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HomeMy WebLinkAboutOrdinance 5989 08/27/2001 t ..' .' .~ ~i ~ 'i-. -', " 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. ORDINANCE Page -1- r :':J . a\ .J ,. 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 . ATTES~ ~ City Recorder N:\CITY\Charter\Charter Amendments\Ordinance.wpd REVIEWED & APPROVED AS,.TO FORM \ ~ <4vll. ..) \...oI.i j:\ \ ~ \ DATE: "6 \ '2- 'l. J ".}cu \ OFFICE OF CITY ATTORNEY ORDINANCE Page -2- r , 'f i' I' . .~\ .) 08/27/01 Revision Version II 2001 SPRINGFIELD CITY CHARTER EXHIBIT A - PAGE 1 r , . . . " 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 , ~ . ~ ~ 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 . ~ ~ 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 . .- . 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 . . ~ , . ~ 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 . . ~ 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 . . ./) 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. > 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 . . .J 7 . 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 . . . " .. I 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 . . .; , . . 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 . . ./ " . 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 . . . , . \ . 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 . . . . . , . 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 , J ~, \... I . . o . 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 . . . i " . I 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 . . . j " . f 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 . . . .J \. A I 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 . . . t. \ .. ( 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 . . . tfj '. # l 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 ~ \ .. I . . . 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 "'~" . . 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 . The 2001 Springfield City Charter Page -22- EXHIBIT A - PAGE 22 ... . \ . . . . 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 .... . ! . . . 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 . . . "".,. ...( 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 ., ....- .' ., ".': . . . 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 .~ "",. ..~ . . .' 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 ...~.. "'II . . .' 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