CHARTER INDEX
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Assessments |
Levying, collecting, enforcement, by ordinance |
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Boundaries, City |
Designated |
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Charter |
Construction of provisions |
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Effective date |
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Repeal of previously enacted provisions |
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Severability of provisions |
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Title of enactment |
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City |
Powers, generally |
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Council, City |
Composition designated |
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Majority rule policy |
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Meetings, held when, where |
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Presidential election |
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Quorum
Section |
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Recordation of proceedings |
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Rules, regulations promulgation |
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Term |
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Court, Municipal |
Held when |
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Elections |
Conformance to state law required |
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Nominations |
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Oath of office |
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Office commencement when |
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Tie votes |
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Government |
Form designated, generally |
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Improvements |
Governing procedure, generally |
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Indebtedness, City |
Limits |
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Judge |
Office created |
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Manager, City |
Appointment, powers, duties |
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Mayor |
Election, term, duties |
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Name, City |
Designated |
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Officers, City |
See also Specific Officer |
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Elective officers
eligibility requirements |
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vacancy |
cause |
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filling |
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Generally |
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Ordinances |
Adoption |
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Effective date |
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Enactment |
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Existing, continued |
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Utilities |
Fees, charges, assessment authority |
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Sections 1--5
A CHARTER
To provide for the government of the City of
Scappoose, Columbia County, Oregon; and to repeal all
Charter provisions of the City enacted prior to the time
that this Charter takes effect.
Be it enacted by the People of the City of Scappoose,
Columbia County, Oregon:
CHAPTER 1
Section 1. Title of
Enactment. This enactment may be referred to as the City
of Scappoose Charter of 2010.
Section 2. Name of City.
The City of Scappoose, Columbia County, Oregon, shall
continue to be a municipal corporation with the name of
“City of Scappoose.”
Section 3. Boundaries.
The City includes all territory within its boundaries as
they now exist or hereafter are modified pursuant to state
law. The custodian of the City’s records shall keep an
accurate, current description of the boundaries and make a
copy of it available for public inspection in the City
during regular City office hours.
CHAPTER 2
Section 4. Powers of the
City. The City shall have all the powers which the
constitution, 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.
The City shall exercise the power of eminent domain
pursuant to state law, but shall not condemn property for
the sole purpose of economic development.
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
the 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.
CHARTER PAGE 4
(Scappoose 11/11)
Sections 6--13
CHAPTER 3
Section 6. Form of
Government. The City of Scappoose shall have a
Council/Manager form of government. Legislative authority
shall reside in the Council. Administrative functions shall
be carried out by a City Manager.
CHAPTER 4
Section 7. Council. The
Council consists of a mayor and six councilors elected from
the City at large who are residents of the City.
Section 8. Councilors.
The term of office of each councilor in office when this
Charter is adopted is the term of office for which the
councilor has been elected at or before adoption of the
Charter. (or is elected at the time of the adoption). At
each biennial general election, after the adoption, three
councilors shall be elected, each for a four-year term.
Section 9. Rules. The
Council shall, by ordinance, prescribe rules to govern its
meetings and proceedings.
Section 10. Meetings.
The Council shall hold a regular meeting at least once each
month in the City at a time and place which it designates,
and may meet at other times in accordance with Council rules
and State law. All deliberations and meetings of the Council
shall be in accordance with State law.
Section 11. Quorum. A
quorum is a majority of the all seated members of the
Council. A quorum is required to conduct business; however,
a smaller number may meet and require
the attendance of absent members in a manner provided by
ordinance. (Amendment adopted by electorate November 8,
2011)
Section 12. Voting.
Except as this Charter otherwise provides, the concurrence
of a majority of the members of the Council present at a
Council meeting, a quorum being present, shall be necessary
to decide any question before the Council.
Section 13. Record of
Proceedings. The Council shall cause a record of its
proceedings to be kept in accordance with State law.
CHARTER PAGE 5
(Scappoose 11/11)
Sections 14--17
CHAPTER 5
Section 14. Mayor. At
each biennial general election, a mayor shall be elected for
a term of two years. The Mayor shall be Chair of the Council
and preside over its deliberations; shall have a vote on all
questions before it; shall have the authority to preserve
order, enforce the rules of the Council, determine the order
of business, appoint committees with approval of Council,
and sign all ordinances passed by the Council as provided by
the rules of the Council. The Mayor shall have no veto
power. (Amendment adopted by electorate November 8, 2011)
Section 15. President of
the Council. At the first meeting of each odd-numbered
year, the Council shall elect a president from its
membership. In the Mayor’s absence from a Council meeting,
the president shall preside. Whenever the Mayor is unable to
perform the functions of office, the president shall act as
Mayor.
Section 16. Officers.
The City of Scappoose shall have a City Manager, City
Recorder, City Attorney, and such other officers as the
Council deems necessary.
Section 17. City Manager.
The City Manager is the administrative head of the city
government. The office of City Manager shall be appointed,
for a definite or an indefinite term, and may be removed by
a majority of the seated members of
Council. The appointment shall be without regard to
political considerations and solely on the basis of
administrative qualifications. The compensation for the
services of the City Manager shall be the amount fixed by
the Council. Within six consecutive months after a vacancy
occurs in the office, the Council shall fill the vacancy by
appointment. (Amendment adopted by electorate November 8,
2011)
The City Manager shall:
a.
Attend all Council meetings unless excused by the
Council or Mayor;
b.
Keep the Council advised of the affairs and needs of
the City;
c.
Implement provisions of all ordinances;
d.
Implement franchises, leases, contracts, permits, and
privileges granted by the City;
e.
Supervise, discipline, and have authority over
officers and employees;
f.
Hire and terminate officers and employees as
prescribed by rules of the Council;
g.
Organize and reorganize the departmental structure of
city government;
CHARTER PAGE 6
(Scappoose 11/11)
Sections 17--23
h.
Prepare and transmit to the Council an annual city
budget;
i.
Supervise city contracts;
j.
Supervise operation of all city-owned public
utilities and property; and
k.
Delegate the performance of the above duties as
necessary and convenient;
l.
Perform other duties as the Council prescribes
consistent with this Charter.
The City Manager shall have
no authority
over the Municipal Judge with respect to performance of
judicial functions. (Amendment adopted by electorate
November 8, 2011)
Section 18. Municipal
Court and Judge. If the Council creates the office of
Municipal Judge and fills it by appointment, the appointee
shall hold, within the City at a place and times that the
Council specifies, a court known as the Municipal Court for
the City of Scappoose, Columbia County, Oregon.
CHAPTER 6
Section 19. State Law.
Except as this Charter or a City ordinance prescribes to the
contrary, City elections shall conform to State law
applicable to the election.
Section 20. Nominations.
A person may be nominated in a manner prescribed by City
ordinance to seek an elective office of the City.
Section 21. Qualifications
of Elected Officers. No one shall be eligible for an
elective office of the City unless at the time of election
that person is a qualified elector within the meaning of the
State Constitution and has resided in the City during the 12
months immediately preceding the election. The Council shall
be the final judge of the qualifications and election of its
own members, subject to review by a court of competent
jurisdiction.
Section 22. Tie Votes.
In the event of a tie vote for candidates for an elective
office, the successful candidate shall be determined in a
manner prescribed by the Council. (Amendment adopted by
electorate November 8, 2011)
Section 23. Commencement
of Terms of Office. The term of office of a person
elected at a regular City election shall commence at the
first regular meeting of the calendar year immediately
following the election.
CHARTER PAGE 7
(Scappoose 11/11)
Sections 24--27
Section 24. Oath of
Office. Before entering upon the duties of office, each
elected officer shall affirm or take an oath supporting the
constitutions and laws of the United States and of Oregon,
and to faithfully perform the duties of the office.
CHAPTER 7
Section 25. What Creates a
Vacancy. An elective office becomes vacant upon:
(1) the incumbent’s death;
(2) adjudicated incompetence;
(3) conviction of a felony;
(4) resignation;
(5) recall from office.
The City Council shall declare an elective office vacant
upon:
(1) the incumbent’s ceasing to possess the qualifications
necessary for office;
(2) upon the failure of the person elected or appointed to
an office to qualify therefore within three(3)days after the
time for term of office to commence;
(3) upon
absence from the City or from meetings of the
Council for
sixty(60)days without the consent of the Council.
(Amendment
adopted by electorate November 8, 2011)
Section 26. Filling of
Vacancies. Vacant elective City offices shall be filled
by appointment by a majority vote of the remaining members
of Council. The appointee shall serve immediately on
appointment and shall continue until the beginning of the
year following the next general biennial election occurring
more than 100 days after the appointment. At that election,
a successor shall be elected to fill the unexpired term, if
any, of the predecessor in office of the appointee.
(Amendment adopted by electorate November 8, 2011)
CHAPTER 8
ORDINANCES
Section 27. Enacting
Clause. The enacting clause of all ordinances hereafter
enacted shall be, “The City of Scappoose ordains as
follows:”
CHARTER PAGE 8
Sections
28--34
Section 28. Introduction,
Reading, and Adoption. Introduction, reading and
adoption of ordinance shall be in accordance with state
statutes and the rules of the Council.
Section 29. When
Ordinances Take Effect. An ordinance enacted by the
Council shall take effect on the thirtieth (30th) calendar
day after its enactment. When the Council deems it
advisable, an ordinance may provide a later effective date.
If the situation necessitates the immediate preservation of
the public peace, health
and safety of the residents of the City of Scappoose, the
ordinance may take effect upon adoption.
CHAPTER 9
PUBLIC IMPROVEMENTS
Section 30. Improvements.
The procedure for making, altering, 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 31. Special
Assessments. The procedure for levying, collecting, and
enforcing the payment of special assessments for public
improvements or other services to be charged against real
property shall be governed by general ordinance.
Section 32. Fees and
Charges. The City shall have authority to assess fees
and charges for water, sewer, and other public facilities
and services as are allowed by ordinance and state law, and
such fees and charges may be enforced as liens on property
as provided by ordinance.
Section 33. Debt. The
City’s indebtedness may not exceed debt limits imposed by
state law. City officers or employees who create or
officially approve indebtedness in excess of such limitation
are jointly and severally liable for the excess.
Section 34. Existing
Ordinances Continued. All ordinances of the City
consistent with this charter and in force when it takes
effect shall remain in effect until amended or repealed.
CHARTER PAGE 9
(Scappoose 11/11)
Sections 35--37
Section 35. Repeal of
Previously Enacted Charter Provisions. All charter
provisions of the City enacted prior to the time that this
charter takes effect are hereby repealed.
Section 36. Severability.
The terms of this Charter are severable. If any part of the
Charter is held invalid, that invalidity does not affect any
other part of the Charter, except as the logical relation
between the two parts requires.
Section 37. Time of Effect of
Charter. This Charter shall take effect upon
certification of the vote thereon.