HomeMy WebLinkAboutItem A - Ordinance Repealing Ordinance 20384
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Public Hearing and Action: An Ordinance Repealing Ordinance No. 20384 Concerning
Motor Vehicle Fuel Dealer’s Business Licenses; Declaring an Emergency; and Providing
for an Immediate Effective Date
Meeting Date: August 15, 2007 Agenda Item Number: A
Department: City Attorney Staff Contact: Glenn Klein
www.eugene-or.gov Contact Telephone Number: 682.5080
ISSUE STATEMENT
The purpose of this public hearing and possible action is to repeal Ordinance No. 20384, passed by the
council on May 29, 2007.
Please note: An immediate effective date is requested with this ordinance. An immediate effective
date requires a 2/3 majority or six (6) affirmative votes from the council to enact. Ordinances without
an immediate effective date do not take effect for 30 days.
BACKGROUND
Prior to the effective date of Ordinance No. 20384, a referendum petition was submitted to refer the
ordinance to the electors of the City. At a work session on August 8, 2007, the City Council directed the
City Manager Pro Tem to bring back an ordinance repealing Ordinance No. 20384. The council also
directed the manager to bring back (1) a resolution placing the 3-cent per gallon increase on the
November ballot, and (2) an ordinance repealing the sunset provision on the 2-cent per gallon tax. The
resolution referring the 3-cent increase is the next agenda item. The ordinance repealing the sunset
provision is scheduled for a public hearing on September 10, 2007, with action either following the
public hearing or on September 24.
In order to take action on this ordinance, the council needs to take the following actions. First, the
council needs to agree unanimously that the council will hold a public hearing with less than 10 days
notice. (The attorney for the station owners was notified last week that a public hearing would be held
on August 15. That attorney replied via e-mail that he intended to be present to urge the council to refer
the sunset provision, and, if that did not happen, that they would again attempt to collect signatures to
refer the repeal of the sunset provision.) Second, the council needs to hold a public hearing. Third, the
council needs to agree unanimously to proceed with action at this meeting. And fourth, the council
needs to vote on the motion to adopt the ordinance
RELATED CITY POLICIES
The council has indicated its intent to refer a measure increasing the motor vehicle fuel dealer’s business
license tax.
F:\CMO\2007 Council Agendas\M070815\S080815A.doc
COUNCIL OPTIONS
Based on the statewide election date of November 6, 2007, and the time frame within which the council
must act, the notice requirements of Section 28(1) of the Eugene Charter of 2002 cannot be met with
respect to consideration of this ordinance. The council must unanimously agree to proceed with a public
hearing on this ordinance with abbreviated notice, and further unanimously agree to consider and act on
the ordinance at a single meeting. The ordinance may then be declared immediately effective in order to
serve the important public purpose of repealing Ordinance No. 20384 without the necessity of referring
it to the voters.
CITY MANAGER’S RECOMMENDATION
The City Manager recommends that the Mayor and City Council convene the public hearing and take
action on the ordinance at this time.
SUGGESTED MOTIONS
1. Move, with unanimous consent of the council, to hold the public hearing at this time based on the
individual notice provided to the attorney for the gas station owners and the media notice.
2. Move, with unanimous consent of the council, to consider enactment of the ordinance at this time.
3. Move to adopt an ordinance repealing Ordinance No. 20384 concerning motor vehicle fuel dealer’s
business licenses; declaring an emergency; and providing for an effective date.
ATTACHMENTS
A. Proposed Ordinance Repealing Ordinance No. 20384
FOR MORE INFORMATION
Staff Contact: Glenn Klein
Telephone: 682-5080
Staff E-Mail: glenn.klein@harrang.com
F:\CMO\2007 Council Agendas\M070815\S080815A.doc
ATTACHMENT A
ORDINANCE NO. __________
AN ORDINANCE REPEALING ORDINANCE NO. 20384 CONCERNING
MOTOR VEHICLE FUEL DEALER’S BUSINESS LICENSES;
DECLARING AN EMERGENCY; AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
The City Council of the City of Eugene finds that:
A.
On May 29, 2007, the City Council passed Ordinance No. 20384, which (a)
increased the City’s gas tax by $0.03 per gallon, and (b) repealed the sunset provision on $0.02
per gallon. Signatures were subsequently submitted seeking to refer that ordinance to the voters.
The Lane County Circuit Court recently ruled that the number of signatures submitted were
sufficient to refer the measure.
B.
The Council has determined that the ordinance containing the two provisions
($0.03 increase and sunset on $0.02) should not be placed before the voters, and therefore, that
the ordinance should be repealed. In light of the time constraints imposed by state law and state
administrative rules on submission of election measures, and the Council’s intent to submit the
$0.03 per gallon increase to the voters at a November election, the Council needs to repeal
th
Ordinance 20384 at its August 15 meeting.
Now, therefore,
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1
. Ordinance No. 20384 concerning motor vehicle fuel dealer’s business licenses
(which repealed Section 3 of Ordinance No. 20337 and amended Section 3.467 of the Eugene
Code, 1971) is hereby repealed.
Section 2.
Due to the fact that Ordinance No. 20384 is subject to a referendum and the
time constraints imposed by the state related to election measures, the City Council finds that an
emergency exists which cannot be addressed by the ordinance adoption procedures of Section
28(1) of the Eugene Charter of 2002. Immediately prior to adoption of this Ordinance, the City
Council unanimously agreed to proceed with consideration of this Ordinance with an abbreviated
notice of the public hearing date.
Section 3.
Pursuant to the provisions of Section 32(2) of the Eugene Charter of 2002,
with the affirmative vote of two-thirds of the members of the City Council, this Ordinance shall
become effective immediately upon its adoption by the Council and approval by the Mayor, or
passage over the Mayor’s veto.
Ordinance –1
Section 4.
An immediate effective date of this Ordinance is necessary in order to serve
the important public purpose of repealing Ordinance No. 20384 consistent with the time
constraints imposed by state election laws and administrative rules.
Passed by the City Council this Approved by the Mayor this
______ day of August, 2007 _____ day of August, 2007.
_______________________________ _________________________________
City Recorder Mayor
Ordinance –2