ORDINANCE NO. 39

AN ORDINANCE TO PROVIDE THE CARRYING INTO EFFECT IN THE CITY OF SODAVILLE, LINN COUNTY, OREGON, THE INITIATIVE AND REFERENDUM POWERS RESERVED TO THE LEGAL VOTERS OF MUNICIPALITIES BY SECTION 1-A OF ARTICLE IV OF THE CONSTITUTION OF THE STATE OF OREGON, AND TO ENACT AND AMEND THEIR MUNICIPAL CHARTERS RESERVED TO LEGAL VOTERS OF CITIES AND TOWNS BY SECTION 2 OF ARTICLE XI OF THE CONSTITUTION OF THE STATE OF OREGON, AND PROVIDING FOR VIOLATION OF THIS ACT, AND DECLARING AN EMERGENCY.

The city of Sodaville ordains as follows:

Section 1.

The following shall be substantially the form of a petition for any ordinance or amendment to the charter proposed by the initiative.

WARNING

It is a felony for any one to sign any initiative or referendum petition with any other name other than his own, or to knowingly sign his name more than once for the same measure, or to sign such petition when he is not a legal voter.

INITIATIVE PETITION

To the Honorable __________.

Recorder for the city of Sodaville, Linn County, Oregon.

We, the undersigned, citizens and legal voters of the city of Sodaville, Linn County, Oregon, respectfully demand that the following proposed ordinance, (or amendment to the city charter) shall be submitted to the legal voters of the city of Sodaville, Linn County, Oregon, for their approval or rejection at the regular (or special) election to be held on the day of _____, 19__, and each for himself says:

I have personally signed this petition; I am a legal voter of the city of Sodaville, Linn County, Oregon, and my residence and street number are correctly written after my name.

Name Residence Street Number

_________________________________________

(Here follow 20 numbered lines for signatures)

Section 2.

The following shall be substantially the form of petition for referendum to the people of any ordinance passed by the city council.

WARNING

It is a felony for any one to sign any initiative or referendum petition with any other name than his own, or to knowingly sign his name more than once for the same measure, or to sign such petition when he is not a legal voter.

REFERENDUM PETITION

To the Honorable __________.

Recorder of the city of Sodaville, Linn County, Oregon.

We, the undersigned, legal voters of the city of Sodaville, Linn County, Oregon respectfully demand that Ordinance No. entitled (the title of ordinance on which the referendum is sought), passed by the council of the city of Sodaville at its meeting on the day of , 19 , shall be submitted to the legal voters of the city of Sodaville for their approval or rejection at the regular (or special) election to be held on the _____ day of _____ 19__ , and each for himself says:

I have personally signed this petition; I am a legal voter of the city of Sodaville, Linn County, Oregon, and my residence and street number are correctly written after my name.

Name Residence Street Number

_________________________________________

(Here follow 20 numbered lines for signatures)

Section 3.

Each and every sheet of every petition for either initiative or referendum containing signatures shall be verified on the back thereof in substantially the following form by the person who circulated such sheet of said petition by affidavit thereon as follows:

STATE OF OREGON )

County of Linn ) ss.

City of Sodaville )

I, __________, being first duly sworn, say that every person who signed this sheet of the foregoing petition, and each 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 of Sodaville.

___________________________

Subscribed and sworn to before me this _____ day of _____, 19__.

___________________________________________________

(signature and title of officer and his residence).

Section 4.

The forms herein given are not mandatory and if substantially followed in any petition it shall be sufficient, disregarding clerical and technical errors.

Section 5.

Not more than 20 signatures shall be signed to one 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 sheet circulated for signature, and such full and correct copy of the title and text shall be shown to the voter before his signature is attached.

Section 6.

The recorder of the city of Sodaville shall accept for filing any petition for the initiative or for the referendum, subject, to the verification of the number and genuineness of the signatures and voting qualifications of the person signing the same by reference to the registration books in the office of the county clerk of Linn County, and if a sufficient number of qualified voters be found to have signed said petition, he shall file same within 10 days after presentation thereof to him.

Section 7.

Initiative petitions for any proposed ordinance, charter amendment or measure shall be signed by a number of legal voters equal to 15 per cent of the votes cast for mayor at the last preceding municipal election. Referendum petitions against any ordinance or measure proposed by the city council shall be signed by a number of legal voters equal to 10 percent of the votes cast for mayor at the last regular preceding municipal election.

Section 8.

An amendment to the charter of the city of Sodaville, or a new charter, may be proposed and submitted to the legal voters thereof by resolution of the city council without an initiative petition; said resolution shall be filed with the recorder for submission not later than 15 days before the election at which it is to be voted upon, and no amendment to the charter shall be effective until it is approved by a majority of the votes cast thereon by the legal voters of said city.

Section 9.

Where an amendment to the charter of the city of Sodaville, or a new charter, may be proposed and submitted to the legal voters thereof by resolution of the city council without an initiative petition, the said resolution shall therein state the date of the regular municipal election, or the date of a special election at which said charter amendment or new charter will be submitted to be voted on.

Section 10.

When any measure for initiative or referendum legislation shall be filed by the recorder after the number and genuineness of signatures thereto, as provided by Section 6 supra, have been ascertained or when any resolution of the city council shall be filed with the recorder as provided in Section 8 herein, the recorder shall forthwith transmit to the attorney of said city a copy of such measure, who shall within two working days provide and return to the recorder a ballot title for such measure. The ballot title shall be printed with the number of the measure on the official ballot. In making such ballot title, said attorney shall to the best of his ability give a true and impartial statement of the purpose of the measure and in such language that the ballot title shall not be an argument for or liable to create prejudice against such measure. Any person who is dissatisfied with the ballot title provided by the said attorney for any such measure may, within two days after said ballot title is returned to the recorder, appeal to the council asking a different title and giving the reason therefor, and stating why the title prepared by the said attorney is improper; and the council shall by resolution approve the ballot title prepared by said attorney or shall by resolution prescribe another ballot title therefor; and the ballot title so approved or so prescribed by the council shall be the title placed upon the ballot. Such ballot title shall in no case exceed 100 words and shall not resemble insofar as possible any other ballot title filed for any Measure. The recorder of the city of Sodaville shall number such measures and ballot titles in the most convenient and consecutive manner. 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 designated "charter amendment submitted to the voters by the council."

Provided, however, that when the 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 submitted; and in the event of such provision being made by the council, the hereinabove provisions of this section relative to the filing of the measure with the city attorney, the preparation by said attorney of the ” ballot title therefor, and the appeal to the council from the ballot title so prepared shall not apply.

Section 11.

Where a special election is called either on petition for proposed ordinances or charter amendments by the initiative or for submitting ordinances by the referendum or charter amendments proposed by the council, the city recorder shall publish such proposed ordinances, referendum measures or charter amendments with the ballot title and number in full in the city official newspaper published in the city of Sodaville once each week for two successive and consecutive weeks within 30 days next preceding the special election at which such measures are to be voted on. A like rule as to publication shall be observed where any such measures are to be submitted at regular elections.

Section 12.

Legal voters of the city of Sodaville are qualified to sign a petition for the referendum or for the initiative for any measure which (they are) entitled to vote upon. Any 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, who is not at the time of signing the same a legal voter of the city of Sodaville, 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 $100. 00, or by imprisonment in the city jail not exceeding 30 days, or by both fine and imprisonment in the discretion of the municipal court.

Section 13.

The manner of voting upon measures submitted to the legal voters shall be the same as now is, or may hereafter be, provided by law. No measure shall be adopted unless it shall receive the affirmative 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 shall be approved by the voters at the same election, the measure receiving the greatest number of affirmative votes shall be proclaimed to be the law adopted.

Section 14.

The votes on measures and charter amendments shall be counted, canvassed and returned as votes for candidates are counted, canvassed and returned.

Section 15.

Where referendum petitions shall be signed by the required number of legal voters against any ordinance passed by the council same shall be filed with the recorder within 30 days after the passage and approval of the ordinance in question.

Whereas, it is necessary that certain proposed charter amendments providing for extension and improvements to the water system, and also sewer systems, and affecting the peace, health and safety of said city, be submitted to the voters thereof at as early a date as possible, and in order so to do it is necessary to enact this ordinance, now, therefore,

An emergency is hereby declared to exist and this ordinance shall immediately go into force and effect upon its adoption and approval.

Passed by the Council this 13 day of August, 1979.