Resolution No. 98-46 CITY OF TIGARD,CREG N
RESOLUTION NO.98-�(p
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIGARD SUBMITTING TO THE
VOTERS A PROPOSED CHARTER AMENDMENT TO BE VOTED ON AT THE NOVEMBER 3,
1998,GENERAL ELECTION
WHEREAS,a public hearing was held on August 11, 1998,to receive input from the citizens of Tigard on
a proposed Charter amendment;and
WHEREAS,after due consideration,the Tigard City Council has decided to forward the proposed Charter
amendment to the voters;
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: An election is hereby called in and for the City of Tigard,Washington County,Oregon,
for the purpose of submitting to the legal voters of said City the following question:
Shall the City of Tigard update and amend its Charter which was adopted in 1962?
SECTION 2: Tuesday,November 3, 1998,between the hours of 7:00 a.m.and 8:00 p.m.,is hereby
designated the date and time for holding the election for the purpose of voting on the
measure as Stated in the above paragraph.
SECTION 3: The election will be conducted by the Washington County Elections Department,which
department shall establish polling places, precincts, and election boards for such
election.
SECTION 4: The precincts for said election shall be and constitute all of the territory included within
the corporate limits of the City of Tigard.
SECTION 5: The ballot title to appear on the ballots shall be:
CAPTION: CITY OF TIGARD CHARTER AMENDMENT
QUESTION: Shall the City of Tigard update and amend its Charter which was adopted
in 1962?
SUMMARY: The proposed revisions will update and amend the Charter. State law
requires that the City Council designate one person to serve as the Budget Officer.
The Tigard Municipal Code designates the City Manager as the Budget Officer. The
Code also gives the City Manager the authority to appoint and remove department
heads,including the Finance Director. Section 10 currently provides that the Finance
Officer be appointed or removed by the Mayor with consent of Council.Section 10 of
the Charter shall be amended to remove the words"a finance officer"to conform with
the State law and Municipal Code.
RESOLUTION NO.98-40
Page I
In Section 18,a sentence shall be added to read"Should the President of the Council
vacate the Council office he or she holds,the Council,by ballot,shall choose from its
membership a person to act as President of the Council until the next President of the
Council is chosen pursuant to this section."
SECTION 6: The City Elections Officer is hereby directed to give notice of receipt of the ballot title
as required by ORS 250.275,by publishing such notice in the next available edition of a
newspaper of general distribution in the City.
SECTION 7: The Act containing the frill Charter amendment is attached hereto and included in this
Resolution by this reference.
PASSED: This J day of� .�7�' 1998.
a r-City of Tigard
ATTEST:
City Recorder-City of Tigard
I:W.DMICATHY%COUNCIL\C HRTR88.DOC
Alk
RESOLUTION NO.98-:�1Q
Page 2
AN ACI,
A Charter Amendment Submitted to the Voters by the City
Council. The Charter of the City of Tigard is amended
(deletions are shown in [brackets] and additions are underlined)
to read as attached hereto and referenced in City of Tigard
Resolution No. 98-- .
TIGARD MUNICIPAL CODE
Section 10. OTHER OFFICERS. Section 18. PRESIDENT OF THE
COUNCIL.
Additional officers of the City shall be a At the first meeting of each odd numbered
city manager,municipal judge,a recorder, [a year,the council by ballot shall choose a
finance officer,] and such other officers president from its membership. In the mayor's
as the council deems necessary. Each of these absence from a council meeting the president
shall perform the duties of the office of mayor
officers shall be appointed and may be and preside over it. Whenever the mayor is
removed by council by consent of the council. physically or mentally unable to perform the
The council may combine any two or more functions of office,the president shall act as
appointive city offices. The council may the mayor pro tem. Should the
designate any appointive officers to supervise
any other appointive officer except the president of the Council vacate
municipal judge in the exercise of judicial the Council office he or she
functions. (Measure 34-58,November 5, 1996 holds,the Council. 1,�ballot
election,Res.96-53,Measure 52,November 5,
1985 election). shall choose from its membership
AMA
qw a person to act as president of the
Council until the next president
of the Council is chosen pursuant
to this Section. (Measure 54,May 18,
1982 election).
0ADMICA7H%AC0UNCWANACT.DOC
TIGARD MUNICIPAL CODE
Title 2. ADMINISTRATION AND consent of the city council. The administrator
PERSONNEL shall be the chief administrative officer of the city,
and as such shall be chosen solely on the basis of
Chapters: admi.--trative quAlifications and experience,
2.04 CITY ADMINISTRATOR without regard to political considerations.
2.06 RESIDENCY REQUIREMENTS. Appointment and removal of the city
2.08 PLANNING COMMISSION. administrator by the mayor shall require the prior
2.09 BUILDING APPEALS BOARD consent of a majority of the full council recorded
2.12 PARK AND RECREATION BOARD. at a public meeting. The city administrator shall
2.16 MUNICIPAL COURT. serve at the pleasure of the mayor and the city
2.20 JURY TRIAL*. council, and cause shall not be required for
2.24 CRIMINAL PROCEDURE. termLiation. (Ord.86-11 §1, 1986:Ord.84-06 §l,
2.26 WITNESSES*. 1984:Ord.65-29§2,1965).
2.28 POLICE RESERVE.
2.30 POLICE DEPARTMENT 2.04.030 Salary.
2.52 JAIL*.
2.36 PUBLIC LIBRARY*. The compensation for the services of the
2.40 NOMINATING PROCEDURE. city administrator shall be an amount fixed by
2.44 CITY COUNCIL*. action of the city council by resolution.(Ord.65-29
2.46 LOCAL CONTRACT REVIEW §3,1965).
BOARD.
2.48 CITY RECORDS. 2.04.040 Duties.
2.52 ABANDONED,FOUND,SEIZED AND
STOLEN PROPERTY. The city administrator shall:
2.56 RECORDER
2.58 FINANCE OFFICER. (1) Exercise control and supervision
2.60 CITY ATTORNEY. of all activities, departments and offices of city
2.64 CITY CENTER DEVELOPMENT government,except the office of municipal judge
AGENCY. and the office of city attorney,and shall interview,
selact and recommend to the mayor and council
Chapter 2.04. CITY ADMINISTRATOR all applicants proposed for appointment to city
offices,and make recommendations to the mayor
2.04.010 Office established. and council concerning the replacement of any
2.04.020 Appointment and removal. city appointive officer,other than the mayor and
2.04.030 Salary. councilmen,and shall have authority to appoint to
2.04.040 Duties. and remove from established positions,
subordinate employees of the city; provided,
2.04.010 Office established. however, that department heads shall be
appointed and removed after consultation with
Pursuant to Chapter III of the Charter of the mayor and council; and cause shall not be
the city of Tigard,there is established the office of required for termination of department heads;
city administrator of the city of Tigard, Oregon.
(Ord.65-29§l,1965). (2) Be the chief budget and fiscal
officer of the city and shall perform the functions
2.04.020 Appointment and removal, of budget officer as prescribed by the Local
Budget Law of Oregon(Chapter 294 ORS);
The office of city administrator shall be
filled by appointment by the mayor with the
2-04-1 Reformatted 1994
I284.321 PUBLIC FINANCIAL ADMINISTRATION
pRS(1) Drainage dist icts organized under corporation in which they are interested.
11963.576§2l
(2) District improvement companies or- 294325(Amended by 1961 c.397§1;re
I ganized under ORS chapter 554; .576§441 pealed by 1963
(3) Highway lighting districts organized 294.326 Compliance with Local Budget
under ORS chapter 372; iAvv required prior to e
(4) Irrigation districts organized ,under expenditure de tan
� g levy; exceptions. (1) Except as provided in
j ORS chapter 545; subsections (2) to (9) of this section, it is
(5) Road districts organized under ORS expend awful for an to unicipal corporation to
vy a tax in any year
chapter 371; upon
property subject to taxation unless the
(6) Soil and water conservation districts municipal corporation has complied with fine
organized under ORS chapter 568 which do provisions of ORS 294.305 to 294.565.
not levy an ad valorem tax; (2)Subsection(1)of this section shall not
(7) Municipal public utilities operating apply to the expenditure is the year ll of
under separate boards or commissions, au_ ceipt of grants, gifts, bequests or devises
thorterSzed. under ORS chapter 225 and city transferred to a municipal corporation in
charters, and people'" utility districts organ- trust for specific p or
'zed under ORS chapter 261, both o g se trust fundsua oches o of other special
without ad valorem tax support; operating p
1pur
a corporations. However. subsection (1)of
(8) Housing authorities organized under this section shall apply to the expenditure of
ORS 446.515 to 446.547 and QRS chapter 456 grants' gifts, bequests or devises transferred
That are not carrying out urban renewal ac-
tivities using a division of ad valorem taxes general purposes or to the expenditure of
+ under ORS 457.440; grants, gifts, bequests or devises transferred
(9) Water control districts organized un_ ci lc municipal corporation in trust for s�1e-
der ORS chapter 553 which do t le Purposes which were received in a prior
ad valorem tax �o v3' an year. Expenditure of grants, gifts, b uests
and devises exempt from subsection 1) of
(10)Hospital financing authorities organ- this section by this subsection shall be lawful
ized under ORS 441.525 to 441.595• only after enactment by the governing body
(11) Export trading corporations organ- of the municipal corporation of appropriation
ized under ORS 777.755 to 777 800;and g ordinances or resolutions authorizing the ex-
(12)Diking districts or penditure.
'j chapter 551. 11963.576§35;organized
gay79� a (3)Subsection(1)of this section shall not z•
§§811x;1979.696§9;1981.916§5;1983.200§18;1985.361 dock ommissionwhenever horgoverning
peopr le s utilityof disttrricct
294-O[Repealed by 1963.576§441 or of a public utility or a hospital operation
purposes 294.321 Purposes. The u of a mun'cipal corporation has declared the
294.305 to 294.565 are: p of ORS existence of an unforeseen occurrence or
condition which could not have been f0re-
(1) To establish standard procedures for seen at the time of the preparation of the
the preparation, presentation, administration budget for the current year or could not have.
and appraisal of budgets of municipal orpo- foreseen a pressing necessity for the expend-
rations; iture or has received a request for services.. .
(2) To provide for outliningof the pro- or facilities, the cost of which shall be sup-.;,
grams of a municipal corporation and pthe
ro- plied by a private individual, corporation.'br,:_:`
fiscal policy which is to accomplish these company or by another governmental un`it's
Programs; necessitating a greater expenditure of pub&c
money for any specific purpose or purposes g
(3)To provide for estimation of revenues, than the amount budgeted therefbr ordei`r
expenditures and proposed tax levies; to provide the services for which it was;'irO
(4) To provide specific methods for ob- sponsible. Such governing body may make
taming
i Popuylic views in the preparation of excess expenditures for such specific purpose
11i or purposes beyond the amount budge
(5)To provide for the control of revenues appropriated therefor to the extent-'.that:
and expenditures for the promotion of eftii- maintenance, repair or self-insurance rrse-
ciency and economy in the expenditure of serves authorized by ORS 294.366 or nontaz
public funds;and funds are available or may be made availabl
Such expenditures shall be lawful onlyti
(6) To enable the public, taxpayers and the enactment of appropriate appropriatldn
investors to be apprised of the financial poli- ordinances or resolutions authorizing*cies and administration of the municipal pend'tures. The ordinance or resolutiori'the fe3c
{sh$11
Title 28
Page 102 (1995 Edi
MUNICIPAL FINANC711L pT)AUNISTR,ATION
294.336
state the need for the w-penditure, the pur_ and actin as budget officer,shall re
ProPriated a expenditure and the amount ap supervise acting
g Prepare or
ument.The budget officer shaaration of ll a b u under dot-
Y (4)Subsection(1)of this section shall not direction of the executive officer of them e
apply to the expenditure during the current nicipal corporation, or where no executive
tyear of the proceeds h the sale of the fol- officer exists,under the direction of the gov-
he cugxxen ds, or to the expenditure during erning body. (1963,576§51
service on thyeearof other following bonds. to pay debt 29t=(Repealed by 1963,576§441
(a) Bonds that are issued under the Uni- as provided iupRS 294.3 committee.
the(governing
form Revenue Bond Act ORS 288.805 to body of each municipal corporation shall es-
288.945, for which the 60 ay period described tablish a budget committee a accordance
tion ORS
8current year'ss budget;
a prepare with the provisions of this section,
r (2)The budget committee shall consist of
(b) Bonds or other obligations that were the members of the governing body and a
approved by the electors during the current number, equal to the number of members of
y..ar; or the governing bol
(c) Bonds or other obligations issued y, of electors of the munic-
ipal corporation appointed by the governing
during the current year to refund previously body coy
there are electors fewer than the
issued bonds or obligations. number required,the governing body and the
(5)Notwiths*alyding su'section(4)of this electors who are willing to serve shall be the
seStion, subse^tion (1) of this section shall budget committee; and if there are no elec-
t apply to expenditures of funds received tors willing to serve, the governing body
from the sale of conduit revenue bonds is- shall be the budget committee.
sued for private business or nonprofit cordo- (3)The members of the budget committee
rations by cities,
ities counties, port districts, shall receive no compensation for their Serv-
sspptate of 0ecial districts, the Port of Portland or the ices as members of such committee.
rch bondsregon or to pay debt service on (4) Appointive members of the budget
committee shall not be officers, agents or
(6) Subsection(1)of this section shall not employees of the municipal corporation.
apply to expenditures of funds received from (5)The appointive members of the budget
locals in rrovements benefited property for committee shall be appointed for terms of
p as defined 1n ()RS three years. The terms shall be staggered so
223.002 if at least 80 percent of the total cost that one-third or approximately one-third of
of such imprpoveme is is to be paid by owners he terms of the appointive members end
Of benefited p y, each
(7)Subsection(1)of this section shall not (6) If an a _
aPP1Y to the expenditure of funds accumu- serve the term for lwhich the member
fated to pay deferred employee compensation. appointed, or an appointive member resigns
apply to(8)Subsection(1)of this section shall not prior to completion of the term for which the
grantedy cOuntieies°under ORS interest o 6.them ofethe imunicipal corp-, the governing body
vacant b appointment
r shall fill the
(9)Subsection(1)of this section shall not term. y y Pp°mtment for the unexpired
apply to refunds, received by a municipal
corporation when purchased Items are re (7)If the number of members of the gov-
turned after an expenditure has been made. erning body is reduced or increased by law
Expenditure of refunded amounts to which or charter amendment, the governingbody
tlis subsection applies shall be lawful only of the municipal corporation shall reduce or
after the governing body of the municipal increase the number of appointive
corporation has enacted,after public hearing, of the budget committee ahe number
appropriate appropriation ordinances or res- thereof shall be equal to but not
olutions authorizingg such expenditure. (1963 the number of members of thereater than
,676§4;1965,451§2;1977,102§2;1979,310§i; 1987 body. To effect a reduction, the governing
-280§l;1991,902§130;1995,333§31 body of the municipal co governing
�-'Zo(1lepealed by 1963,576¢y1 move such number of a rporation may re-
may be necessa pP°mtrve members as
294.331 Budget officer. The governin made so that the number remaining will be
body of each m g rY• The removals shall be
provided corporation shall divided into three equal or approximately
charter, designate
provided by county or city equal groups as to terms, In case ani
budget odesi na Boone person to serve as crease, additional appointive members shall
Person ar department meet officer, or the be appointed for such terms so that they, to-
e
by charter gether with the members previously ap-
Title 28
Page 103
(1995 Edition)
MEMORANDUM
CITY OF TIGARD
TO: Honorable Mayor and City Council
FROM: Liz Newton, Assistant to the City Manager b4 2,
DATE: August 6, 1998
SUBJECT: Charter Revisions
Attached is a revised resolution for Council consideration at the August 11, 1998
meeting. The resolution was revised to reflect concerns raised by Councilor Hunt.
First, Section 2 was revised to clarify that the polls will be open from 7:00 a.m. to
8:00 p.m. on election day.
Second, the ballot summary contained in Section 5 of the resolution was revised. Ballot
summaries are limited to 175 words.
ORS Section 294.331 requires municipal governing bodies (City Councils)to designate
one person to serve as Budget Officer. Tigard Municipal Code Section 2.04.020(2)
designates the City Manager to act as Budget Officer. The Municipal Code also gives
the City Manager the authority to appoint and remove department heads such as the
Finance Director. Chapter 10 of the City'a C.arter does not reflect State Iaw or City
ordinances by listing a Finance Officer as a position the Council has the authority to
appoint or remove. The City does not have a Finance Officer. Bill Monahan,the City
Manager, is also the Budget Officer and is appointed by Council. Wayne Lowry, the
Finance Director and a department head reports to the City Manager.
LAN\;h
attachments
I-W DMLLIZ\080698-1.DOC