HomeMy WebLinkAbout3072 Enabling Advisory Elections ORDINANCE NO.30-7a
AN ORDINANCE ENABLING ADVISORY ELECTIONS ON MATTERS
BEYOND THE SCOPE OF THE CITY'S JURISDICTION
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City. The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, measures, questions, or propositions to determine voter attitudes on matters over
which the City has jurisdiction may be placed on election ballots by initiative petition or by
referral from the City Council pursuant to Article IV, Section 1 and Article VI, Section 10 of the
Oregon Constitution; and
WHEREAS,a City ordinance could additionally provide for advisory elections on matters
beyond the scope of the City's power to enact legislation; and
WHEREAS,the City Council wishes to afford the electors of Ashland the opportunity to
express their views on matters beyond the City's jurisdiction by means of advisory elections
placed on the ballot by Council referral or by initiative petition and, in particular, the Council .
wishes to allow Ashland electors in the November 6, 2012 election to determine by popular vote
whether to urge the U.S. Congress to seek to overturn the U.S. Supreme Court decision in
Citizens United v. Federal Election Commission, 558 U.S. 50 (2010) through a constitutional
amendment making constitutional rights available only to natural persons and granting to
Congress and the States authority to regulate campaign contributions and expenditures.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. City Council may, by resolution, place on election ballots City advisory measures,
questions, or propositions on matters beyond the scope of the City's power to enact legislation.
SECTION 2. By initiative petition, electors registered in the City of Ashland may place on
election ballots City advisory measures, questions, or propositions on matters beyond the scope
of the City's power to enact legislation. The procedures for placing such advisory measures,
questions, or propositions on election ballots by initiative petition shall be those set forth in
current Oregon Revised Statutes 250.255 to.250.355 or in subsequent revisions thereof.
SECTION 3. The immediate effectiveness of this ordinance is necessary to enable inclusion on
the November 6, 2012 election ballot of an advisory question on efforts to re-establish public
confidence in the integrity of local, state and federal elections and therefore to preserve public
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health, peace, and safety. An emergency is hereby declared to exist and this Ordinance shall be
in full force and effect after its passage and approval by the Mayor.
SECTION 4. The sections, subsections, paragraphs and clauses of this ordinance are severable.
The invalidity of one section, subsection,paragraph, or clause shall not affect the validity of the
remaining sections, subsections,paragraphs and clauses.
SECTION 5. Provisions of this Ordinance shall be incorporated in the City Code, and the word
"ordinance" may be changed to "code", "article", "section", or another word, and the sections of
this Ordinance may be renumbered or re-lettered, provided however, that any Whereas clauses
and boilerplate provisions (i.e., Sections 4 and 5) need not be codified, and the City Recorder is
authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the 17th day of July, 12,
and duly ASSED and ADOPTED this__;L day of 2012.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this_day of zLe 2012.
hn Stromberg, Mayor
Reviewe s to fo
Davi H. Lohman, City Attorney
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