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Ordinance No. 72-16 CITY OF TIGARD, ORFn0N ORDINANCE No.72-,_f_ AN ORDINANCE AUTHORIZING, APPROVING AND REFERRING TO THE VOTERS PROPOSED P34ENDMENTS TO THE CHARTER OF THE CITY OF TIGARD AS ADOPTED BY THE VOTERS ON November 6, 1962, AS FOLLOWS: (a) Amending Sections 7 and 8 of Chapter III with respect to election of mayor and councilmen, and repealing Section 9 Chapter III; (b) Amending Section 13 of Chapter IV prescribing notice of special meetings of the Council; (c) Amending Section 31 of Chapter VI prescribing time for filing nominating petitions; (d) Amending Section 40 of Chapter_V providing for bids on public works in excess of $2500; CALLING A SPECIAL ELECTION TO BE HELD AS PART OF THE STATEWIDE PRIMARY' ELECTION OF MAY 23, 1972 WHEREAT THE PROPOSED CHARTER AMENDMEN`I,S SHALL BE SUBMITTED TO THE VOTERS OF THE CITY, FIXING EFFECTIVE DATE AND DECLARING AN EMERGENCY. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: That Section 7 of Chapter III of the Charter of the City _ of Tigard, adopted by the voters on November 6, 1962, be, and the same is, hereby amended to read as follows: "Section 7: MAYOR AND COUNCIL. The elective officers of the City shall be a mayor and four councilmen who together shall constitute the City Council. The Mayor shall be elected and hold office for a period of two years. There shall be elected in t conjunction with the statewide general election in November, 1972, a candidate to the office of mayor whose term shall begin on January 1, 1973." Section 2: That Section 8 of Chapter II.I of the Charter of the City of Tigard, adopted by the voters on November 6, 1962, be, and the same is, hereby amended to read as follows: "Section 8: COUNCILMEN. The four council positions are hereby designated as Positions Nos. 1, 2, 3 and 4. The councilmen shall be elected and hold office for a period of four years; provided, however, that the officers holding office at the time of adoption of this amendment shall hold their offices for the balance of €i the terms for which they were elected or, appointed and `4 until their successors are elected and qualified. "At each biennial general state election after this amendment takes effect beginning in 1972, two councilmen shall be elected, each for a term of four (4) years. Candidates to fill Positions l and 2 shall be submitted to the voters at the general election in 1972, and can- didates for council Positions 3 and 4 shall b, sub- ject to election in 1974• The candidate receiving the highest number of votes for each of the numbered council positions shall be deemed elected for a four-year term." f- Page 1 ORDINANCE No. 72- Charter Amendment J Section 3,: That Section 9 of Chapter III of the Charter, be, and the same is, hereby repealed. Section 4: That there shall he submitted to the legal voters of the City, as hereinafter provided, the foregoing propositions set forth in Sections 2 and 3 hereof, for which purpose the following ballot title and the form in which the question shall be printed upon the official ballot, is prescribed: CHARTER AMENDMENT 9ote Submitted to the legal voters by the City Counoil: Yes or No Purpose: An amendment to Section 7 of Chapter III of the Charter of the City of Tigard, establishing the elective position of mayor to serve a term of two years and providing for the election of a candidate to the office of mayor; amending Section 8 of Chapter III of the Charter, providing for councilmen positions 51. to be deetgnated Positions 1, 2, 3 and 4; providing for election of councilmen thereto to serve a term of four years; providing that candidates for Positions 1 and 2 shall be submitted to the voters at the general election in November, 1972, and candidates for positions 3 and 4 to be subject to election in 1974; and repealing Section 9 of Chapter III of the Charter. I vote in favor of the charter amendment YES I vote against the charter amendment NO Section 5: That Section 13 of Chapter IV of the Charter of the City of Tigard, adopted by the voters on bovember 6, 1962, be, and the same is, hereby amended to read as follows: "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 pro- ceedings. 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 sheeting of the council for a time not earlier than three (3) nor later than seventy- two (72) hours after the notice is given. Special meet- ings of the council may also be held at any time by the common consent of all members of the council." Section 6: That there shall be submitted to the legal voters of the City, as hereinafter provided, the foregoing proposition set forth ,in Section 5 hereof, for which purpose the following ballot title and the form in which the question shall be printed upon the official ballot, is prescribed. Page 2 -- ORDINANCE No.72- 1 Charter Amendment CHARTER AMENDMENT Vote Submitted to the legal votes by the City Council: Yes or No Purpose: An amendment to Section 13, entitled "Meetings", of Chapter IV of the Charter of the City of Tigard, authorizing special meetings of 52. the City Council to be held not earlier than three nor later than seventy-two hours after notice thereof is given. I vote in favor of the charter amendment YES I vete against the ::harter amendment NO Section 7: That Section 31 of Chapter VI of the Charter of the City of Tigard, adopted by the voters on November 6, 1962, be, and the same is, hereby amended to read as folloers: "Section 31. NOMINATIONS. A qualified elector who shall have resided in the city 'during the 12 months immediately preceding the election may be nominated for an elective city position as providedin Section 12.. Nomination shall be by petition specifying the position sought in a form prescribed by the council. Such petition shall be signed, by not fewer than 25 electors. No elector shall sign more than one petition for each vacant position. If he does so, his signatures shall be invalid. The signatures to a nomination petition need not all be appended to one paper, but to each separate paper of the petition shall be attached an affidavit of the circulator thereof, indi- cating the number of signers of the paper and stating that each signature appended thereto was made in his -ores- ence and is the genuine signature of the person whose name it purports to be. With each signature shall be stated the signer's place of residence, identified by its street and number or other sufficient description. "All nomination rapers comprising a petition shall be azsembled and filed with the recorder as one instrument not earlier than 120 nor later than 90 days before the election. The recorder shall make a record of the exact time at which each petition is, filed and shall take and preserve the name and address of the person by whom it is filed. If the petition is not signed by the required number of qualified electors, the recorder shall notify the candidate and the person who filed the petition within five days after the filing. If the petition is insufficient in any other particular, the recorder shall return it immediately to the person who filed it, certi- fying in writing wherein the petition is insufficient. Such deficient petition may be 'amended and filed again as a new petition, or a substitute petition for the same candidate may be filed, within the regular time for filing` nomination petitions. The recorder shall notify an eligible person of his nomination, and such person shall file with Page 3 - ORDINANCE NO-72 Charter Amendment Y the recorder his written acceptance of nomination, in such foam as the council may require, within five days of notification of nomination. Upon receipt of such acceptance of nomination, the recorder shall cause the nominee's name to be printed on the ballots. The peti- t1on of nomination for a successful candidate at an e..ectjon shall be pres<uvea in the office of the re- j corder until the term of office for which the candidate is elected expires." Section 8: That there shall be submitted to the legal voters of the City, as hereinafter provided, the foregoing propo- sition set forth in Section 7 hereof, for which purpose the following ballot title and the form in which the question shall be printed upon the official ballot, is prescribed: pi CHARTER P14ENE-MENT Vote >. Submitted to the legal voters by the City Council: Yes or No Purpose: An .amendment to Section 31, entitled 97Nominations", of Chapter VI of the Charter of the E City of Tigard, providing that nominating petitions g 53. for elective positions in the City shall be filed with the City Recorder not earlier than 120, nor aE later than 90, days prior to the election. I vote in favor of the charter amendment F] YES 151 I vote against the 'charter amendment El NO Section 9: That Section 40 of Chapter IX of the Charter of the City of Tigard, adopted by the voters on Movember 6, 1962_ be, and the same is, hereby amended to read as follows: "Section 40. BIDS. A contract, in excess of $2,500. for public improvement to be. made by a private contractor shall be let to the lowest responsible bidder for the contract and shall be per%ormed in accorda oe with plans and specifications approved by the council. The council shall have the right to reject any or all ,s said bids." Section 10: That there shall be submitted to the legal voters of the City, as hereinafter provided, the foregoing proposition . set forth in Section:9 hereof, -for which purpose the following } ballot tit..e and the form in which the question shall be printed upon the official ballot, is prescribed: PAGE' 4 « ORDINANCE No-72%4L— Charter Amendment 3 CHARTER AMENDMENT Vote Submitted to the .legal voters by the City Council: Yes or No Purpose: An amendment to Section 40, entitled "Bids", of Chapter IX of the Charter of the City of Tigard, providing that bids for public improvements in excess 54. of $2,500. shall be let to the lowest responsible bidder in accordance with plans andspecifications approved by the council, reserving to the council the right to reject any and all bids. �--{ I vote in favor- of the charter amendment 1 J YES I vote against the charter amendment—+ NO Section 11: That a special election within the City is hereby called to be held in conjunction 4th the statewide primary election on May 23, 1972, for the purpose of submitting to _ the legal voters of the City the foregoing proposed charter amendments fox, approval or rejection. Section 1e_: That the City Recorder be, and she is hereby, authorized and directed to certify in the manner provided by law to the Department of Records and Election, of Washington County, the foregoing measures for inclusion as a part of the regular ballot to be prepared by said Department for voting at all precincts within the City of Tigard at the sta'ewide primary election of May 23, 1972• Section 13: In all respects the conduct of the election on said charter amendments shall conform to the procedures es- tablished pursuant to law for the conduct of the primary election in said precincts, and the polls shall be opened at the same hour and closed at the same hour, and all other applicable provisions in accordance with the election laws of the State of Oregon. Section 14: The City Recorder be, and she is hereby, directed to give notice of the proposed charter amendments substan- tially in the lo=m hel.-etO attached, denoted "EXHIBIT All and by refer- ence made a part hereof, by publication in the Tigard Times on May 4, 11 and 18,1972 and by posting in the following designated places not later than fifteen (15) days prior to the election: (2) At the front door of the City Hall, exposed to public view, Main Street, Tigard, Oregon ' b) in one public place, exposed to public view, at the polling place in each voting precinct, within the City, and shall file in the records of said election an affidavit of post Ing in . usual form. Section 15 Inasmuch as it is necessary for the preservation of - the public peace, health and safety of the people of the City< of Tigard that this ordinance take effect immediately in Page 5 - ORDINANCE No.72- Charter Amendmen T" t _ order that the proposed charter amendments may be properly submitted to the voters of the City at the statewide primary election on May 23, 1972, an emergency is hereby declared to exist and this ordinance shall take effect immediately upon its passage by the Councii and approval by the Mayor. PASSED: By unanimous vote of all Council members present, after being read three times by number and title only, this _3 day of �t,r c 1 , 1972. Recorder - City of T1garcV �- I APPROVED: By the Mayor., this _LL_day of y 1972. 1 �N or - C ty bf Tigard h� F� Page 6 - ORDINANCE No.i2 / x Charter Amendment x=