CITY OF BANKS CHARTER
Chapter
5. POWERS
AND DUTIES OF OFFICERS
To provide for the government of the CITY OF BANKS, Washington County, Oregon; and to repeal all charter provisions of city enacted prior to the time this charter takes affect. Be enacted by the people of the CITY OF BANKS, Washington County, Oregon:
Chapter 1 NAME AND BOUNDARIES
Section
1: TITLE of ENACTMENT
The enactment may be referred to as City Charter of 1996
Section
2: NAME OF CITY
The municipality of Banks, Washington County, Oregon shall continue to be a municipal corporation with the name of City of Banks.
Section
3: BOUNDARIES
The city shall include all territory encompassed by its boundaries now existing or hereafter modified by voters, by the council, or by any other agency with legal power to modify them. Unless otherwise mandated by state law, all annexations approved by the City Council, complying with the City's requirements and procedures regarding annexations, as provided in the City's ordinances, shall be referred to the electorate of the City for final approval by a majority of the electorate voting. The recorder shall keep at the city hall at least two copies of this charter in each of which the recorder shall maintain an accurate, up-to-date description of the boundaries. The copies and description shall be available for public inspection at any time during regular office hours of the recorder. *Section 3 Approved by General Election on November 3, 1998 (Vote: 92-Yes 32-No)
Section
4: POWERS OF THE CITY
The city shall have all powers which the constitutions, statutes, and common law of the United States and of this state expressly or impliedly grant or allow municipalities, as fully as though this charter specifically enumerated each of those powers.
Section
5: CONSTRUCTION OF CHARTER
In this charter, no mention of a particular power shall be exclusive or to restrict the scope of the powers which the city would have if the particular power were not mentioned. The charter shall be liberally construed to the end that the city may have all powers necessary or convenient for the conduct of its municipal affairs, including all powers that cities may assume pursuant to state laws and to the municipal home rule provisions of the state constitution.
Chapter 3 FORM OF GOVERNMENT
Section
6: WHERE POWERS VESTED
Except as this charter provides otherwise, all powers of the city shall be vested in the council.
Section
7: COUNCIL
The council shall be composed of six (6) councilors elected at large.
Section
8: COUNCILORS
The councilors shall be elected for a term of four (4) years. Three councilors shall be elected at each biennial general November election. The term of office for a councilor elected at a general November election, and qualified, shall begin at the first regular council meetings of the calendar year immediately after the election and continue until the first regular meeting of the calendar year following their term in office. The term of office of a councilor in office when this charter is adopted is the term of office for which the councilor has been elected or appointed before adoption of the charter.
Section
9: MAYOR
A mayor shall be elected for a term of two (2) years. The mayor shall be elected at each biennial general November election. The term of office for the mayor elected at the biennial general November election, and qualified, shall begin at the first regular council meeting of the calendar year immediately after the election and continue until the first regular council meeting of the calendar year following the next biennial election. The term of office of mayor in office when this charter is adopted is the term office for which the mayor has been elected or appointed before adoption of this charter.
Section 10: OTHER OFFICERS
Additional officers of the city maybe a municipal judge, a recorder, and such other officers as the council deems necessary. Each of these officers shall be appointed and may be removed by the mayor with the consent of the council. The council may combine any two or more appointive offices. The council may designate any appointive officer to supervise any other appointive except the municipal judge in the exercise of judicial functions.
Section 11: SALARIES
The compensation for the services of each city officer and employee shall be the amount fixed by the council.
Section 12: QUALIFICATIONS OF OFFICERS
No personal shall be eligible for an elective office of the city unless at the time of the officers' election, the officer is a qualified elector within the meaning of the state constitution, is a resident of the city, and has been a resident of the city during the twelve months immediately preceding the election. The council shall be final judge of the qualifications and election of its own members.
Section 13: MEETINGS
The council shall hold a regular meeting at least once every month in the city at a time and a place, which it designates. It shall adopt rules for the government of its members and proceedings. The mayor upon his own motion may, or at the request of three members of the council shall, by giving notice thereof to all members of the council then in the city, call a special meeting of the council for a time not earlier than 24 hours after the notice is given to members of the city council and the general public, except in case of an actual emergency.
Section 14: QUORUM
A majority of the council shall constitute a quorum for is business, but a small number may meet and compel the attendance of absent members as provided by ordinance.
Section 15: RECORD OF PROCEEDINGS
A record of council proceedings shall be kept and authenticated in a manner prescribed by council.
Section 16: PROCEEDINGS TO BE PUBLIC
Except as state law provides otherwise, the deliberations and proceedings of the council shall be public.
Section 17: MAYORS FUNCTION AT COUNCIL MEETINGS
When present at council meeting the mayor shall, preside over deliberation of the council, preserve order, enforce council, and determine the order of business under the rules. The mayor shall vote only to break a tie.
Section 18: PRESIDENT OF THE COUNCIL
At its first meeting of each odd-numbered year, the council shall elect a president from its membership. In the mayor's absence from a council meeting, the president shall preside over it. Whenever the mayor is unable to perform the functions as mayor, the president shall act as mayor. The president, when acting as mayor, shall retain a vote on the council.
Section 19: VOTE REQUIRED
Except as this charter prescribes otherwise, the express concurrence of a majority of the council members present and constituting a quorum is necessary to decide affirmatively a question before the council.
Chapter 5 POWERS AND DUTIES OF
OFFICERS
Section 20: MAYOR
The mayor shall appoint the committees provided by rules of the council. The mayor shall sign all records of proceedings approved by the council. The mayor shall have no veto power and shall sign all ordinances passed by the council within three days after their passage. After the council approves a bond of a city officer or a bond for a license, contract, or proposal, the mayor shall endorse the bond.
Section 21: MUNICIPAL JUDGE
The municipal judge shall be the judicial officer of the city. He shall hold within the city a court known as the municipal court for the City of Banks, Washington County, Oregon. The court shall be open for the transaction of judicial business at times specified by the council. The municipal judge may exercise jurisdiction of offenses defined and made punishable by ordinances of the city and all actions brought to recover or enforce forfeiture or penalties defined or authorized by ordinance of the city. The judge shall have authority to issue process for the arrest of any person of an offense against the city, to commit any such person to jail or admit to bail pending trial to issue subpoenas, to compel witnesses to appear and testify on matters before the counrt, to compel obedience to such subpoenas, to issue any process necessary to carry into affect the judgments of the counrt, and to punish witnesses and others for contempt of court. When not governed by ordinance or this charter, all proceedings in the municipal court for the violation of a city ordinance shall be governed by the applicable general laws of the state governing justices of the peace and justice court. Notwithstanding this section, the council may transfer some or all of the functions of the municipal court to an appropriate other court.
Section 22: RECORDER
The recorder shall serve ex officio as clerk of the council, attend all its meetings unless excused therefrom by the council, keep accurate record of its proceedings, and sign all orders on the treasury. In the recorder's absence from a council meeting, the mayor shall appoint a clerk of the council pre-tem who, while acting in that capacity, shall have all the authority and duties of the recorder.
Section 23: REGULAR ELECTIONS
Regular city elections shall be held at the same time and place as biennial general elections, in accordance with applicable state election laws.
Section 24: TIE VOTES
In the event of a tie vote for candidates for an elective office, the successful candidate shall be determined by a public drawing of lots in a manner prescribed by the council.
Section 25: COMMENCEMENT OF TERMS OF OFFICE
The term of office of a person elected at a regular city election shall commence the first regular meeting of the year following the election.
Section 26: OATH OF OFFICE
Before entering upon the duties of the office, each officer shall take an oath or shall affirm that we will support the constitution and laws of the United States and of Oregon and will faithfully perform the duties of the office.
Section 27: NOMINATIONS
A qualified elector who has resided in the city during the twelve (12) months immediately preceding an election may apply for a place on the ballot in the manner prescribed by ordinance.
Chapter 7:
VACANCIES IN OFFICE
Section 28: VACANCY: OCCURRENCE
The office of a member of the council becomes vacant:
(1) Upon the incumbent's:
(a) Death
(b) Adjudicated incompetence, or
(c) Recall from the office or
(2) Upon declaration by the council of the vacancy in the case of the incumbent's:
(a) 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,
(b) Absence from the city for 30 days without the council's consent or from all meetings of the council within a 60 day period,
(c) Ceasing to reside in the city,
(d) Ceasing to be a qualified elector under state law,
(e) Conviction of a public offense punishable by loss of liberty,
(f) Resignation from the office.
Section 29: FILLING OF VACANCIES
Vacant elective offices in the city shall be filled by appointment. A majority vote of the council shall be required to validate the appointment. The appointee's term of office shall begin immediately upon the appointment and shall continue throughout the unexpired term of that office. During the temporary disability of any officer or during a temporary absence from the city for any cause, that office may be filled pre tem in the manner provided for filling vacancies in office permanently.
Section 30: ENACTING CLAUSE
The enacting clause of all ordinances hereafter enacted shall be THE CITY OF BANKS ORDAINS AS FOLLOWS:.
Section 31: MODE OF ENACTMENT
1. Except, as the second and third paragraphs of this section provide to the contrary, every ordinance of the council shall, before being put upon its final passage, be read fully and distinctly in open council meeting on two (2) different days.
2. Except as the third paragraph of this section provides to the contrary, an ordinance may be enacted at a single meeting of the council by unanimous vote of all council members present, upon being read first in full and then by title.
3. Any of the reading may be by title if no council member present at the meeting requests to have the ordinance read in full or if copies are provided for public inspection in the office of the city recorder not later than one week before the first reading of the ordinance and if notice of their availability is given forthwith upon the filing, by written notice posted at the city hall and one (1) other public place in the city. An ordinance enacted after being read by title alone may have no legal effect if it differs substantially from its terms as it was thus filed prior to such reading, unless each section incorporating such differences is read fully and distinctly in open meeting as finally amended prior to being approved by the council.
4. Upon the final vote on an ordinance, the ayes and nays of the members shall be taken and entered in the record of proceedings.
5. Upon the enactment, the recorder shall sign it with the date of its passage, the recorder's name and title of office. Within three days, thereafter the mayor shall sign it with the mayor name, title of office, and the date of signing.
Section 32: WHEN ORDINANCES TAKE EFFECT
An ordinance enacted by council shall take effect on the thirtieth day after its enactment. When the council deems it advisable, however, an ordinance may provide a later time for it to take effect, and in case of an emergency, it may take effect immediately.
Chapter 9:
PUBLIC IMPROVEMENTS
Section 33: IMPROVEMENTS
The procedure for making, altering, vacating, or abandoning a public improvement shall be governed by general ordinances or, to the extent not so governed, by the applicable general laws of the state. Action on any proposed public improvement, except a sidewalk or except as an improvement unanimously declared by the council to be needed at once because of an emergency, shall be suspended for six months upon a remonstrance thereto by the owners of two-thirds of the land to be specially assessed therefore. In this section owner shall mean the record holder of legal title or, where land is being purchased under a land sale contract recorded or verified to the recorder in writing by the record holder of legal title to the land, the purchaser shall be deemed the owner.
City of Banks
General Election
Tuesday, November 5, 1996
Summary Report
Measure 34-59
Yes 132
No 30