City Council Packet - 08/01/1995
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NOTICE OF SPECIAL MEETING
TIGARD CITY COUNCIL
AUGUST 1, 1995
6:30 PSI - RED ROCK CREEL{ CONFERENCE ROOM
13125 S.W. HALL BOULEVARD
TIGARD, OR 97223
Notice is hereby given that a special meeting has been called by
the Mayor, with the common consent of the City Council, for
August 1, 1995, in the Red Rock Creek Conference Room. The purpose
of the meeting is for Council review and discussion of Council
groundrules. The Council may also go into Executive Session under
the provisions of ORS 192.660 (1) (e) & (h) to discuss real
property transactions and current & pending litigation issues to
discuss or receive updates on matters pending before the City.
The Council may also meet in open session to discuss administrative
items.
Catherine Wheatley, City Recor r
Date Posted: July 26, 1995
Press Notified: The Oregonian (Harry Bodine)
The Tigard Times (Donna Schmidt)
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NOTICE OF SPECIAL MEETING
TIGARD CITY COUNCIL
JULY 6, 1995
6:30 PIS - RED ROCK CREEK CONFERENCE ROOM
13125-S.W. HALL BOULEVARD
TIGARD, OR 97223
Notice is hereby giv that a special meeting has been' called by
the Mayor, with the co on consent of the City Council, for July 6,
1995, in the Red Rock eek Conference Room. The purpose of the
meeting is for Counci reviews and discussion of Council
groundrules. The Council ay also go into Executive Session under
the provisions of ORS 19 660 (1) (e) & (h) to discuss real
property transactions and c rent & pending litigation issues to
discuss or receive updates on attars pending before the City.
The Council may also meet in open ession to discuss administrative
items.
7
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Catherine Wl' _atley, City Rec rder
Date Posted: June 26, 1995
Press Notified: The Oregonian (Harry Bodi e)
The Tigard Times (Donna S idt)
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FACS33ULE TRANSMISSION
CITY OF TIGARD, OREGON
TO: Honorable Mayor & City Council
FROM: Cathy Wheatley, City Recorder
DATE: July 31, 1995
SUBJECT: Special Council Meeting - Council Groundrules
Reminder-the special Council meeting on groundrules will be held
tomorrow (August 1) in the Red Rock Creek Conference Room at
6:30 p.m. with a light dinner available for you at 6 p.m.
As you may recall., this groundrules meeting was originally
scheduled for July 6 and a packet was prepared for Council (in a
green manila folder). No additional information has been drafted
since this packet was prepared so that is all that was prepared by
staff for this meeting. Since the information was distributed so
long ago, I°11 have a couple of extra copies available at the
meeting if you cannot locate your copy!
Also accompanying this fax transmission is the memo prepared by
Bill dated June 27, 1995.
If you need any additional information, please do not hesitate to
give me a call.
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MEMORANDUM
CITY 'OF TIGARD, OREGON
TO: Honorable Mayor and City Council
FROM!: Hill Monahan, City Administrator W
DATE: June 27, 1995
SUBJECT: Council Groundrules
Attached is an example of a more complete and defined set of
gro uidrules. If tha Council would like, we can take this on as a
task to draft a similar document for your consideration in the
future.
Also attached is a collection of resolutions approved by the City
Council over the years setting policy for the manner in which the
Council meetings were to be conducted.
Options for Council to consider on July 6 could include:
1. Review Resolution No. 94-35 (Council Groundrules) and
amend to reflect results of Council discussion.
2. Ask staff to prepare, for council review and
consideration, an Agenda Process booklet, similar to the
attached.
'Y'
Council Process - Tigard Resolutions:
Resolution No. Resolution Title
94-35 Establishing Policy of the City Council
Regarding Council Groundrules Concerning
Communication Between City Council Members,
the General Public, City Administrator, and
City Staff (Supersedes Resolution No. 93-05)
75-30 Establishing Voting Order of the Council on
Roll Call Vote
77-91 Establishing Policy of the City Council
Regarding Interrelationships Between the City
Council and its Appointed Boards
81-114A Setting Rules of Procedure, Agendas, and
Length of Meetings
CITY OF TIGARD, OREGON
RESOLUTION No. 75•- 30
A RESOLUTION ESTABL SHING VOTING ORDER OF THE COUNCIL ON ROLL CALL
VOTES
WHEREAS, no definitive policy exists relating to the order
of rdll 'call for voting purposes, and
WHEREAS, the Council deems it desirable to establish a
procedure-by resolution which will vary the order of roll call votes.
NOW THEREFORE, BE IT RESOLVED BY THE TIGARD CITY COUNCIL THAT:
Section 1: Commencing at the meeting. at which this resolution is passed
• by Council the roll shall be called in alphabetical order by
last name. At each succe_ding meeting at which a roll call
vote-is taken the Councilman who voted last during the
previous meeting shall vote first and the Councilman who
voted first during' the preceding meeting shall vote second
and so on in a rotating fashion. It is the intent of this
resolution that the voting order remain fixed for each
meeting and that a different Councilman shall vote last
during each separate meeting for the duration of that meeting.
Section 2: This resolution shall become effective immediately upon
passage.
PASSED: This day of ~n n z 1975.
Mayor
ATTEST:
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City 'Recorder "y
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CITY OF TIGARD, OREGON
RESOLUTION No. 77- q1
A RESOLUTION ESTABLISHING POLICY'OF THE CITY COUNCIL REGARDING INTERRELA-
TIONSHIPS BETWEEN THE CITY COUNCIL AND ITS APPOINTED BOARDS.
WHEREAS, it appears to the City Council that it. is desirable to
establish policies in written form regarding the interrelationships
between the City Council and its various appointed Boards:
Nov, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1: It is the policy of this Council to make known to the public
the occurence of vacancies on its various Boards and Commissions
by notice of same in local newspaper(s) for the purpose of informing persons
who may be interested in appointment.
SECTION 2: It is the policy of this Council to entertain suggestions from
each Board for candidates to be considered for appointment to
vacancies.. It shall'be the responsibility of each board to be aware of
vacancies and to submit its suggestions to the Council in a• timely fashion.
SECTION 3: It is the policy of this Council to entertain regular repre-
sentation by persons residing outside the City on those boards
which provide for such non-city membership.
SECTION 4: This resolution shall become effective upon its passage and
shall remain in effect until superseded by further action of
the City Council.
PASSED: This _72 day of DJPkn 1~iQA- 1977.
Mayor
ATTEST:
-xLl ~ _
City Recorder
RESOLUTION-No.
i! 1311
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CITY OF TIGARD, OREGON
RESOLUTION No. 81- a*-,#
t A RESOLUTION OF THE TIGARD CITY COUNCIL SETTING COUNCIL RULES OF PROCEDURE,
AGENDAS AND LENGTH OF MEETINGS.
NOW, THEREFORE,
BE IT RESOLYED by the Tigard City Council that the following rules and
polictes will be set for procedures, agendas and length of•Cbuncil meetings.
o Unless specifically noted otherwise, the meetings of the Council shall
begin at 7:30 P.M. at=the established place of meeting.
o Council agendas shall be set by the City Recorder with the advise of the
City Administrator as City and public business necessitates and in
accordance with Council directives. Citizen communications shall either
z be in writing or oral presentations if the topic and approximate length
of time needed is identified prior to.aet:ting_the final agenda. The
Council shall de.ter'n ne any-other iron-agenda items to-be added or
agenda item to be'•reset.
o "The'.Chairman, or patier members. if the Chairman fails to remember, shall
call for a Pdint-of-Order at or'around'10:00 P.M.' to review remaining
items on.the agenda with the.-Council, The Council shall:reset".or'
reschedule these items which it feels may not be reached prior to:.
regular. time, of adjdurnment.•
o The regular-time of.adjouxnment shall be 11:00 P.M. unless extended1)y
AAA,
unanimous .eonoan --ht i ?S~ ac ;msmbers:-then present,.:if;.:no ;-continue
::bg--unanimous consents View- the, meeting' shall be adjourned to either-'.the
next scheduled meeting or-the meeting shall-be continued to'a special
meeting on another date: _
.:-PASSED: This day.. of o7~d 9 1981.
Mayor
ATTEST:
Recorder
CITY OF TIGARD, OREGON
RESOLUTION NO. 94-_a5
A RESOLUTION ESTABLISHING POLICY OF THE CITY COUNCIL REGARDING
COUNCIL GROUNDRULES CONCERNING COMMUNICATION BETWEEN CITY COUNCIL
MEMBERS, THE GENERAL PUBLIC, CITY ADMINISTRATOR AND CITY STAFF
(SUPERSEDES RESOLUTION NO. 93-05)
WHEREAS, it has been deemed desirable to the City Council to
establish policies in written form regarding' communication
groundrules in performing their duties as elected officials for the
City of Tigard.
NOW, THEREFORE, BE IT RESOLVED by'the Tigard City Council that:
Section 1: The City Council hereby adopts the council
Groundrules described in Exhibit "All attached
hereto.
PASSED: This CQU day of 1994.
Ma --City of Tigard L'
ATTEST:
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City Recorder - City of i and
Exhibit W
Council Groundruie
or m'nic3titl a $etween Co~~n61Qrs City Administrator =d Staff
• Councilors are encouraged to maintain open communications with the City Administrator,
both as a group and individually in one-on-one sessions.
• Councilors are encouraged to direct inquiries through the City Administrator, giving as much
information as possible to ensure a thorough response.
• In the absence of the City Administrator, Councilors are encouraged to contact the
Department Head, realizing that the Department Head will discuss any such inquiries with
the City Administrator.
• Contacts below the Department Head are discouraged due to the possible disruption of work,
confusion on priorities, and limited scope of response.
• The agenda cycle ells for submittal of items 10 days in advance of a meeting. Add-ons are
to be minimized, and handouts distributed at the start of meetings, except Executive Sessions.
• Staff will schedule items allowing time for staff research and the agenda cycle deadlines.
• Do not assume Staff is guilty until proven innocent.
Surprises or "plops," should be avoided, especially if they appear intended to embarrass or
discredit. Councilors and Staff should prepare in advance of. public meetings and issues
presented in packets.
• Council is supportive of role staff should play in offering professional recommendations. Staff
is aware of Council's right to make final decisions. All recognize the need to respect the
messenger.
Communications Among Qmpg fors
• Add-on-Agenda items are not "plops," but should be brought up at the start of the meeting
and generally considered only if continuing to a later agenda is not appropriate.
• Councilors are encouraged to suggest agenda topics at the bench or to contact the City
Administrator about scheduling an item into the Tentative Agenda.
• Requests for legislative action of Council may be initiated by any individual Councilor during
a Council meeting. The City Administrator will respond to the request consistent with
resources and priorities, or refer to Council as a whole.
• Try to avoid behavior which tends to embarrass or discredit, even if unintentional.
Communications with Communitv/General Public
• Councilors and General Public are reminded of the ' Agenda cycle and cut-off dates.
Administrative staff is available to explain how public issues are handled and how citizen
input may be accomplished.
• "Official" communication should come through City Hall and be provided by the
Administrator. Direct submittals or inquiries to the Council or individual Councilors should
be referred to the Administrator, or Councilors may ask the Administrator to look into an
issue.
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• Official "press releases" are encouraged, both to assure accurate reporting and to advise
Council and Staff of the official position communicated to the press. Press releases are
through the Mayor's Office.
Councilors are always Councilors in the eyes of the Administration, never sijnply private
'citizens.
• Information that "affects" the Council should go to Council. The City Administrator is to
decide on "grey areas," but too much information is preferable to too little.
• Budget cuts mean policy decisions. Budgets will not be cut "piece meal" or "across the board,"
but rather should be made in service or program areas, giving Staff full opportunity to provide
data clearly defining impact.
• If Councilors are contacted regarding labor relations during labor negotiations or conflict
resolution proceedings, then Councilors have no comment.
• Councilors and the City Administrator agree to report and discuss any contact which might
affect labor relations with the entire Council in Executive Session.
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Council Groundrules - Page 2
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TABLE OF CONTENTS
City Council Agenda Procew .....................................................................1
.7
D es ....................................................................................................9
Definitions ..................................................................................................4
Consent Calendar ...................................................................................4
Desk Packet ...........................................................................................4
Discussion Session .................................................................................4
Executive Session. 5
Management Brief ..................................................................................5
Motion 5
Ordinance 6
Regular Session ......................................................................................6
Resolution. 6
Quasi-Judicial Item ................................................................................6
Study Session ........................................................................................6
Special Considerations ...............................................................................7
Agenda Item Request Form .....................................................................7
Agenda Memorandum ............................................................................7
Management Brief (City Manager's Report) ..............................................7
Item Responsibility .................................................................................8
Successive Considerations ......................................................................8
Emergency Situations .............................................................................8
Copies ....................................................................................................8
Continued Items .....................................................................................8
Contract Routing Form ...........................................................................9
Return of Agenda Memorandum Material ................................................9
Instructions for Completing the Agenda Memorandum ............................10
Subject ...................................................................................................10
Fiscal Impact ..........................................................................................10
Staff Contact ..........................................................................................10
Policy Consideration ....:..........................................................................10
Background ............................................................................................10
Options 11
Recommendation ....................................................................................12
Motion- 12
Attachments ..................................12
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CITY COUNCII, AGENDA PROCESS
The following materials are intended to assist staff with the preparation of items for City
Council consideration. As staff reports often supply the major input to the Council. It
is very important that the pertinent procedures be fully understood and followed. If
additional information is required, please contact Marie O'Connell. Office of the City
Clerk. 455-6805.
The specific steps involved in preparing the City Council agenda are:
1. The first stage of Council agenda preparation begins with the department
involved. All matters that appear to require Council action are to be
discussed with and approved by the appropriate department head.
2. The department prepares a formal agenda item submittal sheet entitled "City
Council Agenda Memorandum", with support material attached. Forms are
available at the City Clerk's Office.
Concurrently, the goldenrod "Agenda Item Request Form" is prepared and
the supporting documents are routed to the Finance Department, with
copies going to the City Manager's Office and the City Attorney's Office. The
_ City Attorney's Office reviews the item for legality; Finance for financial
issues and the City Manager for policy and timing.
This step must be taken eleven working days prior to the Council
meeting at which action is intended to allow for adequate review.
3. The City Attorney's Office determines the proper legal procedure for the
action to be taken, and writes the appropriate legislation (ordinance,
. a resolution or motion). However, the department submitting the material to
the City Attorney's Office is responsible for providing all non-legal material
necessary for attorney review.
Ordinance/resolution requests are due in Legal eleven working days
before the meeting at which the legislation is to be introduced. This
will allow for inclusion of finalized legislation with the rest of the
packet.
4. It is the responsibility of the originating department to forward the
completed original, packet with accompanying "Agenda Item Request Form"
initialed by the Finance Department, City Attorney's Office, and Department
Director to the City Clerk for final review and approval.
This should be done by the Friday noon, 5-1/2 working days prior to
the intended Council meeting. This scheduling allows tinge for items to
be reviewed by the City Manager's Office.
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5. The City Clerk prepares a final agenda at 10:00 a.m. Tue morning
for City Manager review and approval for the following Monday meeting.
A A 6. The complete agenda packet is finalized by 6:00 a.m. Thuzsdag and
. delivered to the Print Shop no later than 10:00 a.m. TAursda y for
printizig. ' a
7. By 3:00 p.m. T'nursday, the Print Shop delivers the printed packets for N
distribution to the City Council. }
9. On Thursday afternoon the City Clerk's Office distributes the agendas for =
the following Monday's meeting.
10. Office of City Clerk staff delivers the Councilmembers' packets by Thursday
evening.
11. The agenda packets for the press and departments are printed and
distributed by 12 noon on Friday.
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DEADMW
w ..7sa _a.eadlines will be P .e-or:ded each r
A list of these .d year by the City Clerks Office. Please
retain it in the front of this packet. The deadlines established for the Council agenda
process are reasonable and you are expected to meet them.
Eleven days prior to Council meeting at which action is requested:
® Submit original agenda memo, Agenda Item Request Form, with a
background material attached to the Finance Department.
® Submit copy of the agenda memo, Agenda Item Request Form, with
background material attached to the City Clerk.
® Submit request for ordinance/resolution/motion to the City Attorney's
Office, with background material attached.
1 Friday, noon, 5-1/2 wore days prior to Council meeting
e& Submit original Agenda Item Request Form (signed by Finance, Legal and
the Department Director). to the City Clerk.
Tuesday Morning, 10:00 a.m., week prior to Council meeting
s
ft City Clerk drafts agenda for following Monday meeting
Thursday morning, 3:00 a.m.
® Complete packet is finalized
Thursday morning, 10:00 a.m.
a
4R%' Packet and agenda to Print Shop
Thursday afternoon, 3:00 p.m.
Yt` ® Packets for Councilmembers printed and delivered; Agendas are printed
and distributed for the following Monday's meeting.
` Friday 12:00 noon
® Distribution of remainder of packets
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DEF DrITIONS
CONSENT CALENDAR:
The Consent Calendar is designed to allow the Council to act with one motion on
several items upon which no debate or dissenting votes are expected. If there is any
question about the unanimity with which the Council will view an item, it should not be
placed on the Consent Calendar.
A Courcilmember may "pull" an item from the Consent Calendar to cast a dissenting
vote or discuss the item. Consent Calendar items are not scheduled for Study Session
or discussion. If the issue has previously been before the Council and one of the
members has cast a dissenting vote. the item should be placed under Agenda Item 11,
"Other Ordinances. Resolutions and Motions".
DESK PACKET:
Occasionally it is necessary to bring forward material to the Council which is not
available in time, for reproduction in the Council Agenda Packet but is pertinent to a
scheduled agenda item for that week. Any such item must be reviewed by the City
Clerk and have explicit approval of the City Manager, by 3:00 p.m., Monday afternoon.
In such unusual cases, the item is duplicated and placed in the Council's desk packet.
which is made available just before the Study Session. Placing last minute items in the
Council desk packet should be done sparingly since the Council has very little time to
review these items. In general. all necessary information should be printed in the
Council Agenda Packet so Councilmembers have adequate time for review.
Items received for the Council which are not on the scheduled agenda for that meeting
should be given to the Council Coordinators for the Council =nail packet.
DISCUSSION SESSION:
This portion of the Council Study Session is designed to allow the Council to review
matters which will be brought for action the following week. It is an opportunity for
Council to ask questions and for staff to provide answers before the matter is debated
in Regular Session. The agenda memo from the Discussion Session is usually
transferred to the next packet, along with any clarifications requested by the Council.
1726.A -4-
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F.XECUITVE SESSION:
An Executive Session is that portion of a meeting from which the public is excluded.
An Executive Session is permitted under RCW 42,30.110 only under certain
circumstances. the major categories being:
1) To consider property acquisition or disposition:
2) To consider litigation or potential litigation with legal counsel;
3) To consider personnel matters.
Executive Sessions are scheduled on the agenda at the end of both the Study Session
and the Regular Session. They are not recorded: nor are written minutes maintained.
(See Executive Session Procedures, page 13.)
MANAGEMENT BRIEF:
A management brief is a method of providing background to the Council on an issue.
Management briefs are listed on the Regular Session agenda under "City Manager's
Report", giving the Council the option of adding the topic to the agenda for discussion.
Sometimes, staff will seek Council direction on a policy issue raised in a management
brief. If Council direction is needed. the request should be underlined in the
management brief. along with a request to place the item on the regular agenda to give
such direction. (See sample Management Brief, page 16.) These items have a double
asterisk on the agenda for Council convenience.
MOTION:
According to Robert°s Rules of Order. I a motion is the manner by which business is
brought before the Council. A motion is a formal proposal by a member that the
Council take a certain action. It must be seconded and supported by a majority of
those-voting in order to pass.
Certain agenda items may pass by motion, such as the acceptance of a bid or
completion of a project. Most such motions are placed on the Consent Calendar. (See
sample agenda memos, pages 19 and 22.)
1
1
lRoberts°s Rules of Order, Newly Revised, edited by Henry M. Robert, III. and William J.
Evans, (Scott. Foresman, and Company, Glenview. Illinois) 1990. p. 97.
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ORDINANCE:
An ordinance is a legislative enactment of a municipality that has general application
within the community. Any action subject to referendum must be passed by ordinance.
as must any action that imposes a tax. fee, or regulatory requirement citywide. All
ordinances require four votes for passage. regardless of the number of Councilmembers
present at the meeting.
The City Attorney's Office determines whether a piece of legislation should be an
ordinance, resolution, or motion.
REGULAR SESSION:
The Regular Session is the part of the Council meeting when most Council actions are
taken. public hearings scheduled. and public comment taken. The Council meets in
Regular Session at 6:00 p.m. the first four Mondays of each month. It meets only the
first Monday in August and the first two Mondays in December. If Monday falls on a
legal holiday. the meeting is held on Tuesday.
RESOLUTION:
A resolution is an expression of the will of the Council or an authorization to engage in
certain conduct. such as authorizing the City Manager to sign a contract. It does not
directly affect or impose a requirement on the entire community. Resolutions require
only a majority vote of those present at the meeting.
QUASI-JUDICIAL ITEM:
A quasi-judicial action is a matter which determines the legal rights, duties or privileges
of a specific party or parties in a hearing or other contested case proceeding, as
opposed to a legislative or policy-making action. Councilmembers are not allowed to
discuss quasi-judicial items outside the context of a Council meeting because they are
acting as judges in these matters and must be fair to everyone concerned.
Quasi-judicial items are noted on the agenda with an asterisk to alert everyone to the
special way in which these items must be treated. No public comments are taken on
these issues. The Council hears quasi-judicial items on the second and fourth
Mondays of each month.
STUDY SESSION:
The Study Session part of a Council meeting is designed to allow the Council. to hear
staff reports and discuss policy items which require extensive debate before action is
taken at a later date in a regular meeting. The Study Session begins at 6:00 p.m. and
concludes before the Regular Session starts at 6:00 p.m. Study Session items are
either identified by staff or scheduled at the request of a Councilmember.
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AGENDA ITEM REQUEST FORK!
7 , An "Agenda Item Request Form" should be attached to the front of the agenda
F:. information submitted to alert the City Clerk that an agenda item is coming before the
I - Council for review and to advise that it has been approved by the necessary, persons.
The form must have signatures from the Finance Department and the City Attorney's
Office. The fully signed Agenda Item Request Form is then submitted to the City Clerk.
Agenda Item Request Forms are required for Study Session items. Regular Session
items, and management briefs.
n:
AGENDA MEMORANDUM
Y-. The department may produce the agenda memorandum itself or have it done in Word
Processing. There are several ways Word Processing can accomplish this:
1) The form is on record in Word Processing and can be dictated over the phone.
Call 455-7512 for telephone dictation.
2) A file can be transferred from Word Perfect to Word Processing for
reformatting.
3) If the file is on disc, it can be brought to Word Processing and .reformatted. 5-
1/4" disc or 3-1/2" Disc High Density.
4) If the file is in E-mail. it can be sent to Word Processing and reformatted.
s: A one or two page memorandum will usually be sufficient for most items. In all cases.
r. the memorandum should be no longer than necessary to explain the item. The agenda
item designation and page numbering will be assigned by the City Clerk's Office. The
agenda memorandum should be proofed. signed. and ready for final processing when
presented to the City Clerk. There should be no need for the City Clerk's Oice to
correct typographical errors or change titles to proper form, etc. It is the originating
' department's responsibility to assure the quality of the submitted agenda materials.
94,
MANAGEMENT BRIEF (CITY MANAGER'S REPORT)
R innagement Briefs must be processed in the same manner as other agenda items.
Because they sometimes involve policy questions with legal and/or financial
ramifications, placement on the Council agenda requires an Agenda Item Request
Form, which should be routed in the same manner as any other agenda item, starting
with the Finance Department. with copies to the City Attorney's Office and City Clerk.
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A Management Brief must meet the same schedule as any other agenda item, and
should be printed on stationery identifying it as such.
TI EM RESPONS1BILIZY
The responsibility for a complete agenda statement lies primarily with the submitting
department. It should not be assumed that another department will perform a function
unless it is clearly designated in this manual (such as proofing, review, or approval).
When in doubt, either perform the task or come to an agreement with the participating
department(s). The staff member or their department head should plan to attend the
Council meeting when the item is scheduled. to answer Councilmembers' questions and
make clarifications of the issue if required.
SUCCESSIVE CONSIDERATIONS
In instances where an item is discussed during Study Session and will be brought back
to Council for final action the following week, it is crucial that all of the work is
completed prior to initial consideration. This should include preparation of
resolutions/ordinances (and any alternatives) and a draft agenda memorandum with
necessary attachments. Because the packet is printed Thursday morning, approval of
finalized documents must be secured by 4:00 p.m. on the Wednesday following the
Study Session for inclusion in the following week's agenda. The City Attorney's Office
must finalize the appropriate ordinance/resolution prior to the City Manager's review.
EMERGENCY SITUATIONS
If a situation should arise in which a department needs to have an item brought before
Council but the deadline has passed, it is the responsibility of the department head to
secure the City Clerk's and the City Manager's approval to include that item on the
agenda. If the agenda has been finalized and is in the Print Shop. the item will be
introduced by the Council at the meeting under the "Approval of the Agenda" section of
the agenda.
COPIES
It is recommended that the originating department retain copies of all agenda materials
submitted for inclusion in the Council Agenda Packet.
CONTINUED ITEMS
At times an item will not be acted upon the first time it appears on the agenda and will
be "continued" to another meeting. Any continued item should have a new agenda
memorandum prepared by the initiating department. so it is important that
departments retain all background information. For any continued item on the agenda,
it is the responsibility of the initiating department to notify the applicant or party
involved that his/her particular item will be discussed by the Cot,incil on that date.
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NTRACT ROUTING FORM
y: if an agenda item also involves the approval of a contract by the City Council. a
Contract Routing Form and as many copies of the original contract as needed must
accompany the Agenda Memorandum. Usually three copies are sufficient: one for the
other party; one for the department; and one for the City Clerk's records. If the Contract
Routing Form is not completed properly. It will be returned. For information regarding
dollar amounts of contracts requiring City Council approval. contact the City Clerk's
Office.
After legislative approval. the City Clerk will fill in the date and number of the
resolution or ordinance. If the contract has been approved as to form by the City
Attorney's Office. it will be forwarded to Risk Management and the City Manager's Office
and then returned to the City Clerk's Office for filing. Additional copies will be returned
to the initiating department for appropriate distribution.
The contract routing form must include the following:
1) Dollar amount of the contract;
2) Source of the funding;
3) In-the case of an amendment, the original amount of the contract should be
specified: and
4) Expiration date.
(See sample on page 16.)
RETURN OF AGENDA MEMORANDUM MATERIAL
The agenda memo is normally circulated with the contract as background information.
If no contract is being circulated, the City Clerk's Office will return the agenda material
to the originator within a week of its appearance in the packet.
172GA _g.
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Elm
INSTRUCTIONSIOR COMPLETING
T AGENDA MEMORANDUM
The following explains what is to be included in each section of the Agenda
Memorandum. Samples of several types of agenda memos are included in this packet.
starting on page 17.
SUBJECT
The agenda memo should be concise. The title (subject) should provide sufficient detail
so it can be readily recognized and identified for filling and retrieval purposes.
Examples would be: "Bid No. re: Fire Trucks"; "Approval of Final Plat of
"Acceptance of Construction of "Resolution No. re:
"Ordinance No. Adopting 1984 Budget".
FISCAL IIWPACT
This section should disclose any monetary considerations, including:
1) Flow much the decision will cost:
2) Whether it is budgeted, and, if so, where:
3) If there are additional costs at some future point: or b
4) If there are revenue additions or losses associated with the item.
The above are the typical items to cover. but each agenda item presents a unique
situation for which creativity is encouraged.
STAFF CONTACT - Name and Title/telephone number
POLICY CONSIDERATION
Use this section to cover applicable state statutes. Comprehensive Plan policies, City
ordinances and resolutions. past established practices. or other information that will
help the Council understand the context or 'big picture" within which the decision is
being made. A useful starting point is to answer the question. "Why is Council being
requested to take this action?"
BACKGROUND
The next section of the memo provides the details regarding the background of
~ 1726A -lo-
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"r the item. including prior Council actions and the pertinent information which Council
,needs to make art informed decision. if the item has been before the Council on other
occasions or has been controversial. include in this section the Council's voting record
for prior decisions. This information can be found in the minutes of the meeting or the
Recap published each week by the City Clerk's Office.
When writing this section. the drafter should explain the item in a manner that "walks"
' the reader through the information in a logical fashion. Frequently, this means
presenting the information chronologically. In other instances, strive to arrange the
information so the transition from point to point is clearly understandable.
often, the initial part of the Background section might contain a brief history of the
item describing what the item is about and what the issue or action is. The next step
might be to explain why the item is ui3 for consideration at this particular time.
Normally a major section of the background relates key facts pertinent to the issue or
action to be taken.
~p The final aspect of the Background section is to discuss any other related information
surrounding the item and answering secondary questions that may have been raised in
the presentation of all the background information (such as official Board, Commission,
Community Council, or Committee recommendations). In some cases, it is valuable to
point out alteratives and evaluate each one.
The Background section should be written so that, upon finishing, the reader
understands what the issue is and the key facts surrounding it, has no additional
"basic" questions, and understands the recommendations presented. A good approach
to take in writing agenda memos is to place yourself in the position of a
a : Councilscmber and ask what information would be pertinent for you to make a
decision on the subject matter.
Sample agenda memos are provided to assist in the preparation and understanding of
the appropriate information to provide. Some specific things to remember in the
Background section include not using the term "we, I or our". It should always be Staff;
City Administration or the City. as appropriate. References to particular departments
or divisions should be minimized and used only if pertinent. Names of individual City
employees should not be used unless they are specifically intended for separate
recognition. When a location is. a primary part of the subject. a clearly marked map
should be attached. Examples include purchasing land. granting an easement,
3z
authorizing an inclusion to a district, etc. The responsibility for providing the map
.x rests with the department submitting the agenda memo.
OPTIONS
e
In instances where viable alternatives exist for dealing with an issue, they should be
r, outlined in this section. State each option and briefly descri be its ramifications.
1726A -11-
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RECOMMENDAMON
The next section of the agenda memo is the recommendation to the City Council. Often
reiterating an option, this section is intended to inform Council precisely what action is
recommended by the staff. If the item has been reviewed by a Council Committee. the
recommendation of the Committee should be clearly stated as the preferred option. If
staff recommends an alternative. it should be identified as a staff recommendation.
MOTION
This provides precise phrasing for a motion in the Council meeting that will accomplish
what is recommended. The first word of the motion section is always an action word:
authorize, award, approve, adopt, deny, grant. pass, waive, etc. The motion should
then state the name of the exact fund where expense(s) are to be charged (if applicable)
and other data that provides the necessary authorization(s) for the action which staff' or
other appropriate City officials need to take to fully achieve the Council directives.
If the motion is to accept construction of a project, the agenda memo should contain a
signature line for the Mayor below the Motion Section. The motion itself should have
spaces for the date of the acceptance to be entered. for example. "Move to accept
construction and final contract amount for Bid No. 0000, name of project, in the
amount of $0000000 this day of , 199. The City Clerk obtains the
Mayor's signature after Council approval and returns the signed motion to the
originating department.
ATTACHMENTS
Whenever any document(s) are to be included with the agenda memo. the drafter is to
note "Attachn;ent(s)" on the memo and send the items at the same time the agenda
memo is submitted to the City Clerk. Any exceptions should be noted by the
department head stating what is to be sent and when. Appropriate attachments might
include minutes from past Council discussions. Council Committee minutes, CIP
descriptions, maps, tabulations, official development plans, etc.
Long attachments can usually be kept in the Council Office. with a note on the agenda
memo stating that the attachment i5 "Available in Council Office". Such attachments
must be included with the agenda memo and will be transferred to the Council Office at
the time tt,e packet is assembled. These items will be retrieved from the Council Office
after the meeting and returned to the originating department.
r
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1726A -12-
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CHARTER
of the
CITY OF TIGARD
OREGON
Referred to the voters and adopted
November 6, 1962
(Amendments through May 17, 1994 Election)
Effective January 1, 1963
. u
Cl (Tigard 10/15/94)
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INDEX
CHAPTER I
NAME AND BOUNDARIES
Title of Enactment; Name of City; Boundaries.
.Begins page C4
CHAPTER II
POWERS
Powers of the City; Constrnction of Charter.
Begins page C4
CHAPTER .III
FORM OF GOVERNMENT
Where Powers Vested; Mayor and Council; Councilors; Other
Officers; Salaries; Qualifications of Officers.
Begins page C4
CHAPTER IV
COUNCIL
Meetings; Quorum; Journal; Proceedings To Be Public; Mayor's
Functions at Council Meetings; President of the Council;
Vote Required.
Begins page C6
CHAPTER V
POWERS AND DUTIES OF OFFICERS
Mayor; Municipal Judge; Recorder; Finance Officer.
Begins page C7
CHAPTER VI
ELECTIONS
Elections; Tie Votes; Commencement of Terms of Office; Oath
of Office; Nominations.
Begins page C8-1
C2 (Tigard 3/15/86)
c
INDEX (Continued)
CHAPTER VII
VACANCIES IN OFFICE
What Creates Vacancy.
Begins page C10
CHAPTER VIII
ORDINANCES
Enacting Clause; Mode of Enactment; When Ordinances Take
Effect.
Begins page C10
CHAPTER IX
PUBLIC IMPROVEMENTS
Condemnation; Improvements; Snecial Assessments; Bids.
Begins page C11
MISCELLANEOUS PROVISIONS
Debt Limit; Existing Ordinances Continued; Time Effect of
Charter.
Begins page C12
4
C3 (Tica_d 11/83),
1--6
Chapter I
NAME AND BOUNDARIES
Section 1. TITLE OF ENACTMENT. This enactment may be
referred to as the City of Tigard Charter of 1962.
Section 2. NAME OF CITY. The municipality of Tigard,
Washington County, Oregon, shall continue to be a municipal
corporation with the name "City of Tigard".
Section 3. BOUNDARIES. The City shall include all ter-
ritory encompassed by its boundaries as they now exist or
hereafter are modified by voters, by the council, or by any
other agency with legal power to modify them. The recorder
shall keep in his office at the city hall at least two copies
of this charter in each of which he shall maintain an accurate,
up-to-date description of the boundaries. The copies and de-
scriptions shall be available for public inspection at any
time during regular office hours of the recorder.
MAYOR-COUNCIL FORM
Chapter II
POWERS
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 construed to be ex-
clusive 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 III
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.
C4
IXIIIII
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7-8
Section 7. MAYOR AND COUNCIL. The elective cffi.cers
of the city shall be a mayor and four councilors who to-
4ether shall constitute the city council. At the general
election held in 1990, and every fourth year thereafter, a
mayor shall be elected for a term of four years. No coun-
cilor shall serve the city as councilor for more than eight
consecutive years, nor shall the mayor serve as mayor for
more than eight consecutive years. in no case shall any
person serve on the city council for more than twelve con-
secutive years. These limitations do not apply to the
filling of an unexpired term.
No person who is serving as mayor or councilor shall
become a candidate for any city office for a term which
would be concurrent with the term in office then held un-
less that person first submits a written resignation from
the then current office at the time of filing for the other
office. A resignation submitted to satisfy this. section
shall not be withdrawn. A resignation shall be adequate
for the purposes of this section if it provides for the
termination of the signer's service in the office not later
than the last day before service would begin in the office
for which that person seeks to become a candidate.
In the event the office of the mayor or councilor be-
comes vacant before the normal e.-cmiration of its term, a
special election may be held at the next available date to
fill the office for the unexpired term. Such an election
shall only take place if the council can schedule and hold
a special election at least twelve months before the term
would otherwise expire. If an election is held, it shall
be held in accordance with the election laws of the state
of Oregon and city ordinances not inconsistent with such
election laws. The council may appoint a person to fill a
vacancy until an election can be held. (Res. 93-63, May
17, 1994 election: Measure 34-6, May 15, 1990 election:
Measure 51, November 4, 1986 election: Measure 51, Novem-
ber 5, 1985 election: Measure 53, November 2, 1982 elec-
tion: Measure 53, May 18, 1982 election).
Section 8. COUNCILORS. The four council positions
are hereby designated as positions number 1, 2, 3 and 4.
The councilors shall be elected to hold office for a period
of four years; provided, however, the officers holding of-
fice at that time of adoption of this amendment steal', hold
their offices for the balance of the terms for which they
were elected or appointed and until their successors are
elected and qualified.
C5 (Tigard 8/15/94)
I"
8
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. Candi-
dates to fill positions one and two shall be submitted to
the voters in the general election in 1972, and candidates
C5-1 (Tigard 1/15/87)
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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. (Measure 53, November 2, 1982
election).
Section 10. OTHER OFFICERS. Additional officers of
the City shall be a municipal judge, a recorder, a finance
officer, and such other officers as the council deems nec-
essary. 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 city
offices. The council may designate any appointive officers
to supervise any other appointive officer except the muni-
cipal judge in the exercise of his judicial functions.
(Measure 52, November 5, 1985 election).
Section 11. SALARIES. The compensation for the serv-
ices of each city officer and employees shall be the amount
fixed by the council.
Section 12. QUALIFICATIONS OF OFFICERS. A qualified
elector within the meaning of the State Constitution, who
will have resided continuously for a period of twelve (12)
months or more immediately preceding the election in an area
which is within the corporate boundaries of the City as the
same shall exist as of a date one hundred twenty (120) cal-
endar days immediately prior to the date of the election
(inclusive of all territory previously effectively annexed
to the City), shall be eligible for an elective office of
the City. The Council shall be final judge of the qualifi-
cations and election of its own members, subject, however,
to review by a court of competent jurisdiction.
Chapter IV
COUNCIL
Section 13. MEETINGS. The Council shall hold a regular
meeting at least once each month in the City at a time and
at a place which it designates. It shall adopt rules for
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. In the event of the physical absence of the
Mayor from the City, the Council President shall be empowered
to call special Council meetings in the same manner as the
Mavor may call such meetings.
Special meetings of the Council may also be held at
anytime by the common consent of all members of the Council
C6 (Tigard 8/15/86)
9 .
14--20
or by the delivery of a request for a special meeting, signed
by a majority of Council members, and delivered to the City
Recorder and to remaining Council members and the Mayor, if
they are then in the City. All meetings of the City Council
shall conform to notice requirements consistent with state
law. (Measure 53, November 5, 1985 election: Measure 59,
May 18, 1982 election).
Section 14. QUORUM. A majority of members of the coun-
cil shall constitute a quorum for its business, but a smaller
number may meet and compel the attendance of absent members
in a manner provided, by ordinance.
Section 15. JOURNAL. The Council shall cause a journal
of its proceedings to be kept. Upon the request of any of
its members the ayes and nays upon any question before it
shall be taken, and a record of the vote entered in the jour-
nal.
Section 16. PROCEEDINGS TO BE PUBLIC. No action by
the council shall have legal effect unless the motion for
the action by the council vote by which it is disposed of
take place at proceedings open to the public.
Section 17. MAYOR'S FUNCTIONS AT COUNCIL MEETINGS.
The mayor shall be chairman of the council and preside over
its deliberations. He shall have a vote on all questions
brought before the council.
Section 18. PRESIDENT OF THE COUNCIL. At its first
meeting of each odd-numbered year, the council by ballot
shall choose a president from its membership. In the
mayor's absence from a council meeting the president shall
perform the duties of the office of mayor and preside over
it. Whenever the mayor is physically or mentally unable to
perform the functions of office, the president shall act as
the mayor pro tem. (Measure 54, May 18, 1932 election).
Section 19. VOTE REQUIRED. Except as this Charter
otherwise provides, the concurrence of a majority of the
members of the Council present and voting, when a quorum of
the Council is present, at a Council meeting shall be
necessary to decide any question before the Council.
(Measure 54, November 5, 1985 election).
Chapter V
POWERS AND DUTIES OF OFFICERS
Section 20. MAYOR. The Mayor shall appoint the
committees provided by the rules of the Council. The Mayor
C7 (Tigard 8/15/86)
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21-;;-22A
shall sign all approved records of proceedings of the Council
and countersign all orders on the treasury. The Mayor shall
have no veto power and shall authenticate by signature all
ordinances passed by the Council after being enacted. After
the Council approves a bond of a City Officer or a bond for
a license, contract, or proposal, the Mayor shall authenti-
cate the bond by endorsement thereon. (Measure 55, November
5, 1985 election).
Section 21. MUNICIPAL JUDGE. The municipal judge shall
be the judicial officer of the City. The judge shall hold
within the City a court known as the Municipal Court for the
City of Tigard, Washington County, Oregon. The court shall
be open for the transaction of judicial business at times
specified by the municipal judge. All areas within the City
shall be within the territorial jurisdiction of the court.
The municipal judge shall exercise original and exclusive
jurisdiction of all crimes and offenses defined and made
punishable by ordinances of the,City and of all actions
brought to recover or enforce forfeitures or penalties de-
fined or authorized by ordinances of the City or as other-
wise provided by state law. The judge shall have authority
.to issue process for the arrest of any person accused of an
offense against the ordinances of the City, to commit any
such person to jail or admit him to bail pending trial, to
issue subpoenas, to compel witnesses to appear and testify
in court on the trial of anv cause before him, to compel
obedience to such subpoenas, to issue and process documents
necessary to carry into effect the judgments of the court,
and to punish witnesses and others for contempt of the court.
When not governed by ordinances or this charter, all proceed-
ings in the municipal court for the violation of a city or-
dinance shall be governed by the applicable general laws of
the state governing justices of the peace and justice courts.
Defendants in the municipal court charged with violation of
city ordinances shall be entitled to a trial by jury as pro-
vided by state statutes. (Measure 55, May 18, 1982 election).
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 an accurate
record of its proceedings in a book provided for that pur-
_
pose, and be the Citv's election officer. In the Recorder's
absence =rom a Council meeting, the mayor shall appoint a
clerk of the Council pro tem who, while acting in that
capacity,-shall have all the authority and duties of the
Recorder. (Measure 52, November 5, 1985 election).
Section 22A. FINANCE OFFICER. The Finance Officer
shall be responsible for the administration of the Citv's
fiscal functions and shall sign all orders on the treasury.
(.Leasure 52, November 5, 1985 election).
C8 (Tigard 8115!86)
23-29
Chapter VI
ELECTIONS
Section 23. ELECTIONS. Except as this Charter
provides otherwise, and the Council provides otherwise by
order, the general laws of the State of Oregon shall apply
to City elections. (Measure 56, November 5, 1985 election).
Section 24. Repealed by Measure No. 56, November 5,
1985 election.
Section 25. Repealed by Measure No. 56, November 5,
1985 election.
Section 26. Repealed by Measure No. 56, November 5,
1985 election.
Section 27. Repealed by Measure No. 56, November 5,
1985 election.
Section 28. 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 29. COMMENCEMENT OF TERMS OF OFFICE. The term
of office of a person elected at a regular city election
C8-1 (Tigard 8/15/86)
lillujilill-IjIll- IONIC 1,
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30--33
shall commence the first of the year immediately following
the election.
Section 30. OATH OF OFFICE. Before entering upon the
duties of his office, each officer shall take an oath or shall
affirm that he will support the constitutions and laws of the
United States and of Oregon and that he will faithfully per-
form the duties of his office. He shall affirm that he is
not then nor ever has been at any time a member of any organi-
zation advocating the overthrow of the United States govern-
ment.
Section 31. NOMINATIONS. A qualified elector within
the meaning of the State Constitution, who will have resided
continuously for a period of twelve (12) months or.more
immediately preceding the election in any area which is with-
in the corporate boundaries of the City as the same shall
exist as of a date one hundred twenty (120) calendar days
i=mediately prior to the date of the election, (inclusive of
all territory previously effectively annexed to the City),
may be nominated for an elective City position.
The procedures for nomination and election for elective
City positions shall be governed by the election laws of the
State of Oregon, or by City ordinances if such ordinances are
not inconsistent with state law. (Measure 56, May 18, 1982
election).
Chapter VII
VACANCIES IN OFFICE
Section 32. WHAT CREATES VACANCY. An office shall be
deemed vacant upon the incumbent's death, adjudicated incom-
petence, conviction of a felonyt other offense pertaining to
his office, or unlawful destruction of public records, resig-
nation, recall from office; or ceasing to possess the qual-
ifications for the office; upon the failure of the person
elected or appointed to the office to qualify therefor with-
in ten days a.°ter the time for his term of office to commence;
or in the case'of a mayor or councilman, upon his absence
from the city for 30 days without the consent of the council
or upon his absence from regular meetings of the council and
upon a declaration by the council of the vacancy.
Section 33. Repealed by Measure 57, May i$, 1982)
election.
C9 (Tigard 4/83)
34--38
Chapter VIII
ORDINANCES
Section 34. ENACTING CLAUSE. The enacting 'clause of
all ordinances hereafter shall be, "The City of Tigard
ordains as follows:".
Section 35. MODE OF ENACTMENT. (1) Except as para-
graph (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.
(2) Any 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 posted in
at least three public places within the city limits before
it becomes law. (Measure 57, November 5, 1985 election).
(3) Repealed by Measure No. 57, November 5, 1985
election.
(4) Upon the final vote on an ordinance, the aves and
nays of the members shall be taken and recorded in the
journal.
(5) Upon the enactment of an ordinance the recorder
shall sign it with the date of its passage and the
recorder's name and title of office, and the mayor shall
sign it with the date of signature, and the name and title
of office of the mavor. (Measure 55, November 5, 1985
election; Measure 54, November 2, 1982 election).
Section 36. WHEN ORDINANCES TAKE EFFECT. An ordinance
enacted by the 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. In case of emergency, an ordinance may take
effect immediately, provided that there is set forth in a
separate section the reasons why it must become effective
immediately.
Chapter IX
PUBLIC IMPROVEMENTS
Section 37. CONDEMNATION. Anv necessity of taking
property for the City by Condemnation shall be determined by
the council and declared by a resolution of the council de-
scribing the property and stating the uses to which it shall
be devoted.
Section 38. IMPROVEMENTS. The procedure for making,
altering, vacating or abandoning a public improvement shall
C10 (Tigard 8/15/86)
i
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39--42
be governed by general laws of the state. Action on any
proposed public improvement, except a sidewalk or except 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 property to be specially assessed therefor.
For the purpose of this section "owner" shall mean the record
holder of legal title to the land, except that if there is a
purchaser of the land according to a recorded land sale con-
tract or according to a verified writing by the record holder
of legal title to the land filed with the city recorder, the
said purchaser shall be deemed the "owner".
Section 39. SPECIAL ASSESSMENTS. The procedure for
levying, collecting, and enforcing the payment of special
assessments for public improvements or other services to be
charged against real property shall be governed by general
ordinance.
Section 40. SIDS. Except as provided or allowed by
state law, all contracts for public improvements to be made
by a private contractor shall be let to the lowest respon-
sible 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 bids for public contracts. (Measure 51, November 2,
1982 election).
MISCELLANEOUS PROVISIONS
Section 41. DEBT LIMIT. Except by consent of the
voters, the City's voluntary floating indebtedness for
general city purposes shall not exceed the limits of state
law. All city officials and employees who create or offi-
cially approve any indebtedness in excess of this limitation
shall be jointly and severally liable for the excess.
(Measure 58, November 5, 1985 election).
Section 42. Repealed by Measure 58, May 18, 1982
election.
Cll/C12 (Tigard 8/15/86)
A
t F43--47
Section 43. EXISTING ORDINANCES CONTINUED. All ordi-
nances of the City consistent with this charter and in force
when it takes effect shall remain in effect until amended or
repealed.
Section 44. TIME OF EFFECT OF CHAPTER. This charter
shall take effect January 1, 1963.
URBAN RENEWAL CITIZENS RIGHT TO VOTE
Section 45. The voters of the City of Tigard, exercis-
ing their powers as the ultimate governing body of the city
as reserved to them by the ordinances of the city and by the
Constitution and laws of the State of Oregon, do hereby find
and determine that there no longer exists a need for an ur-
ban renewal agency in the city. Therefore, the Tigard Urban
Renewal Agency, as established or activated, by Ordinance
No. 81-91, adopted in December, 1981, is terminated. The
facilities, files and personnel (if any) of the Tigard Urban
Renewal Agency shall be forthwith transferred to the city.
The termination shall not afrect any outstanding legal ac-
tions, contracts or obligations of said agency, and the city
shall be substituted for said agency in respect thereto.'
If, at the time this section is adopted, termination of the
Tigard Urban Renewal Agency is legally prohibited by any
mandatory provision of controlling state law, the termina-
tion shall be postponed until such legal impediment has been
removed and shall then automatically become effective; and,
in the interim pending the effective date of such termina-
tion, the city shall not authorize, approve or assist in the
incurring of any new debt or obligation or in the perform-
ance of any portion of the urban renewal plan.
Section 46. Section 45 is and shall be deemed to be an
ordinance of the city within the meaning of ORS 457.075.
Therefore, Section 45 may be amended or repealed by nonemer-
gency ordinance adopted by the City Council. The City Coun-
cil may in the future activate, create, reactivate or recre-
ate an urban renewal agency in the city in the manner pro-
vided for by law, subject to the limitations of Sections 47
and 48 concerning the methods for financing the activities
of such an agency.
Section 47. The city shall not approve an urban renew-
al plan or an amendment of an urban renewal plan if such
plan includes tax increment financing as a permissible means
of paying the debts and obligations of the agency unless,
prior to the activation and implementation of tax increment
financing, such method is approved by the voters of the city
at a regular or special city election held in May or Novem-
ber.
C13 (Tigard 10/15/88)
48---50
Section 48. Any urban renewal plan or amendment there-
of hereafter proposed or adopted shall require that the plan,
including the method of financing same, shall be approved by
the voters at a regular or special city election in may or
November, if such plan or amendment would or could involve
the levying of a tax on properties outside the urban renewal
area to pay the debts or obligations to be incurred in carry-
ing out the plan. Notwithstanding the foregoing, separate
approval at an election is not required for:
(1) Expenditures by the city, as distinguished from
the urban renewal agency, which have been duly identified
and included in a duly adopted city budget; or
(2) Issuance of Bancroft bonds (ORS 223.205 to 223-
.295) in connection with assessments for local improvement
districts, if such issuance is otherwise authorized by law.
Section 49. As used in Sections 4S, 46, 47 and 48:
(1) "City" means the City of Tigard, Washington
County, Oregon.
(2) "Urban Renewal Agency" means an agency created
or existing under ORS Ch. 457 as it now exists or may here-
after be amended, or a similar agency with similar powers
and purposes created under any other provision of law.
(3) "Urban Renewal Plan" means a plan as defined in
ORS 457.010 (11) as it now exists or may hereafter be amend-
ed, or a similar plan adopted under any other provision of
law.
(4) "Tax Increment Financing" means the method of
financing described and referred to in ORS 457.420 to 457-
.460, or a similar method of financing provided for under
any other provision of law.
Section 50. If any section or portion of this charter
amendment (Sections 45 through 49) is determined unconstitu-
tional or unlawful, the remaining portions and sections
shall be severable and shall remain in effect. (Measure
T51, September 20, 1983 election).
AUTHENTICATION CERTIFICATE OF CITY RECORDER
I, RALPH V. SYMONS, do hereby certify that I am the duly
appointed, qualified and acting Recorder of the City o4: Tig-
ard, Washington Countv, State of Oregon, and as such have
the care and control of the official records of said city.
I further certify that pursuant to resolution of the City
Council of Tigard, duly adopted at its regular meeting of
October 8, 1962, there was referred to the voters of the
City of Tigard, in conformity with initiative and referendum
powers contained in Ordinance No. 62-20 of said city, at the
regular city election of November 6, 1962, the question of
the adoption of the above herein and foregoing Charter of
C14 (Tigard 10/15/88)
the said city, and that a total of 631 votes were cast with
respect to said charter proposal at said election of which
456 rotes were cast in favor of said charter and 175 votes
were cast against same, and that as shown by the official
canvass of the returns of said election, the above herein
and foregoing Charter was duly adopted by the people of the
City of Tigard at said election of November 6, 1962, by
majority of the votes cast.
I further certify that I have carefully compared the above
and foregoing copy with the original of said charter pro-
posal as filed in my office and that the foregoing copy is a
correct transcript therefrom and the whole of said original
as the same now appears on file in my office and-in my offi-
cial custody.
I,further certify that by resolution of the City Council of
the City of Tigard, Oregon, duly passed at its regular meet-
ing of November 26, 1962, the above herein and foregoing
Charter was duly proclaimed and confirmed as the Charter of
the City of Tigard, Oregon, to be effective by its terms on
and after January 1, 1963.
In Witness Whereof I have hereunto set my hand and affixed
the official seal of the City of Tigard, Oregon, this 14th
day of January, 1963.
Ralph V. Symons, Recorder of the City
of Tigard, Washington County, Oregon.
CIS (Tigard 10/15/88)
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