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Ordinance No. 08-06 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 08- 0(p AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE SECTION 2.40, NOMINATING PROCEDURE,AND DECLARING AN EMERGENCY WHEREAS, on March 11, 2008, the Tigard City Council adopted Resolution No. 08-09 establishing and appointing members to the Council Service Task Force;and WHEREAS, the Council Service Task Force was requested by the Tigard City Council to review the nomination procedure and make recommendations on procedural changes to attract Mayor and Council candidates;and WHEREAS, on April 22, 2008, the Council Service Task Force presented its recommendations to the Tigard City Council including proposed changes to the nomination procedure for City of Tigard Mayor and Council candidates;and WHEREAS, the Council Service Task Force members reported that the Mayor and Councilor candidate nomination process might be viewed as too cumbersome by potential candidates;and WHEREAS, the Council Service Task Force members reached consensus that if the nomination process was changed to require 20 signatures accompanied by a$50 filing fee, this would demonstrate a satisfactory level of commitment by a potential candidate;and WHEREAS, Section 31 of the Tigard City Charter specifies that the procedures for nomination and election for elective positions shall be governed by the election laws of the State of Oregon, or by City ordinances if such.ordinances are not inconsistent with state law. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Chapter 2.40 of the Tigard Municipal Code is amended as shown in Exhibit A to this ordinance. (Strike-through text is deleted;underlined text is added). SECTION 2: Because this ordinance will affect the nomination process for council candidates filing for nomination for the November 4, 2008, ballot, an emergency is declared to exist and this ordinance shall be in full force and effect immediately upon passage. PASSED: By anail'Imms vote of all Council members present after being read by number and title only, this a7 day of ,2008. Catherine Wheatley,City Recorder ORDINANCE No. 08- D& Page 1 APPROVED: By Tigard City Council this c)7 day of ,2008. jity oved as to form: Sydney L. Sherwood Council President V Attorney p fir- �� • �g Date ORDINANCE No. 08- Page 2 EXHIBIT A TIGARD MUNICIPAL CODE Chapter 2.40 NOMINATING PROCEDURE. 2.40.030 Filing Dates--Mayor. Sections: Except as otherwise provided by this section, 2.40.010 Petition--Form. the filing deadline for all persons filing for the 2.40.020 Nomination Acceptance--Form- position of Mayor shall be the thirty first day -Furnished By City Recorder. preceding the date the City Recorder is required 2.40.030 Filing Dates--Mayor. by law to transmit to the County Clerk a list of the 2.40.040 Filing Dates--City Council. offices to be filled and the names of the persons to 2.40.050 Filing Dates--Extension In Case appear on the ballot; and Of Weekend Or Holiday. (1) At the time of filing, any councilperson 2.40.010 Petition--Form. filing for Mayor whose term would overlap with that of Mayor shall submit a resignation in the (1) The form of nominating petition for all form required by the Charter; and candidates for elective positions within the City shall substantially conform to the form designated (2) Within five days after the filing by the Secretary of State. deadline, the City Recorder shall verify the signatures and shall provide a form to the nominee (2) Nomination to an elective cijy office stating that the correct number of signatures have shall be by petition signed by at least 20 qualified been submitted and that the signatures are valid; electors. Such qualified electors shall be duly and registered voters under the laws of Oregon and shall be currently eligible to vote at any regular (3) Within five days after receipt of the special election of the City of Tigard. form from the City Recorder verifying the petition, the nominee shall accept or decline the (3) A person filing a nomination petition nomination, and if the nominee is a councilperson shall pay a fee,which shall be tendered at the time whose term would be concurrent with that of of filing the completed nomination petition form Mayor, the nominee shall submit a letter of with the City Recorder. The fee amount will be set resignation as required by the Charter. (Ord. 86- by Resolution of the Tigard City Council. Ord. 06 §1, 1986; Ord. 84-05 §1(a), 1984). 08- Ord. 86-05 §1, 1986: Ord. 64-19 §1, 1964). 2.40.040 Filing Dates--City Council. 2.40.020 Nomination Acceptance--Form- The filing deadline for a City Council -Furnished By City Recorder. position shall be eleven days preceding the date the City Recorder is required by law to transmit to The City Recorder is authorized and directed the County Clerk a list of the offices to be filled to furnish, upon nomination of a candidate for and the names of the persons to appear on the elective positions within the City, a notification of ballot; and: nomination and acceptance of nomination form conforming to "& " the format adopted by (1) Within five days after the filing Resolution of the Tigard City Council. (Ord. No. deadline, the City Recorder shall verify the 08- Ord. 86-05 §2, 1986: Ord. 64-19 §2, signatures and shall provide a.form to the nominee 1964). stating that the correct number of signatures have 2-40-1 SE Update: 12101 TIGARD MUNICIPAL CODE been submitted and that the signatures are valid; and (2) Within five days after receipt of the form from the City Recorder verifying the petition, the nominee shall accept or decline the nomination. (Ord. 84-05 §1(b), 1984). - 2.40.050 Filing Dates--Extension In Case Of Weekend Or Holiday. In the situation where one of the dates listed in Sections 2.40.030 and 2.40.040 falls on a weekend or legal holiday, the time for filing shall be extended to 4:00 p.m. on the following workday; however,this extension shall not change any of the other prescribed dates. (Ord. 84-05 §2, 1984).■ I:\ADM\Cathy\PROJECTS\Comicit Service Task Force 2008\tmc 2.40 after.RTF 2-40-2 SE Update: 12101