Chapter XI
MISCELLANEOUS PROVISIONS

Section 41 Use of Public Parks.

Notwithstanding any other provisions of this charter, all areas now or hereafter dedicated to the city for public park purposes are reserved forever to the use of the public; and no such area shall be sold or otherwise disposed of, or used for other than public park and recreation purposes, unless approved by a prior vote of the electorate, except that the council, after a public hearing, may permit a portion of a city park to be used for public improvements as long as such use does not significantly impact the park’s viability.

Section 42 Debt.

City indebtedness may not exceed debt limits imposed by state law. A charter amendment is not required to authorize city indebtedness.

Section 43 Ordinance Continuation.

All ordinances consistent with this charter in force when it takes effect remain in effect until amended or repealed.

Section 44 Repeal.

All charter provisions adopted before this charter takes effect are repealed.

Section 45 Severability.

The terms of this charter are severable. If any provision is held invalid by a court, the invalidity does not affect any other part of the charter.

Section 46 Time of Effect.

This charter takes effect January 1, 2007. This charter was amended November 7, 2017 and May 16, 2023.

Section 47 Property Tax Limitation.

The purpose of this Section is to reduce the ad valorem property tax rate authorized to be levied by the City to reflect the amount the City will no longer spend on fire, emergency medical and ambulance services if the City is within the Tualatin Valley Fire and Rescue District (District).

(a) Except as provided in subsection (b) the City Council is prohibited from levying more than $2.50 of the City’s permanent ad valorem property tax rate against any property within the District.

(b) Commencing with fiscal year 2019/2020, and each year thereafter, the City Council may increase the tax rate limit established under subsection (a) by 3% of the prior year’s limit. Council also may levy in excess of the limit specified in subsection (a), as increased under this subsection, if authorized by a measure approved by the voters.

(c) This Section shall apply commencing with the City’s 2018/19 fiscal year and continue in effect as long as the City remains within the boundaries of the District.

(d) A local option or bond levy approved by the voters will neither be affected by, nor affect, this Section.

Section 48 Use of City Resources for Homeless Encampments.

(a) City resources may not be used to subsidize the construction or operation of a homeless encampment located within 1500 feet of a Newberg school.

(b) City resources may not be used to subsidize the construction or operation of a homeless encampment unless approved by a Voter Authorization Measure subject to the following conditions:

(1) The Voter Authorization Measure allowing the use of city resources for a specific homeless encampment must be in the form of a City ballot measure approved by a majority of votes at a primary or general election.

(2) The ballot title of the Voter Authorization Measure must identify the location or proposed location of the homeless encampment using the physical address(es) of associated property and list the distance between the encampment and the three closest Newberg schools.

(3) The ballot title of a Voter Authorization Measure must identify the maximum total value of the city resources that may be authorized to support a specific homeless encampment. Duration of an encampment’s authorization may not exceed the time period proposed under the measure and may not exceed ten years.

(c) Definitions. As used in this Section:

(1) “City resources” means the specific allocation of monies or property, over which the City exercises discretion, that could be allocated for uses other than homeless encampments, or, any significant allocations of city staff time, equipment and/or supplies with an aggregate value of $25,000 or more during a single budget year. The limitations on the use of “city resources” within this section do not apply to the use or delivery of any emergency or public safety services, the delivery of other services to any person camping at least 1500 feet from a school, the conduct of routine city operations that impose obligations upon or provide incidental benefits to an existing homeless encampment or to a proposed homeless encampment, or to any costs arising from an election for a Voter Authorization Measure.

(2) “Homeless encampment” means any property approved for use as an outdoor living space where tents, yurts, automobiles, recreational vehicles, or any housing structures lacking a foundation or modern indoor plumbing facilities used for transitional housing more than 90 days, or any section of public right of way where camping is allowed for purposes of temporary housing. This definition shall not apply to any properties or structures used to house persons physically displaced by fire, flood, natural disaster, or any other temporary, non-recurring emergency.

(3) “Newberg school” means the grounds and buildings regularly and primarily used by any educational institution that offers at least six months of onsite curricula for the advancement of thirty or more K-12 students toward an Oregon diploma operating within Newberg city limits. If a Newberg school commences operations after an election for a Voter Authorization Measure is called, or after such measure is enacted by voters, that school’s proximity shall not preempt the election called nor prohibit the use of city resources so approved for a homeless encampment.

(d) Any ballot measure submitted for authorization under this section must comply with state law. If information required by this measure cannot be lawfully included within the ballot title of a measure, it shall be included in the explanatory statement for the measure or by written notice mailed to every voter no more than one week prior to mailing of ballots.

(e) The district attorney or any city taxpayer may file suit to enforce these provisions against any public official who expends, or authorizes the expense of, moneys in excess of the amounts authorized by voters or for purposes not so authorized. A prevailing claimant may recoup, on behalf of the City, misspent moneys from any public official found to be personally responsible for unauthorized expenditures. Consistent with ORS 30.285, the City shall defend all public officers from any such suit, however, no city resources may be used to indemnify a public official from liability for any expenditure constituting malfeasance in office, or willful or wanton neglect of duty.

If any portion of this section is held to be unenforceable as a matter of law by a court of competent jurisdiction, it shall be severed only to the degree necessary to correct the deficiency and shall not alter the remaining provisions.