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HomeMy WebLinkAboutOrdinance 1926ORDINANCE NO. ('9 2-t a AN ORDINANCE AMENDING CENTRAL POINT MUNICIPAL CODE 1.08 PERTAINING TO INITIATIVE AND REFERENDUM PROCEDURES WHEREAS, the initiative and referendum powers are reserved to the people by the terms of Article IV, section 1 of the Oregon Constitution as to both state and municipal legislation; and WHEREAS, Article IV, subsection 1(5) provides that municipalities such as the City of Central Point may provide for the manner of exercising the initiative and referendum powers to municipal legislation; NOW, THEREFORE, BE IT ORDAINED BY THE PEOPLE OF THE CITY OF CENTRAL POINT, OREGON, AS FOLLOWS: Section 1 Central Point Municipal Code Section 1.08 pertaining to initiatives and referendums, is hereby amended to read as follows: Chapter 1.08 INITIATIVES AND REFERENDUMS Sections: 1.08.010 Pr-eeed-wie State and Municipal Law - Applicability 1.08.020 Prospective Petition 1.08.030 Ballot Title; Appeal 1.08.040 Petition Requirements 1.08.050 Signature Requirements 1.08.060 Deposit Required 1.08.070 Voting on Measures 1.08.080 Notice of Election 1.08.010 State and Municipal Law - Applicabili V 1111 G1M4a � V Maly arara raaM u.aaa ra r.+v, aaraw�...ab . _ � r�rr��r��. A. In all matters relating to the procedure under the initiative or referendum not covered by this chapter, the City Charter and the laws of the State shall apply, except that the issuance and printing of the voters pamphlet shall not be required on the part of the City. 1.08.020 Prospective Petition A. No petition for initiative or referendum filed with the city shall be valid unless all chief petitioners are registered voters of Central Point 1- Ordinance No. 192-(C .(031209) at the time of filing and remain registered voters through the entire process, including the election... B. Prior to circulation for signatures of any petition, a prospective petition shall be filed with the City Recorder, together with a copy of the measure that it seeks to have submitted to the electors in accordance with Section 1.08.010. C. When a copy of a prospective petition for Initiative is filed in accordance with city and state law, the city recorder shall review it for the legal sufficiency of the form in which it appears. If the petition is in improper form, the city recorder shall advise the petition's proponent by certified mail of the defects in the form and how to make it proper. If the prospective petition is in proper form, the city recorder shall transmit a copy to the city attorney within six (6) business days for preparation of a ballot title; the original shall remain on file with the city recorder. D. After the city recorder receives a prospective referendum petition, two copies are forwarded to the city attorney for preparation of the ballot title. Once the chief petitioners have received written approval to circulate from the city recorder the chief petitioners may begin collecting signatures in accordance with state law. 1.08.030 Ballot Title. A. The ballot title and appeals process shall be in the form and manner required by the Secretary of State. B. Ballot measure numbers shall be assigned in accordance with the Jackson County Elections Office. 1.08.040 Petition Requirements. A. Prior to circulation, a petition must be in the form prescribed by the Secretary of State; a sample of the form is available in the office of the city recorder or the county clerk. B. After the ballot title for a measure has been determined, the petition may be circulated by the proponent among the registered voters of the city for signatures. C. The petition identification number will be assigned by the recorder. 1.08.050 Signature Requirements. A. The number of signatures required for an initiative petition is fifteen (15) percent of the registered voters in the City at the time the prospective petition is filed. B. The number of signatures required for a referendum petition is ten (10) percent of the registered voters in the City at the time the prospective petition is filed. C. No signature upon a petition may be counted unless a completed petition is filed with the city recorder for verification within one hundred (100) days of the date of the signature. D. When the required number of signatures has been obtained, the completed petition may be filed with the city recorder for verification according to the Jackson County Election Office. If the signatures are insufficient, the petition shall be returned to the chief petitioner. 1.08.060 Deposit Required. A. Any person or persons, organization or organizations presenting or offering any initiative or referendum petition for final filing shall, at the time of offering said petition, deposit with the city recorder either five hundred dollars ($500.00) cash or a certified check drawn to the order of the City of Central Point. 2 — Ordinance No. 19 VO (031209) The deposit shall be held by the city until after the election and, in case the referred or proposed measure is defeated at such election, the deposit will be used pay for election costs. If any balance remains after payment of such election expense, the balance shall be returned to the chief petitioner. In the event any such initiative or referendum measure is enacted at the election held, the entire amount of such deposit shall be returned to the chief petitioner, and the expenses of such election shall be paid from the general funds of the City. B. This provision is made for the purpose of preventing the depletion of City funds by elections on matters in which the public is not interested and which have no merit. 1.08.070 Voting on Measures. A. Except as provided in subsection (B) or unless an earlier special election is approved by Council, the time for voting on a measure shall be the next May or November regular or special election date more than 60 days after the measure qualifies for the ballot. A measure qualifies for the ballot when properly certified according to the laws of the Secretary of State, or when the city council has voted to submit an initiative or referendum to electors. B. The council may call an emergency election for a measure and set the date for it as provided by ORS 221.230. 1.08.080 Election Notice and Results. A. The city recorder shall give notice of all elections in accordance with the requirements of state law. B. The city recorder must certify the election results to the council at the first council meeting after the results are certified by the county clerk. C. A measure adopted by the electors takes effect 30 days after the election unless the measure expressly provides a different effective date. Section 2 This ordinance shall be effective 30 days after its passage by the City Council and signature of the Mayor. PASSF,D by the City Council and signed by me in authentication of its passage this 9,� day of Mayor Hank Williams ATTEST: City Representative Approved by me this ,4� L—Jayof 1�GwG , 2009. Mayor Hank Williams 3 -- Ordinance No. Q LSP (031209)