CITY OF FAIRVIEW CHARTER

CONTENTS

Chapter I
Names and Boundaries

Section 1.    Title of Enactment.

Section 2.    Name of City.

Section 3.    Boundaries.

Chapter II
Powers

Section 4.    Powers of the City.

Section 5.    Construction of Powers.

Section 6.    Distribution of Powers.

Chapter III
Form of Government

Section 7.    Council.

Section 8.    Councilors.

Section 9.    Mayor.

Section 10.    Terms of Office.

Section 11.    Appointive Officers.

Chapter IV
Council

Section 12.    Rules.

Section 13.    Meetings.

Section 14.    Quorum.

Section 15.    Record of Proceedings.

Section 16.    Meetings to be Public.

Section 17.    Mayor’s Functions at Council Meeting.

Section 18.    President of the Council.

Section 19.    Vote Required.

Section 20.    Vacancies: Occurrence.

Section 21.    Vacancies: Filling.

Chapter V
Powers and Duties of Officers

Section 22.    Mayor.

Section 23.    City Administrator.

Section 24.    City Recorder.

Section 25.    Municipal Court and Judge.

Chapter VI
Elections

Section 26.    Regulation of Elections.

Section 27.    Tie Votes.

Section 28.    Commencement of Terms of Office.

Section 29.    Oath of Office.

Section 30.    Nominations.

Chapter VII
Ordinances

Section 31.    Enacting Clause.

Section 32.    Adoption by Council.

Section 33.    Effective Date.

Chapter VIII
Public Improvements

Section 34.    Condemnation.

Section 35.    Improvements.

Section 36.    Special Assessments.

Chapter IX
Miscellaneous Provisions

Section 37.    Debt.

Section 38.    Continuation of Ordinances.

Section 39.    Repeal.

Section 40.    Severability.

Section 41.    Time of Effect.

To provide for the government of the City of Fairview, Multnomah County, Oregon; and to repeal all Charter provisions of the City enacted prior to the time that this Charter takes effect, except those set forth in Section 40.

Be it enacted by the people of the City of Fairview, Multnomah County, Oregon:

CHAPTER I
NAMES AND BOUNDARIES

Section 1. Title of Enactment.

This enactment may be referred to as the City of Fairview Charter of 1992.

Section 2. Name of City.

The City of Fairview, Multnomah County, Oregon shall continue to be a municipal corporation with the name: CITY OF FAIRVIEW.

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 that the constitutions, 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 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. The 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 or 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 six Councilors nominated and elected from the City at large.

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, each for a four-year term.

Section 9. Mayor.

The term of office of the Mayor in office when this Charter is adopted is the term of office for which the Mayor has been elected before adoption of the Charter (or is elected at the time of the adoption). Thereafter, a Mayor shall be elected every four years.

Section 10. Terms of Office.

The term of office of an elected official 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 and is sworn in.

Section 11. Appointive Officers.

Additional Officers of the City shall be a City Administrator, City Attorney, and such other Officers as the Council deems necessary. Each of these Officers shall be nominated by the Mayor and appointed and removed by the vote of a minimum of four Council members. The Council may designate any appointive Officer to supervise or train any other appointive Officer except for the Municipal Court Judge serving in such capacity. (Amended by 9/17/02 special election)

CHAPTER IV
COUNCIL

Section 12. Rules.

The Council shall, by ordinance, prescribe rules to govern its meetings and proceedings, provided that such rules shall require that the vote of each member on any issue or matter voted on by the Council be entered into the Council minutes. (Amended by 11/6/12 general election, effective 1/1/13)

Section 13. Meetings.

The Council shall meet in the City regularly at least once a month at a time and place designated by Council’s rules, and may meet at other times in accordance with the rules. Special meetings may be called by the Mayor or by request of three members of the Council.

Section 14. Quorum.

A majority of the entire Council constitutes a quorum for its business, but a smaller number of the Council may meet and compel attendance of absent Councilors as prescribed by Council rules.

Section 15. Record of Proceedings.

Council shall cause a record of its proceedings to be kept in the manner provided by state law.

Section 16. Meetings to be Public.

All deliberations and proceedings of the Council shall be public except as otherwise authorized by state law.

Section 17. Mayor’s Functions at Council Meeting.

The Mayor shall preside over Council deliberations and shall have a vote on all questions before the Council. The Mayor shall preserve order, enforce the rules of the Council, and determine the order of business under the rules of the Council. The Mayor shall be the Executive Officer of the City.

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 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 the office, the president shall act as Mayor.

Section 19. Vote Required.

Except as this Charter otherwise provides, the concurrence of a majority of members of the Council shall decide any questions before it. No Council member present at a Council meeting shall abstain from voting without first stating specific reasons at the meeting.

Section 20. Vacancies: Occurrence.

An office shall become vacant:

A.    Upon the incumbent’s:

(1)    Death,

(2)    Adjudicated incompetence, or

(3)    Recall from the office, or

B.    Upon declaration by the Council of the vacancy in case of the incumbent’s:

(1)    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.

(2)    Absence from the City for 30 continuous days or from all meetings of the Council within a 60-day period, without the Council’s consent.

(3)    Ceasing to reside in the City.

(4)    Ceasing to be a qualified elector under state law.

(5)    Conviction of a felony or a crime involving moral turpitude.

(6)    Resignation from the office.

Section 21. Vacancies: Filling.

Vacancies in elective offices of the City shall be filled by appointment by a majority of the remaining council members. The appointee’s term of office shall begin immediately upon appointment and qualification and shall continue until the first council meeting of the year immediately after the next general election; and if the term of office does not then expire, the remainder of the term shall be filled by election at such general election. During the temporary disability of any elected official or during his or her absence temporarily from the City for any cause, the office may be filled pro-tem in the manner provided for filling vacancies in office permanently. (Amended by 11/6/12 general election, effective 1/1/13)

CHAPTER V
POWERS AND DUTIES OF OFFICERS

Section 22. Mayor.

The Mayor shall appoint the Council Committees provided by the rules of the Council; sign all records of proceedings approved by the Council; shall have no veto power; sign all ordinances passed by the Council within three days after their passage; and, after the Council approves a bond of a City Officer or a bond for a license, contract or proposal, shall endorse the bond.

Section 23. City Administrator.

The City Administrator shall perform day to day management responsibilities as specified by ordinance or other Council directive and shall serve as the administrative head of the City government.

Section 24. City Recorder.

The Recorder shall be ex officio secretary of the Council, attend all of the meetings of the Council unless excused and keep an accurate record of its proceedings. The Recorder shall authenticate by signature all ordinances, resolutions and minutes of the Council and be custodian of City records.

Section 25. Municipal Court & Judge.

A.    The Council may create the office of Municipal Judge and fill it by appointment. Appointment and removal shall be by majority of full Council. The appointee shall hold at the pleasure of Council, within the City at a place and times that the Council specifies, a Court known as the Municipal Court for the City of Fairview, Multnomah County, Oregon.

B.    Except as this Charter, City ordinance or state law prescribes, proceedings of the Court shall conform to general laws of this state governing Justices of the Peace and Justice Courts.

C.    All area within the City and outside of the City as provided by state law, is within the territorial jurisdiction of the Court.

D.    The Municipal Court has original jurisdiction over every offense that City ordinance makes punishable and of all actions brought to recover or enforce forfeitures or the penalties that such ordinances define or prescribe.

E.    The Municipal Judge has authority to:

(1)    Render judgments and, for enforcing them, impose sanctions on persons and property within the Court’s territorial jurisdiction;

(2)    Issue process for the arrest of anyone accused of an offense against the ordinances of the City;

(3)    Commit to jail or admit to bail anyone accused of such an offense, pending trial or hearing,

(4)    Issue and compel obedience to subpoenas’ of the court;

(5)    Compel witnesses to appear and testify and jurors to serve in the trial of matters before the Court;

(6)    Penalize and punish witnesses and others for contempt of the Court;

(7)    Issue process necessary to effectuate judgments and orders of the Court;

(8)    Issue search warrants; and

(9)    Perform other judicial and quasi-judicial functions prescribed by ordinance or appropriate state statutes unless otherwise limited by law.

F.    The Council may authorize the Municipal Judge to appoint Municipal Judges pro tem for terms of office set by the Council.

G.    Notwithstanding this section, the Council may by Ordinance transfer some or all of the functions of the Municipal Court to an appropriate state Court.

H.    The City Council may by Ordinance adopt procedures for the operation of the Municipal Court including the right to trial by jury when appropriate.

CHAPTER VI
ELECTIONS

Section 26. Regulation of Elections.

Regular City elections shall be held at the same time and place as general state elections in accordance with applicable state election laws.

Section 27. 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 as determined by the Council.

Section 28. Commencement of Terms of Office.

The term of office of a person elected at a regular City election shall commence the first Council meeting of the new year immediately following the election.

Section 29. Oath of Office.

Before entering upon the duties of office, each Officer shall take an oath, or shall affirm to support the constitutions and laws of the United States, the State of Oregon, the Charter and ordinances of the City, and to faithfully perform the duties of their office.

Section 30. Nominations.

A qualified elector shall have resided in the City during the 12 months immediately preceding a City election to be nominated for an elective City position. Nomination petitions shall be in the form and filed in the manner and within the time prescribed by ordinance and state law signed by not fewer than 25 electors. A fee of $25 may be substituted for the electors signatures. The City Recorder shall make a record of the exact time in which each petition is filed together with the name and address by whom it is filed. A City employee shall not be eligible to serve on the City Council. (Amended by 5/20/97 special election)

CHAPTER VII
ORDINANCES

Section 31. Enacting Clause.

The enacting clause of an ordinance shall be “The City of Fairview ordains as follows:”

Section 32. Adoption by Council.

A.    All Ordinances shall be read by title or in full prior to enactment by the Council. An Ordinance may be read by title only if at least three days before the reading a copy of the Ordinance was provided to each Council member and a copy of the Ordinance was available for public inspection in the office of the custodian of City records.

B.    Except as authorized in subsection C, enactment of an Ordinance requires approval by a majority of the Council on a different day from the day the Ordinance is read by title or in full as required by subsection A.

C.    An Ordinance may be enacted on the same day and at the same meeting it is read by title or in full as required by subsection A if the Ordinance is approved by the unanimous vote of all Council members voting when a quorum is present.

D.    Any substantive amendment to a proposed Ordinance made between the reading required by subsection A and any approval under subsections B or C must be read aloud or made available in writing to the public before the Council enacts the Ordinance.

E.    The Council shall establish in its rules procedures to permit public comment before it enacts any Ordinance.

F.    After the adoption of an Ordinance, the vote of each member must be entered into the Council minutes.

G.    After adoption of an Ordinance, the recorder of City Records shall sign and endorse it with its date of adoption and the endorser’s name and title of office. The Ordinance shall also be signed by the Mayor who must do so within three (3) days of its adoption by Council. (Amended by 11/6/12 general election, effective 1/1/13)

Section 33. Effective Date.

An Ordinance takes effect on the thirtieth day after its adoption or on such date that the Ordinance prescribes. An Ordinance adopted to meet an emergency may take effect as soon as adopted.

CHAPTER VIII
PUBLIC IMPROVEMENTS

Section 34. Condemnation.

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

Section 35. Improvements.

The procedure for making, altering, vacating, or abandoning a public improvement shall be governed by general ordinance to the extent not so governed by applicable state law. Action on any proposed public improvement shall be suspended for six months upon a remonstrance against the City’s proposed action by 60% of the number of owners and owners of 60% of the acreage of land to be specially assessed unless the improvement shall benefit the City as a whole or an emergency regarding the necessity for such shall exist and be so declared by the Council. 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 36. 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.

CHAPTER IX
MISCELLANEOUS PROVISIONS

Section 37. Debt.

The City’s indebtedness may not exceed debt limits imposed by state law. A City official 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 38. Continuation of Ordinances.

All Ordinances in force and consistent with this Charter when it takes effect shall remain in effect until amended or repealed.

Section 39. Repeal.

All Charter provisions of the City enacted prior to the time this Charter takes effect are hereby repealed unless included herein; provided, however, those amendments to the City of Fairview Charter of 1957 relating to authorized bonded indebtedness as approved by the City’s electorate as Chapters XIV, XV, XVI, XVII, XVIII and XIX, shall continue and remain in full force and effect stated as follows:

Chapter XIV: “BONDED INDEBTEDNESS AUTHORIZED FOR WATER FACILITIES: The City of Fairview, Multnomah County, Oregon, shall issue and sell its general obligation bonds in the sum of Two-Hundred Seventy-Five-Thousand ($275,000.00) dollars for the purpose of providing funds with which to construct and equip, either within or without the statutory or corporate limits of said City, in whole or in part, an extension to, replacement of, and enlargement of the present water storage, supply and service facilities of the City of Fairview, including a new or enlarged water storage reservoir and pumping facilities, and new, replaced or enlarged mains and distribution facilities where required, with all appurtenances necessary, useful or convenient for the operation of the Fairview water system, in-

cluding the acquisition of right-of-ways, payments of engineering, legal and administrative costs.”

Chapter XV: “EXCEEDING DEBT LIMITATION: The indebtedness hereby authorized shall exceed any debt limitations prescribed by the Charter of the City of Fairview of 1957 or other limitations thereon.”

Chapter XVI: “AUTHORIZING COMMON COUNCIL TO LEVY SPECIAL TAX ANNUALLY FOR PAYMENT OF PRINCIPAL AND INTEREST OF BONDS SET FORTH IN CHAPTER XIV: The Common Council of the City of Fairview is hereby authorized to levy a special tax annually in an amount sufficient to pay principal and interest of bonds as they mature and authorizing said Council, in its judgment, to apply net revenues, or any part thereof, received from the City water system to pay principal and interest, or any portion thereof, of said bonds as they mature.”

Chapter XVII: “BONDED INDEBTEDNESS AUTHORIZED FOR SANITARY SEWERS AND SEWAGE TREATMENT: The City of Fairview, Multnomah County, Oregon, shall issue and sell its general obligation bonds in the sum of six hundred fifty thousand dollars $(650,000.00) for the purpose of providing funds with which to acquire, construct and equip, either within or without the statutory or corporate limits of said City, in whole or in part, sewers, sewer system, interceptor sewers, out fall sewers, force mains, pumping stations, ejector stations, and general extension to the City’s present sewage collection system and all appurtenances necessary, useful or convenient for the treatment and disposal of sewage and including the acquisition of right-of-ways, payment of engineering, legal and administrative costs including the purchase from the City of Gresham, of additional sewage treatment capacity.”

Chapter XVIII: “EXCEEDING DEBT LIMITATION: The indebtedness hereby authorized shall exceed any debt limitations prescribed by the Charter of the City of Fairview or other limitations thereon and shall also be authorized to exceed any general or specific debt limitation adopted by the voters of the State of Oregon which may appear on ballot and at election held simultaneously with this special election on November 6, 1984 and approval of this authorization by the legal voters of the City of Fairview shall be taken to except this authorized bonded indebtedness from such limitations otherwise imposed by such proposal if so approved.”

Chapter XIX. “AUTHORIZING COMMON COUNCIL TO LEVY SPECIAL TAX ANNUALLY FOR PAYMENT OF PRINCIPAL AND INTEREST OF BONDS SET FORTH IN CHAPTER XVII: The Common Council of the City of Fairview is hereby authorized to levy a special tax annually in an amount sufficient to pay principal and interest of such bonds as they mature and such authorization here given by the legal voters of Fairview shall be taken to provide such authority regardless of whether any tax limitation measure is approved by the voters of the State of Oregon at general state election held simultaneously with this special City election, in spite of any language therein to the contrary. The Common Council shall also be authorized to apply sewer service revenues to pay said bond principal and interest.”

Section 40. Severability.

The terms of this Charter are severable. If any part of the Charter is held invalid, that invalidity does not affect any other part of the Charter.

Section 41. Time of Effect.

This Charter takes effect July 15, 1994.