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Resolution No. 82-23 { CITY OF TIGARD, OREGON RESOLUTION No. 82-�� A RESOLUTION APPROVING AND REFERRING CERTAIN AMENDMENTS TO THE CHARTER OF TIGARD TO THE QUALIFIED VOTERS OF THE CITY OF TIGARD FOR THEIR APPROVAL OR REJECTION AT A SPECIAL ELECTION TO BE HELD AT THE SAME TIME AND PLACES AS THE MAY 18, 1982 STATEWIDE PRIMARY ELECTION; CALLING THAT ELECTION; AND DIRECTING THE CITY RECORDER TO DO ALL ACTS NECESSARY AND CONVENIENT TO CARRY OUT SUCH ELECTION. This matter came before the Tigard City Council at its March 8, 1982 regular meeting. The Council and its staff have reviewed the Tigard City Charter, originally adopted by the voters of Tigard on November 6, 1962, and as amended, and find that the Charter is in need of periodic revision to improve the government of Tigard and to meet the needs of its citizens. At its study session of February 18, 1982, the Council reviewed the Charter and authorized its staff to prepare amendments, which are now before the Council for final action. The Council is of the view that the proposed amendments would improve the effectiveness of the Charter and should be voted upon by the qualified voters of the City at the May 18, 1982 Primary Election. NOW, THEREFORE, IT IS HEREBY RESOLVED: i That the seven proposed Charter amendments, attached hereto as Exhibit "A," and by this reference made a part hereof be, and the same hereby are, approved by j this Council and referred to the qualified voters of the City of Tigard for their approval or rejection at the May 18, 1982 Primary Election; and it is further RESOLVED: That the propositions set forth in Exhibit "A" shall be on :File at the office of the City Recorder for public inspection; and it is further RESOLVED: That a special election is hereby called to be held in the City of Tigard on May 18, 1982, between the hours of 8:00 a.m. and 8:00 p.m., Pacific Daylight Time at the polling places designated in Exhibit "B," attached hereto and by this reference made a part hereof, and being the same place designated for the holding of the statewide primary election, for the purpose of submitting to the qualified voters of the City of Tigard the seven amendments set forth in Exhibit "A" for their approval or rejection; $riv Page 1 - RESOLUTION No. 82-_??_ and it is further RESOLVED: That the ballot titles, questions and explanations, all as set forth in Exhibit "C," attached hereto and by this reference made a part hereof, be, and the same hereby are, approved with respect to each measure, for which purpose the ballot titles, number and form in which the question shall be printed upon the official ballot are thereby prescribed; and it is further RESOLVED: :r That the City Recorder is hereby authorized and directed to certify in the manner provided by law to the Director of Records and Elections of Washington County, Oregon, the foregoing measures for inclusion as a part of the regular ballots to be prepared by such Director for voting at all precincts within the City of Tigard, as set forth in Exhibit "B," at the aforesaid special election in conjunction with the Primary Election of May 18, 1982; and it is further RESOLVED: That the City Recorder shall conduct the aforesaid special election in conjunction with the Director of Records and S^ Elections of Washington County, in accordance with the election laws of the State of Oregon for the conduct of primary elections; f and it is further RESOLVED: { That the Tigard City Recorder be, and she hereby is, K authorized and directed to undertake all necessary and convenient acts to facilitate the inclusion of these 1 measures on the May 18, 1982 Primary Election ballot for the approval or rejection of the qualified voters of the City of Tigard and is further authorized and directed to give notice of the above-described election and proposals in the following manner: 4 (a) by posting notices of the election in a public place, exposed to public view: S 1. One at each of the designated polling places in each of the precincts in the City; and 2. At the front door of the City Hall, no less than fifteen (15) days prior to the date of the election; and also, (b) by publishing in the Tigard Times once each week for two consecutive weeks, the first such publication to be not less than ten (10) days prior to Page 2 - RESOLUTION NO. 82- _2 i— the date of the aforesaid Primary Election. The form of such notice shall be substantially as set forth in Exhibit "D," attached hereto and by this reference made a part hereof. The City Recorder shall cause to have filed affidavits of such posting and publication. PASSED: This Y �5r day ofo„, 1982, by The Council of the City Of Tigard. :•.���r - City Of Tigard ATTEST: City Recor er - of Tigard n^' Page 3 - RESOLUTION NO. 82- _ i EXHIBIT "An PROPOSED AMENDMENTS TO THE CHARTER OF -` TIGARD, OREGON REFERRED TO THE QUALIFIED VOTERS OF TIGARD BY THE TIGARD CITY COUNCIL TO BE VOTED UPON AT THE MAY 18, 1982 PRIMARY ELECTION NOTE - Material in brackets [ ] would be deleted from the Tigard City Charter if the measure were approved and material underlined would be added if such measure were approved. Measure No. 52. Paragraph 1 of Section 7 of the amended to read: Tigard City Charter is 4' Section 7. MAYOR AND COUNCIL. The elective officers of the City shall be a mayor and [four] six [councilmen] councilors 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 conjunction with the statewide general election in November, 1972, a candidate to the office of mayor whose terms shall begin on January 1, 1973. a; 'die ^�t %I �4 Y: • A Section 8 0£ the Tigard City Charter is amended to read: COUNCILORS. The [four] six council COUNCILMEN] . - - 2, 3,land) Section 8. ( designated as Positions Nos. 1, Positions are hereby however, that the 4, 55 an 6. The [councilmenleca=Sn-- councilors be electees and hot oyfice for a period of four yon of tof officers holding offia the for timalance oftthe terms l£orm"+hdchnt shall hold their officesappointed and until their successors are they were elected or elected and qualified. in [1972] 1982. [two) three At each biennial general state election after this amend- At takes effect beginning 2 and 5 shall [councilmen) councilors em of four shall be elti s election in [19721 1984, (4) years. Candidates er fill Positions 1 (ands and be be submitted to the voters at the ns The candidate receiving the and candidates for council Positions 3 [and] ng the subject to election in [tor 1982. Notwithstanding be deemed elected for a four-year term. highest number of votes for each of the numbered counci positions shall councilposition 5 shall be elected for a two-year the fore oin . term in 1 82 on y. Measure No. 53- Paragraph 3 of is Section 7 of the'Tigard City Charter amended to read: * * or or [councilman) s or more) before the normal In the event the office of may counter becomes vacant[180d election shall be Such exp2.rata.on of its term a specials o£ the hnld to fonlshall bethe 1held [within ce for the n45pdays to papers an occurrence of the vacancy. All nominating P P comprising a petition shall be assembled and filed special x election.] in accordance with the recorder as one instrument not later than 20 days before the such election with the election laws of. the State of Ore on a rimary or general Cit ordinances not snconsistent wit laws. [If, however, a statewide P Period following election falls within the 180-dthen no special `! the occurrence of the vacancy, election shall be held.] b Measure No. 54. Section 18 of the Tigard City Charter is amended to read: OF THE COUNCIL. Section 18. PRESIDENTand thereafter at] At [its first takes effect meeting after this charter Bred year, the council 'f1 its first meeting of each odd-numbered 2 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 [his] office, the president shall act as the mayor pro tem. Measure No. 55. Sectior. 21 of the Tigard City Charter is amended to read: Section 21. MUNICIPAL JUDGE. The municipal judge shall be the judicial officer of the City. [He] 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 [council] 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 defined or authorized by ordinances of the City or as otherwise provided by state law. [He] The judge shall have authority f= 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 any cause before him, to compel ' obedience to such subpoenas, to issue and process documents ,�R 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 pro- ceedings in the municipal court for the violation of a city ordinance shall be governed by the applicable general laws n' of the state governing justices of the peace and justice 4„du courts. Defendants in the municipal court charged with violation of city ordinances shall be entitled to a trial by jury as provided by state statutes. Measure No. 56. Section 31 of the Tigard City Charter is amended to read: e>;fin Section 31. NOMINATIONS. A qualified elector within e5 the meaning of the State Constitution, who will have resided continuously for a period of twelve (12) months or more 3 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 immediately 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. [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, indicating the number of signers of the paper and stating that each signature appended thereto was made in his presence and is the genuine signature of the per- son 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 papers comprising a petition shall be assembled 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 peti- tion is not signed by the required number of qualified elec- tors, 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 an other p y particular, the recorder shall return it immediately to the person who filed it, certifying in writing wherein the petition is insuffi- cient. Such deficient petition may be amended and filed again as a new petition, or a substitute .� g p , petition for the �r ^ 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 the recorder his written acceptance of nomination, in such form 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 petition of nomination for a successful candidate at an election shall be preserved in the office of the recorder until the <<a. term of office for which the candidate is elected expires.] w The procedures for nomination and election for elective City positions shall be governed by the election laws o the State of Oregon, or by City ordinances it such ordinances { x�a? 4 are not inconsistent with state law. t Measure No. 57. Section 33 of the Tigard City Charter is hereby repealed. Measure No. 58. Section 42 of the Tigard City Charter is hereby repealed. Measure No. 59. Section 13 of the Tigard City Charter is amended to read: 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 the the council not earlier than three (3) nor later than seventy-two (72) hours after the notice is given. In the event ofthe 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 mayor 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 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. In either case, such special meeting shall not be held earlier than three (3) nor more than seventy-two (72) hours after the notice is given. 5 llr f f EXHIBIT "B" ! PRECINT NO. POLLING PLACE 30 Fowler Junior High School - 10865 S.W. Walnut 31 Charles F. Tigard Grade School - 12985 S.W. Grant 32 Charles F. Tigard Grade School - 12985 S.W. Grant 33 Fowler Junior High School - 10865 S.W. Walnut 34 Twality Junior High School - 14650 S.W. 97th 35 Phil Lewis Grade School - 12615 S.W. 72nd 40 Twality Junior High School - 14650 S.W. 97th 41 Summerfield Club House - East Entrance 10650 S.W. Summerfield Drive 46 Mary Woodward Elem. - 12325 S.W. Katherine r EXHIBIT "C" j BALLOT MEASURES 4 Measure No. 52. COUNCIL MEMBERSHIP INCREASE SHALL SECTIONS 7 AND 8 OF THE CITY CHARTER REGARDING THE COUNCIL BE AMENDED? PURPOSE This measure will raise the number of Council members from four to six: number five will be elected for a two-year term in 1982, and every four years after that; number six will be elected in 1982 for a four-year term, and every four years after that. Mark a cross (x) or check ( inside the voting square to indicate your choice. YES ( ) I vote in favor of the proposed Charter amendment. NO ( ) I vote against the proposed Charter amendment. Measure No. 53. COUNCIL VACANCIES SHALL THE CHARTER BE AMENDED TO ALLOW COUNCIL VACANCIES TO BE FILLED BY STATE LAW AND CITY ORDINANCE? PURPOSE Charter Section 7 now states that Council vacancies are filled by special election held within 45 days, and it sets forth rules for nominations. It also states that no vacancy may be filled if it happens within 180 days or less of a scheduled election. This measure would make this process subject to state law or, if there is no state law, to City ordinance. 907�1 EXHIBIT mark a cross x or check inside the voting square to indicate your choice. YES ( ) I vote in favor of the proposed Charter amendment. NO ( ) I vote against the proposed Charter amendment. Measure No. 54. ROLE OF COUNCIL PRESIDENT SHALL SECTION 18 OF THE CITY CHARTER IN WHICH THE COUNCIL PRESIDENT'S ROLE IS DEFINED BE AMENDED? PURPOSE This measure makes clear the Council President's role when the mayor is not at Council meetings, and gives the President the mayor's powers at that time. The measure also makes the President the mayor pro tem if the mayor is out of the City or can not do the job of mayor. Mark a cross (x) or check (,/) inside the voting square to indicate your choice. YES ( ) I vote in favor of the proposed Charter amendment. NO { ) I vote against the proposed Charter amendment. Measure No. 55. MUNICIPAL JUDGE'S DUTIES SHALL SECTION 21 OF THE CITY CHARTER BE AMENDED TO REVISE THE CITY JUDGE'S POWERS? EXHIBIT "C" - 2 PURPOSE This measure lets the judge set the times for sessions of the City Court. This measure also changes references to the Judge 'to gender-neutral terms and makes the powers of the court subject to state law. Mark a cross (x) or check ( ) inside the voting square to indicate your choice. YES ( ) I vote in favor of the proposed Charter amendment. NO ( ) I vote against the proposed Charter amendment. Measure No. 56. ELECTION PROCESS FOR CITY OFFICE SHALL SECTION 31 OF THE CITY CHARTER IN WHICH REGULAR COUNCIL ELECTION RULES ARE SET FORTH BE AMENDED? PURPOSE This measure would put the regular Council election process under the control of state law and let the City make laws to govern such elections if there are no state laws. Mark a cross (x) or check ( ) inside the voting square to indicate your choice. YES ( ) I vote in favor of the proposed Charter amendment. NO ( ) I vote against the proposed Charter amendment. Measure No. 57 SPECIAL ELECTIONS SHALL SECTION 33 OF THE CITY CHARTER BE REPEALED? EXHIBIT "C" - 3 PURPOSE Charter sections 7 and 33 both set forth rules for filling Council vacancies. This measure repeals the old way, which is not now needed, in that the voters set up a new way six years ago. E Mark a cross (x) or check (,/) inside the voting square to indicate your choice. YES ( ) I vote in favor of the proposed Charter amendment. NO ( ) I vote against the proposed Charter amendment. Measure No. 58. TORT CLAIMS SHALL SECTION 42 OF THE CITY CHARTER IN WHICH TORT CLAIMS ARE LIMITED BE REPEALED? PURPOSE Section 42 of the charter is invalid under state law; hence, the Council wants to repeal this section. Mark a cross (x) or check ( ) inside the voting square to indicate your choice. YES ( ) I vote in favor of the proposed Charter amendment. NO ( ) I vote against the proposed Charter amendment. EXHIBIT "C" - 4 Measure No. 59. ADDS NEW WAYS TO CALL SPECIAL COUNCIL MEETINGS SHALL SECTION 13 OF THE CITY CHARTER BE AMENDED TO ADD NEW WAYS TO CALL SPECIAL COUNCIL MEETINGS? EXPLANATION This measure would add to the ways a special Council meeting may be called. Such meeting could be called if the mayor is out of the City by: (1) action of the President of the Council; or (2) request of a majority of Council members if they give notice to the other members. Mark a cross x or check inside the voting square to indicate your choice. YES ( j I vote in favor of the proposed Charter amendment. t NO ( ) I vote against the g proposed Charter amendment. r .s r �z EXHIBIT "C" - 5 EXHIBIT "D" PUBLIC NOTICE OF MEASURE ELECTION CITY OF TIGARD NOTICE OF SPECIAL ELECTION ON PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF TIGARD TO BE SUBMITTED TO THE LEGAL VOTERS OF THE CITY OF TIGARD AT A SPECIAL ELECTION ON MAY 18, 1982. Notice is hereby given that pursuant to Resolution No. 82-23 adopted by the City Council of Tigard on March 8, 1982, at a special election of May 18, 1982, between the hours of 8:00 a.m. and 8:00 p.m. at the polling places in the City of Tigard, there will be submitted to the legal voters of the City for their approval or rejection the following propositions: (insert Exhibit "A"& "C") The polling places in the City for the purpose submitting the -*F foregoing proposition will be the same as those designated by the Washington County Director of Records and Elections for the holding of the Primary Election that date. ` The election will be conducted in all respects in accordance with the election laws of the State of Oregon. The full text of the proposed amendments to the Charter of the City of Tigard and of Resolution No. 82-23 may be obtained from the City Recorder's office, City Hall, Tigard, Oregon, and will also be available at each polling place during the hours for holding the special election. WITNESS my hand and the seal of the City of Tigard this 8th day of March, 1982. r� BY ORDER OF THE CITY COUNCIL DORIS HARTIG, City Recorder s