Ordinance No. 62-20 CITY OF TIGARD 7
ORDINANCE NO, 6z
AN ORDINANCE TO PROVIDE FOR THE CARRYING INTO EFFECT
IN THF CITY OF TIGARD, OREGON, OF THE INITIATIVE AND REFERENDUM
POWERS, PROVIDING PENALTIES FOR VIOLATIONS OF THIS ACT, AND
DECLARING AN EMERGENCY.
IT IS ORDAINED BY THE COUNCIL OF THE CITY OF TIGARD: ,
Section 1. Constitutional Authority.
Theinitiative an referendum powers reserved to the
legal voters of municipalities buy
Sccti^n la of Article 4 of the
constitution of the State of Oregon, and the powers granted to the
legal voters of the cities and towns by Section 2 of Article XI of
the constitution of the State of Oregon to enact and amend their
municipal charters, shall be exercised iiL the City of Tigard as
provided in this ordinance.
Section 2. Initiative Petition Form.
Theo owing s a a substantially the form of a
petition for any ordinance or amendment to the charter proposed by
the initiative.
WARNING
It is a felony for a person to sign an initiative
or referendum petition with any name other than his own,
or to knowingly sign his name more than once for the
same measure, .or to knowin;ly sign a petition when hc'
is noL a legal voter.
INITIATIVE PETITION
To:
Cer of t o cZty o T gar , Oregon
We, the undersigned, citizens and legal voters of
the city of Tigard, Washington County, Oregon, respect-
fully demand that the following proposed ordinance (or
amendment to the city charter) shall be submitted to
the legal voters of the City of Tigard, Wa€�hington
--�---
county, Oregon, for their approval or re�e����li at the
regular (or special) election to be held on the
da of , 19 , and each for himself
says: I have ersonaLly signe3 this petition; I am a
legal voter of the city of Tigard, Washington County,
Oregon, and my residence and street number are correctly
written after my name.
Name Residence Street N1+mber,,
dere o low , num ere or s
ares ignatures.
}
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Section 3. Referendum Petition Form.
The Eollowing Mall a substantially the form of
re- pC'l:iL,LVu fUY i`tliereuuiiui Lo dae paopi a Ca any o diiL&rce ec�,^yS<f�. �y
the city council.
14TaR14INGG
It is a felony for a person to sign an initiative
or referendum petition with any name other than his own,
or to knowingly sign his name more than once for the
same measure, or to knowingly sign a petition when he
is not a legal voter.
REFERENDUM PETITION
To:
G efk of the city of Tigard, Oregon
We, the undersigned, legal voters of the city of
Tigard, Washington County, Oregon, respectfully demand
that Ordina ncc No entitled (the title of
ordinance on which t e referendum is sought) ,
passed by the council o t e city of Tigard, at its
meeting on the day of , 19 ,
shall be submitte—c to the leg-a -5ters ofthe cit oL
Tigard for their approval or rejection at the regular
(or special) election to be held on the day of
19 and each for- m�seif says:
I have personally signe tthis petition; I am a legal
voter of the city of Tigard, Washington County, Oregon,
and my residence and street number are correctly
written after my name.
5' Name Residence Street Number
ere o ownum ereb —E nes for signatures.
Section 4. Verification of Petition Form.
Each sheet of every petition containing signatures
for either initiative or referendum shall be verified by affidavit
on the back thereof in substantially the following form by the person
who circulated the sheet of the petition:
State of Oregon )
County of Washington ) ss.
City of Tigard )
being,first
duly sworn, say that ere shall ele mitten or
typewritten the names of t'iee s3-ers off—the--shheetl
signed this sheet o t e orego ng petl—tEo—nand eac
of them signed his name thereto in my presence; I
believe that each has stated his name, residence and
street number correctly, and that each signer is a
legal voter of the city ofTigard.
Signature and post office 6f UTI—an-7,
Subscribed and sworn to before me this day of
A.D., 19
(Signature and title of officer an
his residence)
(Date of expiration of official
commission.)
i
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Seetion 5. Forms Not Mandatory.
® The forms herein given are .,:.t mandatory and if
�a
substantially followed the petition is sufficient, disregarding
clerical and technical errors.
Section 6. Signatures and COPlF of Measure Attached to Petition.
Not more t an 0 signatures shall be sig
sheet of a petition, and a full and correct copy of the title and
text of the measure demanded for submission by the initiative or
referendum petition, as the case may be, shall be attached to each
s?hect or aggregate of sheets circulated for signature, and the full
and correct copy of the title and text shall be shown to the voter
before his signature is attached.
Section 7. Petition to Cit Clerk.
'- Not ess t an ays efore a special election or
40 days before a general— ritviClerk shall acion at which a ePnttfor filingion is to bansub-
mitted to the Vctcrs, -
for the referendum, sujeci c
petition for the initiative or b5 t.e
verification of the number and genuineness of the signatures and
Noting qualifications of the persons signing the same by reference
to the registration books in the office of the County Clerk of
Washington County, and if a sufficient number of qualified voters
be found to have signed the petition, he shall file it as of the
date of presentation to him.
Section 8. RQ Lured Number of Si Hers.
InitM ve pet tions or any proposed ordinance,
charter amendment ormeasure
ofL1the votesall be gnedcase at rheber of lastpreceding
al
voters equal to 15 p
regular municipal election. Referendum petitions against any
ordinance or measure enacted by the City Council shall be signed by
number
ldequal
l eof the votes cast at
the ast preceing regular municipalection.
Section 9. Time
ereLamre erenit for Rumepetatt�ionfisrsigneCeby the required
number of legal voters, against any ordinance passed by the Council
and approved by the Mayor, it shall be filed with the City Clerk
within 30 days after the Mayor approves the ordinance in question.
Section_ 10. Referendum b Council
amen ent to t e charter of the City of Tigard
or a new charter may be proposed and submitted and an ordinance may
be referred to the legal voters of the city by resolution of the
City Council without an initiative petition; said resolution shall
be filed with the City Clerk for submission not later than 25 days
before a general city election and not less than 15 days before
any special city election at which it is to be no
roved by aoted on, and majority
such measure shall be effective until it is app Y
of the votes cast thereon by the legal voters of said city.
Section 11. Date of Election in Resolution.
When an amen ent to t e charter of the City of
Tigard or a new charter is proposed and submitted or an ordinance
lution of the counc
is referred to the legal voters thereof by renosha11 therein stateil
without an initiative petition,
ar municipal election, or the date of
the date of the reg'-1
a special
election at which the measure will be submitted to a vote.
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Sectia�on 12. Ballo_ preparation.
4anen a measure or initiative or referendum legis-
lation is filed by the City Clerk after the number and genuineness
of tignaturas therato, as provided by Section 7 supra has been
ascertained, or when a resolution of the Council is riled with the
City Clerk as provided in Section 9 herein, the City Clerk shall
transmit to the City Attorney a copy of the measure, and tha$ City
Attorney shall within five days provide and return to the City
Clerk a ballot title for the measure. The ballot title shall be
printed with the number of the measure on the official ballot. In
making the ballot title the City Attorney shall to the best of his
ability give a true and impartial statement of the purpose of the
measure and in language that the ballot title shall not be inten-
tionally an argument or likely to create prejudice either for or
against the measure. Any person who is dissatisfied with the ballot
title provided by the City Attorney for the measure may within two
days after the ballot title is returned to the City Clerk appeal
r . 8:-ina t4jr! rE8Sons
to-the Council asking a dirkere-6
-Z-1-.Li-, a - I—--o --
therefor, and stating why the title prepared by the attorney is im-
proper; and the council shall by resolution approve the ballot title
prepared by the attorney, or shall by resolution prescribe another
ballot title therefor, and the ballot title so approved or so pre-
scribed by the council shall be the title placed on the ballot.
The ballot title shall consist of a caption not exceeding six words
in length by which the measure is commonly referred to or spoken
of, followed by an abbreviated statement not exceeding 25 words
length of the chief purpose of the measure, and shall not resemble
insofar as possible any other ballot title filed for any measure to
be submitted at the same election. The City Clerk shall number the
measures and ballot titles in the most convenient and consecutive
manner. The first measure shall be numbered 51 in numerals. The
succeeding measures shall be numbered consecutively 52, 53, 54 and
so on, to and including 100, at each election. For special city
elections the City Clerk shall have the ballot titles and numbers
printed upon the official ballot. Measures referred to the voters
by petition shall be designated Referendum ordered by petition of
the people." Measures proposed by the initiative petition shall be
designated "Proposed by initiative petition." Charter amendments
or a new charter submitted by the council without initiative petition
shall be design ted "Charter (charter amendments) submitted to the
voters by the City Council."
Ptovided, however, that when charter amendments or a
new charter are to be submitted to the voters by resolution of the
council as in this ordinance provided, the council may in said
resolution provide for a ballot title for the measure so to be sub-
mitted, and in the event of such provision being made by the council
the hereinabove provision of this section relative to the filing of
hhe measure with the City Attorney, the preparation by said attorney
of a'ballot title therefor, and the appeal to the council from the
ballot title so prepared shall not apply.
Section 13. Publication and Notice.
T e=y C1
_ __.57 s a publish any proposed ordinance,
referendum measure, charter, charter amendment,full, other measure
rred to
together with the ballot titin ale nnewspaper number ipublisedhin theen eCity of
the vote=s at any
Tigard for one issue of the newspaper within al days immediately
prior to the election. The,City Clerk shall also give notice of any
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general or special election by posting notices thereof, one in each
precinct of the City of Tigard, not less Chan 10 days prior to the
date of election and also by publishing notices in one or more
newspapers published in the Cityy of Tigard, once each week for two
consecutive weeks, the first psblication of tieelection notice to
be not less than 10 days prior to the date of election.
Section 14. Petition Siner and Penalt .
A legal voter o t e ty of Tigard is qualified to
sign a petition for the referendum, initiative or for any measure
on which h_. is entitled to vote. A person signing any name other
than his own to a petition, or knowingly signing his name more than
once for the same measure at one election, or who is not at the time
of signing the same a legal voter of the City of Tigard, or any
officer or other person violating any of the provisions of this
ordinance, shall upon conviction thereof be punished by a fine not
exceeding $50.00 or by imprisonment in the city jail not exceeding
d: 25 days, or by both such fine and imprisonment.
Section 15. Voting on Measure.
The manner BE voting upon measures submitted to the
legal voters shall be the same as now is o; may hereafter be ro-
vided by law. The votes on measures and charter amendments shall
be counted, canvassed and returned as votes for candidates are
counted, canvassed and returned.
Section 16. Result of Election.
measure shall e adopted if it receives an affirm-
ative majority of the total number of legal votes cast on such
measure and entitled to be counted thereon. If two or more laws
on the same subject or containing provisions that are conflicting,
a-e approved by the voters at the same election, only that measure
;receiving the greatest number of affirmative votes shall be adopted
and the Mayor shall proclaim the election results in this regard.
In cases of ordinances which have been passed by the Council and
voted upon by referendum, such ordinance shall continue in effect
or cease to be in effect, according to the results of such vote.
Section 17. E�mer�enc Clause.
nasmu�t ere exists no presently effective
ordinance of the City of Tigard providing for the carrying into
effect in the City of Tigard, Oregon, of the initiative and refer-
endum powers reserved to the people by the Constitution of Oregon,
an emergency is hereby declared to exist, and it is hereby further
declared to be necessary for the immediate preservation of the
peace, health and safety of the City of Tigard, ,Oregon, that this
ordinance become effective upon its passage by the Council and
signature by the Mayor.
9
v PASSED: By the City Council this 03 day of , 1962.
` APPROVED: By the Mayor thisay of1962.
Av i.
ATTEST:
/n Mayor, City of Tigard, Oregon
er,_, gar regon
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