CHARTER
Chapter II POWERS
Section 4 Powers of the city.
Section 5 Construction of charter.
Section 6 Exercise of power.
Section 4 Powers of the city.
The city shall have all the rights, powers, privileges, and immunities
which the constitutions, statutes, and common law of the United States and of
this state expressly or impliedly grant or allow municipalities, including those
rights, powers, privileges, and immunities which a city can exercise upon
specifically accepting them or upon being granted the power to exercise them by
the people of the city or the legislature of the state, as fully as though this
Charter expressly stated each of those rights, powers, privileges, and
immunities, and as though each of them had been specifically accepted by the
city or granted to it by the people of the city or by the legislature of the
state.
The following shall be deemed a part of the general powers
conferred upon the city by this Charter:
(1) Property. To acquire
property within or without the corporate limits of the city for any city
purpose, in fee simple or any lesser interest or estate, by purchase, gift,
devise, lease, or eminent domain: and to sell, lease, mortgage, hold, manage and
control such property as the interests of the city
require.
(2) Indebtedness. To borrow money within the limits prescribed
by general laws. To issue and sell general obligation bonds of the city and to
pledge the revenues from city operated utilities and other property for the
payment of principal and interest upon such bonds.
(3) Public Services.
To purchase, hire, construct, own, maintain, and operate or lease public
utilities as herein defined, but only after having first obtained the consent of
a majority of the qualified electors of the city to do so; to furnish all local
public services, either within or without the corporate limits of the city; to
acquire, by condemnation or otherwise, within or without the corporate limits,
property necessary for any such purposes, subject to restrictions imposed by
general laws for the protection of other communities; and to grant local public
utility franchises, and to regulate the exercise of such franchises. The term
“public utilities” as used in this Charter shall mean and include
any plant, equipment or organization used or intended to be used to produce,
transmit, deliver or furnish heat, light, water, communications or power or
sewage facilities or any or all of them, directly or indirectly to or for the
public.
(4) Police. Licensing and Taxing Power. To adopt and enforce
within the corporate limits of the city, local police, sanitary and other
similar regulations for the benefit of the public, and to license, tax, and
regulate for the purpose of city revenue all such businesses, callings,
occupations, trades and employments as the city council may require to be
licensed or taxed and are not prohibited by the laws of
Oregon.
(5) General Welfare. To adopt such laws and regulations as are
necessary to provide for the general welfare of the public, including provisions
for the maintenance and operations of the existing fire department, street
department, water department and sewer department.
Section 5 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 may have all powers necessary or convenient
for the conduct of its municipal affairs, including all powers that cities may
assume pursuant to state laws and to the municipal home rule provisions of the
state constitution.
Section 6 Exercise of power.
The manner in which the city shall exercise a right, power, privilege, or
immunity, where not prescribed by this Charter, shall be in the manner
prescribed by ordinance, and where not prescribed by this Charter or by
ordinance, then in the manner prescribed by the statutes of the State of
Oregon.
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