We, the people of Culver, Oregon in order to avail ourselves of self-determination in municipal affairs to the fullest extent now or hereafter possible under the Constitutions and laws of the United States and the State of Oregon, through this Charter confer upon the City the following powers, subject it to the following restrictions, prescribe for it the following procedures and governmental structure and repeal all previous Charter provisions of the City.

Chapter I

Section 1. Title of the Charter.

This Charter may be referred to as the 2008 Charter of The City of Culver

Section 2. Name of City.

The City of Culver, Oregon, continues under this Charter to be a municipal corporation with the name “City of Culver”.

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

Section 4. Powers of the City.

The City has all powers that the Constitution, statutes, and common law of the United States and of this State now or hereafter expressly or impliedly grant or allow the City, as fully as though this Charter specifically enumerated each of these 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 to 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

Section 7. Council.

The Council consists of a Mayor and six (6) Councilors nominated and elected from the City at large or, in 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 (or is elected at the time of the adoption). At each general election after the adoption, three Councilors shall be elected 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 beginning of the first odd-numbered year after that time. At each subsequent general election, a Mayor shall be elected for a two-year term.

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. Appointive Offices.

A majority of the Council may:

(1) Create, abolish, and combine appointive City offices and,

(2) Except as the majority prescribes otherwise, fill such offices by appointment and vacate them by removal.

Chapter IV

Section 12. Rules.

The Council shall, by ordinance, prescribe rules to govern its meetings and proceedings.

Section 13. Meetings.

The Council shall meet in the City regularly at least once a month at a time and place designated by the Council’s rules, and may meet at other times in accordance with the rules. The Mayor upon the Mayor’s own motion may call a meeting at a time and place determined by the Mayor. The Mayor shall call a special meeting at a time and place specified by written request of three Councilors.

Section 14. Quorum.

A majority of the Council constitutes a quorum for it’s business, but a smaller number of the Council may meet and compel attendance of absent Councilors as prescribed by Council rules. For the purpose of reaching a quorum, the Mayor shall be deemed a Councilor.

Section 15. Record of Proceedings.

A record of Council proceeding shall be kept and authenticated in a manner prescribed by the Council.

Section 16. Mayor.

The Mayor presides over and facilitates Council meetings, preserves order, enforces Council rules, and determines the order of business under Council rules. The Mayor is a voting member of the Council and has no veto authority. With the consent of the Council, the Mayor appoints members of commissions and committees established by ordinance or resolution.

Section 17. Council President.

At its first meeting each year, the Council must elect a president from its membership. The president presides in the absence of the Mayor and acts as Mayor when the Mayor is unable to perform duties.

Section 18. Vote Required.

Except as this Charter prescribes otherwise, the express concurrence of a majority of the Council present and constituting a quorum is necessary to decide affirmatively a question before the Council.

Section 19. Vacancies: Occurrence.

The office of Mayor or the office of a member of the Council becomes vacant:

(1) Upon the incumbent’s:

(a) Death

(b) Adjudicated incompetence

(c) Recall from the office

(d) President of Council leaving a Councilor position to fill vacancy in the Mayor’s position.

(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 ten 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 as a felony; or a misdemeanor involving theft, misappropriation of public property, official misconduct or interference with governmental administration or similar abuses of public trust and interference in governmental administration.

(f) Resignation from the office.

Section 20. Vacancies: Filling.

(1) 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 members inability to serve on the Council or during a member’s absence from the City, a majority of the other Council members may by appointment fill the vacancy pro-tem.

(2) A vacancy in the office of Mayor shall be filled by the Council President for the remainder of the vacated term.

(3) A vacancy in the position of the Council President shall be filled by Council appointment of a Council President at the next Council meeting.

Chapter V

Section 21. Mayor

(1) The Mayor, with concurrence of Council, shall appoint:

(a) Members of committees established by Council rules.

(b) Other persons required by the Council to be so appointed.

(2) The Mayor shall have no veto power and shall sign all ordinances passed by the Council within three (3) days after their passage.

Section 22. City Recorder

The City Recorder shall serve, ex officio, as clerk of the Council, attend all its meetings, unless excused there from by the Council, keep an accurate record of its proceedings in a book provided for the purpose and sign all orders on the treasury of the City. The City Recorder shall designate a Clerk of the Councilor pro-tem to serve in the absence of the recorder and to have all the authority and duties of the recorder while acting in that capacity.

Section 23. 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 Culver, Jefferson 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, for enforcing 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.

Chapter VI

Section 24. State Law.

Except as this Charter or a City ordinance prescribed to the contrary, a City election shall conform to State law applicable to the election.

Section 25. Qualifications.

(1) An elective City officer shall be a qualified elector under the State Constitution and shall have resided in the City during the 12 months immediately before being elected or appointed to the office. In this subsection “City” means area inside the City limits at the time of the election or appointment

(2) No person may 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 so may be decided by the municipal court or in some other manner, whichever the Council prescribes.

(4) Except as subsection (3) of this section provides to the contrary, the Council is the final judge of the election and qualifications of its members.

(5) The qualifications of appointive officers of the City are whatever the Council prescribes or authorizes.

Section 26. Nominations.

A person may be nominated in a manner prescribed by general ordinance to run for an elective office of the City.

Section 27. Oath of Office.

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 and the Charter and Ordinances and Laws of the City of Culver.

Chapter VII

Section 28. Ordaining Clause.

The ordaining clause of an ordinance shall be “THE CITY OF CULVER ORDAINS AS FOLLOWS:”

Section 29. Adoption by Council.

(1) Except as subsection (2) of this section allows adoption 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 meeting on two different days before being adopted by the Council.

(2) Except as subsection (3) of this section allows reading title only, the Council may adopt an ordinance at a single meeting by the express unanimous votes 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 the availability is given by written notice posted at the City Hall and two other public places 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 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 Council members shall be entered in the record of Council proceedings.

(6) After 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 30. Ordinance Effective Date.

A non-emergency ordinance takes effect on the thirtieth day after its adoption or on a later day the ordinance prescribe. An ordinance adopted to meet an emergency may take effect as soon as possible.

Chapter VIII

Section 31. 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 laws. 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 remonstrance by owners of land to be specially assessed for the improvement. The number of owners necessary to suspend the action is 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 32. 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.

Chapter IX

Section 33. Annexation Requiring Vote of Electorate.

Unless mandated by State law, any annexation delayed or otherwise to the City of Culver may only be approved by a prior majority vote among the electorate.

Section 34. 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 35. Continuation of Ordinances.

Insofar as 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 36. Repeal.

All Charter provisions adopted before this Charter takes effect are hereby repealed.

Section 37. 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 38. Time of Effect.

This Charter takes effect 30 days after passage by the voters.

Adopted by the people in regular election held ______________, 2008.





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