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Home My WebLink AboutTelecommunications Initiative CI'fY OF ASH[LAND Memo DATE: TO: FROM: RE: June 23, 2005 l~ yegal Department fU""Barbara Christensen, City Recorder Prospective Initiative for Local Measure I received in my office on June 20, 2005 a Prospective Petition for a Local Measure. After reviewing the initiative, I find that the text of the proposed charter amendment complies with the procedural constitutional requirements. I am forwarding to you two copies of the prospective initiative petition for preparation of the ballot title. Oregon law requires that the City Attorney has five business days to prepare a ballot tith~ and file it with the city elections official. The ballot title is required to contain the following elenlents: * A caption not to exceed 10 words. The caption must reasonably identify the subject of the initiative; * A question not to exceed 20 words. The question must plainly phrase the chief purpose of the initiative so that an affirmative response corresponds to a yes vote on the measure; and * A summary of the prospective initiative not to exceed 175 words. The summary shall be concise and impartial and summarize the measure and its major effect. CITY RECORDERlTREASURER Tel: 541-488-5307 20 E Main Street Fax: 541-552-2059 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us ri.' Initiative Petition Language City Charter amendment The citizens of Ashland desire that the following language shall be included in the Charter of the City of Ashland, Oregon. Article XVI-Miscellaneous Provisions Section 2. Telecommunications-- The City of Ashland, a municipal corporation, is prohibited from owning or operating any digital telecommunications technology for any and all purposes except those expressly related to the proper daily governance of the city; the collection and distribution of city information to the citizens; or public transportation, health, safety, or protection of its citizens. RECEIVED JUN 2 0 2UU!) ~~ ...... , , If V .......--.,. .lIII~ .., ~-~ PRQ?PECTIVE PETITION FOR. LOCAL MEASURE ~,,-,.,.,. . ~ INITIATIVE D REFERENDUM COUNTy--.l~['(1 CITY 1~luJ,n-i DISTRICT TO THE COUNTY ELECTIONS FILING OFFICER/CITY REC9...J.W.ERJ~UDITOR): We, the undersigne~, request the (circle one) district attorney (::ity attorn:jp~~ar~ a ?allot ti"tl~ ~OJr tpe attacped proposed measure to be submItted to the people of (name of county / city lcti'su'iCfJ-:'- ;~'~}~ < DESIGNATING CHIEF PETITIONERS Every petition shall designate not more than three persons as chief petitioners, setting forth the narne, residence address and title (if officer of s onsorin or anization) of each. 1. :~:E:~~:~~~~hr~~~iit J ,~~~;~~~ ~~_ MAILING ADDRESS (IF DIFFERENT) EMAIL ADDRESS AND/OR WEBSITE Ji1-tAtt~ .... t. JJtt DAY TELEPHONE. .91" .L1~.>~ SPONSORING ORGANIZATION (IF ANY) 2. NAME (PRINT) RESIDENCE ADDRESS MAILING ADDRESS (IF DIFFERENT) EMAIL ADDRESS AND/OR WEBSITE SPONSORING ORGANIZATION (IF ANY) SIGNATURE DA Y TELEPHONE 3. NAME (PRINT) RESIDENCE ADDRESS MAILING ADDRESS (IF DIFFERENT) EMAIL ADDRESS AND/OR WEBSITE SPONSORING ORGANIZATION (IF ANY) INSTRUCTIONS FOR CIRCULATORS Q~t Only active registered voters of the county, city or district may sign a petition, t"'~ All signers on anyone signature sheet must be active registered voters of the same county, l\~\~\~ It is advisable to have signers use a pen for signing petitions or for certifying petitions, ..\\)'\'\ 'L \\ LUU~~ Only one circulator may collect signatures on anyone sheet of a petition, c" Each circulator must personally witness all signatures the circulator collects, p Circulators shall not file a petition knowing it to contain a false signature, _,_'-" Circulators shall not knowingly make any false statement to any person who signs it or requests informa~~ ,~ Circulators shall not attempt to obtain the signature of a person knowing that the perspn,~~ petition is not qualified to sign it. Circulators shall not offer money or any thing of value to another person to sign or nor;ign a petition, Circulators shall not sell or offer to sell signature sheets, Circulators shall not accept compensation to circulated a petition that is based on the number of signatures obtained, Warning: Violations of the circulator requirements may result in conviction of a felony with a fine of up to $100,000 and/ or prison for up to five years. SIGNATURE DA Y TELEPHONE INSTRUCTIONS FOR SIGNERS Only active registered voters of the county, city or district may sign a petition, Sign your full name, as you did when you registered to vote, Please fill in the date on which you signed the petition, your printed name and your residence address in the spaces provided, It is advisable to use a pen for signing petitions. It is unlawful to sign any person's name other than your own, Do not sign another person's name under any circumstances. It is unlawful to sign a petition more than once, It is unlawful for a person to knowingly sign a petition when the person is not qualified to sign it. SEL 370 REV 12/02 oRS 250.045; 250.165; 250.265; 255.135 l/We hereby declare one or more petition circulators will be paid money or other valuable consideration for obtaining signatures of active registered voters on the attached petition or certificate. l/We understand the filing officer must be notified not later than the tenth day after l/we first have knowledge or should have had knowledge that no petition circula tor will be paid for obtaining signatures. STATEMENT ONE OR MORE PETITION CIRCULATORS WILL BJE PAID Identify Petition (Name of Candidate or Minor Political Party on Prospective Petition; or Name of Officeholder on Recall Petition) Signed * Da te signed Da te signed Da te signed *Statement must be signed by one of the following: · candidate for nomination; · chief petitioner for recall petition; · chief sponsor for certificate of nomination; or · chief sponsor for minor political party formation petition, -------------------------------------------------- STATEMENT NO PETITION CIRCULATORS WILL BE PAID l/We hereby declare no petition circulator will be paid money or other valuable consideration for obtaining signatures of active registered voters on the attached petition or certificate. l/We understand the filing officer must be notified not later than the tenth day after I/we first have knowledge or should have had knowledge that one or more petition circulators will be paid for obtaining signatures. ----s ' r:", "'" ," :.1\Vl (~~t-Kr ... - Identify Petition (Name of Candidate or Minor Political Party on Prospective Petition; or I" JJ\1 Na,me of Officeholder on Recall Petition) '. J ) ..' i' J If V. Date signed I.e', ~ ! t l~ Date SigneN y___ ~~ ~ ~\\~ S~~ ~......\:,...."."..~ ~\, ~j Signed * *Statement must be signed by one of the following: · candidate for nomination; · chief petitioner for recall petition; · chief sponsor for certificate of nomination; or · chief sponsor for minor political party formation petition. ,~ SEL 300 REV 12/03 ORS 248.008, ORS 249.061, ORS 249.078, ORS 249.740, ORS 249.865, ORS 250.045, ORS 250.165, ORS 250.265, ORS 255.135 CHARTER AMENDMENT PROHIBITING CITY OWNEB~SHIP OR OPERATION OF DIGITAL TELECOMMUNICATIC)NS. Question: Shall Article 16, Section 2 be added to the Ashland City Charter prohibiting City Ownership or Operation of Digital Telecommunications? Explanation: If the proposed language is added to the charter, Ashland would be prohibited from owning or operating digital telecommunications technology for any purpose other than those related to the governance of the City. This would prevent Ashland from using its currently owned fiber optic infrastructure to provide any digital telecommunications services for purposes other than local governance. To the extent that Ashland currently provides digital telecommunications services for other than local governance purposes, it would be required to discontinue or divest itself of those. ~€.CE.\"€.O ~U~ 'l. ~ 'L'#l -~>,.:-,-~--- ... ~~._--- G:\legal\Mike\Admin\Ballot Title AFN Prohibition, doc WITHDRAWAL OF~ INITIATIVE OR 0 REFERENDUM PETITION PLEASE TYPE OR LEGIBLY PRINT IN BLACK INK g COUNTY, CITY or ~ r T. I ~_~ DISTRICT of a~~ o STATEWIDE WITHDRAWING PETITION TITLED (CAPTION OF BALLOT TITLE OR TITLE OF ACT): Prohlb~ ~ ()wners~ OY opuah~ at d l~ tef~IHU ' DATE PROSPECTIVE PETITION FILED: ~~ to- ~-Or ~ PETITION ID, if applicable ELECTION ID, if applicable TO THE SECRETARY OF STATE OF OREGON /COUNTY ELECTIONS OFFICIAiliCITY RECORDER: I WE SUBMIT THIS NOTICE OF WITHDRAWAL FOR THE PETITION NAMED ABOVE YOUR EASON FOR THIS WITHDRAWAL IS: (optional) writ qaoYflim m rurrOJe- l' ~l{eJ1 RECE.\\fED J\)~ 'G ~ 2U~S Si . ,41' ,~---'.'.-' _ __...";:1.~~'--~-~ ~ ~~ yt Printed name of chief petitioner Printed name of chief petitioner Date signed Printed name of chief petitioner Signature of chief petitioner Date signed The chief petitioners of an initiative or referendum petition may withdraw the petition at any time prior to the submission of the petition for signature verification. FOR OFFICE USE ONLY INITIALS PETITION ID RECEIPT NUMBER SEL 375 REV 12/03 ORS 250,029 CIT'Y OF ASHI_AND July 11, 2005 John Gaffey 637 Oak Street Ashland, OR 97520 Dear Chief Petitioner, I have reviewed the text for a prospective initiative for local measure and find that it cOlnplies with the procedural constitutional requirements. The prospective petition is now being forwarded to the City Attorney for preparation of the ballot title and filing with my office. If you have any questions, or require further information, please feel free to contact me. Sincerely, Barbara Christensen City Recorder/Treasurer CITY RECORDERlTREASURER Tel: 541-488-5307 20 E Main Street Fax: 541-552-2059 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us r.l' c.'ry OF ASH[LAND Memo DATE: July 11,2005 TO: ~. Legal Department FROM:. Barbara Christensen, City Recorder RE: ,. Prospective Initiative for Local Measure I received in my office on July 1, 2005 a Prospective Petition for a Local Measure. Aftt~r reviewing the initiative, I find that the text of the proposed charter amendment complies with the procedural constitutional requirements. I am forwarding to you two copies of the prospective initiative petition for preparation of the ballot title. Oregon law requires that the City Attorney has five business days to prepare a ballot title and file it with the city elections official. The ballot title is required to contain the following elements: * A caption not to exceed 10 words. The caption must reasonably identify the subject of the initiative; * A question not to exceed 20 words. The question nlust plainly phrase the chief purpose of the initiative so that an affirmative response corresponds to a yes vote on the measure; and * A summary of the prospective initiative not to exceed 175 words. The summary shall be concise and impartial and summarize the measure and its major effect. CITY RECORDERlTREASURER Tel: 541-488-5307 20 E Main Street Fax: 541-552-2059 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us ~~, Initiative Petition Language City Charter amendment The citizens of Ashland desire that the following language shall be included in the Charter of the City of Ashland, Oregon. Article XVI-Miscellaneous Provisions Section 2. Telecommunications, broadband, and television-- The City of Ashland, a Inunicipal corporation, is prohibited from owning, operating, or selling any or all applications or services for telecommunications, broadband, or television for purposes other than those that are expressly related to the proper daily governance of the city; the collection and distribution of city information to the citizens; or public transportation, health, safety, or protection of its citizens. RECEIVED JUL 0 1 2005 CHARTER AMENDMENT PROHIBITING CITY OWNE]~SHIP, OPERATION OF TELECOMMUNICATIONS, CABI.lE TELEVISION. Question: Shall Article 16, Section 2 be added to Ashland C:harter prohibiting City Ownership or Operation of Telecommunications or cable television? Explanation: If the proposed language is added to the charter, Ashland would be prohibited from owning or operating telecommunications technology for any purpose including providing cable television or broadband internet, other than those related to the governance of the City. This would prevent Ashland from using its currently owned fiber optic infrastructure to provide any telecommunications, cable television or broadband internet services for purposes other than local governance. To the extent that Ashland currently provides these services for other than local governance purposes, it would be required to discontinue or divest itself of those. C:\DOCUME-l \christeb\LOCALS-l \Temp\Ballot Title AFN Prohibition,doc P\!Q.?YECTIVE PETITIO. N FOR LOCAL MEASURE , 1LfINITIA TIVE D rEFERENDUM COUNTY --'"-=-ac4oV] CITY r\23w 10l/lO DISTRICT TO THE COUNTY ELECTIONS FILING OFFICER/CITY RECORDER (AUDITOR): We, the undersigned, request the (circle one) district attorney /city attorney prepare a ballot title for the attached proposed measure to be submitted to the people of (name of county / city / district) ________ DESIGNATING CHIEF PETITIONERS Every petition shall designate not more than three persons as chief petitioners, setting forth the name, residence address ~nd title (if officer of spo:sori:g organi.zatiOn) of eac~.. t, 'U ~ .. /~' f i / NAME (PRINT) . Yl1111 ~'/- ~S~~~CPC\R~'10..,i I, tl' 'l qt. / RESIDENCE ADDRESS O~ g-:' ,) ~ I ~ It _ MAILING ADDRESS (IF DIFFERENT) EMAIL ADDRESS AND/OR WEBSITE ~"t9~~ol.LCVlr1A y TELEPHONE 32.~. Tf'ib SPONSORING ORGANIZATION (IF ANY) 2. NAME (PRINT) RESIDENCE ADDRESS MAILING ADDRESS (IF DIFFERENT) EMAIL ADDRESS AND/OR WEBSITE SPONSORING ORGANIZATION (IF ANY) SIGNATURE DA Y TELEPHONE 3, NAME (PRINT) RESIDENCE ADDRESS MAILING ADDRESS (IF DIFFERENT) EMAIL ADDRESS AND / OR WEBSITE DA Y TELEPHONE SPONSORING ORGANIZATION (IF ANY) INSTRUCTIONS FOR CIRCULATORS J~ ~D' Only active registered voters of the county, city or district may sign a petition. f" t:::.~' t;.- . All signers on anyone signature sheet must be active registered voters of the same co~~ ~ t;- It is advisable to have signers use a pen for signing petitions or for certifying petitions,~t;. "Rlf\ Only one circulator may collect signatures on anyone sheet of a petition. '\ 1. IJIYfII Each circulator must personally witness all signatures the circulator collects, ~~\. Circulators shall not file a petition knowing it to contain a false signature, Circulators shall not knowingly make any false statement to any person who signs it or requests information about it. Circulators shall not attempt to obtain the signature of a person knowing that the person signing the petition is;J~kqLlalified to sign it. Circulators shall not offer money or any thing of value to another person to sign or not sign'a petiti~""~'" Circulators shall not sell or offer to sell signature sheets. ~....-, Circulators shall not accept compensation to circulated a petition that is based on the number of signatures obtained, Warning: Violations of the circulator requirements may result in conviction of a felony with a fine of up to $100,000 and/or prison for up to five years, SIGNATURE INSTRUCTIONS FOR SIGNERS Only active registered voters of the county, city or district may sign a petition, Sign your full name, as you did when you registered to vote, Please fill in the date on which you signed the petition, your printed name and your residence address in the spaces provided, It is advisable to use a pen for signing petitions, It is unlawful to sign any person's name other than your own. Do not sign another person's name under any circumstances, It is unlawful to sign a petition more than once. It is unlawful for a person to knowingly sign a petition when the person is not qualified to sign it. SEL 370 REV 12/02 ORS 250,045; 250.165; 250.265; 255.135 STATEMENT ONE OR MORE PETITION CIRCULATORS WILL BE PAID (Initiative/Referendum Only) D Prospective Petition (Initial filing with filing officer) I/We hereby declare one or more petition circulators will be paid money or other valuable consideration for obtaining signatures of active registered voters on the attached petition, I/We understand the filing officer must be notified not later than the tenth day after I/we first have knowledge or should have had knowledge that no petition circulator will be compensated for obtaining signatures. By signing this document, I hereby state that no circulators will be compensated on this petition based on the number of signatures obtained by the circula tor. D Completed Petition (Signatures submitted for verification) By signing this document, I hereby state that no circulators have been compensated on this petition based on the number of signatures obtained by the circulator. Signed * Identify Petition (Subject of Initiative or Referendum petiti'Ff E C . , . '" . DateSignS~ Day.!4gJ.el 2005 Date signed "'.:... * All chief petitioners for an initiative or referendum petition must sign-this statement. WARNING: Supplying false information on this form may result in conviction of a felony with a fine of up to $100,000 and / or prisonjor up to five years. STATEMENT NO PETITION CIRCULATORS WILL BE P,AID (Initiative/Referendum Only) Prospective Petition (Initial filing with filing officer) I/We hereby declare no petition circulators will be paid money or other valuable consideration for obtaining signatures of active registered voters on the attached petition. I/We understand the filing officer must be notified not later than the tenth day after I/we first have knowledge or should have had knowledge that any petition circulator will be compensated for obtaining signatures. By signing this document I hereby state that no circulators will be compensated on this petition. D Completed Petition (Signatures submitted for verification) By signing this document, I hereby state that no circulators were compensated for obtaining signatures on the attached petition. Date signed * All chief petitioners for an initiative or referendum petition must sign this statement. /J;--1<1O/11fU) fycd!at~ rr~kut)joL/J Identify Petition (~ '(Subject of Initiative or Referendum Petition) I!'i Date signed or(l/loc;- Signed * Date signed WARNING: Supplying false information on this form may result in conviction of a felony with a fine of up to $100,000 and / or prison for up to five years, SEL 301 REV 12/02 ORS 250.045, ORS 250.165, ORS 250.265, ORS 255.135 CIT1r OF ASHIJAND July 19, 2005 John Gaffey 637 Oak Street Ashland, OR 97520 Dear Chief Petitioner, I have received from the City Attorney the enclosed Ballot Title. I will now place it in the local newspaper an opportunity for the public to respond to the Ballot Title. The deadline for response is July 28,2005. After this time as elapsed, then you will have the opportunity to bring to me a prospective initiative petition cover and signature sheet to be approved. You can find an example of this in the City Elections Manual. If you have any questions, or require further information, please feel free to contact me. Sincerely, Barbara Christensen City Recorder/Treasurer CITY RECORDERlTREASURER Tel: 541-488-5307 20 E Main Street Fax: 541-552-2059 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us r., CHARTER AMENDMENT PROHIBITING CITY OWNEltSHIP, OPERATION OF TELECOMMUNICATIONS, CABl,E TELEVISION. Question: Shall Article 16, Section 2 be added to Ashland C~harter prohibiting City Ownership or Operation of Telecommunications or cable television? Explanation: If the proposed language is added to the charter, Ashland would be prohibited from owning or operating telecommunications technology for any purpose including providing cable television or broadband internet, other than those related to the governance of the City. This would prevent Ashland from using its currently owned fiber optic infrastructure to provide any telecommunications, cable television or broadband internet services for purposes other than local governance. To the extent that Ashland currently provides these services for other than local governance purposes, it would be required to discontinue or divest itself of those. ..... N~<:J GC~. ~ ~~ '\.'b '" ~\. ,;~..i . ,) .,p / ,. .,:>// j;;'.~~~ ., ,:;J'" H:\ELECTION\Initiatives\Telecommunications\Ballot Title AFN Prohibition, doc CITY Of ASHILAND Fax DATE: July 19, 2005 TO: Legal Classified, Daily Tidings f776-43~) tjgp. 3~of FROM: Barbara Christensen, City Recorder/Treasurer RE: Notice of Receipt of Ballot Title TOTAL PAGES: 2 (includes cover) PUBLISH: July 21, 2005 BILLING INFO: Daily Tidings:. Bill to PO 69456 See attached notice for publishing on July 21 2005. Please call 488-5307 to verify receipt of this request. Thank You. ~~, r.t. ., Office ofthe City RecorderlTreasurer Tel: 541-488-5307 20 East Main Street Fax: 541-488-5311 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us christeb@ashland.or.us NOTICE OF RECEIPT OF BALLOT TITLE FILED IN THE CITY OF ASHLAND July 19, 2005 NOTICE IS HEREBY GIVEN that a ballot title meeting the requirements of section 1(2)(d), Article IV of the Oregon Constitution (one subject) has been filed with the City Recorder. The ballot title has been prepared by the City Attorney and is as follows: CAPTION: CHARTER AMENDMENT PROHIBITING CITY OWNERSHIP, OPERATION OF TELECOMMUNICATIONS, CABLE TELEVISION. QUESTION: Shall Article 16, Section 2 be added to Ashland Charter prohibiting City ownership or Operation of Telecommunications or cable television? EXPLANATION: If the proposed language is added to the charter, Ashland would be prohibited from owning or operating telecommunications technology for any purpose including providing cable television or broadband internet, other than those related to th~~ governance of the City. This would prevent Ashland from using its currently owned fiber optic infrastructure to provide any telecommunications, cable television or broadband internet services for purposes other than local governance. To the exte~nt that Ashland currently provides these services for other than local governance purposes, it would be required to discontinue or divest itself of those. ANY ELECTOR DISSATISFIED WITH THE BALLOT TITLE may petition the Circuit Court seeking a different title and stating the reasons the title filed is insufficient, not concise or unfair. Petition must name as respondent the City Attorney and must be filed no later than the 7th day after ballot title is filed with the City Recorder, July 28, 2005. The court shall revievv the title and measure to be initiated or referred, hear arguments, if any, and certify to the city elections officer a title for the measure which meets the requirements ofORS 250.035. AN ELECTOR FILING A PETITION shall notify the city elections officer in writing that the petition has been filed. The notice shall be given NO LATER THAN 5 p.m. on the next business day following the day the petition is filed. ORS 250.29692. Barbara Christensen, City Recorder/Treasurer Publish: July 2 L 2005 CIT1i OF ASHIJAND August 4, 2005 John Gaffey 637 Oak Street Ashland, OR 97520 Dear Chief Petitioner, I have reviewed the text of the initiative petition to assure that the text read exactly the same and is formatted the same as the text submitted with the prospective petition. I have also reviewed the cover and signature sheets for compliance with the city petition requirements. Your initiative petitions are approved for circulation. If you have any questions, or require further information, please feel free to contact me. Sincerely, 46 Barbara Christensen City Recorder/Treasurer CITY RECORDERlTREASURER 20 E Main Street Ashland, Oregon 97520 www.ashland.or.us Tel: 541-488-5307 Fax: 541-552-2059 TTY: 800-735-2900 ~., o ~ z o - ~ - ~ ~ ~ . QJ U = o = tU ,.c:: ...... 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