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1999-131-Ordinance No. 99-012 Recorded 3/22/1999VOL: CJ1999 PAGE: 131 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: DOCUMENT TYPE: Mar. 22, 1999; 1:11 P.M. Ordinance (CJ) NUMBER OF PAGES: 4 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII a�g� *01999-131 *Vol -Page 03/25/1999 10:53:40 � Mg APR 011999 CJ1q99- l3/-1 REVI LE94 CUUNRL BEFORE THE BOARD OF COUNTY CONMSSIONERS OF DESCHUffTffO�tF�C}ON MHi�1 SlitL t'i:1iti`�� �r4 An Ordinance Adding Chapter 1. 14, COUtJ Y CLERK County Voters' Pamphlet to Title 1, Deschutes County Code, And Declaring an Emergency ORDINANCE NO. 99-012 THE BOARD OF COUNTY CONMUSSIONERS OF DESCHUTES COUNTY, ORDAINS as follows: Section ADOPTION. Deschutes County Code Title 1, Chapter 1.14, County Voters' Pamphlet, is hereby adopted as set forth in Exhibit "A," attached hereto and by this reference incorporated herein. Section 2. EMERGENCY. This Ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. DATED this ��day of April 1999. ATTEST: Recording Secretary PAGE 1 of 1 - ORDINANCE NO. 99-012 (3-22-99) BOARD OF COUNTY COI\MUSSIONERS OF DESCHUTES COUNTY, OREGON, LINDA L. SWEARINGEN, Ch4r T.N. De R. L Exhibit "A" Chapter 1.14. COUNTY VOTERS' PAMPHLET 1.14.10 Definitions. 1.14.20 Voters' Pamphlet. 1.14.30 Explanatory Statements. 1.14.40 Intergovernmental Agreements 1.14.50 Short Title. 1.14.10.1 Definitions. Except where a term is defined in Sections A to D of this section, the definitions contained in ORS 251.005 and OAR 165- 22-000 apply to this chapter. A. `Board" means the Deschutes County Board of Commissioners. B. "City" means an incorporated city lying wholly or partially within Deschutes County. C. "District" has that meaning given by ORS 255.012. D. "Measure' means either of the following matters submitted to the people for approval or rejection at an election; except a "measure" does not include the question of whether a person should be recalled from office: 1. A proposed ordinance or other legislation referred by the governing body of a county, city or district. 2. A proposed ordinance or other legislation placed on the ballot by an initiative or referendum petition. (Ord. 99-012 § 1, 1999) 1.14.020 Voters' pamphlet A. The county clerk may prepare, print and distribute a county voters' pamphlet for any election held in Deschutes County. The County Clerk is granted the discretion to determine whether, under all the circumstances, the publication of a county voters' pamphlet for a given election is appropriate. This chapter does not impose a legal duty on the county clerk to publish a voters' pamphlet for all elections held in Deschutes County. B. When the county clerk determines that a county voters' pamphlet should be published, ORS 251.305 to 251.440 and Division 22 of OAR Chapter 165 shall govern the publication and distribution of the county voters' pamphlet except as otherwise specifically provided in this chapter. (Ord. 99-012 § 1, 1999) 1.14.030 Explanatory statements. A. Measures referred by governing body. The governing body of the county, a city or a district that has referred a measure to the voters shall submit an explanatory statement to the county clerk within the time allowed by Oregon law. If the governing body does not submit the explanatory statement within the time allowed, the official responsible for drafting a ballot title for initiative measures for the governing body's electoral district shall submit an explanatory statement to the county clerk. B. Initiatives and referendums by petition; effect of ordinance adopted under OAR 165-22-040(2). When an initiative measure or referendum measure by petition is certified for election, an explanatory statement shall be included in the county voters' pamphlet as provided in this subsection. 1. County measure. If the initiative or referendum measure is a county measure, an explanatory statement shall be prepared and submitted by the official responsible for drafting a ballot title for initiative measures for the county. The explanatory PAGE 1 of 3 — EXHIBIT "A" TO ORDINANCE NO. 99-012 (3-22/99) Exhibit "A" statement shall be filed with the county clerk. 2. City or district measures. If the city or district has adopted an ordinance in accordance with OAR 165-22-40(2) that requires its governing body to submit an explanatory statement, the governing body shall submit the explanatory statement. The explanatory statement shall be filed with the county clerk. C. Availability of proposed explanatory statement to the public. The county clerk shall keep available to the public in the clerk's office a full and complete copy of all explanatory statements filed under this chapter. D. Challenge and review of explanatory statements. 1. 2. Any Deschutes County elector who is eligible to vote on the measure and is dissatisfied with the explanatory statement submitted under this section may challenge the explanatory statement by filing a petition with the county clerk no later than 5 p.m. on the 5th day after the deadline for filing the explanatory statement. The petition shall request administrative review of the explanatory statement. The elector must include in the request the reasons why the explanatory statement is not impartial, is insufficient or is unclear. Upon receipt of the partition described above, the county clerk shall schedule a hearing to be conducted as follows: a. The hearing shall be conducted within 2 business days from the date the petition was filed. b. The clerk shall provide notice of the time and place of the hearing to the following persons: i. If the statement explains a measure referred to the voters by the governing body, the clerk shall notify the petitioner, the governing body and the person who prepared the explanatory statement. ii. If the statement explains a measure referred to the voters by initiative or referendum petition, the clerk shall notify the petitioner, the governing body affected by the measure, the chief petitioner of the initiative or referendum and the person who prepared the explanatory statement. c. At the hearing, all persons entitled to notice from the clerk shall have the opportunity to present evidence and testimony on the question of impartiality, sufficiency or clarity of the explanatory statement. d. The county clerk may leave the explanatory statement in its original form or may modify the explanatory statement. A final disposition shall be made by the county clerk within 24 hours of the conclusion of the hearing. (Ord. 99-012 § 1, 1999) 1.14.40 Intergovernmental agreements. The county clerk may enter into intergovernmental agreements with the Secretary of State pursuant to ORS 251.008 for the production and distribution of a county voters' pamphlet. (Ord. 99-012 § 1, 1999) PAGE 2 of 3 — EXHIBIT "A" TO ORDINANCE NO. 99-012 (3-22/99) Exhibit "A" 1.14.50 Short title. This chapter may be referred to as the "Deschutes County Voters' Pamphlet Chapter." (Ord. 99-012 § 1, 1999) PAGE 3 of 3 — EXHIBIT "A" TO ORDINANCE NO. 99-012 (3-22/99)