: That a special election within the city is hereby called in conjunction with the statewide primary election on May 25, 1976, for the purpose of submitting to the legal voters of the city the foregoing proposed charter amendment for approval or rejection. Section 4: The City Recorder is hereby authorized and directed to certify in the manner provided by law to the Department of Records and Elections of Washington County, the foregoing measure for inclusion as a part of the regular ballot to be prepared by the Department of Records and Elections for voting at all precincts within the City of Tigard at the statewide primary election of May 25, 1976. Section 5: In all respects the conduct of the election on said charter amendment shall conform to the procedures established pursuant to law for the conduct of the primary election in said precincts, and the polls shall be open at the same hour and close at the same hour, and all other applicable provisions in accordance with the election laws of the State ° of Oregon shall be respected. Section 6: The City Recorder is hereby directed to give notice of the proposed charter amendment substantially in the form attached hereto, denoted "EXHIBIT A" and by this reference made a part hereof, by publication in the Tigard Times on May 13 and 20, 1976, and by posting in.:the following designated places not later than fifteen (15) days prior to the election: (a) At the tront door of the City Hall, exposed to public view, Main Street, Tigard, Oregon. (b) In one public place, exposed to public view, at the polling place in each voting precinct within the City, and,shall file in the records of said election an affidavit of posting in usual form. Section 7: Inasmuch as it is necessary for the preservation of the public peace, health and safety of the people of the City of Tigard that this ordinance take effect immediately in order that the proposed charter amendment may be properly submitted to the voters of the City at the statewide primary g election on May 25, 1976, an emergency is hereby declared to exist and this ordinance shall take effect immediately upon its passage by the Council and approval by the Mayor: PASSED By unanimous vote of all Council members present, after being read three times by number and title only, this 14-r4 day of March, 1976„ r° Recorder - City of Tigar APPROVED: By the Mayor, this day of March, 1976. Mayor City of Tigard ORDINANCE No. 76- / Page Two EXHIBIT "A" PUBLIC NOTICE NOTICE OF SPECIAL ELECTION ON PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF TIGARD TO BE SUBMITTED TO THE LEGAL VOTERS OF THE CITY OF TIGARD AT A SPECIAL ELECTION MAY 25, 1976 Notice is hereby given that pursuant to Ordinance No. 76-13 enacted by the City Council of Tigard on March 16, 1976, at a special election of May 25, 1976, between the hours of 8:00 A.M. and 8.00 P.M. at the polling places in the City of Tigard, there will be submitted to the legal voters of the City for their approval or rejection the following proposition: CHARTER AMENDMENT, TERMS OF OFFICE WHEN FILLED BY APPOINTMENT Submitted to the legal voters by the City Council: Vote Yes or No 51. Purpose: An amendment to Section 33 of Chapter VII of the Charter of the City, of Tigard prescribing the term of office for persons appointed to fill vacancies in office. I vote in favor of the charter amendment YES I vote against the charter amendment ® NO The polling places in the City for the purpose of submitting the foregoing proposition will be the following: The election will be conducted in all respects in accordance with the election laws of the State of Oregon. The full text of Section 33 of Chapter VII of the Charter of the City r, of Tigard and of Ordinance No. 76-13 may be obtained from the City Recorder's Office, City Hall, Tigard, Oregon. WITNESS my hand and the seal of the CityofTigard this 16th day of March, 1976. BY ORDER OF THE CITY COUNCIL } DORIS HARTIG, City Recorder (TT Publish May -13 & 20, 1976) t�; 3 sj b.