CITY OF PHOENIX CHARTER
Preamble
We, the people of Phoenix, Oregon,
in order to avail ourselves of self-determination in municipal
affairs to the fullest extent now or hereafter possible under
the constitutions and laws of the United States and the state
of Oregon, through this charter confer upon the city the following
powers, subject it to the following restrictions, prescribe
for it the following procedures and governmental structure,
and repeal all previous charter provisions of the city.
Chapter 1
NAMES AND BOUNDARIES
Section 1. TITLE OF CHARTER.
This charter may be referred to as the 1998 Phoenix Charter.
Section 2. NAME OF CITY.
The city of Phoenix, Oregon, continues under this charter
to be a municipal corporation with the name city of Phoenix.
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 II
POWERS
Section 4. POWERS OF THE CITY.
The city has all powers that the constitutions, statutes,
and common law of the United States and of this state now
or hereafter expressly or impliedly grant or allow the city,
as fully as though this charter specifically enumerated each
of those powers.
Section 5. CONSTRUCTION OF POWERS.
In this charter, no specification of a power is exclusive
or restricts authority that the city would have if the power
were not specified. The charter shall be liberally construed,
so that the city may exercise fully all its powers possible
under this charter and under United States and Oregon law.
All powers are continuing unless a specific grant of power
clearly indicates the contrary.
Section 6. DISTRIBUTION OF POWERS.
Except as this charter prescribes otherwise and as the Oregon
Constitution reserves municipal legislative power to the voters
of the city, all powers of the city are vested in the council.
Chapter III
FORM OF GOVERNMENT
Section 7. COUNCIL.
The council shall be composed of six councilors elected from
the city at large or, in case of one or more vacancies in
the council, the council members whose offices are not vacant.
Section 8. COUNCILORS.
The term of office of a councilor in office when this charter
is adopted is the term of office for which the councilor has
been elected or appointed before adoption of the charter (or
is elected at the time of the adoption). At each general election
after the adoption, three councilors shall be elected, each
for a four-year term.
Section 9. MAYOR.
The term of office of the mayor in office when this charter
is adopted continues until the first council meeting of the
first odd-numbered year after adoption. At each subsequent
general election, a mayor shall be elected for a two-year
term.
Section 10. TERMS OF OFFICE.
The term of office of an elective officer who is elected at
a general election begins at the first council meeting of
the year immediately after the election and continues until
the successor to the office assumes the office. Each councilor
is limited to no more than two consecutive terms of office.
The mayor is limited to no more than three consecutive terms
of office.
Section 11. APPOINTIVE OFFICES.
A majority of the council may:
(1) Create, abolish and combine appointive
City offices and,
(2) Except as the majority prescribes
otherwise, fill such offices by appointment and vacate them
by approval.
Chapter IV
COUNCIL
Section 12. RULES.
The council shall, by ordinance, prescribe rules to govern
its meetings and proceedings.
Section 13. MEETINGS.
The council shall meet in the city regularly at least once
a month at a time and place designated by council's rules,
and may meet at other times in accordance with the rules.
The mayor upon his own motion, or by the written request of
three councilors, shall call a special meeting. Notice of
said special meeting will be given in accordance with state
statutes.
Section 14. QUORUM.
A majority of the council constitutes a quorum for its business,
but a smaller number of the council may meet and compel attendance
of absent councilors as prescribed by council rules. For the
purpose of reaching a quorum, the mayor shall be deemed a
councilor.
Section 15. RECORD OF PROCEEDINGS.
A record of council proceedings shall be kept by some mechanical
device, as well as, manually. The mechanical record shall
be retained as provided for under state law.
Section 16. MAYOR'S FUNCTIONS AT COUNCIL
MEETINGS.
(1) When present at council meetings
the mayor shall:
(a) Preside over deliberations of the
council,
(b) Preserve order,
(c) Enforce council rules, and
(d) Determine the order of business
under the
rules.
(2) Notwithstanding subsection (1)
of this section, the
mayor may temporarily cease to chair a council
meeting and delegate the functions described in
subsection (1) to another council member.
(3) The mayor shall not vote except
in case of a tie vote
of the Council members present.
Section 17. COUNCIL PRESIDENT.
(1) At the first meeting of each odd-numbered
year, the
council shall appoint a president from its councilors.
(2) Except in voting on questions before
the council, the
president shall function as mayor when the mayor
is:
(a) Absent from a council meeting,
or
(b) Unable to function as mayor.
(3) When there is a vacancy in the
office of mayor, the
Council President shall become mayor and shall no
longer be considered a council member.
Section 18. COUNCIL VICE-PRESIDENT.
(1) At the first meeting of each odd-numbered
year, the
council shall appoint a vice-president from its
councilors.
(2) Except in voting on questions before
the council, the
vice-president shall function as mayor when the
mayor and president are:
(a) Absent from a council meeting,
or
(b) Unable to function as mayor.
Section 19. VOTE REQUIRED.
Except as this charter prescribes otherwise, the express concurrence
of a majority of the council members present and constituting
a quorum is necessary to decide affirmatively a question before
the council.
Section 20. VACANCIES:
Occurrence.
The office of mayor or of a member of the council becomes
vacant:
(1) Upon the incumbent's:
(a) Death,
(b) Adjudicated incompetence, or
(c)
Recall from the office; or
(2) Upon declaration by the council
of the vacancy in
case of the incumbent's:
(a) Failure, following election or
appointment to
the office, to qualify for the office within
three (3) days after the time for the term of
office to begin,
(b) Absence from the city for thirty
(30) days or
from all meetings of the council within a 45-
day period without the council’s consent,
(c) Ceasing to reside in the city,
(d) Ceasing to be a qualified elector
under state
law,
(e) Conviction of a public offense
punishable by
loss of liberty, or
(f) Resignation from the office.
Section 21. VACANCIES:
Filling.
(1) A vacancy in the council shall
be filled by
appointment by a majority of the council. The
appointee’s term of office shall be:
(a) The remainder of the term of the
predecessor
who left the office vacant, provided the
remainder of the term is 29 months or less,
or
(b) If there are 30 or more months
remaining in
the term, the appointee shall serve until the
first council meeting of the next year
following the next general election. The
position shall then be filled at that election to
serve the remaining two years of the term.
(2) A vacancy in the office of mayor
shall be filled by the
council president for the remainder of the vacated
term.
(3) A vacancy in the position of council
president shall be
filled by council appointment of a council president at
the next council meeting.
(4) Appointment of a council president
shall be followed
immediately by appointment of a council vice-
president.
Chapter V
POWERS AND DUTIES OF OFFICERS
Section 22. MAYOR.
The mayor shall appoint the committees provided for under
the rules of the council and other persons required by the
council to be so appointed. The mayor shall have no veto power
and shall sign all ordinances passed by the council within
three (3) days after their passage.
Section 23. MUNICIPAL COURT AND JUDGE.
(1) 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 Phoenix, Jackson County, Oregon.
(2) Except as this charter or city
ordinance prescribes to
the contrary, proceedings of the court shall conform
to general laws of this state governing justices of the
peace and justice courts.
(3) All area within the city and, to
the extent provided
by state law, area outside the city is within the
territorial jurisdiction of the court,
(4) The municipal court has original
jurisdiction over
every offense that an ordinance of the city makes
punishable. The court may enforce forfeitures and
other penalties that such ordinances prescribe.
(5) The municipal judge may:
(a) Render judgments and, for enforcing
them,
impose sanctions on persons and property
within the court’s territorial jurisdiction;
(b) Order the arrest of anyone accused
of an
offense against the city;
(c) Commit to jail or admit to bail
anyone
accused of such an offense;
(d) Issue and compel obedience to subpoena’s;
(e) Compel witnesses to appear and
testify and
jurors to serve in the trial of matters before
the court;
(f) Penalize contempt of court;
(g) Issue process necessary to effectuate
judgments and orders of the court;
(h) Issue search warrants; and
(i) Perform other judicial and quasi-judicial
functions prescribed by ordinance.
(6) The council may authorize the municipal
judge to
appoint municipal judges pro tem for terms of office
set by the judge or the council.
(7) Notwithstanding this section, the
council may
transfer some or all of the functions of the municipal
court to an appropriate state court.
Section 24. 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 the purpose and sign all orders on the treasurer. The
recorder shall designate a clerk of the council pro tem to
serve in the absence of the recorder and to have all the authority
and duties of the recorder while acting in that capacity.
Chapter VI
ELECTIONS
Section 25. STATE LAW.
Except as this charter or a city ordinance prescribes to the
contrary, a city election shall conform to state law applicable
to the election.
Section 26. QUALIFICATIONS.
(1) An elective city officer shall
be a qualified elector
under the state constitution and shall have resided in
the city during the 12 months immediately before
being elected or appointed to the office. In this
subsection “city” means area inside the city limits
at
the time of the election or appointment.
(2) No person may be a candidate at
a single election for
more than one elective city office.
(3) An elective officer may be employed
in a city position
that is substantially volunteer in nature. Whether
the position is so may be decided by the municipal
court or in some other manner, whichever the council
prescribes.
(4) Except as subsection (3) of this
section provides to the
contrary, the council is the final judge of the election
and qualification of its members.
(5) The qualifications of appointive
officers of the city are
whatever the council prescribes or authorizes.
Section 27. NOMINATIONS.
A person may be nominated in a manner prescribed by general ordinance to run for
an elective office of the city.
Section 28. OATH OF OFFICE.
Before assuming city office, an officer shall take an oath or shall affirm that
he or she will faithfully perform the duties of the office and support the
constitution and laws of the United States and of the state of Oregon. and the
charter and laws of the city of Phoenix.
Chapter VII
ORDINANCES
Section. 29. ORDAINING CLAUSE.
The ordaining clause of an ordinance shall be “The city of Phoenix ordains as
follows:”
Section. 30. ADOPTION BY COUNCIL.
(1)
Except as subsection (2) of this section allows
adoption at a single meeting and subsection (3) of
this section allows reading by title only, an ordinance
shall be fully and distinctly read in open council
meeting on two different days before being adopted by
the council.
(2)
Except as subsection (3) of this section allows reading
by title only, the council may adopt an ordinance at a
single meeting by the express unanimous votes of all
council members present, provided the ordinance is
read first in full and then by title.
(3)
A reading of an ordinance may be by title only if:
(a) No council member present at
the reading
requests that the ordinance be read in full or
(b)
At least one week before the reading:
(i) A copy
of the ordinance is provided
for each council member,
(ii) Three
copies of the ordinance are
available for public inspection in the
office of the
custodian of city records
(iii)
Notice of their availability is given
by written
notice posted at the city
hall and two
other public places in
the city.
(4) An ordinance read by title only has no legal effect if it
differs substantially from its terms as it was filed
prior to the reading unless each section so differing is
read fully and distinctly in open council meeting
before the council adopts the ordinance.
(5) Upon the adoption of an ordinance, the ayes and nays
of the council members shall be entered in the record
of council proceedings.
(a)
After adoption of an ordinance, the custodian
of city records shall endorse it with its date of
adoption and the endorser’s name and title of
office.
Section 31. ORDINANCE EFFECTIVE DATE.
An ordinance adopted by the council shall take effect on the 30th day after its
adoption. When the council deems it advisable, however, an ordinance may
provide a later date for it to take effect. In case of an emergency, an
ordinance takes effect immediately, with an affirmative vote of not less than
four (4) members of the council present at the meeting.
Chapter VIII
PUBLIC IMPROVEMENTS
Section 32. PROCEDURE.
(1) 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 applicable state law. A remonstrance of
the owners of two-thirds of the frontage of the
property to be specifically affected by such an
improvement shall defeat such a motion or petition,
in which event no further action to effect the
improvement shall be taken for six months.
(2) In this section, "owner" means the record
holder of
legal title or, as to land being purchased under a
land sale contract that is recorded or verified in
writing by the record holder of legal title, the
purchaser.
Section 33. SPECIAL ASSESSMENTS.
The procedure for fixing, levying, and collecting special assessments against
real property for public improvements or other public services shall be governed
by general ordinance.
Chapter IX
MISCELLANEOUS PROVISIONS
Section 34. ANNEXATION.
In addition to the requirements of state law, any annexation to the city of
Phoenix may be approved or denied by the council unless a majority vote of the
electorate is requested by a verified petition signed by 100 registered voters
of the city of Phoenix or five (5) percent of the voters registered in the city
at the time the verified petition is filed, whichever is greater.
Section 35. DEBT.
The city's indebtedness may not exceed debt limits imposed by state law. A city
officer or employee who creates or officially approves indebtedness in excess of
this limitation is jointly and severally liable for the excess. A charter
amendment is not required to authorize city indebtedness.
Section 36. CONTINUATION OF ORDINANCES.
Insofar as consistent with this charter, and until amended or repealed, all
ordinances in force when the charter takes effect retain the effect they have at
that time.
Section 37. REPEAL.
All charter provisions adopted before this charter takes effect are hereby
repealed.
Section 38. SEVERABILITY.
The terms of this charter are severable. If a part of the charter is held
invalid, that invalidity does not affect another part of the charter, except as
the logical relation between the two parts requires.
Section 39. TIME
OF EFFECT.
This charter takes effect January 1, 1999.
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