HomeMy WebLinkAboutCharter of 1982CITY 0~ CENTRAL pOZI~T' CHARTER Of' 1982
A CI~RTER
To provide for the government of the City of Central
Point, Jackson County, Oregong and to repeal. x.11 charted provision
of the City enacted prior to the time that this charter takes effeot,
except as herein otherwise provided.
He it enacted by the peopa~e of the City of Central~~oint,
Jackson County, Oregona
CfTER I
N O ~O~oARIES
Section 1. Title of Enactment. This enactment may be
.referred to as t e City of Centra ..Point .Charter of :1982.
Section 2. Name of Cit . The municipality of Central. ~,
.Point, Jackson County, Oregon, s all continue to be a municipal ` ``
corporation with the .name '°City of Central Point"
Section 3. Boundaries. The City-shall include all terri~
tory encompassed by its boundaries as they .now exist or hereafter _
are modified by voters, by the Council,"or by any. other agency with
legal power to modify them. At least"two copies of this charter
shall be kept at the City Hall in which shall be maintained accurate
and up-to®date descriptions of the City's boundaries. The copies
and descriptions shall be available for .public inspection at any.
timeduring regular City office. hours...
CHAPTER II ~'
P06JERS
Section 4. Powers of the City. The City shall have all
powers which the constitutions, statute's and common law of the
~7raited States and. of this state expressly or impliedly grant or
allow municipalities, as fully as though this charter specifically
enumerated each of those .powers..
Section 5. Construction of Charter. 2n this charter no
mention of a particular power shall be construed to be exclusive or
to restrict the scope of the powers which the City would have if
the particular power were not mentioned. The charter. shall b~
liberally construed to~the end that the City may have all powers
`necessary or convenient for the conduct of its munieipal affairs,
including all powers that cities may assume pursuant to state laws
and to the municipal home. rule provisions of the State Constitution..
~i~ ~H~BI~' A
CF~'TER III
~®~tM C~ C®~t.,~MEN'T
Seetior. 6. Where Fo~rers Nested. The powers of the City
shall be vested era the Council, except as .otherwise provided in
this .charter.
Seetion 7. Council.. The Council shall be composed of
a mayor and s~.x Counc~lmembers elected from tFie City at large,
provided, however,. that the Council shall have the right by ordi-
Hance to establish wards and to designate one or .more Councilmembers
to be elected by ward.
Section ~. Councilmembers, Each Councilmember in
office at t ~ ta.me t ~.s c arter is adopted shall continue until the _
end of his term iai office as fixed by the charter of the City at
the time this charter is adopted.. At each subsequent biennial
general election, .three Councilmembers shall. be elected, each for
a term of four years.
Section 9. Mayor.. _ At each biennial general elections, a ~`
yor _~hal be a eeted for a term of two_ years.
Section 10. tither affieers. Additional officers of the
City shall be a City Administrator, aMunicipal Judge, and ...such.
....other officers as the Councl:deems necessary. Each of these,~fficer~
~hal~. be appointed and may be removed by the. Mayor with the consent ,
of the Council.. The Council may combine any two or more appointive
City offices. The Council may designate any appointive officer to
supervise any other appointiveofficers except the Municipal Judge
in the exercise of :his judicial. functions.
Section 11. Salaries. The compensation for the services
of each City of scar and employee. shall be the amount fixed by .the
Council.
.Section 12. Qualifications of Officers. I3o person shall
be eligible for an eleet~.ve office of the City unless at the time
of his election he i.s a qualified eleetor within the meaning of
the State Constitution and has resided in the City during the twelve
months imraediatel~' preceding the election. The Council shall be
the final judge.. of the qualifications and election of its own me ers.
CHAPTER ~V
COUNCIL
Section 13. Meetin s. The Council shall hold a regular
meeting at least onee eac month in the City at a time and at a
:place which it designates. It shall adopt rules for the government
of its members and proceedings. The Mayor upon his own ~rotion may,
or at the request of three members of the Council, shall, by gs.ving
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notice thereof to all. members of the Council then in the City, call
a special meeting of the Council.. Special meetings of the Council
may also be held at any time by the common consent of all members of
the Council. Notice of such meetings shall be given to all members
of the Council and to the public in a manner to be determined by
the Council, consistent with .the applicable. general laws. of he
state..
Section 14. Quorum. A majority of members of the Council
shall constitute a quorum for its business, but a smaller number.
may meet anal compel the attendance of absent members in a manner
provided by ordinance..
Section 15. Record of Proceedings. The Co~sncil shall cause
a record of its proceed,ngs~to be kept.,. and. the ayes and nays upon
any question.before it .shall be taken and entered .into the record.
Section 16. Proceedings to be Public. No action by the
.Council shall .have legal effect unless the motion for the action
and the vote by which it is disposed of take place. at proceedings
open to. the public.
Section 17. Mayor's Functions at Council Meetings.. The
Mayor shall be Chairman of the Council and preside over its deli-
berations. He shall not have a vote. on all questions before it,
except in case of a tie vote, in which case he shall .have power to_~
.vote and must vote either in the affirmative or in the negative.
_; Se shall have authority to preserve order, enforce the rules of. the
Council, and determine the order-of business under the rules of the
Council.
Section 18. President of the Council. At its first
meeting after this charter takes effect and thereafter at its .first
meeting of each odd-numbered year, the Council shall elect a Presi-
dent from its membership. In the Mayor°s absence from a Council
meeting, the President shall ;preside over it. Whenever the Mayor
is unable to perform the functions of his office, the President.
shall act as .Mayor, but shall not thereby forfeit ..his vote.
Section 19. Vote Required. Except as this charter other-
wise provides, the. concurrence of a majority of the members of the
Council present at a Council meeting shall be necessary to decide
any question. before the Council...
CHAPTER V
POWERS AND .DUTIES OF AFFICE'RS
Section 20. Ma or. The Mayor shall appoint 'che committees
provided by tie .rules o t e Council. He shall sign all records of
proceedings approved by the Council. The Mayor must, within five
(5) days after the passage of any ordinance or resolution either
.approve or veto the same, and no ordinance ar resolution shall go
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into effect until approved by the Mayor or passed by °~he Council
over his veto. The Mayor shall, in case he vetoes any ordinance
or resolution, file such veto with the City officer designated by
the Council for said purpose by ordinance, together with reasons
for his disapproval, which veto and message of disapproval shall,
at the next meeting of the Council, be read, and such ardinance or
resolution. be gut upon. its passage again, and if four Councilmembers
shall vote in the affirmative, it shall beeome a law without the
Mayor's approval., but not otherwise..
Section 21. Ci~t~ Administrator. The City Admanistr~tor
will be the administrative ead of the government of the City, and
shall be appointed by the Council without regard to political con®
siderations and solely with reference to his executive and admini- _
strative qualifications.- The powers and duties of the Administrator
....shall be as ,follows.
(1) He .shall devote his entire time to the discharge of
his official duties, attend all meetings of the Council. .less
excused therefrom by the Council or the Mayor, keep the Council ~
advised at all times of the affairs and needs of the Gity, and make°
reports annually, or more frequently if requestedby the Council, on
allthe a~fairsand departments of the City.
(2) He shall see that all ordinances are enforced and
that the provisions of all franchises, leases, contracts, permits,
and privileges granted by .the City. are observed.
(3) The Administrator shall .appoint and~may remove City
employees, except as this charter otherwise provides, and shall have
.general supervision and control over them. and their work with power
to transfer an employee from one department to another. He shall.
supervise the departments to the end of ®btaining the utmost effi-
ciency in each. of them. Be shall have no eontrol, however, over the
.Mayor, Council or thejudicial activities of the. Municipal Judge.
(4) He shall aet as purchasing agent forall departments
of the.City.
(5) He shall. be responsible .for preparing and submitting
to the budget committee the annual budget estimates and such reports
as that body requests.
(6) ~e shall supervise the operation of all public utili-
ties owned and operated. by the City and .shall have general .super-
vision over. all City property.
(7) He shall .perform such other duties as shall be speci-
fled. by the Council.
Sectie~n 22. Munici al Jud e. The Municipal Judge shall be
the judicial of icer of the City.- He shall hold within the City a
court known as the Municipal Court for the City of Central Point,
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Jackson County, Oregon. The court shall be open for the transaction
of judicial business at times specified by the Council. A11 area
within the City shall be within the territorial jurisdiction of the
court. The Municipal Judge shall exercise original and exclusive
jurisdiction of all offenses defined and made punishable by ordi-
nances of the City and of all actions brought to recover or enforce
forfeitures or penalties defined or authorized by ordinances of
the City. He shall. have authority to issue process for the
arrest of any person accused of an .offense against the ordinances
of the City, to commit any such person to jail or admit him to
.bail. pending trial, to issue subpoenaes, to compel witnesses to
appear and testify in court on the trial of any cause before him,
to compel obedience to such subpoenaes, to issue any process neces-
sary to carry .into effect_.the-judgments of the court, and to punish
witnesses and others for contempt of court. When not governed by
ordinances or this charter, all proceedings in the Municipal Court
for the violation of a City ordinance shall ;be governed by the
.applicable general laws of the state governing justices of the
peaceand justice courts.
.CHAPTER VI ~ ~
....ELECTIONS
Section 23. Regular Elections... Regular City elections
shall be held at the same times. and places,as biennial general state
elections, in accordance with applicable state election laws. The
Council shall cause at least ten days notice of. each regular City
election to be given by posting notice thereof at a conspicuous
place in the City Hall and in one public place in each voting
precinct of the City. The notice shall. state the officers to `be
elected, the ballot title of each measure to be voted upon :and .the
time and..place of the election.
Section 24. Special Elections. The Council shall provide .
the time, manner and means for holds g special elections, in accordance
with applicable state election laws. The Council shall cause at
least ten days notice of special elections. to be given in the manner
required for regular City .elections.
Section 25. Regulation of Elections. Except as this
:charter provides of erwise and as the Council provides otherwise by
ordinances relating to elections, the general laws of the state shall
..apply to the conduct of all City elections, recounts of the -returns
therefrom, and contests. thereof.
Section 26. Canvass of Returns. In all elections, the
Council shall, no latex'_than the first regularly scheduled Council
meeting following receipt from the County Clerk of the certification
of election results, meet and. canvass the returns. The result
of all elections shall be entered in the reeord of the proceedings
of the Council. The entry shall. state the total number of votes
cast at the election, the votes cast for each person and for and
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against each proposition, the name of each person elected to
affice, the office to which he has been elected, and a reference
to each measure enacted or approved. Immediately after the canvass
is completed, the City Administrator shall make and sign a certifi®
sate of election of each. person elected and deliver the. certificate
~o him within thirty days after the canvass. A certificate so made
and delivered. shall be prima facie evielence of the truth of the
statements contained in it.
Section 27. The votes. In the event of a tie vote for
candidates for an elective of ice, the successful .candidate shall
be determined by a public drawing of lots in a manner .prescribed
by the Council,.
Section 28. Commencement. of Terms of Office. The term
bf office o a person elected at a rag ar City a action shall ~~
commence the first day of .the .year immediate7.yfollowing the.
election.
Section 29. Oath. of Office. Before entering upon the
duties of his office, each officer shall take an oath or shall '~`
affirna that he .will support the constitutions and. caws of the
~7nited States and of Oregon-and that he will faithfully perform.
the duties of .his .office,
Section 30. Nominations. _A qualified elector who .has
resided in the City during the .twelve months immediately preceding
an election .may be nominated for an elective'City office to be-
filled at the election.. The -.nomination hall be by a getition
- that specifies the office .sought and shall .be in a form prescribed
by the Council. The petition shall be signed by not fewer than
twenty eleetors. No elector shall sign more than one petition for
each office to be filled at the election. If he does so, his sig®
nature shall be valid only on the first sufficient petition filed.-
. for the office. The signatures to a nomination petition need not
all be .appended on one paper, but to each separate paper of the
petition. shall be attached an affidavit of the circulator thereof,
indicating the number of .signers of the paper and stating that each
signature appended thereto was made in his presence and is the
genuine signature of the person whose name it purports to be. Oppo~
site each signature shall be stated the signer°s place of residence,
identified by its street and .number or other sufficient designation.
All nomination papers comprising a petition shall_be assembled and
filed with the .City Administrator as .one instrument not earlier
than ninety days nor later than thirty days before the election.
The City Administrator shall make a record of the exact time at
which each petition is filed and shall take and preserve the name
and address of the person by whom it isfiled. If .the petition is
not signed by the required number of qualified electors, the City
.Administrator shall. notify the candidate and the person who filed
the petition within five days after the. filing. If the petition
is insufficient in any other particular, the City Administrator
shall return it immediately to the person who filed it, certifying
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in writing wherein the petition is insufficient. The deficient
petition may be amended and filed again as a new petition, or a
substitute petition for the same candidate. may be filed, within
the regular time for filing nomination petitions. The City Adminip
strator shall notify an eligible .person of his nomination, and that
person shall file with the City Administrator his written acceptance
of nomination, in such form as the Council may require, within five
days of notification of nomination. Upon receipt of the acceptance
of nomination, the City Administrator hall cause the nominee's
name to be printed on the ballots. The petition of nomination
for a successful candidate at an election shall be preserved in
the office of the City Administrator until the term of .office
for which. the .candidate is sleeted expires..
"CHAPTER VII
,.VACANCIES IN OFFICE .
Suction 31. What Creates Vacanc An office shall be
deemed vacant upon the incumbent s death., adjudicated incompetence,.
. conva.ction of a felony or any offense pertaining to his office®r -•~
unlawful destruction of public records, resignation, recall.,., ceasing
to possess the qualifications for the office, failure_of a person
..elected or appointed to the office to qualify therefor within ten,
days after the time for his term-of office to .commence, and in
the case of a Mayor or Councilmember, upon. his absence from the
City for thirty days without the consent of the Council or upon
his absence from meetings of the Council for 60 .days without like
consent and upon a declaration by the Council of the vacancy. ~In
addition to the above grounds, an appointive office shall be deemed
vacant upon .removal fromofficepursuant to .Section 10 of .this
charter.
Section 32. Fillin of Vacancies. Vacant elective
offices in the City shall be filled by appointment. In the event
of the vacancy of the office of Mayor; the appointment shall be
by a majority vote of the City Council. In the event of a vacancy
in the City Council, appointment shall be by the Mayor; however,
a majority vote.of the Council shall. be required to validate the
appointment. The appointee°s term of office>shall begin immediately
upon his appointment and shall continue throughout the unexpired
term of his predecessor. During the temporary disability of any.
elected officer, his office may be filled pro tem in tr3e manner
provided for filling vacancies in. office permanently....
CHAPTER VIII
. ORDINANCES
Section 33. Enactin Clause. The enacting clause of
all ordinances hereafter enacted s al be '°The people of the City.
of. Central. Point do ordain as follows:°'.
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,ec•tion 34. Mode of Enactment®
(1) Except as otherwise provided in this sect~.on, every
ordinance of the Council shall, before being put upon. its final
..passage, be read fully and distinctly in two separate regularly
scheduled Council Meetings.
(2) The Council may by majority vote waive the reading
in full of any ordinance, whereupon the same may be read by title
only, and the Council may by majority vote waive the requirement of
reading at two separate Council meetings, but the reasons for such
a waiver shall be openly stated and shall appear in the minutes®
Said waivers may be ineorporatecl into the motion to .adopt the ordi~-
nance.
(3) upon the final vote on an ordinance, the ayes and
nays of the members shall be taken and entered in the minutes.
(4) upon enactment of an ordinance, the same shall be
signed by the Mayor, with said signature to be attested to by a
City officer to be designated by the Council by ordinance, and
the ordinance shall then.be either approved or vetoed by the Mayor
in accordancewith.Section 20 of this Charter.. •
Section 35. mien Ordinance flakes Effect. An ordinance
.enacted. by the Counc~.l s all take e fact on the thirtieth day after
its enactmento however in the case of an emergency, the nature of
:which shall be described in the ardinance, the Council may provide
ghat it shall take effect immediatel~i.
C TER IX
PLYBLIC IMPROVEMENTS
Section 36. Condemnation. Any necessity of taking
property for the City by condemnation shall be determined ay the
Council and declared. by a resolution of the Council .describing the
property and stating the uses to which itshall bedevoted.
Section 37. Improvements. The procedure of making,
altering, vacating, or abandoning a public improvement shall be
governed by general ordinance., or to the extent not so governed,
by the applicable general laws of the State.. Action on any proposed
public improvement, except a sidewalk or except an improvement
unanimously declared by the Council to be needed at once because
of an emergency, shall be suspended for six months upon a remon-
strance thereto by the owners of two-thirds of the land to be
specially assessed therefor. Ln this section °'owner" shall mean
-the record holder of legal title, or where land is being purchased
under' a land sale .contract recorded or verified in writing by the
record holder of legal title to the land, the purchaser shall be
.deemed the "owner°°a
..g~,
Sectian ~~ . S~eclal AsSESSi[lent s ® The pracedure for
levying, collecting and enforcing die payment ®f special assess
manta for public improvements or other services to be charged
against. real property shall be governed by general ordinance or
to the extent not so governed, by the applicable general laws of
the state.
Section 39. Bids. A contract in excess of the amount
established y the Council for a public improvement to be made by
a private contractor shall be let to the lowest respr~nsible bidder
for the contract and. shall be done in accardance with.. plans and
specifications approved by the Council.
CHAPTER X
MISCE~,7~TEOUS PROVISIONS.
Section 4.0. Existing Ordinances Continued. All ord~.-
nances o.f the City not.in conflict with this charter and in farce.
when it takes .effect shall remain in effect until amended or >,~
appealed.
Section ~1. Repeal of Previously Enacted Provisions. .All
charter provisions of t,e City enacted prior to the. time that this
charter takes effect are hereby .repealed except far the following...
provisionso
~. Article ?LX~III, adopted dune 4, 1951. authorizing a
continuing 15 mill levy not subject to the limitations in Article
~I, Section 11 of the Oregon Constituti®n, for general operating
expenses. of the City;
~@ Ar°ticle XXVIII, adopted June 3, 1969 authorizing general
obligati®n bonds far sewage. facilities.
Section ~2. I"ime of Effect of Charter. I`his charter.
shall tike effect. T~ecember 3 , .
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