CHARTER

To provide for the government of the city of St. Helens, Columbia County, Oregon; and to repeal all charter provisions of the city enacted prior to the time that this charter takes effect.

Be it enacted by the people of the city of St. Helens, Columbia County, Oregon:

CHAPTER I
Name and Boundaries

Section 1. Title of Enactment.

This enactment may be referred to as the city of St. Helens Charter of 1968.

Section 2. Name of City.

The municipality of St. Helens, Columbia County, Oregon, shall continue to be a municipal corporation with the name “City of St. Helens.”

Section 3. Boundaries.

The corporate limits of the City shall include all territory encompassed by its boundaries as they now exist or hereafter are modified by a majority of the voters. Unless mandated by State Law, annexation, delayed or otherwise, to the City of St. Helens, may only be approved by a prior majority vote among the electorate. The recorder shall keep in his office at the city hall at least two copies of this charter in each of which he shall maintain an accurate, up-to-date description of the boundaries. The copies and descriptions shall be available for public inspection at any time during regular office hours of the recorder. (Amended by Special Election March 9, 1999).

CHAPTER II
Powers

Section 4. Powers of the City.

The city shall have all powers which the consti­tution, statutes, and common law of the United States and of this state expressly or impliedly grant or allow municipalities, as fully as though this charter specifically enumerated each of those pow­ers.

Section 5. Construction of Charter.

In this charter no mention of a particular power shall be construed to be exclusive or to restrict the scope of the powers which the city would have if the particular power were not mentioned. The char­ter shall be liberally construed to the end that the city may have all powers necessary or convenient for the conduct of its municipal affairs, including all powers that cities may assume pursuant to state laws and to the municipal home rule provisions of the state constitution.

CHAPTER III
Form of Government

Section 6. Where Powers Vested.

Except as this charter provides otherwise, all powers of the city shall be vested in the council.

Section 7. Council.

The council shall be composed of a mayor and four councilmen elected from the city at large.

Section 8. Councilmen.

The councilmen in office at the time this charter is adopted shall continue in office, each until the end of his term of office as fixed by the charter of the city in effect at the time this charter is adopted. At each biennial general election after this charter takes effect, two councilmen shall be elected, each for a term of four years.

Section 9. Mayor.

At each biennial general election, a mayor shall be elected for a term of two years.

Section 10. Other Officers.

Additional officers of the city shall be a munic­ipal judge, a recorder, and such other officers as the council deems necessary. Each of these officers shall be appointed and may be removed by the mayor with the consent 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 in the exercise of his judicial functions.

Section 11. Salaries.

The compensation for the services of each city officer employee shall be the amount fixed by the council.

Section 12. Qualification of Officers.

No person shall be eligible for an elective office of the city unless at the time of his election he is a qualified elector within the meaning of the state constitution, is the owner of real property within the corporate limits of the city, and has resided in the city during the 12 months immediately preced­ing the election. The council shall be final judge of the qualifications and election of its own members.

CHAPTER IV
Council

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 the gov­ernment of its members and proceedings. The mayor upon his own motion may, or at the request of two members of the council shall, by giving notice thereof to all members of the council then in the city, call a special meeting of the council for a time not earlier than three, nor later than 48 hours after the notice is given. Special meetings of the council may also be held at any time by the consent of a majority of the members of the council.

Section 14. Quorum.

A majority of members of the council shall con­stitute a quorum for its business, but a smaller number may meet and compel the attendance of absent members in a manner provided by ordi­nance.

Section 15. Record of Proceedings.

The council shall cause a record of its proceed­ings to be kept. Upon the request of any of its mem­bers, the ayes and nays upon any question before it shall be taken and entered in the record.

Section 16. Proceedings to Be Public.

No action by the council shall have legal effect unless the motion for the action and the vote by which it is disposed of take place at proceedings open to the public.

Section 17. Mayor’s Functions at Council Meetings.

The mayor shall be chairman of the council and preside over its deliberations. He shall have a vote on all questions before it. He shall have authority to preserve order, enforce the rules of the council, and determine the order of business under the rules of the council.

Section 18. President of the Council.

At its first meeting after this charter takes effect and thereafter at its first meeting of each odd-num­bered year, the council by ballot shall elect a pres­ident from its membership. In the mayor’s absence from a council meeting, the president shall preside over it. Whenever the mayor is unable to perform the functions of his office, the president shall act as mayor.

Section 19. 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.

CHAPTER V
Power and Duties of Officers

Section 20. Mayor.

The mayor shall appoint the committees pro­vided by the rules of the council. He shall sign all records of proceedings approved by the council. He shall have no veto power and shall sign all ordi­nances passed by the council within three days after their passage. After the council approves a bond of a city officer or a bond for a license, con­tract, or proposal, the mayor shall endorse the bond.

Section 21. Municipal Judge.

The municipal judge shall be the judicial officer of the city. He shall hold within the city a court known as the municipal court for the city of St. Helens, Columbia County, Oregon. The court shall be open for the transaction of judicial business at times specified by the council. 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 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. He shall have authority 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 any process necessary to carry into effect the judgments of the court, and to punish witnesses and others for contempt of court. When not governed by ordinances or this charter, all pro­ceedings in the municipal court for the violation of a city ordinance shall be governed by the applica­ble general laws of the state governing justices of the peace and justice courts. The municipal judge shall have the jurisdiction and authority of a justice of the peace within the limits of the city of St. Helens, in both civil and criminal matters; and when exercising such jurisdiction and authority shall by subject to all of the general laws of the state prescribing the duties of a justice of the peace and the mode of performing the same.

Section 22. Recorder.

The recorder shall serve ex officio as clerk of the council, attend all its meetings unless excused therefrom by the council, keep an accurate record of its proceedings, and sign all orders on the trea­sury. In the recorder’s absence from a council meeting, the mayor shall appoint a clerk of the council pro tem who, while acting in that capacity shall have all the authority and duties of the recorder.

CHAPTER VI
Elections

Section 23. Regular Elections.

Regular city elections shall be held at the same times and places as biennial general state elections, in accordance with applicable state election laws.

Section 24. Notice of Regular Election.

The recorder, pursuant to directions from the council, shall give at least 10 days’ notice of each regular city election by posting notice thereof at a conspicuous place in the city hall and in one public place in each voting precinct of the city. The notice shall state the officers to be elected, the ballot title of each measure to be voted upon, and the time and place of the election. In lieu of the foregoing provi­sion, the council may direct that the notice required by this section shall be given as part of the county election procedure.

Section 25. Special Elections.

The council shall provide the time, manner, and means for holding any special election. The recorder shall give at least 10 days’ notice of each special election in the manner provided by the action of the council ordering the election.

Section 26. Regulation of Elections.

Except as this charter provides otherwise and as the council provides otherwise by ordinances relat­ing to elections, the general laws of the state shall apply to the conduct of all city elections, recounts of the returns therefrom, and contests thereof.

Section 27. Canvass of Returns.

In all elections held in conjunction with state and county election, the state laws governing the filing of returns by the county clerk shall apply. In each special city election, the returns therefrom shall be filed with the recorder on or before noon of the day following, and not later than five days after the election the council shall meet and canvass the returns. The results of all elections shall be entered in the record of the proceedings of the council. The entry shall state the total number of votes cast at the election, the votes cast for each person and for and against each proposition, the name of each person elected to office, the office to which he has been elected, and a reference to each measure enacted or approved. Immediately after the canvass is com­pleted, the recorder shall make and sign a certifi­cate of election of each person elected and deliver the certificate to him within one day after the can­vass. A certificate so made and delivered shall be prima facie evidence of the truth of the statement s contained in it.

Section 28. Tie Votes.

In the event of a tie vote for candidates for an elective office, the successful candidate shall be determined by a public drawing of lots in a manner prescribed by the council.

Section 29. Commencement of Terms of Office.

The term of office of a person elected at a regu­lar city election shall commence the first of the year immediately following the election.

Section 30. Oath of Office.

Before entering upon the duties of his office, each officer shall take an oath or shall affirm that he will support the constitutions and laws of the United States and of Oregon and that he will faith­fully perform the duties of his office.

Section 31. Nominations.

The council shall provide by ordinance the mode for nominating elective officers.

CHAPTER VII
Vacancies in Office

Section 32. What Creates Vacancy.

An office shall be deemed vacant upon the incumbent’s death; adjudicated incompetence; conviction of a felony, other offense pertaining to his office, or unlawful destruction of public records; resignation; recall from office; or ceasing to possess the qualification for the office; upon failure of the person elected or appointed to the office to qualify therefor within 10 days after the time for his term of office to commence; or, in the case of a mayor or councilman, upon his absence from the city for 30 days without the consent of the council or upon his absence from meetings of the council for 60 days without like consent, and upon a declaration by the council of the vacancy.

Section 33. Filling of Vacancies.

Vacant elective offices in the city shall be filled by appointment. A majority vote of the council shall be required to validate the appointment. The appointee’s term of office shall begin immediately upon his appointment and qualification and shall continue throughout the unexpired term of his pre­decessor. During the temporary disability of any officer or during his absence temporarily from the city for any cause, his office shall be filled pro tem in the manner provided for filling vacancies in office permanently.

CHAPTER VIII
Ordinances

Section 34. Enacting Clause.

The enacting clause of all ordinances hereafter enacted shall be “The City of St. Helens does ordain as follows:”.

Section 35. Mode of Enactment.

(1) Except as the second and third paragraphs of this section provide to the contrary, every ordi­nance of the council shall, before being put upon its final passage, be read fully and distinctly in open council meeting on two different days.

(2) Except as the third paragraph of this section provides to the contrary, an ordinance may be enacted at a single meeting of the council by unan­imous vote of all council members present, upon being read first in full and then by title.

(3) Any of the readings may be by title only if no council member present at the meeting requests to have the ordinance read in full or if a copy of the ordinance is provided for each council member and three copies are provided for public inspection in the office of the city recorder not later than one week before the first reading of the ordinance and if notice of their availability is given forthwith upon the filing by written notice posted at the city hall and two other public places in the city or by advertisement in a newspaper of general circula­tion in the city. An ordinance enacted after being read by title alone may have no legal effect if it dif­fers substantially from its terms as it was thus filed prior to such reading, unless each section incorpo­rating such a difference is read fully and distinctly in open council meeting as finally amended prior to being approved by the Council.

(4) Upon final vote on an ordinance, the ayes and nays of the members shall be taken and entered in the record of proceedings.

(5) Upon the enactment of an ordinance, the recorder shall sign it, with the date of its passage and his name and title of office; and within three day thereafter the mayor shall sign it with the date of his signature, his name and title of his office.

Section 36. When Ordinances Take Effect.

An ordinance enacted by the council shall take effect on the thirtieth day after its enactment. When the council deems it advisable, however, an ordi­nance may provide a later time for it to take effect, and in case of an emergency, it may take effect immediately.

CHAPTER IX
Public Improvements

Section 37. Condemnation.

Any necessity of taking property for the city by condemnation shall be determined by the council and declared by a resolution of the council, describing the property and stating the uses to which it shall be devoted.

Section 38. Improvements.

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 the applicable general laws of the state. Action on any proposed public improvement, except a sidewalk or except an improvement unan­imously declared by the council to be needed at once because of an emergency, shall be suspended for six months upon a remonstrance thereto by the owners of two-thirds of the land to be specially assessed therefor. In this section, “owner” shall mean the record holder of legal title, or where land is being purchased under a land sale contract recorded or verified to the recorder in writing by the record holder of legal title to the land, the pur­chaser shall be deemed the “owner.”

Section 39. Special Assessments.

The procedure for levying, collecting, and enforcing the payment of special assessments for public improvements or other services to be charged against the real property shall be governed by general ordinance.

Section 40. Bids.

A contract in excess of $500.00 for a public improvement to be made by a private contractor shall be let to the lowest responsible bidder for the contract and shall be done in accordance with plans and specifications approved by the council.

CHAPTER X
Miscellaneous Provisions

Section 41. Debt Limit.

Except by consent of the voters, the city’s vol­untary floating indebtedness shall not exceed $75,000.00; nor its bonded indebtedness $50,000.00 at any one time. For purposes of calcu­lating the limitation, however, the legally autho­rized debt of the city in existence at the time this charter takes effect shall not be considered. All city officials and employees who create or officially approve any indebtedness in excess of the limita­tion shall be jointly and severally liable for the excess.

Section 42. Torts.

In no event shall the city be liable in damages for an injury to person, a damage to property, or a death, caused by a defect or a dangerous condition in a public thoroughfare, site, or facility, unless the city has had actual notice prior to the injury, dam­age or death that the defect or condition existed and has had a reasonable time thereafter in which to repair or remove it. No action shall be maintained against the city for damages growing out of such injury, damage or death unless the claimant first gives written notice to the council within 30 days after the injury, damage or death is sustained, stat­ing specifically the time when, the place where, and the circumstances under which it was sus­tained, and that he will claim damages therefor of the city in an amount which he specifies. But in no event shall the action be started until 30 days have elapsed after the presentation of this notice to the council.

Section 43. Existing Ordinance Continued.

All ordinances of the city consistent with this charter and in force when it takes effect shall remain in effect until amended or repealed.

Section 44. Repeal of Previously Enacted Provisions.

All charter provisions of the city enacted prior to the time that this charter takes effect are hereby repealed.

Section 45. Time of Effect of Charter.

This charter shall take effect January 1, 1969.

Section 46. Garbage Burners.

It is prohibited in the City of St. Helens to con­struct or operate an incinerator that burns garbage within three miles of a public school, hospital or retirement home. [Section 46 added by election held May 17, 1988.]

CHAPTER XI

Section 1.

For the purpose of securing funds to be used to improve the sewer system for the city of St. Helens, the council of the city of St. Helens, Oregon, is hereby authorized and empowered to issue and dis­pose of general obligation bonds of the said city in an amount not to exceed $365,000.00, said bonds to be in denominations of $1,000.00 to $5,000.00 each, as the council may determine, signed by the mayor and countersigned by the recorder of said city under the corporate seal of the city, having semi-annual coupons attached thereto bearing the facsimile signatures of the mayor and recorder, whereby the city of St. Helens shall be held in sub­stance and effect to undertake and promise to pay the bearer of said bonds at maturity thereof the sum named therein in legal tender of the United States, said bonds to be dated at such time or times as the council may determine. The bonds issued in pursu­ance of the authority hereby granted shall be known as “City of St. Helens Sewer Bonds, Series 1970,” and shall be advertised and sold to the high­est responsible bidder, and the council in its discre­tion shall be directed to reject any and all bids tendered when the bids are not satisfactory and to readvertise the same. The bonds are to be dated at such time or times as the council may determine and to mature at such time or times as may be fixed by the council, but not to exceed 20 years from date.

Section 2.

The debt limitations contained in the Charter of the city of St. Helens, Oregon, shall not apply to the bonds hereby authorized.

Section 3.

The council of said city shall each year, at the time of making the annual tax levy for city pur­poses, make a levy in addition thereto in a sum suf­ficient to pay interest on the outstanding bonds of this issue, and to retire the principal thereof at maturity. [Chapter XI as added by special election held January 27, 1970.]

CHAPTER XII

Section 1.

To facilitate the abatement, elimination and con­trol of the pollution of waters, the common council of the city of St. Helens is authorized to construct, equip, operate and maintain within or without the city a secondary sewage treatment facility for the purpose of providing secondary treatment for the proper disposal of municipal sewage and for the proper treatment and disposal of discharges of industrial wastes.

Section 2.

When determined by the common council to be in the public interest and necessary for the protec­tion of public health, the city of St. Helens may enter into and perform long-term contracts with industrial establishments for the provision and operation by the city of a sewage facility to abate or reduce the pollution of waters caused by dis­charges of industrial wastes by the industrial estab­lishment and the payment periodically by the industrial establishment to the city of amounts at least sufficient in the determination of the common council as user service charges or other charges to compensate the city for the cost of providing pay­ment of principal and interest on revenue obliga­tions financing the facility and of operating and maintaining the sewage facility serving such indus­trial establishment.

Section 3.

The common council may acquire, by condem­nation or otherwise, necessary lands or interests in lands for the treatment and its sewer lines.

Section 4.

The common council may, in the name of the city, issue sewer revenue bonds in the amount of $2,200,000.00, or such lesser amount as the com­mon council shall determine, for the purpose of providing funds for the payment of the cost of acquisition of lands, design, construction and equipping of the secondary treatment facility, including necessary laboratory facilities and equip­ment, and the payment of the cost and expenses reasonably incurred in the issuance and sale of the revenue bonds, and any other costs related to or necessary for the construction of the facility and the issuance of bonds.

Section 5.

The revenue bonds shall be known as “City of St. Helens Revenue Sewage Bonds, Series 1970,” and shall bear such date, be in such denominations, mature in such amounts from time to time, be pay­able at such place and may be redeemable with or without premium, and may carry such registration privileges and may be executed by such officers and in such manner as is prescribed by the common council. The interest shall be payable semi-annu­ally and the bonds shall be payable in legal tender of the United States at such interest rate or rates as may be prescribed by the common council. The bonds shall be advertised and sold at public sale to the highest responsible bidder, and the common council may refuse any and all bids in its sole deter­mination.

Section 6.

The common council shall prescribe use rates and fees to be charged for the service rendered by the facility. The revenue from such rates and fees shall be pledged to pay the costs of maintenance and operation of the facility, including extraordi­nary maintenance, damage, repair, renewals and replacements and the payment of the principal at maturity and interest due on the revenue bonds, together with the cost of the creation and mainte­nance of reasonable reserves to secure these pay­ments. The common council may provide for the deposit and the use of the revenue, including the establishment of necessary and proper sinking funds and reserve accounts and such additional accounts as may be deemed necessary. The com­mon council may provide for the right of bond­holders in case of default in the payment of interest and principal, including the appointment of a receiver to operate the facility.

Section 7.

The common council, without further or prior authorization or approval by the legal voters of the city, may issue additional revenue bonds or refund­ing revenue bonds payable from the revenues of the facility, and any additions to or enlargements thereof.

Section 8.

The revenue bonds shall not be general obliga­tions of the city of St. Helens, and the debt limita­tions contained in the Charter of the city of St. Helens shall not apply to the bonds hereby autho­rized. [Chapter 12 as added by special election held January 27, 1970.]

CHAPTER XIII

Section 1.

The common council of the city of St. Helens is authorized to levy each year an annual tax on all taxable property in the city in the amount sufficient to realize the sum of $9,000.00 in addition to all other taxes now authorized by the Charter, for the purpose of acquiring sites, and for constructing, maintaining and supervising a city park or parks for the city of St. Helens, the proceeds of said tax levy to be credited to the city of St. Helens for park purposes.

Section 2.

The special tax herein provided for is hereby specifically authorized to be permanently levied each year and shall not be computed as part of the revenue raised during those years or for those years by general taxation, which general taxation is sub­ject to the tax limitation of Section 11, Article XI of the Constitution of the State of Oregon, and said special tax herein provided for shall be in addition to all other general and special tax which may be levied according to law. [Chapter XIII as added by election held November 3, 1970.]

CHAPTER XIV

Section 1.

For the purpose of securing funds to be used for construction of Sewer District No. 12 for the city of St. Helens, the council of the city of St. Helens, Oregon, is hereby authorized and empowered to issue and dispose of general obligations bonds of the said city in an amount not to exceed $250,000.00 said bonds to be in denominations of $1,000.00 to $5,000.00 each as the council may determine, signed by the mayor and countersigned by the recorder of said city under the corporate seal of the city, having semi-annual coupons attached thereto bearing the facsimile signatures of the mayor and recorder, whereby the city of St. Helens shall be held in substance and effect to undertake and promise to pay the bearer of said bonds at maturity thereof the sum named therein in legal tender of the United States, said bonds to be dated at such time or times as the council may determine. The bonds issued in pursuance of the authority hereby granted shall be known as “City of St. Helens Sewer District No. 12 Bonds, Series 1970,” and shall be advertised and sold to the highest responsible bidder, and the council in its discretion shall be directed to reject any and all bids tendered when the bids are not satisfactory and the readver­tise the same. The bonds are to be dated at such time or times as the council may determine and to mature at such time or times as may be fixed by the council, but not to exceed 20 years from date.

Section 2.

The debt limitations contained in the Charter of the city of St. Helens, Oregon, shall not apply to the bonds hereby authorized.

Section 3.

The council of said city shall each year, at the time of making the annual tax levy for city pur­poses, make a levy in addition thereto in a sum suf­ficient to pay interest on the outstanding bonds of this issue, and to retire the principal thereof at maturity. [Chapter XIV as added by election held May 26, 1970.]

CHAPTER XV

Section 1.

For the purpose of securing funds to be used to improve the water system for the city of St. Helens by constructing, improving, enlarging and expand­ing the distribution system, by constructing a reser­voir, by purchasing land for the reservoir, and by purchasing and installing the necessary equipment therefor, the council of the city of St. Helens, Ore­gon, is hereby authorized and empowered to issue and dispose of general obligation bonds of the said city in an amount not to exceed $500,000.00, said bonds to be in denominations of $1,000.00 to $5,000.00, each as the council may determine, signed by the mayor and countersigned by the recorder of said city under the corporate seal of the city, having semi-annual coupons attached thereto bearing the facsimile signatures of the mayor and recorder, whereby the city of St. Helens shall be held in substance and effect to undertake and promise to pay the bearer of said bonds at maturity thereof the sum named therein in legal tender of the United States, said bonds to be dated at such time or times as the council may determine. The bonds issued in pursuance of the authority hereby granted shall be known as “City of St. Helens Water Bonds, Series 1972,” and shall be advertised and sold to the highest responsible bidder, and the council in its discretion shall be directed to reject any and all bids tendered when the bids are not satisfactory and to readvertise the same. The bonds are to be dated at such time or times as the council may determine and to mature at such time or times as the council may determine and to mature at such time or times as may be fixed by the council, but not to exceed 15 years from date.

Section 2.

The debt limitations contained in the charter of the city of St. Helens, Oregon, shall not apply to the bonds hereby authorized.

Section 3.

The council of said city shall each year, at the time of making the annual tax levy for city pur­poses, make a levy in addition thereto in a sum suf­ficient to pay interest on the outstanding bonds of this issue, and to retire the principal thereof at maturity. [Chapter XV as added by election held November 7, 1972.]