CHARTER OF DUNES CITY, OREGON

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Section

1. Title of enactment

2. Name of city

3. Boundaries

4. Powers of the city

5. Construction of Charter

6. Where powers vested

7. Council

8. Council Members

9. Mayor

10. Recorder, Judge, Treasurer, and other

officers

11. Salaries

12. Qualifications of officers

13. Meetings

14. Quorum

15. Record of proceedings

16. Proceedings to be public

17. Mayor's functions at Council meetings

18. President of the Council

19. Vote required

20. Mayor

21. Municipal Judge

22. Recorder

23. Regular elections

24. Special elections

25. Regulation of elections

26. Canvass of returns

27. Tie votes

28. Commencement of terms of office

29. Oath of office

30. Nominations

31. What creates vacancy

32. Filling of vacancies

33. Enacting clause

34. Mode of enactment

35. When ordinances take effect

36. Condemnation

37. Improvements

38. Special assessments

39. Bids

40. Debt limit

41. Existing ordinances continued

42. Repeal of previously enacted provisions

43. Time of effect of Charter

3..CHARTER

This enactment may be referred to as the Dunes

City Charter of 1974.

The municipality of Dunes City, Lane County,

Oregon, shall continue to be a municipal corporation

with the name "Dunes City."

The city shall include all territory encompassed

by its boundaries as they now exist or hereafter are

modified by voters, by the council, or by any other

agency with legal power to modify them. The recorder

shall keep in the office at the city hall at least two

copies of this charter in each of which shall be

maintained an accurate up-to-date description of the

boundaries. The copies and descriptions shall be

available for public inspection at any time during

regular office hours of the recorder.

The city shall have 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.

In this charter no mention of a particular power

shall be construed to be exclusive or to restrict the

scope of the powers which the city would have if the

particular power were not mentioned. The charter shall

be liberally construed to the end that the city may have

all powers necessary or convenient for the conduct of

its municipal affairs, including all powers that cities

may assume pursuant to state laws and to the municipal

home rule provisions of the state constitution.

Except as this charter provides otherwise, all

powers of the city shall be vested in the council.

The council shall be composed of a mayor and six

council members elected from the city at large.

The term of office of each council member in

office when this charter is adopted shall continue until

5.Dunes City - Charter 6

the beginning of the first odd-numbered year after that

time. At each subsequent biennial general election,

three council members shall be elected, each for a term

of four years.

At each biennial general election a mayor shall

be elected for a term of two years.

Additional officers of the city may be a city

recorder, a municipal judge, a treasurer, each of whom

the council shall appoint, and such other officers as the

council deems necessary. The council may combine

any two or more appointive offices. In no such

combination shall the municipal judge be subject in

judicial functions to supervision by any other officer.

The compensation for the services of each city

officer and employee shall be the amount fixed by the

council.

No person shall be eligible for an elective office

of the city unless at the time of the election said

candidate is a qualified elector within the meaning of

the state constitution and is a resident of Dunes City.

The council shall be the final judge of the qualifica-tions

for election of its own members.

The council shall hold a regular meeting at least

once each month in the city at a time and at a place

which it designates. It shall adopt rules for the

government of its members and proceedings. The

mayor, upon the mayor's own motion or at the request

of three members of the council, may call a special

meeting. These special meetings must have at least

24-hours' notice. All regular and special meetings must

comply strictly with all rules set forth in the document

known as the Attorney General's public meetings and

records manual.

A majority of 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.

The council shall cause a record of its proceedings

to be kept. Upon the request of any of its members, the

ayes and nays upon any question before it shall be

taken and entered in the record. Further, all records

must comply strictly with all rules set forth in the

document known as the Attorney General's manual on

public meetings and public records.

No action by the council shall have legal effect

unless the motion for the action and the vote by which

it is disposed of take place at proceedings open to the

public..Charter 7

The mayor shall be chairman of the council and

preside over its deliberations. The mayor shall vote

only when a tie occurs. The mayor shall have

authority to preserve order, enforce the rules of the

council, and determine the order of business under the

rules of the council.

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 president shall

preside over it. Whenever the mayor is unable to

perform the functions of the office, the president shall

act as mayor.

Except as this charter otherwise provides, the

concurrence of a majority of the members of the

council present at a council meeting shall be necessary

to decide any questions before the council.

The mayor shall appoint, with the approval of the

council, the committees provided by the rules of the

council. The mayor shall sign all records of

proceedings approved by the council. The mayor shall

have no veto power and the mayor or the mayor-designate

shall sign all ordinances passed by the

council within three days after their passage. After the

council approves a bond of a city officer or a bond for

a license, contract, or proposal, the mayor shall endorse

the bond.

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 Dunes City, Lane

County, Oregon. The court shall be open for the

transaction of judicial business at times specified by the

council. All area within the city shall be within the

territorial jurisdiction of the court. The municipal judge

shall exercise original and exclusive jurisdiction of all

offenses defined and made punishable by ordinances of

the city and of all actions brought to recover or enforce

forfeitures or penalties defined or authorized by

ordinances of the city. The judge 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 accused to bail pending

trial, to issue subpoenas, to compel witnesses to appear

and testify in court on the trial of any cause before the

court, to compel obedience to such subpoenas to issue

any process necessary to carry into effect the

judgments of the court, and to punish witnesses and

others for contempt of court. When not governed by

ordinances or this charter, all proceedings in the

municipal court for the violation of a city ordinance

shall be governed by the applicable general laws of the

state governing justices of the peace and justice courts.

The recorder shall serve ex officio as a clerk of the

council, attend all its meetings unless excused

therefrom by the council, keep an accurate record of its

proceedings, and sign all orders on the treasury. In the

recorder's absence from a council meeting, the mayor

shall appoint a clerk of the council pro tem who, while

acting in that capacity, shall have all the authority and.Dunes City - Charter 8

duties of the recorder.

Regular city elections shall be held at the same

times and places as biennial general state elections, in

accordance with applicable state election laws. The

recorder, pursuant to directions from the council, shall

give at least ten (10) days' notice of each regular city

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, the ballot title of each measure to

be voted upon, and the time and place of the election.

The council shall provide the time, manner, and

means for holding any special election. The recorder

shall give at least ten (10) 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 shall apply. In each special

city election the returns therefrom shall be filed with

the recorder on or before noon of the day following,

and not later than five days after the election the

council shall meet and canvass the returns. The results

of all elections shall be entered in the record of the

proceedings of the council. The entry shall state the

total number of votes cast at the election, the votes cast

for each person and for and against each proposition,

the name of each person elected to office, the office to

which said person has been elected, and a reference to

each measure enacted or approved. Immediately after

the canvass is completed, the recorder shall make and

sign a certificate to that person within one day after the

canvass. A certificate so made and delivered shall be

prima facie evidence of the truth of the statements

contained in it.

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.

The term of office of a person elected at a regular

city election shall commence the first council meeting

of the year immediately following the election.

Before entering upon the duties of the office, each

officer shall take an oath or shall affirm support of the

constitutions and laws of the United States and of

Oregon and agree to faithfully perform the duties of the

office.

SECTION 30. NOMINATIONS..Charter 9

A qualified elector who is a resident of the city

may be nominated for an elective city office to be

filled at the election. The nomination shall be by a

petition that specifies the office sought and shall be in

a form prescribed by the council. The petition shall be

signed by not fewer than 20 electors. No elector shall

sign more than one petition for each office to be filled

at the election. If such is done, the signature shall be

valid only on the first sufficient petition filed for the

office. The signatures to a nomination petition need

not all be appended to one paper, but to each separate

paper of the petition shall be attached an affidavit of

the circulator thereof, indicating the number of signers

of the paper and stating that each signature appended

thereto was made in the presence of person filing the

petition and is the genuine signature of the person

whose name it purports to be. Opposite each signature

shall be stated the signer's place of residence, identified

by its street and number or other sufficient designation.

All nomination papers comprising a petition shall be

assembled and filed with the recorder as one

instrument not earlier than 90 nor later than 65 days

before the election. The recorder shall make a record

of the exact time and date at which each petition is

filed and shall take and preserve the name and address

of the person by whom it is filed. If the petition is not

signed by the required number of qualified electors, the

recorder shall notify the candidate and the person who

filed the petition within five days after the filing. If the

petition is insufficient in any other particular, the

recorder shall return it immediately to the person who

filed it, certifying in writing wherein the petition is

insufficient. The deficient petition may be amended

and filed again as a new petition, or a substitute

petition for the same candidate may be filed, within the

regular time for filing nomination petitions. The

recorder shall notify an eligible person of this

nomination, and that person shall file with the recorder

a written acceptance of nomination, in such form as the

council may require, within five 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 ballots. The petition of

nomination 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.

An office shall be deemed vacant upon the

incumbent's death; adjudicated incompetence,

conviction of a felony, other offense pertaining to the

office, or unlawful destruction of public records;

resignation; recall from office, or ceasing to possess the

qualifications for the office; upon the failure of the

person elected or appointed to the office to qualify

therefor within ten days after the time for the term of

office to commence; or in the case of a mayor or

council member, upon that person's absence from the

city for 30 days without the consent of the council or

upon absence from meetings of the council for 60 days

without like consent, and upon a declaration by the

council of the vacancy.

Vacant elective offices in the city shall be filled

by appointment. A majority vote of the council shall

be required to validate the appointment. The

appointee's term of office shall begin immediately upon

appointment and shall continue until the beginning of

the year following the next general biennial election

and until the successor is qualified; and the successor

for the unexpired term shall be chosen at the next

general biennial election after said appointment. Of

those elected, the three receiving the largest number of

votes shall each hold office for four years and those

receiving the lesser votes shall each hold office for the

unexpired two years..Dunes City - Charter 10

The enacting clause of all ordinances hereafter

enacted shall be "Dunes City ordains as follows: ."

(1) Except as the second and third paragraphs of

this section provide to the contrary, every ordinance of

the council shall, before being put upon its final

passage, be read fully and distinctly in open council

meeting on two different days.

(2) Except as the third paragraph of this section

provides to the contrary, an ordinance may be enacted

at a single meeting of the 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

no council member present at the meeting requests to

have the ordinance read in full or if a copy of the

ordinance is provided for each council member and

three 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 if notice of

their availability is given forthwith upon the filing, by

written notice posted at the city hall and two other

public places in the city and by advertisement in a

newspaper of general circulation in the city. An

ordinance enacted after being read by title alone may

have no legal effect if it differs substantially from its

terms as it was thus filed prior to such reading, unless

each section incorporating such a difference is read

fully and distinctly in open council meeting as finally

amended prior to being approved by the council.

(4) Upon the final vote on an ordinance, the ayes

and nays of the member shall be taken and entered in

the record of proceedings.

(5) Upon the enactment of an ordinance the

recorder shall sign it with the date of its passage and

recorder's name and title of office.

An ordinance enacted by the council shall take

effect on the thirtieth 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. An

emergency is defined as any circumstance that appears

to adversely affect the health or welfare of the citizens

of Dunes City.

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.

The procedure for making, altering, vacating, or

abandoning a public improvement shall be governed by

general ordinance or, to the extent not so governed, by

the applicable general laws of the state. Action on any

proposed public improvement except a sidewalk or

except an improvement unanimously declared by the

council to be needed at once because of an emergency,

shall be suspended for six months upon a remonstrance

thereto by the owners of two-thirds of the land to be

specially assessed therefor. In this section, "owner"

shall mean the record holder of legal title or, where

land is being purchased under a land sale contract

recorded or verified to the recorder in writing by the

record holder of legal title to the land, the purchaser

shall be deemed the "owner."

§ 35.01 et seq.Charter 11

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.

A contract in excess of $2,000.00 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's

voluntary floating indebtedness shall not exceed

$10,000.00 at any one time. 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.

All ordinances of the city consistent with this

charter and in force when it takes effect shall remain in

effect until amended or repealed.

All charter provisions of the city enacted prior to

the time that this charter takes effect are hereby

repealed.

This charter shall take effect the 4th day of

November, 1980..Dunes City - Charter 12