HomeMy WebLinkAboutOrdinance 5989 08/27/2001
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ORDINANCE NO. 5989
(General)
AN ORDINANCE CALLING AN ELECTION FOR SUBMITTING TO THE ELECTORS TO
THE CITY OF SPRINGFIELD, OREGON, AT THE GENERAL ELECTION TO BE
HELD THE 6TH DAY OF NOVEMBER 2001, THE FOLLOWING PROPOSED REVISED
CHARTER OF THE CITY OF SPRINGFIELD, TO BE ENTITLED "THE 2001
SPRINGFIELD CHARTER", REFERRED TO THE ELECTORS OF SAID CITY BY THE
COMMON COUNCIL FOR THEIR APPROVAL OR REJECTION, PROVIDING FOR THE
USE OF THE SAME ELECTION BOARDS OR POLLING PLACES FOR SAID
ELECTION AS SHALL BE USED IN THE GENERAL ELECTION, AND ALL ACTS
NECESSARY FOR CARRYING ON SAID ELECTION, AND DECLARING AN
EMERGENCY.
The City of Springfield does ordain:
SECTION 1. That an election shall be held in the City of
Springfield, Lane County, Oregon, On Tuesday, November 6, 2001,
which election shall be held concurrently with the general
election being held within Lane County and the State of Oregon on
said day, and using the same officers, boards and election
machinery. There shall be submitted to the electors and legal
voters of the City for their approval or rejection the following
proposed revised Charter entitled "The 2001 Springfield Charter"
as set forth in Exhibit "A" attached hereto by reference
incorporated herein and made a part therefore as fully and
completely as though set out in full herein.
SECTION 2. The ballot title for the proposed revised Charter for
the City of Springfield as approved or prescribed by the Council
is likewise attached hereto marked Exhibit "B" and by reference
incorporated herein and made a part hereof as fully and completely
as though set forth as full herein.
SECTION 3. The proposed revised Charter measure shall be placed
upon official ballots by the City Recorder to be voted upon by the
electors of the City at said election. The City Recorder may
provide for official ballots by arranging for their insertion upon
election ballots provided by the County Department of Records &
Elections.
SECTION 4. The City Recorder shall provide or cause to be
provided such poll books, ballots, ballot boxes, tally sheets and
other supplies for the hereinafter specified polling places as are
necessary for carrying on of the election which shall be delivered
to the election boards by the City Recorder or shall be caused by
such officer to be delivered thereto.
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SECTION 5. The City and County precincts in the City of
Springfield shall be uniform in boundary and have the same
election boards and polling places in the City, and said election
shall be in the same places as provided by the County of Lane for
the election to be held on the 6th day of November, 2001, and said
Chairmen and Clerks in the election shall be the identical ones
serving in said City of Springfield general election.
SECTION 6. The polls shall be open at each of said polling places
at 7:00 a.m. and shall be closed at 8:00 p.m. on said election day
unless conducted by mail.
SECTION 7. Notice of said election shall be given by the City
Recorder publishing notice thereof in the Springfield News, a
newspaper printed and published in Springfield, Oregon, by two
publications of said notice, the first of which publications shall
not be less than 10 days prior to the time of the election.
SECTION 8. The Common Council declared that this Ordinance is
necessary for the immediate preservation of the public peace,
health and safety, and general welfare of the City of Springfield,
and that an emergency exists and that this Ordinance shall take
effect immediately upon its passage by the Council and approval by
the Mayor of the City.
Passed by the Common Council of the City of Springfield, Oregon
this 27th day of August , 2001 by a vote of 4 in
favor 1 against.
Approved by the Mayor of the
of Augus t , 2 0 0 1 .
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City Recorder
N:\CITY\Charter\Charter Amendments\Ordinance.wpd
REVIEWED & APPROVED
AS,.TO FORM \
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DATE: "6 \ '2- 'l. J ".}cu \
OFFICE OF CITY ATTORNEY
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08/27/01 Revision
Version II
2001 SPRINGFIELD CITY CHARTER
EXHIBIT A - PAGE 1
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PREAMBLE
We, the people of Springfield, Oregon, in order to avail
ourselves of self-determination in municipal affairs to the
fullest extent now or hereafter reserved, granted or allowed by
the constitutions and laws of the united States or 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 Charter provisions of the City operative before this Charter
takes effect.
The 2001 Springfield city Charter Page -2-
EXHIBIT A - PAGE 2
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Chapter I
NAMES AND BOUNDARIES
Section 1. TITLE OF CHARTER. This Charter may be referred to as
the 2001 Springfield Charter.
Section 2. NAME OF CITY. The City of Springfield, Oregon,
continues under this Charter to be a municipal corporation with
the name "City of Springfield.u
Section 3. BOUNDARIES. The City includes all territory within
its boundaries as they now exist as described in the files of the
Custodian of city Records as of November 2001, or hereafter are
modified pursuant to state law. The Custodian of city Records
shall keep an accurate up-to-date description of the boundaries
and make a copy of it available for public inspection in the City
during regular City office hours.
The 2001 Springfield City Charter Page -3-
EXHIBIT A - PAGE 3
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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 the State of Oregon now or hereafter expressly or impliedly
granted or allowed 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 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 as
fully as possible all powers possible for it under this Charter
and under united States and Oregon law. A power of the city
continues unless the grant of the power clearly indicates the
contrary.
Section 6. DISTRIBUTION OF POWERS. Except as this Charter
provides 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 City Council.
The 2001 Springfield City Charter Page -4-
EXHIBIT A - PAGE 4
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Chapter III
FORM OF GOVERNMENT
section 7. COUNCIL. The Council consists of six Councilors, who
shall be nominated by ward of residence and elected from the City
at large. Each of the six Council wards shall be represented on
the Council.
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 before adoption of the
Charter or is elected at the time of the adoption. At each
biennial general November 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 is the term of office for which the
Mayor has been elected before adoption of the Charter or is
elected at the time of the adoption. At each subsequent
quadrennial general November election a Mayor shall be elected
for a four-year term. The Mayor shall be a resident of the City
and elected from the City at large.
section 10. METHOD OF ELECTION AND TERMS.
1.
The first voting for Mayor or Councilor during a year will
take place at the same time and places in the City as the
state-wide biennial primary election that year. Any
candidate for Mayor or City Councilor who receives a
majority of all votes cast at the primary election shall be
declared to be elected to the office for which he or she is
a candidate, effective as of the date of the state-wide
biennial general election and no further elections shall be
held for such office. If at the primary election no
candidate receives such a majority, the two candidates
receiving the two highest numbers of votes cast for the
office shall be the only ones whose names appear as
candidates for that particular office on the ballot for
voting at the same time and place as the state-wide biennial
general election of that year. The candidate who receives a
majority of the votes cast at the state-wide general
The 2001 Springfield City Charter Page -5-
EXHIBIT A - PAGE 5
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election for the office is elected to that office and is
entitled to a certificate of election thereto.
2.
The term of office of an elected City officer who is elected
at a biennial general November election or declared elected
to the office after the primary election commences at the
first January Council Meeting of the year immediately after
the election and continues until the successor to the office
assumes the office.
Section 11. APPOINTIVE OFFICES. A majority of the Council may
appoint and remove a City Manager, City Attorney and Municipal
Judge. The majority may create, abolish and combine appointive
City offices, provided, however, that the offices of Municipal
Judge shall not be combined with either the office of City
Manager or City Attorney.
The 2001 Springfield City Charter Page -6-
EXHIBIT A - PAGE 6
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Chapter IV
POWERS AND DUTIES OF MAYOR AND COUNCIL
Section 12. OPERATING PROCEDURES AND POLICIES. The Council
shall approve and maintain operating procedures and policies
annually.
Section 13. QUORUM. A majority of the Council constitutes a
quorum for its business, but a smaller number of the Council may
meet and compel the attendance of absent Councilors in a manner
prescribed by the Council's rules.
Section 14. MEETINGS. The Council shall meet regularly at least
once a month in the City at a time and public place that the
Council's rules designate. The Council may meet otherwise in
accordance with the rules, which the Council shall adopt by
Ordinance for governing its members and proceedings.
Section 15. RECORD OF PROCEEDINGS. The Council shall cause a
record of its proceedings to be kept and authenticated in a
manner that it prescribes.
Section 16. POWERS AND DUTIES OF THE MAYOR. The Mayor is the
Chief Elected Officer of the City. The Mayor shall:
1. Preside over the deliberations of the Council;
2. On behalf of the Council after consultation with the Council
President, identify and oversee the timing of issues to come
to the attention of the Council;
3 .
Vote only in case of a tie;
4.
Deliver an annual message to the Council at the start of
each calendar year, including the condition of the City,
financial and otherwise and recommend such measures for the
peace, health, improvement and prosperity of the City as may
be deemed expedient;
5 .
Approve or disapprove all Ordinances as prescribed in
Chapter IX Ordinances;
The 2001 Springfield City Charter Page -7-
EXHIBIT A - PAGE 7
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6.
Appoint members of Committees as prescribed by the Council
Operating Procedures and Policies;
7. Sign such contracts and governmental agreements as directed
by the city Council;
8. Appoint special mayoral committees on matters of City-wide
concern.
Section 17. COUNCIL PRESIDENT. At its first meeting in January
after this Charter takes effect and thereafter at its first
meeting in January of each odd-numbered year, the Council shall
appoint a President from its Councilors. The Council President
shall function as Mayor when:
1. The Mayor is absent from a Council meeting, or
2. The Mayor is unable to function as Mayor.
The President of the Council shall not lose a vote while
presiding, but shall not gain an additional vote by reason of
presiding.
section 18. VOTE REQUIRED. Except as Sections 11, 13, 18, 20,
31 and 32 of this Charter provide otherwise, the express
concurrence of a majority of the Council present when a quorum of
the Council is present decides a question before the Council.
Section 19. VACANCIES: OCCURRENCE. The position of Mayor or
Council member becomes vacant upon the incumbent's:
1.
Death;
2.
Adjudicated incompetence;
3.
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Conviction of a felony while in office;
4.
Unlawful destruction of City records;
5.
Resignation;
6.
Recall from the office;
The 2001 Springfield city Charter Page -8-
EXHIBIT A - PAGE 8
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Ceasing to possess the qualifications for the office;
8 .
Failure, following election or appointment to the office, to
qualify for the office within ten days after the time for
his or her term in office to begin;
9. Non-residence in the ward for Council members, or non-
residence in the City for Mayor;
10. Unexcused absences from four consecutive regular Council
meetings.
Section 20. VACANCIES: FILLING. A vacancy in the Councilor in
the position of Mayor shall be filled by appointment by a
majority of the Council. The appointee's term of office runs
from the time of his or her qualification for the office after
the appointment and shall continue until the beginning of the
year following the next general biennial election and until a
successor is qualified. The successor for the unexpired term
shall be chosen at the next general biennial election after said
appointment. During a Council member's disability to serve on
the Councilor during the member's excused absence from the City,
a majority of the other members of the Council may by appointment
fill the vacancy pro tern.
The 2001 Springfield City Charter Page -9-
EXHIBIT A - PAGE 9
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Chapter V
POWERS AND DUTIES OF CITY MANAGER
Section 21. CITY MANAGER.
1. The City Manager is the chief administrative officer of the
City.
2. The Manager shall be appointed by a majority of the Council
without regard to political considerations and solely on the
basis of administrative qualifications.
3. The Manager need not be a resident of the City or of the
state at the time of employment but shall promptly
thereafter become and remain a resident of the city.
4. Before taking the office, the Manager shall furnish the City
with a bond in such an amount and with such a surety as the
Council approves. The City shall pay the premium on the
bond.
5.
The Manager may be removed at the pleasure of the Council.
within six consecutive months after vacancy occurs in the
office, the Council shall fill the vacancy by another
appointment.
6. The Manager shall:
a.
Attend all Council meetings unless excused by the
Councilor Mayor;
b.
Keep the Council advised of the affairs and needs of
the City;
c.
Administer City Ordinances and Federal and State
Regulations as they pertain to City Administration;
d.
See that all terms of franchises, leases, contracts,
permits and privileges granted by the City are
fulfilled;
The 2001 Springfield City Charter Page -10-
EXHIBIT A - PAGE 10
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e.
Appoint, discipline and remove, as necessary,
appointive personnel, except appointees of the Mayor or
Council;
f. Supervise and control the Manager's appointees in their
service to the City;
g. Organize and, as necessary, reorganize the departmental
structure of the government of the City;
h. Prepare and recommend the annual budget;
i. Prepare appropriate Capital Improvement budgets;
j. Supervise city contracting and purchasing;
k. Perform such other duties as the Council prescribes
consistent with this Charter;
1. Administer the financial and business affairs of the
City; and
m.
Sign such contracts and intergovernmental agreements as
directed by the City Council.
7. The Manager may not control:
a. The Mayor and Council;
b. The Municipal Judge in the Judge's judicial functions;
or
c. Except as the Council authorizes, appointive personnel
of the City whom the Manager does not appoint.
8 .
The Manager may take part in all Council discussions but may
not vote on questions before it.
9.
If the office of City Manager becomes vacant or if the City
Manager is disabled, the Council shall designate a City
Manager Pro Tern. The city Manager Pro Tern shall perform the
duties of the City Manager but may appoint or dismiss a
department head only with the approval of the Council. The
The 2001 Springfield City Charter Page -11-
EXHIBIT A - PAGE 11
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term of office of the City Manager Pro Tern ends when the
City Manager resumes or takes office. The office of City
Manager shall be vacant for no longer than six months.
10. Except in Council meeting, no Councilor may directly or
indirectly, by suggestion or otherwise, attempt to influence
the Manager or a candidate for the office of Manager in the
appointment, discipline or removal of City personnel, or in
decisions regarding City property or contracts. A violator
of this prohibition forfeits their office and shall be
removed from office by a Court of Competent Jurisdiction.
In Council meetings, members of the Council may discuss
with, or suggest, to the Manager anything pertinent to the
affairs of the City.
The 2001 Springfield City Charter Page -12-
EXHIBIT A - PAGE 12
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Chapter VI
MUNICIPAL COURT
Section 22. MUNICIPAL COURT AND JUDGES.
1. The City Council may create the office of Municipal Judge
and fill one or more positions by appointment. The
appointee(s) 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 Springfield, Lane County,
Oregon. The office created and any appointment(s) made
prior to the adoption of this Charter shall be confirmed
upon such adoption.
2. Except as this Charter or City Ordinance prescribes to the
contrary, proceedings of the court shall have the
jurisdiction and powers, and shall conform to the general
laws of this state governing Municipal Courts.
3 .
The territorial jurisdiction of the court is the area within
the City and certain areas outside the City to the extent
provided by State Law.
4.
The Municipal Court has original jurisdiction over all
offenses that Ordinances of the City make punishable.
court may enforce forfeitures and other penalties that
Ordinances prescribe for the offenses.
The
the
5. The Municipal Court may:
a.
Render judgments and, for enforcing them, impose
sanctions on persons and property within the court's
territorial jurisdictions;
b.
Order the arrest of anyone accused of an offense
against the City;
c.
Commit to jail, commit to public service, or admit to
bail anyone accused of such an offense;
d.
Issue and compel obedience to subpoenas;
The 2001 Springfield City Charter Page -13-
EXHIBIT A - PAGE 13
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e.
Compel witnesses to appear and testify and jurors to
appear and serve in the trial of matters before the
court;
f. Penalize contempt of court;
g. Issue process necessary to enforce judgments and orders
of the court;
h. Issue search warrants; and
i. Perform other judicial and quasi-judicial functions
prescribed by City Ordinance.
6. The Council may appoint when necessary, Judges Pro Tern to
serve for such terms as may be provided.
7. Notwithstanding this section, the Council may transfer the
functions of the municipal court to the appropriate state
court.
The 2001 Springfield City Charter Page -14-
EXHIBIT A - PAGE 14
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Chapter VII
ELECTIVE OFFICERS AND PERSONNEL
section 23. QUALIFICATIONS.
1. An elective City officer shall be a qualified elector under
the State Constitution and shall reside in the City. In
this subsection "City" means area inside the corporate
limits of the City at the time of the election or
appointment.
2. No person may be a candidate at a single election for more
than one elective office of the City.
3. Any person, upon having been duly nominated for any City
elective office, shall disclose by affidavit filed with the
City Recorder, any record of conviction of a felony
committed as an adult. Failure to disclose such record or
falsification of the affidavit shall disqualify any such
person from serving.
4.
The Mayor and Council may not be employees of the City
during their term of office.
5.
The Council is the final judge of the election and
qualifications of its members.
6. The qualifications of appointive officers of the City shall
be whatever the Council prescribes or authorizes, except as
section 21 of this Charter provides to the contrary
regarding the City Manager's qualifications.
Section 24. COMPENSATION FOR MAYOR AND COUNCIL. No Councilor or
Mayor may receive compensation for serving in that capacity. The
Council may prescribe a plan for reimbursing Mayor and City
Council for expenses they incur in serving the City.
section 25. PERSONNEL SYSTEM. Subject to all collective
bargaining agreements between the City and one or more groups of
its employees, the City Manager shall prescribe rules governing
the non-discriminatory recruitment, selection, promotion,
The 2001 Springfield City Charter Page -15-
EXHIBIT A - PAGE 15
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compensation, transfer, demotion, suspension, layoff and
dismissal of City employees.
Section 26. POLITICAL RIGHTS. The City Council affirms the
rights of City personnel to participate in political activities
to the degree not prohibited by constitutional and statutory
restrictions, except as provided in Section 23{4}.
section 27. OATH. Before assuming his or her office, each City
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, the State of Oregon
and the City of Springfield.
The 2001 Springfield city Charter Page -16-
EXHIBIT A - PAGE 16
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Chapter VIII
ELECTIONS
Section 28. STATE LAW. Except as this Charter or City Ordinance
prescribes to the contrary, all elections shall conform to
applicable state law.
Section 29. NOMINATIONS. A person may be nominated in a manner
prescribed by General Ordinance to run for an elective office of
the city.
The 2001 Springfield City Charter Page -17-
EXHIBIT A - PAGE 17
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Chapter IX
ORDINANCES
section 30. ORDAINING CLAUSES. The ordaining clause of an
Ordinance shall read:
1. In case of adoption by the Council alone, "The Common
Council of the City of Springfield ordains as follows:"
2. In case of adoption or ratification by the voters of the
City, "The People of the City of Springfield ordain as
follows:"
Section 31. ADOPTION BY COUNCIL.
1. An Ordinance, before being adopted by the Council, shall be
read by title only in open Council meeting on two different
days.
2.
The Council may adopt an Ordinance bearing an emergency
clause at a single meeting by the express approval of 2/3
majority of the Council, provided the Ordinance is read
first in full and then by title. If the Ordinance appears
on the written agenda made available to the Council and the
public at least 3 days prior to the meeting with the
indication that it bears an emergency clause, the reading in
full may be dispensed with and both readings shall be by
title.
Section 32. APPROVAL OR DISAPPROVAL BY MAYOR.
1.
The Mayor, unless an Ordinance is disapproved, shall
indicate approval by signature and date upon the Ordinance,
which will become effective in the manner provided by
Charter. If the Mayor disapproves, the Ordinance shall be
returned to the City Recorder within 10 days of receipt,
with reasons for disapproval in writing. If not returned by
the Mayor within such period, the Ordinance shall become
effective upon the expiration of such time.
The 2001 Springfield City Charter Page -18-
EXHIBIT A - PAGE 18
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2.
An Ordinance disapproved by the Mayor shall be considered
again by the Council at its next regular meeting, at which
time the reasons for disapproval shall be read and the
Ordinance shall again be voted upon. If three-fourths of
all members of the Council vote in favor of passage, the
Ordinance becomes effective, otherwise the Ordinance is
rejected.
section 33. EFFECTIVE DATE. A Non-Emergency Ordinance takes
effect on the 30th day after its adoption or on whatever later
day the Ordinance prescribes. An Ordinance adopted to meet an
emergency may take effect as soon as adopted.
The 2001 Springfield City Charter Page -19-
EXHIBIT A - PAGE 19
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Chapter X
PUBLIC IMPROVEMENTS
section 34. PROCEDURE. All public improvements shall be made
either on the motion of the Councilor on petition of a majority
of the property owners benefitted. Remonstrance of two-thirds of
the property owners benefitted shall operate to defeat such
motion or petition and the same may not again be considered by
the Council for a period of six months.
section 35. 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 or, to the extent not so governed,
by applicable state law.
The 2001 Springfield City Charter Page -20-
EXHIBIT A - PAGE 20
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Chapter XI
UTILITY BOARD
Section 36. UTILITY BOARD ESTABLISHMENT FUNCTIONS. There is
hereby continued a board to be known as the city of Springfield
Utility Board, hereinafter called the "utility Board," which
shall operate, maintain, supervise and control, for and on behalf
of the city of Springfield, Oregon, all electric, water and gas
properties, or any of them, which are now or which may hereafter
be owned and operated by the City of Springfield, Oregon.
Sewerage and sewage disposal property shall be operated,
maintained, supervised and controlled by the Council and under
its jurisdiction through the City Manager. The utility Board may
build, install, construct, develop, acquire by purchase or by
condemnation/eminent domain, operate, maintain, manage,
supervise, control, finance, improve and extend one or more cable
communications systems. (10-9-50, Sec .1)
section 37. UTILITY BOARD - MEMBERS. The Utility Board shall
consist of five members who are qualified voters and who have
been residents of the City of Springfield for one year prior to
their appointment or election to the Utility Board. No member so
appointed or elected shall have any interest in a utility which
offers the same or similar utility service that is offered by the
City of Springfield in competition with such City. (10-9-50, Sec.
2 )
Section 38. UTILITY BOARD - MEMBERS - ELECTIONS. Each of the
members of the utility Board shall be elected to one of a
specific numbered position for a term of four (4) years. Members
for board positions numbered 2 and 4 shall be elected at the next
general election following the adoption of this amendment for a
term of four (4) years. The member for board position 5 shall be
elected at the next general election following the adoption of
this amendment for an initial term of two (2) years and
thereafter for a term of four (4) years. The member for board
position 1 shall be elected at the succeeding general election
following the next general election following the adoption of the
amendment and the member for board position 3 shall be elected at
the second succeeding general election fOllowing the next general
election following the adoption of this amendment. Unless
The 2001 Springfield City Charter Page -21-
EXHIBIT A - PAGE 21
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otherwise specifically provided herein, present members shall
continue to serve for the term of the position to which- they were
originally elected or appointed. At succeeding biennial general
elections, the position of any members whose term expires on the
following January 1 shall be filled by election. Each duly
elected member shall take office on the 1st day of January
following his election. Except as they refer to wards of the
City, the laws and ordinances governing the nomination and
election of council members shall govern the nomination and
election of the members shall govern the nomination and election
of the members of the utility Board who shall be elected from the
city at large for numbered positions.
section 39. UTILITY BOARD - VACANCIES. Vacancies on the Utility
Board shall be filled by appointment by the remaining members of
the Board. Members to fill such vacancies shall be elected for
the unexpired term at the next general election at which a member
of the utility Board is elected. (Ord. 1946, 11-3-64).
section 40. UTILITY BOARD - RECALL. The laws and Ordinances
applicable to the recall of Common Councilmen of the City of
Springfield shall apply to elected members of the utility Board.
. (10-9-S0, Sec. 2).
Section 41. UTILITY BOARD - COMPENSATION. Members of the
Utility Board shall serve without pay except that members shall
be reimbursed for any expenses incurred, except expenses incurred
in attending regular meetings in connection with service as a
Board member. (lO-9-S0, Sec. 2).
Section 42. UTILITY BOARD - POWERS.
The Utility Board shall act for and on behalf of the City of
Springfield in connection with all matters relating to the
management, operation, acquisition and financing of all electric,
water and gas, properties now owned or hereafter acquired by the
City of Springfield. The Utility Board shall have power on
behalf of the City to borrow money, to issue and sell bonds, to
acquire property, both real and personal, including the
acquisition of utility properties or systems, to make additions,
betterment and extensions to any utility property owned and
operated by the city, to establish rates, to adopt rules and
regulations for the furnishing of service, to pay in lieu taxes
.
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EXHIBIT A - PAGE 22
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to City, County, School District, or State, to employ a manager
or managers to manage such properties and to fix his or their
duties, as the utility Board deem necessary to properly discharge
its duties and to do all other things necessary or convenient for
the efficient operation and management of utility properties
except sewerage and sewage disposal properties owned by the city
of Springfield. Provided, that such utility Board shall not have
power to sell or otherwise dispose of all or any part of such
utility properties other than the properties which the Utility
Board determines are no longer useful or necessary for the
operation of such properties and shall not have power to borrow
money or issue bonds except as hereinafter provided without first
obtaining the approval at a duly called and held election of the
qualified voters of the City of Springfield, Oregon. The utility
Board shall have power to borrow money either by the issuance of
Notes or Bonds secured only by a pledge of revenues of the
utility for which such funds are borrowed in an amount not to
exceed 25 percent of the cost of the building, installation,
construction, development, acquisition of such utility for the
purpose of providing working capital, doing maintenance,
repairing damage, or making additions, improvements, betterments
or extensions to such utility system. (10-9-50, Sec. 3).
Section 43. CABLE COMMUNICATIONS SYSTEMS. The utility Board is
hereby authorized and empowered to build, install, construct,
develop, acquire by purchase or by condemnation/eminent domain,
operate, maintain, supervise, control, finance and manage one or
more cable communications systems. In connection therewith the
utility Board shall have the power to contract, to borrow money,
to issue and sell bonds, to subsidize cable communications with
revenue from other utility operations, to acquire real and
personal property including the acquisition of cable
communications properties and systems, to make additions,
improvement, betterments and extensions to any cable
communications systems operated by the Utility Board, to
establish rates, assessments and charges, to adopt rules and
regulations for the furnishing of service, to pay in lieu taxes
to City, County, School District or State, to pay franchise fees,
to employ to employ personnel including any technical or
professional consultants, to employ a manager or managers to
manage such cable communications systems and to fix the duties of
such manager or managers, to apply for, accept and hold any
licenses, certificates, franchises or permits, required by
The 2001 Springfield City Charter Page -23-
EXHIBIT A - PAGE 23
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applicable law, comply with any applicable local, state or
Federal law or rule and to do all other things necessary or
convenient for the installation, building, construction,
development, acquisition, improvement, betterment, extension,
operation, maintenance, supervision, control, financing and
management of such cable communications systems. Provided, that
the utility Board shall not have the power to sell or otherwise
dispose of all or any part of such cable communications systems
or properties other than those which the utility Board determines
are no longer useful or necessary for the utility Board's
provision of cable communications services and shall not have the
power to borrow money or issue bonds in connection with cable
communications systems except as hereinafter provided without
first obtaining the approval at a duly called and held election
of the qualified voters of the City of Springfield, Oregon. The
Utility Board shall have power to borrow money either by issuance
of notes or bonds secured only by a pledge of revenues of the
utility, including cable communications revenues and/or non-cable
communications revenues, for which such funds are borrowed in an
amount not to exceed twenty-five percent (25%) of the cost of the
building, installation, construction, development or acquisition
of such cable communications systems for the purpose of providing
working capital, doing maintenance, repairing damage or making
additions, improvements, betterments or extensions of such cable
communications systems. Cable Communications Systems means one
or more systems of antennas, cable, amplifiers, towers, microwave
links, waveguides, laser beams, satellites, earth stations,
studios, or any other conductors, converters, equipment, or
facilities, designed and constructed for the purpose of
producing, receiving, amplifying, storing, processing,
transmitting or distributing audio, video, digital, or other
forms of electronic or electrical signals.
Section 44. UTILITY BOARD - POWERS - STATE LAW. The Utility
Board shall have power to exercise the regulatory powers granted
to cities and towns in Oregon by ORS22l.420 , by Ordinance or
contract and in the event such powers are exercised by Ordinance,
such action shall be exercised in the same manner and subject to
the same conditions as if it were exercised by the Comm9n Council
of the City of Springfield, Oregon. (10-9-50, Sec. 4).
Section 45. UTILITY BOARD - RULES - REGULATIONS. The utility
Board may adopt such rules, regulations and procedures not
The 2001 Springfield city Charter Page -24-
EXHIBIT A - PAGE 24
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inconsistent with the provisions of this Charter that it may deem
necessary in the acquisition, operation and management of utility
properties under its jurisdiction or for carrying on its business
as a utility Board. (10-9-50, Sec. 5).
Section 46. UTILITY BOARD - RELATIONSHIP TO COUNCIL. The
utility Board shall make an annual report to the Common Council
of the City of Springfield, which report shall include an annual
audit certified to by a Certified Public Accountant. To
establish a close working relationship between the Common Council
of the City of Springfield and the utility Board, each shall
appoint one of its members to act as an ex officio member without
a vote of the other body and it shall be the duty of the member
so appointed to attend the meetings of the other body and to
coordinate the activities of the two bodies. The City Engineer
and the City Manager shall attend meetings of the utility Board
and the Manager of the utility Board shall attend the meetings of
the Common Council of the City of Springfield. (10-9-50, Sec.
6) .
The 2001 Springfield City Charter Page -25-
EXHIBIT A - PAGE 25
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Chapter XII
FINANCE
Section 47. DEBT. The City shall have the power to levy and
collect taxes, but not to create and incur general obligation
indebtedness without a vote of the people; to issue revenue bonds
pledging to the payment thereof only the revenues of any revenue
producing facilities; to issue general obligation bonds upon
approval of the voters and to exercise all other powers conferred
upon or authorized by the statutes of the State.
section 48. LIMITATION ON BANCROFT ASSESSMENT FINANCING. The
Council shall adopt, with a Public Hearing, by Ordinance,
policies that set conditions upon which it will allow the
construction of pUbli,c improvements that will be financed with
assessment bonds. An "Assessment Financing Policy Document"
shall address at the minimum, financial limits to the use of
assessment financing, the establishment of a systematic, annual
administrative review of the fund and mandate that developers and
other users of assessment financing furnish a satisfactory form
of security to the City prior to approval of the project and the
issuing of debt.
section 49. URBAN RENEWAL - TAX INCREMENT FINANCING.
1.
The City of Springfield shall not approve an Urban Renewal
Plan authorized by Chapter 457 of the Oregon Revised
Statutes, if such plan provides for the allocation of ad
valorem taxes upon real and personal property situated in
the project area as permitted by Oregon Revised Statutes,
Sections 457.410 through 457.450, until the provision of
such plan providing for the allocation of such taxes has
been approved by a majority of the ballots cast in an
election.
2.
The City Council shall, by appropriate Resolution or
Ordinance, submit the question of the allocation of such
taxes to the voters of the City of Springfield before any
such Urban Renewal Plan is approved.
The 2001 Springfield City Charter Page -26-
EXHIBIT A - PAGE 26
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Chapter XIII
IMPLEMENTATION
Section 50. CONTINUATION OF ORDINANCES. Insofar as
consistent with this Charter and until amended or repealed,
all Ordinances of the City in force when the Charter takes
effect retain the effect they have at that time.
Section 51. REPEAL. All Charter provisions of the City
adopted before this Charter takes effect are hereby
repealed.
Section 52. SEVERABILITY. The terms of this Charter are
severable. If a part of this Charter is held invalid, that
invalidity does not affect another part of the Charter,
except as the logical relationship between two parts
requires.
Section 53.
December 31
TIME OF EFFECT.
2001.
This Charter takes effect on
The 2001 Springfield City Charter Page -27-
EXHIBIT A - PAGE 27
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CAPTION:
QUESTION:
SUMMARY:
Ballot Title - 2001 Springfield Charter
Revised Charter submitted to voters by the City Council.
Shall City of Springfield adopt revised Charter entitled "The 2001
Springfield Charter", repealing and replacing the 1893 Charter as
amended?
The proposed Charter revisions will revise and update certain
sections of the existing City Charter to allow a general grant of
power to the City as opposed to the enumerated grant of power in
the existing Charter.
The Charter revisions also shall have the effect of allowing the
City additional penalty authority for violations of civil and
criminal codes consistent with the requirements of the Department
of Environmental Quality of the State of Oregon.
The Charter revisions shall not substantially affect the provisions
of the Charter relating to the Springfield Utility Board.
Exhibit B