Ord 1723J
COUNCIL BILL N0. 590
ORDINANCE N0. 1723
AN ORDINANCE PROPOSING AN AMENDMENT TO THE CHARTER OF THE CITY OF WOODBURN
RELATING TO PROCEDURES FOR INITIATIVE AND REFERENDUM PETITIONS; PROVIDING
THAT SUCH AMENDMENT BE SUBMITTED TO THE LEGAL ELECTORS AT A CITY ELECTION TO
BE HELD NOVEMBER=4, 1980; AND DECLARING AN EMERGENCY.
THE PEOPLE OF THE CITY OF WOODBURN DO ORDAIN:
Section 1. That the Common Council of the City of Woodburn hereby
propose an amendment to the Charter of said city amending said Charter by
amending Chapter IV, Section 10 and 14, by repealing said sections in their
entirety and by substituting therefor the following language as set forth in
Exhibit A, attached hereto and by reference incorporated herein.
Section 2. That the above proposed Charter amendments shall be
submitted to the legal electors of the city of Woodburn at a general election
to be held November 4, 1980, in the city of Woodburn.
Section 3. That the form in which the question shall be submitted to
the electors of the city on the official ballot for the election shall be as set
forth in Exhibit B, attached hereto and by reference incorporated herein.
Section 4. This ordinance being necessary for the immediate preserva-
tion of the public peace, health and safety, in that this ordinance must be
promptly submitted to the c~un~ty clerk to meet legal deadlines and that the public
interest requires an early opportunity for the public to vote on the proposed
charter amendments contained herein, an emergency is declared to exist and this
ordinance shall take effect immediately upon passage by the Council and approval
by the Mayor.
1 f ,..,....~..~.~
APPROVED: ' /~r'. ~' ~ .~"
LTER LAS ,MAYOR
Page 1 - COUNCIL BILL N0. 590
ORDINANCE N0. 1723
Passed by the Council
Submitted to the f~ayor
Approved by the h~ayor
Filed in the Office of the Recorder
.l
4
ATTEST ~,~,~~.
B RNEY 0.~ R , RECORDER
City of waodburn, Oregon
Aug ust 18, 1980
Au gust 19, 1980
Aug ust 19, 1980
Aug ust 19, 1980
Page 2 - COUNCIL BILL N0~ 590
ORDINANCE ~JO. 1723
Exhibit A
Woodburn Charter
Section 10. Initiative and Referendum Petitions.
1} Referendum petitions against any ordinance, franchise, or
resolution passed by the city council and initiative petitions shall be
signed by not less than 10 percent of the voters of the city of Woodburn,
and signatures shall be verified in the manner herein provided. The
petition shall be filed with the city recorder within 30 days after the
passage of such ordinance., resolution, or franchise. No city ordinance,
resolution, or franchise shall take effect or become operative until
30 days after its passage by the council and approval by the mayor, unless
the same shall be passed over his veto, and in that case it shall not
take effect and become operative until 30 days after its final passage,
except measures necessary for the immediate preservation of the peace,
health, or safety of the city; and no such emergency measure shall become
immediately operative unless it shall state, in a separate section, the
reason why it is necessary that it should become immediately operative,
and shall be approved by a majority of all the members elected to the
city council. taken by ayes and nays, and also be approved by the mayor.
2} Before circulating a petition to initiate or refer a city
measure, the petitioner shall file with the city recorder a prospective
petition. The city recorder immediately shall date and time stamp the
prospective petition and specify the form on which the petition shall be
printed for circulation. The city recorder shall retain the prospective
petition.
3) An initiative or referendum petition shall designate the
name and address of not more than three persons as chief petitioners.
The cover of a referendum petition shall contain the title described in
subsection (5} of this section. If the circuit court has not reviewed the
ballot title under subsection (9} of this section, the cover of an initia-
tive petition shall contain the ballot title described in subsection (7}
If the circuit court has reviewed the ballot title, the cover of the
initiative petition shall contain the title certifed by the court. Each
sheet of signatures on an initiative petition shall contain the caption
of the ballot title. Each sheet of signatures on a referendum petition
shall contain the number of the ordinance or resolution to be referred,
if any, and the date it was adopted by the common council. Each sheet
of signatures shall be attached to a full and correct copy of the measure
to be initiated or referred.
4} Not more than 20 signatures on each sheet of the initiative
or referendum petition shall be counted. Each Signature sheet shall be
verified on its face by the signed statement of the circulator that the
individuals signed the sheet in the presence of the circulator and that
the circulator believes each individual is an elector registered in the
city.
Page 1 - Exhibit A
Woodburn Charter
5} Preparation of ballot title for certain measures. When a
prospective petition of a city measure to be referred is filed with the
city recorder, the city recorder shall authorize the circulation of the
petition containing the title of the measure as enacted by the common
council, or if there is no title, the title supplied by the petitioner
filing the prospective petition. The city recorder immediately shall
send two copies of the prospective petition to the city attorney.
6} When a prospective petition fora city measure to be initiated
is filed with the city recorder, the city recorder immediately shall send
two copies of it to the city attorney.
7} Not later than the fifth day after receiving the copies of
the prospective petition, the city attorney shall provide a ballot title
for the city measure to be initiated or referred and return one copy of
the prospective petition and the ballot title to the city recorder. Unless
the circuit court certifies a different title, this ballot title shall be
the title printed on the ballot.
8} A copy of the ballot title shall be furnished to the chief
petitioner.
9} Any person dissatisfied with a ballot title filed with the
city recorder by the city attorney or the common council, may petition
the circuit court of the judicial district in which the city is located
seeking a different title and stating the reasons the title filed with
the court is insufficient or unfair. The petition must be filed not later
than the 20th day after the title is filed with the city recorder. The
court shall review the title and measure to be initiated or referred,
hear arguments, if any, and certify to the city recorder a title for the
measure.
10) The review by the circuit court shall be the first and final
review, and shall be conducted expeditously to insure the orderly and
timely circulation of the petition or conduct of the election at which
the measure is to be submitted.
11} The common Council may prepare ballot titles for certain
measures. When the common council refers a measure to the people, a
ballot title for the measure may be prepared by the council. The ballot
title shall be filed with the city recorder.
12} If the title is not prepared under subsection (2} of this
section, when the measure is filed with the city recorder, the recorder
shall send two copies to the city attorney. Not later than the fifth day
after receiving the copies the city attorney shall provide a ballot title
for the measure, and send a copy of it to the common council and the city
recorder.
Page 2 - Exhibit A
Exhibit A
Woodburn Charter
Section 14. The fallowing shall be substantially the form for the
initiative petition for any ordinance, amendment to any ordinance, or
amendment to the charter of the city of Woodburn.
Form for Initiative Petition
To the honorable recorder of the city of Woodburn:
We, the undersigned citizens and legal voters of the state of Oregon
and of the city of 4~oodburn, respectfully demand that the following
proposed ordinance for amendment to the charter, or amendment
to the ordinance, as the case may be) shall be submitted to the
legal voters of the. city of Woodburn for their approval or rejection
at the regular general election for special election, as the case
may be) to be held on the day of 19 •
each for himself says: I have personally signed this petition;
I am a legal voter of the state of Oregon and of the city of ulood-
burn; my residence and post office are correctly written after my
name.
Street
Name Residence
Here follow 20 numbered lines for signatures.
Post
Office
All petitions for the initiative and for the referendum and sheets for
signatures shall be printed on pages seven inches in width by 10 inches
in length, with a margin of one and three-fourths inches at the top of
binding. When any such initiative or referendum petition shall be
offered for filing, the recorder, in the presence of another city off-
icial and the person offering the same for filing shall count the signa-
tures and affidavits.
If any such measure shall, at the ensuing election, be approved by the
people, then the petitions, and a~certified copy of the mayor's proclama-
tion declaring the same to have been approved by the people, shall be
bound together in such form that they may be conveniently identified
and preserved. The recorder shall cause every such measure so approved
by the people to be entered in the ordinance book, with the date of the
mayor's proclamation declaring the same to have been approved by the
people. Any ordinance, passed and approved by the people shall not be
repealed by the council.
Page 3 - Exhibit A
~YUTRTT R
MUNICIPAL ELECTION FOR THE CITY OF WOODBURN, OREGON
NOVEMBER 4, 1980
MEASURE #S2
BALLOT TITLE: Charter Amendment regarding procedures for Initiative
and Referendum Petitions,
gUESTION: Shall the City Charter be amended to adopt newly enacted
state law ballot title requirements and clarify initiative
procedures?
PURPOSE: The proposed changes affect Woodburn Charter, Charpter IU,
Sections 10 and 14. The change in Section 10 clarifies
the requirement that lOl of the voters sign an initiative
petition.
The additions in Sections 10 and 14 adopts much of new state
laws requiring the city attorney to prepare ballot titles
for initiative and referendum petitions.
Provision for circuit court review of ballot titles at
petitioner`s request is also proposed.
VOTE "YES" OR "~d0"
Mark a cross ~X~ or a check mark ~~ in the square of your choice
~] Yes, I vote in favor of the charter amendment
D No, I vote against the charter amendment
I, BARNEY 0. BURRIS, Recorder of the City of Woodburn, do
hereby certify that I caused to be posted three copies of
Ordinance No. 1723, one of which said copies posted in the
City Ha11 on the bulletin board opposite the entrance to
the Recorder"s Office, in full view of the traveling public;
a second one of said copies posted on the Woodburn Public
Library bulletin board at 280 Garfield Street, i n f u11 view
of the traveling public; a third one of said copies posted
on the Community Center bulletin board at 491 N. Third St.,
in full view of the traveling public; that all of said
paces are public places within the corporate limits of the
City of Woodburn and all of said copies were pasted on the
Zl ~`~ day of C~b~~- , ] 980.
'~ ~-~ ~.
~`arney O. urris, Recorder
City of Woodburn, Oregon