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Home My WebLink About11/09/1993 INITIATIVEJuly 27, 1993 MAYOR GOLDEN AND ASHLAND CITY COUNCILORS NAN FRANKLIN, CITY RECORDER -"~~-_~_~ INITIATIVE PETITION The initiative petition, "REPEALS FOOD AND BEVERAGE TAX", circulated by Curtis Hayden, was filed with signatures in the City Recorder's office on July 1 and July 21, 1993. It was taken to the Jackson County Election Department on the above dates for signature verification. The County Election Deparment has verified 1480 signatures. (1441 are required for the necessary 15% to place an initiative measure on the ballot). As required by ORS 250.325 (copy attached), I am required to file the initiated measure with the governing body at its next meeting. The ballot title, prepared by the City Attorney, is also attached. 250.275 Preparation of ballot title for :sin measures; notice. (1) When a pro- .tire petition for a city measure to be re- :d is filed with the city elections officer, officer shall authorize the clrculation of petition containing the title of the mess- as enacted by the city governing body or, ~crc is no title, the title supplied by the ;loner filing the prospective petition. The elections officer immediately shall send copies of the prospective petition to the attorney. 2) Not. later than the sixth business day · a prospective petition for a city mess- to bc initiated is filed with the city .ions officer, the officer shall send two 's of it to the city attorney if the mcos- :o bc initiated has been determined to be )mpliance with section 1 (2)(d), Article .f the Oregon. Constitution, as provided RS 250.270. ' 3) Not later than the fifth business day receiving the copies of the prospective ion, the city attorney shall provide a t title for the city measure to be initl- ot referred and return one copy of the ,ective petition and the ballot title to · ity elections officer. Unless the circuit certifies a different title, this ballot ti- ~all be the title printed on the ballot. t) A copy of the ballot title shall be fur- d to the chief petitioner. ;) The city elections officer, upon re- ~g a ballot title for a city measure to be ~ed or initiated from the city attorney ;y governing body, shall publish in the available edition of a newspaper of fen: Jistribution in the city a notice of re- of the ballot title including notice that ~ctor may file a petition for review of allot title not later than the date re- to in ORS 250.296. 1~97.0 c.190 ]8; 19;~7 c.707 §9a; 1991 c.719 8221 0.285 City governing body may pro- ballot titles for certain measures, (1) the city governing body refers a mess- the people, a ballot title for the incas- ay be prepared by the body. The ballot hall be filed with the city elections of- If' the title is not prepared under sub- (1) of this section, when the measure with thb city elections officer, the shah send two copies to the city at- · ~0.295 11971 c.767 §2; 1979 c.190 §:195; renumbered l~q.1301 250.296 Procedure for elector dissatis- fied with title of city measure. (1) Any elector dissatisfied with a ballot title filed with the city elections officer by the city at- torney or the city governing body, may peti- tion the circuit court of the judicial district in which the city is located seeking a differ- ent title and stating the reasons the title filed with the court is insafficient, not con- cise or antifir. The petition must be filed not later than the seventh business day after the title is filed with the city elections officer. The court shall review the title and measure to be initiated or referred, hear arguments, if any, and ccrtif,., to the city elections officer a .title for the measure which meets the rc- qulrements of ORS. 250.035 and 250.039. (2) The review by the circuit court shall be the fii-st and final review, and shall be condactcd expeditiously to i,~su,'c tile orderly and timely circulation of the petition or con- duct of the election at which the measure is to be submitted to the electors. 1983 c.514 §9b; 19.~7 ¢.707 210; 19,~9 c...~03 250.300 JAmended by 1979 c.190 §3.96; renumbered 188.3101 250.305 Signature requirements. (1) A petition to refer a city measure must be signed by not less than 10 percent of the electors registered in the city at the time the prospective petition is filed. The petition must be filed with the city elections officer not later than the 30th day after adoption of the city legislation sought to be referred. .(2) A petition to initiate a city measure must be signed by not less than 15 percent of the electors registered in the city at the time the prospective petition is filed. 11979 c.190 §167; 19~;3 c.350 267; 19.~:9 c.251 81] 250.310 JAmended by 1955 c.72G 81; 1957 c. G0$ §137; 1959 c.317 §3; 1951 c.l14 211; repealed i,y 1979 c.190 2431] 250.315 Filing otTicer; filing require- ments; signature verification, (1) An initi- ative or rc£ercndum petition relating to a city measure shall bc filed with the city elections officer for signature verification. The filed petition shall contain only original signatures. (2) An initiative or referendum petition relating to a city measure shall not be ac- cepted for filing if it contains ]ess than 100 percent of the required number of signatures. than tile required number of signatures un- less two separate sampling processes both establish that the petition lacks the required number of signatures, The second sampling must contain a larger number of signatures than the first sampling. (4) The Secretary of State may employ professional assistance to determine the sampling technique referred to in subsection (3) of this section. [1979 c.190 §168; 19~;9 c.6a 88; 1991 c.580 §31 250.320 }Jlepealed by 1957 c.508 8231] _ 250.325 Procedure following filing of, initiative petition. (1) If' an initiative peti- tion contains tile required number of verified signatures, the city elections officer shall file the initiated measure xvith the city governing body at its next meeting. (2) The governing body, not later than the 30th day after the measm'e is filed with it, may adopt or reject the measure unless the measure is reqt, ired to be st,bmittcd to city electors under the city charter or state law. If the measure is not adopted, or the measure is required to be submitted to electors under the city charte~; Or state law,. it shall be submitte--d--t'6--~]t~-el--~or-~ o--~ the next available election date in ORS 221.230 held not sooner tlmn the 90th day after the measure was filed with the c_it_y__go_y_c_r__n.i_n.g body: (3) The governing body may refer a com- peting measure to city electors at tile same election at which the initiated measure is submitted. If the governing body refers a competing measure to city electors, it must prepare the measure not later than the 30th day after the initiated measure is filed with it. The mayor shah not have the power to veto an initiated measure or a competing measure. 11979 c.]90 8169; 1979 c.310 81,1a; 19.?1 c.909 §7; 19~;7 c.471 81] 250.330 lAmeruled by 1.0.57 c.60R §13~; 1979 c.190 2252; 1979 c.749 23; renumbered 254.2951 250.335 11979 c.190 2170; repeal,?,l by 19S7 c.72.1 271 250.340 IAmm~ded by 1957 c.008 §139; 1979 c.190 §255; r'(:n uml,ere(l 254.325J 250.345 11907 c.609 §1; rel)Calcd by {977 c.30{ 815J 250,346 Retention of petitibn materi- als. The city elections officer shall retain the signature sheets of a filed initiative or refer- endum petition with a copy o£ the city meas- ure. If the measure is approved by the electors, a copy of the measure shall be pre- served as a porto_anent public_record, and the 23-61 City Attorney City of Ashland (503) 482-3211, Ext. 59 MEMORANDUM TO: Nan Franklin May 17, 1993 FROM: Paul Nolte SUBJECT: Initiative Petition - Food and Beverage Tax Pursuant to ORS 250.275(3), I am providing you with the ballot title for the prospective petition for a local initiative measure regarding the food and beverage tax. CAPTION: QUESTION: EXPLANATION: "Repeals Food and Beverage Tax" "Shall the food and beverage tax adopted by the voters in March, 1993 be repealed?" 'q'he food and beverage tax was adopted by the voters in March 1993. The tax is imposed on food and beverages sold in restaurants and other similar facilities. The tax is required to be used for acquisition of opeo space lands and easements and for state mandated sewage treatment methods. A yes vote will repeal this tax." (p:orcl~taxf &bre .cap)