CHARTER
Chapters:
V POWERS AND DUTIES OF OFFICERS
CHAPTER I
NAME AND BOUNDARIES
SECTION 1. NAME OF CHARTER
This charter may be referred to as the City of Veneta Charter of 1999.
SECTION 2. NAME OF CITY
The City of Veneta, Oregon, continues under this charter to be a municipal corporation with the name, City of "Veneta".
SECTION 3. BOUNDARIES
The city includes all territory within its boundaries as they now exist or hereafter are modified pursuant to state law. The custodian of the city's records shall keep an accurate, current description of the boundaries and make a copy of it available for public inspection in the city during regular city office hours.
CHAPTER II
POWERS
SECTION 4. POWERS OF THE CITY.
The city has all powers which the constitution, statutes, and common law of the United States and of this state now or hereafter expressly or impliedly grant or allow municipalities, as fully as though this charter specifically enumerated each of those powers.
SECTION 5. CONSTRUCTION OF POWERS
In this charter, no specification of a power is exclusive or restricts authority that the city would have if the power were not specified. This charter shall be liberally construed, so that the city may exercise fully all its powers possible under this charter and under United States and Oregon Law. All powers are continuing unless a specific grant of power clearly indicates the contrary.
SECTION 6. DISTRIBUTION OF POWERS
Except as this charter prescribes otherwise and as the Oregon Constitution reserves municipal legislative power to the voters of the city, all powers of the city are vested in the council.
CHAPTER III
FORM OF GOVERNMENT
SECTION 7. COUNCIL
The council consists of a mayor and four councilors nominated and elected from the city at large or, in the case of one or more vacancies in the council, the council members whose offices are not vacant.
SECTION 8. COUNCILORS
The term of office of a councilor in office when this charter is adopted is the term of office for which the councilor has been elected before adoption of the charter. At each biennial general election after the adoption, two council positions shall be voted upon, each for a four-year term.
SECTION 9. MAYOR
The term of office of the mayor in office when this charter is adopted continues until the elected successor to the office assumes the office. Beginning with the biennial general election in the year 2000, and every four years thereafter, a mayor shall be elected for a term of four years.
SECTION 10. TERMS OF OFFICE
The term of office of an elective officer who is elected at a general election begins at the first council meeting of the year immediately after the election and continues until the successor to the office assumes the office.
SECTION 11. QUALIFICATIONS OF ELECTED OFFICERS
(1) No person is eligible for an elective office of the city unless at the time of election the person is a qualified elector within the meaning of the state constitution and has resided in the city one year (365 days) immediately preceding the election. In this subsection "city" means area inside the city limits at the time of the election or appointment. The council is the final judge of the qualifications and election of its own members.
(2) No person shall be a candidate at a single election for more than one elective city office.
(3) An elective officer may be employed in a city position that is substantially volunteer in nature. Whether the position is substantially volunteer may be decided by the municipal court or in some other manner, whichever the council prescribes or authorizes. No paid employee nor person holding a paid appointive position of the city may hold office as mayor or city council member of the city.
SECTION 12. OTHER OFFICERS
Additional officers of the city shall be a municipal judge, city administrator and such other officers the council deems necessary. Each of these officers shall be appointed and may be removed by the mayor with the consent of the majority of the council. The council may combine any two or more appointive city offices. The council may designate any appointive officer to supervise any other appointive officer; except the municipal judge, who shall be supervised by the Mayor, except in the exercise of the judicial functions.
SECTION 13. COMPENSATION
The compensation for the services of city officers and employees shall be in such amounts as is fixed by the council.
SECTION 14. OATH
Before assuming city office, an officer shall take an oath or shall affirm that he or she will faithfully perform the duties of the office and support the constitution and laws of the United States and of the state of Oregon.
CHAPTER IV
COUNCIL
SECTION 15. RULES
The council shall, by ordinance, prescribe rules to govern its meetings and proceedings.
SECTION 16. MEETINGS
The council shall meet in the city regularly at least once a month at a time and place designated by council rules, and may meet at other times in accordance with the rules.
SECTION 17. QUORUM
A majority of the council constitutes a quorum for its business, but a smaller number of the council may meet and compel the attendance of absent councilors as prescribed by council rules.
SECTION 18. RECORD OF PROCEEDINGS
A record of council proceedings shall be kept and authenticated in a manner prescribed by the council.
SECTION 19. MAYOR'S FUNCTIONS
AT COUNCIL MEETINGS
(1) When present at council meetings the mayor shall:
(a) Preside over deliberations of the council,
(b) Preserve order,
(c) Enforce council rules, and
(d) Determine the order of business under the rules.
(2) Notwithstanding subsection (1) of this section, the mayor may temporarily cease to chair a council meeting and delegate the functions described in subsection (1) to another council member.
(3) The mayor is a voting member of the council.
(4) For purposes of determining a quorum and other requirements, as they relate to a majority of votes, the mayor shall, in all respects, be considered a council member.
SECTION 20. VOTE REQUIRED
Except as this charter otherwise provides, the concurrence of a majority of the members of the council present at a council meeting shall be necessary to decide any question before the council.
SECTION 21. PRESIDENT OF COUNCIL
(1) At its first meeting after this charter takes effect and at its first meeting of each odd-numbered year, the council shall appoint a president from its councilors.
(2) Except when voting on questions before the council, the president shall function as mayor when the mayor is:
(a) Absent from a council meeting, or
(b) Unable to function as mayor.
SECTION 22. VACANCIES – OCCURRENCE
The office of a member of the council becomes vacant:
(1) Upon the incumbent's:
(a) Death,
(b) Adjudicated incompetence, or
(c) Recall from the office;
(2) Upon declaration by the council of the vacancy in case of the incumbent's:
(a) Failure, following election or appointment to the office, to qualify for the office within fifteen days after the time for his or her term of office to begin,
(b) Absence from the city for 30 days without the council's consent or from all meetings of the council within a 60-day period,
(c) Ceasing to reside in the city,
(d) Ceasing to be a qualified elector under state law,
(e) Conviction of a public offense punishable by loss of liberty, or
(f) Resignation from the office.
SECTION 23. VACANCIES – FILLING
A vacancy in the council shall be filled by appointment by a majority of the council. The appointee's term of office runs from the time of his or her qualifying for the office after the appointment and until expiration of the term of the predecessor who has left the office vacant. During a council member's inability to serve on the council or during a mayor's absence from the city, a majority of the other council members may by appointment fill the vacancy pro tem.
CHAPTER V
POWERS AND DUTIES OF OFFICERS
SECTION 24. MAYOR
The mayor shall appoint:
(1) Members of committees established by council rules,
(2) Other persons required by the council to be so appointed, and
(3) Shall have no veto power and shall sign all ordinances passed by the council within 3 days after their passing.
SECTION 25. MUNICIPAL COURT
AND JUDGE
(1) If the council creates the office of municipal judge and fills it by appointment, the appointee shall hold, within the city at a place and times that the council specifies, a court known as the Municipal Court for the City of Veneta, Lane County, Oregon.
(2) Except as this charter or city ordinance prescribes to the contrary, proceedings of the court shall conform to general laws of this state governing justices of the peace and justice courts.
(3) All area within the city and, to the extent provided by state law, area outside the city is within the territorial jurisdiction of the court.
(4) The municipal court has original jurisdiction over every offense that an ordinance of the city makes punishable. The court may enforce forfeitures and other penalties that such ordinances prescribe.
(5) The municipal judge may:
(a) Render judgments and, to enforce them, impose sanctions on persons and property within the court's territorial jurisdiction;
(b) Order the arrest of anyone accused of an offense against the city;
(c) Commit to jail or admit to bail anyone accused of such an offense;
(d) Issue and compel obedience to subpoenas;
(e) Compel witnesses to appear and testify and jurors to serve in the trial of matters before the court;
(f) Penalize contempt of court;
(g) Issue process necessary to effectuate judgments and orders of the court;
(h) Issue search warrants; and
(i) Perform other judicial and quasi-judicial functions prescribed by ordinance.
(6) The council may authorize the municipal judge to appoint municipal judges pro tem, for terms of office set by the judge or the council.
(7) Notwithstanding this section, the council may transfer some or all of the functions of the municipal court to an appropriate state court.
SECTION 26. CITY ADMINISTRATOR
(1) The city administrator is the administrative head of the city government.
(2) A majority of the council shall appoint and may remove the administrator. The appointment shall be without regard to political considerations and solely on the basis of administrative qualifications.
(3) Upon accepting the appointment, the administrator shall furnish the city with a bond in an amount and with a surety approved by the council. The city shall pay the bond premium.
(4) The administrator shall be appointed for a definite or an indefinite term and all personnel policies established by the council shall apply to the administrator unless specifically excluded in the policy or by contract.
(5) The administrator shall:
(a) Attend all council meetings unless excused by the council or mayor;
(b) Keep the council advised of the affairs and needs of the city;
(c) See that the provisions of all ordinances are administered to the satisfaction of the council;
(d) See that all terms of franchises, leases, contracts, permits, and privileges granted by the city are fulfilled;
(e) Appoint, discipline and remove appointive personnel, except appointees of the mayor or council;
(f) Supervise and control the administrator's appointees in their service to the city;
(g) Organize and reorganize the departmental structure of city government, as directed by the council;
(h) Prepare and transmit to the council an annual city budget;
(i) Supervise city contracts;
(j) Supervise operation of all city-owned public utilities and property; and
(k) Perform other duties as the council prescribes consistent with this charter.
(6) The administrator shall not control:
(a) The council;
(b) The municipal judge in the judge's judicial functions; or,
(c) Except as the council authorizes, appointive personnel of the city whom the administrator does not appoint.
(7) The administrator and other personnel whom the council designates may sit with the council but may not vote on questions before it. The administrator may take part in all council discussions.
(8) When the administrator is unable to perform the duties as administrator, or when the office of administrator becomes vacant, the council shall appoint an administrator pro tem, who has the powers and duties of administrator, except that the administrator pro tem may appoint or remove personnel only with approval of the council. No person may be administrator pro tem more than twelve consecutive months.
CHAPTER VI
ELECTIONS
SECTION 27. STATE LAW
Except as this charter or a city ordinance prescribes to the contrary, a city election shall conform to state law applicable to the election.
SECTION 28. NOMINATIONS
A person may be nominated in a manner prescribed by general ordinance to run for an elective office of the city.
CHAPTER VII
ORDINANCES
SECTION 29. ORDAINING CLAUSE
The ordaining clause of all ordinances shall be, "The City of Veneta Ordains as Follows:".
SECTION 30. ADOPTION BY COUNCIL
(1) Except as subsection (2) of this section allows adopting at a single meeting and subsection (3) of this section allows reading by title only, an ordinance shall be fully and distinctly read in open council meetings on two different days before being adopted by the council.
(2) Except as subsection (3) of this section allows reading by title only, the council may adopt an ordinance at a single meeting by the express unanimous vote of all council members present, provided the ordinance is read first in full and then by title.
(3) A reading of an ordinance may be by title only if:
(a) No council member present at the reading requests that the ordinance be read in full or;
(b) At least one week before the reading:
(i) A copy of the ordinance is provided for each council member,
(ii) Three copies of the ordinance are available for public inspection in the office of the custodian of city records, and
(iii) Notice of their availability is given by written notice posted at the city hall and two other public places in the city, or advertised in a newspaper of general circulation in the city.
(4) An ordinance read by title only has no legal effect if it differs substantially from its terms as it was filed prior to the reading unless each section so differing is read fully and distinctly in open council meeting before the council adopts the ordinance.
(5) Upon the adoption of an ordinance, the ayes and nays of the respective council members shall be entered in the record of council proceedings.
(6) Upon the adoption of an ordinance, the custodian of city records shall endorse it with its date of adoption and the endorser's name and title of office.
SECTION 31. EFFECTIVE DATE
A non-emergency ordinance takes effect on the thirtieth day after its adoption or on a later day the ordinance prescribes. An ordinance adopted to meet an emergency may take effect as soon as adopted.
CHAPTER VIII
PUBLIC IMPROVEMENTS
SECTION 32. PROCEDURE
(1) The procedure for making, altering, vacating, or abandoning a public improvement shall be governed by general ordinance or, to the extent not so governed, by applicable state law. Proposed action on a public improvement that is not declared by two-thirds of the council present to be needed at once because of an emergency, shall be suspended for six months upon remonstrances by owners of land to be specially assessed for the improvement. The number of owners necessary to suspend the action shall be prescribed by general ordinance. A second such remonstrance suspends the action only with the consent of the council.
(2) In this section "owner" means the record holder of legal title or, as to land being purchased under a land-sale contract that is recorded or verified in writing by the record holder of legal title, the purchaser.
SECTION 33. SPECIAL ASSESSMENTS
The procedure for fixing, levying, and collecting special assessments against real property for public improvements or other public services shall be governed by general ordinance.
SECTION 34. BIDS
Contracts for public improvements to be made by a private contractor shall be governed by rules prescribed by general ordinance and state law. The city council, unless otherwise designated by the council, is designated as the public contract review board for the City of Veneta.
CHAPTER IX
MISCELLANEOUS PROVISIONS
SECTION 35. DEBT
The city's indebtedness may not exceed debt limits imposed by state law. A city officer or employee who creates or officially approves indebtedness in excess of this limitation is jointly and severally liable for the excess. A charter amendment is not required to authorize city indebtedness.
SECTION 36. CONTINUATION OF
ORDINANCES
Insofar as is consistent with this charter, and until amended or repealed, all ordinances in force when the charter takes effect retain the effect they have at that time.
SECTION 37. REPEAL
All charter provisions adopted before this charter takes effect are hereby repealed.
SECTION 38. SEVERABILITY
The terms of this charter are severable. If a part of the charter is held invalid, that invalidity does not affect another part of the charter, except as the logical relation between the two parts requires.
SECTION 39. TIME OF EFFECT
This charter shall take effect April 1, 1999.