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HomeMy WebLinkAboutOrdinance 1473ORDINANCE NO. 1473 AN ORDINANCE SUBMITTING A PROPOSED NEW CHARTER TO THE VOTERS OF THE CITY AT THE NOVEMBER 2, 1982 GENERAL ELECTION WHEREAS, the City Council, following extensive study and research, has determined that a new charter is necessary and desirable for the proper conduct of City government, and that the existing charter and all amendments thereto except those expressly reserved should be repealed, now, therefore, THE PEOPLE OF THE CLTY OF CENTRAL POINT DO ORDAIN AS FOLLOWS: Section 1. That the. following measure be, and the same is hereby, approved and adopted and proposed for submission to the legal voters of the City of Central Point for their approval or rejection at the regular City election to be held on November 2, 1982, as in this ordinance provided:. MEASURE SUBMITTED TO THE LEGAL VOTERS OF THE CITY OF CENTRAL POINT BY THE CITY COUNCIL ENACTING a new Charter for the City of Central Point, Oregon, .and repealing the Charter of 1889 and amendments thereto, except those sections and amendments expressly reserved from repeal, which sections and amendments shall remain in full force and effect. If approved by the voters, the new Charter is to take effect on December 31, 1982. A copy of said proposed new Charter is attached hereto, marked Exhibit "A" and by this reference incorporated herein. Add- Page 1 - Ordinance No. 1473 tional copies on are file in the City Recorder's office and open and available for inspection. Section 2. The ballot title. for the foregoing measure is adopted as followsa 51. City of Central Point Revised Charter. Mark a cross. (x) or a check mark ( ) in the voting square after the word "YES°' or after the word "NO" indicating your choice. Question: Shall the City of Central Point adopt a new charter? Explanationz The purpose of this measure is to repeal the 1889 City Charter and amendments, except certain sections and amendments expressly reserved from repeal, and to adopt a new Charter.. The new Charter eliminates unnecessary and outmoded provisions, clarifies ambiquties, and preserves existing structure of city government. If approved, the new Charter becomes effective December 31, 1982. /~ Yes, I vote for new Charter.. / % No, I vote against new Charter. Section 3. The precincts, polling places, election officials and hours of election shall be the same as those designated, appointed and set within the City for the statewide general election to be held November 2, 1982. Section 4. The City Recorder is hereby ordered and directed to give notice of said election in the manner required by the Charter and ordinances of the City of Central Point, Oregon and the law of the State of Oregon, and is further ordered and directed to keep copies of said measure to be voted upon at her office for inspection by any legal voter of the City. The form of notice is to be as follows: Page 2 - Ordinance No. 1473 NOTICE OF MEASURE ELECTION CENTRAL POINT, JACKSON COUNTY, OREGON Notice is hereby given that on Tuesday, November 2, 1982 an election will be held in Central Point, Jackson County, Oregon on the question of the adoption of a new City Chartere The polls will be open from 8x00 a.m. to 8.00 p.m, and the polling places for said election will be: 1. Central Point Elementary School Gymnasium, 450 S. 4th Street, Central Point, Oregon. 2. Crater High School Gymnasium, 4410 Rogue Valley Blvd., (Highway) Central Point, Oregon. The full measure is open for examination at the office of the City Recorder, City Hall, Central Point, Oregon. Section 5. Legal voters of the City of Central Point, Oregon shall be entitled to vote in said election. Section 6. The City Recorder is directed to certify to the County Clerk the foregoing measure in the manner prescribed by law for municipal measures to be included on the ballot for general elections. Passed by the Council and signed by me in authentication of its passage this 22ndday of July 1982. ATTESTc ~. ~. _ =City Recorder ,~ ,.~ ~.. <.. ~_ n ~' ~ tom' ~' ..;; ~' Mayor Approved by me this ? r~ day of ,T„~v 1982.. ~,, .,d- " Ma or ' Page 3 - Ordinance No. 1473 CITY OF CENTRAL POINT CHARTER OF'1982 A CHARTE R To provide for the government of the City of Central Point, Jackson County, Oregon; and to repeal all charter provisions of the City enacted prior to the time that. this charter takes effect, except as herein otherwise provided. Be it enacted by the people of the City of Central Point, Jackson County, Oregon: CHAPTER I NAME AND BOUNDARIES Section 1. Title of Enactment.. This enactment may be referred to as the City of Central Point Charter of 1982. Section 2. Name of City. The municipality of Central Point, Jackson County, Oregon, shall continue to be a municipal corporation with the name "City of Central Point" Section 3. Boundaries. The City shall include all terr- 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 time during regular City office hours. CHAPTER II POWERS Section 4. Powers of the City. The City shall have all powers which the constitutions, statutes and common law of the United 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. In 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 be liberally construed to the end that the City may have all powers necessary or convenient for the conduct of its municipal affairs, including all powers that. cities may assume pursuant to state laws and to the municipal home rule provisions. of the State Constitution. -1- EXHIBIT A CHAPTER III FORM OF GOVERNMENT Section 6. Where Powers Vested, The powers of the City shall be vested in the Council, except as otherwise provided in this charter. Section 7. Council. The Council shall be composed of a mayor and six Councilmembers elected from the City at large, provided, however, that the Council shall have the right by ordi- nance to establish wards and to designate one or more Councilmembers to be elected by ward. Section 8. Councilmembers. Each Councilmember in office at the time this charter is adopted shall continue until the end of his term in 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 election, a Mayor shall be elected for a term of two years. Section 10. Other Officers. Additional officers of the City shall be a City Administrator, a Municipal Judge, and such other officers as the Council deems necessary. Each of these officers shall 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 appointive officers except the Municipal Judge in the exercise of his judicial functions. Section 11. Salaries. The compensation for the services of each City officer and employee shall be the amount fixed by the Council.. Section 12, Qualifications of Officers. No person shall be eligible for an elective office of the City unless at the time of his election he is a qualified elector within the meaning of the State Constitution and has resided in the. City during the twelve months immediately preceding the election. The Council shall be the final judge of the qualifications and election of its own members. CHAPTER IV COUNCIL Section 13. Meetings. The Council shall hold a regular meeting at least once each 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 motion may, or at the request of three members of the Council, shall, by giving -2- 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 the state. Section. l4. Quorum. A majority of members of the Council shall constitute a quorum for its business, but a smaller number may meet and compel the attendance of absent members in a manner provided by ordinance. Section 15. Record of Proceedings. The Council shall cause a record of its proceedings 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. He 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 OFFICERS Section 20. Mayor. The Mayor shall appoint the committees provided by the rules of the 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. or resolution shall go -3- into effect until approved by the Mayor or passed by the 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 ordinance or resolution be put upon its passage again, and if four Councilmembers shall vote in the affirmative, it shall become a law without the Mayor°s approval., but not otherwise. Section 21. City Administrator. The City Administrator will be the administrative head 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 admin- 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 unless excused therefrom by the Council or the Mayor, keep the Council advised at all times of the affairs and needs of the City, and make reports annually, or more frequently if requested by the Council, on all the affairs and 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 obtaining the utmost effi- ciency in each of them. He shall have no control, however, over the Mayor, Council or the judicial activities of the Municipal Judge. (4) He shall act as purchasing agent for all departments of the City. (5) He shall to the budget committee as that. body requests. (6 ) Fie shall ties owned and operated vision over all City pry be responsible for preparing and submitting the annual budget estimates and such reports supervise the operation of all public utili- by the City and shall have general super- ~perty. (7) He shall perform such other duties as shall be speci- fied by the Council< Section 22. Municipal Judge. The Municipal Judge shall be the judicial officer of the City. He shall hold within the City a court known as the Municipal Court for the City of Central Point, -4- Jackson County, Oregon, The court shall be open for the transaction of judicial business at times specified by the Council. All 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 ord- 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 peace and 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 holding 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 otherwise 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 later 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 record 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 -5- against each proposition, the name of each person elected to office, 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- cate of election of each person elected anal deliver the certificate to him within thirty days after the canvass. A certificate so made and delivered. shall be prima facie evidence 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 office, 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 of office of a person elected at a regular City election shall commence the first day of .the year immediately following the election. Section 29. Oath of Office. Before entering upon the duties of his office, each officer shall take an oath or shall affirm that he will support the constitutions and laws of the United 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 shall be by a petition 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 electors, 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 is filed. 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 _6_ 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 Admini- 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 shall 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 elected expires. CHAPTER VII VACANCIES IN OFFICE Section 31. What Creates Vacancy. An office shall be deemed vacant upon the incumbent°s death, adjudicated incompetence, conviction of a felony or any offense pertaining to his office or 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 from office pursuant to Section 10 of this charter. Section 32. Filling 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 the manner provided for filling vacancies in office permanently. CHAPTER VIII ORDINANCES Section 33. Enacting Clause. The enacting clause. of all ordinances hereafter enacted shall be "The people of the City of Central Point do ordain. as follows:'°> -7- Section 34. Mode. of Enactment. (1) Except as otherwise provided in this section, 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 incorporated 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 accordance with Section 20 of this Charter. Section 35. When Ordinance Takes Effect. An ordinance enacted by the Council shall take effect on the thirtieth day after its enactment; however in the case of an emergency, the nature of which shall be described in the ordinance, the Council may provide that it shall take effect .immediately. CHAPTER IX PUBLIC IMPROVEMENTS Section 36, Condemnation. Any necessity of taking property for the City by condemnation shall be determined by the Council and declared by a resolution of the Council describing the. property and stating the uses to which it shall be devoted. 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. In 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". -8- Section 38. Special Assessments. The procedure for levying, collecting and enforcing the payment of special assess- ments 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 by the Council for a public improvement to be made by a private contractor shall be let to the lowest responsible bidder for the. contract and shall be done in accordance with plans and specifications approved by the Council. CHAPTER X MISCELLANEOUS PROVISIONS Section 40. Existing Ordinances Continued. All ordi- nances of the City not.n conflict with this charter and in force when it takes effect shall remain in effect until amended or appealed. Section 41. Repeal of Previously Enacted Provisions. All charter provisions of the City enacted prior to the time that this charter takes effect are hereby repealed except for the following provisions: A. Article XXXIII, adopted June 4, 1951 authorizing a continuing 15 mill levy not subject to the limitations in Article XI, Section 11 of the Oregon Constitution, for general operating expenses of the City. B. Article XXVIII, adopted June 3, 1969 authorizing general obligation. bonds for sewage facilities. Section 42. Time of Effect of Charter. This charter shall take effect December 31, 1982. -9-