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