City of Yamhill

 2009

CHARTER  

 P REAMBLE

WE the people, the voters of Yamhill, Oregon exercise our power to the fullest extent possible under the Oregon Constitution and laws of the State, and enact this Home Rule Charter.

CHAPTER I

 NAME AND BOUNDARIES

SECTION 1. TITLE This Charter may be referred to as the 2009 City of Yamhill Charter.

SECTION 2. NAME The City of Yamhill, Yamhill County, Oregon continues as a municipal corporation with the name City of Yamhill.

SECTION 3. BOUNDARIES The City includes all territory within its boundaries as they now exist or are legally modified. The City will maintain as a public record an accurate and current description of its boundaries.

CHAPTER II

POWERS

SECTION 4. POWERS The City has all powers that the constitutions, statutes and common law of the United States and State of Oregon expressly or impliedly grant or allow the City, as fully as though this Charter specifically enumerated each of those powers.

SECTION 5. CONSTRUCTION This Charter will be liberally construed so that the City may exercise fully all powers possible under this Charter and under United States and Oregon Constitutions and law.

SECTION 6. DISTRIBUTION The Oregon Constitution reserves initiative and referendum powers as to all municipal legislation to City voters. This Charter vests all other City powers in the Council except as the Charter otherwise provides. The Council has legislative, administrative and quasi-judicial authority. The Council exercises legislative authority by ordinance, administrative authority by resolution, and quasi-judicial authority by order. The Council may not delegate its authority to adopt ordinances.

CHAPTER III

COUNCIL

FORM OF GOVERNMENT

SECTION 7. COUNCIL The Council consists of a Mayor and four Councilors nominated and elected from the City at large.

SECTION 8. MAYOR

The Mayor presides over and facilitates Council meetings, preserves order, enforces Council rules, and determines the order of business under Council rules.

The Mayor is a voting member of the Council and has no veto authority.

The Mayor, with the consent of Council, appoints members of boards, commissions and committees established by ordinance or resolution.

The Mayor must sign all records of Council decisions.

The Mayor serves as the political head of the City government.

SECTION 9. COUNCIL PRESIDENT At its first meeting each year, the Council must elect a President from its membership. The President presides in the absence of the Mayor and acts as Mayor when the Mayor is unable to perform duties.

SECTION 10. RULES The Council must adopt by resolution rules to govern its meetings and proceedings.

SECTION 11. MEETINGS The Council must meet at least once a month at a time and place designated by Council rules, and may meet at other times in accordance with the Council rules.

SECTION 12. QUORUM A majority of the Council members is a quorum to conduct business, but a smaller number may meet and compel attendance of absent members as prescribed by Council rules.

SECTION 13. VOTE REQUIRED The express approval of a majority of a quorum of the Council is necessary for any Council decision, except when this Charter requires approval by a majority of the Council.

SECTION 14. RECORD A record of Council meetings must be kept in a manner prescribed by the Council rules.

CHAPTER IV

 LEGISLATIVE AUTHORITY

 SECTION 15. ORDINANCES The Council will exercise its legislative authority by adopting ordinances. The enacting clause for all ordinances must state “The City of Yamhill ordains as follows:”

 SECTION 16. ORDINANCE ADOPTION

Except as authorized by subsection (b), adoption of an ordinance requires approval by a majority of the Council at two meetings.

The Council may adopt an ordinance at a single meeting by the unanimous approval, provided the proposed ordinance is available to the public at least one week before the meeting.

Any substantive amendment to a proposed ordinance must be read aloud before the Council adopts the ordinance at that meeting.

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

After adoption of an ordinance, the City Recorder must attest the ordinance by name, title and date of adoption.

  SECTION 17. EFFECTIVE DATE Ordinances take effect on the 30 th day after adoption, or on a later day provided in the ordinance. An ordinance may take effect as soon as adopted or other date less than 30 days after adoption if the ordinance contains an emergency clause.

CHAPTER V

ADMINISTRATIVE AUTHORITY

SECTION 18. RESOLUTIONS The Council will normally exercise its administrative authority by approving resolutions. The adopting clause for all resolutions must state “The City of Yamhill resolves as follows:”

 SECTION 19. RESOLUTION APPROVAL

Approval of a resolution or any other Council administrative decision requires approval by the Council at one meeting.

Any substantive amendment to a resolution must be read aloud before the Council adopts the resolution at that meeting.

After approval of a resolution or other administrative decision, the vote of each member must be entered into the Council minutes.

After adoption of a resolution, the City Recorder must attest to the date of adoption.

 SECTION 20. EFFECTIVE DATE Resolutions and other administrative decisions take effect on the date of adoption, or on a later day provided in the resolution.

CHAPTER VI

 QUASI-JUDICIAL AUTHORITY

SECTION 21. ORDERS The Council will normally exercise its quasi-judicial authority by approving orders. The adopting clause for all orders must state “The City of Yamhill orders as follows:”

SECTION 22. ORDER APPROVAL

Approval of an order or other Council quasi-judicial decision may be approved by the Council at one meeting.

Any substantive amendment to an order must be read aloud at the meeting before the Council approves the order.

After approval of an order or other Council quasi-judicial decision, the vote of each member must be entered in the Council minutes.

After approval of an order, the City Recorder must attest to the date of approval.

SECTION 23. EFFECTIVE DATE Orders and other quasi-judicial decisions take effect on the date of final approval, or on a later day provided in the order.

CHAPTER VII

ELECTIONS

SECTION 24. COUNCILORS At each general election after the adoption, two Councilors will be elected for four-year terms. The term of a Councilor in office when this Charter is adopted is the term for which the Councilor was elected.

SECTION 25. MAYOR At the 2010 general election and every general election thereafter, a Mayor will be elected for a two-year term. The term of the Mayor in office when this Charter is adopted is the term for which the Mayor was elected.

SECTION 26. STATE LAW City elections must conform to State law except as this Charter or ordinances provide otherwise. All elections for City offices must be nonpartisan.

SECTION 27. QUALIFICATIONS

The Mayor and each Councilor must be a qualified elector under State law, and reside within the City for at least one year immediately before election or appointment to office.

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

Neither the Mayor nor a Councilor may be employed by the City.

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

SECTION 28. NOMINATIONS The Council must adopt an ordinance prescribing the manner for a person to be nominated to run for Mayor or a Councilor position.

SECTION 29. TERMS The term of an officer elected at a general election begins at the first Council meeting of the year immediately after the election is certified by county elections officials, and continues until the successor qualifies and assumes the office.

SECTION 30. OATH The Mayor and each Councilor must swear or affirm to faithfully perform the duties of the office and support the constitutions and laws of the United States and State of Oregon, and the Charter, ordinances and resolutions of the City.

SECTION 31. VACANCIES The Mayor or a Councilor office becomes vacant:

Upon the incumbent’s:

• Death,
• Adjudicated incompetence, or
• Recall from the office.

Upon declaration by the Council after the incumbent’s:

• Failure to qualify for the office within 10 days prior of the time the term of office is to begin,
• Absence from the City for 30 days without Council consent, or from all Council meetings within a 45-day period,
• Ceasing to reside in the City,
• Ceasing to be a qualified elector under State law,
• Conviction of a public offense punishable by loss of liberty, or
• Resignation from the office.

SECTION 32. FILLING VACANCIES A Mayor or Councilor vacancy will be filled by appointment by a majority of the remaining Council members. The term of office for the appointee runs from appointment until expiration of the term of office of the last person elected to that office. If a disability prevents a Council member from attending Council meetings or a member is absent from the City, a majority of the Council may appoint a Councilor pro tem.

CHAPTER VIII

 APPOINTIVE OFFICERS

SECTION 33. ADMINISTRATIVE OFFICERS The Council may establish by ordinance the office of City Administrator, City Recorder and additional offices as it deems necessary. The duties of each office will be set by ordinance. A majority of the Council may appoint and may remove each officer.

SECTION 34. CITY ATTORNEY The City Attorney is appointed by the Council as the chief legal officer of the City. A majority of the Council may appoint and may remove the Attorney.

SECTION 35. MUNICIPAL COURT AND JUDGE

A majority of the Council may appoint and may remove a Municipal Judge. A Municipal Judge will hold court in the City at such place as the Council directs. The court will be known as the Municipal Court of the City of Yamhill.

All proceedings of this Court will conform to state laws governing justices of the peace and justice courts.

All areas within the City and areas outside the City as permitted by State law are within the territorial jurisdiction of the Court.

The Court has jurisdiction over every offense created by City ordinance. The Court may enforce forfeitures and other penalties created by ordinances. The Court also has jurisdiction under State law unless limited by City ordinance.

The Municipal Judge may:

• Render judgments and impose sanctions on persons and property;
• Order the arrest of anyone accused of an offense against the City;
• Commit to jail or admit to bail anyone accused of a City offense;
• Issue and compel obedience to subpoenas;
• Compel witnesses to appear and testify and jurors to serve for trials before the Court;
• Penalize contempt of Court;
• Issue processes necessary to enforce judgments and orders of the Court;
• Issue search warrants; and
• Perform other judicial and quasi-judicial functions assigned by ordinance.

The Council may appoint and may remove Municipal Judge pro tems.

The Council may transfer some or all of the functions of the Municipal Court to a State court.

CHAPTER IX

MISCELLANEOUS PROVISIONS

SECTION 36. DEBT City indebtedness may not exceed debt limits imposed by State law. A Charter amendment is not required to authorize City indebtedness.

 SECTION 37. ORDINANCE CONTINUATION All ordinances consistent with this Charter in force when it takes effect remain in effect until amended or repealed.

SECTION 38. REPEAL All Charter provisions adopted before this Charter takes effect are repealed.

SECTION 39. SEVERABILITY The terms of this Charter are severable. If any provision is held invalid by a court, the invalidity does not affect any other term of the Charter.

SECTION 40. TIME OF EFFECT This Charter takes effect July 1, 2009.