MODERN MUNICIPAL CHARTERS AND THE ORGANIZATION OF CITIES ON COM- A COMMENTARY ON THE HOME RULE LAWS OF ARIZONA, CALIFORNIA, OHIO, OKLAHOMA, OREGON, TEXAS, AND WASHINGTON INCLUDING AS MODELS THE COMPLETE CHARTERS OF DAYTON, DES MOINES, GALVESTON, GRAND RAPIDS, HOUSTON AND ST. LOUIS By WILLIAM K. CLUTE TWO VOLUMES VOLUME TWO DETROIT FRED S. DRAKE 1 the governor, to proceed within thirty days after the election, and sooner if the returns be all received, to canvass the votes given for each measure; and the governor shall forthwith issue his proclamation, giving the whole number of votes cast in the state for and against each measure and question and declaring such measures as are approved by majority of those voting thereon to be in full force and effect as the law of the state of Oregon from the date of said proclamation; provided, that if two or more measures shall be approved at said election which are known to conflict with each other, or to contain conflicting provisions he shall also proclaim which is paramount in accordance with the provisions of section 3477.20 Procedure in cities and towns. (Sec. 3480.) In all cities and towns which have not or may not provide by ordinance or charter for the manner of exercising the initiative and referendum powers reserved by the constitution to the people thereof, as to their municipal legislation, the duties required of the secretary of state by this act, as to state legislation, shall be performed as to such municipal legislation by the city auditor, clerk or recorder, as the case may be; the duties required of the governor shall be performed by the mayor as to such municipal legislation, and the duties required by this act of the attorney general shall be performed by the city attorney as to such municipal legislation. The provisions of this act shall apply in every city and town in all matters concerning the operation of the initiative and referendum in its municipal legislation, on which such city or town has not made or does not make conflicting provisions. The printing and binding of measures and arguments in municipal legislation shall be paid for by the city in like manner as payment is provided for by the state as to state legislation by section 3478, and said printing shall 20. L. O. 1907, c. 226, p. 398, § 9, L. O. L. 1910, Sec. 3479. 409722 be done in the same manner that other municipal printing is done; distribution of said pamphlets shall be made to every voter in the city, so far as possible, by the city clerk, auditor, or recorder, as the case may be, either by mail or carrier, not less than eight days before the election at which the measures are to be voted upon. Arguments supporting municipal measures shall be filed with the city clerk, auditor, or recorder not less than thirty days before the election at which they are to be voted upon; opposing arguments shall be filed not less than twenty days before said election. It is intended to make the procedure in municipal legislation as nearly as practicable, the same as the initiative and referendum procedure for measures relating to the people of the state at large.21 Signatures required on referendum-when city registration to take effect. (Sec. 3481.) Referendum petitions against any ordinance, franchise, or resolution passed by a city council shall be signed by not less than ten per cent of the voters of said city, and said signatures shall be verified in the manner herein provided; the petition shall be filed with the city clerk, auditor, or recorder as the case may be, within thirty days after the passage of such ordinance, resolutions or franchise. No city ordinance, resolution or franchise shall take effect and become operative until thirty days after its passage by the council and approved 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 thirty days after such 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 reasons why it is necessary that it should become immediately operative, and shall be ap 21. L. O. 1907, c. 226, p. 398, § 10, L. O. L. 1910, Sec. 3480. proved by the affirmative vote of three-fourths of all the members elected to the city council, taken by ayes and noes, and also approved by the mayor.22 Initiative measures in cities. (Sec. 3482.) If any ordinance, charter, or amendment to the charter of any city shall be proposed by initiative petition, said petition shall be filed with the city clerk, auditor, or recorder, as the case may be, and he shall transmit it to the next session of the city council. The council shall either ordain or reject the same, as proposed, within thirty days thereafter, and if the council shall reject said proposed ordinance or amendment, or shall take no action thereon, then the city clerk, auditor or recorder, as the case may be, shall submit the same to the voters of the city or town at the next ensuing election held therein not less than ninety days after the same was first presented to the city council. The council may ordain said ordinance or amendment and refer it to the people, or it may ordain such ordinance without referring it to the people, and in that case it shall be subject to referendum petition in like manner as other ordinances; if the council shall reject said ordinance or amendment, or take no action thereon, it may ordain a competing ordinance or amendment, which shall be submitted by the city clerk, auditor, or recorder, as the case may be, to the people of the said city or town, at the same election at which said initiative proposal is submitted. Such competing ordinance or amendment, if any, shall be prepared by the council and ordained within thirty days allowed for its action on the measure proposed by initiative petition. The mayor shall not have power to veto either of such measures. If conflicting ordinances or charter amendments shall be submitted to the people at the same election, and two or more of such conflicting measures shall be approved by the people, then the measure which shall have received 22. L. O. 1907, c. 226, p. 398, § 11, L. O. L. 1910, Sec. 3481. |