Resolution No. 74-26 CITY OF TIGARD, OREGON
RESOLUTION NO. 74
Phe City Council takes official notice of the following
with respect I;o the election held in the City of Tigard on the
28th day of Hay, 19741, whereat pursuant to ordinance No. 2V2 Z
there was submitted to the l"al voters of the City a proro3aS
to increase the tax base of the City:
(1) That the said tax base election was conducted by and
under the supervision of the Director of the repartment of Records
and elections, MAohin{;ton County, Orcgon, hereinafter termed
County 3lections Officer,aa a Part of the state--wide primary 7
election.
(2) That the voters in all Precincts within the City, a
except those voters residing In the Rollin& ;fills annexation
area, were afforded an opportunity to vote with respect to said
proposal; that voters within the area known as 'Rolling 1:111s
were precluded from voting on the Said tax bane Proposal Ly
decision of the County Elections Officer.
(3) 9Riat the "Rolling Stills: territory was annexed to the
City effective January 9, 1974, t.Y action of the Metropolitan
Boundary Commission and in 11Y,e :canner, an additional territory
d6signated the 'Derry Dell annexation area was 1lkewiue added to
t,!e City of Tigard, effective January 9, 2974, by order of said
commission.
(4) That all information and records request.n-d or presum-
ably required from the city by the County ^loctions dfficer in
oo=eation with the planning, for and holding: of the Election an
the tax base Proposal within the City war+! furnished and the
County elections officer failed to notify any one conn3eted with
the City of any decision to disqualify the Voters of the
"Rolling 1111s� annexation area prior to mid-day of MMY 28, 1974,
when voters of such area queried the City officers wit;. respect
to their being denied the onportunit.Y to cast a ballet on the
City tax proposal.
(5) ;hat the County !�-Icctions officer advised City Pat—
sonnei he relied upon ORI 246,410 as a bauic for his failure to
make provision for ''Ro11111R dills' voters to vote with res:'sct to
the City'a tax bane proposal.
(6) That ORS 246.410. in oertinent Part reads as follows:
-Not later than January preceding; the primary
election the county clerk shall divide all
precincts havin% more than 759 registered elect-
ors rcdiding the".1n, except a precinct located
i.a a single multiple dwelling may havo mare that:
. 750 registered sleatorm. Thn county clerk shall
! fix the boundaries of the preeinetes and desi_g,
€ nate the precincts by numbers or namea...... `
ge>
(7) That the foregoing quoted portion of OAS 246.410
does not provide legal iustification for discriminators treat-
ment of the votere of the !Folling Hills annexation area in awV
f event. In partleular, there appears to be no factual distinct
tion with respect to the Derry Dell area,annexed also on January
9, 1994, whose voters were not precluded from voting in the tax
base election.
WOW THERElORE, be it resolved by the City Council of
Tigard, Oregon:
(a) That the Council officially hereby protests the
action of the County Elections Office and the reasons given
therefor¢.
(b) That the Council does hereby express to each of the
voters of the Rolling Bills annexation area who was denied the
right to vote on the tat base election of May 28, 1974. the
Council's utmost re•5ret with respect to such denial of sash
opportunity to vote
(c) That this resolution shall be made a part of the r
records of the City with respect to said election.
(d) That the City Recorder is hereb$ directed to for-
ward a Copy of this resolution to each of the following:
(a) The Director of Records and Elections of 'Washington S
County, Hillsboro, Oregon.
(b) The Director of Elections of the office of the
secretary of state or Oregon, State Capital, Salem, Oregon. 1
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