COTTAGE GROVE
CHARTER

OF
1965

A CHARTER TO PROVIDE FOR THE GOVERNMENT OF THE CITY OF COTTAGE GROVE, LANE 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 Cottage Grove, Lane County, Oregon:

CHAPTER I
NAME AND BOUNDARIES

Section 1. TITLE OF ENACTMENT.

This enactment may be referred to as the "Cottage Grove Charter of 1965".

Section 2.  NAME OF CITY.

The City of Cottage Grove, Lane County, Oregon, shall continue to be a municipal corporation with the name "City of Cottage Grove".

Section 3. BOUNDARIES.

The City shall include all territory encompassed by its boundaries as they now exist or hereafter are modified by voters, by the Council, or by any other agency with legal power to modify them. The Recorder shall keep in his office at the City Hall at least two (2) 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.

Section 4. GENDER.

Whenever used, the use of any gender shall be applicable to all genders. (Added by Ord. 2750, passed by election November 8, 1994)

CHAPTER II
POWERS

Section 4. POWERS OF THE CITY.

The City shall have all the rights, powers, privileges, and immunities which the constitutions, statutes and common laws of the United States and of the State of Oregon expressly or implied grant or allow municipalities, including the right, power, privileges and immunities which a city can exercise upon specifically accepting them or upon being granted the power to exercise them by the people of the City or the legislature of the State as fully as though this Charter expressly stated each of those rights, powers, privileges, and immunities, and as though each of them had been specifically accepted by the City or granted to it by the legislature of the State. (Amended by Ord. 2750, passed by election November 8, 1994)

Section 5. CONSTRUCTION OF CHARTER.

In this Charter the enumeration of or reference to particular rights, powers, privileges and immunities shall not be construed to be exclusive. The Charter shall be liberally construed to the end that the City may have all necessary and convenient powers for the conduct of its municipal affairs, as contemplated by the municipal home rule provision of the construction and laws of the State of Oregon.

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 six Councilors. The City shall be divided into four wards. The City Council shall fix, and may from time to time modify, the boundaries of the wards. Each ward shall be represented on the City Council by one Councilor. Ward Councilors shall reside in the ward represented at the time of their nomination and election. Continued residence within the ward following election is not a qualification of the office. Two Councilors shall represent the City at large. All Ward Councilors shall be elected by the city at large. The Mayor and At Large Councilors shall be elected by the city at large. (Amended by Ord. 2533, passed by election November 6, 1984; by initiative passed by election September 17, 1996; and by Ord. 2821, passed by election November 3, 1998)

Section 8. COUNCILORS.

The Councilors in office or elected 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. Of the two Councilors elected from the same ward at the time this Charter is adopted, the one who receives the greater number of votes shall hold office for four years and the other for two years. At each biennial general election after this Charter takes effect, three Councilors shall be elected, each for a term of four years, one Councilor shall be elected from the City at large, and one each from two of the wards. In 1966 and for every four years thereafter Councilors shall be elected from wards designated by the Council as odd numbered wards. In 1968 and every four years thereafter Councilors shall be elected from wards designated by the Council as even numbered wards. The Council may at its first meeting in 1965 designate two of its members, one of whom has been elected to serve until the end of 1966, and the other until the end of 1968, as representing the City at large, and may designate which of the wards the other Councilors shall represent. (Amended by Ord. 2533, passed by election November 6, 1984)

Section 9. MAYOR.

At each biennial general election commencing with 1968 a new Mayor shall be elected for a term of two (2) years.

Section 10. OTHER OFFICERS.

Additional officers of the City shall be a City Manager and Municipal Judge, each of whom the Council shall appoint, and such other officers as the Council deems necessary. In no combination of appointive offices shall those of City Manager and Municipal Judge be combined with each other. And in no such combination shall the Municipal Judge be subject in his judicial functions to supervision by any other officer. The term of office of the Recorder who is in office at the time this Charter is adopted shall terminate at the time the Charter takes effect.

Section 11. SALARIES.

The compensation for the services of each City officer and employee shall be the amount fixed by the Council. No Councilor or Mayor, however, shall receive compensation for serving in that capacity. (Amended by Ord. 2533, passed by election November 6, 1984)

Section 12. QUALIFICATIONS 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 and has resided in the City during the twelve months immediately preceding the election. The Council shall be final judge of the qualifications and election of its own members, subject, however, to review by a court of competent jurisdiction.

Section 13. BOND REQUIRED.

Except as is otherwise provided in the Charter every person appointed to public office or public employment in the City prior to entering their employment shall give to the City of Cottage Grove such bond for the faithful performance of said person's service, duties of office or public employment as the Council may require. Elected officers shall be required to give such bond only if the officer is a signatory on City checks or related bank accounts. (Amended by Ord. 2750, passed by election November 8, 1994)

CHAPTER IV
COUNCIL

Section 14. MEETINGS.

The Council shall hold regular meetings on the second and fourth Monday of each month at a time and at a place in the City 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 three 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 forty-eight hours after the notice is given. Special meetings of the Council may also be held at any time by the common consent of all members of the Council. In the event a regularly scheduled meeting date is a holiday the Council, at its election, may hold the meeting the following day or not have said meeting for that date. (Amended by Ord. 2533, passed by election November 6, 1984)

Section 15. QUORUM.

A majority of the 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 16. JOURNAL.

(Repealed by Ord. 2750, passed by election November 8, 1994)

Section 17. MEETINGS TO BE PUBLIC.

The provisions of Oregon Revised Statutes relating to public meetings shall be determinative of the Common Council's obligation to hold public meetings and its right to hold executive sessions.

Section 18. MAYOR'S FUNCTIONS AT COUNCIL MEETING.

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 19. 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 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. (Amended by Ord. 2750, passed by election November 8, 1994)

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.

CHAPTER V
POWERS AND DUTIES OF OFFICERS

Section 21. MAYOR.

The Mayor shall appoint the committees provided by the rules of the Council. He shall sign all approved records of proceedings of the Council. He shall have no veto power and shall sign all ordinances passed by the Council within three days after their passing. Upon the approval of the Council, he shall endorse all bonds of City officers and all bonds for licenses, contracts and proposals.

Section 22. CITY MANAGER.

(1) QUALIFICATIONS. The City Manager shall be the administrative head of the government of the City. He shall be chosen by the Council without regard to political considerations and solely with reference to his executive and administrative qualifications. He need not be a resident of the City or of the State at the time of his appointment. Before taking office, he shall give a bond in such amount and with such surety as may be approved by the Council. The premiums on such bond shall be paid by the City.

(2) TERM. The Manager shall be appointed for an indefinite term and may be removed at the pleasure of the Council. Upon any vacancy occurring in the office of Manager after the first appointment pursuant to this Charter, the Council at its next meeting shall adopt a resolution of its intention to appoint another Manager. Not later than six months after adopting the resolution, the Council shall appoint a Manager to fill the vacancy.

(3) POWERS AND DUTIES. The powers and duties of the Manager shall be as follows:

(1) He shall devote his entire time to the discharge of his official duties, attend all meetings of the Council unless excused therefrom by the Council or the Mayor, keep the Council advised at all times of the affairs and needs of the City, and make reports annually, or more frequently if requested by the Council, of all affairs and departments of the City.

(2) He shall see that all ordinances are enforced and that the provisions of all franchises, leases, contracts, permits and privileges granted by the City are observed.

(3) He shall appoint and may remove appointive City officers and employees except as this Charter otherwise provides, and he shall have general supervision and control over them and their work with power to transfer an employee from one department to another. He shall supervise the departments to the end of obtaining the utmost efficiency in each of them. He shall have no control, however, over the Council or over the judicial activities of the Municipal Judge.

(4) The City Manager shall act as purchasing agent for all departments of the City and all purchases in excess of $1,000 shall be made by requisition signed by the City Manager. The city's Finance Director shall have authority to act as purchasing agent for purchases under $1,000.

(5) He shall be responsible for preparing and submitting to the budget committee the annual budget estimates and such reports as that body requests.

(6) He shall supervise the operation of all public utilities owned and operated by the City and shall have general supervision over all City property.

(4) SEATS AT COUNCIL MEETINGS. The Manager and such other officers as the Council designates shall be entitled to sit with the Council but shall have no vote on questions before it. The Manager may take part in all Council discussions.

(5) MANAGER PRO-TEM. In case of the Manager's absence from the City, temporary disability to act as Manager, discharge by the Council, or resignation, the Council shall appoint a Manager pro-tem who shall possess the powers and duties of the Manager. No Manager pro-tem, however, may appoint or remove a City officer or employee except with the approval of three-fourths of the members of the Council. No Manager pro-tem shall hold his position as such for more than six months and no appointment of a Manager pro-tem shall be renewed.

(6) INTERFERENCE IN ADMINISTRATION AND ELECTIONS. No member of the Council shall directly or indirectly, by suggestion or otherwise, attempt to influence or coerce the Manager in the making of any appointment or removal of any officer or employee or in the decisions regarding contracts; or attempt to exact any promise relative to any appointment from any candidate for Manager, or discuss directly or indirectly with him the matter of specific appointments to any City office or employment. A violation of the foregoing provisions of this section may upon the affirmative vote of a majority of the remainder of Council members forfeit the office of the offending member of the Council. Nothing in this section shall be construed, however, as prohibiting the Council while in open session from fully and freely discussing with or suggesting to the Manager anything pertaining to City affairs or the interests of the City.

(7) INELIGIBLE PERSONS. No persons related to the Manager or his spouse by consanguinity or affinity within the third degree, nor the spouse, shall hold any appointive office or employment with the City. (Amended by Ord. 2750, passed by election November 8, 1994)

Section 23. 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 Cottage Grove, Lane County, Oregon. The court shall be open for the transaction of judicial business at times specified by the Council. All area 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 forfeiture 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 judgements of the court, and to punish witnesses and others for contempt of the 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 laws of the State governing justices of the peace and justice courts. Nothing in this section shall preclude transfer of all or part of the municipal court jurisdiction to a state court. (Amended by Ord. 2750, passed by election November 8, 1994)

Section 24. RECORDER.

(Repealed by Ord. 2750, passed by election November 8, 1994)

CHAPTER VI
ELECTIONS

Section 25. REGULAR ELECTIONS.

Regular City elections shall be held at the same time and places as biennial general State elections, in accordance with applicable State election laws.

Section 26. NOTICE OF REGULAR ELECTIONS.

(Repealed by Ord. 2750, passed by election November 8, 1994)

Section 27. SPECIAL ELECTIONS.

(Repealed by Ord. 2750, passed by election November 8, 1994)

Section 28. REGULATION OF ELECTIONS.

(Repealed by Ord. 2750, passed by election November 8, 1994)

Section 29. QUALIFIED ELECTORS.

(Repealed by Ord. 2750, passed by election November 8, 1994)

Section 30. CANVASS OF RETURNS.

(Repealed by Ord. 2750, passed by election November 8, 1994)

Section 31. 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 32. COMMENCEMENT OF TERMS OF OFFICE.

The term of office of a person elected at a regular City election shall commence at the first council meeting of the year immediately following the election. (Amended by Ord. 2750, passed by election November 8, 1994)

Section 33. 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 constitution and laws of the United States and of Oregon and that he will faithfully perform the duties of his office.

Section 34. NOMINATIONS.

(Repealed by Ord. 2750, passed by election November 8, 1994)

CHAPTER VII
VACANCIES IN OFFICE

Section 35. WHAT CREATES VACANCY.

An office shall be deemed vacant upon the incumbent's death, adjudicated incompetence, conviction of a felony, resignation, or recall from office; upon the incumbent's ceasing to possess the qualifications necessary for his office; or upon the failure of the person elected or appointed to an office to qualify therefor within three days after the time for his term of office to commence; and in case of Mayor or Councilor, upon his absence from the City for 30 days or upon his absence from meetings of the Council for 60 days without the consent of the Council and upon a declaration by the Council of the vacancy.

Section 36. FILLING OF VACANCY.

Vacancies in elective offices of the City shall be filled by appointment by a majority of the remaining members of the Council. The appointee shall be a resident of the ward from which a position has been vacated unless the predecessor was a Councilor at large. The appointee's term shall begin immediately upon his appointment and shall continue until the next general election at which time a candidate would be elected to serve the remaining term. During the temporary disability of any officer or during his absence temporarily from the City for any cause, his office may be filled pro-tem in the manner provided for filling vacancies in office permanently. (Amended by Ord. 2533, passed by election November 6, 1984)

CHAPTER VIII
ORDINANCES

Section 37. ENACTING CLAUSE.

The enacting clause of all ordinances hereafter enacted shall be "The City of Cottage Grove ordains as follows:".

Section 38. MODE OF ENACTMENT.

(1) Except as this section provides 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 of two different days.

(2) Except as 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 (a) if no Council member present at the meeting requests to have the ordinance read in full or (b) if a copy of the ordinance is provided for each Council member and three copies provided for public inspection in the Office of the City Manager not later than one week before the first reading of the ordinance and notice of their availability is given forthwith upon the filing, by (i) written notice posted at the City Hall and two other public places in the City or (ii) 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 difference is read fully and distinctly in open Council meeting as finally amended prior to being approved by the Council.

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

(5) Upon the enactment of an ordinance the Manager shall sign it with the date of its passage and his name and title of office, and within three days thereafter the Mayor shall sign it with the date of his signature, his name and the title of his office. (Amended by Ord. 2750, passed by election November 8, 1994)

Section 39. 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 40. 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 41. 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. A remonstrance by the owners of two-thirds of the property to be specially assessed for a proposed public improvement, except for any sidewalk construction, shall suspend action regarding the improvement for six months. For the purpose of this section "owner" shall mean the record holder of legal title to the land, except that if there is a purchaser of the land according to a recorded land sale contract or according to a verified writing by the record holder of legal title to the land filed with the City Recorder, the said purchaser shall be deemed the "owner".

Section 42. SPECIAL ASSESSMENTS.

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

Section 43. BIDS FOR PUBLIC IMPROVEMENTS AND CONSTRUCTION OR PURCHASES OVER $5,000.00.

(Repealed by Ord. 2750, passed by election November 8, 1994) (Amended by Ord. 2362, passed by election May 20, 1980)

CHAPTER X
MISCELLANEOUS PROVISIONS

Section 44. DEBT LIMIT.

(Repealed by Ord. 2750, passed by election November 8, 1994) (Amended by Ord. 2533, passed by election November 6, 1984 and Ord. 2362, passed by election May 20, 1980)

Section 45. TORTS.

(Repealed by Ord. 2750, passed by election November 8, 1994)

Section 46. EXISTING ORDINANCES 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 47. REPEAL OF PREVIOUSLY ENACTED PROVISION.

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

Section 48. TIME OF EFFECT OF CHARTER.

This Charter shall take effect January 1, 1965.