First & Second Reading of the Ordinance Vacating an Unopened Alley
|Meeting Date:||February 7, 2006||Primary Staff Contact:||James H. Olson, 552-2412|
|Contributing Departments:||Legal/Recorder||Secondary Staff Contact:||Bill Molnar, 552-2042|
|Estimate Time:||5 minutes|
A public hearing was held on January 17, 2006 for the proposed vacation of an unopened alley located between Ditch Road and North Street (vacated). The vacation ordinance was read by title, approved by Council and moved to second reading.
Since a public notice regarding this ordinance was not published in the local newspaper, nor was the ordinance sent to Council seven days prior to the meeting is should now be read in full and approved for the first reading, followed by a reading by title only for approval of the second reading.
In response to a petition received from Brian and Diane Smith a vacation process was initiated which culminated with a public hearing held on January 17, 2006. Hearing no testimony either for or against the vacation the public hearing was closed and the ordinance was read by title and approved for a second reading to be held on February 7, 2006.
All ordinances must be read in full unless a notice is published in the local newspaper with copies of the ordinance provided to the Council members and made available to the public at least seven days prior to the meeting. Since only the public hearing notice and not the notice regarding the ordinance was published in the paper and copies were not sent to Council per City Charter requirements, the ordinance should have been read in full.
To adhere precisely to the Ashland Municipal Code and Charter the first reading should be repeated with the ordinance being read in full, then read again by title only for the second and final reading.
|Related City Policies:|
AMC Chapter 4.18 sets guidelines for City Planning Commission and staff review of vacations and further refers to the Oregon Revised Statutes for procedural control. Vacation of public rights-of-way within incorporated is specified under ORS Section 271.080 through 271.120.
Article X of the City Charter, reprinted below, also sets forth the requirements for enacting an ordinance:
ARTICLE X - Ordinances
Section 1. Enacting Clause. The enacting clause of all ordinances hereafter enacted shall be: The People of the City of Ashland do ordain as follows:".
Section 2. Mode of Enactment.
Section 3. When Ordinances Take Effect. An ordinance enacted by the Council shall take effect on the thirtieth (30th) day after its enactment. When the Council deems it advisable, however, an ordinance may provide a later time for it to take effect; and, in case of an emergency, it may take effect immediately.
Council may read the ordinance in full for a first reading and again by title only for a second reading at the same Council meeting.
Council may read the ordinance in full for a first reading on February 7th and complete the second reading on February 21, 2006.
Staff recommends that the first and second readings of this ordinance be conducted at the February 7th meeting and that the ordinance be approved.
Motion No. 1
Council may move to approve the first reading of the ordinance vacating an unopened alley, with the two approved conditions and forward to second reading;
Council may move to approve the second reading and adopt the ordinance vacating the unopened alley with the approved two conditions.