Charter does not affect annexations, says city
- Clinton Vining
- Estacada News - News
Proposed charter, Measure 3-256, gives city manager power to hire, fire city recorder
The City of Estacada will ask voters to vote on a refurbished city charter on the Nov. 7 ballot.
Some sections of the current charter, adopted in 1977, are considered legally obsolete. Others have been updated for political correctness.
A Citizens' Charter Review Committee proposed the new charter after two years of review, multiple public input sessions and full legal review, according to Estacada City Recorder Denise Carey.
Much of the 10-page document has changed, but most of the changes are fixing grammatical errors, eliminating gender references (the 1977 charter speaks only of the male gender) and moving paragraphs around to create a more consistent flow.
For example, the current 1977 charter reads, 'The council shall be composed of a mayor and six councilmen elected from the city at large.' The charter proposed as Measure 3-256 reads, 'The council consists of a mayor and six councilors nominated and elected by positions from the city at large.'
A question was raised by a citizen at last week's Estacada News-sponsored Meet the Candidates Forum if the new charter would give the council the power to make annexation decisions without sending it to a vote of the people. It will not.
The 1977 charter was amended Nov. 3, 1998 to comply with state law and give the voters annexation power. The proposed charter reads almost the same in Chapter 1, Section 3, 'Unless mandated by State Law, annexation to the City of Estacada must be approved by a majority vote of electors.'
Mayoral candidate Kay Nelson told attendees at last week's debate that she's not in favor of the proposed charter because it gives the city manager the task of hiring a city recorder, taking that duty away from the council. Nelson said she doesn't want to give the city manager any power that should be the council's.
City Councilors Becky Arnold and Michele Conditt argued that the council is not in the business of micromanaging city business. Their job is to create city policy, they said, and the manager should hire staff.
The new charter also eliminates the requirement to fully read every new ordinance at two meetings for approval. It proposes the ordinance is not read twice, but still voted on at two meetings. With a council quorum's approval-if the ordinance had been available in writing to the public for at least one week before the meeting-an ordinance could be passed at one meeting.
Sections outlining allowable debt limits and the conduct of elections were amended to conform to state law. Sections on legislative, administrative and quasi-judicial authority were added to clearly outline the process of adopting ordinances, resolutions and orders.
If voters approve Measure 3-256, the new charter would take effect Jan. 1, 2007.
Both the 1977 charter and the proposed charter are available online at www.estacadanews.com, and at City Hall, 475 S.E. Main St. Citizens are encouraged to contact City Hall, 503-630-8286, with any questions regarding the proposed charter.
(Proposed) CITY OF ESTACADA CHARTER OF 2006
We the voters of Estacada, Oregon exercise our power to the fullest extent possible under the Oregon Constitution and laws of the state, and enact this Home Rule Charter.
NAMES AND BOUNDARIES
Section 1. Title. This charter may be referred to as the 2006 Estacada Charter.
Section 2. Name of City. The City of Estacada, Oregon continues as a municipal corporation with the name 'City of Estacada.'
Section 3. Boundaries. The City includes all territory within its boundaries as they now exist or are legally modified. Unless mandated by State Law, annexation to the City of Estacada must be approved by a majority vote of electors. The city will maintain as a public record an accurate and current description of the boundaries.
Section 4. Powers. The City has all powers that the constitutions, statutes and common law of the United States and Oregon expressly or impliedly grant or allow the city, as fully as though this charter specifically enumerated each of those powers.
Section 5. Construction. The charter will be liberally construed so that the City may exercise fully all powers possible under this charter and under United States and Oregon law.
Section 6. Distribution. The Oregon Constitution reserves initiative and referendum powers as to all municipal legislation to city voters. This charter vests all other city powers in the council except as the charter otherwise provides. The council has legislative, administrative and quasi-judicial authority. The council exercises legislative authority by ordinance, administrative authority by resolution, and quasi-judicial authority by order. The council may not delegate its authority to adopt ordinances.
Section 7. Council. The council consists of a mayor and six councilors nominated and elected by positions from the city at large.
Section 8. Mayor. The mayor presides over and facilitates council meetings, preserves order, enforces council rules, and determines the order of business under council rules. The mayor is a voting member of the council and has no veto authority. With consent of council, the mayor appoints members of commissions and committees established by ordinance or resolution. The mayor must sign all records of council decisions. The mayor serves as the political head of the city government.
Section 9. Council President. At its first meeting each year, the council must elect a president from its membership. The president presides in the absence of the mayor and acts as mayor when the mayor is unable to perform duties.
Section 10. Rules. The council must by resolution adopt rules to govern its meetings.
Section 11. Meetings. The council must meet at least once each month at a time and at a place designated by its rules, and may meet at other times in accordance with the rules.
Section 12. Quorum. A majority of the council members is a quorum to conduct business, but a smaller number may meet and compel the attendance of absent members as prescribed by council rules.
Section 13. Vote Required. The express approval of a majority of a quorum of the council present is necessary for any council decision, except when this charter requires approval by a majority of the council.
Section 14. Record. A record of council meetings must be kept in a manner prescribed by the council rules.
Section 15. Ordinances. The council will exercise its legislative authority by adopting ordinances. The enacting clause for all ordinances must state, 'The City of Estacada ordains as follows:'.
Section 16. Ordinance Adoption.
(a) Except as authorized by subsection (b), adoption of an ordinance requires approval by a majority of the council at two meetings.
(b) The council may adopt an ordinance at a single meeting by the approval of a quorum of the council, provided the proposed ordinance is available in writing to the public at least one week before the meeting.
(c) Any substantive amendment to a proposed ordinance must be read aloud or made available in writing to the public before the council adopts the ordinance at that meeting.
(d) After the adoption of an ordinance, the vote of each member must be entered into the council minutes.
(e) After adoption of an ordinance, the city custodian of records must endorse it with the date of adoption and the custodian's name and title.
Section 17. Effective Date of Ordinances. Ordinances normally take effect on the 30th day after adoption, or on a later day provided in the ordinance. An ordinance may take effect as soon as adopted or other date less than 30 days after adoption if it contains an emergency clause.
Section 18. Resolutions. The council may delegate or exercise its administrative authority by approving resolutions. The approving clause for resolutions may state, 'The City of Estacada resolves as follows:'.
Section 19. Resolution Approval.
(a) Approval of a resolution or any other council administrative decision requires approval by the council at one meeting.
(b) Any substantive amendment to a resolution must be read aloud or made available in writing to the public before the council adopts the resolution at that meeting.
(c) After approval of a resolution or other administrative decision, the vote of each member must be entered into the council minutes.
(d) After approval of a resolution, the city custodian of records must endorse it with the date of approval and the custodian's name and title.
Section 20. Effective Date of Resolutions. Resolutions and other administrative decisions take effect on the date of approval, or on a later day provided in the resolution.
Section 21. Orders. The council may delegate or exercise its quasi-judicial authority by approving orders. The approving clause for orders may state 'The City of Estacada orders as follows:'.
Section 22. Order Approval.
(a) Approval of an order or any other quasi-judicial decision requires approval by the council at one meeting.
(b) Any substantive amendment to an order must be read aloud or made available in writing to the public at the meeting before the council adopts the order.
(c) After approval of an order or other quasi-judicial decision, the vote of each council member must be entered in the council minutes.
(d) After approval of an order, the city custodian of records must endorse it with the date of approval and the custodian's name and title.
Section 23. Effective Date of Orders. Orders and other quasi-judicial decisions take effect on the date of final approval, or on a later day provided in the order.
Section 24. Councilors. The term of a councilor in office when this charter is adopted is the term for which the councilor was elected. At each general election after the adoption, three councilors will be elected for four-year terms.
Section 25. Mayor. The term of the mayor in office when this charter is adopted continues until the beginning of the first odd-numbered year after adoption. At every each general election after the adoption, a mayor will be elected for a two-year term.
Section 26. State Law. City elections must conform to state law except as this charter or ordinances provide otherwise. All elections for city office must be nonpartisan.
Section 27. Qualifications.
(a) The mayor and each councilor must be qualified electors under state law, and must have resided within the city for at least one year immediately before election or appointment to office.
(b) No person may be a candidate at a single election for more than one city office.
(c) Neither the mayor nor a councilor may be employed by the city.
(d) The council is the final judge of the election and qualifications of its members.
Section 28. Nominations. The council must adopt an ordinance prescribing the manner for a person to be nominated to run for mayor or a city councilor position.
Section 29. Terms. The term of an officer elected at a general election begins at the first meeting of the year immediately after the election, and continues until a successor qualifies and assumes the office.
Section 30. Oath. The mayor and each councilor must swear or affirm to faithfully perform the duties of the office and support the constitutions and laws of the United States and Oregon.
Section 31. Vacancies. The mayor or a council office becomes vacant:
(a) Upon the incumbent's
(2) Adjudicated incompetence
(3) Recall from office, or
(4) Resignation from the office.
(b) Upon declaration of vacancy by the council after the incumbent's:
(1) Failure to qualify for the office within 10 days of the time the term of office is to begin,
(2) Absence from the city for 30 days without council consent, or from all council meetings within a 60-day period,
(3) Ceasing to reside in the city,
(4) Ceasing to be a qualified elector under state law,
(5) Conviction of a public offense punishable by loss of liberty, or
(6) Removal under Section 33 (i) of this charter.
Section 32. Filling Vacancies. A mayor or councilor vacancy shall be filled by appointment by a majority of the remaining council members. An appointee's term of office runs from appointment until expiration of the term of office of the last person elected to that position. If a temporary disability prevents a council member from attending more than two consecutive regular council meetings, or a member is absent from the city for more than two consecutive regular council meetings, a majority of the council may appoint a councilor pro tem for that position to serve until the disabled councilor returns to the position.
Section 33. City Manager.
(a) The office of city manager is established as the administrative head of the city government. The city manager is responsible to the mayor and council for proper administration of all city business. The city manager will assist the mayor and council in the development of city policies, and carry out policies established by ordinances and resolutions,
(b) A majority of the council must appoint and may remove the manager. The appointment must be made without regard to political considerations and solely on the basis of skill, education and experience in competencies and practices of local government management.
(c) Although the manager will be encouraged to live inside the city limits, the manager need not reside in the city.
(d) The manager may be appointed for a definite or an indefinite term and may be removed at any time by a majority of the council. The council must fill the office by appointment as soon as practicable after a vacancy occurs.
(e) The manager must:
(1) (1) Attend all council meetings unless excused by the mayor or council;
(2) (2) Make reports and recommendations to the mayor and council about the needs of the city;
(3) (3) Administer and enforce all city ordinances, resolutions, orders, franchises, leases, contracts, permits, and other city decisions;
(4) (4) Appoint, supervise and remove city employees;
(5) (5) Organize city departments and administrative structure;
(6) (6) Prepare and administer the annual city budget;
(7) (7) Manage city utilities and property;
(8) (8) Encourage and support regional and intergovernmental cooperation;
(9) (9) Promote cooperation among the council, staff and citizens in developing city policies and building a sense of community;
(10) (10) Perform other duties as directed by the council;
(11) (11) Delegate duties, but remain responsible for acts of all subordinates.
(f) The manager has no authority over the council or over the judicial functions of the municipal judge.
(g) The manager and other employees or consultants designated by the council may sit at council meetings but have no vote. The manager may take part in all council discussions.
(h) When the manager is temporarily disabled from acting as manager or when the office of manager becomes vacant, the council must appoint a manager pro tem. The manager pro tem has the authority and duties of the manager, except that a manager pro tem may appoint or remove employees only with council approval.
(i) No council member may directly or indirectly attempt to coerce the manager or candidate for the office of manager in the appointment or removal of any city employee, or in the administration of city property, contracts, or other matters within the authority of the manager's office. Violation of this prohibition is grounds for removal from office by a majority of the council after a public hearing. In council meetings, councilors may discuss or suggest anything with the manager relating to city business.
(j) Neither the manager's spouse nor any person related to the manager or his spouse by consanguinity or affinity within the second degree may hold any appointive office or employment with the city.
Section 34. City Attorney. The office of city attorney is established as the chief legal officer of the city government. A majority of the council must appoint and may remove the attorney.
Section 35. City Recorder. The recorder shall serve ex officio as clerk of the council, attend all its meetings unless excused therefrom by the council, keep an accurate record of its proceedings, and sign orders on the treasury. The City Manager must appoint and may remove the City Recorder.
Section 36. Municipal Court and Judge.
(a) A majority of the council may appoint and remove a municipal judge. The municipal judge shall be a member of the Oregon Bar. A municipal judge will hold court in the city at such place as the council directs. The court will be known as the Municipal Court.
(b) All proceedings of this court will conform to state laws governing justices of the peace and justice courts.
(c) All areas within the city are within the territorial jurisdiction of the court.
(d) The municipal court has jurisdiction over every offense created by city ordinance. The court may enforce forfeitures and other penalties created by such ordinances. The court also has jurisdiction under state law unless limited by city ordinances.
(e) The municipal judge may:
(1) (1) Render judgments and impose sanctions on persons and property;
(2) (2) Order the arrest of anyone accused of an offense against the city;
(3) (3) Commit to jail or admit to bail anyone accused of a city offense;
(4) (4) Issue and compel obedience to subpoenas;
(5) (5) Compel witnesses to appear and testify and jurors to serve for trials before the court;
(6) (6) Penalize contempt of court;
(7) (7) Issue processes necessary to enforce judgments and orders of the court;
(8) (8) Issue search warrants;
(9) (9) Perform other judicial and quasi-judicial functions assigned by ordinance.
(f) The council may appoint and may remove municipal judges pro tem.
(g) The council may transfer some or all of the functions of the municipal court to an appropriate state court.
Section 37. Compensation. The council must authorize the range of compensation of city officers and employees as part of its approval of the annual city budget. However, no councilor may receive compensation for serving in that capacity, but may receive reimbursement for expenses as provided by resolution of the council.
Section 38. Merit Systems. The council by resolution will determine the rules governing recruitment, selection, promotion, transfer, demotion, suspension, layoff, and dismissal of city employees based on merit and fitness.
Section 39. Procedure. The council may by ordinance provide for procedures governing the making, altering, vacating, or abandoning public improvements. A proposed public improvement may be suspended for six months upon remonstrance by owners of the real property to be specially assessed for the improvement. The number of owners necessary to suspend the action will be determined by ordinance.
Section 40. Special Assessments. The procedure for levying, collecting and enforcing special assessments for public improvements or other services charged against real property will be governed by ordinance.
Section 41. Debt. City indebtedness may not exceed debt limits imposed by state law. A charter amendment is not required to authorize city indebtedness.
Section 42. Ordinances Continuation. All ordinances consistent with this charter and in force when it takes effect shall remain in effect until amended or repealed.
Section 43. Repeal. All charter provisions adopted before this charter takes effect are repealed.
Section 44. Severability. The terms of this charter are severable. If any provision is held invalid by a court, the invalidity does not affect any other part of the charter.
Section 45. Time and Effect. This charter shall take effect ___________, 20 ____.
CITY OF ESTACADA CHARTER OF 1977
TO PROVIDE FOR THE GOVERNMENT OF THE CITY OF ESTACADA, CLACKAMAS COUNTY, OREGON; AND TO REPEAL ALL CHARTER PROVISIONS OF THE CITY ENACTED PRIOR TO THE TIME THAT THIS CHARTER IS ENACTED EXCEPT A PORTION OF SECTION 21 OF THE ESTACADA CHARTER OF 1905.
Be it enacted by the people of the City of Estacada, Clackamas County, Oregon:
Names and Boundaries
Section 1. Title of Enactment. This enactment may be referred to as the 'Estacada Charter of 1977.'
Section 2. Name of City. The City of Estacada, Clackamas County, Oregon shall continue to be a municipal corporation with the name of 'City of Estacada.'
Section 3. Boundaries. The City shall include all territory encompassed by its boundaries as they now exist or hereafter are modified, as provided herein: unless mandated by State Law, annexation (delayed or otherwise) to the City of Estacada may only be approved by a prior majority vote among the electorate. (Amended during General Election, 11/3/98)
Section 4. Power 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. 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 the laws and to the municipal home rule provisions of the constitution of the state.
Form of Government
Section 6. Where Powers Vested. Except as this charter provides otherwise, all powers of the City shall be vested in the council.
Section 7. Council. The council shall be composed of a mayor and six councilmen elected from the City at large.
Section 8. Councilmen. The councilmen in office at the time this charter is adopted shall continue in office, each until the end of his term of office as fixed by the charter of the City in effect at the time this charter is adopted. At each biennial general election after this charter takes effect, three councilmen 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. The term of office of the mayor in office when this charter is adopted shall continue until January 1, 1979.
Section 10. Other Officers. Additional officers of the City shall be a city manager, a treasurer, a municipal judge, a recorder and such other officers as the council deems necessary. Each of these officers shall be appointed by the mayor with the consent of the council and may be removed by the mayor with the consent of the council. The council may combine any two or more appointive city offices.
Section 11. Salaries. The compensation for the services of each city officer and employe shall be whatever amount the council fixes, except that the mayor and councilmen shall receive no compensation for their services as such officers.
Section 12. Qualifications of Officers. No person shall be eligible to fill an elective office of the City unless at the time of his election he is a qualified voter within the meaning of the state constitution and has resided in the City one year immediately preceding the election.
Section 13. Meetings. The council shall hold a regular meeting at least once each month at a time and at a place in the City which it designates and 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 notice thereof to all members of the council then in the City, call a special meeting of the council for a time not earlier than three nor later than 48 hours after the notice is given. Special emergency meetings of the council may be held at any time by the consent of all members of the council.
Section 14. Quorum. A majority of the members of the council shall constitute a quorum for it to do business, but a smaller number may meet and compel the attendance of absent members in a manner provided by ordinance.
Section 15. Journal. The council shall cause a journal of its proceedings to be kept. Upon the request of any of its members, the ayes and nays upon any question before it shall be taken and a record of the vote entered in the journal.
Section 16. Meetings to be Public. All deliberations and proceedings of the council shall be public.
Section 17. Mayor's Functions at Council Meetings. The mayor shall be chairman of the council and preside over its deliberations. 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. He shall have a vote on all questions before it.
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 by ballot shall elect a president from its membership. In the mayor's absence from a council meeting, the president shall preside over it. Whenever the mayor is unable, on account of absence, illness, or other cause, to perform the functions of his office, the president of the council shall act as mayor.
Section 19. Vote Required. Except as this charter otherwise 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.
Powers and Duties of Officers
Section 20. Mayor. The mayor shall appoint the committees provided for under the rules of the council. He shall sign all approved records of proceedings of the council. Upon the approval of the council, he shall endorse all bonds of officers of the city and all bonds for licenses, contracts and proposals, and countersign all orders on the treasury.
Section 21. City Manager.
(a) Qualifications. The city manager shall be the administrative head of the government of the City. He shall be chosen by the council without regard to political considerations and solely with reference to his executive and administrative qualifications. He need not be a resident of the City or of the state at the time of his appointment. Before taking office, he shall give a bond in such amount and with such surety as may be approved by the council. The premiums on such bonds shall be paid by the City.
(b) Terms. The manager shall be appointed for an indefinite term and may be removed at the pleasure of the council. Upon any vacancy occurring in the office of manager after the first appointment pursuant to this charter, the council at its next meeting shall adopt a resolution of its intention to appoint another manager. Not later than four months after adopting the resolution, the council shall appoint a manager to fill the vacancy.
(c) Powers and duties. The powers and duties of the manager 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 and make reports annually, or more frequently if requested by the council, of all the affairs and department 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) He shall appoint and may remove appointive City officers and employes except as this charter otherwise provides, and shall have general supervision and control over them and their work, with power to transfer an employe from one department to another. He shall supervise the departments to the end of obtaining the utmost efficiency in each of them. He shall have no control, hoverer, over the council or over the judicial activities of the municipal judge.
(4) He shall act as purchasing agent for all departments of the City.
(5) He shall be responsible for preparing and submitting to the budget committee and annual budget estimates and such reports as that body requests.
(6) He shall supervise the operation of all public utilities owned and operated by the City and shall have general supervision over all City property.
(7) He shall meet with private citizens and interested groups seeking information or bringing complaints and shall attempt to resolve problems and complaints fairly or report same to the council.
(8) Until changed by general ordinance, he shall perform all duties assigned to the administrator by ordinances existing at the time this charter is adopted.
(d) Seats at council meetings. The manager and such other officers as the council designates shall be entitled to sit with the council but shall have no vote on questions before it. The manager may take part in all council discussions, except when deemed otherwise by the council.
(e) Interference in administration and elections. No member of the council shall, directly or indirectly, by suggestion or otherwise, attempt to influence or coerce the manager in making of any appointment or removal of any officer or employe or in the purchase of supplies; or attempt to exact any promise relative to any appointment for any candidate for manager; or discuss directly or indirectly with him the matter of specific appointments to any City officer and employment. A violation of the foregoing provisions of this section shall forfeit the office of the offending member of the council. Nothing in this section shall be construed, however, as prohibiting the council while in open session from fully and freely discussing with or suggesting to the manager anything pertaining to City affairs or the interest of the City. Neither the manager nor any person in the employ of the City shall take part in securing, or contributing any money toward, the nomination or election of any candidate for a municipal office.
(f) Ineligible persons. Neither the manager's spouse nor any person related to the manager or his spouse by consanguinity or affinity within the third degree may hold any appointive office or employment with the City.
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 Estacada, Clackamas County, Oregon.' The court shall be open for the transaction of judicial business sat 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 crimes and offenses defined and make punishable by ordinances of the City and all actions brought to recover or enforce forfeitures and penalties defined or authorized by an ordinance 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 subpoenas, to compel witnesses to appear and testify in court on the trial of any cause before him, to compel obedience to such subpoenas, to issue any process necessary to carry into effect the judgments of the court, and to punish witnesses and others for contempt of the 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 applicable general laws of the state governing justices of the peace and justice courts. Witnesses in the municipal court shall be entitle to no compensation for their attendance unless the council, by ordinance, shall otherwise provide.
Section 23. Recorder. The recorder shall serve ex officio as clerk of the council, attend all its meetings unless excused therefrom by the council, keep an accurate record of its proceedings in a book provided for that purpose, and sign all orders on the treasury. In his absence from a council meeting, the mayor shall appoint a clerk of the council pro tem, who, while acting in the capacity, shall have all the authority and duties of the recorder.
Section 24. Regular Elections. Regular City elections shall be held at the same times and places as biennial general state elections, in accordance with the applicable state election laws.
Section 25. Notice of Regular Elections. The recorder, pursuant to directions from the council, shall give at least 10 days notice to each regular City election 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 at, the ballot title of each measure to be voted upon, and the time and place of the election.
Section 26. Special Election. The council shall provide the times, manner and means for holding any special election. The recorder shall give at least 10 days notice of each special election in the manner provided by the action of the council ordering the election.
Section 27. Regulation of Elections. Except as this charter provides otherwise and as the council provides otherwise and as the council provides otherwise by ordinances relating to elections, the general laws of the state apply to the conduct of all City elections, recounts of the returns therefrom, and contests thereof.
Section 28. Canvass of Returns. In all elections held in conjunction with state and county elections, the state laws governing the filing of returns by the county clerk shall apply. On or before noon of the day following each special City election, the returns therefrom shall be filed with the recorder, and not later than five days after the election the council shall meet and canvass the returns. The results of all elections shall be made a matter of record in the journal of the proceedings of the council, which shall contain a statement of the total number of votes cast at each election, the votes cast for each person and for and 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 recorder shall make and sign a certificate of election of each person elected and deliver the certificate to him within one day after the canvass. A certificate so made and delivered shall be prima facie evidence of the truth of the statements contained in it, except that the council shall be the final judge of the qualifications and election of its own members, subject, however, to review by any court of competent jurisdiction. In the event of a tie vote for candidates for any elective office, the successful candidate shall be determined by a public drawing of lots in manager prescribed by the council.
Section 29. Commencement of Terms of Office. The term of office of a person elected to an office at a regular City election shall commence the first of the year immediately following the election.
Section 30. Oath of Office. Before entering upon the duties of his office, each officer shall take an oath 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 31. Nominations. Any qualified elector may be nominated to be a candidate for election to the council, if he has resided in the City for one year immediately preceding the time that his name is submitted to the voters. The name of such an elector shall be printed upon the ballot whenever a petition and a written acceptance of nomination, both in substantially such form as the council prescribes, have been filed in his behalf with the recorder. Such a petition shall be signed by not fewer than 20 electors. No elector shall sign more than one such petition for the same office. If he signs two or more of them for the same office, his signature shall be valid only on the first petition filed. The signatures to a nomination petition need not all be appended to 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. With each signature shall be stated the place of residence of the signer, identified by its street and number or other description sufficient to identify it. All nomination papers comprising a petition shall be assemble and filed with the recorder as one instrument not earlier than 90 nor later than 70 days before the election. The recorder 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. Within five days after the filing, the recorder shall notify the candidate and the person who filed the petition whether or not it is found to be signed by the required numbers of qualified electors. If it is found insufficient, the recorder shall return it immediately to the person who filed it, with a statement certifying wherein the petition is insufficient. Within the regular time allowed for the filing of nomination petitions, such a petition may be amended and filed again as a new petition, or a different petition may be filed for the same candidate. Any eligible person placed in nomination as hereinbefore provided shall have his name printed on the ballots for the election if, within five days after notification to him by the recorder of the nomination, an acceptance of nomination is filed with the recorder on his behalf. The nomination petition for a successful candidate for election to the council shall be preserved in the office for which the candidate is elected.
Vacancies in Office
Section 32. What Creates Vacancy. An office shall be deemed vacant upon the incumbent's death, incompetence; conviction of a felony; resignation or absence from the City for 30 days without the consent of the council in the case of mayor or councilman; upon the incumbent's ceasing to possess the qualifications necessary for his office; or upon the failure of the person elected or appointed to an office to qualify therefor within three days after the time for his term of office to commence; and in the case of mayor or councilman; upon his absence from meeting of the council for 60 days without the consent of the council.
Section 33. Filling of Vacancies. Vacancies in elective office of the City shall be filled by appointment by a majority of the entire membership of the council. 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 officer, or during his absence temporarily from the City for any cause, his office may be filled pro tem in the manner provided for filling vacancies in office permanently.
Section 34. Enacting Clause. The enacting clause of all ordinances hereafter enacted by the council shall be: 'The City of Estacada ordains as follows:'
Section 35. Introduction, Reading and Passage. Every ordinance shall be fully and distinctly read in open council meeting on two different days previous to being put upon its final passage. Any ordinance, however, may be introduced, read twice, once in full and once by title, and put on its final passage at a single meeting by a unanimous vote of all members of the council present at the meeting. Upon the final vote on any ordinance, the ayes and nays of the members of the council shall be taken and recorded in the journal. If the ordinance passes, the recorder shall endorse it with the date of its passage and his name and title of office; and, within three days thereafter, the mayor shall sign it with the date of his signature, his name and title of his office. The failure of the mayor to sign any ordinance within the time prescribed shall not prevent the ordinance from becoming law. Ordinances shall become effective on their date of adoption unless otherwise stated in the ordinance.
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 is to be devoted.
Section 37. Improvements. The procedure for 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.
Section 38. Special Assessments. The procedure for determining the amounts of special assessments, their apportionment to various parcels of property, and the property upon which they are to be levied; for giving notices to property owners and other interested parties; for hearings on and levy of the assessments; for creating and enforcing assessment liens; and for taking any other action relating to the assessments shall be governed by the applicable laws of the state relating to special assessments or by general ordinances enacted by the council.
Section 39. Bids. A contract in excess of $500.00 for a public improvement to be made by a private contract 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.
Section 40. Debt Limit. Except by consent of the voters, the City's voluntary floating indebtedness shall not exceed 80 percent of the ad valorem taxes upon real and personal property theretofore levied and in the process of collection for the tax year in which the indebtedness [is] incurred, and 80 percent of other budgeted and unpledged revenues which the council estimates will be received from other sources during such tax year. This section shall not apply to short-term warrants or promissory notes issued to evidence an indebtedness for the interim financing of a public improvement, the cost of which may be assessed against benefited property or the cost of which any agency of the state or federal government has previously agreed in writing to pay. Add bonded indebtedness, except bonds to be paid for assessments levied against benefited property, must be approved by consent of the voters. All City officials and employes who create or officially approve any indebtedness in excess of this limitation shall be jointly and severally liable for the excess.
Section 41. Existing Ordinances Con-tinued. All ordinances of the City consistent with this charter and in force when it takes effect shall remain in effect until amended or repealed.
Section 42. 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 that portion of Section 21, Paragraph 3, of the Estacada 1905 Charter as follows:
'Neither the sheriff nor tax collector of Clackamas County nor said county shall receive fees or compensation for collecting such taxes.'
Section 43. Time and Effect of Charter. This charter shall take effect August 10, 1977.
Section 44. The purpose of this charter provision is to insure that new development bear the full cost of existing and future capital improvements affected by the development.
Section 45. The City of Estacada shall impose system development charges upon new development associated with public capital improvements, including connections to such improvements, to the extent allowed by State law and subject to any limitations provided by federal and state constitutions and laws of the State of Oregon. System development charges shall include reimbursement fees to the City of Estacada for the costs of increased usage of existing capital improvements by new developments. System development charges shall also include improvement fees for an equitable share of projected capital improvements required to increase the capacity of improvements associated with new development. Applicants for new development permits shall pay system development charges determined in accordance with a methodology designed to allocate to new development the full cost of existing and proposed capital improvements to the extent associated with the new development. Payment of system development charges may be deferred at the discretion of the city to no later than issuance of a certificate of occupancy. The system development charges and the methodology for their determination shall be periodically updated to reflect amendments to the City of Estacada capital improvement plan and other relevant factors.
Section 46. As used in this provision, all definitions of terms shall be as defined by the laws of the State of Oregon, and, in addition, 'Development' means:
(1) The first establishment of a use involving the construction or the placing of structure upon a parcel of land that was not occupied by any structure prior to that event; or
(2) Any construction, alteration or change of occupancy which increases the usage of any capital improvement or which creates additional demand upon existing capital improvements.
Section 47. If any part of this charter provision violates the Constitution of the United States, or the Constitution of Oregon, or the laws of either, it alone will be invalidated, and the remainder of this charter provision shall remain in force.
Section 48. The City of Estacada shall implement this charter provision within 90 days of its passage.
(Chapter XI, §§ 44--48 passed in the Special Election, May 18, 1999.)