Grants Pass Municipal Code
CHARTER
CITY OF GRANTS PASS, OREGON
COUNCIL - MANAGER FORM OF GOVERNMENT
A CHARTER
To provide for the government of the City of Grants Pass, Josephine County,
Oregon; and to repeal all charter provisions of the City enacted prior to the time that this
charter takes effect, with the exceptions set forth herein.
Be it enacted by the people of the City of Grants Pass, Josephine County,
Oregon:
CHAPTER I
NAME AND BOUNDARIES
Section 1. TITLE OF ENACTMENT. This enactment may be referred to as the
City Charter of 1976.
Section 2. NAME OF CITY. The municipality of Grants Pass, Josephine County,
Oregon, shall continue to be a municipal corporation with the name "City of Grants
Pass." The City of Grants Pass shall have and use a seal.
Section 3. BOUNDARIES. 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 Finance Director shall keep on
file at least one copy of this charter in which shall be maintained an accurate, up-to-date
description of the boundaries. The copy and description shall be available for public
inspection at any time during regular office hours of the Finance Director.
CHAPTER II
POWERS
Section 1. POWERS OF THE CITY. 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 these powers.
Section 2. CONSTRUCTION OF CHARTER. 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 shall 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.
CHAPTER III
FORM OF GOVERNMENT
Section 1. WHERE POWERS VESTED. Except as this charter provides otherwise,
all powers of the City shall be vested in the Council.
Section 2. COUNCIL. The Council shall be composed of eight Council Members
elected from the City at large on a non-partisan ballot.
Section 3. WARDS ESTABLISHED. The City of Grants Pass, Josephine County,
Oregon is hereby divided into four wards, designated and bounded as follows: Ward No. 1
shall consist of all that portion of the City north of the former Oregon and California
Railroad and west of the center line of Sixth Street. Ward No. 2 shall consist of all that
portion of the city north of the former Oregon and California Railroad and east of the center
line of Sixth Street. Ward No. 3 shall consist of all that portion of the city south of the
former Oregon and California Railroad and east of the center line of Sixth Street. Ward
No. 4 shall consist of all that portion of the City south of the former Oregon and California
Railroad and west of the center line of Sixth Street. The boundaries of the ward lines as
herein prescribed may hereafter be changed by ordinance.
There shall be two Council Members from each ward herein established.
Section 4. COUNCIL MEMBERS. The Members of the Council shall be elected for
a term of four years and shall hold their respective offices until their successors are elected
and qualified. There shall be elected at large eight Council Members, one from each of the
four wards at each biennial general election. The offices of the Council Member shall
always be filled so that one Council Member shall be elected from each ward for the full
term of four years at each biennial general election. The term of office of Council
Members incumbent at the time this charter is adopted shall continue through their current
terms of office.
Section 5. MAYOR. At the biennial general election held in 1980 and every fourth
year thereafter, a Mayor shall be elected for a term of four years. The term of office of the
Mayor incumbent at the time this chapter is adopted shall continue through the Mayor's
current term of office.
Section 6. QUALIFICATIONS OF ELECTED OFFICERS. No person shall be
eligible for the office of Mayor unless at the time of their election that person is a qualified
elector within the meaning of the State Constitution and has resided in the City during the
twelve months immediately preceding the election. No person shall be eligible for Council
office unless at the time of their election or appointment that person is a qualified elector
within the meaning of the State Constitution and has resided in the ward for which that
person is seeking office during the six months immediately preceding the election. The
Council shall be final judge of the qualifications and election of its own Members, and the
office of Mayor.
Section 7. SALARIES. The Mayor and the Council Members shall receive no pay
for their services and the compensation of each other City Officer and each employee shall
be provided for by the Council.
Section 8. APPOINTIVE OFFICES. Appointive offices of the City shall be the City
Manager, the Municipal Judge and Municipal Judges Pro Tem, which shall be filled by
appointment of the Council. The Council may create and abolish boards and commissions
as it deems necessary and may make such appointments to and removal from such
boards and commissions as provided by State law, resolution, city charter, or ordinance.
CHAPTER IV
COUNCIL
Section 1. MEETINGS. 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 and shall provide for keeping a journal of
its proceedings. This journal shall be a public record. All records of the proceedings shall
be approved by the Council at a meeting of the Council. The Mayor may, or at the request
of three Council Members shall, by giving notice thereof to all Council Members then in the
City, call a special meeting of the Council to be held not earlier than twenty-four (24) hours
after notice is given. In event of an actual emergency, a meeting of the Council may be
held upon such notice as is appropriate to the circumstances. No action by the Council
shall have legal effect unless the motion for the action and the vote by which it is disposed
of takes place at proceedings open to the public.
Section 2. VOTING. Voting, except on procedural motions, shall be by roll call and
the ayes and nays shall be recorded in the journal. Five Council Members shall constitute
a quorum, but a smaller number may adjourn from time to time and may compel the
attendance of absent Members in the manner and subject to the penalties prescribed by
the rules of the Council. No action of the Council, except as otherwise provided in this
charter shall be valid unless adopted by the affirmative vote of the majority of the quorum
of the Council. No Council Member shall be liable or questioned in any other place for
words uttered in debate herein.
Section 3. CONFLICT OF INTEREST. Neither the Mayor nor any Council Member
shall, during the period for which each person is elected or serving as such, be financially
interested in any contract affecting the City.
Section 4. MAYOR'S FUNCTIONS AT COUNCIL MEETINGS. The Mayor shall
chair Council meetings and preside over its deliberations. The Mayor shall have a vote on
all questions before the Council resulting in a tie vote. 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.
Section 5. PRESIDENT OF THE COUNCIL. At the first regular meeting of the
common Council in January of each year, or as soon thereafter as practicable, the
Council shall choose by ballot one of its Members to preside over the Council and
perform the duties of Mayor in the absence of the Mayor from the City, or if the Mayor
be, from any cause, unable to act as Mayor, the President of the Council shall preside
over the Council meetings and shall have and exercise the power and perform all the
duties of the Mayor.
CHAPTER V
POWERS AND DUTIES OF OFFICERS
Section 1. MAYOR. No ordinance passed by the Council shall go into effect or
be of any force until approved by the Mayor, except as provided in the following
sections.
(1) Upon the passage of any ordinance or resolution the enrolled copy thereof,
attested by the Finance Director, shall be submitted to the Mayor by the Finance
Director, and if the Mayor approves the same, the Mayor shall write thereon
"approved" with the date of such approval, and sign the same officially and
thereupon, unless otherwise provided therein, such ordinance shall become law
and be of force and effect.
(2) If the Mayor does not approve of an ordinance or resolution so submitted, the
Mayor must, within three (3) days from the receipt thereof, return the same to the
Finance Director, with the Mayor's written reasons for not approving it; and if the
Mayor does not return it within three (3) days, such ordinance or resolution shall
become law as if the Mayor had approved it; within three (3) days of the return of
a disapproved ordinance or resolution the Finance Director must notify the
Council of such action.
(3) At the first meeting of the Council after the return by the Mayor of any
ordinance or resolution not approved, the Finance Director shall present the
same to the Council, with the written reasons of objections of the Mayor, all of
which must be read to the Council, and such ordinance or resolution shall then
be put upon its passage again, and if three-fourths of all Members constituting
the Council shall vote in favor of such ordinance or resolution, it shall thereupon
become a law without the approval of the Mayor.
Section 2. CITY MANAGER.
(1) Qualifications. The City Manager shall be the administrative head of the
government of the City. The City Manager shall be chosen by the Council
without regard to political considerations and solely with reference to the
candidate's executive and administrative qualifications. The City Manager need
not be a resident of the City or of the State at the time of appointment, but
promptly thereafter shall become and during incumbency remain a resident of the
City. Before taking office, the City Manager candidate shall be bonded in such
amount and with such surety as may be approved by the Council. The premiums
on such bonds shall be paid by the City.
(2) Term. The City Manager shall be appointed for an indefinite term and may
be removed at the pleasure of the majority of the Council. Upon any vacancy
occurring in the office of Manager after the first appointment pursuant to this
charter, the Council at its next meeting shall adopt a resolution of its intention to
appoint another Manager. No such appointment shall be made until at least four
weeks elapse after the resolution is adopted. No later than four months after
adopting the resolution, the Council shall appoint a Manager to fill the vacancy.
(3) Power and Duties. The powers and duties of the City Manager shall be as
follows:
(a) Devote all time to the discharge of official duties, attend all meetings
of the Council unless excused therefrom by the Council or the Mayor,
keep the Council advised at all times of the affairs and needs of the City
and make reports as requested by the Council of all the affairs and
departments of the City.
(b) See that all ordinances are enforced and that provisions of all
franchises, leases, contracts, permits and privileges granted by the City
are observed.
(c) Designate a Finance Director and the City Manager shall hire and may
remove City employees except as the charter otherwise provides and shall
have general supervision and control over them and their work with power
to transfer an employee from one department to another. The City
Manager shall supervise the departments to the end of obtaining the
utmost efficiency in each of them. The City Manager shall have no
control, however, over the Council or over the judicial activities of the
Municipal Judge. All personnel actions affecting the appointment,
removal, transfer, demotion, lay-off or disciplinary action of court
employees shall have the consent of the Municipal Judge. In the event
the City Manager and Judge shall disagree on any aforementioned
proposed personnel action, the Council shall determine the appropriate
action.
(d) Act as purchasing agent for all departments of the City.
(e) Be responsible for preparing and submitting to the Budget Committee
the annual budget estimates and such reports as that body requests.
(f) Supervise the operation of all public utilities owned and operated by
the City and shall have general supervision over all City property.
(g) Appoint, in his discretion, a Manager Pro Tem in the event of his
absence from the City for a period of seven (7) days or less.
(4) Seats at Council Meetings. The City Manager and such other officers as the
Council designates shall be entitled to sit with the Council but shall have no vote
on questions before it. The City Manager may take part in all Council
discussions.
(5) Manager Pro Tem. In case of the absence of the City Manger from the City
for more than seven (7) days, or temporary disability to act as City Manager, or
resignation as City Manager, or of discharge of the City Manager by the Council,
the Mayor with the consent of the majority of the Council, shall appoint a
Manager Pro Tem who shall possess the power and discharge the duties of the
City Manager during such absence or disability only; provided, however, that a
Manager Pro Tem shall have no authority to appoint or remove any City
employee except with the approval of the majority of the Council. No Manager
Pro Tem shall hold his position for more than four months. No appointment of a
Manager Pro Tem shall be renewed.
(6) Interference in Administration and Elections. No Member of the Council shall
directly or indirectly, by suggestion or otherwise, attempt to influence or coerce
the City Manager in making of any appointment or removal of any employee 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
the Manager the matter of specific appointments to any City employment. A
violation of the foregoing provisions of this section shall forfeit the office of the
offending Member of the Council. Nothing in this section shall be construed to
prohibit the Council during any regular or special meeting from fully and freely
discussing with or suggesting to the City Manager anything pertaining to the
foregoing matters or City affairs and for the best interests of the City. Neither the
City Manager nor any person in the employ of the City shall take part in securing,
or contributing any money toward the nomination or election of any candidate for
a Municipal office.
(7) Ineligible Persons. Neither the City Manager's spouse nor any person
related to the City Manager or the City Manager's spouse by consanguinity or
affinity within the third degree may hold any appointive office or employment with
the City.
Section 3. MUNICIPAL JUDGE.
(1) The Municipal Judge shall be the judicial officer of the City, shall be and
remain a Member of the Oregon State Bar and shall hold within the City a court
known as the Municipal Court for the City of Grants Pass, Josephine County,
Oregon. Except on non-judicial days, the court shall be open for the transaction
of judicial business as prescribed by the laws of the State. The territorial
jurisdiction of the court shall include the entire area within the boundaries of the
City as now or hereafter established. The Municipal court shall have original
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 Municipal court shall also have such
jurisdiction and authority as may now exist, or hereafter be granted or created by
the laws of the State of Oregon. The functions of the Municipal Judge and
Municipal Court may be fulfilled by a State court when so appointed and
designated by the Council.
(2) The Municipal 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 such person to bail pending trial, to issue
subpoenas, to compel witnesses to appear and testify in court on the trial of any
cause before the Municipal Judge 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 chapter, all proceedings in the Municipal Court for the violation
of the City ordinance shall be governed by the applicable general laws of the
State governing justices of the peace and justice courts, or by the general law of
the State governing any State court designated or appointed by the Council.
(3) The Municipal Judges Pro Tem shall have the same qualifications as the
Municipal Judge and a Municipal Judge Pro Tem shall serve as Municipal Judge
during the absence or disability of the Municipal Judge.
CHAPTER VI
ELECTIONS
Section 1. VOTER QUALIFICATIONS. Every legal voter of the State who has
been a resident of the City for thirty (30) days immediately preceding the elections shall
be entitled to vote at a City election.
Section 2. REGULAR ELECTIONS. Regular City elections shall be held at the
same times and places as the biennial general State election, in accordance with
applicable State election laws. The Finance Director shall, not later than the last day on
which such certificate may be filed, prepare and furnish to the County Clerk of
Josephine County a certified statement showing the City measures to be on at said
elections and the City offices to be filled in the City at the election, and the names and
other information concerning all candidates for such offices to be voted on at the
election. Notice of such election shall be that provided by law to be given by the County
Clerk of the County.
Section 3. SPECIAL ELECTIONS. The Council shall provide the time, manner,
and means for holding any special election. The Finance Director shall give at least ten
days notice of each special election in the manner provided by the action of the Council
ordering the election.
Section 4. REGULATION OF ELECTIONS. Except as this charter provides
otherwise and as the Council provides otherwise by ordinances relating to elections; the
general laws of the State shall apply to the conduct of all City elections, recounts of the
returns therefrom, and contests thereof.
Section 5. THE VOTES. In the event of a tie vote for candidates for an elective
office, the successful candidate shall be determined by a public drawing of lots in a
manner prescribed by the Council.
Section 6. CANVASS OF RETURNS. 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 Finance Director on or before noon of the day following, and not later than ten days
after the election the Council shall meet and canvass the returns. The results of all
special 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 each person has been elected, and a reference to each measure
enacted or approved. Immediately after the canvass is completed, the Finance Director
shall make and sign a certificate to each person elected 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.
Section 7. ELECTION CONTEST. The common Council is the judge of election
and qualification of the Mayor and Council Members and, in case of a contest between
two or more persons claiming to be elected thereto, must determine the same. An
election contest for any office other than Mayor and Council Member must be
determined according to the laws of the State regulating contest for County officers.
Section 8. COMMENCEMENT OF TERMS OF OFFICE. The term of office of a
person elected at a regular City election shall commence the first Monday of the
following year.
Section 9. OATH OF OFFICE. Before entering upon the duties of an office,
each officer shall take an oath or shall affirm that they will support the constitutions and
laws of the United States and of Oregon and that they will faithfully perform the duties of
that office.
Section 10. NOMINATIONS.
(1) Names for all candidates for City office shall be presented for nomination by
individual nominating petitions or by declaration or candidacy and payment of the
fee.
(2) In any petition filed by or on behalf of, or declaration of candidacy made by, a
candidate for election to a City elective office at the general election, no
reference shall be made to any political party ballot or to the political party
affiliation of a candidate. The petition nomination shall contain the signatures of
not less than fifty registered electors of the City.
(3) All such nominating petitions and declarations of candidacy must be filed with
the Finance Director at least five days prior to the date on which the Finance
Director is required to certify candidates and measures to the County Clerk for
the election.
Section 11. ELECTION PROCEDURE
(1) Except as herein expressly provided, the manner of election and preparing
the general election ballot shall be the same as the State provisions now or
hereafter in effect for the non-partisan election of District Attorney's, subject to
such change as the Council may hereafter make by ordinance.
(2) When there are three or more candidates for an office, the candidate
receiving the highest number of votes shall be declared elected. A plurality of the
votes cast shall be sufficient for election.
CHAPTER VII
VACANCIES IN OFFICE
Section 1. WHAT CREATES VACANCY. An elective office shall be vacant upon
the death, removal from the City, or resignation of the incumbent, or upon such
incumbent's ceasing to possess the qualifications of an elector. The office of the Mayor
and Council Member shall be vacated whenever the incumbent thereof shall fail to
attend any three consecutive regular meetings of the Council.
Section 2. FILLING OF VACANCIES. Vacant elective office in the City shall be
filled by appointment by Council. A majority of the quorum of the Council shall be
required to validate the appointment. The appointee's term of office shall begin
immediately upon the appointee's appointment and shall continue throughout the
unexpired term of the appointee's predecessor, unless sooner removed for cause by
vote of the Council.
CHAPTER VIII
ORDINANCES
Section 1. ENACTING CLAUSE. The enacting clause of all ordinances
hereinafter enacted shall be: "The City of Grants Pass hereby ordains:"
Section 2. ENACTMENT PROCEDURE.
(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 Finance Director 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 or 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.
Section 3. EXISTING ORDINANCES CONTINUED. All ordinances of the City in
force and effect when this charter takes effect shall remain in effect until amended or
repealed.
CHAPTER IX
PUBLIC IMPROVEMENTS
Section 1. IMPROVEMENTS. The procedure for making, altering, vacating or
abandoning a public improvement shall be governed by a general ordinance, or, to the
extent not so governed, by the applicable laws of the State.
Section 2. REMONSTRANCE. If a written remonstrance be filed with the
Finance Officer prior to the first public hearing on public improvements for improvement
of a street, installing a curb, gutter, sidewalk and other assessment projects, other than
installation of water or sanitary sewer, and such written remonstrance shall be filed by
the owners of two-thirds of the property abutting on said street or alley to be so
improved or repaired, computed on a lineal foot basis, no improvement shall be made
but such project may be considered again by the Council not less than six months after
the filing of a remonstrance. The Council shall have authority to install water or sanitary
sewer improvements over 100% objections. In this section, "owner" shall mean the
record holder of the legal title or, where land is being purchased under a land sale
contract, recorded, the purchaser shall be deemed the "owner."
CHAPTER X
MISCELLANEOUS PROVISIONS
Section 1. STREET VACATION. Subsection 27 of Section 93 of the prior
charter, which provides the common Council shall have the power and authority within
the limits of Grants Pass to provide for the vacation of any street or alley upon the
petition or with the consent of not less than 3/4 of all of the owners of the property
adjoining or abutting upon such street or alley, or any part thereof so vacated, is
specifically continued in full force and effect. the aforesaid fraction pertaining to
property owners shall be computed on a lineal foot basis. The Council shall prescribe
by general ordinance the procedure to be followed in such vacation.
Section 2. CHARTER. All charter provisions of the City enacted prior to the time
that this charter takes effect are hereby repealed, save and except any portions
necessary to sustain action previously taken under the prior charter or action or
procedure in the process of completion under the prior charter, and subsection 27 of
section 93 of the prior charter, set forth hereinabove, is specifically continued in force
and effect.
Section 3. This charter shall take effect on the 1st day of January, 1977.
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