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HomeMy WebLinkAboutORDINANCE NO. 9117~o ORDINANCE N0. An Ordinance submitting the question to the electors of the City pf Eugene and to the electors of the area hereinafter described, the question "For Annexation" or "Ag~.inst Annexa- tion" of such area and ordering a special electi on to be held in such area and in the City of Eugene on the 21st day of May, 19~+g, designating polling places, a~o_oointing clerks and. ~ 'judges of election, and a.ll acts necessary for the carrying on of the said election, and ~, declz.ring an emergency. .; THE CITY OF EUG:c~ TE DOES ORDAIN 3S FOLLOWS: Section 1. That the Common Council of the City of Eugene hereby submits to the electors of the following described area in the City of Eugene, to-wit: Beginning at a point on the present city limits line of the City of Eugene, Lane County., Oregon, said point being the intersection of the West .line of ~~ the alley in Block 35 of College Hill Park Addition in Section 5, To~rmship 18 South, Range 3 'Test of the Willamette Meridian, and the South City Limits of the City of Eugene; the nce South along West side of said alley to the North line of Block 1 of 4Test View Addition; thence ~~Test along North line of said Ad.d.ition to the West line of the alley in Block 1; thence South ` along the West line of the alley to the North line of Block ~; in West View ~, Addition; thence Westdrly along the North line of Block ~+ to the property ~~ line common bet~~reen Lots 7 and 10 in Block ~+; thence South on the property lines common bete+een Lots 7 and 10, and Lots S and q in Blocks ~,-5, S and 5 to the South line of the alley in Block ~ of said 4lest View Addition; thence East along the South line of the alley to the East line of Block a; thence South along the East side of said Block to a point West of the Pro- perty line common between Lots 5 and 6 of Block 6 of Frasier-Hyland Addi- tion; thence East along the property lines common bet~~reen Lots 5 and 6, and Lots 17 and 18 in Blocks 6, 7, and 12 in Frasier-Hyland Addition to the East side of the alley in Block 12; thence North along the East side of said a?_ley in Blocks 12, 11 and 10 to the lot line common between Lots 37 and 3g in B1 ock 10; thence E:-st along said lot line in Block 10 a:nd lot line between Lots 5 rnd 6 in Block 15 to the Nest line of Seattle Avenue; thence North, :West, and 1~'orth along the East side of Bloch 15 of Frasier- Hyland Addition to the Easterly Northwest corner of said. Addition; thence North along the East side of Lots 15, 1~-, 13, and. 12 feet of Lot 12 in Blook 31 of College Hill P<~rk Addition; thence East to the East side of the alley in Block 31 of said Addition; thence North along the East side of said. alley to its intersection nrith tl-~e present Eugene City Limits line; thence 'Nest along tre City Limits line to the place of beginning, all Coro- ' perty lying arithin Section 6 of Tot~-nshiyo lg South, Range 3 West of the Willa,~nette Meridian, in Lane County, Oregon; for, questions °For Annexation" or "A~~ainst Annexation" of such territory to the City of Eugene . Section 2. The Comrion Council of the City of Eugene hereby orders a special election to be held in the City of Eugene, Oregon, and to be held in the area described in Section 1, on the 21st day of May, 1~~8, at ~r~hich election there shall be submitted to the electors of s:-.id city and. to the proposed annex..=tion area for their apLrcvG.l or rejection the pro- pos~.l. "For Annexation" or !'Against Annexation" of said. area to the City of Eugene. Section 3. That said proposal snail be ple.ced upon the official ballot by the City Recorder to .be voted u-_~on by the electors of the proposed area and by the electors of said city at said election: Section ~+. The (3ity Recorder shall ;orovide such pol)_ books, bal7_ot boxes, ta,].ly sheets and. such other supplies for each polling place, both *.arithin the City of Eugene and the pro- posed area, as arP necessary for the carrying on of the election, all of which shall be delivered to the election board. "1 1 1 61 Section 5. The follo4~ing are hereby designated as the polling places for said. elec- tion in the City of Eugene, one to be in each precinct of said City and the following are hereby designated as the polling places in tY,e proposed. annexation area, and the Common Council does hereby appoint the judges and. clerks to serve in each of said polling places as herein d.esign«ted, to-~f=it in the follo~fring list of Judges and Clerks, the first named shall be a Judge and Chairman of the election board; the second named shall be a. Judge, and the next three shall be designated as first, second and third Clerks: Section 6. The ~ool.ls shall be opened in each of said ~~olling places at eight o~clock 1 in the morning; and shall be kept open until eight o'clock in the evening on said election day. Section 7. The First named Judge of said. election board as provided for in this Ordinance shall be Chairman of the board of ~rhich he is a member, and the ballots cast at said election shall be counted, tabulated and returned to the City Recorder as pro- vided by lat:~. Section S. The City Recorder is hereby authorized and directed to give notice of 1 said election by publication in a neurspaper of general circulation in such corporation and. in such territory so proposed to bn annexed once each week for the period of four ~rreeks prior to such election, also by posting notices thereof in four ~oublic p12.ces in the territory proposed to bP annexed f or a like period: Such notice shall distinctly state the proposition to be so submitted and. shall designate especially the boundaries of the territory so ~oroposed to be annexed and the- electors shs.ll be invited thereby to vote upon such proposition by placing upon their ballots the taords "For Annexation" or "Against Annex~.tion". Section 9. The Judges and Clerks, before entering upon the discharge of their duties at such election shall each take and. subscribe beforF an officer authorized to administer the same, ar_ oath, and he will honestly and, faithfully discharge his duties as ~zch Judge or Clerk. In rase of the absence or inability of any Judge or Clerk so appointed to act at such election, then the qualified. electors present at the polls, before proceeding to vote, ma.y choose an~"elector to act in his place from among the num- ber, «ho shall qualify as aforesaid befcre entering upon the discharge of his duties as Judge or Clerk of such el ection. 'AREAS, it is desired to submit to the electors of the City of Eugene and the elec- tors of the area hereinbefore described a proposal for annexation, an d WHEREAS, the sanitary conditions, ~,aater supply and, electric supply are inadequate and 1 constitute a menace to the health and safety of the iaeople of the area hereinbefore des- cribed, an emergency is therefore declared to exist and it is necessary for the immediate ~2; preservation of the peace, health and safety of the City of Eugene that this ordinance take effect immediately upon its passage and approval by the Mayor, and. IT IS SC ORDERED. Passed by the Common Council this gth day of March, 19!~S /s/ Henry F. Beistel City Recorder Approved by the Mayor this nth day of March, lo~i~~ Ls/ Earl L. McNutt Mayor 1 1 3 WHEREAS, the City of Eugene has imposed upon it the duty of -policing, inspecting and regulating various theatrical and other exhibitions, shows and. other public a.muse- meats, requiring additional operation cost to tY~ City, and the responsibility for the welfare of its citizens, and WHEREAS, theatrical a.nd. other exhibitions, shows and other oublic amusements have been operated in the City, often taking large sums of money out of the common resources of the City, and WHEREAS, the Common Council deems it in the public interest that some return should 1 be made for the yorivilege enjoyed, the Common Council enacts the following: ORDINANCE N0. a~ An Ordinance levying and imposing a license ta.x upon theatrical and other exhibiticns, shows, and other public amusements, pri- marily for regulation, and also for revenue, fixing the amount, and providing for the collection thereof, to be in lieu of all other city licenses upon theatrical and other exhibitions, shows and. other amusements, prescribing; per_alties, and repealing e.ll ordin .aces and. parts of ordinances in conflict hereT;rith. THE CITY OF EUGENE DOES ORDAlIJ AS FOLLOWS: Section 1. It ahal.l be unlaurful for any person, firm, a~sociati.on or-corpora,tion, to operate trrithin the City of Eugene, any theatrical or other exhibition, show or other public amusement urithout having first secured from the City Recorder of the City a license so to do. Section 2. The City Recorder shall prepare an application form to be subscribed by applicants, giving the app lice,nt's name or names, residence address or addresses, p1G.ce ^ of business, the character of entertainment and the period of time ~prhich tree entertain- meat wii.l be shoum and the admission charged. Section 3. , If the Recorder shall find that the a;plicant has complied Urith all. the other ordin=;nces and. regulations of the City, he sYTal.l thereupon, upon payment to him of X1.00, issue a license to the a-~plicant and keep a suitable record of all of the informa- tion contained in the a~oplication. So long as the licensee shall comply ?~rith al.? the laws and, regulations of the City and ~;rith the terms of this ordinv.nce, he shall be permit- ted. to operate in the City of Eugene. Section ~+. (a) There is hereby levied and. imposed upon every theatrical, and. other exhibitions, show, and other -cublic amusement ooera.ting in the City of Eugene, a. license tax for regulatory and revenue purposes. (b) Said lic ease tax shall be me asured and determined by computing three per cent (3~) upon the total of the ~:dmission charges, less all other taxes, collected by the li- censee. (c) Licensees sho?~~ing for periods of one day uyo to t~;ro weeks , shall make a daily 1 statement on the follo~rring day to the City Recorder of the admission feos col?-ectsd a:ad L-LC,'.^_•i;TyO2i1T t~lt :;c.~:8 ~~,ii~? 2. -Jcti1?"it 0:1' t~C'. 11.C2n$° taY. ~4 ', (d) Licensees operating permanently ~.aithin t're City shall file ~rrith the Recorder on I or before the lest day of each month a statement showing the admission fees collected during j the immediately preceding calendar month, together with a. comrutation of the tax under this ordinance and. accompany the s?.me 4.rith payment of the license tav. Section 5. The t=x imposed by this ordin~:nce shall be deemed to be held in trust by the licensee until the same steal 1 have been yoaid to the City Recorder as hereinafter pro- I vided. i Section 6. Any licensees failing to promptly account and remit to the City Recorder i the license charge herein provided, shall be persona]_ly liable to the City for said funds, and in addition thereto shall be deemed guilty of a violation of this ordinance. Section 7. Nothing herein contained shall be deemed to impair or lessen the regala- i tort' provisions of the various ordinances of the City with respect to the amusements herein licensed. Provided, however, that no other or further license charge shall be imposed j upon any licensee hereunder. Section 8. That all ordinances and p~.rts of ordinances in conflict herewith, and ioarticular.ly Ordinance No. S~?b0 and Ordinance Tdo. 8519 and Ordinance No. X111, are i hereby repealed. I Section ~.. Any person, firm, association or corporation violating any of the pro- ~, visions of this Ordinance, either of wilful or intentional omission or ~srilful and inten- tional commission, sha.11_ upon conviction thereof before the Municiioal Court, be subject, I to a fine of not to exceed X200:00, and upon default in payment thereof maybe imprisoned in the city jail for one day for each X2.00 of fine unpaid, and. such conviction shall automatically suspend the license of such person, firm, association or corporation until such fine sila,ll have been paid or served in full, and all amounts due as taxes and licenses from such person, firm, association or corporation shall have been paid in full.. Approved by the Mayor this Passed by the Common Council :th da of March, 1p~8. tris 8th day of March, 19~?8. LsJ Earl t,. McNutt ~~ Henrs F. Beistel Mayor City Recorder 1 1