All ordinances of the City consistent with this Charter and
in force when it takes effect remain in effect until amended or repealed.
[Amended 6-24-1966; 11-27-1972; 7-10-1973; 12-11-1973; 5-28-1974, 11-5-1974. Section
48B repealed 11-3-1998]
The following section of the 1948 Charter as incorporated as
Section 43 of the Lake Oswego Charter of 1964, as amended, is specifically
retained as a provision of this Charter;
Section 2(8), which is hereby amended to read as follows:
to levy an annual tax not exceeding two (2) mills on all of
the taxable property of the City for the purpose of acquiring, operating,
maintaining, and improving children's recreation lots and parks and
providing that the debt limitation contained in this Charter shall
not apply thereto.
The initiative and referendum power and the powers of recall
of elected officers which are reserved to the qualified voters of
each municipality, shall be exercised pursuant to the term of the
Oregon Constitution, the general laws of the State and the terms of
this Charter, or as the City Council may establish by ordinance.
Revenue received by the City from its utilities, including but
not limited to water, sewer, gas, power and light and garbage collection,
shall be used solely for the operation of such utility, retirement
of any debt of the utility, and for its purchase, construction or
expansion. A reasonable reserve may be set aside for the future expansion
of a utility. Monies or property of a utility operated by the City
may not be transferred to the general fund of the City, except monies
in the utility funds to be used to reimburse other City funds for
expenses incurred by such funds in support of the utility operations.
Any fund voted by the people or the Council for a specific purpose
may be used only for that purpose and shall not be transferred or
used for any other purpose, except investment while not in use. Any
income received from the investment of a fund voted by the people
or the Council may be used only for the purpose of the original fund.
Funds from the operation of the municipal golf course and tennis courts
may be transferred to the general fund of the City after the cost
of the operations of those facilities, including debt retirement or
expansion, has been fully paid.
The City Manager shall designate a City Recorder who shall serve
as the Clerk of the Council and shall keep the journal of the Council
proceedings.
A qualified certified public accountant licensed by the State
of Oregon shall be selected by the Council each year to perform an
audit on the accounts and records of the City.
The City Manager, City Attorney and City Treasurer, and such
other persons as deemed necessary by the Council, shall give a bond
in a form and amount determined by the Council. The premiums on such
bond shall be paid by the City.
[Amended 5-20-1980]
Except as authorized by general state laws the City shall not
issue and sell general obligation bonds unless authorized by the consent
of a majority of the voters at an election.
This Charter shall take effect July 1, 1964.
[Approved by voters 11-3-1998,
Section 57 effective 1-1-1999]
A.
Certain Annexations
to be Subject to City-Wide Vote. Prior to annexation of affected unincorporated
territory to the City of Lake Oswego, the proposed annexation shall
be referred to the voters in a City-wide election. No annexation shall
occur unless approved by a majority of electors voting in the election.
The annexation requirements and procedures contained in this section
are intended to be in addition to and not in lieu of any other requirements
for annexation.
B.
Affected Territory.
For the purposes of this Section, "affected unincorporated territory"
means territory located outside of the incorporated City limits, outside
of the City of Lake Oswego Urban Services Boundary and outside of
the Metropolitan Urban Growth Boundary as these boundaries and limits
exist on July 1, 1998, excluding lands designated by Metro, a Metropolitan
Service District of the State of Oregon, as First Tier Urban Reserve
Areas pursuant to Ordinance 96-655E adopted on March 6, 1997. These
areas are shown on Attached Exhibit A, which shall be incorporated
as an Exhibit to this Charter. A decision invalidating Ordinance 96-655E
or amending the boundaries of First Tier Urban Reserve Areas shall
not change the boundaries of the "affected unincorporated territory"
as designated herein.
C.
Exceptions
for Health Hazards. This section of the Charter shall not apply to
an annexation necessary to alleviate a health hazard in the territory
proposed to be annexed, as provided in state law.
D.
Additional
Procedures. The City Council may adopt any additional procedures,
consistent with this Charter and state law, for consideration of the
proposed annexation or referral of an annexation measure to the voters
pursuant to this section. This authority includes but is not limited
to adopting application requirements and fees, adopting more specific
impact analysis requirements, increasing or expanding notice and hearing
requirements and adopting an election schedule.
E.
Purpose Not
to be Thwarted. The purpose of this Section is to give the City Council
and the voters of the City the final voice in decisions to expand
the boundaries of the City in a way that impacts City services, costs
of City operation and quality of life. If the state or any political
subdivision of the state enacts any statute, ordinance, Goal or administrative
rule or ruling that would require the City to extend or provide sewer,
streets, water, surface water management, police, fire or any other
City service into or to the affected unincorporated territory without
first requiring annexation subject to a vote under this section, the
City shall not directly, indirectly, or through any agency, construct
or pay for, in whole or in part, such service provision or extension,
or for any capacity improvements that are needed or must be accelerated
in order to provide or extend such service, without first submitting
the question to the voters of the City and receiving approval of a
majority of the electors voting on the question.
F.
Severability.
If a court holds invalid or unconstitutional any clause or part of
this section, such holding shall not invalidate the remainder of this
section.
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