Ordinance No. 01-19 r ;
CITY OF TIGARD,OREGON
ORDINANCE NO.01- I q
AN ORDINANCE AMENDING TITLES 1 AND 2 OF THE TIGARD MUNICIPAL CODE BY ADDING NEW
SECTIONS AND AMENDING MUSTING SECTIONS PERTAINING TO GENERAL GOVERNMENT AND
ADMINISTRATION AND PERSONNEL
WHEREAS,the Tigard City Council has determined that certain sections of the Tigard Municipal Code(TMC)are
to be amended or new sections are to be added so that the TMC is internally consistent and reflects the intent of the
Council;and
WHEREAS,Chapter 1.01 should cite the official name and purpose of the TMC;and
WHEREAS,Chapter 1.01 should authorize the City Recorder to edit the TMC within prescribed parameters;
WHEREAS, Section 1.01.060 needs revision to remove unnecessary language relating to the Constitutionality of
the TMC;
WHEREAS,the Council finds that the lack of a deadline for collecting signatures on initiative petitions leads to an
abuse of the process,allowing petitions to continue to circulate long after some of the petition signers have ceased
to be registered voters within the City and that a need for a time limit for collecting signatures is therefore needed;
WHEREAS, Chapter 1.56.010 contains unnecessary language relating to the appointment and removal of the City
Recorder;and
WHEREAS, Chapter 2.60.010 contains unnecessary language relating to the appointment and removal of the City
Attorney and does not properly describe the responsibility of the Council;.
WHEREAS, the amendments proposed by this ordinance to Tigard Municipal Code Sections 1.01.010, 1.01.060,
2.56.010 and 2.60.010 are shown in a redline version of those sections attached hereto as Exhibit A.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Tigard Municipal Code Section 1.01.010 is revised to read as follows:
1.01.010 Title
The Tigard Municipal Code is adopted as the official city code of the city of Tigard. The code
shall be cited as the "Tigard Municipal Code," published under general authority of the city
council and maintained as provided in this chapter by the city recorder.
SECTION 2: Tigard Municipal Code Chapter 1.01 is amended by adding a new section 1.01.080 to read as
follows:
1.01.80 Editing of Code
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In preparing the codified editions of ordinances for publication and distribution the City
Recorder shall not alter the sense,meaning,effect or substance of any ordinance,but,with such
limitations,may renumber sections and parts of sections of the ordinances,change the wording
of headings, rearrange sections, change reference numbers to agree with renumbered chapters,
sections or other parts, substitute the proper subsection, section or chapter or other division
numbers, strike out figures or words that are merely repetitious, change capitalization for the
purpose of uniformity,and correct manifest clerical or typographical errors.
SECTION 3: Tigard Municipal Code Section 1.01.060 is amended to read as follows:
1.01.060 Constitutionality.
If any section, subsection, sentence, clause or phrase of this Code is for any reason held to be
invalid or unconstitutional,such decision shall not affect the validity of the remaining portions
of this Code. The council declares that it would have passed this Code, and each section,
subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases had been declared invalid or
unconstitutional.
SECTION 4: Tigard Municipal Code Chapter 1.12 is amended by adding a new section 1.12.040 to read as
follows:
1.12.040 FILING DEADLINE FOR INITIATIVE PETITIONS
(1)No later than the 90th day after the prospective petition for an initiative for a city
measure is filed with the City Recorder,the initiative petition shall be deposited with the City
Recorder for signature verification. Within ten days after a duly prepared petition is
deposited with the City Recorder,the City Recorder shall verify the number and genuineness
of the signatures and the voting qualifications of the persons signing the petition by reference
to the registration information in the office of the Washington County Clerk. If the City
Recorder determines that there are an insufficient number of signatures,the petition shall be
returned to the sponsor or person offering the petition for filing. The petition may be refiled
at any time within 90 days of the filing of the prospective petition.
(2) No initiative petition shall be accepted for filing unless:
(a) It contains 100 percent of the required number of signatures;
(b) All signatures were obtained within 90 days after the dated the prospective
petition was filed;
(c) As circulated,it complies with the requirements of state statutes;and
(d) The initiative is for a legislative measure within the authority of the City.
SECTION 5: Tigard Municipal Code Section 2.56.010 is amended to read as follows.
2.56.010 Appointment and removal.
The office of recorder of the city of Tigard, as provided by Section 10 of Chapter III of the
Charter, shall be filled by appointment by the consent of the council and shall be upon the
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advice of the city manager.The recorder shall be appointed solely on the basis of qualifications
and experience and without regard to political considerations. Appointment and removal of the
recorder shall be upon the advice of the city manager and require the prior consent of a majority
of the full council recorded at a public meeting. Cause shall not be required for removal of the
city recorder.
SECTION 6: Tigard Municipal Code Section 2.60.010 is amended to read as follows:
2.60.010 Appointment and removal.
The city attorney shall be appointed by the consent of the council. The attorney shall be
appointed solely on the basis of qualifications and experience and without regard to political
considerations. Appointment and removal of the attorney shall require the prior consent of a
majority of the full council recorded at a public meeting. Cause shall not be required for
removal of the city attorney.
SECTION 7: This ordinance shall be effective 30 days after its passage by the Council, signature by the
Mayor,and posting by the City Recorder.
PASSED: By 1^n u 5 vote of all Council members present after being read by number and title only,
this - day of 0 g+c,b.e lt-- .2001.
Catherine Wheatley,City Rec8rder
APPROVED: By Tigard City Council this 0- day of DGfVW-A . ,2001.
Tes E.Griffith,
Ap roved as to form:
ty Attorney
o zq/0 l
Date
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Exhibit A
Ordinance No.01-�9
Medline Version of mended Sections
Deleted language is shown by strikethrough,new language is bold and underlined.
1.01.010 Ad"tkn.Title
Gempany ef Sesole, W shi4en, a bound eep), themef being hereto attaehed and by Fefiar-enee made - Pe— '-- - is
irtgs-* ithi the
pts-theree�
The Tigard Municipal Coop is adopted as the official city code of the city of Tigard. The code
shell be cited as the«Tluard Municipal Code."published under general authority of the city council and
Maiptained as provided In this chapter by the city recorder.
1.01.060 Constitutionality.
If any section, subsection, sentence, clause or phrase of this Code is for any reason held to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining portions of this Code. The council declares
that it would have passed this Code,and each section,subsection,sentence,clause and phrase thereof,irrespective of the
fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or
unconstitutional,
or efdinanees shall be in full fefee+AW-effeet-
2.56.010 Appointment and removal.
The office of recorder of the city of Tigard,as provided by Section 10 of Chapter III of the Charter,shall be filled
by appointment by the- ayer- Wh the consent of the council and shall be upon the advice of the city aduainistwer.
manager. The recorder shall be appointed solely on the basis of qualifications and experience and without regard to
political considerations. Appointment and removal of the recorder by the-fasy shall be upon the advice of the city
admiaistrate?F manager and require the prior consent of a majority of the full council recorded at a public meeting. Cause
shall not be required for removal of the city recorder-,emeept for-thatempleyee seMng -i' m �
of-the effeetive,date of eMinemee 96 64.
2.60.010 Appointment and removal.
The city attorney shall be appointed by dw+nayePNi;h the consent of the council. The attorney shall be appointed
solely on the basis of qualifications and experience and without regard to political considerations. Appointment and
removal of the attorney by4he-n%a)w shall require the prior consent of a majority of the full council recorded at a public
meeting. Cause shall not be required for removal of the city attorney.
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