A bill to provide for the government of the city of Hermiston, Umatilla County, Oregon; and to amend all charter provisions of the city enacted prior to the time of this charter by repealing the whole thereof except certain provisions.
Be it enacted by the people of the city of Hermiston, Umatilla County, Oregon:
The charter of the city of Hermiston, adopted at a special election on March 15, 1910, and ratified by the common council of the city of Hermiston on March 16, 1910, is hereby amended by repealing the whole thereof except for the following provisions thereof which are hereby retained as a portion of said amended charter:
(A) Section 134. All funds now in or hereafter derived from the city water system, and city sewer system, or either of them, shall be placed in a single fund and kept therein separate and apart from all other city funds, and shall not be used for any purpose other than the expense of operating and maintaining said city water system and city sewer system, or either of them, and for betterments and extensions thereto, and for the purpose of paying interest and principal of water bonds and sewer bonds, or either of such bonds.
(B) Amendment approved by the voters January 24, 1943, authorizing the issuance of bonds in the amount of $45,000 for the purpose of paying a part of the cost of the construction of a sewerage system, including the construction of a disposal plant, sewer mains, necessary equipment and appurtenances, said bonds to be payable as both principal and interest exclusively from and secured by a first lien on, and a pledge of, the gross revenues of the sewerage system of the city and authorizing the issuance of bonds in theamount of $35,000 for the purpose of paying a part of the cost of additions and extensions to the existing water works system, including the construction or purchase of a well, pump, chlorinating plant, water mains, equipment and accessories, said bonds to be payable as both principal and interest exclusively from and secured by a first lien, on, and a pledge of the net revenues of the water works system of the city.
(C) Section 136. To provide for the issuance of general obligation bonds in an amount not to exceed $350,000 for the purpose of construction of a sewer system;" to provide for construction and maintaining a general sewer system, with intercepting sewers, pumping and sewerage disposal works, and all trunk lines; to provide for the use of the net revenues from the sewer system and water system for the payment of such bonds: repealing Section 135 of the charter of the city of Hermiston.
(D) Section 137. An amendment to the charter of the city of Hermiston by adding therein Section 137 to provide for the issuance and usage of general obligation bonds in the sum of $110,000; to provide funds with which to construct sewerage treatment works, two pumping stations and incidental works and to provide for the use of any available net revenues from the sewer system and the water system of said city for the payment of such bonds and providing a special tax levy to pay the principal of and interest on said bonds.
(E) Section 141. An amendment to the charter of the city of Hermiston, Oregon, by adding thereto Section 141 to provide for the issuance and sale of general obligation bonds in the sum of $187,000 to provide funds with which to:
(a) construct a new reservoir and supply mains to interconnect with existing distribution water system;"
(b) for the replacement of existing 10 inch deteriorated steel trunk water main
(c) for the construction of interconnecting mains and installation of additional fire hydrants in the high value district and at other locations where the need is critical;
(d) for the construction of a new well and pumping plant;
(e) for the construction of additional important inter ties for looping of dead end mains and for works which are incidental thereto and providing that if all of the bonds shall not be issued at the same time, all subsequent issues shall be numbered consecutively commencing with the number next following the last numbered bond so issued and providing a special tax levy to pay the principal and interest of and on said bonds, and the city council may use any available net revenue for the payment of said bonds and interest.
(F) Section 142. An amendment to the city charter of the city of Hermiston, Oregon, by adding thereto Section 142 to provide for the issuance and sale of general obligation bonds in the sum of $150,000 to provide funds with which to:
(a) Install 12 inch water main;
(b) Repair existing steel reservoir;
(c) Install inter ties for looping dead end mains;
(d) For work which is incidental thereto; and
(e) Providing a special tax levy to pay the principal and interest of and on said bonds, and the city council may use any available net revenue for the payment of said bonds and interest. (Subsection
(F) 142 added by special election held July 26, 1965)
(G) Section 143. An amendment to the charter of the city of Hermiston, Oregon, by adding thereto Section 143 to provide for the increase in the tax base of the city of Hermiston from $24,809 to $125,000 with the new tax base to apply to the levy for the fiscal year next following its approval. (Subsection (G) 143 added by special election held May 24, 1966)
(H) Section 144. An amendment to the charter of the city of Hermiston, Oregon, by adding thereto Section 144 to provide for the issuance and sale of general obligation bonds in the sum of $255,000; to provide funds with which to: (1) Install water distribution main for entire city; (2) new deep well for additional water supply; (3) new 1,000,000 gallon reservoir to meet fire requirements; and for work which is incidental thereto; providing for special tax levy to pay principal and interest on said bonds; and providing that the city council may use any available net revenue for the payment of said bonds and interest.
(a) The council is hereby authorized to issue and sell general obligation bonds of the city in the amount of $255,000 for the purpose of procuring funds to make improvements and expansions to the existing water system. Said bonds are to be in such form, be dated and mature as is determined by the council. Each of said bonds shall be a direct obligation of the city of Hermiston and shall be known as "City of Hermiston General Water Bonds."
(b) The purchaser of said bonds shall in no way be required to see to the proper application of the purchase money therefor.
(c) All debt limitations contained in the charter of the city of Hermiston and the 6% limitation imposed by Article XI, Section 11 of the Oregon State Constitution shall not apply thereto.
(d) The council is hereby authorized to levy, assess, and collect tax in an annual amount sufficient to pay the interest due on the outstanding bonds of this issue and to retire the principal thereof at maturity.
(e) The council is hereby authorized to set aside from the revenues collected from the users of the municipal water sewer system, after all operational expenses have first been met, an amount which shall not be in excess of the amount of annual revenue required to meet the payments of the principal and interest due on said bonds during the fiscal periods plus a reasonable sum for emergency reserve and may use said funds for this purpose. (Subsection (H) 144 added by special election held April 3, 1967)
(I) Section 145. An amendment to the charter of the city of Hermiston, Oregon, by adding thereto Section 145 to provide for the issuance and sale of general obligation bonds in the sum of $215,000; to provide funds with which to construct, equip, and furnish a fire station and perform work incidental thereto, and provide for payment of the bonds and interest.
(a) The council is hereby authorized to issue and sell general obligation bonds of the city in the amount of $215,000 for the purpose of procuring funds to construct, equip, and furnish a fire station and to perform work incidental thereto. Said bonds are to be in such form, be dated and mature as is determined by the council. Each of said bonds shall be a direct obligation of the city of Hermiston and shall be known as “City of Hermiston General Fire Station Bonds.”
(b) The purchaser of said bonds shall in no way be required to see to the proper application of the purchase money therefor.
(c) All debt limitations contained in the charter of the city of Hermiston and the 6% limitation imposed by Article XI, Section 11, of the Oregon State Constitution shall not apply thereto.
(d) The council is hereby authorized to levy, assess, and collect tax in an annual amount sufficient to pay the interest due on the outstanding bonds of this issue and to retire the principal thereof at maturity. (Subsection (I) 145 added by special election held October 14, 1970)
(J) Section 146. An amendment to the charter of the city of Hermiston, Oregon, to provide for the issuance and sale of general obligation bonds in the sum of $150,000; to provide funds with which to improve the Hermiston Municipal Airport by the extension of runways, taxi ways and apron; replacement of terminal building and related equipment; and provide for payment of the bonds and interest.
(a) The council is hereby authorized to issue and sell general obligation bonds of the city in the amount of $150,000 for the purpose of procuring funds to improve the Hermiston Municipal Airport by the extension of runways, taxi ways and apron; replacement of terminal building and related equipment. Said bonds are to be in such form, be dated and mature as is determined by the council. Each of said bonds shall be a direct obligation of the city of Hermiston and shall be known as “City of Hermiston General Airport Bonds.”
(b) The purchaser of said bonds shall in no way be required to see to the proper application of the purchase money therefor.
(c) All debt limitations contained in the charter of the city of Hermiston and the 6% limitation imposed by Article XI, Section 11, of the Oregon State Constitution shall not apply thereto.
(d) The council is hereby authorized to levy, assess and collect tax in an annual amount sufficient to pay the interest due on the outstanding bonds of this issue and to retire the principal thereof at maturity. (Subsection (J) 146 added by special election held March 2, 1976)
(K) Section 147. An amendment to the charter of the city of Hermiston, Oregon, by adding thereto Section 147 to provide for the issuance and sale of general obligation bonds in the sum of $600,000 to provide money with which to:
(a) Buy land;
(b) Develop and install new water sources;
(c) Install detention and treatment facilities;
(d) Expand main and lateral system;"
(e) Purchase necessary equipment;
(f) For work and material necessary and incidental thereto; and
(g) Providing for special tax levy to pay principal and interest on said bonds, and the city council may use any available net revenue from water sewer fund for the payment of said bonds and interest.
(1) The council is hereby authorized to issue and sell general obligation bonds of the city in the amount of $600,000 for the purpose of procuring funds for development of the water system. Said bonds to be in such form, dated and mature as determined by the council. Each of said bonds shall be a direct obligation of the city of Hermiston and shall be known as “City of Hermiston General Water Bonds 1977.”
(2) The purchaser of said bonds shall in no way be required to see to the proper application of the purchase money therefor.
(3) All debt limitations contained in the charter of the city of Hermiston and the 6% limitation imposed by Article XI, Section 11, of the Oregon State Constitution shall not apply thereto.
(4) The council is hereby authorized to levy, assess and collect tax annually in an amount sufficient to pay the interest due on the outstanding bonds of this issue and to retire the principal thereof at maturity.
(5) The council is hereby authorized to set aside from the revenues collected from the users of the municipal water sewer system, after all operational expenses have first been met, an amount which shall not be in excess of the amount of annual revenue required to meet the payments of the principal and interest due on said bonds during the fiscal period, plus a reasonable sum for emergency reserve, and may use said funds for this purpose. (Subsection (K) 147 added by special election held March 8, 1977)
(L) Section 148. An amendment to the charter of the city of Hermiston, Oregon, by adding thereto Section 148 to provide for the issuance and sale of general obligation bonds in the sum of $3,000,000 to provide money to (1) Buy land; (2) develop, construct and equip collector system and treatment plant; (3) construct and equip pump station; (4) purchase necessary equipment; (5) for work and material necessary and incidental thereto, and (6) providing for special tax levy to pay principal and interest on said bonds and authorizing the city council to use any available net revenue from water sewer fund for the payment of said bonds and interest.
(a) The council is hereby authorized to issue and sell general obligation bonds of the city in the amount of $3,000,000 for the purpose of procuring funds for development of the system. Said bonds to be in such form, dated and mature as determined by the council. Each of said bonds shall be a direct obligation of the city of Hermiston and shall be known as “City of Hermiston General Sewer Bonds 1978.”
(b) The purchaser of said bonds shall in no way be required to see to the proper application of the purchase money therefor.
(c) All debt limitations contained in the charter of the city of Hermiston and 6% limitation imposed by Article XI, Section 11, of the Oregon State Constitution shall not apply thereto.
(d) The council is hereby authorized to levy, assess and collect tax annually in an amount sufficient to pay the interest due on the outstanding bonds of this issue and to retire the principal thereof at maturity.
(e) The council is hereby authorized to set aside from the revenues collected from the users of the municipal water sewer system, after all operational expenses have first been met, an amount which shall not be in excess of the amount of annual revenue required to meet the payments of the principal and interest due on said bonds during the fiscal period, plus a reasonable sum for emergency reserve and may use said funds for this purpose. (Subsection (L) 148 added by special election held December 20, 1977)
The city of Hermiston, Umatilla County, Oregon, shall continue to be a municipal corporation, with the name of “City of Hermiston.”
The city shall include all territory bounded as follows: All that part of Sections 10, 11, 14, and 151 in Township 4 North, Range 28 East of the Willamette Meridian, Umatilla County, Oregon, bounded as follows, to wit:
Beginning at the northwest corner of the southwest quarter of the northwest quarter of said Section 10; thence east and parallel to and 80 rods distant from the north line of said Section 10 to the north and south centerline of said Section 10; thence northerly along the said north and south centerline of said Section 10 to the northwest corner of the northeast quarter of said Section 10; thence east along the north lines of said Section 10 and 11 to the northeast corner of the northwest quarter of the northwest quarter of said Section 11; thence south along the east line of said northwest quarter of the northwest quarter of said section to the northwest corner of the southwest quarter of the northeast quarter of the northwest quarter of said Section 11;
Thence east along the north line of said southwest quarter of the northeast quarter of the northwest quarter of said Section 11, to the northeast corner of the said southwest quarter of the northeast quarter of the northwest quarter of Section 11; thence south along the east line of said southwest quarter of the northeast quarter of the northwest quarter of Section 11 to the east and west center line of the north half of said Section 11;
Thence east along said east and west center line to the east line of said Section 11; thence south along the east lines of said Sections 11 and 14 to the southeast corner of the northeast quarter of the northeast quarter of said Section 14;
Thence west on a line parallel to and 80 rods south of the north line of said Section 14 to the center point of the north half of said Section 14;
Thence north and parallel to the west line of said Section 14 a distance of 40 rods; thence west on a line parallel to and 40 rods south of the north line of said Section 14 to a point 200 feet east of the west line of said Section 14.
Thence south and parallel to the west line of said Section 14 a distance of 785 feet; thence west 200 feet to the west line of said Section 14; thence north along the west line of said Section 14, distance of 125 feet, more or less, to the east and west center line of the north half of said Section 15;
Thence west on said east and west center line to the west line of said Section 15; thence north along the west lines of said Sections 15 and 10 to the point of beginning.
The city shall have all powers which the constitution, 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 these 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 was 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 the laws and to the municipal home rule provisions of the constitution of the state.
Except as the charter otherwise provides, all powers of the city of Hermiston shall be vested in a council of eight members elected hereinafter provided. At each general election, subsequent to the adoption of this charter, there shall be elected a Mayor from the city at large who shall hold office for two years, and until his successor is elected and qualified.
The city of Hermiston is hereby divided into four wards, designated and bounded as follows:
Ward I shall consist of the northwest quarter of the city having its easterly boundary being First Street commencing at Gladys Avenue and thence north to the city limits and its southern boundary being Gladys Avenue and Hermiston Avenue with extension thereto commencing at Gladys Avenue and First Street thence west to the city limits.
Ward II shall consist of the southwest quarter of the city having its northern boundary being Gladys Avenue and Hermiston Avenue with extension thereto commencing at Gladys Avenue and First Street thence west to the city limits and its easterly boundary being First Street commencing at Gladys Avenue thence south to the city limits.
Ward III shall consist of the northeast quarter of the city having its westerly boundary being First Street commencing at Gladys Avenue thence north to the city limits and its southern boundary being Gladys Avenue from First to 7th streets thence south on 7th Street to Diagonal Boulevard thence northeast along Diagonal Boulevard to the east city limits.
Ward IV shall be the southeast quarter of the city having its northern boundary being Gladys Avenue from First to 7th streets thence south on 7th Street to Diagonal Boulevard thence northeast along Diagonal Boulevard to the city limits and its westerly boundary being First Street commencing at Gladys Avenue thence south to the city limits.
All ward quadrant boundary lines will be extended upon annexation. (Section 7 amended by an election held November 2, 1982)
The council shall be made up of one person from each ward who is a bona fide resident of that ward throughout the term of office and four persons who are bona fide residents of the city at large. (Section 8 amended by an election held November 2, 1982)
The members of the Common Council shall be elected for a period of four years and shall hold their offices until their successors are elected and qualified.
All present council positions whose terms in office are completed in January of 1985 shall expire. Four council positions at large shall be elected with terms commencing in January of 1985 and shall serve for a four year term. These four candidates receiving the highest number of votes shall be elected into office.
There shall be one council person elected to a four year term from each ward with the term of office beginning in January of 1987.
All council positions, whether at large or from each ward, shall be voted upon by all qualified voters within the city. (Section 9 amended by an election held November 2, 1982)
At each general election there shall be elected a municipal judge from the city at large, who shall hold office for two years and until his or her successor is elected and qualified. (Section 10, as amended by an election held May 1, 1959)
Additional officers of the city shall be a city manager, treasurer, recorder, attorney, chief of police and such other officers and employees as the council deems necessary, each of whom shall be a bona fide resident of this city. (Section 11, as amended by an election held November 8, 1960)
The Council shall fix the compensation for each member of the Council, Mayor, City Manager, Recorder, Municipal Judge and all other city officers and employees. (Section 12, as amended by an election held November 8, 1960)
No person shall be eligible to the office of councilman, mayor or recorder and municipal judge, unless at the time of his election he is a qualified voter of the state and has resided in the city for one year immediately preceding his nomination or declaration for the office and he shall be a taxpayer and freeholder upon property located within the city of Hermiston.
The council shall provide for the time and place of its regular meetings, and adopt rules and regulations for the government of its members and proceedings. It shall hold at least one regular meeting each month. Special meetings of the council may be called by the mayor upon his own motion or upon the petition of two members of the council.
The mayor shall be chairman of the council and shall preside over its deliberations, shall have authority to preserve order, enforce the rules of the council, and determine the order of business subject to the rules of the council.
Except as this chapter otherwise provides, the concurrences of a majority of those present shall be required to determine any matter before the Council, provided however that a majority of the Council shall be required to pass any resolution or any ordinance. In case of a tie vote on any matter before the council, the mayor shall cast the deciding vote.
At its first meeting after this charter takes effect and thereafter at its first meeting of each odd numbered year, the council by ballot shall elect a president from its membership. In the mayor's absence from a council meeting, the council president shall preside over it. Whenever the mayor is unable, on account of absence, illness, or other cause, to perform the functions of his office, the president of the council shall act as mayor.
Five members of the council shall constitute a quorum to do business. The mayor shall be deemed a councilman for the purpose of constituting a quorum. The council shall keep a journal of its proceedings, and on the call of one member shall cause the yeas and nays to be taken and entered in the journal upon any question before it except a motion to adjourn. The proceedings of the council shall be public.
The mayor shall appoint the committees provided for under 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 passage. Upon the approval of the council, he shall endorse all bonds of officers of the city and all bonds for licenses, contracts, and proposals.
The recorder shall serve ex officio as clerk of the council, attend all its meetings unless excused therefrom by the council, keep an accurate record of its proceedings in a book provided for that purpose and sign all orders on the city treasurer. In his absence from a council meeting the mayor shall appoint a clerk of the council pro tem, who, while acting in that capacity, shall have the authority and duties of the recorder. The recorder shall countersign all instruments and writings authorized by this charter, the state constitution or laws, or council.
The city manager shall devote his entire time to the discharge of his official duties, shall attend all meetings of the council unless excused therefrom by the mayor or council president and keep the council advised at all times of the affairs and needs of the city and shall make annual reports or more frequent ones if requested by the council, of all the affairs and departments thereof.
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 fully observed.
He shall appoint all officers and employees except the municipal judge, and treasurer and remove them at pleasure, and have general supervision and control over them and their work with power to transfer from one department to another, and shall exercise supervision and control over the departments to the end of obtaining the utmost efficiency in each of the departments. He shall have no control, however, over the council, the treasurer, or the judicial activities of the municipal judge.
He shall act as purchasing agent for all departments of the city. All purchases shall be made by requisition signed by the city manager.
He shall be responsible for the preparation and submission to the budget committee of the general budget estimate and such reports as may be required by that body.
He shall perform such other duties as may be required by the charter or as the council may require of him.
Seats at council meetings. The manager shall be entitled to a seat with the council, but shall have no vote therein. The manager shall have the right to take part in the discussion of all matters coming before the council.
Manager pro tem. In case of the absence of the manager from the city, of his temporary disability to act as a manager, of his resignation as manager, or of discharge of him by the Council, and in the interim pending the appointment of the first manager by the council, the council shall appoint a manager pro tem who shall possess the powers and discharge the duties of the manager during such absence or disability only; but a manager pro tem shall have no authority to appoint or remove any city officer or employ except with the approval of a majority of the Council. No manager pro tem shall hold his position for more than six months unless by reappointment.
Interference in administration. No councilman shall in any manner, directly or indirectly, by suggestion or otherwise, attempt to influence or coerce the Manager in the making of any appointment or removal or in the purchase of supplies, or attempt to exact any promise relative to any appointment from any candidate for manager, or discuss, directly or indirectly with any such candidate, the matter of appointments to any city office or employments. Any violation of the foregoing provisions of this section will work a forfeiture of the office of the offending member of the council; provided, however, that nothing therein contained shall be construed as prohibiting the council while in open session, from discussing with or suggesting to the manager, fully and freely, anything pertaining to city affairs and for the best interests of the city. Neither the manager nor any person in the employ of the city shall take part in securing or contribute any money toward the nomination or election of any candidate for a municipal office. (Section 20a added by an election held November 8, 1960)
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 Hermiston, Umatilla County, Oregon. Except on nonjudicial days, the court shall be open for the transaction of judicial business. 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 crime and offenses defined and made punishable by ordinances of the city and of all actions brought to recover or enforce forfeitures or penalties defined or authorized by ordinance 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 or 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, 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 the court. When not governed by ordinances or this charter, all proceedings in the municipal court for the violations of a city ordinance shall be governed by the applicable general laws of the state governing justices of the peace and justice courts. Trials in the municipal court of cases for violation of a city ordinance shall be had without juries.
No person or persons related to the mayor, any councilman, recorder, municipal judge, treasurer, chief of police, city attorney, or their respective spouses by consanguinity or affinity within the third degree shall hold any appointive office within the city with the exception of volunteer workers appointed by the common council and whose remuneration for such services is nominal and not to exceed $400 per annum. (Section 22, as amended by an election held May 18, 1956)
(1) Except as provided in subsections (2) and (3), general city elections shall be held at the same times and places as general state elections, in accordance with applicable state election laws. The election offices and precincts for such elections shall be the same as for regular state elections; elections shall be nonpartisan.
(2) Except as provided in subsection (3), beginning in calendar year 2000 and continuing every two years thereafter, for the positions of mayor and municipal judge, the general election shall be held the third Tuesday in May. Except as provided in subsection (3), beginning in calendar year 2002 and continuing every four years thereafter, for the position of wards pecific councilperson, the general election shall be held the third Tuesday in May.
(3) Notwithstanding subsection (2), if three (3) or more candidates file nominating petitions or declarations of candidacy for mayor, wardsspecific councilperson or municipal judge, then a nonpartisan primary election shall be had for such position on the third Tuesday in May. The two candidates who receive the highest number of votes in a primary election for a certain position shall be the nominees whose name shall appear on the ballot at the general election to be held the first Tuesday after the first Monday in November following the primary election. When any candidate receives a majority of all votes cast for the office for which that person is a candidate at a primary election, the name of that candidate shall be printed separately on the ballot at the general election under a designation equivalent to “Vote for One” and no other name shall be printed on the ballot in opposition to such candidate. One space, however, shall be left following such name in which the voter may insert the name of any person for whom the voter wishes to cast a ballot. The names of the nominees elected at the primary election shall be printed on the Official Ballot for the regular general election without any political party designation. (Section 23, as amended by an election held May 18, 1999)
The recorder, pursuant to directions from the council shall give at least ten days notice of each regular election by posting notice thereof at a conspicuous place in the city hall and in one public place in each voting precinct of the city. The notice shall state the officers to be elected at, the ballot title of each measure to be voted upon, and the time and place of the election.
The council shall provide the times, manner, means and place or places for holding any special elections. The recorder shall give at least ten days notice of each special election in the manner provided by the action of the council ordering the election.
Except as this charter provides otherwise and as the 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.
In all elections held in conjunction with state and county elections the state laws governing the filing of returns by the county clerk and the canvassing of those returns shall apply. The poll books as furnished by the county clerk at such elections shall be deemed the poll books of the city. On or before noon of the day following each special city election returns shall be filed with the recorder and not later than five days after the election the council shall meet and canvass the returns. The results of all elections shall be made a matter of record in the journal of the proceedings of the Council which shall contain a statement of the total number of votes cast at each election, the votes cast for each person or proposition. The name of each person elected to office, the office to which he was elected and a reference to each measure enacted or approved. Immediately after the completion of the canvass the recorder shall make and sign a certificate of election of each person elected, and deliver the certificate to him within one day after the canvass. A certificate so made and delivered shall be prima facie evidence of the facts which it states; but the council shall be the final judge of the qualifications and election of its own members subject, however, to review by any court of competent jurisdiction.
The term of office of a person elected to an office at a regular city election shall commence the first of the year immediately following the election. However, in the case of an appointment to fill an existing vacancy in office, the person appointed shall enter upon his office immediately.
Before entering upon the duties of his office each officer shall take an oath that he will support the constitution and laws of the United States and the state of Oregon and that he will faithfully perform the duties of his office.
Candidates for elective offices shall be nominated in accordance with ORS 221 190, as the same may be amended, except that petitions or certificates of nomination provided for in such law must be filed with the city recorder, not later than 20 days before the election. Such mode of nomination shall remain effective until such time as the council by ordinance provides other lawful methods of nomination. The council is hereby expressly authorized to provide such other lawful methods of nominations.
An office shall be deemed vacant upon the incumbent's death, incompetence, conviction of a felony, resignation, or absence from the city for 30 days without the consent of the council in the case of mayor or councilperson; upon the incumbents 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 on or before the day his term of office commences; and in the case of mayor or councilperson, upon his absence from meetings of the council for 60 days without the consent of the Council.
Vacancies in elective offices of the city shall be filled by appointment by a majority of the entire membership of the council. The appointee's term of office shall begin immediately upon his appointment and shall continue throughout the unexpired term of his predecessor.
During the temporary disability of any officer or during his absence temporarily from the city for any cause, his office may be filled pro tern in the manner provided for filling vacancies in office permanently.
The enacting clause of all ordinances hereafter enacted by the council shall be “The City of Hermiston does ordain as follows.”
(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 on 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 if:
(a) no Council member present at the meeting requests to have the ordinance read in full;
(b) a copy of the ordinance is available for each Council member, and a copy is available for public inspection in the office of the City Recorder at least two business days before the first reading of the ordinance; and,
(c) notice of the availability of the ordinance is given forthwith upon the filing, by (i) written notice posted at City Hall 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 a difference is read fully and distinctly in open Council meeting as finally amended prior to being approved by the Council. (Section 34, as amended by an election held May 18, 1999)
An ordinance enacted by the council shall take effect on the 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.
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 is to be devoted.
The time, method and manner of making all street, sidewalk, sewer and other public improvements, the method of financing the same, the procedure for vacating, altering or abandoning streets and other public improvements, shall be governed by ordinance, or, in the absence of ordinance, by the general laws of Oregon.
The procedure for levying, collecting and enforcing special assessments for public improvements or other services to be charged against real property shall be governed by ordinance.
A contract in excess of $500 for a public improvement to be made by a private contractor shall be let to the lowest responsible bidder for the contract and shall be done in accordance with plans and specifications approved by the council.
Except by consent of the voters the city, voluntary floating indebtedness shall not exceed $10,000. For the 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 these limitations shall be jointly and severally liable for the excess.
In no event shall the city be liable in damages to any person for an injury to person or property caused by a defect or dangerous place in a sidewalk, crosswalk, street, alley, sewer, public ground, public building, drain, gutter, ditch, or way, unless the city has had actual notice prior to the injury that the defect or dangerous place existed and a reasonable time thereafter in which to repair or remove it. Nor shall the city be liable for any other torts, acts, omissions or causes whatsoever. In no case shall more than $500 be recovered as damages for an injury resulting from such a defect or dangerous place or from such act, omission or cause. No action shall be maintained against the city for damages growing out of such an injury unless the claimant first gives written notice to the council within 30 days after the injury is sustained, stating specifically the time when, the place where, and the circumstances under which it was sustained; and that he or she will claim damage therefor of the city in an amount which he or she specifies. Nor shall the action be maintained unless 30 days have elapsed after the presentation of this notice to the council.
All ordinances of the city consistent with this charter and in force when it takes effect shall remain in effect until amended or repealed.
No right or liability of the city existing at the time this charter takes effect shall be impaired or discharged by adoption of this charter, except as this charter otherwise provides.
All charters and charter amendments of the city enacted prior to the time that this act takes effect, as except may be herein otherwise provided, are hereby repealed.
This charter shall take effect on January 11, 1955, provided however, that all officers presently elected to hold office until the second Tuesday in January, 1957, shall continue on in office as elected.
Adopted by the people of the city of Hermiston, Oregon, at the general election November 2, 1954.
Ratified by the Common Council of the city of Hermiston, November 3, 1954.