City of Hines Municipal Code

 

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CITY OF HINES CHARTER

PREAMBLE

            Be it enacted by the People of the City of Hines:

            We, the people of the City of Hines, Oregon, in order to avail ourselves of self-determination in municipal affairs to the fullest extent now or hereafter possible, under the constitution and laws of the United States and the State of Oregon, and to make possible to the people of Hines the best possible living conditions and quality of life, now through this charter confer upon the City the following powers, subject it to the following restrictions, prescribe for it the following procedures and governmental structure.

            This document shall now constitute the charter of the City of Hines, and all of the prior official acts of the Common Council of the City of Hines are hereby approved, ratified, and confirmed, and all existing ordinances not in conflict with this act are hereby ratified and continued in force until repealed.

Chapter I

NAMES AND BOUNDARIES

            Section 1.1 Title of Charter.  This charter will be referred to as the 2000 Hines City Charter.

            Section 1.2 Name of City.  The city of Hines, Oregon shall continue to be a municipal corporation under this charter with the name “City of Hines”.

            Section 1.3 Boundaries. The City of Hines includes all territory within its boundaries as they now exist or shall be modified pursuant to State Law.  The custodian of the City’s records shall keep an accurate, current description of the City’s boundaries and make a copy of it available for public inspection during regular City Business hours.

Chapter II

POWERS

            Section 2.1  The City of Hines shall have all the power that the constitution, statutes and common law of the United States and the State of Oregon now or hereafter expressly or implied, grant or allow the City, as fully as though this charter specifically enumerated each of those powers.  This charter shall be liberally construed toward the end that all powers permissible hereunder be exercised.  The City shall be vested with the power within its limits of authority to perform all public services.
Section 2.2  Suits, actions, and proceedings may be brought in the name of the City of Hines for the recovery of any property, money, or thing, public use therein, or the enforcement of any rights of, or contracts with the city, made, arising, or accruing before or after adoption of this charter.  All contracts must be authorized in writing by the council.  No contract shall be binding upon the City or make the City liable unless said contract is authorized as stated and signed by both Mayor and City Administrator.

            Section 2.3  The Oregon Revised Statutes as presently constituted and hereafter amended shall govern City liability for damage or loss to persons or property.

Chapter III

GOVERNMENT

            Section 3.1  The power and authority given to the municipal operation of the City of Hines is vested in its Council.  The Council shall consist of a Mayor and six Councilors elected from the City at large pursuant to State Law.

            Section 3.2  The Mayor and Councilors shall be elected to serve terms of four years.  Terms will begin on the 2nd Tuesday of January following the General Election and end the 2nd Tuesday of January following the election of successor.

            Section 3.3  In the General Election at which this Charter is adopted, the Mayor and all six city council positions will be elected.  The Mayor and council positions 1, 2, and 3 shall be elected to four year terms of office.  The initial terms of office for Council positions 4, 5 and 6 shall be two years.  After the initial two year terms of office have ended, council positions 4, 5 and 6 shall thereafter be elected to four year terms of office.

            In event of a vacancy on the Council, an appointee from the City at large shall be chosen by the Council to serve until the term expires and a successor is elected.

            Section 3.4  Only those persons who are (1) residents in the City of Hines for 30 days next preceding the election, (2) citizens of the United States, (3) 18 years of age, entitled under Oregon law to the privileges of an elector shall hold office in the City of Hines.

            Section 3.5  Before assuming office, all elected officers must affirm by oath they will faithfully perform their duties of office and support the laws and constitution of the United States and State of Oregon and the Charter and Ordinance of the City of Hines.  Officers will be compensated for their services as provided by ordinance.

            Section 3.6  The council shall appoint one of its members to be Council President.  Council President shall assume the duties of the Mayor in the absence of that officer.

            Section 3.7  Any office shall be deemed vacant upon the death, resignation, or relocation outside the City of Hines, or unexcused absence from three consecutive regular meetings by the officer.

            Section 3.8  The Council may appoint a City Attorney, Engineer, or other officers as needed.  No officer, employment, or compensation for services will be created or allowed except provided for by ordinance or state law.

            Appointed officers hold their position at the pleasure of the Council.  Councilors may hold an appointed office or be employed with the City.  All appointments must be made under charter provision in writing and filed with the City Administrator.

            The Mayor shall have the power to suspend any appointive officer with pay at any time for a period not to exceed 30 days, and shall file with the City Administrator a written statement of the reasons therefore, within 10 days thereafter, and may file at any time during the suspension.  A notice of intent to permanently remove the suspended officer.  In the case of employees covered by Statute, the Mayor shall follow the statutory mandates.

            The Mayor may remove said officer unless the Council declares against removal by a two-thirds vote.

Chapter IV

COUNCIL ORGANIZATION

            Section 4.1  On the 2nd Tuesday of January following the city election there must be a regular council meeting, and such meeting is appointed by this charter.

            The Council shall meet in the City at least once a month, at a time and place designated by the Council rules and may meet other times in accordance with those rules.

            Section 4.2  A quorum–defined as a majority of the elected or appointed Council–must be present for the conduction of business.  A concurrence of the majority by a vote of “yeas” and “nays” is sufficient to determine any question or matter except as otherwise provided in this charter.

            Final passage of ordinances, resolutions, motions, and approval for payment of monies must be decided by vote of a majority of the council.

            Section 4.3  The Council may adopt rules by ordinance for its meetings.

            Council deliberations and proceedings, except as allowed by Oregon law for executive session, as well as those of any committee appointed by said Council, must be public.

            A record of such proceedings will be kept in accordance with State law.

            Section 4.4  The Council may punish a member for disorderly or improper conduct at any meeting, or for refusing or neglecting to attend a regular meeting without just cause.

Chapter V

POWERS AND DUTIES OF OFFICERS

MAYOR:

            Section 5.1  The Mayor shall be chair of the Council and preside over its deliberations, shall ensure all laws and ordinances are enforced and faithfully upheld, preserve order and enforce the rules of the Council, determine the order of business, appoint committees and sign all ordinances, and call extra sessions as needed.  In the absence of the Mayor, Council members may call an emergency or special meetings of the Council.

            The Mayor and in his/her absence the (President of the Council) shall have power at all times in any emergency of which the Mayor shall be the judge, subject to contrary decision by the council, to assume command of the whole or part of the police force.  In case of riot or public disorder, the Mayor shall have the right to assume temporary control of the police force; but before assuming such control must issue a proclamation to that effect, and it shall be the duty of the Chief of Police to execute the Mayor’s orders for restoration of public order.

            Section 5.2  The major shall exercise a general Supervision over the affairs of the city and its officers, and from time to time shall make any recommendations to the Council concerning the welfare of the City.

            The Mayor will have no vote in Council proceedings, except when there is a deadlock or tie and a tie breaking vote is needed.

            The Mayor may call upon department heads to report on subject matters under their control and management, and it shall be their duty to prepare and submit the same at once.

            No contract requiring payment of money shall be made or enforced unless approved by the Council and Mayor except as herein provided.

            Section 5.3  The Mayor shall see that all contracts and agreements made by the City shall be performed, and with Council approval shall in the name of the City cause legal proceedings to be executed against those who fail to fulfill their obligations to the City.  Any city officer with knowledge that any contract with the City has been violated by the other contracting party must immediately report it to the Mayor.

            Section 5.4  The Mayor directly or by designee shall take and approve all official undertakings or bonds which may be required of any officer, employee, and agent, contractor of or with the City, as security for the faithful performance of their duties or contract.  And when bonds or undertakings are approved, the Mayor must file the same with the City Administrator, except the Bond of the City Administrator, which shall be kept with or under control of the Mayor.

COUNCIL POWERS:

            Section 5.6  Legislative authority shall reside in the Council.  Administrative functions will be carried out by the Mayor or City Administrator.

            The Council shall have the power and authority by ordinance, subject to provisions, limitations, and restrictions to:

  1. Exercise within the city limits of Hines all the police powers to the same extent as the State of Oregon.

 

  1. To make and enforce all water, sanitary, police, and local laws.
  1. To provide for the punishment of violations of City ordinances by fine or imprisonment.

 

  1. To provide for entering into contracts with the City.
  1. To accept, reject, purchase, or acquire all property real, personal, or mixed offered for sale, given, bequeathed, conveyed, or held for delinquent taxes.

 

  1. To provide for the maintenance of public facilities, emergency services, and streets.
  1. To ensure the public welfare according to ordinance and State law.

 

CITY ADMINISTRATOR:

            Section 5.19  The City Administrator is the administrative head of the City government.  A majority of the council shall appoint and may remove the Administrator.  The appointment shall be without regard to political consideration and solely on the basis of administrative qualifications.  The Administrator need not reside in the City or the State when appointed.  Upon accepting the appointment the Administrator shall furnish the City a bond in an amount and with a surety approved by the Council.  The City shall pay the bond premium.  The Administrator shall be appointed for a definite or indefinite term and may be removed by the Council at its pleasure.  Within six consecutive months after a vacancy occurs in the office, the Council shall fill the vacancy by appointment.

            The City Administrator shall;

  1. Attend all Council meetings unless excused by the Council or Mayor;
  2. Keep the Council advised of the affairs and needs of the city;
  3. See that the provisions of all ordinances are administered to the satisfaction of the council;
  4. See that all terms of franchises, leases, contracts, permits and privileges granted by the City are fulfilled;
  5. Supervise and control personnel in their service to the City;
  6. Organize and reorganize the departmental structure of City government;
  7. Prepare and transmit to the Council an annual City Budget;
  8. Supervise City Contracts;
  9. Supervise operations of all City-owned public utilities and property;
  10. Perform other duties, as the Council prescribes, consistent with this charter.

 

The Administrator and other personnel whom the Council designates, may sit with the Council, but, may not vote on questions before it.  The administrator may take part in all Council discussions.

MUNICIPAL COURT JUDGE:

            Section 5.20  The office of Municipal Judge is filled by Council appointment and the Judge shall hold, within the City, a court known as the Municipal Court for the City of Hines, Harney County, Oregon.  Except as this Charter of City ordinance prescribes to the contrary, proceedings of the court shall be conducted pursuant to laws of this State governing Municipal Courts, and Justice Courts.  All area within the City is within the territorial jurisdiction of the Court.  The Municipal Court has original jurisdiction over every violation and offense created by ordinance or resolution of the City.  The court may enforce forfeitures and other penalties that such ordinances prescribe.  The Council may by motion authorize the Municipal Judge to appoint Municipal Judges Pro Tem to act during unavailability or absence of the Municipal Judge for terms of office set by the Judge or the Council.  Notwithstanding this section, the Council may transfer some or all of the functions of the Municipal Court to an appropriate State Court.

Chapter VI

PERSONNEL

            Section 6.1  Qualifications.

            6.1.1  An elective City Officer shall be a qualified elector under the state Constitution, shall be 21 years of age, and shall have resided in the City during the 12 months immediately before being elected or appointed to the office.  In this subsection, “City”, means inside the City limits at the time of the election or appointment.

            6.1.2  No person may be candidate at a single election for more than one elective City office.

            6.1.3  An elective officer may also serve in a City position that is volunteer in nature. Whether the position is such may be decided by the Council.

            6.1.4  The Council is the final judge of the election and qualifications of its members.

            6.1.5  The qualifications of appointive officers of the City shall be determined by the Council.

            Section 6.2 Compensation.  The Council shall prescribe the compensation of City Officers.  The Council may further prescribe a plan for reimbursing city personnel for expenses that they incur in serving the City.

            Section 6.3 Oath.  Before assuming City Office, an officer shall take an oath, in which persons shall affirm that they will faithfully perform the duties of the office and will support the Constitution and Laws of the United States, the State of Oregon, and the charter and ordinances of the City of Hines.

Chapter VII

ELECTIONS

            Section 7.1 State Law.  Except as this charter of a City Ordinance prescribes otherwise, a City election shall conform to State Law applicable to elections.

            Section 7.2 Nominations.  A person may be nominated in a manner prescribed by state law or general ordinance to run for an elective office of the City.

Chapter VIII

ORDINANCES

            Section 8.1 Enacting Clause. The enacting clause of all ordinances hereafter enacted shall be substantially as follows; “The City of Hines ordains as follows:”.

            Section 8.2 Introduction, Reading and Adoption.  Introduction, reading and adoption of an ordinance shall be in accordance with State statutes unless an ordinance is adopted providing for a different procedure.

            Section 8.3 When Ordinances Take Effect.  An ordinance enacted by the Council shall take effect on the thirtieth (30th) calendar day after its enactment.  When the council deems it advisable, an ordinance may provide a later effective date.  If the situation necessitates the passage of an ordinance for the immediate preservation of the public peace, health or safety of the residents of the City of Hines, the ordinance may take effect immediately after signature by the Mayor upon adoption by vote of two-thirds of the quorum present at the vote, provided that a separate section is said ordinance sets out that the Council believes in good faith that such a need does exist.

Chapter IX

PUBLIC IMPROVEMENTS

            Section 9.1 Improvements.  The procedure for making, altering or abandoning a public improvement shall be governed by general ordinance to the extent not so governed by the applicable general laws of the State

            Section 9.2 Special Assessments.  The procedure for levying, collecting and enforcing the payment of special assessments for public improvements and other services to be charged against real property, shall be governed by general ordinance.

            Section 9.3 Fees and Charges.  The City shall have authority to assess fees and charges for water, sewer and other public facilities, including connection thereto, and services as are allowed by ordinance and State Law.  Such fees and charges may be enforced as liens on property as provided by ordinance.

Chapter X

MISCELLANEOUS PROVISIONS

            Section 10.0 Debt.  The City’s indebtedness may not exceed debt limits imposed by State Law.  A City Officer or employee who creates or officially approves indebtedness in excess of this limitation, is jointly and severally liable for the excess.  A charter amendment is not required to authorize City indebtedness.

            Section 10.2 Continuance of Ordinances.  Insofar as not clearly inconsistent with this charter and until amended or repealed, all ordinances in force when the charter takes effect retain the effect they have at that time.

            Section 10.3 Repeal.  All charter provisions adopted before this charter takes effect are now herby repealed upon this charter becoming effective.

            Section 10.3 Severability.  Terms of this charter are severable.  If part of this charter is legally determined to be invalid, that invalidity does not affect any other part of the charter except as the logical relation between the two parts reasonably requires.

            Section 10.4 Time of Effect.  The voters of the City of Hines, approved this charter on November 7, 2000.  This charter takes effect December 7, 2000.