HomeMy WebLinkAboutResolution No. 4734
RESOLUTION NO. 4734
A RESOLUTION CALLING A CITY ELECTION ON NOVEMBER 5, 2002,
FOR THE PURPOSE OF REFERRING TO THE LEGAL ELECTORS OF
THE CITY OF EUGENE A MEASURE AMENDING SECTIONS 28 AND 32
OF THE EUGENE CHARTER OF 1976 CONCERNING THE ADOPTION
AND EFFECTIVE DATE OF ORDINANCES.
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, as well as a general review, of the
Eugene Charter of 1976. 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 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. On July 22, 2002, during a work session, the City Council approved the language
regarding the adoption of, and effective date of ordinances to place before the voters. Both would
be a substantial amendments to the Charter.
D. It would be in the public interest to submit to the legal electors of the City a measure
amending Sections 28 and 32 of the Eugene Charter of 1976, 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 28 and 32 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.
s:~- ~.I~/
Deputy City Recorder
Resolution - 2
EXHIBIT A
MEASURE
Sections 28 and 32 of the Eugene Charter of 1976 are hereby amended 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 28. Adoption of Ordinances.
[(1) Exccpt as subscction (3) of this section providcs for reading by title or bill
mnnber only, and except as subsection (2) of this section provides for imtllcdiatc adoption of
emcrgGncy mGasurGS, an ordinanGG, bcforG bdng finally adoptcd, shall bG fully and distinGtly rcad
in opGn council mCGting on two days.
(2) EXCGpt as sttbsGction (3) of this scction pro v ides for rGading by title, 01 bill
numbGr only, an ordinance neCGssary to IneGt an GmGrgGney 11lay, upon bdng rGad in full and thGn
by title, be adopted at a single nleGting oftIK council by unanilllous votG of all councilors prGsGnt.
(3) Any reading of an oldinanGG for pmpOSGS of adoption may be by titlG 01 bill
mrmber only.
( a) If no councilor pr GSGnt at thG mceting r GqUGsts that thG or dinance be r Gad
in full 01
(b) If for onG WGGk prior to the reading a copy of the ordinancG is pro v idGd
Gadl councilor and copies arG available for public inspGctioll at the officG of thG
lllayor or city manager during rGgulal officG houts and noticG ofthcil availabilit) is
posted at the dt) hall or publishGd onGe in a newspaper of general circulation in tile
city:
(4) An ordinancG adopted aftGr bdng rGad by title 01 bill numbGr only has no legal
effect if it differs substantially from its terms as thGY stand when so read, unless Gaeh section
incorporating such a diffcrGnGe, as finally amended prior to bdng adoptcd by the cotl1icil, is fully and
distinctly rGad in OpGll council nlcGting.]
(1) At any meeting, the city council may direct the city manager to prepare an
ordinance, or the city manager may suggest an ordinance, for consideration at a subsequent
meeting. At least ten working days prior to the council meeting at which the proposed ordinance
is to be considered, notice of the proposed ordinance shall be published in a newspaper of general
circulation in the city and the notice and text of the ordinance shall be posted on the city's web
site. The notice shall include the title of the proposed ordinance and the date, time and place of
the council meeting and shall state that copies of the ordinance are posted on the web site and
available at the city manager's office.
(2) There shall be a public hearing on an ordinance prior to its adoption.
(3) Except as provided in this subsection, an ordinance shall not be adopted
unless it has been considered by the council during at least two meetings. With the unanimous
consent of the council, the council may consider and enact an ordinance at a single meeting if
the council does not amend the ordinance in a manner that modifies its substantive effect.
Nothing in this section requires the council to consider an ordinance at more than two meetings
prior to its adoption.
Exhibit A-I
(4) In case of an emergency, the ordinance shall state in a separate section the
description of the emergency and a finding as to why the emergency cannot be adequately
addressed by the established process in section 28(1). With the unanimous consent of the
councilors present, the council may adopt an ordinance to address the emergency with such
abbreviated notice of the ordinance and council meeting as the council finds to be practicable
under the circumstances.
Section 32. rTiInes oft Effective Date of Or din an ces . [An ordinance takGS effect thiI1y day s aftGr
its adoption by tI1C coullcil and approval by tile mayor or passagG over thG mayor's vGto, UllleSS it is
necessary to havG inunediate ,,ffcct for the prGSGr vation of the peace, hGalth, and safct) of the cit),
states in a SGpalate scction tile rGasons ~h, it is so neGGssatJ, and is appro ved by thG affirmati ve votG
of t~o-thirds of thG membGrs of the Gouncil. In that event it takGS Gffcct immediatdy upon its
adoption by the council atld apPloval by the mayor 01 passagG over his vGto or at whatGvGr
subsequent tiInG the ordinancG spGcifiGs.]
(1) Except as provided in subsection (2) of this section, an ordinance takes
effect 30 days after its adoption by the council and approval by the mayor or passage over the
mayor's veto, or at a later date specified in the ordinance.
(2) With the affirmative vote of two-thirds of the members of the council, the
council may provide for an ordinance to take effect immediately upon adoption by the council and
approval by the mayor or passage over the mayor's veto, or at some other date less than 30 days
after adoption, if the council determines that the earlier effective date is necessary to serve an
important public purpose. An ordinance with an effective date of less than 30 days after adoption
must include a separate section stating specifically why the earlier effective date is necessary.
(
Exhibit A - 2