Guide - Charter Review Meeting #3 • CITY OF
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Charter Review Committee Meeting Guide
February 13, 2023 — 5:30pm-7:30pm
Topic: Ordinances, Public Improvements, Debt Limit
Discussion Questions
Continuing discussion: Ordinances
1. Does the Committee want to retain a single reading of ordinances, as currently prescribed by the
Charter?
Public Improvements
1. Should the Tigard City Charter include condemnation, given that it's addressed in state law?
2. Should the Charter include requirements about improvements (local improvement districts)?
a. Is this appropriate for inclusion in the Charter, rather than in Code?
b. And if so, should the requirements be framed as a check on government power or as a
government obligation? For example, compare Beaverton's obligation to establish with
Tigard's prohibition on establishing.
3. Should the Charter continue to include 'Special Assessments'?These fees and levies are governed by
code and this is an inherent power that the City has and does not need to proactively claim in a
Charter.
4. Should the Tigard City Charter include 'Bids'?This area is thoroughly governed by state law and
Tigard's local public contract rules.
Debt Limit
1. Does the Committee wish to adopt the Model LOC Charter language that has been recommended by
City Bond Counsel?
If time allows:Willamette River as a drinking water source
1. Is this section still relevant and appropriate to the City Charter in 2023?
2. If the Committee believes this section to be appropriate for the Charter, are there any proposed
amendments?
Relevant Charter Sections
Ordinances:Chapter 8, Section 35, Part 1
Public Improvements:Chapter 9
Debt Limit: Miscellaneous Provisions, Section 41
Willamette River as a drinking water source: Urban Renewal Citizens Right to Vote,Section 51
Reference Material
Guide for Charter Commissions
• When to Consider Changing the Charter p. 7
• What Charter Change Can and Can't Do p. 7
• Does Our Problem Have a Charter Solution p. 8
• What Qualities Make a Good Charter? p. 24
• Essential Components of a Charter, p. 26
Charter Comparison Spreadsheet
• Ordinances
o Mode of enactment in Tigard Charter and comparisons in Beaverton and LOC Charters
(excel rows 88-93)
• Public Improvements
o Public Improvements in Tigard Charter and comparisons in Beaverton and LOC Charters
(excel rows 112-119)
• Debt Limit
o Debt Limit in Tigard Charter and comparisons in Beaverton and LOC Charters (excel rows
120-122)
• No direct comparison of Willamette River as a drinking water source
Public Improvements: Condemnation
• Governed by ORS Chapter 35
• Just compensation ensure by Art 1, Section 18 of Oregon Constitution
o Section 18. Private property or services taken for public use. Private property shall not
be taken for public use, nor the particular services of any man be demanded,without
just compensation; nor except in the case of the state, without such compensation first
assessed and tendered; provided,that the use of all roads, ways and waterways
necessary to promote the transportation of the raw products of mine or farm or forest
or water for beneficial use or drainage is necessary to the development and welfare of
the state and is declared a public use.
Public Improvements: Local Improvement Districts
• Governed by ORS 223.387-223.401
• Tigard Municipal Code
• See Beaverton Code compared to Beaverton Charter Article 7.1
Public Improvements: Bids
• Governed by ORS Chapter 279C
Debt Limit
• Debt limits and public borrowing governed by ORS Chapter 287A