Item A: Resolution on Gas Tax to Ballot

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If a voters’ pamphlet is to be produced, the council must take action at this time. Presently, the deadline for all voters’ pamphlet arguments is 54 days prior to the election, which is March 27. Motion to appoint members of a proponent committee Eugene Code 2.994(1)(b) requires content of the voters’ pamphlet to include one argument in favor of each measure followed by a rebuttal to the argument and one argument in opposition to the measure followed by a rebuttal to that argument. For citizen-referred measures, the written argument in favor and the rebuttal to the opposition argument are to be submitted by one or more of the City Councilors who voted in favor of the ordinance referred. (EC 2.996(1)(c). The argument in opposition to the measure and the rebuttal to the argument in support are to be written by one or more of the chief petitioners of the referral petition, so long as they certify that they are bona fide opponents of the ordinance. If the chief petitioners are not bona fide opponents, the argument in opposition and the rebuttal to the argument in support shall be submitted by a three-person committee chosen by the City Recorder by lot from among applications that have been received in accordance with code requirements. RELATED CITY POLICIES The net proceeds of this motor vehicle fuel dealer’s business license tax are used only for the reconstruction, repair, maintenance, operation and preservation of roads and streets within the City that either the City owns or it is contractually or legally obligated to operate and maintain. Eugene Code 2.993(2) requires that: “The City Manager shall publish and distribute a local voter’s pamphlet for each election in which a City measure is on the ballot unless: (a) The City measure is placed on the ballot by petition or council action occurring less than 55 days before the election date; or (b) The council determines that the environmental, economic and social impacts of adoption of the City measure are not substantial enough to warrant the expense for preparation and distribution of a voter’s pamphlet.” Eugene Code 2.994 and 2.996 set forth the requirements for the arguments contained in the voters’ pamphlet. COUNCIL OPTIONS The City Council may: 1. Repeal Ordinance 20401 altogether; or 2. Adopt the proposed resolution and send the measure to the May ballot (assuming that the th requisite number of valid signatures were submitted on February 27); or 3. Take no action, in which case the election on the measure, assuming there are sufficient petition signatures will be held September 16, at an estimated additional cost to the City of $150,000. 4. If the council decides to let the measure go to a September election, the council may also refer a competing measure to the September ballot. F:\CMO\2008 Council Agendas\M080310\S080310A.DOC