Ordinance No. 95-09 CITY OF TIGARD, OREGON
ORDINANCE NO. 95-122—
AN ORDINANCE REPEALING THE CIT'Y'S CURRENT INITIATIVE AND
REFERENDUM PROCESS SS, OPTING STATE IAT PROVIDING FOR AN
WHEREAS,APPEAL
the City's current initiative and referendum process was adopted in 1962;and
WHEREAS,since the adoption of the City's initiative and referendum process, there have
been state laws adopted which control many parts of the process,such as forms,county filing
deadlines, ballot titles,etc.; and
WHEREAS, the City Council has reviewed the City's current initiative and referendum
process and found parts of it to be outdated or in conflict with state law; now, therefore:
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
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SECTION 1: Chapter 1.12 of the Tigard Municipal Code, entitled "Initiative and
Referendum', is hereby repealed.
SECTION 2: The Tigard Municipal Code is hereby amended by adding a new Chapter 1.12,
entitled"Initiative and Referendum", whichshall read as follows:
Chanter 12
INITIATIVE AND REFERF i Tlyi
1.12-010 Adoption of state law. Except as provided in this
chapter,the general laws of the;state concerning ,initiative and
referendum shall apply for any initiative or referendum of a city
measure.
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1.12.020 A-oneal of one subiect determination. Any elector
dissatisfied with a determination'of the city elections officer under
ORS 250.070(1)may petition the City Council seeking to overturn the
determination of the city elections officer. If the elector.is dissatisfied
with a determination than the ' initiative measure meets the
requirements of section 1' (2)(d), Article IST of `the Oregon
Constitution, the petition must be filed with the city elections officer'
not later than the seventh business day after the ballot title is filed
with the city elections officer. If the elector is dissatisfied with a
determination that the initiative measure does not meet the
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requirements of section i (2)(d), Article IV of the Oregon
Constitution, the petition must be filed with the city elections officer
not later than the seventh business day after the written determination
is made by the city elections officer. The review by the City Council
shall be the first and final review,and shall be conducted expeditiously
to insure th[e! orderly and timely circulation of the petition.
i rneanre. Any elector dissatisfied with a ballot title filed with the
city elections officer by the city attorney or the city governing body,
may petition the City Council seeldng a different title and stating the
reasons the title filed is insufficient,not concise or unfair. The petition
shall be filed with the city elections officer not later than the seventh
business day after the title is filed with the city elections officer. The
City Council shall review the title and measure to be initiated or
referred,hear arguments,if any,and certify to the city elections officer
a title for the measure which meets the requirements of CRS 250.035
and 250.039. The review by the City Council shall be the first and
final review,and shall be conducted expeditiously to insure the orderly
and timely circulation of the petition or conduct of the election at
which the measure is to be submitted to the electors.
SECUON 3: This ordinance shall be effective 30 days after its passage by the Council,
signature by the Mayor, and posting by the City Recorder.
PASSED: By �c-'�L i d vote of all Council members present after being read by
number and tie only, this day of 1995.
Catherine Wheatley, City Recorder
ARPROVED: By Tigard City Council this Dar y of 5-
3 ICOU, Mayor
Approved as to form:
City Attorn
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Date
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