Resolution No. 82-89 CITY OF TIGARD, OREGON
RESOLUTION No. 82-S9
A RESOLUTION APPROVING AND REFERRING CERTAIN AMENDMENTS TO THE
CHARTER OF TIGARD TO THE QUALIFIED VOTERS OF THE CITY OF TIGARD
FOR THEIR APPROVAL OR REJECTION AT THE NOVEMBER 2, 1982 GENERAL
ELECTION; CALLING THAT ELECTION; AND DIRECTING THE CITY RECORDER
TO DO ALL ACTS NECESSARY AND CONVENIENT TO CARRY OUT SUCH ELECTION.
This matter came before the Tigard City Council at its July
26, 1982, regular meeting. The City Council and its staff have
reviewed the Tigard City Charter, originally adopted by the voters
of the City of Tigard on November 6, 1962, and as amended, and find
that the Charter is in need of periodic revision to improve the govern-
ing of Tigard, and to meet the needs of its citizens. At its June
14, 1982 regular meeting, the Council reviewed the Charter, and
authorized its staff to prepare amendments, which are now before the
Louncil for final action.
The Council is of the view that the proposed amendments would
improve the effectiveness of the Charter and should be voted upon
by the qualified voters of the City at a special election to b- held
at the same times and places as the November 2, 1982 General Election.
NOW, THEREFORE, IT IS HEREBY RESOLVED:
That the five proposed Charter amendments attached hereto
as Exhibit "A", and by this reference made a part hereof,
be, and the same hereby are, approved by this Council and
referred to the qualified voters of the City of Tigard for
their approval or rejection at the November 2, 1982 General
Election;
and it is further RESOLVED:
That the amendments set forth in Exhibit "A" shall be on
file at the Office of the City Recorder for public
inspection;
and it is further RESOLVED:
That a Special Election is hereby called at the same times
and places of the General Election to be held in the City
of Tigard on November 2, 1982, between the hours of 8:00
P.M. and 8:00 P.M., Pacific Daylight Time, at the polling
places designated in Exhibit "8" attached 'hereto and by
this reference made a part hereof, for the purpose of
submitting to the qualified voters of the City of Tigard
got their approval or rejection, the five amendments set
forth in Exhibit "A";
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and it is further RESOLVED:
That the ballot titles, questions and explanations, all
as set forth in Exhibit "C" attached hereto, and by this
refer-nce made a part thereof, be, and the same hereby
are, approved with respect to each measure, for which
purpose the ballot titles, number, and form in which the
question shall be printed upon the official ballot are
hereby prescribed;
and it is further RESOLVED:
That the City Recorder_ is hereby authorized and directed
to certify in the manner provided by law to the Director
of Records and Elections of Washington County, Oregon,
the foregoing measures for inclusion as a part of the
regular ballots to be prepared by the Director for voting
at all precincts within the City of Tigar3, as set forth
in Exhibit "B" at the General Election of November 2,
1982:
and it is further RESOLVED:
That the Tigard City Recorder be, and she hereby is,
authorized and directed, to undertake all necessary ai,
convenient acts to facilitate the inclusion of the
aforesaid measures on the November 2, 1982 General
Election ballot for the approval or rejection by ':he
qualified voters of the City of Tigard, and is `arther
authorized and directed to dive notice of the ':oove-
described election and proposals in the frD-7' -w._ng manner
a. By posting notices of th•,- =erection, one at
each of the designated poling places in
each of the precincts in the City, in a
public place exposed to public view, and at
the front door of City Hall, and also exposed
to public view, not less than fifteen (15) days
prior to the date of the election; and also
b. By publication in the Tigard Times once a week
for two consecutive weeks, the first such
publication to be not less than ten (10) days
prior to the date of aforesaid Ganeral Election.
The form of such notice shall be substantially as set forth
in Exhibit "D" attached hereto and by this reference made a i
part hereof. The City Recorder shall cause to have filed
affidavits of posting and publication.
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PASSED: This � _ day of q,, , 1982, by The
Council of the City of Tigard.
Mayor - City of Tigard—�
ATTEST:
City ecor er - City Tigard
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EXHIBIT "A"
PROPOSED AMENDMENTS TO THE CHARTER OF
TIGARD, OREGON
REFERRED TO THE QUAI:IFIED VOTERS OF TIGARD
BY THE TIGARD CITY COUNCIL TO BE VOTED UPON
AT THE NOVEMBER 2, 1982 GENERAL ELECTION
NOTE - Material in brackets [] would be deleted from the Tigard
City Charter if the measure were approved and material
underlined would be added if such measure were approved.
Measure No. 51
Section 40 of the Tigard City Charter is amended to read:
Section 40. BIDS. Exce t asrovideor allowed b state law,
all contracts [a contract in excess o 2,5d 00 for public [improvement)
improvements to be made by a private contractor shall be let to the
lowest responsible bidder for the contract and shall be performed in
accordance with plans and specifications approved by the Council.
The Council shall have the right to reject any or all [said] bids for
public contracts.
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Measure No. 52
Section 41 of the Tigard City Charter is amended to read:
Section 41. DEBT LIMIT. Except by consent of the voters, the
city's voluntary floating indebtedness £or general city purposes
shalt not exceed [$5,0001 $25,000. For purposes of calculating
limitation, however, the legally authorized debt of the city in
existence at the time this Charter takes effect shall not be
considered. All city officials and employees who create or
officially approve any indebtedness in excess of this limitation
shall be jointly and severally liable for the excess.
MEASURE 52 ALTERNATIVE A
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Measure No. 53
Section 7 of the Tigard City Charter is amended to read:
Section 7. MAYOR AND COUNCIL. The elect+.ve officers of the city shall be
a mayor and four [councilmen] councilors who together shall constitute the
City Council. Except for Mayor and Councilors holding office on the effective
date of the 1982 Charter Amendment, neither the mayor nor any councilor shall
serve the city in such position gr a period of eight consecutive years,
except for the filling of an expired term, and except that any councilor may
serve as mayor not wit stan ing e g t years service as councilor. The mayor
shall be elected at each general election and hold office for a period of two
years. [There shall be elected in conjunction with the state-wide election in
November, 1972, . candidate to the office of mayor whose term shall begin on
January 1, 1973.1
No person who is serving as mayor or [councilman] councilor shall become a
candidate for any city office for a term which would be concurrent with [his]
the term in office [he] then [holds] held unless [he] that person first
submits a written resignation from [his] the then current office. A
resignation submitted for the purpose of satisfying the provisions of this
section shall recite that it is given for the purpose of permitting its signer
to be a candidate for off4ce. A resignation -ubmitted to satisfy this section
shall. not be wit;drawn. A resignation shall ba adequate for purposes of this
section if :it provides for the termination of the signer's service in the
dr office not later than the last day before [his] service would begin in the
office for which [he] that person seeks to become a candidate.
In the event the office of mayor or councilor becomes vacant before the
normal expiration of its term a special election shall be held to fill the
office for the unexpired term. Such an election shall be held in accordance
with the election laws of the State of Oregon and city ordinances not
inconsistent with such election laws.
Section 8 of the Tigard City Charter is amended to read:
Section 8. [COUNCILMEN]- COUNCILORS. The four council positions are
hereby designated as positions number 1, 2, 3 and 4. The [councilmen]
councilors shall be elected to hold office for a period of four years;
provided, however, the officers holding office at that time of adoption of
this amendment shall hold their offices for the balance of the terms for which
they were elected or appointed and until their successors are elected and
qualified.
At each biennial general state selection after this amendment takes effect
beginning In 1972, two councilmen shall be elected, each for a term of four
(4) years. Candidates to fill positions one and two shall be submitted to the
voters in the general election in 1972, and candidates for council positions
three and four shall be subject to election in 1974. The candidate receiving
the highest number of votes for each of the council positions shall be deemed
elected for a four-year term.
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Measure No. 53
Section 7 of the Tigard City Charter is amended to read:
Section 7. MAYOR AND COUNCIL. The elective officers of the city shall be
a mayor and four [councilmen] councilors who together shall constitute the
City Council. Except for Mayor and Councilors holding office on the effective
date of the 1982 Charter Amendment, neither the mayor nor ny councilor shall
serve the city in such position for a period of eight cons utive years,-�c
except that any councilor may serve as mayor not withstafiding eight years
served as ccuncilor. The mayor shall be elected at each general election and
hold office for a period of two years. [There shall be a' ed in conjunction
with the state—wide election in November, 197/woud
ate to the office of
mayor whose term shall begin on January 1, 197
No person who is serving as mayor or [councilor shall become a
candidate for any city office for a term whicconcurrent with [his]
the term in office [he] then [holds] held ] that person first
submits a written resignation from [his] current office. A
resignation submitted for the purpose of sae provisions of this
section shall recite that it is given fort}�e/purpose of permitting its signer
to be a candidate for office. A resignati submitted to satisfy this section
shall not be withdrawn. A resignation sh be adequate for purposes of this
section if it pro+ides for the terminat dt
o of he signer's service in the
office not later than the last d befoye [his] service would begin in the
office for which [he] that person eto become a candidate.
In the event the office of ma o_; r councilor becomes vacant before the
normal expiration of its term a s etial election shall be held to fill the
office for the unexpired term. Suc an election shall be held in accordance
with the election laws of the State of Oregon and city ordinances not
inconsistent with such election laws.
Section 8 of the Tigard City Charter is amended to read:
Section 8. [COUNCILMEN]. COUNCILORS. The four council positions are
hereby designated as positions number 1, 2, 3 and 4. The [councilmen]
councilors shall be elected to hold office for a period of four years;
prow e , however, the officers holding office at that time of adoption of
this amendment shall hold their offices for the balance of the terms for which
they were elected or appointed and until their successors are elected and
qualified.
At each biennial general state election after this amendment takes effect
beginning in 1972, two councilmen shall be elected, each for a term of four
(4) years. Candidates to fill positions one and two shall be submitted to the
voters in the general election 1-n 1972, and candidates for council positions
three and four shall be subject to election in 1974. The candidate recei•.ing
the highest number of votes for each of the council positions shall be deemed
elected for a four—year term.
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Measure No. 54
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Section 35 of the Tigard City Charter is amended to read:
Section 35. MODE OF ENACTMENT_ (1) Except as paragraph (2) of
this section provides to the contrary, every ordinance of the council
shall, before being put upon its final passage, be read fully and
distinctly once in open council meeting [on two different days] ,
H2) Except as this section provides to the contrary, an ordin-
ance 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)] (2) Any [of the readings] reading may be by title only
(a) if no council member present at the meeting requests to have the
ordinance read in full or (b) if a copy of the ordinance is provided
for each council member and three 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 notice of their i
availability is given forthwith upon the filing, by (i) written
novice posted at the city I-all and two other public places in the
City or (ii) advertisement in a newspaper of general circulation in
the City.
(3) 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 incorp-
orating such a difference is read fully aT�d distinctly in open council '
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 recorded in the journal.
(5) Upon the enactment of an ordinan c.:e the recorder shall sign
it with the date of its passage and his name and title of office,
and within three days thereafter the mayor shall sign it with the
date of [his] signature, and the [his] name and [the] title of [his]
office of the mayor.
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Measure No. 55
` Section 19 of the Tigard City Charter is amended to read:
Section 19. VOTE REQUIRED. Except as this Charter otherwise
provides, the concurrence of the majority of the members of the
Council present and voting at a council meeting shall be necessary
to decide any question before the Council.
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EXHIBIT "B"
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PPWCINT NO. POLLING PLACE
30 Fowler Junior High School - 10865 S.W. Walnut
31 Canaries F_ Tigard Grade School - 12985 s_w. Grant
32 Charles F. Tigard Grades School - 12985 S.W. Grant
33 Fowler Junior High School - 10865 S.W. Walnut
34 Twality Junior High School - 14650 S.W. 97th
35 Phil Lewis Grade School - 12615 S.W. 72nd
40 Twality Junior High School - 14650 S.W. 97th
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41 Summerfield Club House - East Entre-ace
10650 S.W. Summerfield Drive
46 Mary Woodward.Elem. - 12325 S.W. Katherine
180 Summerfield Club House - East Engrance
10650 SW Summerfield Drive
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