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Ord 1637COUNCIL BILL N0, 467 ORDINANCE N0, 1637 AN ORDINANCE PROPOSIPdG A LEVY OF TAX OUTSIDE THE LIMITATION I~riPOSED BY ARTICLE XI, SECTION 11, SUBSECTION (1) OF THE OREGON CONSTITUTION AGAINST T~~E TAXABLE PROPERTY IN T~3E CITY OF WOODBURN IN THE TOTAL AMOUNT OF $347,994.00 FOR THE FISCAL YEAR 1978-79; AUTHORIZING THE EXPENDITURE OF MONIES DERIVED THEREFROM FOR THE BUDGET FOR THE FISCAL YEAR BEGINNING JULY 1, 1978; CALLING A SPECIAL ELECTION AT WHICH SUCH LEVY OF TAX SHALL BE SUBMITTED TO THE LEGAL ELECTORS OF THE CITY OF WOODBURN: AND DECLARING AN EMERGENCY. WHEREAS, the City of Woodburn proposes an annual budget for the operation of said City; and WHEREAS, the proposed budget for the fiscal year 1978-79 exceeds the limitation imposed by Article XI, Section 11, Sub- section (1) of the Oregon Constitution; and WHEREAS, the Common Council of the City of Woodburn deems that the proposed budget is necessary to provide City services to the residents and inhabitants of the City of Woodburn; and WHEREAS, Article XI, Section 11, Subsection (2) (b} of. the Constitution of the State of Oregon provides that Article XI, Section 11, Subsection (1) of said Constitution shall not apply to that portion of any tax levied which is specifically voted outside the said limitation by a majority of the legal voters of the taxing unit voting on the question; now therefore THE PEOPLE OF THE CITY OF WOODBURN DO ORDAIN: Section 1. That the Common Council of the City of Woodburn hereby proposes a levy of tax outside the limitation imposed by Article XI, Section 11, Subsection (1} of the Oregon Page 1 - COUNCIL BILL NO. 467 ORDINANCE N0.1637 Constitution in the total amount of X347,994 for the fiscal year 1978-79 for the purpose of applying said sum to the budget for the fiscal year 1978-79. Section 2. That the proposed levy of tax shall be sub- witted to the legal electors of said City at a special election, which is hereby called to be held therein in accordance with the laws of the State of Oregon and the Charter and ordinances of said City governing elections August 10, 1978 . The City Recorder shall post a typewritten notice in each of the election precincts of the City of Woodburn and shall cause notice of said election to be published for two consecutive weekly publications in the city official newspaper or in a newspaper of general circulation, the first said publication being at least 10 days prior to said election. Section 3. That the form in which said questions shall be submitted to the electors of said City on the official ballot at such special election shall be as follows: CITY BALLOT Special Municipal Election, August 10, 1978 City of Woodburn, Marion County, Oregon Vote YES or NO - Mark X in the Square for the Answer Voted For Submitted to the Voters by the Common Council Page 2 - COUNCIL BILL NO 4~7 ORDINANCE NO.lE37 TAX LEVY OUTSIDE 6% CONSTITUTIONAL LIMITATION Explanation: If this measure is approved, the operating budget to be financed by local taxes for the tax year 1978-1979 will be X271,522 greater than the operating budget financed by local taxes for the preceding year. The reasons for such increase in local taxes include: (1} In the preceding year, operating funds in the sum of $243,595 were received for police and fire purposes from a special two year levy passed by the voters in 1976. That levy has now expired and funds for the police and fire departments must be obtained from the general levy. (2) Increased costs due principally to inflation. (3) New requirements for services imposed upon the City by the people, the State and the Federal Government. Question: Shall the City of Woodburn be authorized to levy a tax greater than the 6% limitation imposed by Article XI, Section 11, of the Oregon Constitution in the sum of $347,994 for the fiscal year 1978-1979, for the purposes more fully detailed in the Explanation printed above? YES ( ) NO ( ) Section 4. This ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Page 3 - COUNCIL BILL N0. 467 ORDINANCE N0. 1637 APPROVED: Passed by the Council Submitted to the ~~ayor Approved by the Mayor Filed in the Office of the Recorder ATTESTED: Barney 0. Burris, Recorder City of Woodburn, Oregon Vetoed by the Mayor Passed by the Council over the veto by the Mayor ATTEST: ~~~„ 1, z.~:,x ~~ ~'.:,.~.~.•c,~S..:~~.., Barney O.~'~Burris, Recorder City of Woodburn, Oregon Page 4 - COUNCIL BILL N0. 467 ORDINANCE N0. 1637 Stanley C. Liss, ~~4ayor July 13, 1978 Ju X13, 1978 July 24, 1978 July 24, 1978 July 24, 1978 I, BARNEY 0. BURRIS, Recorder of the City of Woodburn, do hereby certify that I caused to be posted three copies of Ordinance No. 1637, one of which said copies posted in the City Hall on the bulletin board adjacent to the entrance to the Recorder's Office, in full view of the traveling public; a second one of said copies posted on the Woodburn Public Library bulletin board at 280 Garfield Street, in full view of the traveling public; a third one of said copies posted on the Community Center bulletin board at 491 N. Third St., in full view of the traveling public; that all of said places are public places within the corporate limits of the City of Woodburn and all of said copies were posted on the 26th day of ~y 1978. Barney .Burris, Recorder City of Woodburn, Oregon T0: COUNCILMEN OF THE COM~~ION COUNCIL OF THE CITY OF ~JOODBURN FROM: MAYOR OF THE CITY OF WOODBURN, OREGON SUBJECT: vETO OF COUNCIL BILL PJO. 467 REF: (a) CHARTER OF THE CITY OF WOODBURN, OREGON DATE: JULY 17, 1978 1. In accordance with reference (a,l, the Mayor of the City of Woodburn hereby informs the Councilmen of the Common Council of the City of Uoodburn, Oregon that he declines to sign Ordinance No. 1637; which was passed by the Common Council at a Special Council Meetincr on July 13, 1978; into law. 2. Reference (a7 requires the Common Council to reconsider the ordinance, which has been vetoed by the Mayor, at it's next regular Council Meeting. 3. It is the carefully considered opinion of the undersigned that the majority of the citizens of the City~of Woodburn want to hold down the rise in taxes. Resubmission of the rejected budget without much better communications between the elected representatives of the city govern- ment and the electors would only lead to further misunderstanding, greater cost, and serious administrative problems in the next fiscal year. 4. By vetoing Council Bill No. 467 the Mayor will delay the administrative procedures to: a. alert the citizens to the need for communicating their wishes to their elected representatives immediately; b. emphasize strongly to the citizens that their government cannot function responsively if the majority of qualified voters fail to exercise their privilege, as well as their duty, in voting on the mast important matter before them at this time Respectfully, ~~ • ~ aal~' S ~an,.l .ey,...~,,.;..: ~ ~,s s ~ ~~layo r --~~~ .Ci~ty.of Woodburn, Oregon