I    Name and Boundaries

II    Powers

III    Form of Government

IV    Council

V    Powers and Duties of Officers

VI    Elections

VII    Vacancies in Office

VIII    Ordinances

IX    Public Improvements

X    Miscellaneous Provisions


To provide for the government of the city of Silverton, Marion 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 Silverton, Marion County, Oregon:



1.    Title of Enactment.

2.    Name of City.

3.    Boundaries.

Section 1. Title of Enactment.

This enactment may be referred to as the City of Silverton Charter of 1985.

Section 2. Name of City.

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

Section 3. Boundaries.

The city shall include all territory encompassed by its boundaries as they now exist or hereafter are modified pursuant to law. The city recorder shall keep an accurate, up-to-date description of the boundaries and make copies of this Charter and the boundary descriptions available for public inspection. The copies and descriptions shall be available for public inspection during regular office hours.



4.    Powers of the City.

5.    Construction of Powers.

Section 4. Powers of the City.

The city has all powers which the Constitutions, 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 Powers.

In this Charter no mention of a particular power is exclusive or restricts the scope of the powers which the city would have if the particular power were not mentioned. The Charter shall be liberally construed, so that, within the limits imposed by the Charter or the Constitution or laws of the United States or the State of Oregon, the city has all powers necessary or convenient for conducting its affairs, including all powers that cities may now or hereafter assume under the home rule provisions of the Constitution and laws of Oregon. The powers are continuing powers.



6.    Where Powers Vested.

7.    Council.

8.    Councilmembers.

9.    Mayor.

10.    Appointive Officers.

11.    Salaries.

12.    Qualifications of Elected Officers.

Section 6. Where Powers Vested.

Except as this Charter provides otherwise, all powers of the city are vested in the council.

Section 7. Council.

The council shall consist of a mayor and six (6) councilmembers elected from the city at large.

Section 8. Councilmembers.

The term of office of each councilmember 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) councilmembers shall be elected, each for a term of four (4) years.

Section 9. Mayor.

The present mayor shall serve the remainder of his term and at the general election of the year 1986, and every two years thereafter, a mayor shall be elected for a term of two years.

Section 10. Appointive Officers.

Additional officers of the city are a city manager/recorder and a municipal judge, each of whom the council shall appoint and may remove by majority vote of all members of the council. The municipal judge shall not be subject in judicial functions to supervision by any other officer.

Section 11. Salaries.

The council shall fix the amount of compensation for city officers and shall approve a compensation plan for city employees.

Section 12. Qualifications of Elected 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. No person may be a candidate for the offices of mayor and councilmember at the same election. The council shall be final judge of the qualifications and election of its own members.



13.    Meetings.

14.    Quorum.

15.    Record of Proceedings.

16.    Proceedings to be Public.

17.    Mayor’s Function at Council Meetings.

18.    President of the Council.

19.    Vote Required.

Section 13. Meetings.

The council shall hold a regular meeting at least once each month in the city at a time and 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 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. Except where exempted by state law, the council record of proceedings shall be public and available for inspection during business hours.

Section 16. Proceedings to be Public.

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

Section 17. Mayor’s Function at Council Meetings.

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.

Section 18. President of the Council.

At the 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. Whenever the council determines that the mayor is unable to perform the functions of the office, the president shall act as mayor. A president of the council shall cast only one (1) vote on an issue before the council.

Section 19. Vote Required.

Except as this Charter otherwise provides, the concurrence of a majority of members of the council voting when a quorum of the council is present shall decide any question before it. No councilmember present at a council meeting shall abstain from voting without first stating reasons in detail at the meeting.



20.    Mayor.

21.    Municipal Judge.

22.    City Manager.

23.    City Manager Vacancy.

24.    Powers and Duties of the City Manager.

25.    City Manager — Seat at Meetings.

26.    Interference in Administration and Elections.

Section 20. Mayor.

The mayor shall appoint the council committees provided by the Rules of the Council. The mayor shall sign all records of proceedings approved by the council, countersign all orders of the city treasurer and all instruments and writings authorized by this Charter, the laws of the state or the council. The mayor shall have no veto power and shall sign all ordinances passed by the council within three (3) days after their passage.

Section 21. Municipal Judge.

(1) The municipal judge shall be the judicial officer of the city and shall hold within the city a court known as the municipal court for the City of Silverton, Marion 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 or authorized by ordinances of the city.

(2) The municipal judge shall have authority

(a) to issue process for the arrest of any person accused of an offense against the ordinances of the city,

(b) to commit any such person to jail or admit to bail pending trial,

(c) to issue and compel obedience to subpoenas,

(d) to compel witnesses to appear and testify in court on the trial of any cause before the court,

(e) to issue any process necessary to carry into effect the judgements of the court,

(f) to punish witnesses and others for contempt of court, and

(g) to issue search warrants.

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.

(3) Notwithstanding this section or Section 10 of this Charter, the 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 Manager.

(1) The council shall appoint a city manager for an indefinite term who shall hold office at the pleasure of the council and may be removed from office at any time with or without cause by majority vote of the entire council. The manager shall be chosen without regard to political considerations and solely on the basis of executive, educational, and administrative considerations. The manager need not be a resident of the state at the time of appointment, but within one (1) year thereafter, shall become, and remain during tenure, a resident of the city of Silverton. The council may enter into a contract with the manager stating terms and conditions of employment.

(2) Before taking office, the manager shall give a bond in an amount and with such surety as is approved by the council. The premiums on the bond shall be paid by the city.

Section 23. City Manager Vacancy.

(1) When the manager is disabled from acting as manager, or when the office becomes vacant, the council shall appoint a manager pro tem who shall possess the powers and duties of the manager. The manager pro tem may appoint or dismiss a department head or other employee only with the concurrence of four (4) members of the entire council. The manager pro tem shall not hold the position for more than six (6) months.

(2) If a vacancy occurs in the office of the manager, the council at its next meeting shall adopt a resolution of its intent to appoint another manager. Not later than six (6) months after adopting the resolution, the council shall appoint a manager to fill the vacancy.

Section 24. Powers and Duties of the City Manager.

The manager shall be the chief administrative officer. The manager may head one or more departments and shall be responsible to the city council for the proper administration of the city. To that end, the manager shall:

(1) See that all ordinances are enforced;

(2) Appoint all heads of departments and other city employees on the basis of merit and fitness alone and suspend or remove all employees of the city at the manager’s pleasure, except as limited by this Charter and except as the manager may authorize heads of departments to appoint, suspend or remove subordinates in such departments;

(3) Supervise or cause to be supervised any employees and to have general control of any employees to include but not limited to disciplining, assigning duties and accounting for performance;

(4) See that provisions of all franchises, contracts, leases and permits and privileges granted by the city are fully enforced and observed;

(5) Attend all meetings of the council unless excused by the mayor;

(6) Organize, disband, or reorganize departments, reassign employees to perform work in other departments or to work in more than one of said offices or departments provided that no such changes shall affect the powers or duties of any elective officer of the city;

(7) Keep the council advised as to the needs of the city;

(8) Prepare the annual budget;

(9) Prepare and furnish reports as requested by the council;

(10) Supervise the purchase of supplies, equipment and materials for which funds are provided in the budget and execute all contracts;

(11) Control, subject to ordinances as may from time to time be adopted, public utilities owned or operated by the city;

(12) Have general supervision over all city property and its use by the public or city employees;

(13) Devote full-time to the discharge of duties of the office;

(14) At the manager’s discretion, appoint advisory boards as desirable to assist or advise in work, provided no compensation is given to members of the boards;

(15) Perform such other duties as required by this Charter or as the council may require; and

(16) Serve as city recorder.

Section 25. City Manager — Seat at Meetings.

The manager and such other officers or employees of the city as the council designates shall be entitled to seats with the council, but shall have no vote on questions before the council. The manager shall have the right to take part in the discussion of all matters coming before the council.

Section 26. Interference in Administration and Elections.

(1) A member of the council shall not directly or indirectly, by suggestion or otherwise, attempt to influence the manager in making an appointment or in removal of an employee or purchasing supplies, or attempt to exact a promise relative to an appointment from any candidate for manager.

(2) A violation of this section forfeits the office of the offending member of the council, who may be removed by the council or a court of competent jurisdiction. The council may, however, in session, discuss with or suggest to the manager anything pertinent to city affairs or the interests of the city. Further, a councilmember may, at any time, request and receive from the manager or any other city employee information to which a private citizen is entitled.



27.    Regulation of Elections.

28.    Tie Votes.

29.    Commencement of Terms of Office.

30.    Oath of Office.

31.    Nominations.

Section 27. 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 of Oregon shall apply to all city elections.

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 on the first council meeting of the year immediately following the election.

Section 30. 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 and of the State of Oregon and to faithfully perform the duties of office.

Section 31. Nominations.

(1) A qualified elector who will have resided in the city during the 12 months preceding an election may be nominated for an elective city office to be filled at the election.

(2) A nomination may be by a prescribed petition that specifies the office sought. Nomination may also be made by filing a declaration of candidacy accompanied by a filing fee as determined by the council.

(3) The petition shall be signed by not fewer than 20 electors and shall include an affidavit of the circulator thereof, indicating the number of signers of the petition and stating that each signature was made in the presence of the circulator and is the genuine signature of the person whose name it purports to be. Nomination petition signatures shall be certified with the elections clerk of Marion County before the petition is filed with the city recorder.

(4) Upon such certification of the signatures, all nomination papers shall be filed with the city recorder within the time limits as required by state and county election laws and regulations. The recorder 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 insufficient, the city recorder shall notify the person who filed the petition within five (5) days after the filing. 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.

(5) The recorder shall notify an eligible person of a nomination, and that person shall file with the recorder written acceptance of nomination within five (5) days of notification of nomination. Upon receipt of the acceptance of nomination, the recorder shall cause the’ nominee’s name to be printed on the ballot. The petition of nomination or declaration of candidacy for a successful candidate at an election shall be preserved in the office of the recorder until the term of office for which the candidate is elected expires.



32.    What Creates Vacancy.

33.    Filling of Vacancies.

Section 32. What Creates Vacancy.

(1) An office shall be deemed vacant upon:

(a) the incumbent’s death,

(b) adjudicated incompetence,

(c) conviction of a felony,

(d) unlawful destruction of public records,

(e) resignation,

(f) recall from office,

(g) removal of residency from the city,

(h) ceasing to possess the qualifications for the office, or

(i) upon the failure of the person elected or appointed to the office to qualify within ten (10) days after the time for the term of office to commence.

(2) In the case of a mayor or councilmember an office also becomes vacant upon the incumbent’s absence from the city for thirty (30) days without the consent of the council or upon an absence from meetings of the council for sixty (60) days without like consent, and upon a declaration by the council of the vacancy.

Section 33. Filling of Vacancies.

Vacant elective city offices shall be filled by appointment by a majority vote of the remaining members of the council. The appointee’s term of office begins immediately on appointment and continues throughout the unexpired term of the appointee’s predecessor.



34.    Enacting Clause.

35.    Mode of Enactment.

36.    When Ordinances Take Effect.

Section 34. Enacting Clause.

The enacting clause of all ordinances hereafter passed shall be, “The City of Silverton ordains as follows:”.

Section 35. Mode of Enactment.

(1) Except as subsections (2) and (3) provide to the contrary, an ordinance shall, before enactment, be read fully and distinctly in open council meeting on two different days.

(2) Except as subsection (3) allows both readings by title only, an ordinance may be enacted at a single council meeting by unanimous vote of all councilmembers present after being read first in full and then by title.

(3) Any of the readings may be by title only if:

(a) no councilmember present at the meeting requests that the ordinance be read in full, or

(b) a copy of the ordinance is provided for each councilmember, three (3) 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 notice of the availability of copies is given by written posting at city hall or by publication in a newspaper of general circulation in the city not later than one week before the reading.

(4) An ordinance:

(a) enacted after being read by title only, under the provisions of subsection (3), shall have no legal effect if it differs from its terms as filed prior to the 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.

(b) may be amended at the time of enactment if the ordinance as amended deals with the same general subject.

(5) On the final vote on an ordinance, the ayes and nayes of the members of the council shall be taken and entered in the record of proceedings.

(6) On the enactment of an ordinance, the city manager/recorder shall endorse it with the date of enactment. Within three days thereafter, the mayor shall sign the ordinance.

Section 36. When Ordinances Take Effect.

An ordinance enacted by the council shall take effect on the thirtieth (30th) 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.



37.    Condemnation.

38.    Improvements.

39.    Special Assessments.

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.

(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 the applicable state laws. Action on any proposed public improvement, except a water or sewer improvement declared by the council to be needed at once because of an emergency, shall be abandoned and not reinstated for six (6) months upon a remonstance thereto by the owners of land which bears 66.66 percent (66.66%) of the estimated assessed cost of the improvement.

(2) In this section, “owner” shall mean the record holder of legal title, or if land is being purchased under a land sales contract recorded or verified in writing by the record holder of legal title, 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 real property shall be governed by general ordinance.



40.    Debt Limit.

41.    Existing Ordinances Continued.

42.    Repeal of Previously Enacted Provisions.

43.    Procedure for Amendment.

44.    Severability.

45.    Time of Effect of Charter.

Section 40. Debt Limit.

(1) Except by consent of the voters, the city’s 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.

(2) The city council, by resolution, may authorize the issuance and sale of revenue bonds all or a major portion of the proceeds which are to be used directly or indirectly in any trade or business carried on by any private corporation, nonprofit corporation, partnership, limited partnership, individual or entity or combination of the same. The city council, by ordinance, shall adopt standards and procedures by which to determine when such bonds shall be issued and sold hereunder. The bonds shall be secured solely by security financed, provided or arranged by the private entity in whose trade or business the proceeds of such bonds are to be used. No holder or holders of such bonds shall ever have the right to compel any exercise of the taxing power of the city to pay any such bonds or the interest thereon, nor to enforce payment thereof against any money or property of the city, except bond proceeds, real or personal property financed with bond proceeds, and payments made by a private entity in respect of such property. The city council may loan the proceeds of such bonds to such a private entity, and may acquire and dispose of real or personal property financed with bond proceeds by lease, lease purchase, installment sale, or otherwise. The city council may take any other action necessary to effectuate the powers granted herein. The issuance and sale of bonds issued hereunder shall not be subject to referendum.

Section 41. 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 42. Repeal of Previously Enacted Provisions.

(1) All Charter provisions of the city enacted prior to the time that this Charter takes effect are hereby repealed.

(2) The repeal of the 1940 Charter, as amended, does not affect the validity of an outstanding bond issued by the city or impair the obligation of the city under the bond, or the rights of the holders of the bond.

Section 43. Procedure for Amendment.

(1) Amendments to this Charter may be proposed by the city council by resolution duly adopted at any regular meeting of the council and, when so adopted, shall be submitted to a vote of the legal voters of the city upon the date of any election in the State of Oregon which may be held after giving notice as provided in this Charter.

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

Section 44. Severability.

If any provision of this Charter is held invalid, the other provisions of the Charter shall not be affected. If the application of the Charter or any of its provisions to any person or circumstances is held invalid, the application of the Charter and its provisions to other persons or circumstances shall not be affected.

Section 45. 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 5, 1985 election.