Ordinance 2019COUNCIL BILL NO. 1142
ORDINANCE NO. 2019
AN ORDINANCE IMPOSING A MOTOR VEHICLE FUEL TAX ON MOTOR VEHICLE
FUEL DEALERS, PROVIDING FOR ADMINISTRATION, ENFORCEMENT AND
COLLECTION OF THE TAX, AND IMI~DIATELY REFERRING SAID ORDINANCE
TO THE ELECTORS OF THE CITY OF WOODBURN.
WHEREAS, the State of Oregon grants municipal authority to
impose a motor vehicle fuel tax as adopted in Article IV, Section
3a of the Oregon Constitution; and
WHEREAS, the motor vehicle fuel tax revenue is exclusively
for reconstruction, improvement, repair, maintenance, operation
and use of public highways, roads and streets; and
WHEREAS, the Woodburn City Council recognizes the need of
street improvements and as such it has adopted via resolution the
City Capital Improvement Program defining those municipal street
projects targeted for improvement; and
WHEREAS, if old pavements are allowed to deteriorate and
not brought back to their original strength by preventative main-
tenance and resurfacing, then reconstruction of these streets
will be necessary at a future date, the cost of reconstruction is
much higher; and
WHEREAS, the Woodburn City Council recognizes the need for a
dedicated source of funding for those street projects; NOW,
THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. TITLE: This ordinance shall be known as the
"City of Woodburn Motor Vehicle Fuel Tax Ordinance".
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Section 2. Definitions.
the context requires otherwise:
As used in this ordinance, unless
(A) "Aircraft fuel" means any gasoline and other
inflammable or combustible gas or liquid by whatever name such as
gasoline, gas or liquid is known or sold, usable as fuel for the
operation of aircraft, except gas or liquid, the chief use of
which, as determined by the City is for purpose other than the
propulsion of aircraft.
(B} "Authorized Agent" any person or agency that has
been given authority to implement a portion of this ordinance.
(C) "City" means City of Woodburn, a municipal corpora-
tion of the State of Oregon.
(D) "Dealer" means any person who:
(1) Supplies or imports motor vehicle fuel for
sale, use or distribution in, and after the same reaches the
City, but "dealer" does not include any person who imports into
the City motor vehicle fuel in quantities of 500 gallons or less
purchased from a supplier who is permitted as a dealer hereunder
and who assumes liability for the payment of the applicable motor
vehicle fuel tax to the City; or
(2) Produces, refines, manufactures or compounds
motor vehicle fuels in the City for use, distribution or sale in
the City; or
(3) Acquires in the City for sale, use or
distribution in the City motor vehicle fuels with respect to
which there has been no municipal motor fuel tax previously
incurred.
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(E) "Motor Vehicle Fuel-Handler" means any person who
acquires or handles motor vehicle fuel within the City through a
storage tank facility with storage tank capacity that exceeds 500
gallons of motor vehicle fuel.
(F) "Distribution" means, in addition to its ordinary
meaning, the delivery of motor vehicle fuel by a dealer to any
service station or into any tank, storage facility or series of
tanks or storage facilities connected by pipelines, f rom which
motor vehicle fuel is withdrawn directly for sale or for delivery
into the fuel tanks of motor vehicles whether or not the service
station, tank or storage facility is owned, operated or con-
trolled by the dealer.
(G) "Highway" means every way, thoroughfare and place
of whatever nature, open for use of the public for the purpose of
vehicular travel.
(H) "Motor Vehicle" means all vehicles, engines or
machines, moveable or immovable, operated or propelled by the use
of motor vehicle fuel.
(I) "Motor Vehicle Fuel" means and includes gasoline,
diesel, mogas, methanol, and any other flammable or combustible
gas or liquid, by whatever name such gasoline, diesel, mogas,
methanol, gas or liquid is known or sold, usable as fuel for the
operation of motor vehicles, except gas, diesel, mogas, methanol,
or liquid, the chief use of which, as determined by the City, is
for purposes other than the propulsion of motor vehicles upon the
highways. Propane fuel and motor vehicle fuel used exclusively
as a structural heating source are excluded as a taxable motor
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vehicle fuel.
(J) "Person" includes every natural person, associa-
tion, firm, partnership, or corporation.
(K) "Service Station" means and includes any place
operated for the purpose of retailing and delivering motor
vehicle fuel into the fuel tanks of motor vehicles.
(L) "State" means State of Oregon.
Section 3. Tax Imposed. A motor vehicle fuel tax is
hereby imposed on every dealer operating within the corporate
limits of Woodburn. The City of Woodburn motor vehicle fuel tax
imposed shall be paid monthly to the City or to its authorized
agent.
(A) A person who is not a permitted dealer or
permitted motor vehicle fuel-handler shall not accept or receive
motor vehicle fuel in this City from a person who supplies or
imports motor vehicle fuel who does not hold a valid motor
vehicle fuel dealers permit in this City. If a person is not a
permitted dealer or permitted motor vehicle fuel-handler in this
City and accepts or receives motor vehicle fuel, the purchaser or
receiver shall be responsible for all taxes, interests and
penalties prescribed herein.
(B) A permitted dealer or fuel-handler who
accepts or receives motor vehicle fuel from a person who does not
hold a valid dealer or fuel-handler permit in this City, shall
pay the tax imposed by this Ordinance to the City or it's
authorized agent, upon the sale, use or distribution of the motor
vehicle fuel.
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Section 4. Amount and Payment.
(A) Subject to subsections (B) and (C) of this
section, by law, every dealer engaging in his own name, or in
the name of others, or in the name of his representatives or
agents in the City, in the sale, use or distribution of motor
vehicle fuel, shall:
(1) Not later than the 25th day of each calendar
month, render a statement to the City or to its authorized agent,
of all motor vehicle fuel sold, used or distributed by him in the
City as well as all such fuel sold, used or distributed in the
City by a purchaser thereof upon which sale, use or distribution
the dealer has assumed liability for the applicable motor vehicle
fuel tax during the preceding calendar month.
(2) Pay a motor vehicle fuel tax computed on the
basis of one (1.0) cent per gallon of such motor vehicle fuel so
sold, used or distributed as shown by such statement in the
manner and within the time provided in this ordinance.
(B) In lieu of claiming refund of the tax as
provided in Section 20, or of any prior erroneous payment of
motor vehicle fuel tax made to the City by the dealer, the
dealer may show such motor vehicle fuel as a credit or deduction
on the monthly statement and payment of tax.
(C) The motor vehicle fuel tax shall not be
imposed wherever it is prohibited by the Constitution or laws of
the United States or of the State of Oregon.
Section 5. Permit Requirements. No dealer or fuel-
handler, shall sell, use or distribute any motor vehicle fuel
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until he has secured a dealer or fuel-handler permit as required
herein.
Section 6. Permit Applications and Issuance.
(A) Every person, before becoming a dealer or fuel-
handler in motor vehicle fuel in this City shall make an applica-
tion to the City or its duly authorized agent, for a permit auth-
orizing such person to engage in business as a dealer or fuel-
handler.
(B) Applications for the permit must be made on forms
prescribed, prepared and furnished by the City, or its duly
authorized agent.
(C) The applications shall be accompanied by a duly
acknowledged certificate containing:
(1) The business name under which the dealer or
fuel-handler is transacting business.
(2) The place of business and location of
distributing stations in the City and in areas adjacent to the
City limits in the State of Oregon.
(3) The name and address of the managing agent,
the names and addresses of the several persons constituting the
firm or partnership and, if a corporation, the corporate name
under which it is authorized to transact business and the names
and addresses of its principal officers and registered agent, as
well as primary transport carrier.
(D) The application for a motor vehicle fuel dealer or
fuel-handler permit having been accepted for filing, the City or
its authorized agent, shall issue to the dealer or fuel-handler a
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permit in such form as the City or its duly authorized agent may
prescribe to transact business in the City. The permit so issued
is not assignable, and is valid only for the dealer or fuel-
handler in whose name issued.
(E) The City Recorders Office shall keep on file a
copy of all applications and/or permits.
(F ) No f ee (s ) shal l be charged by the City for
securing said permit as described herein.
Section 7. Failure to Secure Permit.
(A) If any dealer sells, distributes or uses any motor
vehicle fuel without first filing the certificate and securing
the permit required by Section 6, the motor vehicle fuel tax
shall immediately be due and payable on account of all motor
vehicle fuel so sold, distributed or used.
(B) The City shall proceed forthwith to determine,
from the best available sources, the amount of such tax, and it
shall assess the tax in the amount found due, together with a
penalty of 200 percent of the tax, and shall make its certificate
of such assessment and penalty, determined by City Administrator
or the City's duly authorized agent. In any suit or proceeding
to collect such tax or penalty or both, the certificate is prima
facie evidence that the dealer therein named is indebted to the
City in the amount of the tax and penalty therein stated.
(C) Any fuel-handler who sells, handles, stores,
distributes, or uses any motor vehicle fuel without first filing
the certificate and securing the permit required by Section 6,
shall be assessed a penalty of $250.00, determined by the City
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Administrator or the City's duly authorized agent. In any suit
or proceeding to collect such penalty, the certificate is prima
facie evidence that the fuel-handler therein named is indebted to
the City in the amount of the penalty therein stated.
(D) Any tax or penalty so assessed may be collected in
the manner prescribed in Section 11 with reference to delinquency
in payment of the tax or by Court action.
Section 8. Revocation of Permit. The City or its
authorized agent shall revoke the permit of any dealer or fuel-
handler refusing or neglecting to comply with any provision of
this Ordinance. The City or its authorized agent shall mail by
certified mail addressed to such dealer or fuel-handler at his
last known address appearing on the files, a notice of intention
to cancel. The notice shall give the reason for the cancella-
tion. The cancellation shall become effective without further
notice if within 10 days from the mailing of the notice the
dealer or fuel-handler has not made good its default or delin-
quency.
Section 9. Cancellation of Permit
(A) The City or its authorized agent may, upon written
request of a dealer or fuel-handler cancel any permit issued to
such dealer or fuel-handler, the cancellation to become effective
30 days from the date of receipt of the written request.
(B) If the City or its authorized agent ascertains and
finds that the person to whom a permit has been issued is no
longer engaged in the business of a dealer or fuel-handler, the
City or its authorized agent may cancel the permit of such dealer
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or fuel-handler upon investigation after 30 days' notice has
been mailed to the last known address of the dealer or fuel-
handler.
Section 10. Remedies cumulative. Except as otherwise
provided in Sections 11 and 13, the remedies provided in Sections
7, 8, and 9 are cumulative. No action taken pursuant to those
sections shall relieve any person from the penalty provisions of
this Ordinance.
Section 11. Payment of Tax and Delinquency.
(A) The motor vehicle fuel tax imposed by Sections 3
and 4 shall be paid on or before the 25th day of each month to
the City or its authorized agent which, upon request, shall
receipt the dealer or fuel-handler therefor.
(B) Except as provided in subsection (D) of this
Section, to any motor vehicle fuel tax not paid as required by
subsection (A) of this Section, there shall be added a penalty of
one percent (1.0%) of such motor vehicle fuel tax.
(C) Except as provided in subsection (D) of this
Section, if the tax and penalty required by subsection (B) of
this section are not received on or before the close of business
on the last day of the month in which the payment is due, a
further penalty of ten percent (10.0%) shall be paid in addition
to the penalty provided for in subsection (B) of this Section.
(D) If the City or its authorized agent, determines
that the delinquency was due to reasonable cause and without any
intent to avoid payment, the penalties provided by subsections
(B) and (C) of this Section may be waived. Penalties imposed by
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this Section shall not apply when the penalty provided in Section
7 has been assessed and paid.
(E) If any person fails to pay the motor vehicle fuel
tax or any penalty provided for by this Ordinance, the amount
thereof shall be collected from such person for the use of the
City. The City shall commence and prosecute to final determina-
tion in any court of competent jurisdiction an action to collect
the same.
(F) In the event any suit or action is instituted to
collect the motor vehicle fuel tax or any penalty provided for by
this ordinance, the City shall be entitled to recover from the
person sued reasonable attorney's fees at trial or upon appeal of
such suit or action, in addition to all other sums provided by
law.
(G) No dealer who collects from any person the tax
provided for herein, shall knowingly and willfully fail to report
and pay the same to the City or its authorized agent, as required
herein.
Section 12. Monthly Statement of Dealer and Fuel-Handler.
Every dealer and fuel-handler in motor vehicle fuel shall render
to the City or its authorized agent, on or before the 25th day of
each month, on forms prescribed, prepared and furnished by the
City or its authorized agent, a signed statement of the number of
gallons of motor vehicle fuel sold, distributed, used, or stored
by him during the preceding calendar month. The statement shall
be signed by the permit holder. All statements as required in
this section are public records.
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Section 13. Failure to File Monthly Statement. I f a n y
dealer or fuel-handler fails to file the report required by
Section 12, the City or its authorized agent, shall proceed
forthwith to determine from the best available sources the amount
of motor vehicle fuel sold, distributed, used or stored by such
dealer or fuel handler for the period unreported, and such
determination shall be prima facie evidence of the amount of such
fuel sold, distributed, used, or stored. The City or its
authorized agent, immediately shall assess the motor vehicle fuel
tax in the amount so determined, as pertaining to the reportable
dealer, adding thereto a penalty of 10 percent for failure to
report. Fuel-handlers failing to file a monthly statement of
motor vehicle fuel shall be assessed a penalty of $50.00. The
penalty shall be cumulative to other penalties provided in this
Ordinance. In any suit brought to enforce the rights of the City
under this section, the above determination showing the amount of
tax, penalties and costs unpaid by any dealer or fuel-handler and
that the same are due and unpaid to the City or its authorized
agent is prima facie evidence of the facts as shown.
Section 14. Billing Purchasers. Bills shall be rendered
to all purchasers of motor vehicle fuel by dealers in motor
vehicle fuel. The bills shall separately state and describe to
the satisfaction of the City or its authorized agent the dif-
ferent products shipped thereunder and shall be serially numbered
except where other sales invoice controls acceptable to the City
or its authorized agent are maintained.
The bills required hereunder may be the same as those required
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under ORS 319.210.
Section 15. Failure to Provide Invoice or Delivery Tag.
No person shall receive and accept any shipment of motor vehicle
fuel from any dealer, or pay for the same, or sell or offer the
shipment for sale, unless the shipment is accompanied by an
invoice or delivery tag showing the date upon which shipment was
delivered and the name of the dealer in motor vehicle fuel.
Section 16. Transporting Motor Vehicle Fuel in Bulk.
Every person operating any conveyance for the purpose of hauling,
transporting or delivering motor vehicle fuel in bulk shall,
before entering upon the public highways of the City with such
conveyance, have and possess during the entire time of his
hauling or transporting such motor vehicle fuel an invoice, bill
of sale or other written statement showing the number of gallons,
the true name and address of the seller or consignor, and the
true name and address of the buyer or consignee, if any, of the
same. The person hauling such motor vehicle fuel shall at the
request of any officer authorized by the City to inquire into or
investigate such matters, produce and offer for inspection the
invoice, bill of sale or other statement.
Section 17. Exemption of Export Fuel.
(A) The license tax imposed by Sections 3 and 4 shall
not be imposed on motor vehicle fuel:
(1) Exported from the City by a dealer; or
(2) Sold by a dealer in individual quantities of
500 gallons or less for export by the purchaser to an area or
areas outside the City in containers other than the fuel tank of
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a motor vehicle, but every dealer shall be required to report
such exports and sales to the City or its authorized agent in
such detail as may be required.
(B) In support of any exemption from motor vehicle
fuel taxes claimed under this section other than in the case of
stock transfers or deliveries in his own equipment, every dealer
must execute and file with the City or its authorized agent an
export certificate in such form as shall be prescribed, prepared
and furnished by the City or its authorized agent, containing a
statement, made by some person having actual knowledge of the
fact of such exportation, that the motor vehicle fuel has been
exported from the City, and giving such details with reference to
such shipment as may be required. The City or its authorized
agent may demand of any dealer such additional data as is deemed
necessary in support of any such certificate, and failure to
supply such data will constitute a waiver of all right to
exemption claimed by virtue of such certificate. The City or its
authorized agent may, in a case where it believes no useful
purpose would be served by filing of an export certificate, waive
the certificate.
(C) Any motor vehicle fuel carried from the City in
the fuel tank of a motor vehicle shall not be considered as
exported from the City.
(D) No person shall, through false statement, trick or
device, or otherwise, obtain motor vehicle fuel for export as to
which the City motor vehicle fuel tax has not been paid and fail
to export the same, or any portion thereof, or cause the motor
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vehicle fuel or any portion thereof not to be exported, or divert
or cause to be diverted the motor vehicle fuel or any portion
thereof to be used, distributed or sold in the City and fail to
notify the City or its authorized agent and the dealer from whom
the motor vehicle fuel was originally purchased of his act.
(E) No dealer or other person shall conspire with any
person to withhold from export, or divert from export or to
return motor vehicle fuel to the City for sale or use so as to
avoid any of the fees imposed herein.
(F) In support of any exemption from taxes on account
of sales of motor vehicle fuel in individual quantities of 500
gallons or less for export by the purchaser, the dealer shall
retain in his files for at least three years an export certifi-
cate executed by the purchaser in such form and containing such
information as is prescribed by the City or its authorized agent.
This certificate shall be prima facie evidence of the exportation
of the motor vehicle fuel to which it applies only if accepted by
the dealer in good faith.
Section 18. Sales to Armed Forces Exempted.
The motor vehicle fuel tax imposed by Sections 3 and 4 shall not
be imposed on any motor vehicle fuel sold to the Armed Forces of
the United States for use in ships, aircraft or for export from
the City; but every dealer shall be required to report such sales
to the City or its authorized agent, in such detail as may be
required. A certificate by an authorized officer of such Armed
Forces shall be accepted by the dealer as sufficient proof that
the sale is for the purpose specified in the certificate.
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Section 19. Fuel in Vehicles Coming Into City Not Taxed.
Any person coming into the City in a motor vehicle may transport
in the fuel tank of such vehicle motor vehicle fuel for his own
use only and for the purpose of operating such motor vehicle
without securing a license or paying the tax provided in Sections
3 and 4, or complying with any of the provisions imposed upon
dealers herein, but if the motor vehicle fuel so brought into the
City is removed from the fuel tank of the vehicle or used for
any purpose other than the propulsion of the vehicle, the person
so importing the fuel into the City shall be subject to all
provisions herein applying to dealers.
Section 20. Refunds. Refunds will be made pursuant to
ORS. 319.280 to 319.320.
Section 21. Examinations and Investigations. The City,
or its duly authorized agent, may make any examination of
accounts, records, stocks, facilities and equipment of dealers,
fuel-handlers, service stations and other persons engaged in
storing, selling or distributing motor vehicle fuel or other
petroleum products within this City,and such other investigations
as it considers necessary in carrying out the provisions of this
ordinance. If the examinations or investigations disclose that
any reports of dealers or other persons theretofore filed with
the City or its authorized agent pursuant to the requirements
herein, have shown incorrectly the amount of gallons of motor
vehicle fuel distributed or the tax accruing thereon, the City or
its authorized agent may make such changes in subsequent reports
and payments of such dealers or other persons, or may make such
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refunds, as may be necessary to correct the errors disclosed by
its examinations or investigations.
Section 22. Limitation on Credit for or Refund of
Overpayment and on Assessment of Additional Tax.
(A) Except as otherwise provided in this ordinance,
any credit for erroneous overpayment of tax made by a dealer
taken on a subsequent return or any claim for refund of tax
erroneously overpaid filed by a dealer must be so taken or filed
within three years after the date on which the overpayment was
made to the City or to its authorized agent.
(B) Except in the case of a fraudulent report or
neglect to make a report, every notice of additional tax proposed
to be assessed under this ordinance shall be served on dealers
within three years from the date upon which such additional taxes
become due.
Section 23. Examining Books and Accounts of Carrier of
Motor Vehicle Fuel The City or its duly authorized agent may at
any time during normal business hours examine the books and
accounts of any carrier of motor vehicle fuel operating within
the City for the purpose of checking shipments or use of motor
vehicle fuel, detecting diversions thereof or evasion of taxes
in enforcing the provisions of this ordinance.
Section 24. Records to be Kept by Dealers and Fuel-
Handler.
Every dealer and fuel-handler in motor vehicle fuel shall keep a
record in such form as may be prescribed by the City or its
authorized agent of all purchases, receipts, sales and distribu-
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tion of motor vehicle fuel. The records shall include copies of
all invoices or bills of all such sales and purchases, and shall
at all times during the business hours of the day be subject to
inspection by the City or its authorized officers or agents.
Section 25. Records to be Kept Three Years.
Every dealer and fuel-handler shall maintain and keep, for a
period of three years, all records of motor vehicle fuel used,
sold and distributed within the City by such dealer or fuel-
handler, together with stock records, invoices, bills of lading
and other pertinent papers as may be required by the City or its
authorized agent. In the event such records are not kept within
the State of Oregon, the dealer shall reimburse the City or its
duly authorized agents for all travel, lodging, and related
expenses incurred in examining such records. The amount of such
expenses shall be an additional tax imposed hereunder.
Section 26. Use of Tax Revenues.
(A) The City Administrator shall be responsible for
the disposition of the revenue from the tax imposed by this
ordinance in the manner provided by this section.
(B) For the purposes of this section, net revenue
shall mean the revenue from the tax imposed by this ordinance
remaining after providing for the cost of administrating the
motor vehicle fuel tax to motor vehicle fuel dealers and any
refunds and credits authorized herein. The program administration
costs of revenue collection and accounting activities shall not
exceed 10.5% for the first year, and 10% thereafter, of annual
tax revenues.
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(C) The net revenue shall be used only for the
activities related to the reconstruction, improvement, repair,
and maintenance of public highways, roads and streets within the
City of Woodburn.
Section 27. Administration The City Administrator or his
designate is responsible for administering this ordinance. In
addition the City administrator may enter into an agreement
with the Motor Vehicle Division of the Department of Transporta-
tion as an authorized agent for the implementation of certain
sections of this ordinance.
Section 28 . Separability. I f a n y p o r t i o n o f t h i s
ordinance is for any reason held invalid or unconstitutional by a
court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding
shall not affect the validity of the remaining portions of this
ordinance.
Section 29. Voter Referral. This ordinance shall be
referred to the electors of the City of Woodburn at the May 16,
1989, special election. A copy of the ballot measure for this
referral is attached hereto and by this reference incorporated
herein.
Section 30. Emergency Clause for Voter Referral. An emer-
gency is declared to exist in regard to the referral of this
matter to the voters and Section 29 of this ordinance shall take
effect immediately upon passage by the Council and approval by
the Mayor.
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Section 31. Effective Date for Remainder of Ordinance.
Excepting Section 29 regarding voter referral, the permit
requirements imposed by this ordinance shall commence June 1,
1989, and the taxation imposed by this ordinance shall commence
July 1, 1989, upon approval of a majority of the electors of the
City of Woodburn voting at the special election of May 16, 1989.
Approved as to form ~ ~~~~~~~~~~----~- ~~ ~ ~ l
City Attorney Date
APPROVED
NANCY , YOR
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
`~, _.
ATTEST /~~~'~ /~ :~R.~~~~~_ a ~ ., ._
MARY T~A~hfANT, DEPUTY ~'tECORDER
City of Woodburn, Oregon
April 10, 1989
April 11, 1989
it 11, 1989
ril 11, 1989
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SPECIAL t~iUNICIPAL ELECTION
CITY OF WOODQURN
Marion County, Oregon
Play 16, 1989
Submitted to the Voters by the City Council
REFEP,RAL OF ORDINAPJCE IP•iPOSING ~10TOR VEHICLE FUEL TAX
QUESTION: Shall the City of Woodburn adopt an ordinance imposing a motor
vehicle fuel tax?
EXPLANATION: The proposed ordinance imposes a tax on motor vehicle
fuel dealers of one (1.0) cents per gallon on motor vehicle
fuel sold, used, or distributed within the City of Loodburn.
The net revenue collected by this tax shall be used only
for activities related to reconstruction, improvement,
repair, and maintenance of public highways, roads, and
streets within the City of t-doodburn.
VOTE "YES" OR "NO"
P1ark a cross (X) or check r~ark (~) in the square of your choice
] Yes, I vote in favor of the tax ordinance.
~ ] rdo, I vote against the tax ordinance.