City Municipal Code Results
CITY CHARTER OF THE CITY OF ENTERPRISE, OREGON*
Chapters:
Preamble
I. Names and Boundaries
II. Powers
III. Form of Government
IV. Council
V. Powers and Duties of Officers
VI. Personnel
VII. Elections
VIII. Ordinances
IX. Public Improvements
X. Miscellaneous Provisions
* This charter was enacted by Ordinance 528, passed March 13, 2000.
THE CITY OF ENTERPRISE ORDAINS AS FOLLOWS:
Preamble.
We, the people of Enterprise, 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 I
Names and Boundaries
Section 1 Title of charter.
This charter may be referred to as the 2000 Enterprise Charter.
Section 2 Name of city.
The City of Enterprise, Oregon, continues under this charter to be a municipal corporation with the name "City of Enterprise."
Section 3 Boundaries.
The city now 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 Power 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 Stated 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 consists of a mayor and six councilors nominated and 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.
A. With the exception of the specific provisions of subsection B of this section, 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 general election after the adoption, three councilors shall be elected, each for a four-year term.
B. The next election for the council seats whose terms were due to expire on December 31, 1999 shall occur in the general election in 2000, with the term of office to commence on January 2001. The next election for the council seat terms which are due to expire on December 31, 2001, shall occur in the general election of 2002 with the term of office to commence on January 2003. The terms of the councilors holding the above described council positions shall be extended until the commencement of the new terms provided above.
Section 9 Mayor.
The term of office of the mayor in office when this charter is adopted continues until the beginning of the first odd-numbered year after that time. 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.
Section 11 Appointive offices.
A majority of the council may:
A. Create, abolish, and combine appointive city offices and,
B. Except as the majority prescribes otherwise, fill such offices by appointments and vacate them by removal.
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 the council's rules, and may meet at other times in accordance with said rules and the laws of the state of Oregon regarding public meetings.
Section 14 Quorum.
A majority of the council constitutes a quorum for its business, but a small number of the council may meet and compel attendance of absent councilors as prescribed by council rules.
Section 15 Record of proceedings.
A record of council proceedings shall be kept and authenticated in a manner prescribed by the council.
Section 16 Mayor's functions at council meetings.
A. When present at council meetings the mayor shall:
1. Preside over deliberations of the council.
2. Preserve order.
3. Enforce council rules, and
4. Determine the order of business under the rules.
B. Notwithstanding subsection A of this section, the mayor may temporarily cease to chair a council meeting and delegate the functions described in subsection A to another council member.
C. The mayor is a voting member of the council.
Section 17 Council president.
A. At its first meeting after this charter takes effect and at its first meeting of each odd-numbered year, the council shall appoint a president from its councilors.
B. Except in voting on questions before the council, the president shall function as mayor when the mayor is:
1. Absent from a council meeting, or
2. Unable to function as mayor.
Section 18 Votes required.
Except as Sections 11, 20, 30 and 32, of this charter prescribe 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. All council votes on ordinances or formal written resolution shall be taken by roll call vote. Council votes on other matters may be made by voice vote or by a show of hands.
Section 19 Vacancies--Occurrence.
The office of a member of the council becomes vacant:
A. Upon the incumbent's:
1. Death,
2. Adjudicated incompetence, or
3. Recall from the office.
B. Upon declaration by the council of the vacancy in case of the incumbent's:
1. Failure, following election or appointment to the office, to qualify for the office within ten days after the time for his or her term of office to begin,
2. Absence from the city for thirty (30) days without the council's consent or from all meetings of the council within a sixty (60) day period,
3. Ceasing to reside in the city,
4. Ceasing to be a qualified elector under state law,
5. Conviction of a felony, or
6. Resignation from the office.
Section 20 Vacancies--Filling.
A vacancy in the council 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 qualifying for the office after the appointment and until expiration of the term of the predecessor who has left the office vacant. During a council member's disability to serve on the council or during a member's absence from the city, a majority of the other council members may by appointment fill their vacancy pro tem.
Chapter V
Powers and Duties of Officers
Section 21 Mayor.
The mayor shall appoint:
A. Members of committees established by council rules, and
B. Other persons required by the council to be so appointed.
Section 22 Municipal court and judge.
A. There shall be a municipal court with the powers, duties, and jurisdiction as set forth in this section. The municipal court judge shall be appointed by the council. The judge appointed at the time of adoption of this charter shall continue in office without necessity of reappointment The municipal judge shall hold court within the city at a place and times that the council specifies or as may be set by the court; the court shall be known as the municipal court for the city of Enterprise, Wallowa County, Oregon.
B. Except as this charter or city ordinance prescribes to the contrary, proceedings of the court shall conform to general law of this state governing justices of the peace and justice courts.
C. 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.
D. The municipal court has original (and concurrent with Circuit Court of the State of Oregon) jurisdiction over every offense that an ordinance of the city makes punishable. The court may enforce forfeitures and other penalties that such ordinances prescribe.
E. The municipal judge may:
1. Render judgements and, for enforcing them, impose sanctions on persons and property within the court's territorial jurisdiction;
2. Order the arrest of anyone accused of an offense against the city;
3. Commit to jail or admit to bail anyone accused of such an offense;
4. Issue and compel obedience to subpoenas;
5. Compel witnesses to appear and testify and jurors to serve on the trial of matters before the court;
6. Penalize contempt of court;
7. Issue process necessary to effectuate judgments and orders of the court;
8. Issue search warrants; and
9. Perform other judicial and quasi judicial functions prescribed by ordinance.
F. The council may authorize the municipal judge to appoint municipal judges pro tem for terms of office set by the judge or the council.
G. Notwithstanding this section, the council may transfer some or all of the functions of the municipal court to an appropriate state court.
Chapter VI
Personnel
Section 23 Qualifications.
A. An elective city officer shall be a qualified elector under the state constitution and shall have resided in the city during the twelve (12) months immediately before being elected or appointed to office. In this subsection "city" means area inside the city limits at the time of the election or appointment.
B. No person may be a candidate at a single election for more than one elective city office.
C. 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;
D. Except as subsection C of this section provides to the contrary, the council is the final judge of the election and qualifications of its members.
E. The qualifications of appointive officers of the city are whatever the council prescribes or authorizes.
Section 24 Compensation.
The council may prescribe the compensation of city officers. The council may prescribe a plan for reimbursing city personnel for expenses that they incur in serving the city.
Section 25 Political rights.
By ordinance the council may affirm the rights of city personnel to participate in political activities and may limit those activities to the extent necessary for orderly and effective operations of the city government.
Section 26 Oath.
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.
Chapter VII
Elections
Section 27 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 28 Nominations.
A person may be nominated in a manner prescribed by general ordinance to run for an elective office of the city.
Chapter VIII
Ordinances
Section 29 Ordaining clause.
The ordaining clause of an ordinance shall be "The City of Enterprise ordains as follows".
Section 30 Adoption by council.
A. Except as subsection C of this section allows adoption at a single meeting, an ordinance shall be read, in the manner specified by subsection B, in open council meeting on two different days before being adopted by the council.
B. A reading of an ordinance shall be by title only so long as a written copy thereof is available to all councilors present at the meeting and all persons in attendance requesting a copy thereof. A full and distinct reading is required only if a copy is not available to all such persons.
C. The council may adopt an ordinance at a single meeting, following the first reading of said ordinance, by the unanimous affirmative votes of all councilors present at said meeting. Any council member may require that an ordinance be read at a second council meeting by stating such request in person at the meeting in which the first reading occurs, or in writing prior to such first reading if the council member is not present at such meeting.
D. After filing of a proposed ordinance with the city official having custody of ordinances, a copy shall be made available to any person requesting it, for review at the city offices, at no charge to the party requesting the same. Reasonable copying fees may be charged for copies to be taken by the party requesting it.
E. 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.
F. Upon the adoption of an ordinance, the ayes and nays of the council members shall be entered in the record of council proceedings. Council votes on ordinances shall be by roll call vote.
G. 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 Effective date.
A non-emergency ordinance takes effect on the thirtieth day after its adoption or on a later day the ordinance prescribes. An ordinance adopted to meet an emergency may take effect as soon as adopted.
Chapter IX
Public Improvements
Section 32 Procedure.
A. 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. Proposed action on a public improvement that is not declared by two-thirds of the council present to be needed at once because of an emergency shall be suspended for six months upon remonstrances by owners of land to be specially assessed for the improvement. The number of owners necessary to suspend the action shall be prescribed by general ordinance. A second such remonstrance suspends the action only with the consent of the council.
B. 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 X
Miscellaneous Provisions
Section 34 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 35 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 36 Continuation of offices and officers.
All appointed offices in existence at the time this charter takes effect shall continue without further action by the council being required. All elected and appointed officers serving at the time of adoption of this charter shall continue in office, subject to the terms hereof.
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.
If adopted at the May 16, 2000 election, this charter shall take effect on June 16, 2000.