HomeMy WebLinkAboutResolution No. 4728
RESOLUTION NO. 4728
A RESOLUTION CALLING A CITY ELECTION ON NOVEMBER 5,2002,
FOR THE PURPOSE OF REFERRING TO THE LEGAL ELECTORS OF
THE CITY OF EUGENE "HOUSEKEEPING" AMENDMENTS TO THE
EUGENE CHARTER OF 1976.
The City Council of the City of Eugene finds as follows:
A. On August 7, 2000, the Eugene City Council created a nine-member Citizen Charter
Review Committee (the Committee) to review specific sections of the Eugene Charter of 1976, and
various "housekeeping" matters related to the Charter. The Committee was appointed by the City
Council on December 11,2000.
B. The Committee met throughout 2001, and on January 14, 2002, presented its final
recommendations to the City Council. The Committee suggested that "housekeeping" amendments
to the Eugene and Charter of 1976 be placed on the ballot as a single measure and the other, more
substantial amendments be presented to the voters as separate questions.
C. It would be in the public interest to submit to the legal electors of the City a measure
amending Sections 1,7,8,9,11,13,15, 16(l)(c), (d), (e) and (2)(a), 17, 18,20,23,25,26,29,31,
33, 34, 35, 37, 40, 42, 43, 45, 48, 49, 50, 52, 53 and 54, and deleting Section 51 of the Eugene
Charter of 1976 and adding a new section thereto, all as described in Exhibit A attached hereto.
NOW, THEREFORE, based upon the above findings,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a
Municipal Corporation of the State of Oregon, as follows:
Section 1. A city election is called for the purpose of submitting to the qualified electors
of the City of Eugene a measure, attached as Exhibit A hereto, concerning the amendment of
Sections 1,7,8,9,11,13,15, 16(1)(c), (d), (e) and (2)(a), 17, 18,20,23,25,26,29,31,33,34,35,
37, 40, 42, 43, 45, 48, 49, 50, 52, 53 and 54 and deletion of Section 51 of the Eugene Charter of
1976.
Section 2. The City Council orders a city election to be held in the City of Eugene,
Oregon, on the 5th day of November, 2002, in accordance with the provisions of Chapter 254 of the
Oregon Revised Statutes, and the ballots shall be counted and tabulated and the results certified as
provided by law.
Resolution - 1
Section 3. The City Recorder is directed to give not less than ten days' notice of the city
election by publication of one notice in the Register Guard, a newspaper published in the City and
of general circulation within the City.
The foregoing Resolution adopted this 31st day of July, 2002.
t~ BtJ-
Deputy City Recorder
Resolution - 2
EXHIBIT A
MEASURE
Sections 1, 7, 8,9, 11, 13, 15, 16(l)(c), (d), (e) and (2)(a), 17, 18,20,23,25,26,29,31,33,34,35,
37,40,42,43,45,48,49,50,52, 53 and 54 of the Eugene Charter of 1976 are hereby amended and
Section 51 is hereby deleted to provide as follows. (Language to be deleted from current Charter
is indicated in brackets with strike-out; language to be added to the current Charter is indicated in
bold, italic print; language that is neither struck-out nor bold-italic is current Charter language that
is unchanged by this measure.)
Section 1.
Title. This revision may be referred to as the Eugene Charter of [+9%] 2002.
Section 7. Mayor - Election. A mayor shall be elected in [+986] 2004 and every fourth year
thereafter for a term offour years, and shall serve until his or her successor is elected and qualified.
Section 8. Council- Qualifications. [A Gouncilor 5hall re5ide in the ~atd fur ~hiGh deGtcd 01
appointcd.] During a councilor's term, the councilor shall reside in the ward from which the
councilor was elected or to which he or she was appointed. In addition, to be elected or appointed
as a councilor, a person must meet the qualifications described in Section 19.
Section 9. Council - Meetings. The council shall prescribe the time and place of its regular
meetings, at least one of which shall be held each month. [At a11J 5uGh lUGGting, tllG council nlay
adjou1n to thG l1Gxt 5ucGGcding IGgular nlceting 01 to 50nIG 5pGcificd timG prior theIGto]. The mayor
or three councilors may call special meetings of the council in a manner prescribed by ordinance.
Section 11. Council- Journal. The council shall keep [ajomnal] minutes of its proceedings and
[on Gall] at the request of any two of its members [cause] shall record in the minutes the yeas and
nays upon any question before the council. [to be takal and Gntcred in the. journaL]
Section 13. Council- President. [At the fiI5t regular 11lceting of the. Got111Gil Gadl ,cat or a5 500n
tllGIeafter a5 praGtiGable, tl.1G GounGil 5hall Ghoose, by ballot one, of it5 manbe,r5 to pre5ide, over the
council and pGIfolln the, dntiG5 of nla,or in thG absGne,e of the, nlayor fr0111 the city or ill Ga5'- of the
rnayol'5 inability to aGt a5 5uGh. In funGtioning a5 nlayor ~hi!G tllG lnayor i5 ab5art from the city on
!Gave, grante,d b, the, Gotlncil or aftGI the Inayor i5 ab5Gnt nOln the city for 30 daY5 or plry5iGally
unable to ftmGtion a5 Inayor fur 30 daY5, the, pre,5ident of tllG council ha5 the, legal po~er5, and i5
5ubje,Gt to the !Ggallimitation5, incident to the, office, of the nlayor.]
(1) Each year, at the first regular meeting of the council, or as soon as
practicable, the council shall choose by ballot one of its members to serve as council president.
(2) The council president shall preside at council meetings when the mayor is
absent.
(3) The council president shallfunction as mayor, with the powers and subject
to the limitations of the office of mayor when the mayor:
(a) is absent from the city on leave granted by the council;
(b) has been absentfrom the city for 30 days or more; or
(c) has been physically unable to function as mayor for 30 days or more.
Exhibit A-I
Section 15. Council - Immunity. No member of the councilor the mayor may be held liable, or
questioned in any other place, for words uttered in debate in the council.
Section 16. City Manager.
(1) (a) The city council shall appoint a city manager and fix his or her
compensation and conditions of employment.
(b) If the office of manager becomes vacant, the mayor shall appoint a
manager pro tem. The manager pro tem shall have all functions of the manager, but may appoint or
dismiss a department head only with the approval of the council. The term of office of a manager
pro tem ends when a city manager takes office.
(c) The manager shall be the administrative head of the city and be chosen
[~ithotrt politiGal cOll5ideration and] solely on the basis of executive and administrative
qualifications.
(d) The manager and such other appointed officers as the council
designates may sit with the council but have no vote therein. The manager may take part in the
discussion of all matters coming before the council.
( e) No councilor nor the mayor may in any manner, directly or indirectly,
by suggestion or otherwise, attempt to influence the manager in the making of any appointment or
any removal of city personnel or in the purchase of supplies, nor may any councilor or the mayor
exact any promise relative to any appointment by a city manager or discuss, directly or indirectly,
with the manager or any candidate for the office of manager any appointment by the manager.
Violation of this section forfeits the office of the violating elected officer, who may be removed by
the councilor any court of competent jurisdiction. The mayor and council may, however, in open
council session, discuss with or suggest to the manager anything pertaining to city affairs and in
executive session discuss matters pertaining to collective bargaining.
(2) The city manager shall:
(a) [prGpMe] propose the [anntlal] budget;
Section 17. Judges. Powers. Procedures.
(1) The city council may appoint one or more municipal judges, for terms and at
salaries it specifies. A municipal judge shall hold court in the city at such a place as the council
directs. The court shall be known as the Municipal Court.
(2) The court may impose sanctions on any person who violates a city ordinance
within the court's jurisdiction, issue process for the arrest of any person accused of any such
violation, commit such a person to imprisonment or admit the person to bail pending trial, issue
subpoenas to compel witnesses to appear and testify on the trial of any cause before the court,
enforce obedience to the subpoenas, and issue process necessary to carry into effect the judgment
of the court.
(3) All proceedings in the municipal court shall be governed by the general laws
of the state governing justices of the peace and justice1s courts, except as city ordinance prescribes
to the contrary. [A IntmicipaljudgG ha5 the jtlri5diGtion and autholity ofajusticG of the pGace in and
fOl LanG County, in both civil and Grilninal nlattGI5, and ~hGn eXGlci5illg tl.lat jUlisdiGtion and
atltl.lority i5 5ubjGGt to thG gGnGralla\l'v5 ofthG state pre5Gribing tl.le dtrtiG5 of aj tl5tiGe ofthG peace and
the 11l0de of pc.rforming thGlll.] In civil and criminal matters, a municipal judge has the
Exhibit A - 2
jurisdiction and authority prescribed by city ordinance, subject to the general laws of the state.
Section 18. Compensation.
(1) Beginning on July 1, 2001, the mayor shall receive a stipend of $1,500 per
month and the city councilors shall receive a stipend of $1 ,000 per month.
(2) At the beginning of each fiscal year thereafter, the stipends authorized above
shall be adjusted by a percentage increase or decrease equal to that during the previous calendar year
of the Consumer Price Index (CPI) for the Portland, Oregon area, or its successor. If that Index
ceases to exist, another consumer price index representing substantially the Eugene area shall be
used. In any case, if a consumer price index covering the Eugene area is developed, that index shall
be used in place of the Portland CPI.
(3) The stipends above are in addition to, and not in lieu of, reimbursement for
actual official expenses incurred.
(4) The mayor and councilors shall receive no fringe benefits except those
required by state law, but the mayor and councilors may purchase health insurance from the city
health insurance plan.
(5) The compensation of other appointed officers shall be prescribed by council.
Section 20. Election. Immediately after the votes at any municipal election have been canvassed,
the [Git, offiGeI in GhMgG of adlllini5tGIing dCGtion5] city manager or designee shall issue a
certificate of election to each person declared by the canvassers to have been elected [at tile dCGtion
a cGrtifiGatG of dcction]. The certificate shall be prima facie evidence of the facts therein stated, but
the city council shall be the judge of the election and qualifications of the mayor and councilors, and
in case of a contest between two or more persons claiming to be mayor or councilor, shall determine
the contest.
Section 23. [Offke~ - V acalIde~. An office be,colne~ vaGant npon its llIcumbent'~ ckatll,
renloval from tIle dty, IGslgnatiol1, 01 cea~llIg to be, a quallflcd dect01 ofthG dty. An
electi vG offke bccolnes vacant ~llelIevGr its ilIcuinbe,nt is absGnt fOHn the elty for a peliod of tlllHy
days, Gxcept that tile coulIcll nlay giant tile lnculnbGnt a !GavG of ab~GlICG of not iHOrG than 111nGty
days. An officG of coundlol inay bG dedarGd vacant ~hGlIGvei its IncunmGnt falls to attGnd t~o
conscGuti ve regular meetings of tile coulIcll, unlc'~s absent tlpon leave of tllG coulIcll fliSt obtainGd,
01 ~IIGlle~cr thG incUlllbe,lIt ieinOvG5 lli~ or IIGl resldGl1GG froiH the ~ard froIn ~llkll he or 51le is
dCGtcd.]
Vacancies: Occupancv. The office of mayor or office of city councilor becomes
vacant:
(a)
Upon the incumbent's:
1. Death;
2. Adjudicated incompetence;
3. Recall from office;
4. Resignation from office.
Upon declaration by the council of the vacancy in case of the
(b)
incumbent's:
1. Failure, following election or appointment to the office, to
qualify for the office within ten days after the time for his or her term of
office to begin;
Exhibit A - 3
2. Absence from the city for 30 days without the council's
consent or from all meetings of the council within a 30-day period, without
the council's consent;
3. If a councilor, ceasing to reside in the ward from which
elected; if the mayor, ceasing to reside in the city;
4. Ceasing to be qualified elector under state law; or
5. After election, conviction of an offense pertaining to the
office.
Section 25. Collective Bargaining.
(1) City employees shall have the right to self-organization; to form, join, and
assist labor organizations; and to bargain collectively through representatives of their own choosing
with respect to wages, hours, and other terms and conditions of employment.
(2) The city manager shall bargain collectively on behalf of the city council with
the representatives of city employees in an appropriate bargaining unit upon request of their certified
bargaining agent.
(3) The council shall prescribe by ordinance collective bargaining procedures to
protect the city, the employees, and the public in general. In so doing, the council shall provide for:
( a) impartial ordinance administration and enforcement of the ordinance;
(b) resolution of interest-impasse disputes;
(c) as to employees who are employed in police or fire service, a binding
award by a neutral third party resolving an interest-impasse dispute;
(d) equal sharing of neutral third-party costs by parties to an
interest-impasse dispute;
(e)
(f)
(g)
bargaining agreements.
employee rights;
employer rights; and
procedural finality that does not obstruct funding of collective
Section 26. Liability for Unauthorized Expenditures.
(1) A city officer or employee who participates in, advises, consents to, or allows
any tax, assessment, or other money of the city to be diverted to any purpose other than the one for
which it is assessed, collected, raised, or levied is guilty of malfeasance in office and removable from
the office or position therefor as provided by law.
(2) Anyone holding, in good faith and for a valuable consideration, any void
evidence of debt against the city shall have the right of a personal action against any and all members
of the councilor the members of any department of the city who voted for, approved of, or directed
its issuance.
(3) If any tax, assessment, or other money is diverted from the purpose for which
it is assessed, collected, raised, or levied; or if any money is unlawfully used; or if any void evidence
of debt is paid, any qualified elector or taxpayer of the city shall have the right of a civil action, in
the name of the city, against any officer or employee voting for, approving of, or in any way directing
the diversion, unlawful use, or void payment, for the recovery of the amount, with interest, for the
benefit of the city.
Section 29. Attestation and Approval. Upon the adoption of an ordinance, [a bUG duplicatG
Exhibit A - 4
oIiginal thGIGOf] it shall be submitted to the mayor. If the mayor approves the ordinance, the mayor
shall endorse the approval thereon with the date of the approval and sign the ordinance officially.
Section 31. Overriding of Veto. At the first meeting of the council after the mayor returns an
ordinance not so approved, the city manager shall present the ordinance to the council with the
objections of the mayor[;]. [t]The ordinance shall then be put upon adoption again, and if two-thirds
of all members of the council vote in favor of the ordinance, it takes effect in accordance with
Section 32 of this charter.
Section 33. Wards. The council shall [dividGd] divide the city into wards and redefine the
boundaries thereof as necessary to accord persons in the city the equal protection of the laws. No
person may vote at a city election in a ward other than that in which he or she resides.
Section 34. Voters' Oualifications. No person may vote in [at] a city election [~ho i5 not a
qualificd vOte.I of the 5t(1te 01 ~ho ha5 not Ie5idGd in the Gity for tilirty da'5 llGxt pIcGcding the
dGGtion. "No peI50n may vote, fOI an officeI to bG dCGtGd undGI thi5 GhattGI by ~aId ~ithont having
I G5idcd in the. \l'vat d fOI thirty day 5 nGxt pI cGcding thG dGGtion.] unless the person is a qualified voter
of the state, and has resided in the city for the length of time that state law requires a person to
reside in the state to vote in a state election. No person may vote for an officer to be elected under
this charter by ward unless the person has resided in the ward for the same length time required
in the preceding sentence for a person to vote in a city election.
Section 35. Notice. The [officeI in Ghatge, of Gity dCGtion5] city manager or designee shall [give
ten day 5' publiG notice of GaGh Gity election] distribute information regarding officers to be elected
and measures to be submitted ten days prior to the distribution of ballots. [The notiGG 5hallstatG
thG offiGeI5 to be deGtGd and the mGa5tlIG5 to be 5ubmittcd at thG dcction.] The notice shall also
state the [plaGe5 fOI thG dCGtion] ballot drop sites.
Section 37. Procedure. 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, except that if a remonstrance is filed against improvement or
repair of a street or alley and is signed by the owners of a majority of the parcels that would be
assessedfor the repair or improvement, [a rnajolity of the 0~nGI5 of the pIOpGIty abutting on the.
stl CGt 01 allG, ,] no contract for the improvement or repairs may be let until the city council
reconsiders the necessity of the improvement or repair. If, after the reconsideration, two-thirds of
all councilors vote for the improvement or repair, [and thG ma,OI again appl0ve5 the. ilnprOve111Gnt
01 IGpaiI], contracts for the improvement or repair may be let as if no remonstrance had been filed.
Section 40. Liens. The docket of city liens is a public writing, and the original or a certified copy
of any matter authorized to be entered in the docket shall have the force and effect of a judgment.
When the council has authorized an improvement, and an assessmentfor it is entered in the city's
lien docket, the assessment becomes a lien against the property so assessed. [PIom the. timG OftilG
GotmGil'5 atrthorlzation of thG impIovelllcnt on aGcount of ~hiGh an a55e55nlGnt i5 enteIed in the
dOGkct, tile 5uln 50 GntcI cd i5 a liGll again5t thG pI OpGIty .] The lien has priority over all other liens
and encumbrances upon the property and may be enforced in the manner authorized by the city
council.
Exhibit A - 5
Section 42. Skinner's Butte Park.
(1) The property commonly know as the "Butte Property," with boundaries as
described in a charter amendment adopted by the voters of the city April 5, 1915, is hereby dedicated
to the public forever as a public park.
[(2) ThG GOnGIete GI055 on tllG south 510pG ofthG butte 5hall IGlualn at that 10Gation
and in that fonn a5 pIOpGl'ty ofthG Gity and i5 herGb, dedicated a5 a 111GnlOIial to thG vGteIc11l5 of all
~at5 in \l'vhiGh the United Statc5 ha5 pa11iGipatcd.]
Section 43. Franchises.
(1 ) The city council may grant a franchise or amendment thereto [or a11J other
pi eI ogati v e of 50 v GI Gignty ] only by ordinance. Before adopting any such ordinance the council shall
publish notice of its intention to do so [not k55 than once a ~GGk fuI th1eG GonsGGnti vG ~cek5 in one
01 InOIe nG~5papGI5 of gGnGlal GiIGulation plintGd in thG Gity. ThG notiGe 5hall 5tate the sttb5tanGe
of thG pIOp05Cd oIdinallGe, induding the na1ne of the glantce The oIdinatlGG 5hall be, IGad,] in a
manner authorized by Section 28 of this charter [ at t~o con5eGnti vG IGgulatlnGeting5 oftl.lG counGiI
befuIe it i5 pa55ed]. Any applicant for such a franchise [01 Otl.lGI preIogati ve of 50 veIGignty] shall
pay in advance the expenses of publishing the notice. Any franchise granted by the council shall
assure adequate service to city residents and shall require the franchisee to pay the city adequate
compensation in the form of a percentage of the gross income from the franchise, or in an
alternative form acceptable to the council, in amounts sufficient to cover present value and future
development ofthefranchise. [1io fratlGhi5G may bG granted, GxeGpt upon SUGh tGIn15 a5 5CGtl1e to
the Gity adequate 5Gl viGG and adGquatG eOnlpGn5ation b, GxaGting 5uGh a pGICGntagG of thG gI055
inconle fIom thG fratlGhisG or plGIogativG a5 i5 adequate to GOveI pIe5Gnt valnG atld future
devdopmGnt.]
(2) In the acquisition by the city of any public utility the price to be paid by the
city shall exclude the value of any franchise [01 othGI pIGIogati vG of 50 v Grcignty ] granted by the city
and connected with the utility. All ordinances granting franchises [01 o&eI pIGIogati vG5 of
50 v GI Gignty] shall do so subj ect to the provisions of this section.
(3) The council may not grant an exclusive citywide franchise to haul solid waste.
Section 45. Eugene Water & Electric Board - Short Terms Loans.
(1) The Eugene Water & Electric Board may borrow [fr Olll any bank or banks] under
short term loans or other evidence of indebtedness of a duration of less than one year, and at such
rates of interest and terms of repayment as in the judgment of the board is expedient for the use of
the board in the conduct and maintenance of the water, [and] electric and telecommunications
utilities of the city, provided that the total amount of such indebtedness of the board not at anyone
time exceed five percent of the board's retained earnings at that time. Proceeds from anyone
borrowing may be used only in the conduct and maintenance of a single utility, and only revenues
from that utility may be pledged or used to pay the principal, interest and costs associated with the
borrowing.
(2) To secure the payment of any such loan the board may pledge as collateral such
assets under the control of the board as are available therefor and as the board deems it expedient
so to pledge.
(3) The indebtedness authorized by this section is in addition to all other
indebtedness authorized for the city.
Exhibit A - 6
Section 48. Presumption of V alidity of City Action. In every proceeding in any court concerning
the exercise or enforcement by the city or any of its officers or employees or agencies of any power
by this act given to the city or any of its officers or employees or agencies, all acts by the city or any
of its officers, employees or agencies shall be presumed to be valid, and no error or omission in any
such act invalidates it, unless the person attacking it alleges and proves that he or she has been
misled by the error or omission to his or her damage; and the court shall disregard every error or
omission which does not affect a substantial right of the person. Any action by this charter
committed to the discretion of the council, when taken, shall be final and shall not be reviewed or
called into question elsewhere.
Section 49. Scrivener's Errors: RenumberinJ! of Sections. By ordinance, the council may
correct scrivener's errors and may re-number and change the sequence of sections in this charter.
[Repeal.
(1) ThG GhartGI oftilC Gity gIantGd b, thG OIGgon Legi51ativG A55embl, a5 ChaptcI
252, OIGgon La~5 1905, and all additio115 and atllGndmGlrt5 theIGto, GxeGpt amendlUGlrt5 Gonuning
bond-i5suing pO~Gr that ha5 not bCGn exhau5tGd, ate IlCleby IGpeakd, but the follo~ing SeGtio1l5 of
thi5 IGvi5Cd GhallGI IGpIe5Glrt Gontintlation5 of tile follo\"Ving 5cGtion5 of the. 1905 GhaItGI and
atnGlldmGlrt5 and addition5 tilCIGto, a5 indiGatcd b, thG follo~ing table.
RG v i5Cd ChatieI 1905 Chattel
2 1
3 2
4 3
5 4
6 7
7 6
9 43
10 36
11 44
12 13
13 33
14 35
15 45
16 1~0
17 10
10 34
19 11
Rn ised Chal tel 1905 Chal tel
20 27
21 29
22 20
23 31
24 40
25 1970 collective bargaining
amendment
26 49
Exhibit A - 7
27
29
30
31
32
33
34
35
36
37
30
40
41
42
43
44
45
40
41
15
16
17
1~9
123
26
30
32
51
57
SO
1972 freeway amendment
153
20~
112
212
117
(2) No iGpGal of a featuiG of thG 1905 chaitGr or any aiuGndulent or addition thGiGto
tllat ha~ rcpe,akd all GarllGi 5uch featurG iGvi vG~ the Gailiei.
(J) No rGpeal of a fGatuie of thc 1905 "haitGi 01 all anlendlHent or addition thGieto
affGcts thG validity of all out~tanding bond is~uGd by the city 01 iUlpairs the obligations of thG dty
undei thG bond Oi tIle rlgl.ts of thG holdGi ~ of thG bond.]
Section 50. Effective Date of Revision. The 2002 amendments to this revised charter [lla~ IGgal]
take effect on [July 1,] December 5,2002 [and aftGi Ap1l11, 1977, GXcGpt that Section 25 has effect
011 and anei SeptGiubei 22, 197G].
[SGction 51. Alnendluent I.
(1) ThG city councillnay not kvy a pioperty tax f01 gGnGial city opGration~ for a
fiscal YGal unlc~5 tIle vOtGi~ of thG city applovC thG tax ~pcdfieally f01 that yGar, excGpt that, to the
cxtGnt the tax is levied to financG ail app10ptlation for tllat YGar iCCOm1UGndGd in thG city budgGt by
t~o-tlll1ds of thG budgGt cOHuuitteG, thG coundl1uay kvy thG tax \1Vithout tllat voter app10val.
(2) ThG dty council1uay not levy a p10peity tax for gencral city OpG1ations of mOie
than
(a) $14,000,000 f01 fiscal yeM 1980-81,
(b) $16,500,000 fa1 fiscal YGM 1981-82,
(G) $19,000,000 f01 fiscal YGM 1982-8J, n01
(d) the city'S tax basG undGi Artiek XI, sGctlon 11, of thG 01Ggon
Constitution f01 a fiscal YCM aftGi JunG JO, 198J.
(J) ThG p1ecGding llnutations do not apply to a prOpGity tax
(a) to iGti1G bond pllildpal Oi intGrcst,
(b) to finahcG an i1uprovenlcnt Oi sei vice in a special di~t1ict ciGated by the
city council,
Exhibit A - 8
(G) kvlGd sGlially f01 Gapitell acqul~ition, constiuGtion, 01
Icconst1uctioll spcdfkelll} atlthorized by thG vOtG1S, 01
(d) authollzed by nOllGhaJ.tG1 lllGelStlre applovcd by tllG vote1~ elite1 the}
app10\-G this afnenchllGnt.
(4) This alYJ.GUdlllGut has GffGct only if the \-otGl~ approvG Dallot 1-fcastlrG No. 52 on
1-lay 20, 1980.]
Section 52. Amendment II
(1) Trees (a living, standing, woody plant having a trunk 25 inches in
circumference at a point 4 Y2 feet above mean ground level at the base of the trunk) of at least fifty
years of age within publicly owned rights of way for streets, roads, freeways, throughways, and
thoroughfares and within those portions of the city which were in the incorporated boundaries of the
city as of January 1, 1915, shall be designated historic street trees and recognized as objects of high
historic value and significance in the history of the city and deserving of maintenance and protection.
(2) No street, road, freeway, throughway, or thoroughfare may be widened by the
city, nor may the city enter into any agreement approving or facilitating the widening of such street,
road, freeway, throughway, or thoroughfare if such widening will result in the removal of any
historic street tree unless the widening is first approved [my] by a majority of the voting electors of
the city in a city election conducted in accordance with law and unless the agreement is entered into
within a time specified by the measure approved by the voters.
(3) The city may, however, without prior approval, assist in the preparation of
preliminary plans and specifications, and statements of impact necessary for obtaining financial
assistance for the street, road, freeway, throughway, or thoroughfare widening, all of which shall be
available to the public at the city hall prior to the election on the street, road, freeway, throughway,
or thoroughfare widening which would result in the removal of historic street trees.
(4) Prior to the election, a map and description of the proposed widening and
removal of historic street trees shall be published at least once a week for four (4) consecuti ve weeks,
in the newspaper with the largest general circulation published in the city. .
(5) Street, road, or thoroughfare widening projects confined to intersections only,
and intended to improve those intersections shall be exempt from the requirement for approval by
the voting electors of the city for the removal of historic street trees.
(6) In the event an historic street tree is to be removed in order to widen a street,
road, freeway, throughway, or thoroughfare, the city, if it is the governmental unit implementing the
project, shall allocate a portion of the project budget to a fund dedicated to helping maintain the
city's remaining historic street trees. If a governmental unit other than the city is implementing the
widening project, the city may not enter into any agreement approving or facilitating said widening
project unless the implementing governmental unit agrees to allocate a portion of the project's budget
to a fund dedicated to helping maintain the city's remaining historic street trees.
(7) Any officer or employee of the city or of any public utility may act to remove
an historic street tree if necessary to remove or alleviate an immediate danger to life or property; to
restore utility service; to reopen a public thoroughfare to traffic; or to remove obstructions to the
view of vehicular operators at intersections.
(8) An emergency is hereby declared to exist and this charter amendment, being
enacted by the city in the exercise of its police power for the purpose of meeting such emergency,
and for the immediate preservation of the public peace, health, and safety, shall take effect
immediately upon approval by the electors of the city of Eugene and shall supersede any and all
Exhibit A - 9
actions of the city authorizing, approving, or facilitating the widening of any street, road, freeway,
throughway, or thoroughfare which would result in the removal of any historic street tree.
[SGct1on 53. Aluend111ent III.
1vleasl.uG. ThG City of DugGne dOG~ oldaill as follo~~.
DG it cllacted by tIIG deGtOl~ of thG City of DUgGHG, that thG Cha1 tel of thG City of DugGnG is hGIGby
alllGnded to add thG followillg plovi~ions thGlGto.
SGction 1. It is IIGIGby detGllililled that tllc V/lllaniette and Droad\'Vay StlCGt pcdGsb~an 1ualli~ an
aSSGt to the Clty of DtlgGnG's do\'Vnto~l1, tllat It is ill thG ptlblle intGlGst and convell1enGG that the
pedestllanlliall bG enhancGd and rnaintalncd a~ a \1Ghkular traffic-flee niall, and that tllG eAi~ting,
nGt~olk of ~trCGts and alkY5, ~Gtback chi ve~ay~ and dilcctional ~igns can pl0vldG the nGce~saly
11ln1tGd baffic access to the niall.
Section 2. TIIG pGde~trlan 1uall Gstablished on tIIG follo~ iug, city ~beGt~, 01 pOltion~ thGlcof, shall
rGl11a~n a pedestllau 1uall dosed to vchkula1 baffic, excGpt E01 ptlblk c1nc1gellCy and utility vellkle~,
unk~~ thG C1cCtOl~ of tile City of Dug,Gne vote, to opGn thG ~beGt~ to v(,hkulal baffk ill a pllrna.y
ekctioll, g,Gneral dectiou 01 ~pccial dection lldd on a datG be,tvvcGn Labol Day of one year and
1vle1ilollal Day of thG follo~ing yGal.
'vVillalllGttc StleGt f10nj thG South nlargin of 8th to the North llla1g,in of TGnth AvelIne,
Droadway AvClltlG floln thG Da~t lua.gill of CllaulGlton StIGGt to tllG 'llest 1Halgin of Oak
SbGct,
SGction 3. No additlonalllnuted vGhiculal baffic aCCGS~ onto 'vVillalllettc SbcGt bGtvvcGn 8th and
10th, alld onto DIOadway bet~GGn Cha.ndton and Oak ~ill bG allovvGd unlGs~ approved by tile
deGtol~ a~ pl0vldGd in SGction 2.
Section 4. Any oldiuanGe adopted by the govGlning body ofthc City of DtlgGne aftGr Atlgust 1, 1990
and pliOl to thG effGctive date of thi~ anlGndInGnt and \'Vllkh autholiz;G~ the opGning to vdllCulal
baffk of thG sbGGt~ dcsclibGd ill SGctiolI 2 is herGby lcpGakd. TIle sbeGt 01 stlGet~ Inay not be, USGd
by vGhkular baffle until applovcd by tIle dGctor~ a~ provided in Section 2.]
Section 54. Amendment IV
The City of Eugene Charter is hereby amended as follows:
ARTICLE I - FINDINGS AND STATEMENT OF LOCAL PROBLEM
Section 1 The people of Eugene do hereby find that:
A. exposure to toxic chemicals can damage human health and the environment;
and
B. citizens have a fundamental right to know the identity and amounts of toxic
chemicals that are released into the workplaces, air, water, soil, and
environment of their community.
ARTICLE II - SCOPE
Section 2.1 Facilities covered by this [*ct] Section.
A. Except as exempted in Section 2.2, this [*ct] Section shall apply to facilities
Exhibit A-I 0
within the City of Eugene that are:
1. within the Standard Industrial Code categories #20 - #39, inclusively
as listed in Standard Industrial Classification Manual (Office of
Management and Budget, 1987);
2. solid waste incinerators that accept infectious waste; and
3. hazardous waste disposal incinerators.
Section 2.2 Facilities exempted by this [:t\ct] Section. This [:t\ct] Section shall not apply to:
A. state and federal facilities; and
B. public educational institutions.
ARTICLE III - DEFINITIONS
Section 3 As used in this [:t\ct] Section, the following definitions shall apply:
A. "Extremely hazardous substance" means all substances listed in Section [36]
302 of the Emergency Planning and Community Right-To-Know Act (42
USC 11002) as of the effective date of this [AGt and any sllb~tancGs adckd to
the list ~t1b~cquGnt to thG effecti vC date of t1li~ Act] Section. If a substance
is added to or removed from the federal list of reportable substances under
section 302 of 42 USC 11002, the Toxics Board may recommend to the City
Council that the substance be added to or removed from the definition of
"extremely hazardous substance" in this Section. The council may remove
a substancefrom the definition only if the Toxics Board has recommended
its removal.
B. "CAS number" means the identification number assigned to a substance by
the Chemical Abstract Service.
C. "Chemical Name" means the scientific designation of a substance in
accordance with the nomenclature system developed by the Chemical
Abstract Service.
D. "Facility" means all buildings, equipment, structures and other stationary
items that are located and operated on a single site or on contiguous or
adjacent sites and that are owned or operated by the same person(s) and relate
to a common product or service.
E. "Hazardous substance" means:
1. any substance listed or described, as of the effecti ve date of this [:t\ct]
Section, on any of the following lists of chemicals regulated or
identified as of concern:
(a) Section 112(b) of the Clean Air Act(CAA) as amended in
1990 (Hazardous Air Pollutants); 42 USC 7412(b);
(b) Section 602(b) of the CAA (Class II ozone depleting
substances); 42 USC 7671a.(b);
(c) Section 307(a) of the Clean Water Act (CW A) (Priority
Pollutant List); 33 USC 1317(a);
(d) U.S. Environmental Protection Agency Active Ingredients,
including Special Review, CanceledlDenied or Suspended,
and Restricted Use Pesticides, pursuant to the Federal
Exhibit A-II
Exhibit A - 12
Insecticide, Fungicide and Rodenticide Act (FIFRA; 7 USC
136 et seq.);
(e) U.S. Environmental Protection Agency List 1 Inert
Ingredients of Pesticides ("Inerts of Toxicological Concern"),
pursuant to the Federal Insecticide, Fungicide and
Rodenticide Act (FIFRA; 7 USC 136 et seq.);
(f) Section 102 of the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA); 42 USC 9602;
(g) Section 3001 of the Resource Conservation and Recovery Act
(RCRA; 42 USC 6921) and chemicals listed at 40 CFR
261.33 (e) and Appendix VIII.
2. any substance which, if it were in a container, would possess the
characteristics of a hazardous waste, as defined in 40 CFR 261.20
through g261.24, authorized by RCRA;
3. radioactive waste and material as defined in ORS 469.300 and
radioactive substance as defined in ORS 453.005;
4. any substance, regardless of quantity, required to be reported pursuant
to Section 313 of the Emergency Planning and Community Right-to-
Know Act (EPCRA); 42 USC 11002; or
5. [any substances added, subsequent to the GffeGti vC datG ofthi~ AGt, to
tIIC lists dcscribed in ArtIcIG III(U)(I) and III(U)(4) of tIli~ Act.] If a
substance is added to or removed from the lists described in Article
Ill, Section 3 E.l. or E.4. of this Section, the Toxics Board may
recommend to the city council that the substance be added to or
removed from the definition of "hazardous substance" in this
Section. The council may remove a substance from the definition
only if the Toxics Board has recommended its removal.
F. "Hazardous substance user" means: the owner and/or operator of a
commercial or public facility that is stationary within the boundaries of the
City of Eugene and that:
1. has a total input of more than 2,640 pounds of hazardous substances
during a calendar year;
2. employs ten or more full-time equivalent employees;
3. is not exempted pursuant to Section 2 .2.
G. "Input" means the sum of the following categories of each hazardous
substance:
1. inventory at the facility at the beginning of the accounting period;
2. waste stored at the facility at the beginning of the accounting period;
3. quantity produced at the facility; and
4. quantity brought to the facility.
H. "Materials balance" means an accounting of the flow of indi vidual hazardous
substances into a facility, through its processes, and into its products and
wastes such that inputs equal outputs of each hazardous substance to the
accuracy of the smallest accounting units (Article III(K)) for each hazardous
or extremely hazardous substance.
7.
-,
I.
"Output" means the sum of the following categories of each hazardous
substance:
1. quantity [consullled] chemically altered in the facility's processes;
2. quantity shipped from the facility in product;
3. quantity transferred away from the facility as waste;
4. waste stored at the facility at the end of the accounting period;
5. quantity emitted to the air;
6. quantity discharged into publicly treated sewage;
7. quantity released into surface waters;
8. quantity eliminated through treatment at the facility;
9. quantity eliminated through energy recovery at the facility;
10. quantity disposed on-site; and
11. inventory at the facility at the end of the accounting period.
"Person" means an individual, corporation, partnership, trust, association, the
City of Eugene, or any officer, agent, or employee thereof.
"Smallest accounting unit" means 2.2 pounds of a hazardous substance; 0.022
pounds of an extremely hazardous substance.
"Trade secret information" means information which is exempted from
disclosure as a trade secret pursuant to any Federal or State law including but
not limited to 42 D.S.C. 11042(b) of the Federal Emergency Planning and
Community Right to Know Act.
J.
K.
L.
ARTICLE IV - RESOLUTION
Section 4 Be it resolved and ordained by the people of Eugene that: all hazardous substance
users in Eugene shall file an annual, public, materials balance report listing inputs
and outputs of all hazardous substances obtained, used, or generated.
ARTICLE V - HAZARDOUS SUBSTANCES PUBLIC REPORTING
Section 5.1 Materials balance reporting
A. Materials balance reports shall indicate the weight in pounds of hazardous
substances in each of the categories enumerated in Article III(G) and III(I).
B. Each hazardous substance shall be designated by full chemical name and
CAS number.
C. All materials balance reports shall be filed electronically on forms provided
by the Toxics Board as defined in Section 6.1 of this [Act] Section. These
completed forms shall be compatible with the Eugene Public Library's
computer system. These forms, common to all reporting entities, shall be in
an easily understood format for both the reporting entity and the public.
D. An authorized representative of the reporting facility shall file a signed
declaration with the Toxics Board certifying that the facility has filed the
report and that it is accurate and complete.
E. The materials balance reports shall be filed by April 1 of each year for the
previous calendar year.
F. The repository for all materials balance reports shall be the Eugene Public
Library, where they shall be readily accessible by the public for seven years
Exhibit A - 13
after reporting. Reports older than seven years shall be archived by the City
Recorders Office.
Section 5.2 Reporting related to trade secret chemicals.
A. If a claim of trade secrecy is made by any hazardous substance user for one
or more hazardous substances, that user must:
1. file with the Office of the Fire Marshal a notarized report
documenting that the hazardous substance is comprised of a
substance which satisfies all conditions of the definition of trade
secret information as found in Article III(L). A separate report must
be filed for each trade secret chemical. The notarized report shall be
on file with the Fire Marshal prior to commencement of procurement
or production of each trade secret chemical.
2. file with the Toxics Board, on a form provided by the Toxics Board,
notification of each trade secret report filed with the Office of the Fire
Marshal.
3. file with the Toxics Board, on a form provided by the Toxics Board,
an aggregate materials balance account for all trade secret hazardous
substances, if trade secrecy is claimed for more than one hazardous
substance by any hazardous substance user. This report shall be filed
by April 1 of each year.
4. file with the Toxics Board, prior to April 1 of each year, an annual,
public report prepared by a qualified independent auditor, on a form
supplied by the Toxics Board, which reports:
(a) whether the hazardous substance user has taken and is taking
the greatest possible precautions in its use of each trade seCret
hazardous substances; and
(b) whether or not there are, for each trade secret chemical,
technological options available for using alternative processes
or chemicals that likely are more protective of workers, the
community, and natural resources.
B. The repository for the annual public reports on use and alternatives to use of
trade secret chemicals shall be the Eugene Public Library, where the reports
shall be readily accessible for seven years after reporting. These completed
forms shall be readable by the Eugene Public Library's computer system.
Reports older than seven years shall be archived by the City Recorders
Office.
ARTICLE VI - ADMINISTRATION OF HAZARDOUS SUBSTANCE REPORTING
Section 6.1 Appointment of the Toxics Board
A. The City Council shall appoint a Toxics Board of seven people to enforce and
implement this [:Act] Section.
1. Three members shall be appointed who are employed by or are agents
of "persons" required to report under this [:Act] Section.
2. Three members shall be appointed who are not employed by or are
Exhibit A - 14
not agents of "persons" required to report under this [Act] Section,
and who have a demonstrable record of advocating for the public's
right-to-know.
3. One member shall be nominated by a two-thirds majority of the six
appointed members.
B. [ThG To:x.1cs DOaid shall bG appointed within t~o Inontll~ of passagG of thi~
AGt, and any] Any vacancies in the membership of the Toxics Board shall
be filled, so as to maintain the balance set forth in Section 6.1 (A), within two
months of the creation of a vacancy.
C. Term of Office:
1. The term of office shall be three years, except that two members, one
from Section 6.1(A)(I) and one from Section 6.1(A)(2), of the first
Toxics Board shall be appointed to serve a first term of one year;
three members, one each from Section 6.1(A)(I), 6.1(A)(2) and
6.1(A)(3) shall be appointed to serve a first term of two years; and
two members, one from Section 6.1(A)(I) and 6.1(A)(2), shall be
appointed to serve a first term of three years. No member shall serve
more than two consecutive terms.
2. Beginning in 2003, the terms of members of the Toxics Board shall
conform to those of the standing committees to the City Council as
defined by and set in the City Code.
Section 6.2 Responsibilities of the Toxics Board
A. The Toxies Board shall, within three months of appointment of the sixth
member, supply forms for materials balance reports and audits of precautions
taken during use and alternatives to use of chemicals for which the trade
secrecy reporting exemption has been invoked.
B. The Toxies Board shall annually:
1. recommend the fee structure necessary to implement this [Act]
Section;
2. establish the qualifications necessary for a person to independently
audit precautions used with trade secret chemicals, and independently
audit the existence of technological alternatives that likely would be
more protective of the environment, as required in Section 5.2(A)(4);
and
3. file a public report on the effectiveness of implementation of this
[Act] Section, and any recommendations for improved
implementation of this [Act] Section.
C. By May 1 of each year, the Toxics Board shall report to the Fire Marshal the
names of any hazardous users in non-compliance with the requirement to file
materials balance reports.
D. The Toxies Board shall cause to be published a notice listing the names of
non-complying entities in a daily newspaper with general circulation in the
city of Eugene by June 1 of each year.
E. The office of the City Fire Marshal shall investigate all credible evidence that
Exhibit A - 15
hazardous materials balance reports or trade secret chemical reports are not
being filed in compliance with this [:Act] Section.
F. The office of the City Fire Marshal shall audit the accuracy of the reporting
processes of each hazardous substance user in an order such that all
hazardous substance users are audited in a random order at least once every
three years. Companies to be audited shall be given an advance audit
notification of no more than one month.
G. The Toxics Board shall certify the qualifications of independent auditors who
will audit the precautions used by hazardous substance users with trade secret
chemicals and the technological options available for more protective
alternatives. Documentation for certification of the qualifications of each
auditor shall be public information.
H. For the purposes of complying with Section 5.2(A)(4), hazardous substance
users may hire only independent auditors certified by the Toxics Board
pursuant to Section 6.2(G).
Section 6.3 Responsibilities of the City Manager
The City Manager shall consult with the Toxics Board in order to jointly determine
the appropriate support services that shall be provided to the Toxics Board by City
employees for the implementation of this [:Act] Section. As set forth in Article
VII(A), the cost of these support services shall be paid by fees collected pursuant to
this [1\ct] Section.
Section 7
D.
A.
ARTICLE VII - FEES
Each hazardous substance user shall pay an annual fee to the City of Eugene,
sufficient to jointly cover the implementation of this [:Act] Section, including
expenses incurred by the Eugene Public Library, Fire Marshal, City of
Eugene and the Toxics Board.
In order that this [Act] Section be self-supporting through hazardous
substance user fees, the fee amounts shall be recommended annually by the
Toxics Board and approved and amended as necessary by the Eugene City
Council.
All fees due under this [Act] Section shall be paid by May 1 of each calendar
year.
The operational budget for implementing this [Act] Section prior to the first
collection of fees as set forth in Article VII shall be paid for out of City of
Eugene general funds. The operational budget thereafter shall be funded
wholly by hazardous substance user fees.
B.
C.
ARTICLE VIII - ENFORCEMENT
Section 8.1 Toxics Board enforcement and judicial review
A. In the event of noncompliance, the Toxics Board shall have the authority to
enforce the reporting requirements of this [1\ct] Section and impose penalties
as set forth in Section 8.2.
B. Any person may appeal a Toxics Board decision to the Circuit Court of Lane
Exhibit A - 16
County, pursuant to the procedures providing for a writ of review (ORS
34.010) or a writ of mandamus (ORS 34.105).
Section 8.2 Penalties
A. Any hazardous substance user or person who violates this [Act] Section shall
be subject to a penalty not less than $250 per day and not greater than
[$25,000 pGl day] the maximum penalty allowed by state law.
B. Each day that a violation continues shall be considered a separate violation
subject to civil penalties. A violation occurs when a regulated entity fails to
file a complete and correct report on or before the day the filing of a report
is required.
C. In determining the appropriate amount of the penalty, the following shall by
considered:
1. the likelihood at the time of the noncompliance that harm would arise
from the violator's noncompliance;
2. the degree of the violator's awareness of that likelihood;
3. the profits reasonably related to the violator's non-compliance;
4. the duration of the non-compliance and any concealment of it;
5. the attitude and conduct of the violator upon discovery of the
concealment;
6. the number of previous violations by the specific violator of this [Act]
Section;
7. the financial condition of the violator;
8. the total deterrent effect upon the specific violator at issue and other
potential violators; and
9. other penalties paid by the specific violator for the specific violations
at issue.
D. Any penalties imposed under this Section or Section 8.3 shall be paid to the
City of Eugene for use in implementing this [Act] Section.
E. If a hazardous substance user repeatedly violates this [Act] Section in a
fashion contrary to the public interest, the City Manager shall order that
hazardous substance user to cease and desist using hazardous substances in
the City of Eugene.
F. Nothing in this Section is intended to restrict or limit any other enforcement
remedies available, at law or in equity, arising out of the same circumstances
upon which an alleged violation of the [Act] Section may be based.
Section 8.3 Citizen enforcement.
A. Any person may petition to the Toxics Board on her/his own behalf against
a hazardous substance user or person for failure to comply with any of the
terms of this [Act] Section. The Toxics Board shall set forth procedures by
which persons may petition the Toxics Board.
B. The Toxics Board must issue a decision in response to a petition within 45
days of receiving the petition. If the Toxics Board fails to issue a decision
within 45 days, the petition shall be deemed denied on the 45th day for the
Exhibit A-I 7
purpose of exhaustion of remedies and may be judicially reviewed pursuant
to Section8.1(B).
C. The petitioner must notify the Toxics Board and alleged violator ten days
prior to seeking judicial review, except that such action may be brought
immediately after such notification in the case of an action under this Section
respecting an emergency posing a significant risk to the well-being of
workers, people present in the community, or any species of fish or wildlife
or plants.
D. No action may be commenced under paragraph A of this Section if the City
of Eugene has commenced an action to impose a penalty pursuant to Section
8.2 and is pursuing a prompt resolution of that action.
ARTICLE IX - EXCLUSIONS
Section 9
A.
Nothing in this [Act] Section is intended to apply to the government of the
United States or to the government of the State of Oregon, or to the agencies
or political subdivisions of either government.
Nothing in this [Act] Section is intended to restrict, impede, or otherwise
interfere with the exercise of rights guaranteed by the United States
Constitution or the Constitution of the State of Oregon.
B.
ARTICLE X - IMPLEMENTATION
Section 10 Insofar as it is reasonable and practicable to so assume, the provisions of this [Act]
Section are intended to be self-executing. In every other case, however, and any
other provision of the Eugene City Charter or the ordinances of the City of Eugene
notwithstanding, the City Council shall, upon recommendation of the Toxics Board
and without unreasonable delay, enact reasonable ordinances necessary and proper
for carrying into execution the provisions of this [Act] Section.
ARTICLE XI - SEVERABILITY
Section 11 If any section, subsection, paragraph, phrase or word (hereafter the parts) of this
[Act] Section shall be held to be unconstitutional, void, or illegal, either on its face
or as applied, this shall not affect the applicability, constitutionality, or legality of
any other parts hereof; and to that end, the parts of the [Act] Section are intended to
be severable. It is hereby declared to be the intent of this [Act] Section that the same
would have been adopted had such unlawful or unconstitutional provisions, if any,
not been included herein.
ARTICLE XII - EFFECTIVE DATE
Section 12 This [Act] Section shall be in full force and effect 31 days following passage.
Exhibit A - 18