ROGUE RIVER CHARTER

To provide for the government of the City of Rogue River, Jackson 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 Rogue River, Jackson County, Oregon:

CHAPTER I. NAME AND BOUNDARIES

SECTION 1 TITLE OF ENACTMENT.

This enactment may be referred to as the City of Rogue River Charter of 1982.

SECTION 2 NAME OF CITY.

The municipality of the City of Rogue River, Jackson County, Oregon, shall continue to be a municipal corporation with the name “City of Rogue River.”

SECTION 3 BOUNDARIES.

The City shall include all territory encompassed by its boundaries as they now exist or as modified as provided herein. Unless otherwise mandated by State law, all annexations, by whatever means, to the City of Rogue River must be approved by a prior majority vote of the electors of the City. The City Administrator or their designee shall keep in his/her office at the City Hall at least two copies of this Charter in each of which he/she 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 City Administrator or their designee. (Amended by Resolution No. 14-1264-R passed 7-24-14 and the voters 11-4-14; amended by the voters 11-5-96)

CHAPTER II. POWERS

SECTION 4 POWERS OF THE CITY.

The City shall have all powers which the constitution, statutes, or 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 POWERS.

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 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 City Council.

SECTION 7 COUNCIL.

The City Council shall be composed of six (6) City Council members elected in the City at large. Candidates receiving the greatest number of votes shall be elected to the Council seats subject to the election. The City Council seat(s) to be filled at any election shall be filled by the candidates(s) receiving the greatest number of votes. A candidate is eligible for any seat to be filled at the election.

A City Council member whose term began before 1998 shall serve out that term in the position designated; therefore said position shall be designated to be “at large.” (Section 7 amended by Ordinance No. 98-282A-O, passed 8-27-98, and the voters on 11-3-98.)

SECTION 8 COUNCIL MEMBERS.

The term of office of each City Council member in office when this Charter is adopted shall continue for the term for which each was elected. At each subsequent biennial general election, three (3) City Council members shall be elected each for a term of four (4) years and at each biennial general election the number of City Council members to be elected to fill vacancies pursuant to Section 29 of this Charter shall be elected. No person shall serve more than two (2) terms as City Council member, except that after two (2) terms, a Councilor shall sit out one (1) biennial general election cycle and then may be elected or appointed to serve additional terms. No person shall hold elective office for more than twelve (12) consecutive years. Time served in office by appointment, less than a full term, shall not apply toward the twelve (12) year limitation. (Amended by Resolution No. 14-1264-R passed 7-24-14 and the voters 11-4-14; amended by Resolution No. 96-863-R passed 3-14-96 and the voters 5-21-96)

SECTION 9 MAYOR.

At each biennial general election a Mayor shall be elected for a term of two (2) years. No person shall serve more than two (2) terms as Mayor, except that after two (2) terms, a Mayor shall sit out one (1) biennial general election cycle and then may be elected or appointed to serve additional terms. No person shall hold elective office for more than twelve (12) consecutive years. Time served in any elective City office at any time shall apply toward the twelve (12) year limitation. Time served in office by appointment, less than a full term, shall not apply toward the twelve (12) year limitation. (Amended by Resolution No. 14-1264-R passed 7-24-14 and the voters 11-4-14; Amended by Resolution No. 96-863-R passed 3-14-96 and the voters 5-21-96)

SECTION 10 OTHER OFFICERS.

Additional officers of the City shall be a Municipal Judge, a City Administrator, and such other officers as the City Council deems necessary. Each of these officers shall be appointed and may be removed by the Mayor with the consent of the City Council. The City Council may combine any two (2+) or more appointive City offices. The City Council may designate any appointive officer to supervise any other appointive officer except the Municipal Judge in the exercise of his/her judicial functions. (Amended by Resolution No. 14-1264-R passed 7-24-14 and the voters 11-4-14)

SECTION 11 SALARIES.

The compensation for the services of each City officer and employee shall be the amount fixed by the City Council.

SECTION 12 QUALIFICATIONS OF OFFICERS.

No person shall be eligible for an elective office of the City unless at the time of election this person is a qualified elector within the meaning of the state constitution and has resided in the City during the twelve (12) months immediately preceding the election. The City Council shall be final Judge of the qualifications and election of its own members.

CHAPTER IV. COUNCIL

SECTION 13 MEETINGS.

The City 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.

SECTION 14 QUORUM.

A majority of the incumbent members of the City 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 City Council shall cause a record of its proceedings to be kept.

SECTION 16 PROCEEDINGS TO BE PUBLIC.

No action by the City 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 City Council and preside over its deliberations. He/she shall cast a vote only in case of a tie. He/she shall have authority to preserve order, enforce the rules of the City Council, and determine the order of business under the rules of the City Council.

SECTION 18 MAYOR PRO TEM.

At its first meeting after this Charter takes effect and thereafter at its first meeting of each odd-numbered year, the City Council shall elect a Mayor Pro tem from its membership. In the Mayor’s absence from a City Council meeting, the Mayor Pro tem shall preside over it. Whenever the Mayor is unable to perform the functions of his/her office, the Mayor Pro tem shall act as Mayor.

SECTION 19 VOTE REQUIRED.

Except as this Charter otherwise provides, the concurrence of a majority of a quorum present at a City Council meeting shall be necessary to decide any question before the City Council.

CHAPTER V. POWERS AND DUTIES OF OFFICERS

SECTION 20 MAYOR.

The Mayor shall appoint the committees provided by the rules of the City Council. He/she shall sign all records of proceedings approved by the City Council. He/she shall have no veto power and shall sign all Ordinances passed by the City Council within three (3) days after their passage. After the City 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/she shall hold within the City a court known as the Municipal Court for the City of Rogue River, Jackson County, Oregon. The Municipal Court shall be open for the transaction of judicial business at times specified by the City 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 offenses defined or authorized by Ordinances of the City. He/she 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/her to bail pending trial, to issue subpoenas, to compel witnesses to appear and testify in Court on the trial of any cause before him/her, 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.

Notwithstanding this section or Section 10 of this Charter, the City Council may provide for the transfer of powers and duties of the Municipal Court to the appropriate Court of the State of Oregon.

SECTION 22 CITY ADMINISTRATOR.

(1) The office of City Administrator is established as the administrative head of the city government. The City Administrator is responsible to the mayor and council for the proper administration of all city business. The City Administrator will assist the Mayor and Council in the development of city policies, and carry out policies established by ordinances and resolutions.

(2) A majority of the council must appoint and may remove the City Administrator. The appointment must be made without regard to political considerations and solely on the basis of education and experience in competencies and practices of local government management.

(3) The City Administrator need not reside in the city but must live within a distance that would allow him/her to respond to the City within 30-minutes in the event of an emergency.

(4) The City Administrator may be appointed for a definite or an indefinite term, and may be removed at any time by a majority of the council. The Council must fill the office by appointment as soon as practicable after the vacancy occurs.

(5) The City Administrator must:

(a) Attend all council meetings unless excused by the Mayor or Council;

(b) Make reports and recommendations to the Mayor and Council about the needs of the city;

(c) Administer and enforce all city ordinances, resolutions, franchises, leases, contracts, permits;

(d) Appoint, supervise and remove city employees;

(e) Organize city departments and administrative structure;

(f) Prepare and administer the annual city budget;

(g) Administer city utilities and property;

(h) Encourage and support regional and intergovernmental cooperation;

(i) Promote cooperation among the Council, staff and citizens in developing city policies, and building a sense of community;

(j) Perform other duties as directed by the council;

(k) Delegate duties, but remain responsible for acts of all subordinates, and other city decisions;

(l) Sign all orders on the Treasury.

(6) The City Administrator has no authority over the Council or over the judicial functions of the Municipal Judge.

(7) The City Administrator and other employees designated by the Council may sit at council meetings but have no vote. The City Administrator may take part in all Council discussions.

(8) When the City Administrator is temporarily disabled from acting as City Administrator or when the office of City Administrator becomes vacant, the Council must appoint a City Administrator Pro-tem. The City Administrator Pro-tem has the authority and duties of City Administrator, except that a Pro-tem City Administrator may appoint or remove employees only with Council approval.

(9) No Council member may directly or indirectly attempt to coerce the City Administrator or a candidate for the office of City Administrator in the appointment or removal of any city employee, or in administrative decisions regarding city property or contracts. Violation of this prohibition is grounds for removal from office by a majority of the Council after a public hearing. In council meetings, Councilors may discuss or suggest anything with the administrator relating to city business. (Amended by Resolution No. 14-1264-R passed 7-24-14 and the voters 11-4-14)

CHAPTER VI. ELECTIONS

SECTION 23 REGULATION OF ELECTIONS.

Except as this Charter provides otherwise and as the City 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 24 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 City Council.

SECTION 25 COMMENCEMENT OF TERMS OF OFFICE.

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

SECTION 26 OATH OF OFFICE.

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

SECTION 27 NOMINATIONS.

A qualified elector who has resided in the City during the twelve (12) months immediately preceding an election may be nominated for an elective City office to be filled at the election. The nomination shall be by a petition that specifies the office sought and shall be in a form prescribed by the City Council. The petition shall be signed by not fewer than twenty (20) electors. No elector shall sign more than one petition for each office to be filled at the election. If he/she does so, his/her signature shall be valid only on the first sufficient petition filed for the office. The signatures to a nomination petition need not all be appended to one paper, but to each separate paper of the petition shall be attached an affidavit of the circulator thereof, indicating the number of signers of the paper and stating that each signature appended thereto was made in his/her presence and is the genuine signature of the person whose name it purports to be. Opposite each signature shall be stated the signer’s place of residence, identified by its street and number or other sufficient designation. All nomination papers comprising a petition shall be assembled and filed with the City Administrator or their designee as one instrument not earlier than one-hundred-twenty (120) nor later than ninety (90) days before the election or as required by state and county laws or regulations. The City Administrator or their designee shall make a record of the exact time at which each petition is filed and shall take and preserve the name and address of the person by whom it is filed. If the petition is not signed by the required number of qualified electors, the City Administrator or their designee shall notify the candidate and the person who filed the petition within ten (10) days after the filing. If the petition is insufficient in any other particular, the City Administrator or their designee shall return it immediately to the person who filed it, certifying in writing wherein the petition is insufficient. The deficient petition may be amended and filed again as a new petition, or a substitute petition for the same candidate may be filed, within the regular time for filing nomination petitions. The City Administrator or their designee shall notify an eligible person of his/her nomination, and that person shall file with the City Administrator or their designee his/her written acceptance of nomination, in such form as the City Council may require, within five (5) days of notification of nomination. Upon receipt of the acceptance of nomination, the City Administrator or their designee shall cause the nominee’s name to be printed on the ballots. The petition of nomination for a successful candidate at an election shall be preserved in the office of the City Administrator or their designee until the term of office for which the candidate is elected expires. (Amended by Resolution No. 14-1264-R passed 7-24-14 and the voters 11-4-14)

CHAPTER VII. VACANCIES IN OFFICE

SECTION 28 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/her office, or unlawful destruction of public records; resignation, recall from office; removal of residency from the City; or ceasing to possess the qualifications for the office; upon the failure of the person elected or appointed to the office to qualify therefor within ten (10) days after the time for his/her term of office to commence; or in the case of a Mayor or City Council member, upon his/her absence from the City for thirty (30) days without the consent of the City Council or upon his/her absence from meetings of the City Council for sixty (60) days without like consent, and upon a declaration by the City Council of the vacancy.

SECTION 29 FILLING OF VACANCIES.

Vacant elective offices in the City shall be filled by appointment by the Mayor and approved by a majority of the incumbent City Council members. The appointee’s term shall begin immediately upon his/her appointment and shall continue until the beginning of the year following the next general biennial election and until his/her successor is qualified, and his/her successor for the unexpired term shall be chosen at the next general biennial election after said appointment. During the temporary disability of any officer or during his/her absence temporarily from the City for any cause, his/her office may be filled Pro tem in the manner provided for filling vacancies in office permanently.

CHAPTER VIII. ORDINANCES

SECTION 30 ENACTING CLAUSE.

The enacting clause of all Ordinances hereafter enacted shall be, “The City of Rogue River ordains as follows:”

SECTION 31 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 City Council meeting on two (2) 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 City Council by unanimous vote of all City 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 City 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 City Council member and three (3) copies are provided for public inspection in the office of the City Administrator or their designee not later than one (1) 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 (2) 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 City Council meeting as finally amended prior to being approved by the City Council.

(4) Upon the 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 City Administrator or their designee shall sign it with the date of its passage and his/her name and title of office, and within three (3) days thereafter the Mayor shall sign it with the date of his/her signature, his/her name and the title of his/her office. (Amended by Resolution No. 14-1264-R passed 7-24-14 and the voters 11-4-14)

SECTION 32 WHEN ORDINANCES TAKE EFFECT.

An Ordinance enacted by the City Council shall take effect on the thirtieth day after its enactment. When the City 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 33 CONDEMNATION.

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

SECTION 34 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 City Council to be needed at once because of an emergency, shall be suspended for six (6) 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 City Administrator or their designee in writing by the record holder of legal title to the land, the purchaser shall be deemed the “owner.” (Amended by Resolution No. 14-1264-R passed 7-24-14 and the voters 11-4-14)

SECTION 35 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 36 CONTRACTS.

All contracts shall be in accord with State Contract Review Board laws and rules or as established by the City Council.

CHAPTER X. MISCELLANEOUS PROVISIONS

SECTION 37 UTILITY FUNDS.

Funds and assessments deposited into the water and sewer funds shall be used exclusively for the respective departments.

SECTION 38 DEBT LIMIT.

Except by consent of the voters, the City’s voluntary floating indebtedness shall be in accordance with state law. 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 this limitation shall be jointly and severally liable for the excess.

SECTION 39 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 40 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 41 TIME OF EFFECT OF CHARTER.

This Charter shall take effect, if approved by the voters, five (5) days following the official canvass of votes cast at the November 2, 1982, election.

SECTION 42 PROCEDURE FOR AMENDMENT.

Amendments to this charter may be proposed by the City Council by Resolution duly adopted at any regular meeting of the City Council, and when so adopted, the same shall be submitted to a vote of the legal voters of the City upon the date of any general election in the State of Oregon, which may be held after giving notice as provided in this Charter.

This Charter may also be amended by proposal therefore under the initiative provisions of Oregon statutes by a petition duly signed by the appropriate number of qualified electors.