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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. } Page 1 - ORDINANCE N0. 6 -A V 44-, .. 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 Page 2 - ORDINANCE N0. 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. Page 3 - ORDINANCE NO. 6 2— d• 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 Page 4 OPWTNeNCE N0. 4 a 3 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 4 Page 5 - ORDINANCE NO. ��`"j