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HomeMy WebLinkAbout09/09/2010 00 Agenda and Packet 4.4 .... .`:1, l IN OFFICE OF THE CITY COUNCIL Micah Cawley, Mayor .�.i• • .:fir 129 North Second Street Kathy Coffey, Assistant Mayor h Maureen Adkison Cit Hall Yaki Washington 98901 V �` ' Phone (509) 575 -6050 • Fax Dave Edler u* `' w 509 ( (509) 576 -6335 Rick Ensey I \ " ° okP �$� Dave Ettl Bill Lover I I I YAKIMA CITY COUNCIL SPECIAL BUSINESS MEETING SEPTEMBER 9, 2010 I 7:00 — 9:00 P.M. COUNCIL CHAMBERS — YAKIMA CITY HALL I 1. Roll Call I 2. Public Hearing regarding Council- Manager / Mayor - Council forms of government I 3. Adjournment I III II II I 1 II I I. Yakima IIIP I I 1994 r 1 YAKIMA CITY COUNCIL NOTICE OF PUBLIC HEARING Form of Government NOTICE IS HEREBY GIVEN that the Yakima City Council will conduct t a public hearing to provide an opportunity for citizens to comment on Yakima's current Council- Manager form of government and the possibility of changing to a Mayor - Council form of government The public hearing will be held on Thursday, September 9, 2010 from 7:00 — 9:00 p.m., in the Council Chambers of Yakima City Hall, 129 North 2nd Street, Yakima, Washington. Dated this 18th day of August, 2010. Deborah Kloster, CMC City Clerk U U U 11 11 II II II . I I MEMORANDUM TO: Honorable Mayor Cawley and Members of the City Council Dick Zais, City Manager FROM: Jeff Cutter, City Attorney I DATE: August 27, 2010 ' SUBJ: Considerations regarding Mayor- Council form of government I This memorandum, together with the attached packet material, is intended to provide information regarding the time -lines available to bring a proposed City Charter amendment ballot proposition • before the voters, as well as to assist the Council with the important process of preparing a I Charter amendment that would introduce a Mayor -City Council form of government for voter consideration. This is a very significant undertaking requiring close attention to detail on several I complex issues. The work necessary to generate a charter amendment proposal will involve a great deal of homework on the part of Council and staff. The issues identified below highlight • areas where council decision and direction will be needed to provide staff with the information necessary to draft a Charter amendment. I . A relimina question that has already been raised concerns the possibility of the v p ry q y p ty voters considering competing propositions on a given ballot. The Washington state constitution as well I as state statute require that any proposition having sufficient public support, as established by statutes and ordinances, shall be brought before the people for a vote. This means that should the City Council propose a charter amendment for a mayor - council government form and another I citizen group similarly proposes a ballot amendment with its own charter amendments to enact a mayor - council government, both propositions would be presented to the people as alternative proposals. . I This memorandum is the introduction to the material rovided in the packet. The t p p material includes several City Charters from cities presently utilizing the ,mayor- council government I format. The charters of primary interest will be those from first class cities operating under the confines of similar statutory regulations as Yakima. However, the statutory regulations dictating the government format of the non - charter code cities of Selah and Union Gap are also included in I accord with specific Council request. It is important to recognize that the smaller included cities operate under different statutes than first class cities and therefore their authority and operation I may not be relevant or amenable to a first class city. To the extent some of the provisions particular to the non- charter code cities may be of interest to the Council they will have to be evaluated on a case -by -case basis. I Also included in the packet are two summary memorandums from Mark Kunkler, an assistant city attorney presently assisting the legal department. Mark's first memorandum provides a k comparison of the several first class cities using the mayor- council government format. The 1 memorandum identifies the more significant aspects of their charters with respect to the operation of their chosen government form. This information provides many organizational nuances available for consideration throughout this process. Mark's second memorandum deals specifically with the governance provisions of the Selah and Union Gap government models and . identifies the characteristics of the statute - directed government of non - charter code cities that do not operate under the laws pertaining to first class cities. The packet also contains RCW chapter 35.22, the statutes pertaining to the operation of first class cities. Finally, as an aid to the Council I have attached a checklist of the various choices discussed in this memorandum and represented among the various charters attached for your review. It is hoped that this checklist will help identify the Council's decisions on the key issues in order to provide direction to staff during the drafting process. , I. Dates provided by statute for general and special elections. State statutes dictate the dates available in a given year for municipalities to hold general and special elections. The following dates have been established by state law for elections and at this point are the earliest available dates for consideration of a potential ballot measure. Also 1 identified are the dates when the required resolution must be received by the Auditor for each election date listed. Election Date Resolution Due ' February 8, 2011 December 23, 2010 April 26, 2011 March 11, 2011 August 16, 2011 May 24, 2011 November 8, 2011 August 16, 2011 , There is also a statutory provision for a May election date but the County Auditor has reserved that date specifically for previously failed tax levy and new bond issues only. A resolution from Council necessary to establish an election date must include the proposed ballot proposition, which in the City's case would be the amended Charter that is to be placed before the voters for consideration. ' II. Costs for special election. In accord with statute, cities, towns and districts are each liable for their proportionate shares of election costs when elections for several entities are held together. When any city, town or district holds a primary, general or special election on an isolated date all costs of such election ' must be borne by the city, town or district holding the election. III. Procedure. ' State statutes provide the procedure to be followed when placing a ballot proposal before the voters, as well as providing the means by which the transition required by a change in charter can be accomplished with as little disruption as possible. Initially the statutes provide that once a charter amendment is filed with the City Clerk the process for submitting the proposal to the voters is initiated. RCW 35.22.160. Statute then provides that the election on the proposition to 2 1 1 amend the charter may be either a general or a special election. RCW 35.22.180. This provision thus authorizes the City to use any of the election dates set forth in paragraph I, above, so long as II the resolution of intent to hold an election is filed within the times required and identified for each election date. Finally, statute provides that if a revised charter proposition passes at the polls, the revised charter supersedes the previous charter. All bodies or offices abolished or I dispensed with by the new, altered or revised charter shall immediately cease to exist and the new offices created shall be "filled by appointment of the mayor" until the next general election subject to city council approval as may be required by the new, altered or revised charter. RCW 35.22.190. This of course presumes the form of government was a mayor - council form and the mayor existed prior to the revision. ' In the City's case, the City Manager position and all aspects of the present City Charter that are revised in a new charter proposal subsequently approved by the voters would be abandoned. In accord with the statutory process the new charter becomes the source of the government's form and authority. In the case of Yakima, the revised charter that would be placed before the voters would include language to the effect that the revised charter would take effect immediately upon the new mayor taking office following the election in November of 2011, that being the next available election date after the February or April election dates in the spring of 2011. This . would , allow a seamless transition to the new form of government under the leadership of the elected official chosen to act as its CEO. I IV. Charter amendment issues. Clearly the biggest task Council will have to deal with should the decision be made to bring the issue of change in government to the people as a ballot proposition will be the amendment of the City Charter to accommodate the proposed Mayor- Council government. The present City ' Charter is specifically directed toward enabling the Manager- Council form of government, and is essentially a recitation of the applicable controlling statutes that provide very specific direction in that regard. As clearly as the statues provide guidance for the purpose of the Manager- Council I format, the statutory direction for the Mayor - Council format is nearly non- descript. The Mayor- Council government form leaves great latitude for each City using it to fashion its own government format as it sees fit, with much greater freedom of choice than is permitted in -the ' Manager - Council form. What this means to the Yakima City Council is that there are many questions that require answers in order to provide the direction needed to prepare a Charter amendment reflecting the Mayor- Council government format the Council envisions. The I following issues, while certainly not exhaustive, provide some guidance for Council consideration on several of the more significant areas to be determined in a proposed Charter amendment. '. A. Council composition and authority. • ' ' With a Mayor - Council government Washington law allows many options for the composition of the legislative body. Essentially, the number of council members, their authority or power and when they are elected and how long they serve all appear to be left to the individual Charters. The Council could opt to retain the seven - member Council currently in place or expand the number as desired. Cities around the state exhibit, 6, 7, 9 and 12 member councils, among other options in practice. While statues don't restrict the number at any level, for a city the size of 1 3 Yakima 6 or 7 members would be considered a minimum number and 7 perhaps an optimum number for a Mayor - Council format. The reason for this is that although ultimately left to the Charter, typically the Mayor is a non - voting position (also optional) except in the case of Council ties, which with an odd - numbered Council would happen infrequently. Council term lengths appear to be established at 4 years, although there is also a statutory provision providing that terms may be established by the Charter. 1 Some cities elect a Mayor, a specific number of council members, and a council president. The Council president may also be chosen by the elected council from among the elected members. The typical role of the council president is to preside over meetings and generally act as the head of the council and the interface with the mayor. Another consideration for the council members would be the number of successive terms served and whether an individual that has served the maximum terms permitted may seek election again after a prescribed time away from the Council. Terms may be limited by the Charter if so ' desired. Will Council members be elected from wards or districts only, from wards /districts and `at large', or all `at large'? In the case of ward /district representatives, would candidates be elected by vote of residents within their respective ward /district only? While there appears to be limited specific direction in this regard, there have been instances where the federal government, under the fairness in voting laws, has taken interest in a government format that utilized an all `at large' election process for the council members. The reason given is that this format offers an opportunity for over - reaching and does not provide a reasonable opportunity for representation from among varying community populations and dynamics. From a federal perspective an all `at large' council format would be the least favorable among the three options, although Everett and Seattle both utilize this format. There are still a few more decisions for Council. to make in the Charter process. The first concerns what powers the Council will have with respect to the Mayor. Some Cities in Washington provide for the mayor to have sole authority to appoint or remove department heads, with council approval necessary to confirm. In other cities, no approval authority is reserved to the council, or a limited authority exists with respect to select positions. Another issue concerns ' the veto authority of the Mayor and whether there is a provision for council to override a mayoral veto. In most of the first class cities with a mayor- council government the charter provides for an override, requiring a `majority plus one' of the full council membership. Seattle has the unusual ' requirement that a council override must be supported by a two - thirds council majority. Will the Council members have the authority to hire their own staff? Typically, the Mayor will hire his/her own staff members who serve at the pleasure of the Mayor. If Council desires the use of staff, perhaps retaining authority to hire would be desirable. If such a provision is included in the Charter it may also be advisable to identify how Council -hired staff were to be compensated, and from what source(s), as well as what their reporting responsibility would be. Finally, the Charter may provide the general summary of the compensation to be .paid council members during their tenure. Typically the precise compensation values are provided by ordinance to allow easier revision over time. 4 1 ' B. Mayor. I �r. The position of Mayor in a Mayor- Council government format is an elected position. The Mayor serves as the Chief Executive Officer of the City. Several issues pertaining to the office will require Council decisions. First, will the Mayor have veto power over actions taken by the ' Council? If veto authority exists, then the consideration of council override, mentioned above, should be considered. ' In addition to the Mayor as the head of the City government, will the Council also want the Charter to require that there be a City administrator, and if so, who appoints or removes and what are some basic qualifications for the position? Will Council have approval authority over this ' position? It is possible that the Charter would provide for an administrator at the discretion of the Mayor, and not require the position by Charter provision. I In the organizations studied, the Mayor typically appoints most of the department heads for the City, with the Council retaining approval authority over the choices. In some cities the Mayor retains complete appointment authority over certain positions and no council approval is ' necessary. What appointments are left to the mayor with or without council approval, what positions are established as elected positions and what positions are filled by council or a committee appointed by the council is all determined by the Charter. ' The Mayor's compensation is generally outlined in the charter, with reference to ordinance provisions specifying the exact values, primarily to make . future adjustments easier to ' accommodate. The Charter may provide for term limits for the Mayor, if that is desirable to Council. The length of each term is also determined by the Charter. ' Generally the Mayor is charged with the responsibility to present the budget to the Council. The specific parameters within which that presentation is to occur may be provided in the Charter, or could be left very general and for the most part up to the Mayor to determine, in accord with ' applicable state statutes. Depending upon how the Mayor elects to submit this budget may highlight or dispel the need for greater specificity in the Charter as to when and how the budget presentation should be conducted. ' It is usually the Mayor that sets the bi- weekly council agenda. This may be addressed in the Charter or left as a policy issue. It could also be assigned to a counsel president if such a position '' were to be established in the Charter. Another big question might be what taxing authority the charter may provide to the mayor? This authority, if given, is typically tied to 'a specific council override authority as well. ' C. General revisions. While not specifically related to the consideration of a change in the form of government for I Yakima, there are a number of provisions of the current City Charter that Council members have expressed an interest in reviewing and perhaps modifying. This may be an opportune time to consider making desired amendments for voter consideration while the form of government issue is being considered. It is important to discuss, at the top of this consideration, whether Council may not want to add additional substantive revisions to the Charter submitted for a ballot measure for the reason that it is possible the voters may be in support of a portion of the revisions I 1 (perhaps the form of government issue) and not be in favor of the other unrelated revisions that r' might be included and therefore not support the primary issue because of an objection to the secondary proposals. This could work either way and may not be an issue at all, but the Council should be aware of it as a potential risk. As an extension of this consideration, charter changes unrelated to the form of government proposal could be submitted on the ballot as a separate proposal. This would avoid the concern of unrelated proposals influencing the will of the electorate on specific proposals. A few of the areas of the Charter where problems unrelated to the form of government issues 1 exist include references to "City Commission" in older parts of the code. These could be eliminated and replaced with the correct reference to the City Council, for consistency. This would not be a substantive change. Updating and revising certain references to values and percentages that no longer have relevance would be another appropriate consideration. A significant revision would be the removal of the requirement that franchises within the City be 1 approved by the voters at an election, rather than in accord with the provisions of statute that permit the City Council to make that determination. Yakima seems to be the only place in the state that utilizes the election requirement that presently exists in the Charter. Similarly, Article IV regarding a City Emergency Hospital no longer has any relevance and should be stricken from the Charter. Yet another area that might be considered for amendment would be portions of the Civil Service provisions of the Charter. This consideration would be timely, but would require some concerted discussion and consideration in its own right. It is, however, one where updating and revision could be helpful. • i 1 1 1 i 1 i 6 1 I ah`' �' tiyY �r+khn,; ^ � : - .m a--� - �xf y 3xsi .. s '� � �. ` i �� . r F s x3.'? x;.7� f,j�t.:-...,., . d .3_ }, r3.2Y.r a _. fi; 9 J* 3 w ;;`5 s0.:Yisr,i ! -Ni zt } T r izv t,, ' F.: '¢ " �a ",Y,?s . , t.,w.e f/ i it' r . L" : j �" G ,n X . 7 }5,k'ks ._ r.:17 ,'Q� ,,. S' r 'i. i� '} J }4 �r r;r � � "n �' G� � : �. t w:. +' � }t CO CO NSIDERATI O N I C ' HEC ' :KLIS T F O v" . Sj 4 ' ¢1H j � uh rhl i :r v n! 5 � +c `e ' Pr W r } "% ;..-� rA ' S_ .r7 j rk.. - v`, "i.. 1 " ` s e E sa;A'I 1 �` ! 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E , . d..*,%?; ,n•�^ y ) �. t - - A . t s I k 3 r y - i .ate >ns v., Y f t4 , - , ,• a ,--z " c `,i 4 &rg n" ,� , w 1 t s. j s 3F f .ia 71; b -' � - - {_ . . „, d ., , kJ0-4 .'` i,— { i .,r 4 - F !,,-. 4v 4 ,,, ,.yv }vf'' to * t •2 v. r + c oy } +� h 'r. t: 5 } trff 6 , 1 ,h 'u J 5 d. � t'. s✓ 4 }. t C� 1 1 k a .Xp F1� nr Y '' �Y I } �,�jy n dt �t Kd . r �, s c�a rr X�s r s.F y # �; a . ; 3 r a ry r . � '� '� e a5+df �� ,i �l�t sh': : i w { , ' i 1 Y. 1 E crS . 7s f, 134:4�y . ) dq , r , 5 1 a s*f n �i ' Sn j ti c �, , C;On'tnl @n W c..,-.,,,,,, t ;'��r F r 'x f aas- s, i 'vdai .,. w.s.t:, ,,,.st:. •k t .,,:aa s .. .:L,..,.._ „,..t....• t�vW: € . - "iGsta..r,�.., ..�.,.a., .r_n..,.sv, �. r> v - G....: rL,” %r L,a' ;< CO No. of Counc Members: • ST�� € ��� � �r T 1 �;k>,�SS Yes No • t {�,�' k President of Council? 6 , �; : : :. : ::!,:€ -if yes, appointed or elected? . le,g k �„ ; h7 , -if appointed, by [Mayor] or [Council]? ¢ f 1 "�Y r -if yes, authority of president? • 3111r1 "41 Council term lengths: I s `t;I� , w4, -4\��` Yes No ' 4 „,, Li mit on successive terms? t wo � f i io - -if yes, how many, and may individual ever I , 1 , ., } � r g 4c k t be elected again, and after how long? 5s+ > f toy *- riNWW � E ldi Number of districts? „ r` ftet , k� 1 -if change from current status, how I 0 ' � > determined? * I 1 ""uq 0 �- Qualifications of Council members residenc � f a�f ij jl �{ !3 � �n City /in District ?) .y �� ., , , • i 1, reir f , What if residenc terminates? 4 4 } F ` 'fi t t x - : N um ber of Council members from districts? �� , t " } e Will each council district (if there are districts) i,. r s 1 0'. r elect its own council member, or general vote? ' ry } rr" Number of Council members at large? t. r r , • t d Yes No 'Alt a i . 0.4 } �, Wil C approve Mayoral appointments to I � n,a #� xe4i n Ji M" b e �� �, F, t ; departments? j }4' 4.4 ; r � � — If y es, [all] [some] 7q , Sa k,4 w sM M 0 t,� `er6,A. ", -if som which ones? I tr . . 4 . j 1 � 4 d d ry gi :Lv -`.� 4 Yes No 2 A ` }, ; , s , n r W ill C ouncil have override authority over 4 +ii's�+*im'San�a r - ry r 1 : u,, _' Mayor's veto? �� „4 -if yes, [majority plus one] [two thirds of s 4 S ,r y*O i i s z i v Council] q q x ,TS, ' , 3 Yes No I lr >,t , �k5r! �, Will Council be authorized to hire its own staff? g ar { q`u ` .4 ;~ #� -if yes, [specific authority] [general authority] ; Yr , � , - yes h ow pa id? Authority in charter, etc. I jl , r l How will Council be compensated? [per t ar, r� ' ' w �7 q o �� t5k , x � q § ,. o rdi nance provision] [something specifically }� F stated in [charter] [both] ati. . z VIP N, x ti { a a s Fa�.� .. Y s�. z y3.:- ' '" - �,.,,€ x }� 'tsar r t ., ,� -ri *� +, r. j, � ' °".75, ' I 4 it _. ,., x-I `i ,.' .42 3 . S F. zi. , � k �'rK'.S:�aF'4 ! Z 4 " Y'S L w 4 Q 'S F y F�-i `(Y g .. '� 4, -1' yy . } I • • I • • I z 4 - , ,.. rr �s^-t"�°,^' d`PSS r f -` z , ti'TY.: �, i... " '!7 ' v e r F+: 77: .. + f 4 ' 'H b 3 A 1 -t t l .C 7 ff f ;S''',, � �`\ r I . _ {,tr ),. ,, -, .,. . 7:5, 77--,-.., , o- : r ri . str.:j;:,., t r',;i: d, 4•,,.;s c.. ' ,k -,- >L.,w � .... ; t 4 �. �. 1".H 'tP l , .v� WE �, No [. " '' Residency requirements for Mayor? I r 6- '' i_ }} ti e. : 1s r " , ' ,� , •5 , E - : Will the Mayor have veto authority? iii rr' , ,'' `ryf1 z : Will veto authority be limited? 6 Ci' '' Y� ' ; Will a City Administrator be an additional No ■ 11 ' ' , * d 4 � required position? ,rT d • 1 f 4 ,, k�` 5 ', -if yes, will Council have approval authority? ea ' f< ` , ''' � , -if no, will position be discretionary with as ; mayor? sa a ' , , F � ' # `� " �``'` °‘�, ' W the Charter provide specifics re Mayor's No , a a° 4 1 „ h ' r compensation? i I` , , , ; ; 4 -if yes, will reference be to ordinance 1.a P ` 6 1 _ ) T�, establishing the compensation? pa I ,, No `' ,, ` '' ` -,, Will there be term limits for Mayor? '{ ,u,,,,,K .,.. v ;', L -if yes, what limits apply? as 1 r ,, , 1k Will there be other elected positions beside No p, P, t _ ;11.;: w • r M ayor? .„ ,, is • - yes, what positions? MIEN E ,' ' ' ' ' 4f ; , Will the Charter assign presentation of budget No r ``, ;, "'3 t # , '- to Mayor? F ` ;Y t..; ,, ,f . No I ` , /L .2"'" ' " - if yes, will Charter spec when? 4 , . rr }h 4V 6 No £ fi,,r,„,,, ,, ., , r,„, ,, , k if yes, will Charter specify format? -i I f ',0I k, , :c fit 2 No i? 4 ; ¢ `' ' 'd M = Will the Mayor set Council Agenda's? i„ ` 34 }: j r � „, - no, who will? [Council president ?] 11111111 ' - ft, i s � `,, , d , ' ili 1 / ;'''' - , k . , ;Wi Mayor have vote on Council matters? No ,,, S tl J q'' ' ,, i, ; r , ;ti 72,"":11' t -if no, will Mayor vote to break Council ties? MIa - p '''.',0:',i' o 4 F ° = r ;, /, ,', ,14.^, r � W Mayor be expected to attend Council No • ' ti {' k. '' � t • meetings? v, ' 4 t o } , ,, No W t C rLr� s y , c »t 3 ;? b , 1 ' { ` Will the Mayor be given taxing authority? 0� s w , n , r . - if yes, what authority? Will it be limited? MEI ", ,' " *, `,,,, r i f es, will Council have approval authority? r `,,,,q ,= -if no, how will taxing • decisions be made? Mill _ ,l r : r ?Will there be a specific backup to the Mayor if No r � s 5 1 • �a'� �t VA' r � r �"��” l t a : ; . the Mayor is unable to fulfill duties? r .ia V i -if yes, who? (Council president, CAO, etc.) Ma z r ' , . 1 * �` - : *: " " 1 ' ayor ave au on y o prove • e R; , ,,,,, Ye No 4 ", jy''� % 1, elm Ions for council appointed boards, a tv a ; �,r r h � } � �s ; commissions, etc F �'�d},j 'S I ' �k �Y'a'� '� _ F 13 ti y t t,i a ,y v t' .+ ;'t s a' � a r i: k, ., = f ^ ,, 3 � I ' � .5„ 4r°971,�, e,��.,afs c� v� .,raQ ,,. .",'.ao 5 ' . ,S if, , J,4 ., �",s. ?:. _ " ? „1% ,8 "x �- � �" n ip ; r , ;a =. t.f 1 C �..r „ i .. >b _.x, ., r.m .�. �fi„ * J stW .. 1 I I I 1 s =a "3`(`' '�,,}} _. €x ^7 } __' � -ef -Y' Y ;:_ s y7' +x,*e°+, c y �-: v �'. {,r r -. -tY 4^` - y � `" y ' �fi s.-izi *' 4,4 : '':c & �� : :.x: c ' _'.�.., .. b - €rv._.:,talx, � IA,... ...f:-S�,a E,�+., ,r.,x°Yt'i`F 'L:. __„_.,'�-.,.. Cornmen ,4r.�,N.m,...a.a�r GENERAL' D oes Council want to i nclu d e o ther charter Yes ~ No 1 "r m'7 9 C N P ROVISIO S revisions at time of form of gov't amendment '' ' ` i 5 ^x' res `� ``;`i����; ;'� is -if p es ented? how would Council like to approach _. aYU� } CY° 5 Y I f '�` +s, i identif in needed change and ro osin *14 �t r � ��, � Y� 9 9 P P 9 }a + x � ;�f revisions? R { r � � kr �, }h F Counc com mittee 1 +} t v' iL k recommendation f`£a'�`*44, Staff review & -it yes, would prefer be to include other `� ,, };3 j ,9 ,15 revisions with the charter revision for Mayor - "' "'r {o » tfit Council govt or two separate propositions on 1 ' x+^ z E ��� ��,x � �� ���� - E�,p ballot t i k 'k S f i d 'f' A 7 1 �e� 'J.)i ; ,t 151 � „� �„ � ' td � s� r� 4i i y r "r i j ih+} t {,� a x a 5 s f l i 5 St fi �a� {y ,, {. a J( .. fi .,.... �4.. ,Mf V..✓. 1:.� Y. �. i . ...... ... ....t. :,� a. ..,�:5 , "e- � .....i`.t ro_ �, .. �.� �. �. 4,...:..+.Yr.,.A�,k` 1 I . I I I I . I , . I . 1 1 I I I • CHARTER 1 ORDINANCE NO. 261 . AN ORDINANCE adopting the codification of the charter and the ordinances of the City of Yakima of a general, public or permanent nature, or imposing a fine, penalty or forfeiture, as the official Code of said City, as provided for and I • pursuant to Chapter 97, Laws of 1957, and declaring an emergency. . WHEREAS, the City Council has arranged for the codification of the charter and all ordinances of the City of Yakima of a general, public or permanent nature„ I or imposing a fine, penalty or forfeiture, and filed the same with the City Clerk, and WHEREAS, such codification, which is entitled the "City of Yakima Municipal i ;Code has now been completed and a printed copy thereof filed with the City ( Clerk, and WHEREAS, Chapter 97, Laws of 1957, provides for the adoption of such ;codification by enacting an ordinance adopting such codification as the official ;Code of such City, and sets forth certain procedural requirements therein for • j such adoption, which requirements have been fully'complied with, now, I therefore, I BE IT ORDAINED BY THE CITY OF YAKIMA: I 1 Section 1. I That the said codification of the charter and the ordinances of the City of I Yakima of a general, public or permanent nature, or•imposing a fine, penalty or 1 ;forfeiture, as contained and set forth in a printed copy thereof on file in the office of the City Clerk entitled "City of Yakima Municipal Code," be and is hereby I ; adopted as the official Code of the charter and of the ordinances of the City of Yakima, as provided for by Chapter 97, Laws of 1957. I Section 2. As provided for by Section 6, Chapter 97, Laws of 1957, copies of such Code in published form shall be received without further proof as the City Charter and I as the ordinances of permanent or general effect of the City of Yakima by all ;courts and administrative tribunal of this State. I ' Section 3. New material shall be adopted by the City Council as separate ordinances prior to the inclusion thereof in such codification, provided that any ordinance I amending the codification shall set forth in full the section or sections, or , subsection or subsections, of the codification being amended, and this shall :constitute a sufficient compliance with any statutory or charter requirement that I ' no ordinance nor any section thereof shall be revised or amended unless the new ordinance sets forth the revised ordinance or amended section in full. 1 111 0 :Section 4. 1 This ordinance is one to provide for the immediate preservation of the public peace, property, health and safety of the people of the City of Yakima, and an 'emergency is hereby declared to exist, and this ordinance shall be in full force and effect immediately upon its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 5th day of July, ;1961. THOMAS C. BOSTIC, Mayor ATTEST: J.A. SMITH, City Clerk ARTICLE I Name, Boundaries, Powers, Rights and Liabilities 'Section 1. The people of the City of Yakima, within the boundaries as now established, or 'as hereafter established, shall continue to be the body politic and corporate by name of "City of Yakima, and under that name shall have perpetual succession; shall use a corporate seal; may sue and be sued; may acquire property within or without its boundaries for municipal purposes by purchase, gift, devise, lease, or condemnation, and may sell, lease, hold, manage and control such property as its interests may require, except that property purchased for park purposes shall be within the city limits; and except as prohibited by the constitution of the State of Washington, or restricted by this charter, the City of Yakima shall have all municipal powers, functions, rights, privileges and immunities of every name and nature whatsoever pertaining to cities of the first class within the State of ;Washington. ;Section 2. 1 The enumeration of particular powers by this charter shall not be held or deemed to be exclusive, but in addition to the powers enumerated herein, implied hereby or appropriate to the exercise thereof, the City of Yakima shall have, and may exercise, all powers which under the constitution and laws of the State of Washington it would be lawful for said charter specifically to enumerate. All powers of the city, whether express or implied, shall be exercised in the manner prescribed by this charter, or if not prescribed herein, then in the manner ;provided bylaw, ordinance or resolution of the city commission. 1 1 1 f I ARTICLE II Officers— Council- Manager Form of Government 'Section 1. A. The elective officers of the City of Yakima shall consist of seven Council - I ; members, who shall be residents of the City, who shall constitute the Council, and one of whom shall be the Mayor chosen as provided by Section 3 of this jArticle II. One Council member shall be elected from each of four separate I districts of the City, and three Council members shall be elected from the City at ;large without regard to residence in any particular area of the City, by the. qualified electors of the City, all at the times and in the manner hereinafter I `provided. The Council . members so elected shall constitute the governing body of the City. . 1 B.(1) The City shall be divided by ordinance of the City Council into four I `districts as nearly equal in population as practicable based on 1970 federal census data and on actual population counts of areas annexed to the City ;subsequent to the 1970 federal census, which division shall be accomplished so I as to be effective not less than ninety days prior to the municipal primary election to be held during the year 1979. On the publication of the results of each 'decennial federal census, the City ;shall be redivided by ordinance of the City Council into four districts as nearly ;equal in population as practicable, which redivision shall be accomplished so as ; to be effective not less than ninety days prior to the municipal primary election to be held next following the publication of census results for nomination of candidates for "district positions" on the Council, as defined in Subsection C(2) of I this section. 1 On the division or redivision of the City into districts as provided by this ;subsection, any territory thereafter annexed to the City and contiguous to only I one then existing district,shall be added to and constitute a part of that district; and if annexed territory is, contiguous to more than one then existing district, the ;annexed territory shall be divided into segments, as equal in population as . ;practicable, according to the number of then existing districts contiguous to the annexed territory and each segment shall be added to and constitute a part of its 'then existing contiguous district. . (2) Whenever the population of any district exceeds the population of any other district by more than ten . percent, the City Council shall by ordinance ,redivide the City into four districts as nearly equal in population as practicable; I provided, that any such redivision shall be accomplished so as to be effective not ;less than ninety days prior to any municipal primary election for Council members: to "district positions" as defined in Subsection C(2) of this section. I At the municipal election to be held in the year 1977, three Council `members shall be elected from the City at large without regard to residence in any particular area of the. City. I 1 1 (2) Not less than ten days before the time for filing declarations of candidacy for the City Council for the election to be held in the year 1979, the City Clerk 'shall designate by consecutive numbers, commencing with the number one and ' 111 :ending with the number four, the positions on the Council to be filled by candidates nominated from districts, and such designations shall be thereafter ;permanently considered as separate offices for election purposes as "district positions" according to their permanently designated number. At the municipal election to be held in the 1979, eight candidates shall be nominated from the four districts, as follows: Candidates for "district positions" ; shall file their candidacy for nomination by the electors of the district wherein each candidate, respectively, resides. At the primary election, each qualified ;voter of each district may cast only one vote for a candidate. The names of the , 111 two candidates from each district for whom the largest number of votes are cast at the primary election shall appear on the citywide general election ballot, and the one candidate from each district who receives the highest number of votes, as cast by the citywide electorate at the general election, shall thereby be declared as duly elected to each respective "district position" as a member of the 1City Council. (3) Not less than ten days before the time for filing declarations of candidacy for the City Council for the election to be held in 1981, the City Clerk shall ;designate, by consecutive numbers commencing with the number five and ending with the number seven, the positions on the Council to be filled by 'candidates to be elected from the City at large without regard to residence in any particular area of the City, and such designations shall be thereafter permanently ;considered as separate offices for election purposes as "at large positions" !according to their permanently designated numbers. ■ D.(1) Council members shall be elected for four year terms. On the expiration of those terms, succeeding elections shall be conducted so that three Council : members are elected at large without regard to residence in any particular area 1 I of the City and four Council members elected to "district positions" in the manner provided by Subsection C of this section. 1 (2) In the event any Council member elected or appointed to an "at large ' position" moves that member's place of residence outside the city boundary, or in the event any Council member elected or appointed to a "district position" moves that member's place of residence outside the district from which that member ' was nominated or appointed, then that Council member shall thereby forfeit the !office of Council member and the position held by that member shall be.deemed to be vacant. In the event a vacancy occurs for any reason in the Council, the ;vacancy shall be filled by the appointment of some qualified person by a majority vote of the remaining members of the Council, but such appointee shall hold `:office only until the next regular municipal election, at which time a qualified ;person shall be elected to serve for the remainder of the unexpired term for that position. If the vacancy occurs in a position held by a Council member originally nominated or appointed from a district, then the appointee shall be a resident of that district and the Council member who is elected to serve for the remainder of 1 1 I : that term shall be a resident of that district and shall be nominated and elected in the manner provided by Subsection C(2.) of this section. ' I I E. Provision for the time and manner of election of Council members, and the !conduct of such biennial elections, shall be governed by general laws, by this charter, and by applicable ordinances of the City as they may be enacted from ii :t to time. ; As amended by vote of the people November 2, 1976. I ;Section 2. The Council shall constitute the legislative department and authority of the City j ;government and shall have power to adopt rules of order and regulations for the I ;conduct of its business. ;Section 3. The Council shall choose its own chairman at its first meeting and at the first meeting after the subsequent biennial elections. The chairman shall have the title.; lof Mayor during the biennium for which he is chosen. The Mayor shall preside at ' all meetings of the Council and shall also have the powers and perform the duties conferred and imposed upon him by this charter and the ordinances of the `City. He shall be recognized as the head of the City for all ceremonial purposes I and by the Governor for purposes of military law. He shall have no regular administrative duties but in time of public danger or emergency shall, if so ; authorized and directed by a majority vote of the Council, take command of the I . police, maintain order and enforce the law. He shall also have the rights, :privileges and immunities of a member of the Council with the right to vote as !another member thereof. If a vacancy occurs in the office of Mayor, or in case of I p his absence or disability, a Mayor pro tern shall be elected by the Council from its :members to act as Mayor for the unexpired term or during the continuance of the I !absence or disability. The Mayor shall appoint one of the duly elected justices of the peace in the City of Yakima as Police Judge, who shall be designated as "Municipal Judge." . I ;Section 4. Except as otherwise provided in this charter, all powers of the City shall be 'vested in the Council. Each member of the Council shall receive the sum of ' : $5.00 for each regular and special meeting of the Council attended by him not to exceed in all the sum of $250.00 per annum, the same to be paid quarterly: I ;provided, that the Mayor shall receive in addition thereto $100.00 per year, 'payable quarterly. Members of the Council shall be qualified electors of the City land any member ceasing to possess any of the qualifications specified in general; I :law or in this charter or convicted of crime involving moral turpitude while in office shall immediately forfeit his office. ' ;Section 5. The Council shall meet at the times and places fixed by ordinance, but must hold at least two regular meetings each month. The Clerk shall call special meetings of the Council upon request of the Mayor or any . two members. I 1 'Requests for special meetings shall state the subjects to be considered and no subjects subject shall be considered at a special meeting except by consent of all members of the Council. All meetings of the Council and of committees thereof shall be open to the ;public, and the rules of the council shall provide that citizens of the City shall have a reasonable opportunity to be heard at any meetings in regard to any I ;matter being considered thereat. • 'Section 6. The Council shall choose such employees of its own body as it may deem 'necessary. Employees of the Council shall not be chosen for a definite term but ;shall continue to serve during the pleasure of the Council. 'Section 7. I The Council shall appoint an officer whose title shall be City Manager and who ;shall be the chief executive officer and the head of the m' ad mistrative branch of the City government. The City Manager shall be chosen upon the basis of !character and ability with special reference to his actual experience in, or his ;knowledge of, accepted practice in respect to the duties of his office as hereinafter outlined. Choice shall not be limited by any residence or political ;qualification. • No person elected to membership on the Council shall, subsequent to such 'election, be eligible for appointment as City Manager until one year has elapsed !following the expiration of the term for which he was elected. I Before entering upon the duties of his office, such City Manager shall take the ;official oath for the support of the National and State Governments and the ; faithful performance of his duties, and shall execute a bond in favor of the City in such sum as may be fixed by the Council. :Section 8. T I he City Manager shall be appointed for an indefinite term and may be .removed by a majority vote of the Council. At least thirty days before the effective date of his removal, the City Manager ' 11 must be furnished with a formal statement in the form of a resolution passed by a 'majority vote of the City Council stating the Council's intention to remove him and the reasons therefor. Upon passage of the resolution stating the Council's I intention to remove the Manager, the Council may by a similar vote suspend him from duty, but his pay shall continue until his removal becomes effective. a The City Manager may, within thirty days from the date of service upon him of a copy thereof, reply in writing to the resolution stating the Council's intention to . ;remove him. In the event no reply is timely filed, the resolution shall upon the ;thirty -first day from the date of such service constitute the final resolution ;removing the Manager, and his services shall terminate . upon that day. If a reply 'shall be timely filed with its Clerk, the Council shall fix a time for a public hearing I :upon the question of the Manager's removal and a final resolution removing the Manager shall not be adopted until a public hearing has been had. The action of the Council in removing the Manager shall be final. In case of the absence or I I I . ;disability of the Manager, the Council may designate some qualified person to r ;perform the duties of the office during such absence or disability. Section 9. . ; The powers 'and duties of the City Manager shall be: 1 (1) To have general supervision over the administrative affairs of the municipality; (2) To appoint and remove at any time all department heads, officers and I ; employees of the City, except members of the Council, but the appointment and removal of those department heads, officers and employees who are subject to I ;Civil Service or merit systems of the City of Yakima shall be pursuant to the Civil ; Service laws, rules and regulations of such City in existence at the effective date :hereof: provided, that the Council may cause an audit to be made of any department or office of the City government and may select the persons to make I . it, .without the advice or consent of the City Manager; (3) ' To attend all meetings of the Council at which his attendance may be I ; required by that body; (4) To see that all laws and ordinances are faithfully executed, subject to the !authority which the Council may grant the Mayor to maintain law and order in I ;times of emergency; (5) To recommend for adoption by the Council such measures as he may deem necessary or expedient; III (6) To prepare and submit to the Council such reports as may be required by that body or as he may deem it advisable to submit; j (7) To keep the Council fully advised of the financial condition of the City or I ;town and its future needs; (8) To prepare and submit to the Council a tentative budget for the fiscal year; I (9) To perform such other duties as the Council may determine by ordinance or resolution. I ' Section 10. Administrative departments shall be created by the City Council as the public .business may demand. Pending further action by the City Council, the ' I ' administrative departments now in existence shall be, continued. The rights, powers and duties of the departments shall be prescribed, distributed, assigned, established' or discontinued by ordinance. I . ` Section 11. The City Manager may authorize the head of the department or office I , ;responsible to him to appoint ;and remove subordinates in such department or office. Any_officer or employee who may be appointed by the City Manager or by ;the head of a department or office, except one who holds his position subject to I Civil Service, may be removed. by the Manager or. other such appointing officer at any time. Subject to the provisions of Section 9 herein, the decision of the Manager or other appointing officer shall be final and there shall be no appeal i 1 ' .:therefrom. .. .. _ ... I Section 12. I Appointments made by or under the authority of the City Manager shall be on :the basis of executive and administrative ability and of the training and 1 ;experience of the appointees in the work which they are to perform.. Residence `within the City shall not be a requirement. 1 :Section 13. Neither the Council, nor any of its committees or members shall direct or ,request the appointment of any person to, or his removal from, office by the City Manager or any of his subordinates. Except for the purpose of inquiry, the :Council and its members shall deal with the administrative service solely through the Manager and neither the Council nor any committee or member thereof shall 1 ;give orders to any subordinate of the City Manager, either publicly or privately: j Provided, however, that nothing herein shall be construed to prohibit the Council, ;while in open session, from fully and freely discussing with the City Manager :anything pertaining to appointments and removals of City officers and employees' and City affairs. !Section 14. 1 j The City Manager and other officers, assistants and employees, shall receive such salary or compensation as the Council shall fix by ordinance and same shall': 1 'be payable at such times as the Council shall determine. ;Section 15. I Nothing in this Article shall affect the pension or Civil Service or merit system of the City of Yakima in existence at the effective date hereof. 1 As amended by vote of the people November 4, 1951. Effective date, June 1, I 1959 I 1 I ARTICLE III • Elections 1 Section 1. Elections shall be general, primary or special. A general election shall be held on the second Tuesday in March, 1959, at which time the first council provided for herein shall be elected. A general election shall also be held on the second ;Tuesday in March, 1960, at which time councilmen shall be elected to succeed ;those elected for one year terms at the election held on the second Tuesday in I March, 1959. After the election held the second Tuesday in March, 1960, all ;general elections shall be held on the second Tuesday in March of every. second ;year thereafter. The primary elections shall be conducted in the manner provided by the laws of the State of Washington for primary elections in municipalities, or if. :same are not applicable in such manner as shall be provided by City ordinance. Special elections shall be held whenever required by the laws of the State or by this Charter. The City Council shall by ordinance make all necessary rules for !holding elections and arrangements therefor. The City Commission serving under I I I the charter as now in force shall by ordinance make all necessary arrangements ; for holding the primary and general elections herein mentioned for the second : I !Tuesday in February, 1959, and the second Tuesday in March, 1959, ;respectively. The terms of Councilmen elected to office on the second Tuesday in March shall begin on the first Monday in June following their election. I ! As amended by vote of the people November 4, 1958. Effective date December 11, 1958. . ARTICLE IV I Legislation by the People ! Section 1. The people of Yakima, in addition to the method of legislatio hereinbefore . provided, shall have direct legislation by the initiative and referendum. . I ;Section 2. I ' The initiative shall be exercised in the following manner: : � (a) A petition signed by registered and qualified electors of the City, accompanied by the proposed legislation in the form of a proposed ordinance and requesting that such ordinance be submitted to a vote of the people shall be !filed with the City Clerk. (b) Within two days from the filing of such petition the City Clerk shall certify I the number of votes cast at the last general City election and the number of ;signers of such petition, and shall present such certificate, petition and proposed ;ordinance to the City Commission. I ( (c) If such petition be signed by qualified electors in number equal to twenty :per centum of the total number of votes cast at the last preceding general city s election, the City Commission within twenty days after receipt thereof, except as I ;otherwise provided in this charter, shall either pass such ordinance without ■ • ;alteration, or submit it to a popular vote at a special election which must be held I !within thirty days after the date of the ordering thereof: Provided, however, that if ': any other municipal election is to be held more than thirty days but within ninety ;days after the filing of the petition, said proposed ordinance shall be submitted I without alteration to be voted upon at such election. !Section 3. If, prior to the date when any ordinance shall take effect, a petition signed by ;qualified electors equal in number to ten per centum of the entire vote cast at the. ;last preceding general city election shall be filed with the City Clerk, protesting 'against the enactment of such ordinance, it shall be suspended from taking I ;effect. Immediately upon the filing of the petition the City Clerk shall do all things required in Section 2 of this article. Thereupon the City Commission shall I immediately reconsider such ordinance, and, if it does not entirely repeal the • same, shall submit it to popular vote at the next municipal election; or, the City ;Commission may call a special election for that purpose; and such ordinance I I :shall not take effect, unless a majority of the qualified electors voting thereon at I such election shall vote in favor thereof. Section 4. I The City Commission may submit to popular vote for adoption or rejection at any election any proposed ordinance in the same manner and effected as t provided in this article for submission on petition. 1 Section 5. There shall not be held under this article more than one special election in any period of six months. Section 6. 1 The City Commissioner, by ordinance, shall make further regulations for carrying out the provisions of this article not inconsistent herewith. i I ARTICLE V The Recall Section 1. 1 1 The holder of any elective office, whether elected or appointed thereto, may be removed from such office by recall proceedings as provided by the laws of the State of Washington for elective officers. I Section 2. An officer removed from office by recall election or who shall resign from such ' I . office pending recall proceedings against him shall not be eligible to hold any city ;office or employment within two years after such removal or resignation. ARTICLE VI 1 Additional Powers and Limitations on Officers I Section 1. At all meetings of the City Council every resolution and ordinance shall be in I ;writing and read aloud by title before a vote is taken thereon: provided, at the request of a majority of council members present, a resolution or ordinance shall be read aloud in its entirety before a vote is taken thereon. Upon every vote the I 'yeas and nays shall be called and recorded. All ordinances, except ordinances ;making appropriations or codifying or rearranging existing ordinances, shall be confined to one subject which shall be clearly expressed in the title. Ordinances ; I making appropriations shall be confined to the subject of appropriations. The enacting clause of all ordinances shall be, "Be it ordained by the City of Yakima." ! As amended by vote of the people November 7, 1972. I - Section 2. I Ordinances making the annual tax levy or relating to local improvements or assessments therefor, or making appropriations, emergency ordinances, or r ;ordinances adopted by vote of the electors shall take effect at the time indicated therein all other ordinances shall take effect 30 days after the date of the !publication thereof as herein provided. An emergency ordinance is one to provide' I for the immediate preservation of the public peace, property, health or safety. The unanimous vote of the commission shall be necessary for the passage of an !emergency ordinance. No measure making, or amending a.grant, renewal or I extension of a franchise or other special privilege shall ever be passed as an emergency measure. . I Section 3. 1 Upon its final passage, each ordinance or . resolution shall be authenticated by the signature of the Mayor and attested by the City Clerk and recorded in a book I kept for that purpose: The number and title of each ordinance passed by. the City ;Commission, with certificate as herein provided, attached thereto, shall be 'published once in the official newspaper of the city. Said certificate shall be I 'signed by the City Clerk and shall be in substantially the following, form: "Ordinance No bearing above title, was duly and regularly passed by. ,the City Commission of the City of Yakima, Washington, on the day of I ( 19 , and is now on file with the undersigned at the office of the City ,Clerk, where the same is open to public inspection. 1 Dated City Clerk." I ■ ;Section 4. Members of the City Commission shall be qualified electors of the City, and I shall not hold any other public office except that of Notary Public or member of ;the . military branch of the state or federal government. A member of the City Commission ceasing to possess any of the qualifications specified in this section, or who may be convicted of a crime involving moral turpitude while in office shall immediately forfeit his office. A certified copy of the judgment of conviction filed in the office of the City Clerk shall be prima facie evidence of forfeiture as above I provided. 3 Section 5. r No officer or employee of the City shall solicit or receive any pay, commission, money or thing of value, or derive any benefit, profit or advantage, directly or indirectly from or by reason of any improvement, alteration or repair, or purchase r of materials required by the City, or any contract to which the City shall be a party, except his lawful compensation or salary as such officer or employee. A violation of any of the provisions of this section shall disqualify the offender to continue in office or employment and he shall be forthwith removed therefrom. Section 6. ' I I r Any purchase of supplies, materials, equipment or services, except for public P P work or improvement, where the cost thereof exceeds $2,000 shall be made upon call for bids in'the same method and under the same conditions as required herein on a call for bids for public work or improvement. This monetary limit for the purchase of supplies, material, equipment and services may be increased from time to time, but no more often than one time in any twenty -four month ;period, by ordinance enacted by the vote of no less than a two- thirds majority of the City Council members, to any amount allowed by state law. In the event of an 'emergency declared by resolution of the City Council, any purchase of supplies, `material, equipment or service may be made without calling for bids. As amended by vote of the people November 6, 1984. Section 7. In addition to the provisions of the general law the City Commission may by 'ordinance create and establish special funds into which all monies received for a ! , ;special or specific purpose may be placed: Provided, however, that such fund or funds shall be other than those deriving revenue from taxation. ARTICLE VII Limitation of Taxation r Section 1. The fiscal year of the City shall commence on the first day of January and end on the last day of December each year. 'Section 2. 1 The City Commission shall have power and authority to assess, levy and ;collect taxes upon all the real and personal property (not exempt from taxation) ;within the City for the corporate uses and purposes thereof and provide for the .payment of the debts and expenses of the City. Section 3. ! 1 The aggregate of all the property taxes levied or appropriated for City purposes :including funds for the library, parks and playgrounds, police and firemen's relief 'shall be taken and apportioned by the City Commission from the current expense ;fund which for any one year shall not exceed eighteen mills on each dollar of assessed valuation of the property within the City except as follows: (a) The levies for redemption of and interest on the bonded debt of the City heretofore or hereafter authorized in the manner provided, by law; (b) The levy for local improvement district assessment guaranty fund as ;required by law; (c) Such other levies as may have been heretofore or which may hereafter be required by general law. Section 4. t I No special levies shall be made for other purposes than those above specified except those which may be authorized at an election. r Section 5. All City funds shall be administered by the City Commission and boards or I committees selected by the City. Commission to assist in the management of any municipal activities, if any are selected, shall act in an advisory capacity only. I ; Section 6. The City Commission, shall make no appropriation in aid of any corporation, ,person or society not expressly authorized by this charter. 1 . , A RTICLE VIII ■ Special Boards ;Section 1. 1 The City Commission may appoint advisory boards to assist in administering the public library, parks and playgrounds and city planning. The City Commission 'shall have full charge of the budgets for such purposes and shall by ordinance r } regulate the organization and duties of such boards, and may provide that any monies acquired by donation, bequest or from leases or concessions, fines, or !penalties shall be used in addition to the amount set aside in the annual budget out of the tax levy. 1 r ARTICLE IX Public Utilities : Section 1. The City Commission shall provide by ordinance rules and regulations and make provisions for the control, management and operation of all public utilities I owned and operated by the City, or which may hereafter be acquired by the City in the manner provided by law, or which the City may by law govern, control or regulate. I . , Section 2. The City Commission shall have power to arrange by ordinance for the • financing and repair, replacement, rehabilitation or extension of any public utility owned and operated by the City, provided, . however, that such financing shall be arranged upon the credit of the utility itself and not upon the issuance of general r ;obligation bonds of the City. ARTICLE X I Claims r I 1 Section 1. • I All claims for damages against the City, whether sounding in tort or arising out of contract, shall be presented in writing to the City Commission within 30 days after the date upon which such damages are claimed to have been sustained. Such claims shall accurately state the time, place, cause, nature and extent of the alleged damages and give the actual residence of the claimant by street and number, if any, at the date of presenting such claim, and for six months immediately prior to the time such claim for damages accrued, and shall be verified by affidavit of the claimant or if the claimant be a minor or otherwise incapacitated from verifying, then such claim shall be verified by any relative or by an attorney or agent of such claimant, to the effect that the same is true. No !action shall be maintained against the City for any claim of damages until 60 1 days have elapsed after the rejection of such claim. Failure to present any such !claim in the manner or within the time in this section provided shall be a bar to any action against the City therefor: ARTICLE XI 0 Franchises Section 1. r No exclusive franchise shall ever be granted. Section 2. 1 No franchise or right to occupy or use the streets, highways, bridges, or public places of the City shall be granted, renewed or extended except by ordinance, ;which ordinance shall be submitted to a vote of the electors of the City at a ;general or special election and shall not become operative unless approved by a :majority of the electors voting upon said franchise: Provided, that the City :Commission shall have authority without necessity of reference to the electors, to pass an ordinance granting permission to lay a spur track or tracks connecting a `main line of railroad with adjacent manufacturing plants, warehouses or other private property. 'Section 3. No franchise shall be granted unless there be inserted therein a provision that the City may acquire the public utility for the exercise of which the franchise is granted, either by agreement or by condemnation, and that upon such purchase by the City, either by agreement or condemnation, no value of the franchise itself shall be taken into account in fixing the price to be paid by the City for such utility. `Section 4. No franchise shall be granted by the City for a longer term than twenty -five years. Section 5. • I No franchise shall be renewed or extended earlier than three years prior to its ;expiration. I ; Section 6. No franchise shall be granted without provision for proper compensation to the I ,City. Such compensation shall when feasible be a percentage upon the gross earnings of the person or corporation to whom such franchise is granted arising from the exercise of such franchise. When the determination of the gross earnings by the exercise of the franchise is not feasible the ordinance granting I said franchise shall prescribe such other mode of determining the compensation to be paid the City by the grantee as shall be deemed reasonable and just. I 1 Section 7. The grantee or assignee of any franchise granted by the City shall submit to • 1 the City Commission within sixty days after the first day of January of each :year,, an annual report verified by the oath of such person or the president, treasurer or ; general manager of such corporation, which shall contain such detailed I i nformation as may be prescribed by the City Commission to enable it to ;determine the amount of compensation to be paid to the City for the use of said ;franchise during the preceding year. Any such person, persons, or corporations which shall refuse or fail to make any such report within the time specified shall be liable to a penalty of one hundred dollars for each and every day during which he or it shall fail to file such report, such penalty to be sued for and recovered by I the City in any court having jurisdiction thereof. . i ;Section 8. . I . I No franchise granted by the City shall ever be leased, assigned or otherwise ;alienated without the express consent of the City Commission by ordinance passed for that purpose, and no rule of estoppel shall ever be invoked against I the City in case it shall assert the invalidity of any attempted transfer in violation 'of this section. . I Section 9. . The grant of every franchise for a street, suburban, or interurban railroad or bus line shall provide that all United States mail carriers, city officials, police men I ' s and firemen shall at all time while in the actual discharge of their duties be ;allowed to ride upon such cars or busses under said franchise without paying therefor, and with all rights of other passengers. I Section 10. . . No franchise, right, privilege, or license shall be considered as granted by any I ordinance except when expressed therein in plain and unambiguous terms, and if any ambiguity appears therein it shall be construed in favor of the city and against the claimant under said ordinance. . ARTICLE XII I Power to Incur Indebtedness 1 Section 1. 1 The City may borrow money and be come indebted in any legal way, subject, as to the amount and manner of incurring indebtedness, to the provisions and 'limitations of the constitution and laws of the state and this charter; and subject to; 1 the same provisions and limitations, the City may issue bonds to secure any ,existing or contemplated indebtedness. 1 Section 2. When a popular vote is not required by law, the City Commission by ordinance may authorize any indebtedness and the issuance of bonds. s ARTICLE XIII I Amendments 1 {Section 1. I This charter may be amended in the manner provided by the laws of the State of Washington. .In addition thereto the City Commission may provide by !ordinance for a special election to be held on the first Monday in December, 1 1931, at which time amendments to this charter may be submitted: Provided, that if a petition for such election signed by not less than 500 qualified voters of the ;City shall be submitted not less than 30 days prior thereto, then the City !Commission shall be required to call such election. At the said special election the City Commission may submit other questions which in its judgment should be ;determined by the people. In subsequent years special elections for amending 1 this charter may be called by the City Commission or shall be called upon petition! of not less than 500 qualified voters. , . ARTICLE XIV Schedule i Section 1. Upon the taking effect of this charter all title, right and interest of the former 1 :corporation in and to any and all property, real or personal, of whatever kind or character, shall vest in and be owned by the corporation created by this charter. Section 2. 1 All ordinances and resolutions in force at the time this charter shall go into effect and not inconsistent herewith, shall remain in force until amended or 1 repealed or until they expire by limitation. All rights and obligations in favor of or against the City existing at the time this charter shall go into effect shall continue without modification. All street and other improvements, all vacations of public I streets, alleys or places, all assessments for improvements, all suits and actions in court, all fines, penalties and forfeitures and all other matters relating to the . I 1 I 1 , City that may have been begun and not completed, shall be completed according 'to the law and ordinances existing prior to the time this charter shall go into , 1 ;effect, and all taxes and assessments levied and remaining unpaid when this charter shall go into effect shall be collected as provided by the law existing and in effect at the time the same were levied. I II I Section 3. . At the election to be held for the purpose of adopting or rejecting this charter, I ; articles numbered I to XIV, inclusive, shall be submitted upon the ballot as a complete charter and shall be included in the vote "For the Charter" and "Against the Charter," and in event that a majority of all votes cast thereon, shall be "For 111 the Charter" said charter shall be adopted. ARTICLE XV City Emergency Hospital Ii The City shall have the power and authority to provide for the establishment, ; maintenance and operation of an emergency hospital, either in conjunction with the County of Yakima, or separately; and the City Commission of said city, may in lieu thereof, designate some existing hospital within the city limits as a city I emergency hospital, and provide by ordinance for the treatment of emergency accident patients therein, at the expense of the City of Yakima. • As adopted by vote of the people, December 5, 1936. . ARTICLE XVI Civil Service Section 1. . The general purpose of this charter amendment is to establish for the City of stem Yakima a system f i y _ o personnel administration based on merit principles and • governing the appointment, promotion, transfer, layoff, removal, discipline and 'welfare of its employees, and other incidents of city employment. Section 2 I I . The following terms, whenever used in this Article, shall be construed as follows: (a) "Commission" means the civil service commission herein created, and "Commissioner" means any one of the three members of any such commission. (b) "Appointing power " — Appointing power means the officer or person, board or committee who is empowered to make appointments for employment in I the city civil service. (c) "Appointment" includes all means of selecting, appointing, or employing • .. any person to any office, place, position, or employment in civil service. I (d) "City" means the City of Yakima, Washington. 1 (e) "Employees" means all persons regularly employed by the City of Yakima, Washington, either on a part-time or full -time basis with the exception of those persons listed in Section 6. Section 3. There is created a city civil service commission which shall be composed of 'three persons. The commission members shall be appointed by the City Council in the following manner: (a) One member shall be appointed by the City Council: (b) The second member shall be appointed by the City Council from a list of three names submitted to the Council chosen by a referendum of city employees, ;excluding police and firemen. The City Clerk shall conduct the referendum :and , shall formulate proper rules and regulations for said referendum. (c) The third shall be appointed by the City Council from a list of three names !submitted to the council by the other two civil service commissioners. (d) The term of office of the commissioners shall be for six years or until a successor is selected and qualified, except that the first three members of the commission shall be appointed for different times, as follows: The appointee from the employee referendum list shall serve for a period of six years, the appointee at large as designated in subsection (a) above to serve for a period of four years, and the third appointee to serve for two years. All commissioners must be ;registered voters of Yakima County. Any member of the commission may be 'removed from office for incompetency, incompatibility, or dereliction of duty, or 'malfeasance of office, or other good cause; provided, that no member of the :commission shall be removed until charges have been preferred, in writing, due notice, and a full hearing held before the City Council. Any vacancy in the ,commission shall be filled in the same manner as provided for selecting the :commissioner previously filling the vacancy. Two members of the commission ;shall constitute a quorum and the votes of any two members concurring shall be !sufficient for the decision of all matters and the transaction of all business to be decided by the commission. No member of the civil service commission shall !engage in active partisan or non - partisan politics and hold any salaried public office or engage in city employment, other than his commission duties. The members of the commission shall serve without compensation. 'Section 4. 1 Immediately after appointment the commission shall organize by electing one of its members chairman and shall hold regular meetings at least once a month, and such additional meetings as may be required for the proper discharge of its duties. All meetings of the commission shall be open to the public. It shall appoint a chief examiner who shall also serve as secretary of the ' 'commission and such assistants as may be necessary. The chief examiner shall 'keep the records for the commission, preserve all reports made to it, superintend and keep a record of all examinations held under its direction and perform such ! i :their duties as the commission may prescribe. The chief examiner shall be appointed as a result of competitive examination, 'which examination may be either original and open to all properly qualified 1 persons, or promotional and limited to persons already in the service of the City of Yakima, Washington. The chief examiner shall be subject to suspension, ' :reduction, or discharge in the same manner and subject to the same limitations as are provided in the case of members of the classified service. A pay and classification plan with job descriptions providing equal pay for equal work shall be devised by the .chief examiner with the cooperation and ;approval of the civil service commission which shall be submitted in ordinance iform,to the City Council for passage. Section 5. It shall be the duty of the civil service commission: (a) To make suitable rules and regulations not inconsistent with the provisions hereof. Such rules and regulations shall provide in detail the manner in which examinations may be held, and appointments, promotions, transfers, • 'reinstatements, demotions, suspensions, and.discharges'shall be made, and. may also provide for any other matters connected with the general subject of personnel administration, and which may be considered desirable to further carry ' out the general purposes of this Article, or which may be found to be in the ;interest of good personnel administration. The rules and regulations and any amendments thereof shall be printed, mimeographed, or multigraphed for free ' public distribution. Such rules and regulations may be changed from time to time. Prior to adoption of new rules or changes in existing rules all interested parties 'shall be given an opportunity to express opinions concerning the proposed rules ' at the regular public meetings of the commission. (b) To give practical tests which shall consist only of subjects which will fairly determine the capacity of persons examined to perform duties of the position to (which appointment is to be made. Such tests may include tests of physical fitness or manual skill or both. . (c) To make investigations and to report upon all matters concerning the ' enforcement and effect of the provisions of this Article, and the rules and regulations prescribed hereunder; to inspect all departments, offices, places, . . ' positions, and employments affected by this Article, and ascertain whether this Article and all such rules and regulations are being obeyed. Such investigations may be made by the commission or by any commissioner designated by the ' ,commission for that purpose. Not only must these investigations be made by. the 'commission as aforesaid, but the commission must make like investigation on petition of any citizen, duly verified, stating that irregularities or abuses exist, and ;setting forth in concise language, in writing, the necessity for such investigation. In the course of such investigation the commission, or the chairman or chief 'examiner when authorized by a majority vote of the commission, may issue ' 'subpoenas to compel the attendance at such place as may be designated in this City of witnesses and the production of books and papers pertinent to any inquiry or investigation authorized by this Article; or may take depositions of witnesses. 1 Subpoenas shall also be issued at the request of the parties to the proceedings other than the commission and the chairman.. The commission or any member thereof, or the chief examiner, when authorized by the commission, may. . administer oaths and take testimony. The commission or the chief examiner may 1 1 examine such public records as they require in relation to any matter which they have authority to investigate. (d) To conduct hearings and investigations in accordance with this Article and by the rules of practice and procedure adopted by the commission, and in the conduct thereof neither the commission, nor designated commissioner shall be bound by technical rules of evidence. No informality in any proceedings or 'hearing, or in the manner of taking testimony before the commission or 'designated commissioner, shall invalidate any order, decision, rule, or regulation ; made, or confirmed by the commission; provided, That no order, decision, rule or j regulation made by any designated commissioner conducting any hearing or investigation alone shall be any force or effect whatsoever unless and until concurred in by at least one of the other' two members. (e) To hear and determine appeals or complaints respecting the allocation of ;positions, the rejection of an examinee, and such other matters as may be referred to the commission. 1 (f) To provide for, formulate, and hold competitive tests to determine the relative qualifications of persons who seek employment in any class or position and as a result thereof establish eligible lists for the various classes of positions, and provide that persons laid off because of curtailment of expenditures, ;reduction in force; and for like causes, head the list in the order of their seniority, to the end that they shall be the first to be reemployed. (g) It shall be the duty of the Civil Service Commission to certify to the ;appointing authority, when a vacant position is to be filled, on written request, the names of the three persons highest on the eligible list for the class. Any one of the three persons so certified may be appointed. If there is no such list, to ;authorize a provisional or temporary appointment list for such class. Such temporary or provisional appointment(s) shall not continue for longer than five ;months in any one fiscal year. (h) To keep such records as may be necessary for the proper administration of this Article. As amended by vote of the people November 8, 1983. 0 Section 6. The classified civil service and provisions of this Article shall be applicable to and shall include all employees of the city except the following: (a) Officers elected by the people and persons appointed to fill vacancies in elective offices; (b) Members of boards and commissions and the City Manager; (c) Employees under civil service coverage within the police and fire departments; (d) All department heads; one confidential secretary and one administrative assistant for the City Manager; (e) Judges, City Attorney and all assistant city attorneys; (f) Persons employed in a professional or scientific capacity to make or ;conduct a temporary and special inquiry, investigation, or examination on behalf of the City Council or a committee thereof, or by authority of the City Manager. I 'Section 7. All appointments to and promotions to positions in the classified civil service of I the City of Yakima shall be made solely on merit, efficiency, and fitness; which shall be ascertained by open competitive examination and impartial investigation. No person in the classified civil service shall be reinstated in or transferred, ' I `suspended, or discharged from any such place, position, or employment contrary to the provisions of this Article. I Section 8. i For the benefit of the public service and to prevent delay, injury, or interruption 'therein by reason of the enactment hereof, all persons holding a position which is I deemed classified under Section 6 for a continuous period of six months prior to the effective dates of this Article, and still currently employed, are eligible for I permanent appointment under civil service to the offices, places, positions or :employment which they then held without examination or other act on their part, and not on probation; and every such person is automatically adopted and :inducted permanently into civil service, into the office, place, position or I ; employment which he then held as completely and effectually to all intents and :purposes as if such person had been permanently appointed thereto under civil I `service after examination and investigation. i Section 9. The tenure of every person holding an office, place, position or employment I ; under the provisions of this Article shall be only during good behavior, and any such person may be removed or discharged, suspended without pay, demoted or ;reduced in rank, for any of the following reasons: I (a) Incompetency, inefficiency, or inattention to, or dereliction of duty; ' (b) Dishonesty, intemperance, immoral conduct, insubordination, discourt eous treatment of the public, or a fellow employee, or any other act of I omission or commission tending to injure the public service; or any other wilful 'failure on the part of the employee to properly conduct himself; or any wilful ; violation of the provisions of this Article or of the rules and regulations to be adopted hereunder; (c) Mental or physical unfitness of the position which the employee holds; ' (d) Dishonest, disgraceful, or prejudicial conduct; (e) Drunkenness or use of intoxicating . liquors, narcotics, or any other habit `forming drug, liquid, or preparation t� such extent that the use thereof interferes I with the efficiency or mental or physical fitness of the employee or which iprecludes the employee from properly performing the function and duties of any position under civil service; I (f) 'Conviction Conviction of a felony, or a, misdemeanor involving moral turpitude; (g) Any other act or failure to act which in the judgment of the civil service commission is sufficient to show the offender to be an unsuitable and unfit I person to be employed in the public service. 'Section 10. iii II I 1 No person in the classified civil service who has been permanently appointed or inducted into civil service under provisions of this Article, shall be removed, suspended, or demoted except for cause, and only upon written accusation of the appointing power or any citizen or taxpayer; a written statement of which accusation, in general terms, shall be served upon the accused; and a duplicate filed with the commission. Any person so removed, suspended, or demoted may within ten days from the time of his removal, suspension, orr demotion, file with the commission a written demand for an investigation, whereupon the `commission shall conduct such investigation. The investigation shall be confined ' to the determination of the question of whether the removal, suspension, or !demotion was made in good faith for cause. After such investigation the commission may affirm the removal, or if it finds that removal, suspension or !demotion was not made in good faith for cause, shall order the immediate 'reinstatement or reemployment of such person in the office, place, position, or employment from which he was removed, suspended, or demoted, which reinstatement shall, if the commission so provides be retroactive, and entitle such ;person to pay or compensation from the time of the removal, suspension, or demotion. The commission upon such investigation in lieu of affirming a removal, may modify the order by directing a suspension without pay, for a given period, and subsequent restoration to duty, or demotion in classification, grade, or pay. ;The findings of the commission shall be certified, in writing to the appointing power, and shall be forthwith enforced by such officer. All investigations made by the commission pursuant to this section shall be by ;public hearing, after reasonable notice to the accused of the time and place thereof, at which hearing the accused shall be afforded an opportunity of appearing in person and by counsel, and presenting his defense. The subpoena provisions of Section 5 of this Article shall apply to all such hearings. If the order of removal, suspension, or demotion is concurred in by the commission or a majority thereof, the accused may appeal therefrom to the superior court of the 1 county wherein he resides. Such appeal shall be taken by serving the commission, within thirty days after the entry of its order, a written notice of appeal, stating the grounds thereof, and demanding that a certified transcript of 1 the record and of all papers on file in the office of the commission affecting or relating to its order, be filed by the commission with the court. The commission shall, within ten days after the filing of the notice, make, certify, and file such i transcript with the court. The court shall thereupon proceed to hear and determine the appeal in a summary manner. Such hearing shall be confined to the determination of whether the order of removal, suspension, or demotion made by the commission, was or was not made in good faith for cause, and no !appeal shall be taken except upon such ground or grounds. The decision of the 'superior court may be appealed to the supreme court. ' Section 11. • Whenever a position in the classified service becomes vacant, the appointing power, if it desires to fill the vacancy, shall requisition the commission for the names and addresses of persons eligible for appointment thereto. The !commission shall certify the names of three persons highest on the eligible list for , 1 1 I . the class to which the vacant position has been allocated, who are willing to p 9 accept employment. In case of more than one vacancy in a particular class one ■ I 'additional name shall be certified for each additional vacancy. If there is no `appropriate eligible list for the class, the commission shall certify the name of :three persons standing highest on the list held appropriate for such class. The I ;appointing power shall forthwith make its appointment to the vacant position from the list of persons so certified. To enable the appointing power to exercise a choice in the filling of positions, I no appointment, employment, or promotion in any position in the classified !service shall be deemed complete until after the expiration of .a period of six ;months, probationary service, as may be provided in the rules of the civil service I commission, during which the appointing power may terminate the employment of the person certified to him, if during the performance testthus afforded, upon observation or consideration of the performance of duty, the appointing power ; deems him unfit or unsatisfactory for employment by the City of Yakima. - Thereupon the appointing power shall select from the persons certified as I standing next highest on any such list and such person shall likewise enter upon said duties for the probationary period, until some person is found who is 'deemed fit for appointment, employment, or promotion whereupon the appointment, employment, or promotion shall be deemed complete. I Section 12. I 1 All offices, places, positions, and employments coming within the purview of :this Article shall be filled by the appointing'power; nothing herein contained shall 'infringe upon the authority that the City Council may have to fix the salaries and I compensation of all employees employed hereunder. 0 Section 13. I No treasurer, clerk or other officer, or employee of the City subject to this 'Article shall approve the payment of or be in any manner concerned in paying, auditing, or approving any salary, wage, or other compensation for services, to I ; a n y person subject to the jurisdiction and scope of this Article, unless a payroll, ,estimate, or account for such salary, wage, or other compensation, containing 'the names of the.persons to be paid, the amount to be paid, and any other I information which, in the judgment of the civil service commission, should be ? furnished on such payroll, bears the certificate of the civil service commission, or of its chief examiner or other duly authorized agent, that the persons named I . ;therein have been appointed or employed in compliance with the terms of this Article and the rules of the commission, and that the payroll, estimate, or account is, insofar as known to the commission, a true and accurate statement. The I 'commission shall refuse to certify the pay of any public officer or employee whom; it finds to be illegally or improperly appointed, and may further refuse to certify the pay of any public officer or employee who wilfully or through culpable 1 I negligence, violates or fails to comply with this Article or with the' rules of the commission. i I ;Section 14. - 0 I • The commission shall begin and conduct all civil suits which may be necessary for the proper enforcement of this Article and rules of the commission. The commission shall be represented in such suits by the city attorney. Section 15. The right of any person to an appointment or promotion or to any position in classified service of the City shall not be withheld because of his race, color, religion, national origin, political affiliation or belief, nor shall any person be dismissed, demoted, transferred or reduced in grade for such reason. Section 16. No public officer, whether elected or appointed, shall discharge, promote, -demote, or in any manner change the official rank, employment, or compensation . of any person under civil service or promise or threaten sotto do for giving or 'withholding, or neglecting to make any contribution of money, or services, or any other valuable thing, for any political purpose. Section 17. . t All officers and employees of the City shall aid in all proper ways in carrying out the provisions of this Article, and such rules and regulations as may, from time to time, be prescribed by the commission and afford the commission, its members, and employees, all reasonable facilities and assistance in the inspection of books, papers, documents, and accounts applying or in any way appertaining to any and all offices, places, positions, and employments, subject to civil service, and also shall produce such books; papers, documents, and . accounts, and attend and testify, whenever required so to do by the commission or any commissioner. 'Section 18. The City Council shall provide in the city budget for each fiscal year a sum equal to one half of one per cent of the preceding year's total payroll of those included under the scope of this Article. The funds so provided shall be used for the support of the commission. The City Council may provide additional funds for such purpose; any part of the funds so provided and not expended shall be placed in the current expense fund on the first day of January following the close of such fiscal year. Section 19. This Article shall be full force and effect on and after the first Monday in June, 1959. Section 20. If any section, sentence, clause, or phrase of this Article should be held to be invalid or unconstitutional, the validity or constitutionality thereof shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Article. As adopted by vote of the people March 10, 1959. Effective date June 1, 1959. Uhapter 3 S LL KU W: t first -class cities ' rage i cm JO I 4. k � ,� ,i , T T TATS G1 * y ` r r x K a� ' ch I Help r t � .... ... K-'f 41 n r n a'..., ,� F .. 4 h ... a ,. .,. �. ., s, , . , . av .x I I Inside the Legislature RCWs > Title 35 > Chapter 35.22 * Find Your Legislator II * Visiting the Legislature . Chapter 35.22 RCW • Agendas, Schedules and First -class cities Calendars ' I *. Bill Information Chapter Listing I RCW Dispositions * Laws and Agency Rules * Legislative Committees *° Legislative Agencies RCW Sections II -* Legislative Information Center 35.22.010 Laws governing. .*, E - mail Notifications 35.22.020, Mode of exercising powers, functions and duties. I I * Studen (Listsenrts) ' Page 35.22.030 Cities having ten thousand or more population may frame charter for own 'government. * History of the State Legislature 35.22.050 Election of freeholders to frame charter. II Outside the Legislature 35.22.055 Election of freeholders in cities of three hundred thousand or more population Designation of positions -- Rotation of names on ballots. * Congress - the Other I I TVW Washington 35.22.060 Submission of charter — Publication. 35.22.070 Election on adoption of charter -- Notice. * Washington Courts • OFM Fiscal Note Website 35.22.080 Conduct of elections. III Access 35.22.090 Form of ballot. 4Vashngt ©r�� 35.22.100 Certificates of election to officers. U 35.22.110 Authentication of charter. 35.22.120 Petition for submission of charter amendment. . 35.22.130 Requisites of petition -- Effect of favorable vote. 1 35.22.140 New or revised charter — Petition -- Freeholders. 35.22.150 Submission of new charter. I 35.22.160 Election on adoption of new charter. 35.22.170 Publication of proposed charter. I 35.22.180 Conduct of elections. 35.22.190 Effect of favorable vote. 35.22.195 Powers of cities adopting charters. I 35.22.200 Legislative powers of charter city — Where vested — Direct legislation. . 35.22.205 Compensation and hours of mayor and elected officials. 1 • 35.22.210 Separate designation of councilmembers in certain first -class cities. 35.22.220 Repeal of separate designation. I • • 35.22.235 First -class mayor- council cities — Twelve councilmembers. 35.22.245 First -class mayor - council cities -- Seven councilmembers. 35.22.280 Specific powers.enumerated. • • 35.22.282 City and town license fees and taxes on financial institutions. I http: // apps. leg. wa. gov /rcw /default.aspx ?cite = 35.22 &full =true 8/27/2010. Chapter 35.22 RCW: First -class cities Page 2 of 3U 1 35.22.283 City license fees or taxes on certain business activities to be at a single uniform rate. . 35.22.284 Association of sheriffs and police chiefs. . 35.22.285 Nonpolluting power generation by individual -- Exemption from regulation — Authorization to contract with utility. 35.22.287 Hydroelectric resources -- Separate legal authority -- Creation by irrigation districts and cities, towns, or public utility districts. 35.22.288 Publication of ordinances or summary — Public notice of hearings and meeting agendas. 35.22.290 Additional powers — Auditoriums, art museums. 35.22.300 Leasing of land for auditoriums,. etc. 35.22.302 Conveyance or lease of space above real property or structures or improvements. 35.22.305 Department for administration, etc., of property incident to civic center Creation authorized — Supervision — Authority. • 35.22.310 Cesspools, filling of - Removal of debris, etc. 35.22.320 Collection of cost of filling cesspools, etc. 35.22.330 Radio communication. 35.22.340 Streets -- Railroad franchises in, along, over, and across. 35.22.350 Utilities — Collective bargaining with employees. 35.22.360 Utilities — Wage adjustments. 35.22.362 Nuclear thermal power facilities -- Joint development with public utility districts and electrical companies. 35.22.365 Public transportation systems in municipalities -- Financing. • 35.22.370 Wards -- Division of city. 1 35.22.410 Wharves — City may let wharves or privileges thereon. 35.22.415 Municipal airport located in unincorporated area -- Subject to county • comprehensive plan and zoning ordinances. 35.22.425 Criminal code repeals by city operating municipal court -- Agreement covering costs of handling resulting criminal cases -- Arbitration. 35.22.570 Omnibus grant of powers to first -class cities. 35.22.580 Diversion of local improvement moneys prohibited -- Refund of excess. 35.22.590 Bonds voted by people — Transfer of excess to redemption fund. 35.22.600 Liability for violations of RCW 35.22.580 or 35.22.590. 35.22.610 Police officers — Appointment without regard to residence authorized. 35.22.620 Public. works or improvements -- Limitations on work by public employees -- Small works roster -- Purchase of reused or recycled materials or products. 35.22.625 Public works or improvements -- Inapplicability of RCW 35.22.620 to certain agreements relating to water pollution control, solid waste 1 handling facilities. • 35.22.630 Public works or improvements -- Cost amounts — How determined. 35.22.635 Public works or improvements -- Low bidder claiming error- - Prohibition on later bid for same project. • http:// apps.leg.wa.gov /rcw /default.aspx ?cite= 35.22 &full =true 8/27/2010 Chapter 35.22 RCW: First -class cities Page 3 of 30 35.22.640 Public works or improvements -- Electrical distribution and generating systems -- Customer may contract with qualified electrical contractor. 35.22.650 Public works or improvements -- Minority business, employees - . Contract, contents. 35.22.660 Child care facilities — Review of need and demand — Adoption of • ordinances. 35.22.680 Residential care facilities -= Review of need and demand -- Adoption of ordinances. 35.22.685 Conditional and special use permit applications by parties licensed or certified by the department of social and health services or the department of corrections -- Mediation prior to appeal required: 35.22.690 First -class cities subject to limitations on moratoria, interim zoning . controls. 35.22.695 Planning regulations -- Copies provided to county assessor. 35.22.700 Conformance with chapter 43.97 RCW required. 35.22.705 Purchase of electric power and energy from joint operating agency: 35.22.900 Liberal construction. Notes: Accident claims against: RCW 35.31.020. I Actions against public corporations: RCW 4.08.120. stater Chapter 4.92 RCW. Actions by in corporate name: RCW 4.08.110. Advancement in classification: RCW 35.06.010. Annexation of federal areas: RCW 35.13.185. Bond issues by proxy: Chapter 35.36 RCW. Charters provisions on local improvements superseded: RCW 35.43.030. subject to general laws: State Constitution Art. 11 § 10 (Amendment 40). Classification as: RCW 35.01:010. . Discrimination, administrative remedies authorized: RCW 49.60.330. Employment of legal interns: RCW 35.21.760. Harbor improvements, joint planning authorized: RCW 88.32.240, 88.32.250. Health officer, birth and death records, furnishing of, fees: RCW 70.58.107. Inhabitants at time of organization: RCW 35.01.010. . Judgment against local governmental entity, enforcement: RCW 6.17.080. Limitations on indebtedness: State Constitution Art. 7 § 2 (Amendments 55, 59), Art. 8 § 6 (Amendment 27), chapter 39.36 RCW, RCW 84.52.050. • • Local improvement bonds: Chapters 35.43 through 35.48 RCW, http:// apps.leg.wa.gov /rcw /default.aspx ?cite= 35.22 &full =true 8/27/2010 • Chapter 35.22 RCW : First -class cities rage 4 or su bonds, collection of assessments: RCW 35.49.010. laws superseded: RCW 35.43.030. Lost and found property: Chapter 63.21 RCW. Municipal transportation systems, budget by transportation commission: RCW 35.32A.010. Officers I • salaries of, not to be changed during term: State Constitution Art. 11 § 8 (Amendment 57). vacancies not to be extended: State Constitution Art. 11 § 8 (Amendment 57). Organization under general laws required: State Constitution Art. 11 § 10 (Amendment 40). Parking, off - street facilities: Chapter 35.86 RCW. , • Police regulations, enforcement of: State Constitution Art. 11 § 11. - • relief and pensions in first -class cities: Chapter 41.20 RCW. - Public funds deposited with treasurer: State Constitution Art. 11 § 15. use of, by official, a felony: State Constitution Art. 11 § 14. Public health pooling fund: Chapter 70.12 RCW. Retirement and pensions: Chapter 41.28 RCW. Roadways, elevated, authority to construct: RCW 35.85.010. Sanitary fills: RCW 35.73.010. Service of summons on, personal service: RCW 4.28.080. 1 Sidewalks, construction and reconstruction, generally: Chapter 35.69 RCW. Streets and alleys, grades at high elevation, drainage impractical on private abutting land, effect: Chapter 35.73 RCW. Subways, authority to construct: RCW 35.85.050. Taxes, collection by county treasurer: RCW 36.29.100, 36.29.110. • Tunnels, authority to construct: RCW 35.85.050. Unclaimed property in hands of city police: Chapter 63.32 RCW. Viaducts, authority to construct: RCW Vital statistics, primary registration district: RCW 70.58.010. • 35.22.010 Laws governing. Cities of the first class shall be organized and governed according to the law providing for the . government of cities having a population of ten thousand or more inhabitants that have adopted a charter in accordance with Article XI, section 10 of the state Constitution. [1997 c 361 § 12; 1965 c 7 § 1 http: // apps .leg.wa.gov /rcw /default.aspx ?cite= 35.22 &full =true 8/27/2010 • Chapter 35.22 RCW: First -class cities Page 5 of 30 r . • I 35.22.010. Prior: 1890 p 143 § 23; RRS § 8947.] Notes: • First class city; defined: RCW 35.01.010. • • • r , 35.22.020 • • Mode of exercising powers, functions and duties. The form of the organization and the manner and mode in which cities of the first class shall I exercise the powers, functions and duties conferred upon them by law, with respect to their own government, shall be as provided in the charters thereof. [1965 c7§ 35.22.020. Prior: 1911 c 17 § 1; RRS § 8948.] r 35.22.030 Cities having ten thousand or more population may frame charter • for own government. Any city with a population of ten thousand or more inhabitants may frame a charter for its own government. I [1965 ex.s. c 47 § 5; 1965 c 7 § 35.22.030. Prior: 1890 p 215 § 1; RRS § 8951.1 I Notes: C ities of ten thousand or more . may frame charters without change in classification: RCW 35.22.195. I - permitted to frame charters: State Constitution Art. 11 § 10 (Amendment 40). I 35.22.050 Election of freeholders to frame charter. r . Whenever the population of a city is ten thousand or more, the legislative authority thereof shall provide by ordinance for an election to be held therein for the purpose of electing fifteen freeholders for the purpose of framing a charter for the city. The members of the board of freeholders must be qualified electors and must have been residents of the city for a period I of at least two years prior to their election. [1965 ex.s. c 47 § 7; 1965 c 7 § 35.22.050. Prior: 1890 p 216 § 3, part; RRS § 8953, part] I 35.22.055 . • Election of freeholders in cities of three hundred thousand or more population — De signation of positions — Rotation of names on I ballots. . Notwithstanding any other provision of law, whenever the population of a city is three • . hundred thousand persons or more, not less than ten days before the time for filing declarations of candidacy for election of freeholders under Article XI, section 10 (Amendment 40), of the state Constitution, the city clerk shall designate the positions to be filled by • r • • http :// apps .leg.wa.gov /rcw /default.aspx ?cite= 35.22 &full =true . • .8/27/2010 . Chapter 35.11 KC W: r irst -class cities rage o or Ju consecutive number, commencing with one. The positions to be designated shall be dealt with as separate offices for all election purposes, and each candidate shall file for one, but only one, of the positions so designated. In the printing of ballots, the positions of the names of candidates for each numbered position shall be changed as many times as there are candidates for the numbered positions, following insofar as applicable the procedure provided for in *RCW 29.30.040 for the rotation of names on primary ballots, the intention being that ballots at the polls will reflect as closely as practicable the rotation procedure as provided for therein. [1974 ex.s. c 1 § 1.] Notes: • I *Reviser's note: RCW 29.30.040 was recodified as RCW 29A.36.140 pursuant to 2003 c 111 § 2401, effective July 1, 2004. RCW 29A.36.140 was subsequently repealed by 2004 c 271 § 193. 1 Severability –1974 ex.s. c 1: "If any provision of this 1974 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1974 ex.s. c 1 § 3.] 1 ,35.22.060 Submission of charter — Publication. 1 The board of freeholders shall convene within ten days after their election and frame a charter for the city and within thirty days thereafter, they, or a majority of them, shall submit the charter to the legislative authority of the city, which, within five days thereafter, shall cause it to be published in the newspaper having the largest general circulation within the city at least once each week for four weeks next preceding the day of submitting the same to the electors for their approval: ' [1985 c 469 § 22; 1965 ex.s. c 47 § 8; 1965 c 7 § 35.22.060. Prior: 1890 p 216 § 3, part; RRS § 8953, part] Notes: Submission of proposed charter, publication: State Constitution Art. 11 § 10 (Amendment 40). 1 35.22.070 Election on adoption of charter — Notice. Within five days after the filing with the city clerk of affidavits of publication, which affidavits shall be filed immediately after the last publication, the legislative authority of the city shall initiate the proceedings for the submission of the proposed charter to the qualified voters of the city for their adoption or rejection at either a general or special election. At this election the first officers to serve under the provisions of the proposed charter shall also be elected. In electing from wards, the division into wards as specified in the proposed charter shall govern; in all other respects the then existing laws relating to such election shall govern. The notice shall specify the objects for which the election is held, and shall be given as required by law. [1965 ex.s. c 47 § 9; 1965 c 7 § 35.22.070. Prior: (i) 1890 p 216 § 3, part; RRS § 8953, part. (ii) 1890 p 223 § 6, part; RRS § 8977, part.] Notes: • 1 http: // apps. leg .wa.gov /rcw /default.aspx ?cite= 35.22 &full =true 8/27/2010 Chapter 35.22 RCW: hrst -class cities rage of 30 1 1 Election on adoption of charter, notice: State Constitution Art. 11 § 10 (Amendment 40). I 35.22.080 Conduct of elections. I The election of the members of the board of freeholders and that upon the proposition of adopting or rejecting the proposed charter and the officers to be elected thereunder, the returns of both elections, the canvassing thereof and the declaration of the result shall be I governed by the laws regulating and controlling elections in the city. [1965 c 7'§ . ' 35.22.080. "Prior: (i) 1890 p 216 §.3, part; RRS § 8953, part. (ii) 1890 p 223 § 6, part; RRS § 8977, part. (iii) 1890 p 217 § 4, part; RRS § 8954, part.] Notes: . Elections: Title 29A RCW. . . I 35.22.090 Form of ballot. • The form of ballot in the election for the adoption or rejection of the proposed charter shall rn be: "For the proposed charter," "Against the proposed charter." In submitting the proposed charter or amendments thereto, any alternate article or proposition may be presented for the • choice of the voters and may be voted on separately without prejudice to others. In submitting such amendment, article or proposition, the form of the ballot shall be: "For article I No of the charter," "Against article No of the charter." [1965 c7 § ill 35.22.090. Prior: 1890 p 216 § 3, part; RRS § 8953, part.] II . . 35.22.100 Certificates of election to officers. . I If a majority of the votes cast at the election upon the adoption of the proposed charter favor it, certificates of election shall be issued to each officer elected at that election. Within ten days after the issuance of the certificates of election, the newly elected officers shall qualify as provided in the charter, and on the tenth day thereafter at twelve o'clock noon of that day, I the officers so elected and qualified shall enter upon the duties of the offices to which they were elected and at such time the charter shall be authenticated, recorded, attested and go into effect. When so authenticated, recorded and attested, the charter shall become the organic law of the city and supersede any existing charter and amendments thereto and all I special laws inconsistent therewith. [1965c7§ • • 35.22.100. Prior: (i) 1890 p 223 § 6 part; RRS § 8977, part. (ii) 1890 p 217 § 4, part; RRS § 8954, part.] • I . 35,22.110 Authentication of charter. . • The authentication of the charter shall be by certificate of the mayor in substance as follows: http: // apps .leg.wa.gov /rcw /default.aspx ?cite= 35.22 &full =true 8/27/2010 Chapter 35.22 RCW: First -class cities Page 8 of 3U mayor of the city of do hereby certify that in accordance with the provisions of the Constitution and statutes of the State of Washington, the city of caused f i f t e e n freeholders to be elected on the .... day of 19... to prepare a charter for the city; that due notice of that election was given in the manner provided by law and that the following persons were declared elected to prepare and propose a charter for the city, to wit That thereafter on the .... day of 19... the board of freeholders returned a proposed charter for the city of signed by the following members thereof 111 That thereafter the proposed charter was published in (Indicate name of newspaper in which published) for at least once each week for four weeks next preceding the day of submitting the same to the electors for their approval. (Indicate dates of publication) That thereafter on the .... day of 19..., at an election duly called and held, the proposed charter was submitted to the qualified electors thereof, and the returns canvassed resulting as follows: For the proposed charter, .... votes; against the proposed charter, .... votes; majority for the proposed charter, .... votes; whereupon the charter was declared adopted by a majority of the qualified electors voting at the election. I further certify that the foregoing is a full, true and complete copy of the proposed charter so voted upon and adopted as aforesaid. IN TESTIMONY WHEREOF, I hereunto set my hand and affix the corporate seal of said city at my o f f i c e this .... day of 19... Attest: • 1 Mayor of the city of 1 Clerk of the city of (Corporate Seal)." Immediately after authentication, the authenticated charter shall be recorded by the city clerk in a book provided for that purpose known as the charter book of the city of and when so recorded shall be attested by the clerk and mayor under the corporate seal of the city. All amendments shall be in like manner recorded and attested. All courts shall take judicial notice of a charter and all amendments thereto when recorded . and attested as required in this section. • 0965 ex.s. c 47 § 10; 1965 c 7 § 35.22.110. Prior: 1890 p 217 § 4, part; RRS § 8954, part.] • . 1 35.22,120 Petition for submission of charter amendment. On petition of a number (equal to fifteen percent of the total number of votes cast at the last preceding general state election) of qualified voters of any municipality having adopted a charter under the laws of this state, asking the adoption of a specified charter amendment, providing for any matter within the realm of local affairs, or municipal business, the said amendment shall be submitted to the voters at the next regular municipal election, occurring thirty days or more after said petition is filed, and if approved by a majority of the local electors of the municipality voting upon it, such amendment shall become a part of the charter organic law governing such municipality. [1965c7§ 35.22.120. Prior: 1949 c 233 § 1;.1903 c 186 § 1; Rem. Supp. 1949 § 8963.] 1 http: // apps. leg .wa.gov /rcw /default.aspx ?cite= 35.22 &full =true 8/27/2010 Chapter 35.22 RCW: First -class cities Page 9 of 30 1 I Notes: • Times for holding elections:'RCW 29A.04,311 through 29A.04.330. 35.22.130 Requisites of petition — Effect of favorable vote. I A petition containing the demand for the submission of the proposed charter amendment or for an election to be held for the purpose of electing a board of freeholders for the purpose of preparing a new charter for the city as provided in RCW I . 35.22.140 shall be filed with the city clerk and each signer shall write his or her place of residence after his her signature. This and RCW 35.22.120 do not deprive city councils of the right to submit proposed charter amendments but affords a concurrent and additional method of submission. [2009 c 549 § 2044; 1967 c 123 § 2; 1965 c 7 § 35.22.130. Prior: (i) 1903 c 186 § 2; RRS § 8964. (ii) 1903 0 186 §3;RRS §8965.] I 35,22:140 I . New or revised charter - Petition — Freeholders. On the petition of a number of registered voters of a city equal to twenty-five percent of the I total votes cast at the last preceding city election, the city council of a charter city shall, or without such petition may, cause an election to be held for the purpose of electing a board of fifteen freeholders for the purpose of preparing a new charter for the city by altering, revising, adding to or repealing the existing charter including all amendments thereto. The members of I • the board of freeholders must be qualified electors and must have been residents in the city for a period of at least two years prior to their election. At such election the proposition of whether or not a board of freeholders shall be created at all shall be separately stated on the ballots and unless a majority of the votes cast upon that proposition favor it, no further steps I shall be taken in the proceedings. [1965 ex.s. c 47 § 11;1965 c 7 § . I 35.22.140. Prior: 1945 c 55 1, part; 1925 ex.s. c 137 § 1, part; 1895 c 27 § 1, part; Rem. Supp. 1945 § 8955, part] Notes: • I . Amendment of charter: State Constitution Art. 11- § 10 (Amendment 40). I 35.22.150 Submission of new charter. I Within ten days after the results of the election have been determined, if a majority of the votes cast favor the proceeding, the members of the board of freeholders elected thereat shall convene and prepare anew charter by altering, revising, adding to, or repealing the existing charter including all amendments thereto and within one year thereafter file it with I the city clerk. . [1974 ex.s. c 1 § 2; 1965 c 7 § . 35.22.150. Prior: 1945 c 55 § 1, part; 1925 ex.s. c 137 § 1, part; 1895 c 27 § 1, part; Rem, Supp. 1945 § 8955, I part.] . Notes: • Severability --1974 ex.s: c 1: See note following RCW 35.22.055, I http: // apps. leg .wa.gov /rcw /default.aspx ?cite= 35.22 &full =true 8/27/2010 Chapter 35.22 RCW: First -class cities Page 10 of 30 1 35.22.160 Election on adoption of new charter. ' Upon the filing of the proposed new, altered, changed or revised charter with the city clerk, it shall be submitted to the qualified voters of the city at an election to be called therefor pursuant to the provisions of law applicable to the holding of elections in such city. [1965 c 7 § 35.22.160. Prior. 1925 ex.s. c 137 § 2, part; 1895 c 27 § 2, part; RRS § 8956, part.] Notes: • Times for holding elections: RCW 29A.04.311 through 29A.04.330. 35.22.170 Publication of proposed charter. The proposed new, altered or revised charter shall be published in the newspaper having the largest general circulation within the city at least once each week for four weeks next preceding the day of submitting the same to the electors for their approval. [1985 c 469 § 23; 1965 ex.s. c 47 § 12; 1965 c 7 § 35.22.170. Prior. 1925 ex.s. c 137 § 3; 1895 c 27 § 3; RRS § 8957.] • Notes: Publication of amendments to charter: State Constitution Art. 11 § 10 1 (Amendment 40). 35.22.180 1 Conduct of elections. . • The election of the board of freeholders and that upon the proposition of adopting the proposed new, altered or revised charter, may be general or special elections and except as herein provided, said elections, the returns, the canvassing thereof and the declaration of the • result shall be governed by the laws regulating and controlling elections in the city. In both cases the notice specifying the object of the election must be given at least ten days before the day of election. [1965c7§ 0 35.22.180. Prior: (i) 1895 c 27 § 4; RRS § 8958. (ii) 1895 c 27 § 5; RRS § 8959.) • Notes: Election on amendment to charter: State Constitution Art. 11 § 10 (Amendment 40). 1 35.22.190 Effect of favorable vote. If a majority of the voters voting upon the adoption of the proposed new, altered or revised charter favor it, it shall become the charter of the city and the organic law thereof, superseding any existing charter. All bodies or offices abolished or dispensed with by the new, altered or revised charter, together with the emoluments thereof shall immediately cease to exist, and any new offices created shall be filled by appointment of the mayor until http: // apps. leg .wa.gov /rcw /default.aspx ?cite= 35.22 &full=true 8/27/2010 Chapter 35.22 RCW: First -class cities • Page 11 of 30 1 . I the next general election subject to such approval by the city council as may be required by the new, altered or revised charter. [1965 c 7 § • I . 35.22.190. Prior: (i) 1925 ex.s. c 137 § 2, part; 1895 c 27 § 2, part; RRS § 8956, part. (ii) 1895 c 27 § 6; RRS § • 8962.] Notes: . I Times•for holding elections: RCW 29A.04.311 through 29A.04.330. I 35.22.195 Powers of cities adopting charters. • • • • I . - Any city adopting a charter under Article XI, section 10 of the Constitution of the state of Washington, as amended by amendment 40, shall have all of the powers which are . conferred upon incorporated cities and towns by Title • ' 35 RCW, o other laws of the state, and all such powers as are usually exercised by • municipal corporations of like character and degree. • • [1965 ex.s. c 47 § 2. Formerly RCW 35.21.620.] ' • • 1 Notes: Legislative, powers of charter city: RCW 35.22.200. 35,22.200 • . Legislative powers o charter city — Where vested - Direct legislation., • The legislative powers of a charter city shall be vested in.a mayor and a city council, to consist of such number of members and to have such powers as may be provided for in its • charter. The charter may provide for direct legislation by the people through the initiative and referendum upon any matter within the scope of the powers, functions, or duties of the city. The mayor and council and such other elective officers as may be provided for in such I charter shall be elected at such times and in such manner as provided in *Title • 29 RCW, and for such terms and shall perform such duties as may be prescribed in the I charter, and shall receive compensation in accordance with the process or standards of a charter provision or ordinance which conforms with RCW 35.21.015. , [2001 c 73 § 2; 1965 ex.s. c 47 § 13; 1965 c 7 § 35.22.200. Prior: (i) 1890 p 223 § 6, part; RRS § 8977, part. (ii) • 1927c52 §1;1911 c17 §2; RRS §8949.] Notes: . *Reviser's note: Title 29 RCW was repealed and /or recodified in its entirety I pursuant to 2003 c 111, effective July 1, 2004. See Title 29A RCW. F indings -- Intent -- Severability -- 2001 c 73: See notes following RCW I . 35.21.015. .. . Powers of cities adopting charters: RCW 35:22.1 . I . . I • http: // apps .leg.wa.gov /rcw /default.aspx ?cite = 35.22 &full =true 8/27/2010 Chapter 35.22 RCW: First -class cities Page 12 of 30 • 35.22.205 Compensation and hours of mayor and elected officials. The compensation and the time to be devoted to the performance of the duties of the mayor and elected officials of all cities of the first class shall be as fixed by ordinance of said city irrespective of any city charter provisions. [1965 c7§ . 35.22.205. Prior: 1957 c 113 § 1; 1955 c 354 § 1.] • • 35.22.210 • Separate designation of councilmembers in certain first -class Cities. Any city of the first class having a population less than one hundred thousand by the last federal census and having a charter providing that each of its councilmembers shall be the • commissioner of an administrative department of such city, may by ordinance provide for the separate designation of such councilmembers as officers, in accordance with such administrative departments, and for their filing for and election to office under such separate designations. [2009 c 549 § 2045; 1965 c 7 § 35.22.210. Prior: 1925 ex,s. c 61 § 1; RRS § 8948 -1.] 35.22,220 • • Repeal of separate designation. Whenever any such city shall have passed such an ordinance providing for such separate designations and for filing for and election to office in accordance therewith, such city shall have no power to repeal the same except by ordinance passed by the council of such city and submitted to the voters thereof at a general or special election and ratified by a majority • of the voters voting thereon. [1965c7§ • 35.22.220. Prior: 1925 ex.s. c 61 § 2; RRS § 8948 -2.] • Notes: Times for holding elections: RCW 29A.04.311 through 29A.04.330. • 1 35.22.235 • First -class mayor- council cities — Twelve councilmembers. . All regular elections in first -class cities having a mayor - council form of government whose charters provide for twelve councilmembers elected for a term of two years, two being elected from each of six wards, and for the election of a mayor, treasurer, and comptroller for terms of two years, shall be held biennially as provided in RCW. • 29A.04.330. The term of each councilmember, mayor, treasurer, and comptroller shall be four years and until his or her successor is elected and qualified and assumes office in accordance with RCW 29A.20.040. The terms of the councilmembers shall be so staggered that six councilmembers shall be elected to office at each regular election. [2003 c 111 § 2301. Prior: 1981 c 213 § 3; 1979 ex.s. c 126 § 11; 1965 c 9 § 29.13.023; prior: 1963 c 200 § 2; 1957 c 168 § 1. Formerly RCW 29.13.0231 1 http: // apps .leg.wa.gov /rcw /default.aspx ?cite= 35.22 &full =true 8/27/2010 Chapter 35.22 RCW: First -class cities Page 13. of 30 1 I Notes: Effective date _ 2003 c 111: See RCW 29A.04.903. 1 Purpose - -1979 ex.s. c 126: See RCW 29A.20.040(1), 1 35.22.245 ' First -class mayor- council cities — Seven councilmembers. All regular elections in first -class c hav a mayor - council form of government whose charters provide for seven councilmembers, one to be elected from each of sixwards and one at large, for a term of two years, and for the election of a mayor, comptroller, treasurer I and attorney for two year terms, shall be held biennially as provided in RCW 29A.04.330. The terms of the six councilmembers to be elected by wards shall be four years • and until their successors are elected and qualified and the term of the councilmember to be elected at large shall be two years and until their successors are elected and qualified. The terms of the councilmembers shall be so staggered that three ward councilmembers and the counc at large shall be elected at each regular election. The term of the mayor, • attorney,, treasurer, and comptroller shall be four years and until their successors are elected and qualified and assume office in accordance with RCW 29A20.040. I [2003 c 111 § 2302. Prior: 1981 c 213 § 4; 1979 ex.s. c 126 § 12; 1965 c 9 §29.13.024 ; prior: 1963 c 200 § 3; 1957 c 168 § 2. Formerly RCW 29.13.024.] 1 Notes: �- • Effective date 2003 c 111: See RCW 29A.04.903. I Purpose -1979 ex.s. c 126: See RCW 29A.20.040(1). • I 35.22,280 . • Specific powers enumerated. Any city of the first class shall have power: (1) To provide for general and special elections, for questions to be voted upon, and for . the election of officers; (2) To provide for levying and collecting taxes on real and personal property for its corporate uses and purposes, and to provide for the payment of the debts and expenses of the corporation; (3) To control the finances and property of the corporation, and to acquire, by purchase or otherwise, such lands and other property as may be necessary for any part of the corporate . uses provided for by its charter, and to dispose of any such property as the interests of the corporation may, from time to time, require; (4) To borrow money for corporate purposes on the credit of the corporation, and to issue negotiable bonds therefor, on such conditions and in such manner as shall be prescribed in I its charter; but no city shall, in any manner or for any purpose, become indebted to an amount in the aggregate to exceed the limitation of indebtedness prescribed by chapter . 39.36 RCW as now or hereafter amended; - (5) To issue bonds in.place of or to supply means to meet maturing bonds or other indebtedness, or for the consolidation or funding of the same; `1 (6) To purchase or appropriate private property within or without its corporate limits, for its corporate.uses, upon making just compensation to the owners thereof, and to institute and maintain such proceedings as may be authorized by the, general laws of the state for the http : // apps. leg .wa.gov /rcw /default.aspx ?cite= 35.22 &full =true . 8/27/2010 Chapter 35.22 RC W: First-class cities Page 14 01 30 appropriation of private property for public use; (7) To lay out, establish, open, alter, widen, extend, grade, pave, plank, establish grades, or otherwise improve streets, alleys, avenues, sidewalks, wharves, parks, and other public grounds, and to regulate and control the use thereof, and to vacate the same, and to authorize or prohibit the use of electricity at, in, or upon any of said streets, or for other purposes, and to prescribe the terms and conditions upon which the same may be so used, and to regulate the use thereof; (8) To change the grade of any street, highway, or alley within its corporate limits, and to provide for the payment of damages to any abutting owner or owners who shall have built or made other improvements upon such street, highway, or alley at any point opposite to the point where such change shall be made with reference to the grade of such street, highway, or alley as the same existed prior to such change; (9) To authorize or prohibit the locating and constructing of any railroad or street railroad in any street, alley, or public place in such city, and to prescribe the terms and conditions upon which any such railroad or street railroad shall be located or constructed; to provide for ! " the alteration, change of grade, or removal thereof; to regulate the moving and operation of railroad and street railroad trains, cars, and locomotives within the corporate limits of said city; and to provide by ordinance for the protection of all persons and property against injury in the use of such railroads or street railroads; ' (10) To provide for making local improvements, and to levy and collect special assessments on property benefited thereby, and for paying for the same or any portion thereof; (11) To acquire, by purchase or otherwise, lands for public parks within or without the limits of such city, and to improve the same. When the language of any instrument by which any property is so acquired limits the use of said property to park purposes and contains a reservation of interest in favor of the grantor or any other person, and where it is found that the property so acquired is not needed for park purposes and that an exchange thereof for other property to be dedicated for park purposes is in the public interest, the city may, with the consent of the grantor or such other person, his or her heirs, successors, or assigns, exchange such property for other property to be dedicated for park purposes, and may make, execute, and deliver proper conveyances to effect the exchange. In any case where, owing to death or lapse of time, there is neither donor, heir, successor, or assignee to give consent, this consent may be executed by the city and filed for record with an affidavit setting forth all efforts made to locate people entitled to give such consent together with the facts which establish that no consent by such persons is attainable. Title to property so conveyed by the city shall vest in the grantee free and clear of any trust in favor of the public arising out of any prior dedication for park purposes, but the right of the public shall be transferred and preserved with like force and effect to the property received by the city in such exchange; (12) To construct and keep in repair bridges, viaducts, and tunnels, and to regulate the use thereof; I (13) To determine what work shall be done or improvements made at the expense, in whole or in part, of the owners of the adjoining contiguous, or proximate property, or others specially benefited thereby; and to provide for the manner of making and collecting assessments therefor, (14) To provide for erecting, purchasing, or otherwise acquiring waterworks, within or without the corporate limits of said city, to supply said city and its inhabitants with water, or authorize the construction of same by others when deemed for the best interests of such city . and its inhabitants, and to regulate and control the use and price of the water so supplied; (15) To provide for lighting the streets and all public places, and for furnishing the inhabitants thereof with gas or other lights, and to erect, or otherwise acquire, and to maintain the same, or to authorize the erection and maintenance of such works as may be necessary and convenient therefor, and to regulate and control the use thereof; (16) To establish and regulate markets, and to provide for the weighing, measuring, and inspection of all articles of food and drink offered for sale thereat, or at any other place within its limits, by proper penalties, and to enforce the keeping of proper legal weights and measures by all vendors in such city, and to provide for the inspection thereof. Whenever the words "public markets" are used in this chapter, and the public market is managed in whole or in part by a public corporation created by a city, the words shall be construed to include all http: // apps.leg.wa.gov /rcw /default.aspx ?cite= 35.22 &full =true 8/27/2010 Chapter 3 5.Z• KU W : t' lrst -class cities rage ID or 3U - ' real or personal property located in a district or area designated by a city as a public market and traditionally devoted to providing farmers, crafts vendors and other merchants with retail space to market their wares to the public. Property located in such a district or area need not be exclusively or primarily used for such traditional public market retail activities and may include property used for other public purposes including, but not limited to, the provision of human services and low- income or moderate- income housing; (17) To erect and establish hospitals and pesthouses, and to control and regulate the I ' same; (18) To provide for establishing and maintaining reform schools for juvenile offenders; (19) To provide for the establishment and maintenance of public libraries, and to appropriate, annually, such percent of all moneys collected for fines, penalties, and licenses as shall be prescribed by its charter, for the support of a city library, which shall, under such regulations as shall be prescribed by ordinance, be open for use by the public; (20) To regulate the burial of the dead, and to establish and regulate cemeteries within or without the corporate limits, and to acquire land therefor by purchase or otherwise; to cause cemeteries to be removed beyond the limits of the corporation, and to prohibit their ' establishment within two miles of the boundaries thereof; (21) To direct the location and construction of all buildings in which any trade or I occupation offensive to the senses or deleterious to public health or safety shall be carried on, and to regulate the management thereof; and to prohibit the erection or maintenance of such buildings or structures, or the carrying on of such trade or occupation within the limits of such corporation, or within the distance of two miles beyond the boundaries thereof; . (22) To provide for the prevention and extinguishment of fires and to regulate or prohibit the transportation, keeping, or storage of all combustible or explosive materials within its corporate limits, and to regulate and restrain the use of fireworks; (23) To establish fire limits and to make all such regulations for the erection and maintenance of buildings or other structures within its corporate limits as the safety of persons or property may require, and to cause all such buildings and places as may from any cause be in a dangerous state to be put in safe condition; 1 (24) To regulate the manner in which stone, brick, and other buildings, party walls, and partition fences shall be constructed and maintained; (25) To deepen, widen, dock, cover, wall, alter, or change the channels of waterways and courses, and to provide . for the construction and maintenance of all such works as may be required for the accommodation of commerce, including canals, slips, public landing places, wharves, docks, and levees, and to control and regulate the use thereof; • ' (26) To control, regulate, or prohibit the anchorage, moorage, and landing of all watercrafts and their cargoes within the jurisdiction of the corporation; (27) To fix the rates of wharfage and dockage, and to provide for the collection thereof, ' and to provide for the imposition and collection of such harbor fees as may be consistent with the laws of the United States; (28) To license, regulate, control, or restrain wharf boats, tugs, and other boats used about the harbor or within such jurisdiction; (29) To require the owners of public halls or other buildings to provide suitable means of exit; to provide for the prevention and abatement of nuisances, for the cleaning and ' purification of watercourses and canals, for the drainage and filling up of ponds on private property within its limits, when the same shall be offensive to the senses or dangerous to health; to regulate and control, and to prevent and punish, the defilement or pollution of all streams running through or into its corporate limits, and for the distance of five miles beyond its corporate limits, and on any stream or lake from which the water supply of said city is taken, for a distance of five miles beyond its source of supply; to provide for the cleaning of areas, vaults, and other places within its corporate limits which may be so kept as to become offensive to the senses or dangerous to health, and to make all such quarantine or other ' regulations as may be necessary for the preservation of the public health, and to remove all persons afflicted with any infectious or contagious disease to some suitable place to be provided for that purpose; 1 http: // apps.leg.wa.gov /rcw /default.aspx ?cite =3 5.22 &full =true 8/27/2010 Chapter 35.22 RCW: First -class cities Page 16 of 30 • (30) To declare what shall be a nuisance, and to abate the same, and to impose fines upon parties who may create, continue, or suffer nuisances to exist; (31) To regulate the selling or giving away of intoxicating, malt, vinous, mixed, or fermented liquors as authorized by the general laws of the state: PROVIDED, That no license shall be granted to any person or persons who shall not first comply with the general laws of the state in force at the time the same is granted; (32) To grant licenses for any lawful purpose, and to fix by ordinance the amount to be paid therefor, and to provide for revoking the same. However, no license shall be granted to continue for longer than one year from the date thereof. A city may not require a business to • be licensed based solely upon registration under or compliance with the streamlined sales and use tax agreement; (33) To regulate the carrying on within its corporate limits of all occupations which are of such a nature as to affect the public health or the good order of said city, or to disturb the public peace, and which are not prohibited by law, and to provide for the punishment of all persons violating such regulations, and of all persons who knowingly permit the same to be violated in any building or upon any premises owned or controlled by them; (34) To restrain and provide for the punishment of vagrants, mendicants, prostitutes, and other disorderly persons; (35) To provide for the punishment of all disorderly conduct, and of all practices • dangerous to public health or safety, and to make all regulations necessary for the preservation of public morality, health, peace, and good order within its limits, and to provide for the arrest, trial, and punishment of all persons charged with violating any of the ordinances of said city. The punishment shall not exceed a fine of five thousand dollars or imprisonment in the city jail for one year, or both such fine and imprisonment. The punishment for any criminal ordinance shall be the same as the punishment provided in state law for the same crime. Such cities alternatively may provide that violations of ordinances constitute a civil violation subject to monetary penalties, but no act which is a state crime may be made a civil violation; (36) To project or extend its streets over and across any tidelands within its corporate limits, and along or across the harbor areas of such city, in such manner as will best promote the interests of commerce; (37) To provide in their respective charters for a method to propose and adopt amendments thereto. [2009 c 549 § 2046; 2008 c 129 § 1; 1993 c 83 § 4; 1990 c 189 § 3; 1986 c 278 § 3; 1984 c 258 § 802; 1977 ex.s. "c 316 § 20; 1971 ex.s. c 16 § 1; 1965 ex.s. c 116 § 2; 1965 c 7 § 35.22.280. Prior: 1890 p 218 § 5; RRS § 8966.] Notes: 1 Effective date - -1993 c 83: See note following RCW 35.21.163. Severability -1986 c 278: See note following RCW 36.01.010. 1 Court Improvement Act of 1984 -- Effective dates -- Severability -- Short title - -1984 c 258: See notes following RCW 3.30.010. 1 Severability —1977 ex.s. c 316: See note following RCW 70.48.020. 35.22.282 City and town license fees and taxes on financial institutions. See chapter 82.14A RCW. i http:// apps.leg.wa.gov /rcw /default.aspx ?cite =3 5.22 &full =true 8/27/2010 Chapter 35.22 RCW: First -class cities Page 1"/ of 30 r . . 35.22.283 I . City license fees or taxes on certain business activities to be at a single uniform rate. I See RCW • 35.21.710. • I 35.22.284 Association of sheriffs and police chiefs. • See chapter ' 36.28A RCW. .. . I • 35.22.285 I I. Nonpolluting power generation by individual — Exemption from . regulation — Authorization to contract with utility. See chapter 'I 80.58 RCW. . • I . 35.22.287 . 'Hydroelectric resources — Separate legal authority — Creation by irrigation districts and cities, towns, or public utility districts. See RCW Il 87.03.825 through 87.03.840. I 35.22.288 I . . Publication of ordinances or summary — Public notice of hearings and meeting agendas. • Pr after adoption, the text of each ordinance or a summary of the. content of each ordinance shall be published at least once in the official newspaper of the city. For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance. Publication of the title of an ordinance authorizing the issuance of I bonds, notes, or other evidences of indebtedness shall constitute publication of a summary of that ordinance. When the city publishes a summary, the publication shall include a statement • . that the full text of the ordinance will be mailed upon request. An inadvertent mistake or omission in publishing the text or a summary of the content of an ordinance shall not render the ordinance invalid. I • http: // apps.leg.wa.gov /rcw /default.aspx ?cite= 35.22&full= rue • • 8/27/2010 Chapter 35.22 RCW: First -class cities Page 18 of 30 In addition to the requirement that a city publish the text or a summary of the content of each adopted ordinance, every city shall establish a procedure for notifying the public of upcoming hearings and the preliminary agenda for the forthcoming council meeting. Such • procedure may include, but not be limited to, written notification to the city's official newspaper, publication of a notice in the official newspaper, posting of upcoming council meeting agendas, or such other processes as the city determines will satisfy the intent of this requirement. [1994 c 273 § 7; 1988 c 168 § 1; 1985 c 469 § 100.] 35.22.290 Additional powers — Auditoriums, art museums. Every city of the first class may lease, purchase, or construct, and maintain public auditoriums and art museums and may use and let them for such public and private purposes for such compensation and rental and upon such conditions as shall be prescribed by ordinance; it may issue negotiable bonds for the purchase and construction thereof on such conditions and in such manner as shall be prescribed by its charter and by general law for the borrowing of money for corporate purposes. [1965 c7§ 35.22.290. Prior: 1925 ex.s. c 81 § 1; 1923 c 179 § 1; RRS § 8981 -2.] 11 35.22.300 a Leasing of land for auditoriums, etc. If a city of the first class has acquired title to land for public auditoriums or art museums, it may let it or any part thereof, together with the structures and improvements constructed or to be constructed thereon for such term as may be deemed proper and may raise the needed funds for financing the project, in whole or in part, by transferring or pledging the use and income thereof in such manner as the corporate authorities deem proper. Any lessee under any such lease may mortgage the leasehold interest and may issue bonds to be secured by the mortgage and may pledge the rent and income of the property to accrue during the term of the lease or any part thereof for the due financing of the project: PROVIDED, That the corporate authorities may specify in any such lease such provisions and restrictions relating thereto as they shall deem proper. [1965c7§ 35.22.300. Prior: 1925 c 12 § 1; RRS § 8981 -3.] 35.22.302 Conveyance or lease of space above real property or structures or improvements. The legislative authority of every city of the first and second class owning real property, not limited by dedication or trust to a particular public use, may convey or lease for public or private use any estate, right or interest in the areas above the surface of the ground of such real property or structures or improvements thereon: PROVIDED, That the estate, right or interest so created and conveyed and the use authorized in connection therewith will not in . the judgment of said legislative authority be needed for or be inconsistent with the public purposes for which such property was acquired, is being used, or to which it is to be devoted: PROVIDED FURTHER, That the legislative authority may impose conditions and restrictions on the use to be made of the estate, right or interest conveyed or leased, in the same manner and to the same extent as may be done by any vendor or lessor of real estate. II http:// apps.leg.wa.gov /rcw /default.aspx ?cite= 35.22 &full =true 8/27/2010 Chapter 35.22 RCW: First -class cities Page 19 013U r I No conveyance or lease authorized by this section shall permit, authorize or suffer the lessee or grantee to encumber that portion of the real estate devoted to or needed for public purposes. I [1967 ex.s. c 99 § 1.] 1 35.22.305 , Department for administration, etc., of property incident to civic center — Creation authorized — Supervision — Authority. The legislative authority of any city of the first class of more than four hundred thousand population shall have, notwithstanding any charter or statutory provision to the contrary, authority by ordinance to create a separate department of municipal government for the I administration, management and control of any multiple use city property, including improvements thereon, devoted to educational, cultural, recreational, entertainment, athletic, convention and such other uses as shall be declared by ordinance to be incident to a civic The supervision of said department shall be by a manager, board or commission to I center. be appointed in the manner, receive such compensation and perform such duties as may be prescribed by ordinance which may include authority to enter into leases, concessions and other agreements on behalf of the city, appoint and remove employees subject to applicable civil service provisions, advertise events and. publicize and otherwise promote the use of I such civic center facilities, and operate, manage and control municipal off - street parking and public transportation facilities heretofore or hereafter erected primarily to serve such civic center. All expenditures, purchases and improvements made or performed by or under the direction of said department shall be subject to applicable charter provisions and statutes. I [1965 c 132 § 1.] 35.22.310 Cesspools, filling of — Removal of debris, etc. , I Every city of the first class is empowered to provide for the filling and closing of cesspools and for the removing of garbage, debris, grass, weeds, and brush on property in the city. I [1965c7§ . . 35.22.310. Prior: 1907 c 89 § 1; RRS § 8972.] • I • .. • 35.22.320 I Collection of cost of filling cesspools, etc. Every city of the first class by general ordinance may prescribe the mode and manner of • assessing, levying and collecting assessments upon property for filling and closing cesspools ' I thereon and removing garbage, debris, grass, weeds, and brush and provide that the charges therefor shall be a lien on the property upon which such work is done and collected in such manneras is prescribed in the ordinance. • I [1965 c 7 § 35.22.320. Prior: 1907 c 89 § 2; RRS § 8973.] I Fr . I http: // apps .leg.wa.gov /rcw /default.aspx ?cite= 35.22 &full - 8/27/2010 Chapter 3J.L2 Kt W: first -class cities rage w 01 iv • 35.22,330 Radio communication. Every city of the first class maintaining a harbor department may install, maintain, and operate in connection therewith wireless telegraph stations for the handling of official and commercial messages and for communicating with wireless land and shore stations under such regulations as the corporate authorities may prescribe and in accordance with the statutes and regulations of the federal government. [1965c7§ 35.22.330. Prior: 1923 c 92 § 1; RRS § 8981 -1.] a. 35.22.340 Streets — Railroad franchises in, along, over, and across. • Every city of the first class may by ordinance authorize the location, construction, and operation of railroads in, along, over, and across any highway, street, alley, or public place in the city for such term of years and upon such conditions as the city council may by ordinance prescribe notwithstanding any provisions of the city charter limiting the length of terms of franchises or requiring franchises to contain a provision granting the city the right to appropriate by purchase the property of any corporation receiving a franchise, license, privilege, or authority: PROVIDED, That this does not apply to street railroads nor to railroads operated in connection with street railroads in and along the streets of such city. [1965 c7§ 35.22.340. Prior: 1907 c 41 § 1; RRS § 8971.] 1 35.22.350 Utilities — Collective bargaining with employees. Every city of the first class which owns and operates a waterworks system, a light and power system, a street railway or other public utility, shall have power, through its proper officers, to deal with and to enter into contracts for periods not exceeding one year with its employees engaged in the construction, maintenance, or operation thereof through the accredited representatives of the employees including any labor organization or organizations authorized to act for them concerning wages, hours and conditions of labor in such employment, and every city having not less than one hundred forty thousand nor more than one hundred and seventy thousand population is empowered and authorized to immediately place in effect any adjustment or change in such wages, hours and conditions of labor of such employees as may be required to conform to the provisions of any such contract, irrespective of the provisions of any annual budget or act relating thereto: PROVIDED, That not more than one such contract not in conformity with any annual budget shall be made during any budget year, nor shall any such adjustment or change be made which would result in an excess of expenditures over revenues of such public utility. [1965c7§ 1 35.22.350. Prior: 1955 c 145 § 1; 1951 c 21 § 1; 1935 c 37 § 1; RRS § 8966 -5.] Notes: Labor regulations: Title 49 RCW. • II http: // apps. leg .wa.gov /rcw /default.aspx ?cite= 35.22 &full =true 8/27/2010 Chapter 3J.22 KUW: Hirst -class cities rage zi or 3u I 35.22.360 Utilities — Wage adjustments. • Notwithstanding any annual budget or statute relating thereto, any city of the first class . 1 owning and operating a public utility, or the city's public utility department, may make an adjustment or change of the rate of daily wages of employees of any such public utility if such • adjustment or change is accompanied by or is approximately coincidental with a shortening of the work week of the employees and if the adjustment or change will not result in any I increase in pay per week, or excess of expenditures of the public utility over its revenues. [1965c7§ . • I 35.22.360. Prior: 1937 c 16 § 1; RRS § 9000 -22a.] I 35.22.362 .. Nuclear thermal power facilities — Joint development with public utility districts and electrical companies. See chapter . - 54.44 RCW. I I 35.22.365 • Public transportation systems in municipalities — Financing. 1 See chapter 35.95 RCW, I 35.22.370 Wards — Division of city. Notwithstanding that the charter of a city of the first class may forbid the city council from I redividing the city into wards except at stated periods, if the city has failed to redivide the city into wards during any such period, the city council by ordinance may do so at any time thereafter: PROVIDED, That there shall not be more than one redivision into wards during any one period specified in the charter. II [1965 c 7 § .35.22 370. Prior: 1903 c 141 § 1; RRS § 8970.] . 35.22.410 0 . Wharves — City may let wharves or privileges thereon. . Every city of the first class may let the whole or any part of a wharf, or the privileges thereon v owned by the city, for periods not to exceed one year in such manner, and upon such terms, as may be prescribed by a general ordinance. [1965c7§ i . 35.22.410. Prior: 1911 c 67 § 1; RRS § 8967.] II http: / /apps. leg. wa. gov /rcw /default.aspx ?cite = 35.22 &full =true 8/27/2010 Chapter 3.22 KC W : First -class cities rage zz or 3u • 1 35.22.495 Municipal airport located in unincorporated area — Subject to i county comprehensive plan and zoning ordinances. Whenever a first -class city owns and operates a municipal airport which is located in an unincorporated area of a county, the airport shall be subject to the county's comprehensive plan and zoning ordinances in the same manner as if the airport were privately owned and operated. [1979 ex.s. c 124 § 10.] 1 Notes: Severability --1979 ex.s. c 124: See note following RCW 35A.14.015. 1 • 35.22.425 Criminal code repeals by city operating municipal court — Agreement covering costs of handling resulting criminal cases — Arbitration. A city of the first class operating a municipal court may not repeal in its entirety that portion of its municipal code defining crimes or repeal a provision of its municipal code which defines a crime equivalent to an offense listed in RCW 46.63.020 unless the municipality has reached an agreement with the appropriate county under chapter 39.34 RCW under which the county is to be paid a reasonable amount for costs associated with prosecution, adjudication, and sentencing in criminal cases filed in district court as a result of the repeal. The agreement shall include provisions for periodic review and renewal of the terms of the agreement. If the municipality and the county are unable to agree on the terms for renewal of the agreement, they shall be deemed to have entered into an agreement to submit the issue to arbitration under chapter 7.04A RCW. Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in effect. The municipality and the county have the same rights and are subject to the same duties as other parties who have agreed to submit to arbitration under chapter 7.04A RCW. [2005 c 433 § 38; 1984 c 258 § 204.] Notes: 1 • • • Application -- Captions not law-Savings-Effective date - -2005 c 433: See RCW 7.04A.290 through 7.04A.310 and 7.04A.900. • Court Improvement Act of 1984 -- Effective dates -- Severability -- Short title - -1984 c 258: See notes following RCW 3.30.010. 1 35.22.570 Omnibus grant of powers to first -class cities. Any city adopting a charter under the provisions of this chapter shall have all the powers which are conferred upon incorporated cities and towns by this title or other laws of the state, and all such powers as are usually exercised by municipal corporations of like character and degree. [1965 c7§ 35.22.570. Prior: 1890 p 224 § 7; RRS § 8981.] 1 http: // apps .leg.wa.gov /rcw /default.aspx ?cite= 35.22 &full =true 8/27/2010 Lnapter 3J.L2 KU W: F irst -class cities - . rage Li of iU • • 35.22.580 , Diversion of local improvement moneys prohibited — Refund of excess. Whenever any city of the first class shall levy and collect moneys by sale of bonds or • otherwise for any local improvement by special assessment therefor, the same shall be carried in a special fund to be used for said purpose, and no part thereof shall be transferred or diverted to.any other fund or use: PROVIDED, That any funds remaining after the payment I of the whole cost and expense of such improvement, in excess of the total sum required to defray all the expenditures by the city on account thereof, shall be refunded on demand to the amount of such overpayment: PROVIDED FURTHER, That this section shall not be • deemed to require the refunding of any balance in any local improvement fund after the I payment of all outstanding obligations issued against such fund, where such balance accrues from any saving in interest or from penalties collected upon delinquent assessments, but any such balance may be turned into the general fund or otherwise disposed of, as the legislative authority of such city may direct by ordinance. The provisions of this section relating to the . . refund of excess local improvement district funds shall not apply to any district whose obligations are guaranteed by the local improvement guaranty fund. . _ '. • • [1965 c7§ 35.22.580. Prior: 1917 c 58 § 1; 1915 c 17 § 1; RRS § 8983. Formerly RCW 35.45.100.] • I 35.22.590 - . Bonds voted by people — Transfer of excess to redemption fund. . I (1) Whenever the issuance or sale of bonds or other obligations of any city of the first class has been authorized by vote of the people, as provided by any existing charter or laws, for any special improvement or purpose, the proceeds of the sale of such bonds including premiums if any shall be carried in a special fund to be devoted to the purpose for which I . • such bonds were authorized, and no portion of such bonds shall be transferred or diverted to any other fund or purpose: PROVIDED, That nothing herein shall be held to prevent the transfer to the interest and redemption fund of any balance remaining in the treasury after the • completion of such improvement or purpose so authorized: PROVIDED FURTHER, That ' nothing herein shall prevent the city council from disposing of such bonds, or any. portion thereof, in 'such amounts and at such times as it shall direct, but no such bonds shall be sold • • for less than par. Such bonds may be in any form, including bearer bonds or registered bonds as provided in RCW I 39.46.030. (2) Notwithstanding subsection (1) of this section, such bonds may be issued and sold in I accordance with chapter 39.46 RCW. - ' . [1983 c 167.§'35; 1965 c 7 § 35.22.590. Prior: 1915 c 17 § 2; RRS § 8984. Formerly RCW 35.45.110.] I . Notes: Liberal construction -- Severability -- 1983.c 167: See RCW 39.46.010 and • note following: . -. . I Elections: Title 29A RCW, I . http: / /apps. leg .wa.gov /rcw /default.aspx ?cite= 35 &full = true ' 8/27/2010 • Chapter 35.22 KC W: First -class cities rage 14 of .iv 35.22.600 Liability for violations of RCW 35.22.580 or 35.22.590. Any ordinance, resolution, order or other action of any city council, board or officer, and every city warrant or other instrument in writing made in violation of any of the provisions of RCW 35.22.580 or 35.22.590 shall be void, and every officer, agent or employee of any such city, or member of the city council, or other board thereof, and every private person or corporation who knowingly commits any violation thereof or knowingly aids in such violation, shall be . • liable to the city concerned for all moneys so transferred, diverted or paid out, which liability shall also attach to and be enforceable against the official bond (if any) of any such officer, • agent, employee, member of city•council or board. [1965 c 7 § 35.22.600. Prior: 1915 c 17 § 3; RRS § 8985. Formerly RCW 35.45.120.] • 1 35.22.610 ' • Police officers — Appointment without regard to residence authorized. Notwithstanding the provisions of RCW 35.21.200, as now or hereafter amended, all cities of the first class shall have the right and authority to appoint and employ a person as a regular or special police officer of said city regardless of his or her place of residence or domicile at the date of his or her appointment. This provision shall supersede any provision of any city charter to the contrary. 1 [2009 c 549 § 2047; 1967 ex.s. c 37 § 1.] • Notes: 1 Residence requirements for appointive city officials and employees: RCW 35.21.200. 1 • 35.22.620 • • Public works or improvements — Limitations on work by public employees — Small works roster — Purchase of reused or recycled materials or products. 1 • (1) As used in this section, the term "public works" means as defined in RCW 39.04.010. (2) A first -class city may have public works performed by contract pursuant to public notice and call for competitive bids. As limited by subsection (3) of this section, a first -class city may have public works performed by city employees in any annual or biennial budget period equal to a dollar value not exceeding ten percent of the public works construction • budget, including any amount in a supplemental public works construction budget, over the budget period. The amount of public works'that a first -class city has a county perform for it under RCW 35.77.020 shall be included within this ten percent limitation. If a first -lass city has public works performed by public employees in any budget period that are in excess of this ten percent limitation, the amount in excess of the permitted amount shall be reduced from the otherwise permitted amount of public works that may be performed by public employees for that city in its next budget period. Twenty percent of the motor • vehicle fuel tax distributions to that city shall be withheld if two years after the year in which the excess amount of work occurred, the city has failed to so reduce the amount of public works that it has performed by public employees. The amount so withheld shall be distributed to the city when it has demonstrated in its reports to the state auditor that the amount of public works it has performed by public employees has been so reduced. 1 http: // apps .leg.wa.gov /rcw /default.aspx ?cite= 35.22 &full =true 8/27/2010 Chapter 35.22 KC W: 1 -class cities rage ZD or iu I Whenever a first -class city has had public works performed in any budget period up to the maximum permitted amount'for that budget period, all remaining public works within that . budget period shall be done by contract pursuant to public notice, and call for competitive bids. The state auditor shall report to the state treasurer any first -class city that exceeds this amount and the extent to which the city has or has not reduced the amount of public works it I . . has performed by public employees in subsequent years. (3) In addition to the percentage limitation provided in subsection (2) of this section, a first . lass city shall not have public employees perform a public works project in excess of ninety I thousand dollars if more than a single craft or trade is involved with the public works project, or a public works project in excess of forty-five thousand dollars if only a single craft or trade is involved with the public works project or the public works project is street signalization or • street lighting. A public works project means a complete project. The restrictions in this I subsection do not permit the division of the project into units of work or lasses of work to avoid the restriction on work that may be performed by day labor on a single project. (4) In addition to the accounting and record - keeping requirements contained in RCW • ' 39.04.070, every first -class city annually shall prepare a report for the state auditor indicating the total public .works construction budget and supplemental public works construction budget for that year, the total construction costs of public works performed by public employees for that year, and the amount of public works that is performed by public I employees above or below ten percent of the total construction budget. However, if a city budgets on a biennial basis, this annual report shall indicate the amount of public works that is performed by public employees within the current biennial period that is above or below ten percent of the total biennial construction budget. I Each first -class city with a population of one hundred fifty thousand or less shall use the form required by RCW 43.09.205 to account and record costs of public works in excess of five thousand dollars that are not let by contract. . (5) The cost of a separate public works project shall be the costs of materials, supplies, equipment, and labor on the construction of that project. The value of the public works budget shall be the value of all the separate public works projects within the budget. I • • (6) The competitive bidding requirements of this section may be waived by the city legislative authority pursuant to RCW 39.04.280 if an exemption contained within that section applies to the work or contract. . I ' (7) In lieu of the procedures of subsections (2) and (6) of this section, a first -class city may l et contracts using the small works roster: process in RCW 39.04.155. Whenever possible, the city shall invite at least one proposal from a minority or woman contractor who shall otherwise qualify under this section. (8) The allocation of public works projects to be performed by city employees shall not be subject to a collective bargaining agreement. 1 (9) This section does not apply to performance -based contracts, as defined in RCW 39.35A.020(4), that are negotiated under chapter 39.35A RCW. (1 0) Nothing in this section shall prohibit any first -class city from allowing for preferential purchase of products made from recycled materials or products that may be recycled or •reused. I [2009 c 229 § 3; 2002 c 94 § 1; 2000 c 138 § 203; 1998 c 278 § 2; 1993 c 198 § 9; 1989 c 431 § 59; 1987 c 120 § 1. Prior. 1985 c 219 § 1; 1985 c 169 § 6; 1979 ex.s. c 89 § 1; 1975 1st ex.s. c 56 § 1.] Notes: , , , Purpose -- Part headings not law -- 2000 c 138: See notes following RCW 39.04.155. 1 Severability —1989 c 43 See RCW 70.95.901. Competitive bidding violations by municipal officer, penalties :'RCW 39.30.020. 1 http : // apps. leg .wa.gov /rcw /default.aspx ?cite= 35.22 &full =true 8/27/2010 Chapter 35.22 RCW: First -class cities rage 26 of 30 Subcontractors to be identified by bidder, when: RCW 39.30.060. 35.22.625 Public works or improvements — Inapplicability of RCW 35.22.620 to certain agreements relating to water pollution control, solid waste handling facilities. RCW 35.22.620 does not apply to the selection of persons or entities to construct or develop water pollution control facilities or to: provide water pollution control services under RCW 70.150.040 or the selection of persons or entities to construct or develop solid waste handling facilities or to provide solid waste handling services under RCW 35.21.156. [1989c399 §4; 1987c436 §8.] 35.22.630 Public works or improvements — Cost amounts — How determined. The cost of any public work or improvement for the purposes of RCW 35.22.620rand 35.22.640 shall be the aggregate of all amounts to be paid for labor, material, and equipment on one continuous or interrelated project where work is to be performed simultaneously or in close sequence: PROVIDED, That the cost of water services and metering equipment furnished by any first -class city in the course of a water service installation from the utility-owned main to and including the meter box assembly shall not be included as part of the aggregate cost as provided herein. The breaking down of any public work or improvement into units or accomplishing any public work or improvement by phases for the purpose of avoiding the minimum dollar amount prescribed in RCW 35.22.620 is contrary to public policy and is prohibited. [1975 1st ex.s. c 56 § 2.] 35.22.635 • Public works or improvements — Low bidder claiming error — Prohibition on later bid for sane project. A low bidder who claims error and fails to enter into a contract with a city for a public works project is prohibited from bidding on the same project if a second or subsequent call for bids is made for the project. [1996c18 §1.] 35.22.640 Public works or improvements — Electrical distribution and generating systems — Customer may contract with qualified electrical contractor. Cities of the first class are relieved from complying with the provisions of RCW http: / /apps. leg.wa.gov /rcw /default.aspx ?cite = 35.22 &frill =true 8/27/2010 Chapter 35.22 KCW: First -class cities rage 2/ of JU 1 I 35.22.620 with respect to any public work or improvement relating solely to electrical distribution and generating systems on public rights -of -way or on municipally owned property: PROVIDED, That if a city owned electrical utility directly assesses its customers a service installation charge for a temporary service, permanent service, or expanded service, the customer may, with the written approval of the city -owned electric utility, contract with a qualified electrical contractor licensed under chapter 19.28 RCW to install any material or equipment in lieu of having city utility personnel perform the installation. In the event the city- owned electric utility denies the customer's request to utilize a private electrical contractor for I such installation work, it shall provide the customer with written reasons for such denial: PROVIDED FURTHER, That nothing herein shall prevent any first -class city from operating a solid waste department utilizing its own personnel. I If a customer elects to employ a private electrical contractor as provided in this section, • the private electrical contractor shall be solely responsible for any damages resulting from the installation of any temporary service, permanent service, or expanded service and the city -owned electrical utility shall be immune from any tortious conduct actions as to that installation. [1983 c 217 § 1; 1975 1st ex.s. c 56 § 3.] • . I 35,22.650 ' Public works or improvements — Minority business, employees — . Contract, contents. All contracts by between a first -class city and contractors for any public work or I improvement exceeding the sum of ten thousand dollars, or'fifteen thousand dollars for construction of water mains, shall contain the following clause: • "Contractor agrees that the contractor shall actively solicit the employment of minority I group members. Contractor further agrees that the contractor shall actively solicit bids for the subcontracting of goods or services from qualified minority'businesses. Contractor shall . furnish evidence of the contractor's compliance with these requirements of minority employment and solicitation. Contractor further agrees to consider the grant of subcontracts I to said minority bidders on the basis of substantially equal proposals in the light most favorable to said.minority businesses. The contractor shall be required to submit evidence of compliance with this section as part of the bid." I As used in this section, the term "minority business" means a business at least fifty-one percent of which is owned by minority group members. Minority group members include, but are not limited to, blacks, women, native Americans, Asians, Eskimos, Aleuts, and Hispanics. I [2002 c 307 § 3; 1975 1st ex.s. c 56 § 4.] Notes: Effective date -- 2002 c 307: See note following RCW 1.20.130. I 35.22.660 Child care facilities -= Review of need and demand — Adoption of ordinances. . If a first - class city zones pursuant to its inherent charter authority and not pursuant to chapter 35.63 RCW, and does not provide for the siting of family day care homes in zones or areas I that are designated for single family or other residential uses, and for the siting of mini -day care centers and day care centers in zones or areas that are designated for any residential or commercial uses, the city shall conduct a review of the need and demand for child care facilities, including the cost of any conditional or special use permit that may be required. The review shall be completed by August 30, 1990. A copy of the findings, conclusions, and recommendations resulting from the review shall be sent to the *department of community I http: // apps. leg .wa.gov /rcw /default.aspx ?cite= 35.22 &full =true . . 8/27/2010 Chapter 35.22 KC W: First -class cities rage Lts or 3t1 development by September 30, 1990. On or before June 30, 1991, each municipality that plans and zones under this chapter shall have adopted an ordinance or ordinances that are necessary to implement the findings of this review, if the findings indicate that such changes are necessary, or shall notify the *department of community development as to why such implementing ordinances were not adopted. [1989c335 §7.] Notes: *Reviser's note: Powers, duties, and functions of the department of . community development and the department of trade and economic development were transferred to the department of community, trade, and economic development by 1993 c 280, effective July 1, 1994. The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565. Findings -- Purpose -- Severability --1989 c 335: See notes following RCW 35.63.170. Definitions for 35.2 2.660: RCW s f RCW See RC 35 63 .170 35.22.680 Residential care facilities — Review of need and demand — Adoption of ordinances. If a first -class city zones pursuant to its inherent charter authority and not pursuant to chapter 35.63 RCW, and does not provide for the siting of residential care facilities in zones or areas that are designated for single family or other residential uses, the city shall conduct a review of the need and demand for the facilities, including the cost of any conditional or special use permit that may be required. The review shall be completed by August 30, 1990. A copy of the findings, conclusions, and recommendations resulting from the review shall be sent to the *department of community development by September 30, 1990. On or before June 30, 1991, each municipality that plans and zones under this chapter 1 shall have adopted an ordinance or ordinances that are necessary to implement the findings of this review, if the findings indicate that such changes are necessary, or shall notify the *department of community development as to why such implementing ordinances were not adopted. [1989 c 427 § 39.] Notes: 1 *Reviser's note: Powers, duties, and functions of the department of community development and the department of trade and economic development were transferred to the department of community, trade, and economic development by 1993 c 280, effective July 1, 1994. The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565. 1 • Severability --1989 c 427: See RCW 74.39.900. 1 35.22.685 • Conditional and special use permit applications by parties licensed 1 http: // apps.leg.wa.gov /rcw /default.aspx ?cite= 35.22 &full =true 0 8/27/2010 Chapter 35.22 RCW: First -class cities Page 29 of 30 • or certified by the department of social and health services or the department of corrections — Mediation prior to appeal required. A final decision by a hearing examiner involving a conditional or special use permit ' application under a home -rule charter that is requested by a party that is licensed or certified by the department of social and health services or the department of corrections is subject to mediation under RCW . ' 35.63.260 before an appeal may be filed. [1998c119 §4.] • 35.22.690 ' First -class cities subject to limitations on moratoria, interim zoning controls. A first-class city that plans under the authority of its charter is subject to the provisions of RCW 35.63.200. ' [1992 c 207 § 2.] • 111 3 5.22.695 . Planning regulations — Copies provided to county assessor. By July 31, 1997, a first -class city planning under RCW 36.70A.040 shall provide to the county assessor a copy of the first -class city's comprehensive plan and development regulations in effect on July 1st of that year and shall thereafter provide any amendments to the plan and regulations that were adopted before July 31st of each following year. • ' [1996c254 §2.] 35.22. Conformance with chapter 43.97 RCW required. ' With respect to the National Scenic Area, as defined in the Columbia River Gorge National Scenic Area Act, P.L. 99 -663, the exercise of any power or authority by a city pursuant to this chapter shall be subject to and in conformity with the requirements of chapter 43.97 RCW, including the Interstate Compact adopted by RCW 43.97.015, and with the management plan regulations and ordinances adopted by the Columbia River Gorge commission pursuant to the Compact. ' [1987 c 499 § 5.] • 35.22.705 Purchase of electric power and energy from joint operating agency. 1 A city of the first class may contract to purchase from a joint operating agency electric power and energy required for its present or future requirements. For projects the output of which is limited to qualified alternative energy resources as defined by RCW • http: // apps .leg.wa.gov /rcw /default.aspx ?cite = 35.22 &full =true 8/27/2010 Chapter 35.22 RCW: First -class cities • • Page 30 of 30 19.29A.090(3), the contract may include the purchase of capability of the projects to produce electricity in addition to the actual output of the projects. The contract may provide that the city must make the payments required by the contract whether or not a project is completed, operable, or operating and notwithstanding the suspension, interruption, interference, reduction, or curtailment of the output of a project or the power and energy contracted for. The contract may also provide that payments under the contract are not subject to reduction, whether by offset or otherwise, and shall not be conditioned upon the performance or nonperformance of the joint operating agency or a city, town, or public utility district under the contract or other instrument. [2003c138 §4.] 1 35.22.900 Liberal construction. The rule that statutes in derogation of the common law are to be strictly construed shall have no application to this chapter, but the same shall be liberally construed for the purpose of carrying out the objects for which this chapter is intended. . 1 [1 965 c7§ 35.22.900. Prior: 1890 p 224 § 8.] • 1 1 1 1 1 1 1 1 1 1 http:// apps .leg.wa.gov /rcw /default.aspx ?cite= 35.22 &full =true 8/27/2010 1 CITY OF YAKIMA 1 LEGAL DEPARTMENT I 200 South Third Street, Yakima, Washington 98901 (509)575 -6030 Fax (509)5575 -6160 I PRMLEGED AND CONFIDENTIAL: COVERED BY THE ATTORNEY-CIJENT AND ATTORNEY WORK PRODUCT PRMLEGES MEMORANDUM August 17, 2010 I TO: Jeff Cutter, City Attorney y - FROM: Mark Kunkler, Assistant City Attorney SUBJECT: Mayor - Council Charters - First Class Cities ' A. Introduction and Summary. The following is a summary of the governmental structures of the Mayor- Council first class cities in the State of Washington. A first class city is a city with a population of 10,000 or more that has adopted a charter. RCW 35.01.010. There are ten first class cities in the State of Washington. Six of the first class cities are organized as Mayor - Council forms of government: 111 City of Seattle City of Spokane City of Everett City of Bremerton City of Bellingham City of Aberdeen 1 Four first class cities are currently organized as Council- Manager forms of government: 1 City of Yakima City of Tacoma City of Richland . City of Vancouver For purposes of this memorandum, discussion is primarily focused on the six Mayor- Council first class cities. The information immediately below is drawn from the Municipal 1 Memorandum to Honorable Mayor and Members of the City Council August 26, 2010 Page 2 Research & Service Center (MRSC) and is presented as a quick reference. A more detailed description and comparison of the various charter provisions is included following the MRSC summary. Classification of First Class Cities First class cities choose form of government through adoption of local charters; 1 governments of first class cities, therefore, do not follow a uniform pattern. Constitution, Article XI, Section 10, as amended by Amendment 40; Chapter 35.22 RCW and RCW 35.01.010. MAYOR- COUNCIL 1 Aberdeen • People Elect 1 Mayor, 12 council members (two from each of six wards), four -year terms, councilmanic terms overlapping. • Mayor Appoints Department heads, finance director (finance director is ex- officio city clerk), boards, and commissions subject to confirmation by the council. • • Veto Authority and Override: Mayor may veto ordinances; Council may override upon vote of at least two- thirds "of the Councilmen 'elected ■ to vote." ■ Bellingham • People Elect Mayor, finance director, and seven council members (one from each of six wards, one at- large). Four -year terms, except one councilmember at -large for a two -year term, councilmanic terms overlapping. • Mayor Appoints 1 Department heads, including police chief, fire chief, public works director, deputy administrator, director of planning and community development, director of parks and recreation, municipal court administrator, planning commission, and certain advisory boards without council approval. The city attorney, chief administrative assistant, finance director, civil service commission, board of adjustment, and library board are subject to council approval. 1 • Memorandum to Honorable Mayor and Members of the City Council August 26, 2010 - ' Page 3 • Veto Authority and Override: Mayor may veto ordinances; Council may override with a vote of the majority plus one of the whole ' membership (Sections 3.04 and 4.03). Bremerton ' • People Elect Mayor, municipal court judge and nine council members (one from each of nine districts). Four -year terms, councilmanic terms overlapping. • Mayor Appoints Administrative heads with confirmation by the city council, including: administrative services director, building official, city attorney, city clerk, city engineer, city treasurer, chief of fire, chief of police, community development director, public works director, human resources manager, and civil service officer.. Appoints park board, city planning commission, civil service commission, traffic safety commission, public access citizens advisory committee, solid waste advisory committee, Bremerton Housing Authority, disability action committee, parking advisory board and building appeals board, with consent of the city council. A city (internal) auditor is appointed by the audit committee and serves at the pleasure of the committee. • Veto Authority and Override: Mayor may veto ordinances; Council may override upon a vote of the majority plus one of the whole membership. ( "The Mayor's veto with respect to budget measures shall ' extend to specific items only, and not to the whole budget. If the Mayor fails for ten days to either approve or veto an ordinance, it shall become • valid without approval. ") Everett • People Elect Mayor and seven council members (all at- large). Four -year terms, councilmanic terms overlapping. Two municipal judges. • • Mayor Appoints Department heads, chief administrative assistant, city attorney, superintendent of parks and recreation, .board of library trustees, and advisory boards, subject to confirmation by the council; not subject to confirmation - city clerk, city treasurer, chief of police, city engineer, fire • chief, city planner, civil service commission, and other appointive officers. • 1 Memorandum to Honorable Mayor and Members of the City Council August 26, 2010 Page 4 1 1. • Veto Authority and Override: Mayor may veto ordinances; Council may override upon vote of majority plus one of all Council members ( "The mayor's veto with respect to budget measures shall extend to specific items only, and not to the whole budget "). Seattle 1 • People Elect Mayor, nine council members (all at- large), and city attorney. Four -year I terms, councilmanic terms overlapping. Nine municipal court judges. • Mayor Appoints Department heads; most appointments are subject to confirmation by the council. • Council Appoints The city auditor who shall have a four -year term, and is appointed by the majority of the council. May be removed for cause by a majority of the council. • Veto Authority and Override: Mayor may veto ordinances or "bills" presented to him or her; Council may override with vote of at least two - thirds of all Council Members. • Spokane , • People Elect Mayor, council president, and six council members. Mayor and council president are elected at- large. Two council members are elected from each of three districts, with terms overlapping. The term for each elected official is four years. • Mayor Appoints Department heads, city clerk and city attorneys, all subject to city council confirmation; assistant department heads, all other officers and employees. • Veto Authority and Override: Mayor may veto ordinances or parts. of I ordinances; Council may override with majority of all council members plus one. • 1 1 Memorandum to Honorable Mayor and Members of the City Council August 26, 2010 Page 5 B. General Provisions. In the State of Washington, several forms of local municipal government are possible. The cities described above are classified as first class cities and have adopted charters establishing the basic powers and duties of the legislative, executive and judicial branches. The other types of cities are described as follows: ' • Second Class - A second class city is a city with a population over 1,500 at the ' - time of organization or reorganization that does not have a charter and does not operate as a code city under the optional municipal code. RCW 35.01.020. ' • Town - A town has a population of less than 1,500 at the time of its organization and does not operate under the optional municipal code. RCW 35.01.040. As a result of some 1994 statutory amendments, the threshold population required to ' incorporate as a city is now 1,500, up from 300. RCW 35.02.010 Since a new city cannot be formed unless it has 1,500 inhabitants, no areas may now incorporate to form a new town. • Optional Municipal Code - Created in 1967, the Optional Municipal Code (Title 35A RCW), provides an alternative to the basic statutory classification system of - 1 municipal government. It was designed to provide broad statutory home rule authority in matters of local concern. Any unincorporated area having a population of at least 1,500 may incorporate as an optional muncipal code or "code city," and any city or town may reorganize as a code city. Optional municipal code cities with populations over 10,000 may also adopt a charter. ' Municipal Research & Service Center, "Classification of Washington Cities." Federal Way — A Recent Reorganization Under the Optional Municipal Code: Of the Optional Municipal Code Cities formed under Chapter 35A RCW, the City of Federal Way recently reorganized as a Mayor - Council form of government (changing ' from the Council Manager form). This change was approved by the voters at the general election in November 2009, but will not become fully operational until a Mayor is elected in November 2010. The situation in Federal Way is instructive but not fully comparable to any proposed change of government structure for the City of Yakima ' because Federal Way has simply reorganized as a Mayor - Council form under Title 35A RCW (Optional Municipal Code). For example, the powers and duties of the council and mayor, for the most part, simply incorporate by reference the powers and authority of Chapter 35A.12 RCW into the . Federal Way Revised. Code. With regard to the Mayor's ability to appoint officers, the code provides: ,1 1 Memorandum to Honorable Mayor and Members of the City Council August 26, 2010 Page 6 1 1 2.10.013 Rules for appointing officers. The department officers and administrators identified by the city council shall be appointed by the mayor, and subject to confirmation by a. majority of the members of the city council. If the council shall refuse to confirm any such nomination of the mayor, then the mayor shall appoint another person to fill the office, and the mayor may continue to appoint until the appointee is confirmed. The council shall have up to two regularly scheduled council meetings to act upon the mayor's appointment, but should the council fail to act within that period I of time, the appointment will be deemed confirmed. The mayor shall have the ability to make interim appointments for up to six months without council confirmation. (Ord. No. 10 -643, § 1, 2- 16 -10.) Likewise, the authority of the City Council in Federal Way with regard to appointments is stated as follows: 2.08 030 Confirmation of appointed positions. Department officers and administrators, as identified by the city council and appointed by the mayor, shall be subject to confirmation by a majority of the 1 members of the city council. If the council shall refuse to confirm any such nomination of the mayor, then the mayor shall appoint another person to fill the `office, and the mayor may continue to appoint until the . appointee is confirmed. 1 The council shall have up to two regularly scheduled council meetings to act upon the mayor's appointment, but should the council fail to act within that period of time, the appointment will be deemed confirmed: The mayor shall have the 111 ability to make interim appointments for up to six months without council confirmation. (Ord No. 10 =642, § 1, 2-16-10.) Federal Way was able to accomplish the change of government by enacting ordinances 1 changing the municipal code. Federal Way does not have a charter (noncharter code city). I 1 1 1 Memorandum to Honorable Mayor and Members of the City Council August 26, 2010 Page 7 C. Charter Provisions — Mayor - Council First Class Cities. (1) City of Spokane. After more than forty years as a Council- Manager form of government, the voters of the City of Spokane approved a change to the Mayor- Council form of government in 2001. The charter was last amended in March 2009, and subsequent amendments are currently under review by the City Council (currently set for special election on or about May 1, 2011). The charter provisions below are the provisions currently in effect. The charter provisions below have been selected to focus on the structure and organization of the City Council and office of Mayor. Summary: • People Elect Mayor, council president, and six council members. Mayor and council ' president are elected at- large. Two council members are, elected from each of three districts, with terms overlapping. The term for each elected official is four years. • Mayor Appoints Department heads, city clerk and city attorneys, all subject to city council confirmation; assistant department heads, all other officers and employees. • Veto Authority and Override: Mayor may veto ordinances or parts of ordinances; Council may override with majority of all council members plus one (Section 24.14). ' Specific Charter Provisions: Section 5. Elective Officials - a. The elective offices of the City shall be the mayor, council president, and six council members. The mayor shall be the chief executive �I officer of the City. The city council, consisting of the council president and six council members, shall constitute the legislative body of the City. They shall be elected to a term of four years each by the qualified ' electors of the City in the manner provided in this charter and by the general laws of the state. . b. The City shall be apportioned into three council districts of generally equal population, numbered one through three. Each district shall have two city council positions, numbered one and two. a Memorandum to Honorable Mayor and Members of the City Council August 26, 2010 Page 8 ' c. General municipal elections are held in November in odd - numbered years. At one such election there shall be elected the mayor, council • president, and three council members in position number one; at the next, the three council members in position number two shall be elected. d. Candidates for city council shall be nominated and elected by the electors within each candidate's district; candidates for mayor and 1 council president shall be nominated and elected by the electors of the entire City. Section 9. Council President and Council a. The council president shall preside at all meetings of the city council. i The council president shall be a member of the city council with equal rights and privileges and entitled to vote on all matters coming before the city council, but shall possess no veto power. The council 1 president shall exercise such other powers and perform such other duties consistent with the office as are conferred by this charter and by the city council. I b. The city council shall establish its own rules and order of business. c. Four council members shall be a quorum for the transaction of business, but in the absence of a quorum the members present may adjourn the meeting to a later date. d. The city council shall have authority to employ such staff as it may deem necessary. Such employees shall serve at the pleasure of the city council and shall not be under civil service while so employed. Effective Date: March 25, 2009 ORD C34385 Section 7 Section 23. Mayor Pro Tern 1 In case of the absence, suspension, or disability of the mayor, or if a vacancy shall occur in the office, the council president shall perform the duties of the mayor until the mayor shall return to duty or until the appointment of his of her successor shall have been made. 1 r Memorandum to Honorable Mayor and Members of the City Council August 26, 2010 Page 9 Effective Date: November 1999 ORD C32441 Section 11 Section 24. Mayor r The mayor shall be the executive officer of the City. In addition , to the powers and duties granted a chief executive and /or administrative officer under the law of the State of Washington the - -.r mayor shall have the following powers and duties: ' 1. The power to appoint and remove the administrative heads and assistant administrative heads in each department of the city government, provided the appointment of an administrative head shall be subject to the approval of the city council and, ' further provided, that the head or assistant head of any department shall not be deprived by any such removal of any standing under the civil service provisions of this charter which 'r the employee may have had before appointment as head or assistant head of a department. 2. The ow r p e to appoint and remove a city clerk, provided such appointment shall be subject to the approval of the city council. r 3. The power to appoint and remove the city attorney, provided such appointment shall be subject to the approval of the city r council. . 4. The power to appoint and remove, subject to the civil service provisions of this charter, all other officers and employees of the City of Spokane or to authorize the head of a department or officer responsible to the mayor to appoint and remove subordinates in such department or office. 5. The power to make all other appointments required to be made by the mayor by the laws of the State of Washington and in the manner provided. thereby. r 1 Memorandum to Honorable Mayor and Members of the City Council 1 August 26, 2010 Page 10 6. The power to appoint and remove a chief or assistant administrative officer who, under the general supervision of the mayor, shall assist the mayor, supervise, in the discretion of the mayor, the administrative offices and perform such other duties as are delegated to the position, from time to time, by the mayor. The salary of such administrative officer shall be fixed in the discretion of the mayor but shall not exceed one hundred ten percent of the salary of the highest paid employee of the City (other than the mayor or such administrative officer) or such higher amount as set by the city council, from time to time. 7. The power to appoint and remove an executive secretary and assistants not subject to civil service, whose compensation shall be fixed by the city council. 1 8. Whenever the city council shall be required to appoint any member of a board, commission, or other body, unless the appointee is a council member, it shall be the duty of the mayor to nominate a suitable person for such appointment. If the city council refuses to appoint any nominee of the mayor, then the mayor shall, within ninety days thereafter, nominate another person to fill the office, and may continue to nominate until appointment. If the mayor fails to make another such nomination within ninety days, then the city council shall select a suitable person to fill the office. 1 9. The power to initiate the removal of a council appointee, other than a council member appointee to a committee of the council, by recommending such removal to the city council. The council shall consider the request. If a majority of the council is in favor, the appointee shall be removed. Upon such removal, the vacancy for the unexpired term, if any, shall be filled by appointment in the same manner as if at the beginning of the term, except as otherwise provided in this charter. 10.The duty to see that all laws and ordinances are faithfully I enforced and that law and order are maintained in the City. 1 Memorandum to Honorable Mayor and Members of the City Council August 26, 2010 Page 11 11. The duty of the mayor annually at the second meeting of the city council in October to communicate by message to the city council a statement of the conditions and affairs of the City, and to recommend the adoption of such measures he or she may deem expedient and proper. The mayor shall make special communication to the city council from time to time as he or she may deem useful and proper, and shall submit reports on city matters when so requested by the city council. 12. The duty to prepare and present to the city council a budget and a budget message setting forth the programs proposed for the City during the next fiscal year. 13. The power to recommend to the city council for adoption such measures and ordinances as may be deemed expedient and to make such other recommendations to the city council concerning the affairs of the.City as may seem desirable. 14. The power to veto ordinances or parts of ordinances passed by the council and submitted to him or her as provided herein but such veto may be overridden by the vote of a majority of all I . council members plus one more vote. 15. The power to make investigation into the affairs of the City under the supervision of the mayor or any department or division, or the proper performance of any contractor obligation running to the City of Spokane. 16. The power to make recommendations in connection with the awarding of public contracts and shall see that all contracts made by the City of Spokane are faithfully performed. 1 17. The duty to hold no employment other than that of the City. 18. The duty to approve for payment and submit to the city council at each meeting for its allowance all claims and bills. 1 1 Memorandum to Honorable Mayor and Members of the City Council August 26, 2010 Page 12 1 Effective Date: March 25, 2009 ORD C34385 Section 18 Section 25. Administrative Departments Administrative departments shall be created or discontinued by the city council at the time of the adoption of the annual budget, as the public business may demand. The rights, powers, and duties of the departments 1 shall be prescribed, distributed, assigned, established, or discontinued by ordinance. Effective Date: March 25, 2009 ORD C34385 Section 19 Section 26. Salary Except as otherwise provided by this charter, city officers, assistants, and employees shall receive such salary or compensation as the city council shall fix by ordinance and the same shall be payable at such times as the city council shall determine. Effective Date: March 25, 2009 ORD C34385 Section 20 1 (2) City of Seattle. The City of Seattle was incorporated in 1869, and voters adopted and approved the city charter in 1890. The essential form has remain unchanged over the years, but the charter has undergone several amendments. The last amendment was approved in November 2007. Summary: • People. Elect Mayor, nine council members (all at- large), and city attorney. Four -year terms, councilmanic terms overlapping. Nine municipal court judges. • Mayor Appoints Department heads; most appointments are subject to confirmation by the council. 1 I I Memorandum to Honorable Mayor and Members of the City Council , August 26, 2010 I Page 13 1 • Council Appoints The city auditor who shall have a four -year term and is appointed by the I majority of the council. May be removed for cause by a majority of the council. I • Veto Authority and Override: Mayor may veto ordinances or "bills" presented to him or her; Council may override with vote of at least two - thirds of all Council Members (Article IV, Section 12). 1 Specific Charter Provisions: I ARTICLE III.. Departments of Government . Sec. 3. HEADS OF DEPARTMENTS; OFFICIAL COMMUNICATIONS: I The Mayor shall head the Executive Department; the President of the City Council, the Legislative Department; the Librarian, the Library Department, and the members of the commissions or boards created by I this Charter, and the principal unsubordinated officers in departments wherein there is no commission or board shall head their respective . departments, but no head of department shall have or exercise any power ' or authority not provided for elsewhere in this Charter. Official communications between different departments, except as in this Charter . otherwise provided, shall be through, or by authority of, the heads of the I departments. ARTICLE IV. Legislative Department. I Section 1. A. LEGISLATIVE POWER, WHERE VESTED: The legislative powers of The City of Seattle shall be vested in a Mayor I . and City Council, who shall have such powers as are provided for by this Charter; but the power to propose for themselves any ordinance dealing with any matter within the realm of local affairs or municipal business, and to enact or reject the same at the polls, independent of the Mayor and the City Council, is also reserved by the people of The City of Seattle, and . , provision made for the exercise of such reserved power, and there is further reserved by and provision made for the exercise by the people . of the power, at their option, to require submission to the vote of the qualified electors and .thereby to approve or reject at the polls any ordinance, or any section, item or part of any ordinance dealing with any matter within 1 I . 1 Memorandum to Honorable Mayor and Members of the City Council August 26, 2010 Page 14 1 the realm of local affairs or municipal business, which may have passed the City Council and Mayor, acting in the usual prescribed manner as the ordinary legislative authority. 1 Notes: Cases: An ordinance referred to the people by the City Council is suspended until the election. Stetson v. Seattle, 74 Wash. 606, 134 Pac. 494 (1913). Seattle has power under Article Xl, § 10 of the Washington Constitution to provide for initiative and referendum in its City Charter. Hartig v. Seattle, 53 Wash. 432, 102 Pac. 408 (1909). ARTICLE IV. Legislative Department. Sec. 2. CITY COUNCIL, MEMBERS: The City Council shall consist of nine (9) members, elected from the City 1 at large. ARTICLE IV. Legislative Department. Section 12. BILLS TO BE PRESENTED TO MAYOR: Every bill which shall have passed shall within five days thereafter be I presented to the Mayor. RETURN OF BILLS; VETO: The Mayor shall return such bill to the Council within ten (10) days after receiving it. If he or she signs the bill or returns it unsigned but without disapproval or if the time for returning the bill shall have elapsed without its return, that shall be deemed a favorable action by the Mayor and it shall become an ordinance. If the Mayor disapproves the bill, he or she shall, when so returning it, specify his or her objections thereto in writing. The objections of the Mayor shall be entered at large on the journal of the Council, and published in the City official newspaper. RECONSIDERATION OF VETOED BILLS: The Council shall, not less than five days after such publication, and within thirty days after such bill shall have been so returned, reconsider and vote upon the same, and if the same shall, upon such reconsideration, be again passed by the affirmative vote of not less than two- thirds of all the members, the President of the Council shall certify the fact on the bill, and when so certified the bill shall become an ordinance with like effect as if it had not been disapproved by the Mayor; but if the bill so returned shall fail to receive upon the first vote thereon an affirmative vote of two - thirds of all the members it shall be deemed finally lost. The vote on such reconsideration shall be taken by yeas and nays, and the names of the members voting for or against the same shall be entered in the journal thereof. (As amended at November 2, 1999 1 ' Memorandum to Honorable Mayor and Members of the City Council August 26, 2010 Page 15 election.) ARTICLE V. Executive Department Section 1. QUALIFICATIONS OF MAYOR: The chief executive officer of the City shall be a Mayor. He or she shall be a citizen of the United States and a qualified elector of the State of Washington.and a registered voter of The City of Seattle at the time of ' filing his or her declaration of candidacy. (As amended at November 4, 1969 election.) ARTICLE V. Executive Department Sec. 2. POWER AND DUTIES OF MAYOR: The Mayor shall see that the laws of the City are enforced, and shall direct and control all subordinate officers of the City, except in so far as such enforcement, direction and control is by this Charter reposed in some other officer or board, and shall maintain peace and order in the City. He or she may, in any emergency, of which the Mayor shall be the judge, assume command of the whole or any part of the police force of the City; but before assuming such control he or she shall issue his or her proclamation to that effect, and it shall be the duty of the Chief of Police to execute orders promulgated by the Mayor during such emergency. The Mayor shall perform such other duties and exercise such other authority as may be prescribed by law. ARTICLE V. Executive Department Sec. 3. APPOINTIVE OFFICERS: The appointment or removal of officers requiring confirmation by the City • Council shall be effective only upon the affirmative vote of a majority of the membership of the City Council. In the absence of any express provision in this Charter as to the manner of appointing any officer, the Mayor shall appoint such officer subject to such confirmation. Notes: Cases: The City Engineer was removed from office upon the confirmation of the Mayor's recommendation for removal; notice of a motion to . reconsider the confirmation did not delay his or her removal. State ex rel. Gill v. Byrne, 31 Wash. 213, 71 Pac. 746 (1903). • 1 1 Memorandum to Honorable Mayor and Members of the City Council August 26, 2010 Page 16 I 1 ARTICLE V. Executive Department Sec. 4. APPOINTMENT AND CONFIRMATION; COUNCIL TO ELECT IF MAYOR FAILS TO NOMINATE If the City Council shall refuse to confirm any nomination of the Mayor, then the Mayor shall within ninety days thereafter nominate another person to fill the office, and he or she may continue to nominate until confirmation. If, the Mayor fails to make another such nomination within ninety days, then the City Council shall elect a suitable person to fill the office during the term. (As amended at September 18, 1979 election.) ARTICLE V. Executive Department Sec. 5. VACANCIES BY REMOVAL Whenever the Mayor shall remove an appointive officer, the vacancy for 1 the unexpired term shall be filled by appointment in the same manner as if at the beginning of the term, except as otherwise provided in this Charter. ARTICLE VI. Department of Police Sec. 2. CHIEF OF POLICE; QUALIFICATIONS, APPOINTMENT, REMOVAL; TO APPOINT SUBORDINATE OFFICERS The Chief of Police shall be appointed by the Mayor, subject to confirmation by a majority vote of all members of the City Council. He or she shall be selected by the Mayor from among, the three highest ranking candidates in a competitive examination to be conducted under the direction of the Mayor. The Mayor may remove the Chief of Police upon filing a statement of his or her reasons for so doing with the City Council. A Chief of Police appointed from the classified civil service may take leave of absence from his or her classified position until completion of his or her tenure as Chief of Police. All subordinate police officers shall be appointed by the Chief of Police under civil service rules and regulations. ARTICLE VIII Financial and Clerical Section 1. DEPARTMENT OF FINANCE 1 There shall be a Department of Finance to exercise general supervision over the financial affairs of the City, with such powers and duties as may be prescribed by ordinance. The Director of Finance shall be appointed by the Mayor, subject to confirmation by a majority of the City Council, shall be subject to reappointment and reconfirmation every four years, and may 1 Memorandum to Honorable Mayor and Members of the City Council August 26, 2010 Page 17 be removed by the Mayor upon filing a statement of his or her reasons therefor with the City Council. (As amended at November.8, 1977 ' election, November 5, 1991 election, and November 7, 2006 election.) ARTICLE VIII Financial and Clerical ' Sec. 2. CITY AUDITOR There shall be a City Auditor who shall examine and verify the accuracy of the accounts and records of the City; inspect the receipt, safekeeping, and disbursement of public funds; and perform such other duties as are prescribed by law. The City Auditor shall have a term of four years and shall be appointed by a majority of the City Council and may be removed for cause by a majority of the City Council. (As amended at November 5, 1991 election, and November 7, 2006 election.) ARTICLE VIII Financial and Clerical Sec. 3. DUTIES OF CITY CLERK • The City Council shall select the City Clerk. The City Clerk, or a deputy, shall attend all meetings of the City Council and keep a complete record of the proceedings thereof; and he or she shall have the custody of the 1 City Seal, the original rolls of ordinances, the original contracts, deeds, and certificates relative to the title of any property of the City, official, indemnity or security bonds, and such other records, as are required to be deposited, and he or she shall administer oaths and perform such other duties as prescribed by ordinance. (As amended at November 5, 1991 election, and November 2, 1999 election.) ARTICLE X. Fire Departmentl Sec. 2. APPOINTMENT OF FIRE CHIEF The Fire Chief shall be appointed by the Mayor, such appointment to be effective only upon confirmation of the City Council passed by a majority vote of all its members and the Fire Chief may be removed by the Mayor upon filing a statement of the Mayor's reasons therefor with-the City Council. The Fire Chief shall have at least ten years service in a fire ' department in a jurisdiction of not less than one hundred thousand. population. In case the Fire Chief be appointed from the civil service, he or she shall resume his or her former position therein upon replacement and the subordinate appointees shall, resume their former positions respectively. (As amended at November 2, 1999 election.) • 1 . 1 Memorandum to Honorable Mayor and Members of the City Council 1 August 26, 2010 Page 18 1 ARTICLE XIX. Officers; Terms and Vacancies Section. 1. ELECTIVE OFFICERS The elective officers of The City of Seattle shall be: A Mayor, a City Attorney, and the members of the City Council. (As amended. at November 5, 1991 election.) 1 ARTICLE XIX. Officers; Terms and Vacancies Sec. 3. TERMS OF ELECTIVE OFFICERS The terms of the Mayor, the City Attorney, and of Councilmembers shall be four years. (As amended at November 5, 1991 election.) 1 • (3) City of Everett. The City of Everett charter was adopted and 1 approved in 1968. Summary: I • People Elect Mayor and seven council members (all at- large). Four -year terms, councilmanic terms overlapping. Two municipal judges. • Mayor Appoints Department heads, chief administrative assistant, city attorney, superintendent of parks and recreation, board of library trustees, and advisory boards, subject to confirmation by the council; not subject to confirmation - city clerk, city treasurer, chief of police, city engineer, fire chief, city planner, civil service commission, and other officers. • Veto Authority and Override: Mayor may veto ordinances; Council 1 may override upon vote of majority plus one of all Council members (Sections 3.4 and 4.1) ( "The mayor's veto with respect to budget measures shall extend to specific items only, and not to the whole budget "). Specific Charter Provisions: Sec. 1.6. Form of Government. 1 Except as provided in Article XVII for the transitional period, the government of this city shall be vested in an elected mayor and an elected 1 Memorandum to Honorable Mayor and Members of the City Council August 26, 2010 Page 19 • council of. seven (7) members, and may be referred to as the "Mayor- Council Plan" of government. Sec. 2.1. Elective City Officers, Size of Council — Elected at Large. ' The elective officers of the city shall -be the mayor and seven (7) councilmen, all of whom shall be elected by majority vote from the city at large. Sec. 2.7. Mayor Pro Tempore /Interim Mayor. (a) The members of the council shall by majority vote designate one of their members as mayor pro tempore for such period as the council ' may specify. The mayor pro tempore shall hold office at the pleasure of the council, and in case of the absence or temporary incapacity of the mayor perform the duties of mayor except he shall not have power to appoint or remove any officer or veto actions of the co_ uncil. The mayor pro tempore shall remain a council member and may still vote . as a council member on matters before the council. In the case of an extended absence in the office of the mayor, the mayor pro tempore may appoint or ' remove an officer with the consent of the majority of the council. (b) In addition, the council shall as the need may arise, appoint one of its members to serve as interim mayor in the event of _a vacancy as defined by section 2.5. The interim mayor shall have the full authority of the office of mayor, and shall serve until the person who is elected to serve the remainder of the unexpired term of the mayor takes office. A ' ' council member appointed to serve as interim mayor shall vacate his or her council position. (Ord. 2924 -06 § 4, 2006: amended 11 -5 -96) Sec. 4.1. Duties and Authority of the Mayor — Veto — Breaking Vote. The mayor shall be the chief executive and administrative officer of the city, in charge of all departments and employees. The mayor shall have the power to appoint and remove, subject to applicable civil service provision, and except as otherwise provided in this charter or by state law, all appointive officers and all employees of the city under his jurisdiction, t or may authorize the head of a department or office responsible to him to appoint and remove subordinates in such department or office. He shall make certain that all laws and ordinances are faithfully enforced and that law and order is maintained in the city, and shall have general supervision 1 Memorandum to Honorable Mayor and Members of the City Council August 26, 2010 Page 20 1 of the administration of city government_ and all city interests. All official bonds and bonds of contractors with the city shall be submitted to the mayor or such person as he may designate for approval or disapproval. He shall make certain that all contracts and agreements made with the city or for its use and benefit are faithfully kept and performed, and to this end he may cause any legal proceeding to be instituted and prosecuted in the name of the city, subject to approval by majority vote of the council. The mayor, when present, and otherwise his delegate, shall attend all regular meetings of the city council, but shall have no vote. He shall report . to the council concerning the affairs of the city and its financial and other needs, and shall make recommendations for council consideration and action. He shall prepare and submit to the council a proposed budget, as required by law, charter or ordinance. The mayor shall have the power to veto ordinances passed by the council and submitted to him as provided in section 3.4, but such veto may be overridden by the vote of a majority of all council members plus one more vote. The mayor shall be the official and ceremonial head of the city and shall represent the city on ceremonial occasions, except that when illness or other duties prevent the mayor's attendance at an official function and no mayor pro tempore has been appointed by the council, a member of the councilor some other suitable person may be designated by the mayor to represent the city on such occasion. (Sec. 3.4... Every ordinance which passes the council in order to i become valid must be presented to the mayor; if he approves it, he shall sign it and the ordinance shall become valid, but if not, he • shall return it with his written objections to the council and the council shall cause his objections to be recorded in the meeting minutes and proceed to a reconsideration thereof. If upon reconsideration a majority plus one of the whole membership, voting upon a call of ayes and nays, favor its passage, the ordinance shall become valid notwithstanding the mayor's veto. If • the mayor fails for ten (10) days to either approve or veto an ordinance, it shall become valid without his approval. The mayor's veto with respect to budget measures shall extend to specific items only, and not to the whole budget.) ' 1 I Memorandum to Honorable Mayor and Members of the City Council August 26, 2010 ' Page 21 Seca 4.2. Appointment and Removal of Chief Administrative Assistant — Qualifications, Compensation. The mayor, with the approval of the council, may appoint and remove a chief administrative assistant to perform such administrative duties as may be designated by the 'mayor from time to time. The compensation for such chief administrative assistant shall at no time be less than the highest compensation paid to any department head, exclusive of the city attorney. The chief administrative assistant need not be a resident at the time of his appointment. He shall be chosen solely on the basis of his qualification as an administrator, with particular emphasis on his educational background, training, and experience as a professional municipal administrator. Sec. 4.3. Administrative Departments — Establishment. i Within the framework established by this charter, the administrative service of the city government shall be divided into such offices, departments, and divisions as provided by ordinance or this charter. Sec. 4.4. Appointive Officers. ' The appointive officers of the city shall include the chief administrative assistant (if appointed), the city attorney, the city clerk, the chief of police, the fire chief, and the department heads of all other departments established'pursuant to this article and such other appointive officers as are established by ordinance. Except as otherwise provided in this charter, all appointive officers shall be appointed and removed by the I • mayor, and shall be responsible to the mayor. An appointive officer shall not be deprived by such removal of his standing under applicable civil service provisions which he may have had before his appointment to such office. (Amended 11 -5 -96) (4) ' City of Bellingham. The City of Bellingham was incorporated in 1904 and achieved status as a first class city in 1915. Summary: • People Elect ' Mayor, finance director, and seven council members (one from each of six wards, one at- large). Four -year terms, except one councilmember at -large • for a two -year term, councilmanic terms overlapping. 1 . 1 Memorandum to Honorable Mayor and Members of the City Council August 26, 2010 Page 22 • Mayor Appoints 1 Department heads, including police chief, fire chief, public works director, deputy administrator, director of planning and community development, 1 director of parks and recreation, municipal court administrator, planning commission, and certain advisory boards without council approval. The city attorney, chief administrative assistant, finance director, civil service commission, board of adjustment, and library board are subject to council approval. • Veto Authority and Override: Mayor may veto ordinances; Council may override with a vote of the majority plus one of the whole membership (Sections 3.04 and 4.03). 1 Specific Charter Provisions: 2.01 Elective City Officers 1 The elective officers of the City shall be the Mayor and 7 Council Members. All elective officers shall be elected at municipal general elections by majority vote from the City at large. [Amended April 18, 2008 (Ord. 2008 -04 -033); November 7, 2006; November 5, 1985; November 3, 1981] 2.02 Terms Of Elected Officials The term of the Mayor shall be 4 years. The terms of the 6 Council Members to be elected by wards shall be 4 years. The term of the Council Member to be elected at Large shall be 2 years. The terms of Council Members shall be so staggered that 3 ward Council Members and the Council Member -at -Large shall be elected at each municipal general election. [Amended April 18, 2008 (Ord. 2008 -04 -033), and November 7, 2006] 1 3.04 Ordinances -- Regular ...Every ordinance which passes the Council in order to become valid 1 must be presented to the Mayor; if the Mayor approves it, the Mayor shall sign it and the ordinance shall become valid; but if not, the Mayor shall 1 Memorandum to Honorable Mayor and Members of the City Council August 26, 2010 Page 23 return it with written objections to the Council, and the Council shall cause the objections to be entered at large upon the journal and proceed to a reconsideration thereof. If upon reconsideration, a majority plus one of the whole membership, voting upon a call of ayes and nays, favor its passage, the ordinance shall become valid notwithstanding the Mayor's t veto. If the Mayor fails for 10 days to either sign or veto an ordinance, it shall become valid notwithstanding the Mayor's veto. The Mayor's veto with respect to budget measures shall extend to specific items only, and ' not to the whole budget. • 4.01 Authority Of The Mayor • The Mayor shall be the chief executive and administrative officer of the City with the prime responsibility of coordination and supervision of the I activities of all departments and employees of the City. The Mayor shall have the power to appoint and remove, subject to applicable civil service provisions, and except as otherwise provided in this Charter or by state law, all appointive officers of the City under the Mayor's jurisdiction or may authorize the head of a department or office responsible to the Mayor to appoint and remove subordinates in such ' department or office. [Amended April 18, 2008 (Ord. 2008 -04 -033)] 4.02 Duties Of The Mayor , The Mayor shall make certain that all laws and ordinances are faithfully enforced and that law and order is maintained in the City and shall have general supervision of the administration of City government. t All official bonds and bonds of contractors with the City shall be reviewed by the Mayor or such person designated by the Mayor, for approval or disapproval. The Mayor shall make certain that all contracts and agreements made with the City or for its use and benefit are faithfully kept and performed. To this end, the Mayor may cause any legal proceedings to be instituted and prosecuted in the, name of the City, subject to 1 1 Memorandum to Honorable Mayor and Members of the City Council August 26, 2010 Page 24 1 approval by majority vote of the Council. The Mayor, when present, and otherwise a delegate of the Mayor, shall I attend all regular meetings of the City Council, but shall have no vote. The Mayor shall report to the Council concerning the affairs of the City and its financial and other needs, and shall make recommendations for Council consideration and action. The Mayor shall prepare and submit to the Council a proposed budget, as required by law, Charter or ordinance. The Mayor shall be the official and ceremonial head of the City and shall represent the City on ceremonial occasions, except when illness or other duties prevent the Mayor's attendance at an official function and no Mayor Pro Tempore has been appointed by the Council, a member of the Council or some other suitable person may be designated by the Mayor to represent the City on such occasion. 1 [Amended April 18, 2008 (Ord. 2008 -04 -033)] 4.03 Mayor's Power Of Veto The Mayor shall have the power to veto ordinances passed by the Council and submitted as provided in this Charter, but such veto may be overridden by the vote of a majority of all Council members plus one more vote. [Amended April 18, 2008 (Ord. 2008 -04 -033)] 4.04 Chief Administrative Assistant Qualifications And Appointment ' The Mayor, with the approval of the Council, may appoint a Chief I Administrative Assistant who shall serve at the pleasure of the Mayor and shall perform such administrative duties as may be specified by the Mayor. The Chief Administrative Assistant need not be a resident at the time of appointment. The appointment of any person to the position of Chief Administrative Assistant shall be based solely on the basis of the person's qualifications as an administrator, with particular emphasis on educational 1 Memorandum to Honorable Mayor and Members of the City Council August 26, 2010 Page 25 • . background, training, and experience as a professional municipal administrator. [Amended April 18, 2008 (Ord. 2008-04-033)] • 4.05 Administrative Departments The Council shall by ordinance establish or abolish' City "departments, offices or agencies and shall prescribe their functions. All departments, offices and agencies under the direction and supervision p 9 P of the Mayor shall be administered by an officer appointed by and subject I , to the direction and supervision of the Mayor. The Mayor shall assure coordination of activities by calling joint meetings 1 of City department heads at least once monthly. 6.01 Legal Officer - - Appointment -- Duties There shall be a legal officer of the City, hereinafter referred to as City. Attorney, appointed or removed by the Mayor with Council approval, who shall serve as chief legal advisor to the Council, the Mayor and all City departments, and shall represent the City in legal proceedings, and shall perform any other duties prescribed by this Charter or by ordinance, and shall be devoted full time to the legal business of the City of. Bellingham. The City Attorney 'shall appoint such deputies and assistants as prescribed by ordinance. [Amended April 18, 2008 (Ord. 2008 -04 -033)] . • 6.03 Special Counsel The Mayor, with the approval of the Council, may employ special counsel to take care of special - matters; or to assist the City Attorney; or to perform on an interim basis the duties of the City Attorney in the event of a vacancy in the office, until selection and appointment of a full time City Attorney. 1 1. Memorandum to Honorable Mayor and Members of the City Council August 26, 2010 Page 26 1 1 [Amended April 18, 2008 (Ord. 2008 -04 -033)] 7.01 Boards, Advisory Only The Council may, by ordinance, establish advisory boards with such functions and number of members as it may determine. The members of such boards shall be appointed and removed by the Mayor. No elected City official, or City officer, or City employee, or citizen having a conflict of interest shall be eligible for appointment to such boards. No compensation will be paid to members of advisory boards, except as provided by ordinance. Unless otherwise provided in this Charter, or by state law, all boards, 1 commissions, committees or other such bodies (herein referred to as "Boards ") shall be advisory only, and shall be for the purpose of assisting the Mayor or Council in the performance of their duties. ' (5) City of Bremerton. The voters of the City of Bremerton adopted 1 and approved a Mayor - Council charter in 1933. The charter was last amended in 1985. Summary . • People Elect Mayor, municipal court judge and nine council members (one from each of nine districts). Four -year terms, councilmanic terms overlapping. • Mayor Appoints 1 Administrative heads with confirmation by the city council, including: administrative services director, building official, city attorney, city clerk, city engineer, city treasurer, chief of fire, chief of police, community development director, public works director, human resources manager, and civil service officer. Appoints park board, city planning commission, civil service commission, traffic safety commission, public access citizens advisory committee, solid waste advisory committee, Bremerton Housing Authority, disability action committee, parking advisory board and building appeals board, with consent of the city council. 1 Memorandum to Honorable Mayor and Members of the City Council August 26, 2010 Page 27 A city (internal) auditor is appointed by the audit committee and serves at the pleasure of the committee. • . Veto Authority and Override: Mayor may veto ordinances; Council may override upon a vote of the majority plus one of the whole membership. ( "The Mayor's veto with respect to budget measures shall extend to specific items only, and not to the whole budget. If the Mayor fails for ten days to either approve or veto an ordinance, it shall become valid without approval." — Section 15(5)) Specific Charter Provisions: • 1 Section 6 - Officers - Election - Term - Qualifications: The elective officers of this City shall be eleven in number: The Mayor and Municipal Judge, who shall be elected by majority vote from the City at large, and nine part-time members of Council, who shall be elected by majority vote from each of their respective districts. No person shall be eligible for election to any City office, unless he or she is a citizen of the United States and has resided in Bremerton for . at least one year preceding election', except the Municipal Judge, who need only be a citizen and reside in Kitsap County and licensed to practice law in the State of Washington. No person shall be eligible for the position of council member while holding any other elective public office or otherwise employed by the city. Candidates for Council must also be residents of their, respective districts at the time of filing. The Mayor shall continuously reside within the City and Council members'shall reside continuously within their district during their elective terms, except as provided in. Section 7 of this Charter. The terms of all elective officers shall commence on the first day in January following their election and shall be for a period of four years until their successors are elected and have qualified. In the 1997 election positions 1, 3, 5, 7 and 9 shall stand for election, and remaining positions will stand for election in 1999. Thereafter municipal elections shall be held biennially and the requisite Council members shall be elected for four year terms. • 1 Memorandum to Honorable Mayor and Members of the City Council August 26, 2010 Page 28 Section 15 - Ordinances - Styles - Requisites - Veto: * ** • (5) Every ordinance that passes Council in order to become valid must be presented to the Mayor. If approved, it shall be signed, but if not, it shall be returned with written objections to Council who shall cause the objections to be entered on the record and proceed to reconsideration thereof within thirty (30) days of return of the vetoed ordinance. If upon reconsideration, a majority plus one of the whole membership favor its passage, the ordinance shall become valid notwithstanding the Mayor's veto. The Mayor's veto with respect to budget measures shall extend to specific items only, and not to the whole budget. If the Mayor fails for ten days to either approve or veto an ordinance, it shall become valid without approval. Ordinances shall be signed by the Mayor and attested by the City Clerk. Section 19 - Duties and Authority of the Mayor: The Mayor: (1) Shall be the chief executive and administrative officer of the City in charge of all departments and employees. (2) Shall see that all laws and ordinances are faithfully enforced y orced and that law and order are maintained in the City. (3) Shall have general supervision of the administration of city government and all city interests. (4) Shall see that all contracts and agreements made with the City or for g Y its use and benefit are faithfully kept and performed, and to this end, may cause any legal procedures to be Instituted and prosecuted in the name of . the City, subject to approval by majority vote of all members of Council. (5) Shall report to Council, in a public meeting, concerning the affairs of the City and its financial and other needs, and shall make recommendations for Council consideration and action. Shall prepare and submit to Council a proposed budget. ( ) et. p P P p 9 (7) Shall be the official and ceremonial head of the City and shall 1 represent the City, except that when illness or other duties prevent the Mayor's attendance at an official function and the Mayor Pro Tempore is 1 1 I Memorandum to Honorable Mayor and Members of the City Council - August 26, 2010 Page 29 unavailable, a member of Council or some other suitable person may be designated by the Mayor to represent the City on such occasion. (8) Shall devote full -time, during business hours, to the service of the City and shall not hold any other public office except notary public. Section 20 — Appointive Officers - Duties - Compensation: Appointive officers shall be those provided for by City Charter or I • . ordinance and shall include a City Attorney and City Clerk. The office of City Clerk may be merged with any other compatible appointive office. The authority, duties and qualifications of all appointive officers shall be as prescribed by charter, or ordinances, or applicable job description. • ' Section 21 - Appointment and Removal. of Appointive Officers and Employees - Terms: The Mayor shall have the power of appointment and removal of all appointive officers and employees, except the City Auditor, City Attorney, Court employees and Council employees, subject to any applicable law, rule or regulation relating to civil service. Council employees who serve at ' the pleasure of the Council may only be removed by a majority vote of Council sitting as a whole. The head of a department may be authorized by the Mayor to appoint and remove subordinates in such departments or ' office, subject to applicable union agreements and any applicable civil service provisions. All appointments of appointive officers and employees shall be made on the basis of ability and training or experience in the duties of the position, and in compliance with provisions of any merit system applicable to the City. Confirmation by Council of appointments of appointive officers shall be required. Appointive officers shall be without a t definite term unless a term is established for such office by law or ordinance. The Mayor shall have the sole authority to accept the resignation of any appointive officer. ' Section 23 - City Attorney: (1) Appointment. The Legal Department of the City shall consist of a City ' Attorney, and such assistant city attorneys . as authorized in the budget. All must be duly licensed attorneys of the State of Washington in accordance with state statute or court rule. The City Attorney shall be a full -time in- house City Attorney, appointed by the mayor and confirmed by the . Council. The City Attorney may be removed by the Mayor, with the concurrence of a majority of Council sitting as a whole, or by Council ' alone, provided that removal by Council alone shall require a 2/3 vote of 1 Memorandum to Honorable Mayor and Members of the City Council August 26, 2010 Page 30 i the entire Council. The City Attorney may remove assistant city attorneys at his or her pleasure. (2) Duties. The City Attorney shall be legal advisor of all officers, Y Y g , commissions, boards and committees of the City and shall bring and prosecute all actions which may be directed by the Mayor or Council, and defend the City in all actions against it and any action in which the City, - any past or present employee, officer, board, committee, or commission is a party as a result of acts or omissions in the good faith performance of the city's business. (3) Special Counsel. Council may at any time retain or appoint special ' counsel for specific assignments. Section 32 - Member Residency Requirement: , The Mayor shall appoint all boards, commissions and committees established by ordinance or charter, except the Audit Committee, with Council confirmation as required by ordinance. All members of boards, commissions and committees established by ordinance or charter shall be residents of the City for at least one year prior to appointment and eighteen years of age, unless otherwise provided by ordinance. Any member of a board, commission and committee established by ordinance or charter who is not a resident of the City at the time this provision takes effect shall serve out the balance of the term for which appointed. 1 (6) Aberdeen. The City of Aberdeen was incorporated in 1890 and ' achieved status as a first class city in 1931. Summary: • People Elect Mayor, 12 council members (two from each of six wards), four -year terms, councilmanic terms overlapping. • Mayor Appoints 1 Department heads, finance director (finance director is ex- officio city clerk), boards, and commissions subject to confirmation by the council. - t 1 1 1 • ' Memorandum to Honorable Mayor and Members of the City Council August 26, 2010 ' Page 31 • Veto Authority and Override: Mayor may veto ordinances; Council may override upon vote of at least two- thirds "of the Councilmen elected ' to vote." Specific Charter Provisions (Summarized): Section 2. OFFICERS. This section provides for elected and appointed officers. The section provides in part: The elective officers of the City shall consist of a Mayor and twelve Councilmembers, two from each ward [six wards, Mayor at large]. The Mayor shall be nominated and elected by the voters of the City at large and the Councilmembers by the respective wards. The appointive officers shall consist of a Finance Director, Corporation Counsel, Fire Chief, City Engineer, Chief of Police, Water Superintendent, Building Inspector, Street Commissioner, Health Officer and the incumbents of such other offices as may from time to time be created by ordinance. [These appointed officers] shall be appointed by the Mayor and confirmed by the City Council. All city officers enumerated in this section shall hold office for the term of two years and until their successors are elected and qualified with the exceptions of the Fire Chief and the Chief of Police who shall be under the City's Civil Service system following their qualification for office.... * (Amended 1982, Emphasis added.) ' * Note:.In ractice the City of Aberdeen does not limit its appointed P � Y PP officers to two -year terms. . Section 13. MAYOR, POWERS AND DUTIES. T his section provides in part that, "all appointive officers enumerated in this Charter whose appointments are not otherwise provided for herein shall be appointed by the Mayor and the appointments confirmed by the Council." Section 13 also contains the provisions relating to veto authority of the Mayor and override authority of the Council: . ... [the Mayor] shall sign all ordinances passed by the City Council, if he approves of them; if he does not approve of them, he shall within eight days after their submission to him return the same to the City Comptroller's office with his objections in writing, and at the first meeting 1 Memorandum to Honorable Mayor and Members of the City Council August 26, 2010 Page 32 of the City Council thereafter the same shall be entered upon their journal and they shall then reconsider such ordinance and unless two thirds of the Councilmen elected vote for its passage, it shall not become law. If the Mayor shall not so return any ordinance within eight days, it shall become a law as if he signed it.... 1. 1 1 1 1. 1 II I Sec. 1 I r _ CHARTER OF THE CITY OF Building Inspector, Street Commissioner and Health ABERDEEN Office; shall be appointed by the Mayor and con - - fumed by the City Council. All city officers enu- PREAMBLE =rated in this section shall hold office for the term I of two years and until their successors are elected The following Charter . has been framed by the and qualified. The, elective officers shall take office duly constituted committee of freeholders chosen by, on the first Monday of January following their elec- the people of the City of Aberdeen for that purpose, tion. The appointive officers shall take office upon and when it is ratified by the popular vote, it will their qualifying after their appointment and confir- become the governing law of the City. mation by the Council. I Sec. 1. PRIVILEGES AND POWERS. All acts Sec. 3. ELECTIONS.* General municipal or city done, proceedings had, and steps taken, in the ad- elections shall be held annually on the first Saturday I vancement of the City from the second to the first in December in each year, the first such election to class, are hereby ratified, confirmed and validated, be held on the first Saturday in December, 1929. All and the City of Aberdeen hereby asserts and de- ' city officers elected at the December election, 1929, a dares its corporate existence, under that name, as a , shall be and constitute the officers under this Char- City of the first class, and as such it shall have ter and hold office for the term for which they are perpetual succession, may sue and be sued shall elected. The six councilmen incumbent from the a have and use a common seal, and may alter the ' various wards whose terms do not expire until Janu- same at pleasure, may purchase, receive, have, take, ary, 1931, shall continue in office until their said hold, lease, use and enjoy property and control and terms expire. Q dispose of the same for the common benefit. It shall possess all of the powers, authority and privileges * See RCW Title 29. and shall assume all of the duties and obligations fl conferred and imposed upon cities of the first class Sec. 4. ELECTIONS TO BE HELD UNDER under the Constitution and Statutes of the State of. GENERAL . LAW. All municipal elections held Washington as they now exist or may be hereafter under the provisions of this Charter shall be con - amended or enacted. ducted according to the general election laws of the State, as far as practicable, except as herein other- Sec. 2. OFFICERS. The elective officers of the wise. provided. No person shall be qualified to vote N City, shall consist of a Mayor, twelve Councilmen, at such election unless he shall be a qualified elector two from each ward, City Treasurer, and City of the county and shall have resided in such city for Comptroller, who shall be ex officio City Clerk. The at least thirty days next preceding such election. The I Mayor, Treasurer and Comptroller shall be nominat- Council shall give such notice of each election as ed and elected by the voters of the City at large and may be prescribed by ordinance. the Councilmen by the respective wards. I The appointive officers of the city shall consist Sec. 5. CANVASS OF VOTES.* On the of a Corporation Counsel, Fire Chief, City Engineer, Wednesday following the election, the City Council Chief of Police, Police Judge, Water Superintendent, shall convene and publicly canvass the results, and I Building Inspector, Street Commissioner, Health shall direct the issuance of certificates of election to Officer and the incumbents of such other offices as . each person elected by a plurality of votes. When may from time to time be created by ordinance. The two or more persons have received an equal and I Corporation Counsel, Fire Chief, City Engineer, highest number of votes for any one of the offices Chief of Police, Police Judge, Water Superintendent, voted for, the City Comptroller shall give notice to I C -1 1 S ec: 5 the several persons so having the highest and equal the city, or outside the city, shall render his office i number of votes to attend at the next or some subse- vacant. quent meeting of the Council to be held within two weeks thereafter, and the City Comptroller shall at Sec. 8. PRIMARY. ELECTIONS. All city elec- 1 the time fixed proceed publicly to decide by lot tions held for the purpose of electing officers shall which of the persons having an equal number of be non - partisan and shall be so designated on the votes shall be declared duly elected. In case the official ballot. No candidate shall run for a city Comptroller be an interested person, such duty shall office under the name or designation of any of the devolve upon the Mayor. If all of the persons hav- political parties. Nominations of candidates for city ing the highest and equal number of votes shall be offices shall be selected by the qualified electors at present at the meeting at which the Council shall a municipal primary election to be held twenty-one , canvass the result of the election, the matter may days preceding the regular municipal election. Any then and there be decided by lot as herein provided, person desiring to file as a candidate for any office without the necessity of notice. If the City Council at the primary election shall do so not more than ' from any cause fails to meet on the day named then thirty days and not less than fifteen days before the it shall be the duty of the Council to canvass the date of the primary election. All declarations of election returns at the next regular or special elec- candidacy for the primary election shall be filed tion meeting held by the said Council. with the City Comptroller by the candidate, and such person filing a declaration shall pay to the City See RCW 35.22.230 Comptroller to be turned in to the City Treasurer a filing fee of $5.00 for Councilman and $25.00 for Sec. 6. CONTESTED ELECTIONS. The City all other offices: The names of all candidates who Council as constituted at the time of the election, file for an office shall be placed on the official 1 shall hear and determine any and all contested elec- ballot for the primary election, which shall be con - tions of any and all city officers. The City Council ducted as nearly as may be in conformity with the shall have power by general ordinance to prescribe general primary election Iaws. The two candidates ' rules and regulations for the hearing of contested receiving the highest number of votes for the offices elections of city officers. of Mayor, City Treasurer, City Comptroller and Councilman shall be deemed nominated and their 1 Sec. 7. CITY TO BE DIVIDED INTO names alone shall be placed on the official ballot for WARDS. The City Council shall divide the city into the ensuing municipal election: Provided, however, six wards in all, and may change the boundaries of that if one candidate for any one of these offices such wards, but no changes will be made within shall receive a majority of all of the votes cast for three months prior to an election: Provided, that no all candidates for such office, the person so receiv- change in the boundaries of the wards shall affect ing a majority shall be deemed elected to the office 1 the term of office of any Councilman, but he shall in question, and his name alone for that office shall serve out his term in the ward in which his resi- be placed on the official ballot In the case of Coun- dence may be at the time of his election. The repre- cilman, where there are two Councilmen to be elect- 1 sentation of each ward in the City Council shall be ed for one ward, the four candidates for Councilmen as near as may be in proportion to population. No receiving the highest number of votes at the primary person shall be eligible to the office of Councilman election shall be deemed nominated for those offices unless he shall reside at the time of his election in and their names only shall be placed upon the offs- the ward for which he was elected, and the removal cial ballot of the ensuing municipal election. , Voters of a Councilman during his term of office from the for the primary election shall have the same qualifi- ward for which he was elected to another ward in cations as voters for the general city election. C -2 I I Sec. 9 I Sec. 9. OATH AND BOND OF OFFICER. whenever by it deemed expedient, to require a new Each officer of the city shall before entering upon . or additional official bond of any officer. the duties of his office take the oath of office, and such as may be required to give bonds file the same, Sec. 11. SALARIES. The following annual sala- 1 duly approved, within ten days after receiving notice ries shall be paid in monthly, installments, namely: of his election or appointment; or, if no notice be Mayor $1,200.00; Treasurer $3,000.00, Comptroller, received, then on . or before the date fixed for the $3,000.00. All appointive officers shall receive such. 1 assumption by him of the duties of the office to salary as may be fixed by the Council by ordinance. which he may have been elected or appointed; but, Provided, that at intervals of not less than two years, if anyone, either elected or appointed to office fails the salaries of these officers may be increased by I for, ten days to qualify as required by law, or to ordinance, proportionate with the increase in the city enter upon his duties at the time fixed by law or the in population, to be ascertained by the Council, but orders of the City Council, then such office shall no officer shall receive the benefit of any increase I become .vacant,. or if such officer shall absent him- in salary of his office during the period of his in- self from such city without the consent of the Coun- cumbency. The members of the City Council shall cil for three consecutive weeks or shall openly ne- receive such salaries as may be fixed by the City I glect or refuse to discharge his duties, the said Council by ordinance not exceeding $300.00 per Council may declare such office vacant: Provided, year, provided, that deduction of Five ($5.00) Dol- that the penalty for absence from the city shall not lars for each absence shall be made from the salary I apply to such officers as serve without salary or of each member of the City Council who shall be without compensation. The City Council shall fix absent from any regular meeting of the&iity Coun- the amount of all *official bonds, and may designate cil. The salary or compensation of no officer of such I what officers shall be required to give bonds in city shall be increased or diminished during his term . addition to those required to give bonds by this of office, nor shall any such officer be allowed an Charter. extra or additional compensation, either directly or ' . indirectly for the rendition of services that the City Sec. 10. OFFICIAL BONDS. The Comptroller, Council has the power to require such officer to Treasurer, Corporation Counsel, Chief of Police, perform by virtue of his office. The salaries of all I Police Judge, Street Commissioner, City Engineer city officers shall be payable monthly. and Building Inspector, respectively, before entering upon the duties of their resPective offices shall Sec. 12. OFFICERS SHALL NOT BE INTER- I execute a bond to the City in such penal sum as the ESTED IN CONTRACT. No officer of the city City Council by ordinance may determine, condi shall be, directly or indirectly, interested in any tioned for the faithful performance of their duties, contract with the city or for any institution, board, I including in the same bond the duties of all offices officer, agent or employee thereof, for the use of the of which he is made by this Charter ex- officio in- city, or become surety for the performance of any cumbent. All official bonds shall be approved by the such contract. The violation of any 'of the provisions I City Council, and when so approved, shall be filed of this section shall work a forfeiture of the office with the Comptroller, except the bond of the Comp- of the officer violating the same and shall warrant troller which shall be filed with the Mayor.. All his removal from office by impeachment or other I provisions of any law of this state relating to official proper procedure. bonds of officers shall apply to such bonds, except as herein otherwise provided. No City officer shall Sec. 13. MAYOR, POWERS AND DUTIES. I be eligible as a surety upon any bond running to the All appointive officers enumerated in this Charter City as obligee. The City Council shall have power, whose appointments are not otherwise provided for C -3 1 1 1 Sec. 13 herein shall be appointed by the Mayor and the the City Council and to keep a journal of their pro - appointments confirmed by the Council. He shall be ceedings and records of all their resolutions and the chief executive officer of the City. He shall have ordinances; to sign all warrants and licenses issued general supervision over the several departments of in pursuance of the orders and ordinances of the the city government and over all its interests; shall City Council and to affix the corporate seal on such preside over the City Council, when present; he licenses; to sign all deeds, leases, contracts, bonds . shall sign all ordinances passed by the City Council, and other documents when authorized by the Coun- if he approves of them; if he does not approve of cil; to act as general city auditor to all departments them, he shall within eight days after their submis- and officers, and to keep a check upon all budget sion to him return the same to the City expenditures, of all orders drawn upon the City Comptroller's office with his objections in writing, Treasurer and of all warrants issued in pursuance and at the first meeting of the City Council thereaf- thereof; also to keep an account of all licenses is- ter the same shall be entered upon their journal and sued and to perform such other duties as may be they shall then reconsider such ordinance and unless required by the provisions of this Charter, or by two thirds of the Councilmen elected vote for its ordinance. passage, it shall not become a law. If the Mayor . shall not so return any ordinance within eight days, Sec. 16. CORPORATION COUNSEL. The it shall become a law as if he signed it. He may call Corporation Counsel shall be legal advisor of the special meetings of the City Council at any time; he city and of all of its officers. He shall represent the shall do so at the written request of four councilmen city as its counsel and attorney in all litigations and by notifying each member personally, or by written in all courts. He shall do and perform the legal work notice left at his last and usual place of abode, or for the city and all of its departments and officers. his place of business during business hours, stating He shall perform such other duties . as the Council the purpose of such meeting. He shall countersign may from time to time prescribe by ordinance. all warrants and licenses, deeds, leases and contracts requiring his signature, and issued under and by Sec. 17. FIRE CHIEF. The Fire Chief shall be authority of the city. head of the Fire Department and as such shall have the custody and control of all of the fire stations and Sec. 14. DUTY OF TREASURER.. It shall be fire fighting apparatuses, and all firemen and em- the duty of the City Treasurer to receive and safely ployees of the Fire Department shall be under his keep . all moneys belonging to the city from direction and control; shall make reports to the whatever source derived, including water collec- Mayor and City Council at intervals with tions; to place the same to the credit of the different recommendations. He shall see that theaters and funds to which they properly belong in a book kept other buildings used for public assembly are safe - for that purpose; to disburse said money by direc- guarded against fire so as to prevent loss of life and 1 tion of the City Council and in accordance with the perform such other duties as may be prescribed by provisions made by them under the provisions of ordinance. this Charter, and to make a report monthly to the 1 City Council of the condition of the treasury. Sec. 18. CHIEF OF POLICE. The Chief of Police shall be the head of the Police Department Sec. 15. DUTY OF CITY COMPTROLLER. and shall be charged with the duty of enforcing the It shall be the duty of the City Comptroller to keep law. All of the police officers and employees of the the corporate seal and all papers and . documents Police Department shall be appointed by him and be belonging to the City; to file them in the office subject to his - direction and control. under appropriate heads; to attend the meetings of C -4 1 1 1 Sec. 19 Sec. 19. WATER SUPERINTENDENT. The for the efficient and orderly conduct of the business Water Superintendent shall be the head of the Water and affairs of the city and to each office and depart - Department and shall have supervision over the ment thereof. Where no salary or compensation is I entire water system of the city. All employees of provided by this Charter for any officer or depart - that Department shall be under his direction and meat, the City Council shall have power to fix such control. salary or compensation and to provide the same. 1 Sec. 20. BUILDING INSPECTOR. The Build- Sec. 25. The Park Board heretofore established ing Inspector shall be charged with the duties of by the City is to be continued in force and carried enforcing the building ordinances of the City and over into this Charter forming an integral part of the I shall have control of the issuing of building permits city government. The board of Park Commissioners and be charged with the duty of inspecting buildings shall be three in number appointed by the Mayor I under construction and repair including plumbing, with the consent of the City Council, and shall serve electric wiring, and structural work. AlI inspection without compensation. The Board of Park Commis- of buildings under construction or repair required by sioners shall have control and supervision of all • ordinance shall be under his jurisdiction and control.. parks belonging to the city, and shall have power to I prescribe rules and regulations for the government Sec. 21. STREET COMMISSIONER. The and management thereof, which rules and Street Comrnissioner shall be responsible for the regulations shall be enforced by the Police Depart- 1 proper care and cleanliness of the streets, alleys, ment of the city. s,,. public highways of the City and shall be , the head it: a of the street department of the city, and shall super- Sec. 26. The Aberdeen Free Public: Library as ' vise its activities, and have direction of alI employ- organized and constituted shall continue as an inte- ees in that Department. gral part of the city government and is hereby adopted into this Charter. The management and 1 Sec. 22. CITY ENGINEER The City Engineer , controI of the Library shall be vested in a board of shall be the head of the Engineering Department of five trustees to be appointed by the Mayor by and the city, shall have charge of the engineering work with the consent of the Council to serve . without I and the preparation of plans, specifications, im- compensation. provements of streets, roads and highways within the city. Sec. 27. DEPUTIES, APPOINTMENT OF. The I . Treasurer, Corporation Counsel, and City Sec. 2 HEALTH OFFICER. T he proper en- Comptroller may each, with the approval of the City forcement of the health and sanitation laws, of both Council only, appoint such deputies as may be- I state and city, shall be in charge of the City Health necessary. Each deputy so appointed shall receive Officer whose duty it shall be to see to their for his services compensation to be fixed by the enforcement. City Council. The principals shall each be responsi- ' ble for his acts, and may revoke the appointments Sec. 24. The City Council may by ordinance • at pleasure. prescribe and define the duties, powers and respon- ' sibilities of any and all departments and officers of Sec. 28. POLICE FORCE. The police force of the city. The City Council shall have the power and such city in addition to the Chief of Police shall authority and it shall be its duty to provide the . consist of such number of policemen as shall from U different city officers and departments with such time to time be fixed and determined by the City help and assistance as may be necessary or proper 1 C -5 1 1 Sec. 28 I Council. All police officers shall be appointed by the City Comptroller under their direction. At any 1 the Chief of Police. time, at the request of any two members, the ayes , and noes on any question may be taken and entered Sec. 29. CITY COUNCIL —HOW CONSTI- upon the journal. The President of the Council while 1 TUTED. The Mayor and Councilmen of the several _ presiding, or the President Pro Tem, when a Coun- wards shall constitute the city council and at the cilman, shall have the right to vote upon all ques- first meeting in January next after the election, the tions coming before the Council. The President Pro 1 City Council shall elect one of their own body to Tem may be elected by the Council from their own serve as president of the council. The Mayor shall body, or any other elector of such city may be elect - preside at all meetings of the council when present, ed President Pro Tem. When an elector who is not I and in his absence the President of the Council shall a councilman shall be elected President Pro Tern, he preside and perform the duties devolving upon the shall not have the right to vote upon any question. Mayor. In the absence of both the Mayor and the President of the Council, the Council may elect a Sec. 32. ORDINANCES— ENACTING I President Pro Tem, who shall act during such ab- CLAUSE. The style of the city ordinances shall be sence. as follows: 'Be it ordained by the Mayor and City Council of the City of Aberdeen ", and all ordinanc- Sec. 30. PRESIDENT OF THE COUNCIL. The es shall be published in one issue of the official President of the Council shall preside at all meetings paper of the city. of the Council when the Mayor is not present; whenever there is a vacancy in the office of the Sec. 33.ORDINANCES -- APPROVAL —EVI= Mayor, or he is absent from the city, or unable from DENCE. Ordinances shall be passed by the City any cause to discharge the duties of his office, the Council and approved by the Mayor or the President I President shall act as Mayor and exercise all his of the Council while acting in his stead. But before authorities and be subject to all his duties. The any ordinance shall take effect it shall be published President Pro Tem of the Council shall have all the in the official newspaper of the city. A certified powers of the President of the council during the copy of any ordinance certified to by the City session of the council at which the Mayor Pro Tem Comptroller, or a printed copy of any ordinance or is presiding. compilation printed by authority by the City Council I and attested by the City Comptroller shall be com- Sec. 31. QUORUM —RULES JOURNAL. A petent evidence in any court. majority of the Councilmen elect shall constitute a quorum for the transaction of business. A less num- Sec. 34. ORDERS ENTERED ON JOURNAL. ber may adjourn from time to time and may compel All orders of the City Council shall be entered upon the attendance of absent members. The Council may the journal of their proceedings, which journal shall I punish their members for disorderly conduct, and be signed by the officer who may preside at such upon written charges to be entered upon their jour- meeting. nal for such conduct, after trial, may expel a mem- ' ber by a vote of two - thirds of all members elected. Sec. 35. AYES AND NOES WHEN EN- The Mayor shall have a vote only in case of a tie in TERED. Upon the passage of all ordinances appro- the votes of the other members. The Council shall priating money, imposing taxes, abolishing licenses, 1 determine their rules of procedure. The sittings of increasing or lessening the amount to be paid for the Council shall be open to the public, except licenses, the ayes and noes shall be entered upon the where the interests of the city shall require secrecy. journal. 1 A journal of all their proceedings shall be kept by C -6 1 1 1 Sec. 36 Sec. 36. MAJORITY NECESSARY IN CER- all other vehicles used for hire, and to regulate their TAIN CASES. A majority of all the members elect- stands, and to fix the taxes to be charged for the ed shall be necessary to pass any ordinance appro- transportation of persons, baggage and property. I priating for any purpose the sum of Five Hundred 7. Hotel Runners: To license or suppress runners Dollars or upward, or any ordinance imposing any for steamboats, taverns or hotels. assessment, tax or license, or in any wise increasing 8. License Generally: To fix and collect a li- I or diminishing the city revenue. cense tax for the purposes of revenue and regula- tion, upon all occupations and trades, and all and Sec 37. POWERS OF COUNCIL ENUMER- every kind of business authorized by law not hereto- ATED. The city council of the city shall have pow- fore specified: Provided, that on any business trade er and authority: or calling not provided by law to be licensed for 1. Ordinances: To make and pass all ordinances, state and county purposes the amount of licenses I orders and resolutions not repugnant to the Constitu - shall be fixed at the discretion of the City Council, tion of the United States or the state of Washington, as they may deem the interest and good order of the or the provisions of this Charter, necessary for the city may require. municipal government and management of the af- 9. Riots: To prevent and restrain any riot or I fairs of the city, for the execution of the powers riotous assemblages, disturbance of any peace or vested in said body corporate, and for the carrying disorderly conduct in any place, house or street in into effect of the Provisions of this Charter. the city. I 2. License of Shows: To fix and collect a li- 10. Nuisances: To declare what shallthe deemed cense tax, for the purpose of revenue and regula- nuisances; to prevent, remove and abate nuisances . tions, on theaters, melodeons, balls, concert, dances, at the expense of the parties creating;.: causing or ' . . theatrical, circus and other performances, and all committing or maintaining the same, and to levy a ! performances where an admission fee is charged; special assessment on the land or premises whereon also, all shows, billiard tables, pool tables, bowling the nuisance is situated to defray . the cost or to 1 alleys, exhibition or amusements. reimburse the city for the cost of abating the same. 3. Hotel, etc., Licenses: To fix and collect a tax 11. Stock Pound: To establish, maintain and forr the purposes of revenue and regulation on and regulate a common pound for astrays, and to appoint I to regulate all taverns, hotels, restaurants, banks, a pound - keeper, who shall be paid out of the fines brokers, manufactories, livery stables, garages, ex- and fees imposed, and collected of the owners of press companies and persons engaged in transmitting any animals impounded, and from no other source; I Ietters or packages, railroad, state and steamboat to prevent and regulate the running at large of any companies or owners, whose principal place of and all domestic animals within the city limits or business is in the city, or who shall have an agency any part thereof, and to regulate or prevent the I therein. .. keeping of such animals within any part of the city; 4. Auctioneers' Licenses: To license and regu- to appropriate the necessary funds for and provide late auctioneers for the purpose of revenue and for humane work within the boundaries of the city. I regulation. 12. Control of Certain Trades: To control and. 5. Dance Houses: To prohibit or suppress, or to regulate slaughter houses, wash houses, laundries, license and regulate all dance houses, fandango tanneries, forges, and offensive trades, and to pro- ' houses, or any exhibition or show of any animal or vide for their exclusion or removal from the city animals. limits or from any part thereof. 6. License Vehicles: To license for the purpose 13. Street Cleaning: To provide by regulation, for 1 .. of revenue and regulation, and to tax hackney the prevention and summary removal of all filth and coaches, cabs, omnibuses, drays, market trucks and 1 1 C -7 1 1 Sec 37 1 garbage in streets, sloughs, alleys, back yards or and to create, organize, establish and maintain a public grounds of the city, or elsewhere therein. paid Fire Department for the city. 1 14. City Jail: To establish, alter and repair city 23. Water Supply: To adopt, enter into and carry prisons and to provide for the regulation of same, out means for securing a supply of water for the use I and for the safekeeping of persons committed there- of the city or its inhabitants, or for irrigating purpos- to; to provide for the cares feeding and clothing of es therein. the city prisoners; to provide for the formation of a 24. Overflow of water: To prevent the overflow chain -gang for persons convicted of crimes or mis- of the city or to secure its drainage, and to assess demeanors, and their proper employment and corn- the cost thereof to the property benefited. pulsory working for the benefit of the city; and also 25. House Numbers: To provide for the number - to provide for the arrest and compulsory working of ing of houses. vagrants: Provided, that no prisoners shall be re- 26. Health Board: To establish a Board of Health; quired to perform any labor until he shall have been to prevent the introduction and spread of disease; to 1 duly convicted of some offense punishable by im- establish a city infirmary and to provide for the prisonment and duly sentenced thereto. indigent sick, and to provide and enforce regulations 15. Gambling, etc.: To prohibit and suppress all for the protection of health, cleanliness, peace and gambling and all gambling for disorderly houses, good order of the city; to establish and maintain and houses of ill fame, and all immoral and indecent hospitals within or without the city limits, to control amusements, exhibitions and shows. and regulate interments and to prohibit them within 16. Markets: To establish and regulate markets the city limits. 1 and market places. 27. Harbor and Wharves: to build, alter, improve, 17. Speed of Railroad Cars: To fix and regulate keep in repair and control the waterfront; to erect, speed at which any railroad cars, street cars, auto- regulate and repair wharves, and to fix the rate of mobile and other vehicles may run within the city wharfage and transit wharf, and levy dues upon ves- limits, or any portion thereof. sels and commodities; and to provide for the regula- 18. City Commons: To provide for and regulate tion of berths, landing, stationing and removing of I the commons of the city. steamboats, sail vessels, rafts, barges and all other 19. Fast Driving: To regulate or prohibit fast water craft; to fix the rate of speed at which driving or riding in any portion of the city. steamboats and other steam water craft may run 20. Combustibles: To regulate or prohibit the along the waterfront of the city, to build bridges so loading and storage of gunpowder and combustible as not to interfere with navigation, to provide for the or explosive materials in the city, or transporting the removal of obstructions to the navigation of any I same through its streets or over its waters. channel or watercourses or channels. 21. Property: To have, purchase, hold, use and 28. License of Steamers: To license steamers, enjoy property of every name or kind whatsoever, boats and vessels used in any watercourse in the I and the same to sell, leases transfer, mortgage, con- city, and to fix and collect a license tax thereon. vey, control or improve; to build, erect, or construct 29. Ferry Licenses: To license ferries and toll houses, building or structures of any kind needful bridges under the law regulating the granting of 1 for the use or purposes of the city. such licenses. 22. Fire Department: To establish, continue, 30. Penalty for. Violation of Ordinances: To deter - regulate, and maintain a Fire Department for the mine and impose fines for forfeitures and penalties 1 City, to change or organize the same, and to disband that shall be incurred for the breach or violation of any company or companies of the said Department; any city ordinance, notwithstanding that the act also to discontinue and disband said fire department constituting a violation of any such ordinance may I also be punishable under the state laws, and also a 1 1 1 Sec. 37 I violation of the provisions of the charter, when no provisions —See RCW Chapter 35.68. penalty is affixed thereto or provided by law, and to appropriate all such fines, penalties and 36. Waterways: ** To clear, cleanse, alter, . I forfeitures for the benefit of the city; but no penalty straighten, widen, fill up or close any waterway, to be enforced shall exceed for any offense the drain or sewer or any watercourse in such city when amount of Five Hundred Dollars or three months' not declared by law to be navigated and to assess imprisonment or both; and every violation of any the expense thereof, in whole or part, to the property I lawful order, regulation or ordinance of the City specially benefited. Council of the city is hereby declared a misdemean- or or public offense, and all prosecutions for the ** Statutory provisions—See RCW Chapter 35.56. 1 same may be in the name of the State of Washing- 37. Sewerage: * ** To adopt, provide for, establish ton. and maintain a general system of sewerage, drain - 31. Police Department: To create and establish a ing, or both, and the regulation thereof; to provide city police; to prescribe-their duties and their com- funds by local assessments on the property benefited pensation and to provide for the regulation and for the purpose aforesaid and to determine the man- I government of the same. Her, terms and place of connections with main or 32. Elections: To provide for conducting elections central lines of pipes, sewers, or drains established, and establishing election precincts when necessary, and compel compliance with and conformity to such I to be as near as may be in conformity with the state general system of sewerage or drainage, or both, and law. the regulations of said council thereto relating, by 33. Examine Official Accounts: To examine, the infliction of suitable penalties and forfeitures either in open session or by committee, the accounts against persons and properly, or either, for noncon- or doings of all officers or other persons having the forrnity to, or failure to comply with the provisions care, management or disposition of moneys, proper- of such system and regulations, or either. ty or business of the city. . 1 34. Contracts: To make all appropriations, con- * ** Statutory provisions —See RCW Chapter 35.67. tracts or agreements for the use or benefit of the city and in the city's name. 38. Buildings and Parks: To provide for all public 1 35. Streets and Sidewalks:* To provide by ordi- buildings, public parks, or squares, necessary or Hance for the opening, laying out, altering, con- proper for the use of the city. structing, extending, repairing grading paving, 39. Franchises: To permit the use of the streets 1 . planking, graveling, macadamizing, or otherwise for railroad and other public service purposes. improving of public streets, avenues, and other .40. Payment of Judgment: To order paid any public ways, or any portion of either thereof; and final judgment against the city, but none of its Iands I for the construction, regulation and repair of side- or property of any kind or nature, taxes, revenue, walks and other street improvements, all at the franchise, or rights, or interest, shall be attached, expense of , the property to be benefited thereby levied upon or sold in or under any process whatso- 1 without any recourse, in any event, upon the city for ever. any portion of the expense of such work, or any 41. Weighing of Fuel: To regulate the sale of delinquency of the property holders or owners, and coal and wood in the city, and may appoint a Mea- 1 to provide for the forced sale thereof for such pur- surer of Wood and Weigher of Coal for the city, poses; to establish a uniform grade for streets, eve- . and define his duties, and may prescribe his term of nues, sidewalks and squares, and to enforce the office, and the fees he shall receive for his services; I observance thereof. Provided, that such fees shall in all cases be paid by the parties requiring such service. ;' C -9 1 Sec. 37 1 • 42. Hospitals, etc.: To erect and establish hospi- made, at the expense, in whole or in part, of the 1 tats and pest houses and to control and regulate the adjoining, contiguous or proximate property, and to same. provide for the manner of making and collecting 43. Waterworks: To provide for the erection, assessments therefor. purchase or otherwise acquiring of waterworks within or without the corporate limits of the city to ` Statutory provisions —See RCW Chapters 35.43, 35.44, 35.45, supply the city and its inhabitants with water, and 35.48, 35.44, 35.50 and 35.53, 35.54, 5.55 and 35.56 . 1 to regulate and control the use and price of the 50. Cemeteries: To regulate the burial of the dead water so supplied. and to establish and regulate cemeteries, within or 44. City Lights: To provide for lighting the without the corporate limits, and to acquire lands streets and all public places of the city and for fur- therefor by purchase or otherwise. Wishing the inhabitants of the city with gas, electric 51. Fire Limits: To establish fire limits with or other light, and for the ownership, purchase or proper regulations and to make all needful regula- acquisition, construction, or maintenance of such Lions for the erection and maintenance of buildings works as may be necessary or convenient therefor: or other structures within the corporate limits as Provided, however, that no purchase of any such safety of persons or property may require, and to water plant or light plant shall be made without first cause all such buildings and places as may from any submitting the question of such purchase to the elec- cause be in a dangerous state to be put in a safe tors of the city. condition; to regulate the manner in which stone, 1 45. Parks: To acquire by purchase, or otherwise, brick and other buildings, party walls and partition ■ Iand for public parks within or without the limits of fences shall be constructed and maintained, and to the city, and to improve the same. provide for the establishment of a zoning system 46. Bridges: To construct and keep in repair within the city. bridges, and to regulate the use thereof. 52. Safety and Sanitary Measures: To require the 47. Power of Eminent Domain: In the name of owners of public halls, theaters, hotels and other and for the use and benefit of the city, to exercise buildings to provide suitable means of exit and 1 the right of eminent domain, and to condemn Iands proper fire escapes; to provide for the cleaning and and property for the purpose of streets, alleys, parks, purification of watercourses and canals and for the public grounds, waterworks or for any other munici- draining and filling up of ponds on private property pal purpose and to acquire by purchase or otherwise, within its limits when the same shall be offensive such lands and property as may be deemed neces- to the senses or dangerous to the health, and to sary for any of the corporate uses provided for by charge the expense thereof to the property especially this act, as the interests of the city may from time benefitted, and to regulate and control and provide to time require. for the prevention and punishment of the defilement 48. To provide for the Assessment of Taxes: To or pollution of all streams Winning in or through its provide for the assessment, levying and collecting corporate limits and a distance of five miles beyond of taxes on real and personal property for the corpo- its corporate limits, and of any stream or lake from rate uses and purposes of the City and to provide for which the water supply of the city is or may be , the payment of the debts and expenses of the corpo- taken and for a distance of five miles beyond its ration. source of supply, and to make all quarantine and 49. Local Improvements:* To provide for making other regulations as may be necessary for the preser- IocaI improvements, and to levy and collect special vation of the public health and to remove all per- assessments on the property benefited thereby and sons afflicted with any contagious disease to some for paying the same or any portion thereof; to deter- suitable place to be provided for that purpose. 1 mine what work shall be done or improvements C -10 1 1 1 1 Sec. 37 53. To establish Streets on Tide Lands: To pro- Sec. 39. EXCLUSIVE FRANCHISE TO BE ject or extend or establish streets over and across GRANTED. No exclusive franchise or privilege any tide lands within the limits of the city. shall be granted for the use of any street, alley or 54. To provide for the General Welfare. highway, or any other public place or any part I 55. Airports and Aviation Fields: To acquire, thereof. hold, maintain and operate air ports and aviation fields. Sec. 40. NO INVALID CLAIMS TO BE AL- 56. Group Insurance: The Council may provide LOWED. The City Council of the city shall never for group insurance covering the employees of the allow, make valid or in any manner recognize any I city on such terms and conditions and in such demand against the city which was not at the time amount as may be prescribed by ordinance. of its creation a valid claim against the same, nor shall it authorize to be paid any demand which Sec. 38. FRANCHISES. No ordinance granting . without such action would be invalid, or which shall I a franchise or any valuable privilege in the city shall then be barred by any statute of limitation or for be passed on the day of its introduction, nor for which the city was never liable, and any such action thirty days thereafter, nor until such ordinance shall shall be void. I have been published in at least one issue of the official newspaper of the city and after such publica- Sec. 41. CLAIMS FOR DAMAGES. All claims tion such proposed ordinance shall not thereafter and for damages against the city must be filed with the I before its passage be amended in any particular City Comptroller within thirty days after the time where the amendment shall impose terms, conditions when such claim for damages accrued: No action or privileges less favorable to the city than the pro- shall be maintained against the city for any claim posed ordinance as published, but amendments for damages until sixty days have elapsed after such favorable to the city may be made at any time and presentation. The allowance of any and all damage after publication. Such publication shall be at the claims against the city shall be by ordinance and not 1 expense of the applicant: Provided, that an ordi- otherwise. nance granting a franchise to lay a spur, railroad track or tracks, connecting manufacturing plants, Sec. 42. EIGHT HOURS TO CONSTITUTE I • warehouses or other private property with the main A DAY'S WORK. In all public work done by or line of railroad, need not be published before the for the city, either by day's work or by contract, same be passed by the Council. No franchise or eight hours shall constitute a day's work, and no I valuable privilege shall be created or granted by the employee of the city on city work, or of any con - City Council otherwise than by ordinance, and the tractor or subcontractor on said work shall be re- passage of any such ordinance shall. require the quired to work longer than eight hours in any calen ' affirmative vote of two - thirds of the Councilmen dar day, excepting in case of extraordinary emergen- elected. All publications of ordinances .granting a cy. franchise, both before and after passage, shall be 1 made at the expense of the applicant or grantee. Sec. 43. MINIMUM WAGE. Every contractor, Where an ordinance granting a franchise or valuable subcontractor or city officer performing any work privilege is sought to be amended after the same for the city upon streets, public places or public I shall have been in force, the provisions of this sec- property, shall pay or cause to be paid to his em- tion as to publication before final action "upon such ployees on such work not less than the current rate amendment shall apply as in cases of. proposed of wages paid for work of like character; said con- I ordinances granting original franchises. tractor and subcontractor shall on such work give preference to resident laborers, honorably discharged C -11 1 Sec. 43 1 war veterans and citizens of the United States who bidder, after due notice under such regulations as 1 are heads of families. This article shall be enforced may be prescribed by ordinance: Provided, that the by the City Council, and the violation of any of the City Council may reject all bids presented and re- provisions of this section by any contractor or sub- advertise in their discretion, or, if in the judgment I contractor shall be sufficient ground for forfeiture of the council, such work can be performed, or of his contract. supplies or materials furnished by the city indepen- dent of contract, cheaper than under the lowest bid Sec. 44. PUBLIC WORKS. No work shall be submitted, it may,, after having so advertised and done by the city or any departments, officers or examined the bids, cause such work to be performed employees thereof on any legal holiday or Sabbath or supplies or materials to be furnished independent I day by way of construction or extension of any of contract. The City Council shall annually, at a public work, nor shall any work be done on any stated time, contract for doing all city printing and such day, or between seven o'clock p.m., of any day advertising, which contract shall be Iet to the lowest or six o'clock a.m., of the following day, by any bidder, after due notice, as provided in this section. corporation, or other persons, by way of All advertising shall be done in a newspaper in such construction, extension or removal of any structure city, and the contract therefor shall be awarded upon, over, under or along any street, alley or public separately from all other printing: Provided, the place within the city or under the control of the city, requirements of this section as to calling for bids except in case of emergency. shall not apply to any labor by crew work of any ii department of the city or for materials for any de- Sec. 45. CIVIL SERVICE. It shall be mandatory partment in case of actual emergencies. (Amended upon the City Council as soon as practicable after in the General Election of Nov. 4, 1969). the adoption of this Charter to adopt and put into force in the city, a system of civil service covering Sec. 47. VACANCIES. When a vacancy occurs, whatever department of the city government which in the office of the Mayor by reason of the death, the council wishes to designate; Provided, that no resignation or disability of the Mayor, the City employee can be brought under the civil service sys- Council shall elect a Mayor to fill the vacancy, who tem or have recourse to the civil service system shall serve until the next general municipal election. unless and until he be employed by the city for at In case of a vacancy in the City Council, the re- least two years. maining members of such City Council shall by election fill the vacancy. In case a vacancy shall Sec. 46. PUBLIC WORKS --HOW CON- occur in any other elective office, such vacancy TRACTED FOR. In the erection, improvement and shall be filled by appointment made by the Mayor repair of all public buildings and works, in all street and confirmed by the Council in the same mariner and sewer work and in all extensions of the water as other appointments are made, except as to those III mains and improvements of the water system, light- elective officers which are herein otherwise provided ing plant, or power plant, and in all work in or for. about streams, bays or waterfronts, or in or about embankments or other works for protection against Sec. 48. EMINENT DOMAIN: The right of overflow and in draining and filling lowlands, and eminent domain is hereby extended to the city for in furnishing any supplies and materials for the the condemnation of lands and other property, either 1 same, when the expenditure required for the same within or without the corporate limits of the city, for exceeds in the sum of Two Thousand Five Hundred any and all corporate purposes and every such city' ($2,500.00) Dollars, the same shall be done by shall have the right to appropriate real estate or contract and shall be let to the lowest responsible other property, either within or without the corporate C -12 1 1 1 Sec. 48 Iimits of the city, and for any and all municipal for the payment of interest on, and for the creation purposes, in the same manner and under the same of sinking funds for all outstanding bonded indebt- procedure as now is or may hereafter be provided edness, and in addition thereto, the city shall have I by law in cases of other corporations authorized by the power to levy and collect annual taxes for the the laws of the State of Washington to exercise the payment of current expenses not exceeding eighteen right of eminent domain; Provided, that this section mills on the dollar of assessed valuation. In addition I shall be construed as a concurrent and cumulative to the levy above provided for the city may levy power, conferred on the city and shall not be con- annually such necessary amount as provided by Iaw, strued as in anywise repealing or affecting any law for Library purposes, one mill for Park purposes and I now in force conferring the power of eminent do- one -half mill for Publicity purposes to advertise and main and the right to appropriate property in the exploit the advantages of the city and to promote its city. growth in population and new industries. The usage • and system now in force of having a "Current Ex- 1 Sec. 49. POWER AND WATER. The city shall pense Fund" in the administration of the financial have power to construct, condemn and purchase, affairs of the city is preserved and continued in purchase, acquire, add to, maintain, conduct and force and carried forward into this Charter and the I operate waterworks within or without its limits, for system is hereby established under this Charter; the purpose of furnishing the city, and the inhabit- accordingly there shall be maintained a fund desig- ants thereof, and any other persons, with an ample nated as the "Current Expense Fund ". All moneys 1 supply of water for all uses and purposes, public collected from taxes and licenses shallrbe..paid into and private, including water power and other power the "Current Expense Fund ". Warrants drawn on the - derived therefrom, with full power to control the "Current Expense Fund" shall continue to be issued i use, disposition and price thereof; to construct, and paid in numerical order as heretofore. condemn and purchase, purchase, 'acquire, add to, maintain and operate works, plants and facilities for Sec. 51. MEETINGS OF THE COUNCIL. The 1 the purpose of furnishing the city and the inhabit- City Council of the city shall hold regular meetings, ants thereof, or any other person, with electricity the time and place of meeting to be prescribed by and other means of power and facilities for lighting, ordinance, which regular meetings of the Council 1 heating, fuel and power purposes, public and pri- shall not be oftener than once a week nor less fre- vate, with full authority to regulate and control the quent than every two weeks, but nothing herein con - use, distribution and price thereof, together with the tained shall prevent the City Council from holding I right to handle and sell or lease any meters, lamps, special meetings at any time. No ordinance shall be motors, transformers and equipment or accessories valid unless the same be passed at a regular meeting of any and every kind necessary and convenient for of the Council. No claims shall be allowed against I the use, distribution and sale thereof; to purchase, the City by the Council, nor shall the City Council such electricity or power from others, either within order any warrant drawn except at regular meetings or without the city, for its own use or for the pur- of the Council. No resolution or order for the pay- I pose of selling to its inhabitants and to others doing ment of money shall be passed at any time other business within the city or without the city, and to than at a regular meeting of the Council. regulate and control the use and price thereof. I Sec. 52. ' POLICE COURT ESTABLISH- Sec. 50: TAX LEVIES. The city shall have MENTS. A Police Court is hereby established, with power through its Council to levy and collect annu- such jurisdiction as is now or may hereafter be I ally a property tax for the payment of outstanding provided by law, and which court shall always be warrants and also for the purpose of providing funds open for business except on non judicial days. 1 C -13 1 1 Sec. 53 1 f . Sec. 53. MAY FILL LOWLANDS—SPECIAL sary constitutional majority of the voters voted in 1 ASSESSMENT.* The City of Aberdeen, by the favor of the adoption and ratification of this Charter, adoption of this Charter by its advancement from a notwithstanding the going into effect of this Charter second class to a first class city shall retain the as aforesaid, all elective officers of the city shall power and authority conferred on second class cities continue to hold office and to perform the functions to fill or raise grade or elevation of any marsh land, and duties of their respective offices until their swamp land, tide land, shore land and land com- successors are elected and qualified under this Char-1 monly known as tide flats or any other low lands ter. All other officers of the city shall continue in situated within . its limits and to advance the costs office and function as such during the interim. and expenses incidental to such improvement all as 1 provided in Sections 9432 to 9470, inclusive, of Sec. 55. PLANNING COMMITTEE. ** The Remington's Compiled Statutes of Washington, Mayor, with the consent of the Council, shall ap- 1922 and Acts amendatory thereof, and the city point at intervals of every two years, a standing shall have full power and authority to fill such low committee of seven progressive active and represen- lands and to assess the cost and expense thereof to tative citizens interested in the city's future, whose the property benefited, all as provided in such Stat- - term of office shall be two years and who shall 1 utes and all of the ordinances of the City of Aber- serve without compensation. It shall be the duty of deen relating to that subject shall be continued in this committee to make a study and formulate plans full force and effect until repealed or modified by and ideas and recommend legislation for the growth 1 action of the Mayor and City Council, notwithstand- and development of the city and for the general ing the adoption of this Charter, and the said stat- welfare and from time to time to make reports and utes Secs. 9432 to 9470, Remington's Compiled recommendations to the Mayor and the Council. Statutes of Washington, 1922, being Chapter No. 1 147 Session Laws of Washington, for the year 1909 ** Statutory provisions -See RCW Chapter 35.63. and Acts Amendatory thereof shall have the same force and effect as in such statutes where incorporat- Sec. 56. INITIATIVE. The people shall always ed in and formed part of this Charter. have the right to initiate any measure or ordinance upon a petition of 25% of the qualified registered * Statutory provisions —RCW Chapter 35.55. voters of the city, voting at the Iast preceding gener- 1 al municipal election. Any such ordinance or mea- Sec. 54. In order that no inconvenience may arise sure may be initiated by filing such ordinance or by reason of a change of the form of a city govern- measure with the City Comptroller, together with ment, as city of the second class to a city of the first such petition of 25% of the qualified registered class, it is hereby declared and ordained that no voters as aforesaid, not less than 60 days before the . existing right, proceeding or contract shall be affect- general municipal election, whereupon the City 1 ed by the change and that all shall continue as if no Comptroller shall check the signers to the petition such change had taken place. All ordinances of the and if such petition is found to contain the requisite city now in force which are not repugnant to this number of signatures of qualified registered voters 1 Charter shall remain in force until they expire by of the city, the measure or ordinance so initiated their own limitation or are altered or repealed by the must be placed on the ballot for the people to ap- Council. The provisions of this Charter shall be in prove or reject at the next general municipal elec- I force as soon as the returns of the election at which tion. this Charter is submitted to a vote of the people are canvassed and the results determined and certified Sec. 57. CHARTER AMENDMENTS. Upon a 1 by the proper officers. If it be found that the neces- vote of nine Councilmen, or upon a petition of 15% C -14 1 111 1 Sec. 57 of the qualified registered voters of -the city, voting that the foregoing charter has been prepared by us at the last preceding general municipal election, any and is hereby submitted as a charter for said city. amendment to this Charter shall be submitted to the people for their rejection or approval at the next IN WITNESS WHEREOF, We have hereunto set following general municipal election, and when our hands this 1 lth day of October, 1929. approved by a majority of the voters voting upon such proposition, such amendment shall become a E.E. BONER, part of the Charter. W.O. McCAW, H.E. BAILEY, Sec. 58. BONDS. Subject to the limitations pre- ANDREW WINBERG, scribed by the Constitution and Statutes of the State S.C. WATKINS, of Washington, the city shall have power to borrow E.G. HUNT, ' money for corporate purposes, on the credit of the JERRY A. McGILLICUDDY, city, and to issue negotiable bonds therefore, such MALCOLM M. STEWART, bonds to be serial in form and maturity and num- J.W. CLARK, bered from one upward consecutively. The various R.V. MACK, annual maturities shall commence with the second R.A. WILEY, year after the date of issue of such bond, and shall JOHN C. HOGAN, . as nearly as practicable be in such amount as will NOEL G. LOWRY, together with the interest on outstanding bonds be ROGAN JONES, met by an equal annual tax levy for the payment of A. EMERSON CROSS. said bonds and interest; Provided, however, that • only bond number one, of any issue, shall be of a denomination other than a multiple of $100.00. Interest upon alI such bonds shall be payable either CHARTER AMENDMENT NO. 1. 1 annually or semi - annually, as may be prescribed by ordinance, and the rate of interest, date of maturity, The City Treasurer and the City Comptroller shall manner of sale of such bond, detail conditions and each receive an annual salary of $2,250.00 per year, ' the manner of issue, shall be as may be prescribed to be paid in monthly installments. by ordinance. Adopted by a vote of the people December 2, 1933. STATE OF WASHINGTON ) • CHARTER AMENDMENT NO. 2. ) ss. COUNTY OF GRAYS HARBOR,) The City Comptroller and City Treasurer shall receive such salary as may be fixed by the Council We, the undersigned, freeholders of the City of by ordinance in a sum not Less than $2,250.00 nor Aberdeen, elected at the special election held in said more than $3,000.00 per annum to be paid in equal City of Aberdeen on the 28th day of May, 1929, monthly installments. ' under the provisions of the Constitution and Laws of the State of Washington for advancing from a Adopted by a vote of the people December 2, city of the second class to a city of the first class, 1939. to prepare a charter for said city, do hereby certify C -15- a - 1 Amendment No. 3. 1 CHARTER AMENDMENT NO. 3. CHARTER AMENDMENT NO. 7. The City Comptroller and the City Treasurer shall The requirement of Section 46 of the City Charter receive such salaries as may be fixed by the Council that public works shall be done by contract and shall by ordinance in the sum of not Iess the $2,700.00 be let to the lowest responsible bidder, shall not nor more than $3,600.00 per annum to be paid in apply unless the expenditure required for the same equal monthly installments. exceeds the sum of $2,500.00. 1 Adopted by a vote of the people December 4, Adopted by vote of the people November 4, 1943. 1969. 1 CHARTER AMENDMENT NO. 4. CHARTER AMENDMENT NO. 8. The City Comptroller and the City Treasurer shall Referendum. 1 each receive such salary as may be fixed by the Council by ordinance in a sum of not less than (1) The registered electors of the city may pro - $3,600.00 nor more than $4,500.00 per annum to be pose the repeal of any ordinance, or sections thereof, paid in equal monthly installments. < relating to matters within the legislative, as distin- guished from administrative, powers of the city as Adopted by a vote of the people December 6, a corporate entity. Notwithstanding the above classi- 1947. fication, no ordinance, or sections thereof, shall be referred relating to the annual budget or the capital CHARTER AMENDMENT NO. 5. expense budget, making or repealing any appropria- tion, fixing the salaries or wages of officers or em- Requirement of Section 46 of the City Charter ployees, zoning and land use, authorizing or repeal - shall be that public works shall be done by contract ing the levy of taxes, or any repealing .ordinance and shall be let to the lowest responsible bidder if adopted by the council in compliance with the refer the expenditure for same exceeds the sum of endum petition. The fact that the ordinance is al- $1,500.00. ready in effect shall not bar the referendum proce- dure. Adopted by vote of the people March 14, 1950. (2) An ordinance shall be referred by filing with CHARTER AMENDMENT NO. 6. the city clerk no later than forty-five days following the final publication of the ordinance, a petition The City Comptroller and the City Treasurer shall signed by a number of registered electors equal to each receive such salary as may be fixed by the at least twenty -five percent of the total number of Council by ordinance in a sum not less than persons voting at the last preceding regular munici- $4,500.00 nor more than $5,700.00 per annum to be pal election. All sheets constituting such petition paid in equal monthly installments. shall be uniform in character; shall contain the pro - posed ordinance in full; shall contain the names and Adopted by vote of the people March 10, 1953. residence addresses of five registered electors, who 1 as a committee of the petitioners, shall be regarded as responsible for the circulation and filing of the petition; and shall set forth the residence address of 1 each person signing. C -16 1 1 D Amendment No. 8 11 (3) Within fifteen days after receiving a referen- Adopted by a vote of the people November 3, dum petition, the city clerk shaII determine whether 1970. it has sufficient valid signatures. If insufficient, the • petition shall fail. If sufficient, the petition shall be CHARTER AMENDMENT NO. 10. submitted forthwith to the council and the operative effect of the ordinance, or sections thereof, to which Section 10 of the Aberdeen City Charter shall be fl the petition pertains shall be deemed suspended. amended to read as follows: (4) Within thirty days after receiving the referen- Section 10. Official Bonds. All official bonds O dum petition from the city clerk, the council shall shall be prescribed by Ordinance by the City repeat the ordinance, or sections thereof, or shall Council. All official bonds shall be approved by order it submitted to popular vote at a special elec- the City Council, and when so approved, shall be Lion to be held within sixty days of receipt by the, filed with the Comptroller, except the bond of the a • council; but if any other municipal election is to be . Comptroller which shall be filed with the .Mayor. ..... held within ninety days after receipt by the council, All provisions of any law of this State relating to the proposed referendum shall be voted upon at official bonds of officers shall apply to such D such election. bonds except as herein otherwise provided. No • City officer shall be eligible as a surety upon any (5) If the majority of the registered electors . bond running to the City as obligee. The City a voting on the referred ordinance shall vote for repeal Council shall have power, wheneverbyit deemed of the ordinance, or section thereof, it, or such sec- expedient, to require a new or additional official Lions thereof, shall be repealed upon certification of bond of any officer_ (11 the election results. Otherwise the referendum shall fail and the ordinance, or section thereof, shall be Adopted by a vote of the people November 9, deemed restored to effect. 1976. 111 (6) An ordinance, or sections thereof, repealed by CHARTER AMENDMENT NO. 11. the council because of a referendum petition, or III repealed by a referendum vote of the people, may Section 12, of the Aberdeen City Charter shall not be re- enacted by the council within one year of be amended to read as follows: the effective date of such repeal. This subsection 1 shall not apply to an ordinance, or sections thereof, Section 12. Officers Shall Not Be Interested In referred to the voters by the council. Contracts.. laws of the State of Washington forbidding the transaction of business by munici- Q . Adopted by a vote of the people November 4, 1969. . pal officers in conflict with the proper perfor- mane of their duties in the public interest shall CHARTER A MENDMENT NO. 9. apply to municipal officers of the City of Aber- deen. Shall the Board of Park Commissioners as estab- lished by the Charter of the City of Aberdeen be Adopted by a vote of the people November 9, o increased from its present three members to a mini- 1976. mum of five members, appointed by the Mayor with the consent of the City Council. C -17 II 1 Amendment No. 12 1 CHARTER AMENDMENT NO. 12. stated time, contract for doing all City printing 1 and advertising which contract shall be let to the Section 41 of the Aberdeen City Charter shall be lowest bidder after due notice, as provide, in this amended to read as follows: Section. All advertising, shall be done in a news- paper in such . City, and the contract therefore Section 41. Claims For Damages. Claims for shall be awarded separately from all other busi- Damages against the City of Aberdeen shall be ness: Provided, the requirements of this Section 1 submitted and governed in accordance with the as to the calling, for bids shall not apply to any laws of the State of Washington. labor by crew work of any department of the City or for material for any department in case of 1 Adopted by a vote of the people November 9, actual emergencies. 1976. Adopted by a vote of the people November 9, I CHARTER AMENDMENT NO. 13. 1976. Section 46 of the Aberdeen City Charter shall be CHARTER AMENDMENT NO. 14. amended to read as follows: Section 2 of the Aberdeen City Charter shall be Section 46. Public Works --How Contracted amended to read as follows: I For. The erection, improvement and repair of all public buildings and works, and all street and Section 2. Officers. The elective officers of the sewer works and in all extensions of the water City, shall consist of a Mayor, twelve Council- mains and improvement of the water system, men, two from each ward, City, Treasurer and lighting plant, or power plant, and in all work in City Comptroller, who shall be ex officio City or about streams, bay or water fronts, or in or Clerk. The Mayor, Treasurer and Comptroller I about in embankments or other works for pro- shall be nominate, and elected by the voters of tection against overflow and in draining in filling the City at large and the Councilmen by the lowlands, and in furnishing any supplies and respective Wards. materials for the same, when it appears that the il probable cost of executing such work will exceed • The appointive officers of the city shall consist the amount established by State law requiring of a Corporation Counsel, Fire Chief, City Engi- publication in bidding for public works, the same neer, Chief of Police, Police Judge, Water Super - shall be done by contract and shall be let to the intendent, Building Inspector, Street Commission - lowest responsible bidder, after due notice under er, Health Officer and the incumbents of such such regulation as may be prescribed by Ordi- other offices as may from time to time be created I nance provided that the City Council may reject by ordinance. The Corporation Counsel, Fire all bids presented and readvertise in their discre- Chief, City Engineer, Chief of Police, Police tion, or, if in the judgment of the Council, such • Judge, Water Superintendent, Building Inspector, work may be performed, or supplies or materials Street Commissioner and Health Officer shall be furnished by the City independent of contract, appointed by the Mayor and confirmed by the cheaper than under the Jowest bid submitted, it , City Council. All city officers enumerated in this may, after having so advertised and examined the section shall hold office for the term of two years bids, cause such work to be performed or sup- and until their successors are elected and quali- plies or materials to be furnished independent of fled with the exceptions of the Fire Chief and t contract. The City Council shall annually, at a Chief of Police who shall be owner the. City' s C -18 1 1 11 Amendment No. 14 Civil Service system following their qualification their qualifying after their appointment and con- for office. The elective officers shall take office firmation by the Council. on the fast Monday of January, following their D election. The appointive officers shall take office Adopted by a vote of the people November 2, upon. their qualifying after their appointment and 1982. confirmation by the Council. CHARTER AMENDMENT NO. 16. II Adopted by a vote of the people November 4, 1980. There shall be a new provision to the Aberdeen City Charter which shall read as follows: CHARTER AMENDMENT NO. 15. Section 59. Duty of Finance Director. It shall Section 2 of the Aberdeen City Charter, as be the duty of the Finance Director to receive and I • amended by Charter Amendment 14, shall be safely keep and account for all moneys belonging amended to read as follows: to the city from whatever source derived, includ- ing water collections; to place the same to the Section 2. Officers. The elective officers of the credit of the different funds to which they prop - City shall consist of a Mayor and twelve erly belong to disburse said money by direction Councilmembers, two from each ward. The May- of the City Council and in accordance with the a or shall be nominated and elected by the voters provisions made by them under the. provisions of of the City at large and the Councilmembers by this Charter, to make a report monthly to the City the respective wards. Council of the condition of the treasury. The 1 Finance Director shall serve as city clerk and The appointive officers shall consist of a Finance shall keep the corporate seal and all official pa- Director, Corporation Counsel, Fire Chief, City pers and documents belonging to the City; to 111 Engineer, Chief of Police, Police Judge, Water attend meetings of the City Council and to keep Superintendent, Building Inspector, Street Com- a journal of their proceedings and records of all missioner, Health Officer and the incumbents of their resolutions and ordinances; to sign all war- such other offices as may from time to time be rants and licenses issued in pursuance of the created by ordinance. The Finance Director, Cor- orders and ordinances of the City . Council and to poration Counsel, Fire Chief, City Engineer, affix the corporate seal on such licenses;. to sign • 1 Chief of Police, Police Judge, Water Superinten- all deeds, leases, contracts, bonds and other docu- dent, Building Inspector, Street Commissioner ments when authorized by the Council; to act as and Health Officer shall be appointed by the general city auditor to all departments and offi- Mayor and confirmed by the City Council. All cers, and to keep a check upon all budget expen- city officers enumerated in this section shall hold ditures and warrants; to keep an account of all office for the term of two years and until their . licenses issued and to perform such other duties B successors are elected and qualified with the and tasks as may be required by the provisions exceptions of the Fire Chief and the Chief of of this Charter, or by ordinance. Police who shall be under the City's Civil Ser- m vice system following their qualification for of- Adopted by a vote of the people November 2, fice. The elective officers shall take office on the 1982. first Monday of January following their election. 1 The appointive officers shall take office upon C -19 1 Amendment No. 17 I CHARTER AMENDMENT NO. 17. CHARTER AMENDMENT NO. 19. 1 Section 10 of the Aberdeen City Charter, as Section 33 of the Aberdeen City Charter shall be amended by Charter Amendment No. 10, shall be amended to read as follows: 1 amended to read as follows: Section 33. Ordinances—Approval--Evidence. Section 10. Official Bonds. All official bonds Ordinances shall be passed by the City Council 1 shall be prescribed by ordinance by the City and approved by the Mayor or the President of Council. All official bonds shall be approved by the Council while acting in place of the Mayor. the City Council, and when so approved, shall be But before any ordinance shall take effect it shall 1 filed with the Finance Director, except the bond be published in the official newspaper of the city. of the Finance Director which shall be filed with A certified copy of any ordinance certified to by the Mayor. All provisions of any law of this state the Finance Director, as City Clerk, or a printed relating to official bonds of officers shall apply copy of any ordinance or compilation printed by - 1 to such bonds except as herein otherwise provid- authority of the City Council and attested to by ed. No city officer shall be eligible as a surety the Finance Director, as City Clerk, shall be 1 upon any bond running to the City as obligee. competent evidence in any court. The City Council shall have power, whenever by it deemed expedient, to require a new or addi- Adopted by a vote of the people November 2, 1 tional official bond of any officer. 1982. Adopted by a vote of the people November 2, CHARTER AMENDMENT NO. 20. 1982. ' Section 56 of the Aberdeen City Charter shall be CHARTER AMENDMENT NO. 18. amended to read as follows: 1 Section 27 of the Aberdeen City Charter shall be Section 56. Initiative. The people shall always amended to read as follows: have the right to initiate any measure or ordi- nance upon a petition of 25% of the qualified 1 Section 27. Deputies. Appointment of. The registered voters of the city voting at the last Corporation Counsel and the Finance Director preceding general municipal election. Any such may each, with the approval of the City Council ordinance or measure may be initiated by filing 1 only, appoint such deputies as may be necessary. such ordinance or measure with the Finance Each deputy so appointed shall receive for his or Director, together with such petition of 25% of her services compensation to be fixed by the City the qualified registered voters as aforesaid, not 1 Council. The principals shall each be responsible less than 60 days before the general municipal for the acts of the deputy, and may revoke the election, whereupon the Finance Director shall appointments at pleasure. check the signers to the petition and if such peti- 1 tion is found to contain the requisite number of Adopted by a vote of the people November 2, signatures of qualified registered voters of the 1982. city, the measure or ordinance indicated must be 1 placed on the ballot for the people to approve or reject at the next general municipal election. 1 C -20 1 1 a Amendment No. 20 Adopted by a vote of the people November 2, 1982. II CHARTER AMENDMENT NO. 21. Sections 14 and 15 of the Aberdeen City Charter are hereby repealed. Adopted by a vote of the people y p ple November 2, 1982. CHARTER AMENDMENT NO. 22. Section 37, § 30 of the Aberdeen City Charter shall be amended to read as follows: D 30. Penalty for Violation of Ordinances: To pro- vide for the punishment of all disorderly conduct, and of all practices dangerous to public health or safety, and to make all regulations necessary for the preservation of public morality, health, peace, and good order within limits, and to provide for . the arrest, trial, and punishment of all persons charged with violationg any of the ordinances of the City. The punishment shall not exceed the D maximum punishment allowed by State Iaw for violation of such ordinances of first class cities. I Adopted by a vote of the people November 6, 85. 1 D D 1 1 C -21 1 1 1 THE CHARTER of the 1 ` CITY OF BELLINGHAIVI Published by Authority of the City Council 1973 • As Amended in 1981, 1983, 1985, 1986, 1987, 2004 and 2006 ' PREAMBLE We, the citizens of the City of Bellingham, wishing to establish a government more I responsive to the people, more efficient in its operation and more open to that essential ingredient, the concerned participation of citizens, do hereby adopt the following Charter. FREEHOLDER'S CERTIFICATE State of Washington ) I County of Whatcom ) SS City of Bellingham ) We, the undersigned, Freeholders of the City of Bellingham elected on the 2nd day of November, 1971, pursuant to the laws of the State of Washington, for the purpose of preparing a new Charter for the City, do hereby certify that the foregoing Charter has been prepared by us and is hereby submitted as the Charter for the City of Bellingham. In Witness Whereof, we have here unto set our hands this 12th day of May, 1972. ' Jeanne Beacom Eldridge Carr John Graham I AmeHanna onald Jepson Nate Knuzmann Glenn Larson Alfred Loop Jack Ludwigson ' Laura McBeath Michael Mischaikow Ed O'Connor Gerald O. Rhea Al Swift . Fred Veroske Subscribed and Sworn to before me this 12th day of May, 1972. 1 1. 1 Article 1 GENERAL PROVISIONS 1.01 Name The municipal corporation now existing and known as the "City of Bellingham" shall, by and in that corporate name, remain and continue to be a body politic and corporate as a city of the first class, with perpetual succession and all other corporate powers, rights and privileges, pursuant to the Constitution and general laws of the State of Washington. 1.02 Powers, Rights And ]Liabilities The form and organization of government of the City, and the manner and mode in which the City shall exercise I its. powers, functions and duties, shall be as provided in this Charter or, to the extent not prescribed herein, or when the Charter is in conflict with state law, as provided by ordinance of the City Council consistent with this Charter or state law. 1 1,03 Construction The general grant of municipal power conferred by this Charter is intended to confer the greatest power of local self - government consistent with the Constitution of this State, and the powers of the City under this Charter shall be construed liberally in favor of the City, and the specific mention of particular powers in the Charter shall not be construed as Limiting in any way the general powers stated in this Charter. 1.04 Boundaries 1 The boundaries of the City shall be the same as at the date of adoption of this Charter and as extended pursuant to state law, and they may be changed in the manner provided by law. 1 1.05 Wards -- Definitions And Boundaries The City of Bellingham shall be divided into 6 wards as nearly equal in population and geographically compact as possible: Provided; That the existing boundaries of the wards as now constituted shall continue until changed as provided in the next paragraph. Commencing February 1, 1988, and by February 15 of each 4th year thereafter, whenever the number of registered voters in any one ward exceeds the number of registered voters in any other ward by more than 15 %, the Finance Director shall notify the City Council, and the City Council shall, by ordinance, cause the imbalance in ward size to be rectified in accordance with this and the preceding paragraph: Provided; that Council action on • any redivision shall be completed by April 30th of that year. The Finance Director shall, on May 1st of each 4th year, certify to the City Council the number of registered voters in each ward as of that date. 1 2 1 1 [Amended November 4, 1986] 1.06 Intergovernmental Relations The City may exercise any of its powers or perform any of its functions and may participate in the financing • thereof, jointly or in cooperation, by contract or otherwise, with any one or more states or political subdivisions or agencies thereof, or any municipal corporation, or other public agency allowed by state law, or the United States or any agency thereof. 1.07 Form Of Goverment The City of Bellingham shall continue to have a mayor - council form of government. 1.08 Definition Of Terms The following words, terms and phrases, whenever used in this Charter, shall be construed to mean as herein indicated unless the context clearly indicates otherwise: 1. Charter: This Revised Charter of the City of Bellingham. 2. City: City of Bellingham, State of Washington. I 3. Constitution: Constitution of the State of Washington. II 4. State: The State of Washington. 5. Tense, Gender: The past, present and future tenses shall each include the other, the masculine and feminine genders shall each include the other. Article 2 ELECTIVE OFFICERS AND ELECTION PROCEDURES 2.01 Elective City Officers The elective officers of the City shall be the Mayor and 7 Council Members. All elective officers shall be elected at municipal general elections by majority vote from the City at large. [Amended April 18, 2008 (Ord. 2008- 04 -033); November 7, 2006; November 5, 1985; November 3, 1981] 3 2.02 Terms Of Elected Officials The term of the Mayor shall be 4 years. The terms of the 6 Council Members to be elected by wards shall be 4 years. The term of the Council Member to be elected at Large shall be 2 years. The terms of Council Members shall be so staggered that 3 ward Council Members and the Council Member -at -Large shall be elected at each municipal general election. [Amended April 18, 2008 (Ord. 2008 -04 -033), and November 7, 2006] 2.03 Councilmen — Nomination And Election The members of the City Council, except the Councilman -at- large, shall be nominated and elected as follows: The qualified electors of each ward, and they only, shall nominate from their own number 2 candidates for the office of Council Member. The nominee receiving the highest number of votes from the City at large, at the next municipal general election for the office of Council Member for the ward in which he resides, shall be declared duly elected. The Council Member-at-Large shall be nominated and elected from the City at large. 1 [Amended April 18, 2008 (Ord. 2008-04 -033), November 5, 1985, and November 3, 1981] 1 2.04 Procedure For Elections —State Election Laws All municipal elections shall be govemed by the procedure for elections as prescribed in the laws of the State of Washington. 1 2.05 Eligibility To Hold Elective Office 1 To be eligible to hold elective office the person must be a registered voter of the City and a resident of the City and a resident of the City for one year next preceding the election. Residence and voting within the limits of any territory which has been included in, annexed to, or consolidated with the City is construed to have been residence within the City. 1 No City elected officer shall hold any other office or employment within the City government. [Ord. 2008 -04 -033] 2.06 Elected Officers -- Vacancies Should a vacancy occur in the office of any City elected official pursuant to the provisions of state law or this Charter, that vacancy shall be filled under the provisions of this section. A vacancy in the office of any .City elected official shall be filled for the remainder of the unexpired term, if any, at 4 1 ' a election; _ but the it Council, or the remaining members thereof, by majority vote, shall the next municipal general c, o e e g y ) dy , ^ appoint a qualified registered voter to fill the vacancy until the person elected to serve the remainder of the I unexpired term takes office. A vacancy in a ward council position shall be filled by the appointment of a qualified registered voter of that ward. I If at any time the membership of the Council is reduced below the number required for a quorum because of vacancies therein, the remaining members, nevertheless, by majority action, may appoint additional members to fill the vacancies until persons are elected to serve the remainder of the unexpired term. I If, after 30 days have passed since the occurrence of a vacancy, the Council is unable to agree upon a person to be appointed to fill a vacancy in the Council, the Mayor shall make the appointment from among the persons nominated by members of the Council. 1 2.07 Forfeiture Of Office Any elected City official shall forfeit his office if he ceases to have the qualifications prescribed for such office by • I this Chapter or state law, or has been declared mentally incompetent by a court of competent jurisdiction. A Council Member shall forfeit his office for failure to attend 3 consecutive regular meetings of the Council without being excused by the Council. If a ward is redistricted and as a result thereof the residence of that ward's Council Member falls outside the redistricted ward boundaries, the representative ward Council Member shall not forfeit the office. Ward Council Members who move outside the ward in which they were elected with more than 12 months I remaining in the term shall forfeit his office. [Amended by April 18, 2008 (Ord. 2008-04 -033) and November 3, 19811 r 2.08. Pro Tempore Appointments 1 Biennially at the first meeting of a new Council, or periodically, the members thereof, by majority vote, may designate one of their number as Mayor Pro Tempore for such period as the Council may specify; or, in lieu 1 thereof, the Council may appoint any qualified person to serve as Mayor Pro Tempore. The Mayor Pro Tempore shall hold office at the pleasure of the Council, and in case of the absence or temporary I disability of the Mayor, perform the duties of Mayor. The Mayor Pro Tempore shall not have the power to appoint or remove any officer, or to veto any acts of the City Council. [Amended April 18, 2008 (Ord. 2008-04-033)] . 2.09 Mayor's Salary The Mayor's salary should at no time be less than that of the highest paid. City official or employee. 1 5 • r Article 3 COUNCIL AND LEGISLATION 3.01 Council Powers The Council shall have all the legislative powers and authority allowed cities in the State of Washington, whether 1 they are specifically enumerated in the Charter or not The Council shall have general ordinance - making powers and control over the City finances and properties. The Council shall not perform administrative functions of the City. 1 3.02 Council Rules And Procedures The Council shall annually elect from its members its president, who shall preside at all Council meetings and have the authority to enforce the rules of the City Council. The Council shall determine its own rules and order of business. A journal of all proceedings shall be kept, which shall be of public record. A majority of the entire Council shall constitute a quorum at all Council meetings. Council decisions shall require the affirmative vote of at least the majority of the Council membership. - 3.03 Council Meetings The Council shall meet regularly at least semi - monthly, at such times as the Council may by ordinance, rule, or resolution determine. Special meetings may be called by the Mayor, Council President, or by a simple majority of the members of the Council pursuant to the provisions of state law. All Council meetings shall be open to the public, unless otherwise prescribed by state law. 1 3.04 Ordinances— Regular All legislation and appropriations of money shall be by ordinance, save where there is a special fund for a 1 particular purpose; payments from such fund shall be made on order of the Council. The subject of every ordinance shall be set out clearly in the title thereof, and no ordinance shall contain more than one subject. Ordinances making appropriations shall be confined to the subject of appropriations. The enacting clause of all ordinances shall be in the words "The City of Bellingham does ordain." 6 111 1 No ordinance or any section or subsection thereof shall be revised or amended unless the new ordinance sets forth the revised ordinance or the amended section or subsection at full length. 1 Every ordinance, other than emergency ordinances, shall have 3 public readings, not more than 2 of which shall be on the same day. Final passage shall occur no earlier than at the next regular council meeting following I introduction, except as otherwise provided in this Charter. The title of every ordinance and resolution which shall comprehensively set forth the subject matter of the legislation shall be read in full at a council meeting before a final vote is taken thereon, and upon every such vote the ayes and nays shall be called and recorded. ' In the event changes are proposed after the legislation's inclusion in the Council packet as typed or before final adoption, any such change "shall be submitted in writing and read in full. Provided, however, any citizen or Council Member may request that the legislation be read in full and upon the concurrence of three Council Members, the legislation shall be so read. Every ordinance which passes the Council in order to become valid must be presented to the Mayor, if the Mayor approves it, the Mayor shall sign it and the ordinance shall become valid; but if not, the Mayor shall return it with written objections to the Council, and the Council shall cause the objections to be entered at large upon the journal and proceed to a reconsideration thereof. If upon reconsideration a majority plus one of the whole membership, voting upon a call of ayes and nays, favor its passage, the ordinance shall become valid notwithstanding the Mayor's veto. If the Mayor fails for 10 days to either sign or veto an ordinance, it shall become valid notwithstanding the Mayor's veto. The Mayor's veto with respect to budget measures shall extend to specific items only, and not to the whole budget. I Ordinances, unless otherwise provided in this Charter, shall be published once in the City official newspaper, within 5 days after becoming valid. Every ordinance shall be recorded in a book kept for that purpose, which record shall be attested by the Finance Director. All ordinances enacted by the Council, except as otherwise proved in this Charter, shall take effect 15 days after I the date of their final passage unless a later date is fixed therein, in which event they shall take effect at such later date. Ordinances adopted by the electors of the City shall take effect at the time fixed therein, or, if no such time is designated therein, at the date of the adoption thereof. [Amended April 18, 2008 (Ord. 2008 -04 -033); November 23; 2983; November 3, 1981) 1 3.05 Ordinances - Emergency When an emergency exists involving the immediate preservation of the public peace; health or safety, an I ordinance may be passed which shall be effective immediately: Provided; That such emergency and the facts creating the same shall be stated in one section of the bill; and Provided further, That such bill shall not become an ordinance unless on its final passage by the City Council at least a majority plus one of all the members of the Council vote in its favor, and it shall have been approved by the Mayor. 3.06 Adoption Of Codes By Reference Ordinances may by reference adopt Washington State statutes, and regulations, or codes, or portions thereof, as 11 7 1 permitted by state law. 1 P Y Article 4 MAYOR, APPOINTIVE OFFICERS, AND ADMINISTRATION 4.01 Authority Of The Mayor The Mayor shall be the chief executive and administrative officer of the City with the prime responsibility of 1 coordination and supervision of the activities of all departments and employees of the City. The Mayor shall have the power to appoint and remove, subject to applicable civil service provisions, and except I as otherwise provided in this Charter or by state law, all appointive officers of the City under the Mayor's jurisdiction or may authorize the head of a department or office responsible to the Mayor to appoint'and remove subordinates in such department or office. [Amended April 18, 2008 (Ord. 2008 - 04.033)] 4.02 Duties Of The a M yor The Mayor shall make certain that all laws and ordinances are faithfully enforced and that law and order is maintained in the City and shall have general supervision of the administration of City government. All official bonds and bonds of contractors with the City shall be reviewed by the Mayor or such person 1 designated by the Mayor, for approval or disapproval. The Mayor shall make certain that all contracts and agreements made with the City or for its use and benefit are faithfully kept and performed. To this end, the Mayor may cause any legal proceedings to be instituted and prosecuted in the name of the City, subject to approval by majority vote of the Council. The Mayor, when present, and otherwise a delegate of the Mayor, shall attend all regular meetings of the City Council, but shall have no vote. The Mayor shall report to the Council concerning the affairs of the City and its financial and other needs, and shall make recommendations for Council consideration and action. The Mayor shall prepare and submit to the Council a proposed budget, as required by law, Charter or ordinance. The Mayor shall be the official and ceremonial head of the City and shall represent the City on ceremonial occasions, except when illness or other duties prevent the Mayor's attendance at.an official function and no Mayor Pro Tempore has been appointed by the Council, a member of the Council or some other suitable person may be designated by the Mayor to represent the City on such occasion. [Amended April 18, 2008 (Ord. 2008 -04 -033)] 1 4.03 Mayor's Power Of Veto The Mayor shall have the power to veto ordinances passed by the Council and submitted as provided in this Charter, but such veto may be overridden by the vote of a majority of all Council members plus one more vote. [Amended April 18, 2008 (Ord. 2008-04 -033)] 8 1 1 1 4.04 Chief Administrative Assistant Qualifications And Appointment The Mayor, with the approval of the Council, may appoint a Chief Administrative Assistant who shall serve at the pleasure of the Mayor and shall perform such administrative duties as may be specified by the Mayor. III The Chief Administrative Assistant need not be a resident at the time of appointment. The appointment of any person to the position of Chief Administrative Assistant shall be based solely on the basis of the person's qualifications as an administrator, with particular emphasis on educational background, training, and experience as a professional municipal administrator. [Amended April 18, 2008 (Ord. 2008-04-033)] 4.05 Administrative Departments The Council shall by ordinance establish or abolish City departments, offices or agencies and shall prescribe their functions. 1 All departments, offices and agencies under the direction and supervision of the Mayor shall be administered by an officer appointed by and subject to the direction and supervision of the Mayor. ., The Mayor shall assure coordination of activities by calling joint meetings of City department heads at least once monthly. 4.06 Bonds Of Officers And Approval Thereof The Mayor shall furnish and file with the Finance Director a good and sufficient bond, executed by a surety company authorized to do business in the State of Washington, in such amount as may be determined by I ordinance, for the faithful performance of the mayoral duties. Such other officers and employees as the Council may determine by ordinance shall furnish and file like bonds in the amounts fixed by such ordinances. The giving and approval of the bond of every appointive officer or employee required by ordinance to give bond shall be a I necessary part of the . qualification of such officer or employee. Upon approval by the Council, the City shall pay a reasonable premium to a surety company for the execution of any bond required by this Charter or by ordinance. Bonds of the elective officers shall be approved by the City Attomey, both as to sufficiency and form, and shall be deposited with the Finance Director. All other bonds shall be approved by the Mayor and the City Attorney. I [Amended April 18, 2008 (Ord. 2008- 04 -033)] • Article 5 CITY CONTRACTS 5.01 Officers And Employees —Code Of Ethics — Contract Interests All City officers and employees shall be governed by the Code of Ethics of municipal officers as prescribed by r 9 1 state law. 5.02 Contracts And Documents— Execution Of 1 All written contracts, bonds and instruments of every kind and description to which the City shall be a party shall be approved as to form and legality by the City Attorney, and executed in the name of the City by the Mayor, and 1 attested by the Finance Director, and when necessary, shall be acknowledged by such officers 5.03 Advertising For Bids The City shall comply with state, law and City policy regarding bidding. Unless otherwise required by state law, the City shall publish bidding notices as Council shall direct. The Council may reject any and all bids; and nothing contained herein shall prevent the City from contracting through negotiation for professional services or for the doing of work with patented processes or from purchasing patented appliances. The Council shall regulate the matter of making bids and letting contracts by ordinance not in conflict with the other provisions of this Charter or state law. [Amended November 2, 2004; November 3, 1987] 1 6.01 Legal Officer— Appointment— Duties 1 There shall be a legal officer of the City, hereinafter referred to as City Attorney, appointed or removed by the Mayor with Council approval, who shall serve as chief legal advisor to the Council, the Mayor and all City departments, and shall represent the City in legal proceedings, and shall perform any other duties prescribed by this Charter or by ordinance, and shall be devoted full time to the legal business of the City of Bellingham. The City Attorney shall appoint such deputies and assistants as prescribed by ordinance. [Amended April 18, 2008 (Ord. 2008 -04 -033)] 111 6.02 Legal Officer—Qualifications 1 The City Attomey shall be qualified to practice law in the State of Washington, and shall have been in practice in the State of Washington for not less than 3 years next preceding the appointment. The City Attorney shall be chosen by the Mayor. The City Attomey's qualifications as an attorney and legal advisor, with special reference to actual experience in, or knowledge of, municipal law and the duties of the office, shall be the basis for appointment 1 [Amended April 18, 2008 (Ord. 2008-04 -033)] 1 1 10 1 1 6.03 Special Counsel The Mayor, with the approval of the Council, may employ special counsel to take care of special matters; or to assist the City Attorney; or to perform on an interim basis the duties of the City Attorney in the event of a vacancy I in the office, until selection and appointment of a full time City Attomey. [Amended April 18, 2008 (Ord. 2008 -04 -033)] 1 Article 7 BOARDS AND COMMISSIONS 1 7.01 Boards, Advisory Only The Council may, by ordinance, establish advisory boards with such functions and number of members as it may determine. The members of such boards shall be appointed and removed by the Mayor. No elected City official, or City officer, or City employee, or citizen having a conflict of interest shall be eligible for appointment to such boards. No compensation will be paid to members of advisory boards, except as provided by ordinance. Unless otherwise provided in this Charter, or by state law, all boards, commissions, committees or other such I bodies (herein referred to as "Boards ") shall be advisory only, and shall be for the purpose of assisting the Mayor or Council in the performance of their duties. 1 7.02 Library Boards 1 The direction of the library shall be under a Board of Trustees, as provided by state law and City ordinance. The membership, terms, and eligibility for such Board shall be determined by the City Council. The members shall be appointed by the Mayor with the approval of the City Council 7.03 Boards Of Adjustment Or Appeal 1 I The City Council may provide by ordinance for boards of adjustment or appeal which shall be given authority to hear and determine appeals from administrative rulings of City officials or inspectors, or to hear and resolve citizen complaints and grievances in general, with such jurisdiction and power as may be prescribed by ordinance. I The membership, terms, and eligibility for such boards shall be determined by the City Council. The members of said boards shall be appointed by the Mayor with the approval of the City Council, and removed by the Mayor with the approval of a majority plus one of all members of the City Council 7.04 Civil Service Commission There shall be a civil service system in the City of Bellingham which shall be administered by a Civil Service 1 � 1 11 1 Commission of 5 members. The commission shall adopt rules and regulations for the conduct of its business and shall meet at least once monthly. The rules and regulations of the Civil Service Commission of Bellingham existing at the time of the adoption of this Charter shall continue to exist under this Charter until, or unless, changed by or pursuant to this Charter, state law, ordinance, or the commission. 1 7.05 Civil Service Commission — Appointment And Term 1 One member of the commission must be chosen from 2 names submitted to the Mayor by the uniformed employees' representatives, and one member must be chosen from 2 names submitted to the Mayor by the non- uniformed employees' representatives. The other three members shall be named by the Mayor. 1 The members of this commission shall be appointed by the Mayor with the approval of a majority of all . members of the City Council. 1 Each year the Mayor, with the approval of a majority of all the members of the City Council, shall appoint the successor of the commissioner whose term of office expires. Each term of office shall be for 5 years, starting on the first day of January, Provided; That the terms of offices of the commissioners appointed . under the provisions of the existing Charter superseded hereby shall not be affected by the provisions herein, and, upon the effective date of this Charter, 3 commissioners shall be appointed for terms of 3, 4, and 5 years, respectively. A commissioner shall not hold any other City office or City employment. A commissioner shall not be an officer or employee of any labor organization that represents City employees. The Mayor may, with the approval of a majority plus one of all the members of the City Council, rem ove any civil service commissioner. Three commissioners shall constitute a quorum. [Amended April 18, 2008 (Ord. 2008 -04 -033)] 7.06 Civil Service Commission—Powers The commission shall provide for the classification of all employees except temporary extra help and the appointive and elective officers otherwise mentioned in this Charter, for open, competitive and free examination as to fitness for an eligibility list from which vacancies shall be filled for a period of probation before employment is made permanent and for promotion on the basis of merit, experience and record. Employees within the scope of this article who are in office at the time of the adoption of this Charter shall retain their positions, unless removed for cause. The Council may, by ordinance, confer upon the commission such further rights and duties as may be deemed necessary to enforce and carry out the principles of this article. 1 1 12 1 • • 1 7.07 Civil Service -- Employees Included • 1 The provisions of this Charter relative to civil service shall apply to all employees in existing departments of the City now under civil service and all employees in new departments created by City ordinance unless specifically I exempted therefrom by Charter, ordinance, state or federal law; Provided; That all elective officers, the heads of all departments, one chief deputy of any department when so provided by ordinance, professional engineers, attorneys, and certified public accountants when employed in their professional capacity, and temporary extra 1 help, shall not be included within the classified civil service. 1 7.08 Civil Service -- Promotions I The Civil Service Commission shall, by its rules and regulations, provide for promotions in the classified civil service on the basis of merit, seniority in service and examinations, and shall provide in all cases, where it is practicable, that vacancies shall be filled by promotion. All examinations for promotion shall be competitive among such members of the next lower rank who desire to submit themselves to such examination, and it shall be the I duty of the commission to submit to the appointing power the names of the 3 highest eligibles for each promotion. The appointing authority shall then appoint one of the 3 certified persons to such vacant position: In fixing said rating, a uniform allowance of credits, to be stated at the time of the announcement of said examination, shall be I made for each year of past service. The method of examination, the rules and regulations goveming the same and the method of certifying, shall be the same as provided for applicants for original appointment. 7 .09 Civil Service - Suspensions, Removal Or Discharge 1 The Civil Service Commission shall, by its rules and regulations, provide for the suspension, removal or discharge of any civil service employee for cause; Provided; That said rules shall guarantee to the affected employee: 1 1. The right to a written statement as to the reasons for such suspension, removal or discharge; 2. The right to a prompt investigation and public hearing; 1 3. Reinstatement without penalty if the charges are not upheld by the Civil Service Commission; and I 4. The right to appear with or without council and to be heard in the employee's own defense. [Amended April 18, 2008 (Ord. 2008- 04 -033)] 1 Article 8 FINANCE, AUDITING, TREASURY &RECORDS 1 8.01 Fiscal Year . 1 The City's fiscal year shall be the calendar year. 1 13 1 8.02 Taxation, Indebtedness And Bonds 1 The City shall have all powers granted to cities by the constitution and laws of the state in the levying and collecting of taxes, incurring of indebtedness, issuance, transfer, refunding, and sale of bonds, and any lawful financing procedures or methods 8.03 Budgets And Budgetary Procedures The budget shall be prepared and acted upon in the manner and within the time limit prescribed by state law. The Council may prescribe budget procedures supplemental to, and not inconsistent with, the provisions of the state law and this Charter. 8.04 Budget Control At the beginning of each quarterly period during the fiscal year, and more often if required, the Finance Director shall submit to the Mayor and the Council a written report showing the relation between the estimated income and expenses and actual income and expenses to date; and if it shall appear that the income is less than anticipated, the Council may reduce appropriations, except amounts required to meet contractual obligations and for debt, interest, and other fixed charges, to such a degree as may be necessary to keep expenditures within the cash income. 8.05 Finance Director - Duties The Finance Director shall be appointed or removed by the Mayor, with Council approval. The Finance Director shall be appointed based on professional qualifications with special reference to knowledge and experience in municipal finance. The Finance Director shall be responsible for all the finances of the City of Bellingham. The Finance Director shall be responsible for the performance of all duties normally assigned to the clerk and the treasurer and such other duties as required by state law or ordinance. The Finance Director shall receive and give receipt for all funds payable to the City and shall make receipt 1 therefor in duplicate, one of which the Finance Director shall deliver to the party making the payment, and one of which shall be retained in the Finance Director's own office. All such receipts shall be issued in serial number. The Finance Director, or designated representative, shall attend all City Council meetings, and keep a journal of its proceedings. The Finance Director shall sign all warrants and licenses issued pursuant to the orders and ordinances of the City Council. The Finance Director shall keep an account in an appropriate book of all licenses issued, with the names of the persons to whom issued, the date of issue, the times for which they were granted, and the sums paid therefor. 1 • [Amended April 18, 2008 (Ord. 2008- 04 -033)j 1 14 1 1 8.06 Finance Director -- Records, Instruments And Corporate Seal . The Finance Director shall have the custody of the City Seal, the public records, except such as are intrusted by the provisions of this Charter to other officers, the original rolls of ordinances, the original contracts, deeds and 1 certificates relative to the title of any property of this City, all official indemnity or surety bonds, except the bond for the Finance Director position, which shall be deposited with the Mayor, and such other records as are required by ordinance. The Finance Director shall attest all public instruments and the official acts of the Mayor by signature and the City seal. The Finance Director shall certify under the Seal of the City all copies of original records as may be required, and shall charge therefor such fees as are prescribed by ordinance. [Amended April 18, 2008 (Ord. 2008 - 04-033)] 8.07 Finance Director -- Payroll Record 1 The Finance Director shall keep a payroll record of all persons employed by the City, which record shall be open • to public inspection during business hours. 8.08 Finance Director -Money Payable To City Every officer, or employee, or agent of the City, or any other person, who shall receive or have in hand any money payable to the City, shall immediately pay the same to the City Finance Director, taking a receipt therefor. [Amended April 18, 2008 (Ord, 2008- 04 -033)] 8.09 Finance Director- Disbursement Of Funds 0 All payments authorized by the Council shall be by warrants drawn upon the City treasury, signed by the Mayor and Finance Director and such warrants shall be paid in the order in which they are issued. Each warrant shall be numbered and shall state the purpose for which it is issued. All funds received by the Finance Director shall be deposited in a depository selected and qualified in accordance with state law. 8.10 Finance Director - Report To Mayor And Council • The Finance Director shall, at the close of each month, make a written report to the Mayor and the Council on the amount of monies received and disbursed and the amount on hand. 1 [Amended April 18, 2008 (Ord. 2008 -04 -033)] . P1 • 15 • 8.11 Finance Director-Report From Depository Po P B'3' The account of the City in each depository shall be in the name of the City of Bellingham". Each depository shall render a monthly statement of the credits and debits to the account of the City, and such monthly statement, together with the canceled vouchers, shall be delivered to the Finance Director. The Finance Director shall compare and reconcile all such statements of account with the records in the Finance Director's office and shall report to the Mayor that such statements are correct or otherwise, and when found correct the statement and vouchers shall be filed. [Amended April 18, 2008 (Ord. 2008 - 04-033)] 8.12 Bonds And Warrants Neither the Finance Director, nor Mayor, nor any Council Member, nor any official or employee connected with the office of the Finance Director, shall purchase or sell any bonds or warrants of the City, except in his official capacity as provided in this Charter, Provided; That the Finance Director, Mayor, Council Member, or any official or employee connected with the office of the Finance Director may sell warrants issued to him for services performed. [Amended April 18, 2008 (Ord. 2008 -04 -033)] 1 8.13 Additional Regulations The Council may make such regulations, not inconsistent with provisions of this article, and in conformity with state law, as will further safeguard the funds of the City of Bellingham. • Article 9 RECALL 9.01 Recall- Method Any holder of an elective office may be recalled and removed therefrom by the qualified electors of the City as provided by state law . r 9.02 Recall- Ineligibility For Office 1 No person who has been removed from an office by recall, or who has resigned from such office while recall proceedings were pending, shall be appointed to any office or position within four (4) years thereafter. [Amended April 18, 2008 (Ord. 2008 - 04-033)] LI 16 a . • Article 10 DIRECT LEGISLATION 10.01 General Power The people of Be llingham, in addition to the method of legislation, otherwise herein provided, shall have power . to direct legislation by initiative and referendum. 10.02 Initiative- Pet Method . The first power reserved by the people is the initiative. The registered electors of the City may propose any II ordinance, or amendments to any existing ordinance, relating to matters within the legislative, as distinguished from administrative, powers of the City as a corporate entity. Notwithstanding the above classification, no ordinance shall be initiated relating to the annual budget or capital expense budget, making or repealing any appropriation, fixing the salaries or wages of officers or employees, or authorizing or repealing the levy of taxes. a An initiative may be exercised on petition of a number of qualified voters equal to not less than 20% of the total number of votes cast for the office of Mayor at the last preceding municipal general election, proposing the 1 enactment, as an ordinance, of a bill, the full text of which shall be included in the petition. Every initiative petition shall be filed with the Finance Director, who shall verify the sufficiency of the signatures to I the petition, and transmit it, together with a report thereon, to the City Council at a regular meeting not more than 20 days after the filing of the petition, and such transmission shall be the introduction of the initiative bill in the City Council. If the Finance Director shall find any petition to be insufficient in signatures, the Finance Director shall notify the principal petitioners, and an additional 20 days shall be allowed them in which to obtain the required 1 percentage. Consideration of initiatives shall take precedence -over all other business before the City Council, except appropriation bills and emergency bills necessary for the immediate preservation of the public peace, health or 0 safety. [Amended April 18, 2008 (Ord. 2008 -04 -033)] 11 10.03 Initiative - Provision As To Source Of Revenue No initiative bill requiring the expenditure of additional funds for an existing activity, or of any funds for a new I activity or purpose, shall be filed or submitted to a vote unless provision be specifically made therein for new or additional sources of revenue for all such additional funds required thereby. . III 10.04 Initiative- Council Action 17 • 1 The City Council may enact or reject an initiative bill, but shall not amend or modify the same: Provided; That the City Council may, after rejection of any initiative bill, propose and pass a different one dealing with the same subject. 10.05 Initiative - Submission To Electorate If the City Council shall have rejected any initiative bill, or shall, within 30 days after receipt thereof, have failed to tY J Y Y P take final action thereon, or shall have passed a different bill dealing with the same subject, the said rejected initiative bill and such different bill dealing with the same subject, if an y has been passed, shall be submitted by the Finance Director to the qualified electors for approval or rejection at the next municipal general election: Provided; That the City Council may, in its discretion, provide for a special election at which the vote shall be taken. 10.06 Initiative - Passage And Effective Date • Any bill thus submitted to the vote of the people, which shall receive in its favor a majority of all the votes cast for and against the same, shall become an ordinance of the City of Bellingham, and be in full force and effect, and be published in the City official newspaper within 10 days after the official canvass of the ballots pursuant to law. 10.07 Initiative- Conflicting Bills In case the City Council shall, after rejection of the initiative bill, have passed an alternative bill dealing with the same subject, the altemative bill shall be submitted at the same election with the initiative bill. The ballot titles of both bills shall be printed on the official ballots so that a voter can express separately by making one cross (X) for each two preferences; first, as between either measure and neither, and secondly, as between one and the other. Only if a majority of all votes cast favor either bill in the first proposition, shall one of the bills so proposed be adopted. The measure adopted shall be the measure receiving the greater number of votes of the alternative measures. [Amended November 3, 1981] 1 10.08 Referendum The second power reserved by the people is the simple referendum which may be exercised and ordered as to any ordinance which has passed the City Council and the Mayor, or which has been passed over the Mayor's 1 veto as provided in this Charter, either upon a petition signed by a number of qualified voters equal to not less than 8% of the total number of votes cast for the office of Mayor at the last preceding municipal general election, or by the City Council itself without petition: Provided; That this section shall not apply to ordinances necessary for the immediate preservation of the public peace, health or safety as provided in this Charter, nor to ordinances relating to the annual budget or the capital expense budget, making or repealing any appropriation, fixing the salaries or wages of officers or employees, authorizing or repealing the levy of taxes, or any repealing ordinances adopted by the Council in compliance with a referendum petition. The fact that the ordinance is already in effect 1 18 t 0 shall not bar the referendum e dum procedure. 0 1111 10.09 Referendum- Petition Procedure • 0 The referendum may be invoked by petition bearing the signatures of the required percentage of qualified voters as to any ordinance, or any section, item or part of any such ordinance allowed by the preceding paragraph, which petition shall be filed with the Finance Director within 30 days following the effective date of said ordinance, as provided in section 3.04 of this Charter, and the filing of such referendum petition as to any such ordinance, or section, item or part thereof, shall operate to abate the ordinance, or any further action thereon, except as hereinafter provided. The Finance Director shall verify the sufficiency of the signatures to the petition and transmit it, together with a report thereon, to the City Council at a regular meeting not more than 20 days after the filing of 0 • the petition. [Amended April 18, 2008 (Ord. 2008 -04 -033)] 0 10.10 Referendum- Submission To Electorate The City Council shall thereupon provide for submitting the said ordinance, or section, item or part thereof, to the li vote of the qualified electors for ratification or rejection, either at the next municipal general election, o r at a special election as the City Council in its discretion may provide. 111 10.11 Referendum - Approval Or Rejection- Effective Date If the ordinance thus submitted to the referendum shall receive in its favor a majority cast for and against ty ainst the 9 same, it shall be in full force and effect and be published in the City official newspaper within 10 days after the official canvassof the ballots pursuant to law. If the ordinance shall fail to receive the majority vote in its favor, it shall be considered as rejected and shall be of no force or effect. 10.12 Amendment Or Repeal By City Council Every ordinance heretofore or hereafter initiated or referred and approved as provided in the preceding sections, 11 may be amended, revised or repealed by the City Council: Provided; That no such ordinance may be so amended, revised or repealed within 2 years after the effective date thereof. 101 Article 11 Franchises 11.01 Exclusive. Franchises Prohibited. 0 19 1 1 No exclusive franchise or privilege shall be granted for the use of any street or other place or any part thereof. 11.02 Franchises And Permits - Streets And Public Ways - 1 Subject to the provisions of this Charter, this City shall have authority to permit and regulate under such restrictions and conditions as it may set by ordinance and to grant nonexclusive franchises for the use of public 1 streets, bridges or other public ways, structures or places above or below the surface of the ground for railroads and other routes and facilities for public conveyances, for poles, conduits, tunnels, towers and structures, pipes and wires and appurtenances thereof for transmission and distribution of electrical energy, signals and other methods of communication, for gas, steam and liquid fuels, for water, sewer and other private and publicly owned and operated facilities for public service. The power hereby granted shall be in addition to the franchise authority granted by general law to cities. No franchise shall be granted, renewed, amended or extended except by ordinance. 1 11.03 Franchises -Bond 1 The City Council may require a bond in a reasonable amount for any person or corporation obtaining a franchise 1 from the City conditioned upon the faithful performance of the conditions and terms of the franchise and providing a recovery on the bond in case failure to perform the terms and conditions of the franchise. 1 11.04 Franchises - Restrictions And Limitations 1 Every grant of a franchise right or privilege shall be subject to the right of the City Council, or the people of the City acting for themselves by initiative or referendum, at any time subsequent to the grant, to repeal, amend or modify the said grant with due regard to the rights of the grantee and the interest of the public; and to cancel, forfeit and abrogate any such grant if the franchise granted thereby is not operated in full accordance with its provisions, or at all; and at any time during the grant to acquire by purchase or condemnation, for the use of the City itself, all the property of the grantee within the limits of the public streets, at a fair and just value, which shall not include any valuation of the franchise itself, which shall thereupon terminate; and every ordinance making such grant shall contain a reservation of these rights of the City Council, and of the people of the City acting for themselves by initiative or referendum, to so repeal, amend or modify said ordinance, and to so cancel, forfeit and abrogate the grant, and to so acquire the property of the grantee in the public streets, as hereinabove set forth. 11.05 Renewals- Extensions • The City Council shall not consider or grant any application for the extension of the period of any franchise, nor any new franchise covering all or any substantial part of the rights or privileges of any existing franchise, until within 3 years of the expiration of the existing grant. 11.06 Procedure For Assignment Or Lease Of Franchise Rights 20 � D D No franchise heretofore or hereafter granted by the City shall ever be leased, assigned, or otherwise alienated D without the express consent of the City by ordinance, and no dealing with the lessee or assignee on the part of the City to require the performance of any act or payment of any compensation by the Lessee or assignee shall be deemed to operate as such consent. D 11.07 Term D No franchise shall be granted for a longer period than 25 years. 11 11.08 Publication 11 Proposed ordinances for the grant, extension, alteration or renewal of franchises shall be filed with the Finance D Director and published once a week for 4 successive weeks in the City official newspaper before they shall be placed on first reading by the Council. Every applicant for a franchise shall bear all expenses of advertising the proposed ordinance. 111 Article 12 MISCELLANEOUS 12.01 City Council Investigative Powers II The City Council may, in connection with the legislative process, make investigations into the affairs of the City and the conduct of any City department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. 12.02 Claims Against City For Damages All claims for damages against the City must be filed with the Finance Director within the time limit as prescribed II by state law, and shall be presented to the City Council, and'no ordinance shall be passed allowing any such claim, or any part thereof, or appropriating money or other property to pay or satisfy the same, until such claim has been first referred to the proper department, board, commission, agency or committee, not until such department, board, commission, agency or committee has made its report to the City Council thereon, pursuant to such reference. No action shall be maintained against the City for any claim for damages until the same has been presented to the City Council and 60 days has elapsed after such. presentation. III All such claims for damages must accurately locate and describe the defect that caused the injury, accurately describe the injury, give the residence for 6 months past of the claimant, contain the items of damages claimed, and be swom to by the claimant. All such claims must comply with any additional requirements provided by state law. D . D 21 1 1 12.03 Severability Clause 1 The provisions, sections, subdivisions and articles of this Charter, shall be considered to be severable, so that if any provision, section, subdivision or article, or its application to any person or circumstance, is altered, amended, abrogated, repealed, superseded by state law or held invalid, the remainder of the particular provision, section, subdivision, article or Charter, or the application thereof to other persons or circumstances, shall not be deemed 1 affected. 12.04 Campaign Expenditure Reports The City Council shall establish, by ordinance, regulations requiring the reporting all campaign contributions ty y gu eq g e p g of camp g made to the election campaigns of all candidates for City office and to all campaigns conceming ballot issues. . 1 12.05 City Property -Public Records The official books, papers and records of all the officers of the City are City property, and shall be kept by such officers during their continuance in office, and then delivered to their successors. 1 The City Council shall establish by ordinance procedures to make City records available to the public 1 12.06 Sale Of Lake Padden Prohibited 1 Nothing in this Charter shall be construed to permit the City of Bellingham to sell all or any portion of any of the real property it now owns or may hereafter acquire for water supply purposes in Township 37 N. Range 3 E. of . 1 Willamette Meridian, and more generally known as Lake Padden, Ruby Creek and Silver Creek, Watersheds, whether or not used for water supply purposes, unless a question of such proposed sale shall have been first submitted to the qualified electors of the City at a general or special election called for that purpose and assented to by two- thirds of said electors voting on such question. 1 12.07 Appointments -Lack Of Confirmation 1 Where Council approval for any appointment by the Mayor is required by this Charter, and the City Council shall refuse to confirm such appointment, then the Mayor shall within 1 week thereafter make a second appointment for the same position. If the Council shall refuse to confirm the second appointment, then the Mayor shall fill such appointment with an appointee other than the previous 2, without confirmation of the City Council. 1 1 22 1 • Article 13 AMENDMENTS 13.01 Amendments Proposed By City Council Any amendment or amendments to this Charter may be proposed in the City Council, and, if the same shall be agreed to by a majority of all the members thereof, such proposed amendment or amendments shall be submitted to the electors of the City for their ratification, at the next state or municipal general election, which shall be at least 60 days after the adoption of such proposed amendment or amendments to the city Council; and if at such election any such amendment shall be ratified by a majority of all the qualified electors voting thereon, the same 0 shall thereby become a part of this Charter, and be in full force and effect, and be published in the City official newspaper within 10 days after the official canvass of the ballots pursuant to law: Provided; That if more than one amendment be submitted at the same election, the same shall be submitted in such manner that each proposed amendment may be voted on separately without prejudice to others. ' 13.02 Amendments Proposed By Petition This Charter may be amended by the petition method as provided by the laws of the State of Washington. 13.03 Amendments- Publication Of All proposed amendments of this Charter shall be published once a week for 4 successive weeks in the City official newspaper before the election at which they are submitted to be voted upon. Article 14 TRANSITIONAL PROVISIONS 1 14.01 New Charter- Effective Date . ' This Charter shall take effect on the 1st day of January in the year following its adoption, and, on that date, shall become the Charter of the City of Bellingham and the organic law thereof, superseding the existing Charter, pursuant to the laws of the State of Washington. All provisions of this Charter substantially identical with ' provisions of the Charter superseded hereby, shall be construed as continuation of such former provisions and not as new enactments: Provided; That Article VIII of this Charter, insofar as it pertains to the creation of the position of Finance Director and the duties therein prescribed, shall not take effect until January 1, 1974. Wherever the words Finance Director shall appear in this Charter, until January 1, 1974, it shall be assumed to ' mean Comptroller or Treasurer as their duties may be defined in the superseded Charter. The office of Comptroller and the office of Treasurer shall carry over until January 1, 1974 when the Finance Director takes office. The incumbent Comptroller and Treasurer shall remain in office until January 1, 1974. The Finance Director will be elected for a 2 year term at the municipal general election in 1973 so that the Finance Director's election (which is to be for a 4 year term) will coincide with the election of the Mayor in 1975. [Amended April . 18, 2008 (Ord. 2008-04 -033)1 1 • 23 . . 1 14.02 Effect Of Revised Charter - Savings Provisions The adoption of this Charter shall not affect any right, obligation or liability, either in favor of or against the City, existing at the time of its effective date, nor any pending civil,'criminal or administrative proceeding involving or relating to the City. All rights and property of every description and location which were vested in the City immediately prior to the effective date of this Charter, shall continue to be vested in the City, and all monies in the City treasury on the date this Charter takes effect shall be credited to the several funds to which they belong. 1 14.03 Ordinances, Resolutions And Regulations. 1 All ordinances, resolutions, rules, regulations or orders lawfully in force in the City on the effective date of this Charter shall, to the extent not inconsistent with or repugnant to this Charter, continue in full force and effect until amended, repealed, abrogated or rescinded pursuant to law, or until they expire by limitation. 14.04 Governmental Bodies, Offices And Positions 1 All govemmental bodies, offices or positions not provided for by this Charter, together with the emoluments 1 thereof, shall immediately cease to exist on the effective date of this Charter. Any new office or position created by or pursuant to this Charter shall be filled after its effective date in the manner provided by law and this Charter. Every elective officer of this City in an office not abolished or dispensed with by this Charter, on its effective date, shall continue in office for the remainder of the term and until a successor shall have qualified. Every appointive officer in an office not abolished or dispensed with by this Charter shall continue to hold and exercise that office under, and in accordance with, the terms, provisions and obligations of this Charter, until the appointment and qualification of a successor. [Amended April 18, 2008 (Ord. 2008- 04 -033)] 14.05 Local Improvements- Completion All improvements of streets, alleys and public places in the City which were begun prior to, and remain uncompleted on the effective date of this Charter, shall be completed in accordance with the applicable laws and ordinances in effect at the time such improvements were ordered. 14.06 Special Assessments- Payment And Collection All special assessments levied and remaining unpaid on the date this Charter takes effect shall be paid and be collected in accordance with the applicable laws and ordinances in effect at the time the same were levied. 1 24 1 1 CHARTER OF THE CITY OF BREMERTON 1 ARTICLE I. Name, Boundaries, Powers, Definitions Section 1- Name: The corporate name of this City is BREMERTON. Section 2 - Boundaries: The existing boundaries may be changed in the manner provided by law. Section 3 - Definitions: As used in this Charter, unless the context indicates otherwise: (1) RCW - Means the Revised Code of Washington, and refers to any subsequent amendments to statutes referenced in this Charter. (2) Residence - Residence within any territory included in, annexed to, or consolidated with the City is construed to have been residence within the City. (3) Shall - Means mandatory. (4) May - Means optional. (5) Appointive Officer — Means those employees appointed by the mayor and confirmed by the Council as established by Charter and by •ordinance. Section 0 4 - Rights and Powers: 1 By and in the corporate name, the City shall have perpetual succession and all powers of a First Class city; may sue and be sued in all courts and proceedings; use a corporate seal approved by its legislative body; and, by and through its legislative body, may contract and be contracted with; may purchase, lease, receive, or otherwise acquire real and personal property of every kind, and use, enjoy, hold, lease, control, convey or otherwise dispose of it for the common benefit. Section 5 - Powers - How Exercised: All powers of this City, unless otherwise provided in this Charter, shall be exercised by, through and under the direction of a mayor, who shall be the chief executive and administiative officer, and nine council members who shall constitute the City Council (hereafter referred to as Council). The Council shall serve as the legislative body of the City. The Mayor and Council 1 1 1 shall be subject to the control and direction of the people at all times by means of the initiative, referendum and recall provided for in this Charter. 1 ARTICLE II. Elective Officers 1 Section 6 - Officers - Election - Term - Qualifications: The elective officers of this City shall be eleven in number: The Mayor and Municipal Judge, who shall be elected by majority vote from the City at large, and nine part-time members of Council, who shall be elected by majority vote from each of their respective districts. No person shall be eligible for election to any City office, unless he or she is a citizen of the United States and has resided in Bremerton for at least one year preceding election, ` except the Municipal Judge, who need only be a citizen and reside in Kitsap County and licensed to practice law in the State of Washington. No person shall be eligible for the position of council member while holding any other elective public office or otherwise employed by the city. Candidates for Council must also be residents of their respective districts at the time of filing. The Mayor shall 1 continuously reside within the City and Council members shall reside continuously within their district during their elective terms, except as provided in Section 7 of this Charter. The terms of all elective officers shall commence on the first day in January following their election and shall be for a period of four years until their successors are elected and have qualified. In the '1997 1 election positions 1,. 3, 5, 7 and 9 shall stand for election, and remaining positions will stand for election in 1999. . Thereafter municipal elections shall be held biennially and the requisite 1 Council members shall be elected for four year terms. Section 7 - Change in Districts: 1 Council may change the boundaries of existing districts by ordinance to make each as equal in population as practicable, so long as redistricting is approved forty-five days before the fourth 1 Monday in July. No change in the boundaries of districts shall affect the terms of any council members; they shall serve out their terms representing the district for which they were elected 1 even though such change of district boundaries may result in more than one council member residing in the same district. 1 Section S - Compensation - Reimbursement: (1) The Mayor's and Judge's compensation may be increased during a term of office by ordinance. 1 2 i. 1 (2) There is . hereby created the . Bremerton Citizen's Commission on Council Salaries 1 pursuant to RCW 3521.015 appointed as provided herein to set the salary of the Council members. (a) The Commission shall consist of three (3) members who shall be registered voters and residents of the City of Bremerton. No City officer, official, or employee or immediate family member of any City officer, official or employee shall be eligible for membership on the Commission. As used in this section, "immediate family member" means parents, spouse, 1 siblings, children or dependent relative of the officer, official or employee whether or not living in the household of the officer, official or employee. 111 (b) Commission members shall be appointed by the Mayor, subject to approval of Council. 1 (c) Commission members shall be appointed for three year staggered terms of office. Commission members may not be appointed to more than two terms. ' (d) No member shall be removed during his or her term of office unless for cause of incapacity, incompetence, neglect of duty or malfeasance in office or for a disqualifying change 1 of residence. (e) Upon a vacancy in any position on the Commission a successor shall be appointed to serve the unexpired term. The appointment shall be made in the same manner as for original appointments. I (f) The members of the Commission shall receive no compensation for their services but shall receive reasonable reimbursement for their expenses in accordance with state law and city ordinance. Staff shall be assigned to the Commission to provide support for its work. (3) The Commission authority responsibility and res nsibili shall be as follows: ' (a) The Commission shall study the relationship of salaries to the duties of the City Council members and shall fix a salary for each such position by an affirmative vote of not less ' than a majority of the commission. (b) Except as approved in this section, the Commission shall be solely responsible for I its . own organization, operation and action and shall enjoy the fullest cooperation of all City officers, officials, departments and employees. The Commission shall have access to all City • books, papers, documents and accounts applying or in any way concerning the subject matter of this section. 1 • f' 3 r 1 1 (c) The members of the Commission shall elect a chairperson from among their number every two years. 1 (d) The Commission shall file any change in its schedule of salaries for the positions of City Council members with the City Clerk by July 1st of the applicable years so as to coincide 1 with the City budget cycle. , (e) Each schedule shall become effective thirty days after filing with the City Clerk. 1 Salary decreases established by the Commission shall become effective as to incumbent City Council members at the commencement of their next subsequent terms of office. Such schedule 1 shall be subject to referendum in the same manner as provided by Section 34 of this Charter. (f) Prior to the filing of any salary schedule the Commission shall hold no fewer than 1 two public hearings thereon within the four months immediately preceding the filing. (g) Signature of the chairperson of the Commission shall be affixed on each schedule submitted to the City Clerk. (4) The Mayor, Municipal Judge and Council members shall receive reimbursement for their necessary expenses incurred in the performance of the duties of their office as provided to City management and professional employees. 1 Section 9 - Vacancies - Events Creating: 1 The position of an elected officer shall become vacant upon the occurrence of any of the following events: (1) Death.. (2) Resignation. 1 (3) Judicially declared incompetency. (4) Failure to maintain residency as required by Charter. (5) Failure to qualify within two days after the beginning of term. (6) Continuous absence from the City for more than thirty days during a term of office 1 without consent of Council, unless on business of the City. (7) Conviction of or plea of guilty to a felony or to a crime involving moral turpitude, or an offense involving the oath of office. 1 1 4 1 1 i Section 10 - Vacancies - Filling: 1 (1) A vacancy in the office of the Mayor or Council shall be filled for the remainder of the unexpired term, if any, at the next municipal general election. 1 Council or the remaining members thereof by majority vote shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. 1 (2) If, after thirty days have passed since the occurrence of a vacancy, Council is unable to agree upon a person to be appointed to fill a vacancy on Council, the Mayor, shall make the I appointment from among the persons nominated by members of Council. (3) If at any time the membership of Council is reduced . below a quorum, the remaining 1 members, if any, shall appoint the requisite number of qualified persons to create a quorum who will appoint qualified persons to fill the remaining vacancies. The appointees shall serve until persons are elected to serve the remainder of the unexpired terms at the next available special election for partisan offices unless there is an earlier available general election. 1 (4) If no council members remain, the Mayor shall appoint qualified persons to temporarily fill the vacancies. The appointees shall serve until persons are elected to fill the remainder of the 1 unexpired term at the next available special election for partisan offices unless there is an earlier available general election. . I (5) In the event all Council positions and the Mayor's position become vacant, the Municipal Judge, or the Governor of the State of Washington if the position of Judge is vacant, shall 1 appoint a qualified person as Acting Mayor. The Acting Mayor shall perform, and appointees shall serve, pursuant to subsection four above. I (6) A vacancy in the office of Municipal Judge shall be filled by the Mayor for the remainder of the unexpired term, subject to Council confirmation. 1 Section 11 - Pro Tempore Appointment: (1) Annually at the first meeting of Council, or when needed to fill a vacancy, the members 1 thereof, by majority vote, shall designate one of their number as Council. President to serve as Mayor Pro Tempore, to serve at the request of the Mayor, or to fill an unanticipated need in the 1 Y P � e e9 Y� P absence or temporary disability of the Mayor. (2) The Mao Pro Tempore of Mayor in th O Mayor o empo a shall perform all duties o the yo the absence or temporary disability of the Mayor, except he or she may only remove appointive officers subject to Council confirmation after the Mayor has been absent for thirty consecutive days, at which 1 5 1 1 1 time the Mayor Pro Tempore may remove such persons subject to any applicable law, rule, or regulation relating to civil service, with the approval of Council majority plus one. 1 (3) The Mayor may appoint qualified persons to serve as Municipal Judge pro tempore pursuant to RCW 3.50.090. • 1 ARTICLE III. Legislation 1 Section 12 - Powers Vested in Council: Council shall have power to organize and regulate its internal affairs, to define the' functions, 1 power, and duties of the City's officers and employees; to fix the compensation and working conditions . of such officers and employees and establish and maintain civil service or merit 1 systems, retirement and pension systems not in conflict with state law or this Charter. Council may adopt and enforce ordinances relating to and regulating its local or municipal affairs and appropriate to the good of the government of the City, and, pursuant to state law, may impose penalties of 'fine, or imprisonment, or both, for the violation of such ordinances constituting a misdemeanor or gross misdemeanor as provided therein. Council may provide that violation of such shall constitute a civil violation subject to a monetary penalty. Council shall have all legislative powers possible for a city or town to have under the Constitution of this State. By way of illustration and not in limitation, such powers may be exercised in regard to acquisition, 1 sale, ownership, improvement, maintenance, protection, restoration, regulation, use, leasing, disposition, vacation, abandonment or beautification of public ways, real property of all kinds, 1 waterways, structures, or any other improvement or use of real or personal property. Such powers may be exercised in regard to all aspects of collective bargaining, in the rendering of social, cultural, recreational, educational, governmental, or corporate services, including operating and supplying of utilities and municipal services commonly or conveniently rendered by cities or towns. In addition and not in limitation, Council shall have any authority given to any class of municipality or all municipalities of this state, such authority to be executed in the manner provided, if any, by the granting statute. Within constitutional limitations, Council shall have within the City corporate limits all powers of taxation for local purposes allowed by state 1 law. 1 1 6 1 1 , Section 13 - .Council Meetings - Public Notice of Meeting Agendas: 1 (1). Council shall meet regularly, at least once a month, at such times. and Locations as designated by the Council. 1 (2) Council shall meet at a place within the corporate limits of the City, at such times as may be fixed by ordinance or resolution. . 1 (3) A majority of Council constitutes a quorum. (4) Meetings of Council shall be presided over by the member selected as Council President. 1 Appointment of aCouncil President shall not in any way abridge the President's right to vote on matters coming before Council at such meetings. • 1 (5) In the absence of the City Clerk or Deputy Clerk or other qualified person appointed by the Clerk, a council member may perform the duties of Clerk at such meeting while retaining 1 rights to participate and vote during the meeting. Section 14 - Open Meetings - Requisites: 1 (1) All meetings of Council and City boards, commissions and committees shall be open to the public except as excluded by 42.30 RCW or this Charter. 1 (2) Conditions for attendance; time and place; procedures for interruption, adjournments, continuances; executive sessions; adoption of ordinances, rules and regulations; and prohibition 1 of secret ballots shall be as prescribed within Chapter 42.30 RCW. (3) Council, by ordinance, shall establish a procedure for notifying the public of upcoming 1 open meetings and agendas. • Section 15 - Ordinances - Styles.- Requisites - Veto: 1 (1) The enacting clause of all ordinances shall be as follows: "The City of Bremerton does ordain ". No ordinance shall contain more than one subject and that must be clearly expressed in 111 its title. (2) No, ordinance, or any section or subsection thereof, or any municipal code section or 1 subsection, shall be revised or amended, unless the new ordinance sets forth the revised ordinance or the amended section or subsection at full length. 1 (3) All legislation and appropriation of money shall be by ordinance, save where there is a special fund created for a particular purpose; payments from such . funds shall be made on order 1 of the Council. i 7 1 1 (4) Hearings of ordinances shall be as provided by state law or as designated by Council. Every ordinance shall have one reading except that, upon a request of a Council Member, an ordinance shall have two or more readings unless otherwise directed by the Council. No ordinance shall take effect until at least ten (10) days after publication stated in the ordinance, • 1 except as provided below: (a) Upon the happening of any non - debatable emergency as enumerated in RCW 1 35.33.081, Council may adopt an ordinance addressing the emergency or appropriating funds not available in the annual budget to meet it by a vote of one more than the majority of all members 1 of Council, stating the facts constituting the emergency. Such ordinance shall become effective at passage without notice or hearing, but requires subsequent publication in the official 1 newspaper. (b) Ordinances addressing public emergencies not specifically enumerated in RCW 1 35.33.081 or appropriating funds to meet such emergencies which could not have been anticipated in the annual budget, may be appropriated by ordinance declaring an emergency and stating the facts constituting the emergency. Such ordinance shall not be voted on until five days have elapsed after its introduction, and shall require the vote of one more than the majority of all members of Council for passage. Any taxpayer of the City may appear at the meeting at which the emergency ordinance is to be voted on and be heard for or against the adoption of it. The 1 ordinance shall become effective upon passage and publication. (c) Initiative ordinances adopted by the voters of the City shall take effect at the time 1 fixed therein or, if no such time is designated within ten (1 days after the official canvass of the ballots pursuant to state law. (5) . Every ordinance that passes Council in order to become valid must . be presented to the Mayor. If approved, it shall be signed, but if not, it shall be returned with written objections to Council who shall cause the objections to be entered on the record and proceed to reconsideration thereof within thirty (30) days of return of the vetoed ordinance. If upon , reconsideration, a majority plus one of the whole membership favor its passage, the ordinance shall become valid notwithstanding the Mayor's veto. The Mayor's veto with respect to budget 1 measures shall extend to specific items only, and not to the whole budget. If the Mayor fails for ten days to either approve or veto an ordinance, it shall become valid without approval. 1 Ordinances shall be signed by the Mayor and attested by the City Clerk. 8 • 1 • Section 16 - Ordinances - Authentication and Recording: 1 The City Clerk shall authenticate and record in full in a properly indexed book or file kept for the purpose of retaining all ordinances and resolutions adopted by Council. Copies of such shall be 1 available for inspection by the public. Section 17 - Publication of Ordinances or Summary of Ordinances: 1 Promptly after adoption, the text of each ordinance or a summary of the content of each ordinance shall be published at least once in the City's official newspaper except bond 1 ordinances which may be published by title alone. For the purpose of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance. 1 Publication of a summary shall include notice that the full text is available from the City Clerk. An inadvertent mistake or omission in publishing the text or a summary of the content of an 1 ordinance shall not render the ordinance invalid. Section 18' City Auditor: . 1 There shall be an Auditing Committee consisting of two Council members and an independent Certified Public Accountant to be designated by Council, and two Bremerton residents selected by the designated members of the Auditing Committee. The Auditing Committee shall appoint a City Auditor who shall serve at the pleasure of the Committee. The City Auditor shall only be 1 removed by the majority vote of the entire membership of the•Committee sitting as a whole. ARTICLE IV. 1 Administration Section 19 - Duties and Authority of the Mayor: The Mayor: (1) Shall be the chief executive and administrative officer of the City in charge of all 1 departments and employees. (2) Shall see that all laws and ordinances are faithfully enforced and that law and order are 1 maintained in the City. (3) Shall have general supervision of the administration of city government and all city 1 interests. (4) Shall see that all contracts and agreements made with the City or for its use and benefit f are faithfully kept and performed, and to this end, may cause any legal procedures to be 1 9 1 1 instituted and prosecuted in the name of the City, subject to approval by majority vote of all members of Council. i (5) Shall report to Council, in a public meeting, concerning the affairs of the City and its financial and other needs, and shall make recommendations for Council consideration and action. 1 (6) Shall prepare and submit to Council a proposed budget. (7) Shall be the official and ceremonial head of the City and shall represent the City, except 1 that when illness or other duties prevent the Mayor's attendance at an official function and the Mayor Pro Tempore is unavailable, a member of Council or some other suitable person may be designated by the Mayor to represent the City on such occasion. (8) Shall devote full -time, during business hours, to the service of the City and shall not hold 1 any other public office except notary public. Section 20 — Appointive Officers - Duties - Compensation: Appointive officers shall be those provided for by City Charter or ordinance and shall include a City Attorney and City Clerk. The office of City Clerk may be merged with any other compatible 1 appointive office. The authority, duties and qualifications of all appointive officers shall be as prescribed by charter, of ordinances, or applicable job description. 1 Section 21 - Appointment and Removal of Appointive Officers and Employees - Terms: The Mayor shall have the power of appointment and removal of all appointive officers and 1 employees, except the City Auditor, City Attorney, Court employees and Council employees, subject to any applicable law, rule or regulation relating to civil service. Council employees who ' serve at the pleasure of the Council may only be removed by a majority vote of Council sitting as a whole. The head of a department may be authorized by the Mayor to appoint and remove subordinates in such departments or office, subject to applicable union agreements and any applicable civil service provisions. All appointments of appointive officers and employees shall ' be made on the basis of ability and training or experience in the duties of the position, and in compliance with provisions of any merit system applicable to the City. Confirmation by Council , of appointments of appointive officers shall be required. Appointive officers shall be without a definite term unless a term is established for such office by law or ordinance. The Mayor shall 1 have the sole authority to accept the resignation of any appointive officer. 1 10 1 1 1 t Section 22 - Oath of Appointive Officers and Employees: . 1 Any appointive officer or employee, before entering upon the performance of his or her duties, may be required to take an oath or affirmation as may be prescribed by ordinance for the faithful 1 performance of his or her duties as a condition of employment. Section 23 - City Attorney: 1 (1) Appointment. The Legal Department of the City shall consist of a City Attorney, -and such assistant city attorneys as authorized in the budget. All must be duly licensed attorneys of 1 the State of Washington in accordance with state statute or court rule. The City Attorney shall be a full -time in -house City Attorney appointed by the mayor and confirmed by the Council. The 1 City Attorney may be removed by the Mayor, with the concurrence of a majority of Council sitting as a whole, or by Council alone, provided that removal by Council alone shall require a 1 2/3 vote of the entire Council. The City Attorney may remove assistant city attorneys at his or her pleasure. 1 (2). Duties. The City Attorney shall be legal advisor of all officers, commissions, boards and committees of the City and shall bring and . prosecute all actions which may be directed by the 1 Mayor or Council, and defend the City in all actions against it and any action in which the City, any past or present employee, officer, board, committee, or .commission is a party as a result of 1 acts or omissions in the good faith performance of the city's business. (3) Special Counsel. Council may at any time retain or appoint special counsel for specific 1 assignments. ARTICLE V. 1 Finance Section 24 - Organization: 1 . The Mayor shall have charge of fmance and shall be responsible for the custody and management of the City assets. . 1 Section 25 - Receipt, Custody, and Disbursement of Funds: All payments authorized by Council shall be signed by the Mayor and City Clerk. The City 1 Treasurer shall receive and keep all monies due and belonging to the City, and all trust funds held by the City, and shall keep an accurate detailed account of the same in such manner as to show the exact. financial condition of the City. The City Treasurer shall, at the close of each 1 month, report to Council all the monies received . ep o s cei ed and disbursed during the month , 11 1 1 1 Section 26 - Fiscal Year: The City's fiscal year shall be the calendar year. The Council may, by ordinance, establish a biennial budget. Section 27 - Public Utilities: 1 (1) The City shall have power to own and operate any public utility and may purchase, construct, condemn or acquire any public utility provided by law, and may make any additions or betterments or extensions of any existing utility, and the provision therefor shall be by ordinance which shall specify and adopt the plan or system proposed and declare the estimated cost thereof. ' Any ordinance providing for a newly owned and operated utility shall be submitted for ratification or rejection to the qualified voters of the City at a general or special election called 1 for that purpose. Provided, however, that an ordinance providing for the extension, enlargement or improvement of an existing utility shall conform to RCW 35.92.070 and need only be submitted to the voters as required thereby. (2) Nothing in this Charter shall be construed to permit the city of Bremerton to sell all or any 1 portion of any of the real property now owned or hereafter acquired for water supply purposes generally known as watersheds, whether or not currently used for water supply purposes, unless 1 a question of such proposed sale shall be approved by a majority plus one of the council membership or shall have been first submitted to the qualified electors of the city by a majority t plus one of the council membership at a municipal general or special election and assented to by sixty percent of said electors voting on such question. ' (3) The City shall not sell, lease or dispose of any utility lands, systems or parts thereof essential to continued effective utility service, unless and until such disposal is approved by a majority plus one vote of Council. ARTICLE VL 1 Civil Service 0 Section 28 - Commission, Creation of: There is hereby established a Civil Service Commission of three members, who shall be appointed by the Mayor and confirmed by Council, and who shall be citizens of the United ' States, residents of the City for at least one year preceding such appointment. The currently seated members may serve their current terms. The term of office of such commissioners shall be for three years on staggered terms. Any vacancies in the commission shall be filled by the 1 12 • 1 Mayor and approved by Council for the unexpired term. Any member of said commission may • be removed from office for incompetency, incompatibility or dereliction of duty, malfeasance in office, or other good cause after charges in writing have been preferred, due notice given and a III full hearing had in Superior Court unless such hearing is waived in writing. Section 29,- Commission, Rules and Powers: 0 (1) The Commission shall make such rules and regulations for the conduct of its business and to enforce the purposes of this article as shall be necessary and proper. fl (2) The Commission shall provide for the classification of all employees subject to this Article. f (3) All full time paid employees of the Fire and Police departments of the City shall be included under the provisions of this Article, and all existing provisions of state law pertaining to, i such employees shall be substantially complied with by the Commission. All other full time employees shall be included under the provisions of this Article unless excluded in Section 31. 0 (4) The Commission, among other things, shall provide for open competitive examination as to fitness for an eligibility list from which vacancies shall be filled; for a period of probation 0 before employment is made permanent; and for promotion on the basis of merit, experience, and record. Promotional processing/testing fees shall not be charged. m (5) Employees within the scope of this Article who are in office at the time of the adoption of this Charter shall retain their positions, unless removed for cause. (6) The Commission, among other things, shall provide for rules and procedures to ensure employees due process in regard to any proposed disciplinary action: II Section 30 - Civil Service Officer: The Commission shall provide for the selection of a civil service officer by the Mayor, with III Council confirmation who shall also serve as secretary. Section 31 Employees included in Civil Service: (1) The following employees shall be included in Civil Service: (a) All full time paid employees of the Fire and Police departments of the City unless II specifically excluded or exempt by the City as may be provided by law. (b) All other full time employees not exempt in Section 31(2) below. D (2) There shall be exempt from the operation of this article the following: elected officials, appointive officers not covered in Section 31(1) above, management and professional i 13 1 employees, all non - salaried members of appointive boards and commissions, and any other employee exempt from the operation of this Article by the Council. 1 ARTICLE VII. Boards, Commissions and Committees 1 Section 32 - Member Residency Requirement: The Mayor shall appoint all boards, commissions and committees established by ordinance or charter, except the Audit Committee, with Council confirmation as required by ordinance. All members of boards, commissions and committees established by ordinance or charter shall be residents of the City for at least one year prior to appointment and eighteen years of age, unless otherwise provided by ordinance. Any member of a board, commission and committee 1 established by ordinance or charter who is not a resident of the City at the time this provision takes effect shall serve out the balance of the term for which appointed. 1 ARTICLE VIII. Recall, Initiative and Referendum 1 Section 33- Recall: The holder of any elective office may be recalled and removed from said office as provided in 1 29.82 RCW. Section 34 - Initiative and Referendum: 1 (1) The powers of initiative and referendum shall be exercised in the manner set forth in RCW 35.17.240 through 35.17.360. 1 (2) No ordinance heretofore or hereafter enacted by vote of the people shall be amended or repealed by the Council unless such amendatory or repealing ordinance shall be submitted to the qualified electors for their approval or rejection in the same manner as is required by this section in respect to the submission of an ordinance initiated or referred. 1 ARTICLE IX. Franchises 1 Section 35 - Franchises - Term - Renewal: No franchise shall ever be granted for a term longer than ten years, excepting upon a majority vote of the electors, and in no event will a franchise be granted for a period longer than fifty years, nor any franchise be renewed or extended until within two years of the expiration thereof. 1 1 14 111 m , . m i ,, Section 36 - Franchise = Compensation - Publication: • III All franchises shall be granted by ordinance and shall .specify plainly the streets or other public places or parts thereof to which they apply, and no franchise shall be provided without provision Il for proper compensation to the City therefor. Council shall adopt such mode of determining the compensation to be paid by such grantee as it shall determine to be reasonable and . just. Every III applicant for a franchise shall bear all expenses of advertising and submitting the 'proposed ordinance, including the expense of election, if any. . Il Section 37 - Franchise. - Council Rights: The grant of every franchise shall be made expressly subject to the condition that Council shall II have the right with respect to any franchise so granted to hear and determine what are just, fair and reasonable rates, fares and charges for public service unless regulated by the State or Federal government, and to order that only reasonable charges shall be imposed; to require reasonable extensions of any public service system; to make such rules and regulations as may required 1 to secure adequate and proper service, and to provide sufficient accommodation for the public; to repeal, amend or modify the same; to cancel, forfeit and abrogate the same if the franchise is not , I operated or exercised in full accordance with its provisions, or any part thereof, or at all; to acquire by purchase or condemnation upon a majority vote of the electors for the use of the City itself or its inhabitants, the property of the grantee at a fair and just value, which shall not include any valuation of the franchise, which shall thereupon terminate. Section 38 - Franchise - Transfers: No franchise shall be transferred, sold or leased without the consent of Council, under such terms and conditions as the Council may impose. ARTICLE X. . Miscellaneous Section 39 - Legal Continuity: . All ordinances and resolutions consistent with this Charter shall remain in effect until amended or repealed or until they expire by limitation. All rights and obligations in favor of or against the City existing at the time this Charter shall go into effect, —shall continue without modification. All street and other improvements, all vacations of public streets, alleys or places, all 1 assessments for improvements, all suits and actions in court, all fines and forfeitures and all other matters relating to the City that may have been begun and not completed, shall be 'completed 1 15 • 1 according to the charter, ordinances and law existing prior to the time this Charter shall go into effect, and all taxes and assessments levied and remaining unpaid when this Charter will go into 1 effect, shall be collected as provided by ordinances and laws existing and in effect at the time same were levied. 1 Section 40 = Employment Continuity: Whenever by the provisions of this Charter duties and functions are transferred to a different 1 department, board or office, the employees engaged in the performance of such duties and functions at the time this Charter goes into effect, shall be transferred accordingly and be deemed 1 to have been regularly appointed to the respective positions involved in the performance of such duties and functions, until removed therefrom in accordance with the provisions of this Charter. 1 Section 41 Report - Requisites of Claim - Time Limitations: All claims for damages for personal injuries or for injuries to property sustained by any act of the 1 City or any officer, agent, servant, or employee, must be filed with the City Clerk. All such claims for damages must be in writing and verified and must accurately locate and describe the act causing the injury, describe the injury, giving the residence for six months last past of the claimant and contain the items of damage claimed. No action shall be maintained against the City for a claim for tort damages until the claim has been filed with the City Clerk and the time specified by State Law has elapsed after such presentation. 1 ARTICLE XI. Amendments 1 Section 42 Conform to State Law: Amendments of this Charter shall follow and conform to the procedures set forth in the State 1 Constitution and Laws of the State of Washington. Section 43 — Charter Amended - Effective Date: 1 Amended by a vote of the people during the general election held November 2, 2004 with an effective date of February 1, 2005. 1 1 • • 1 i 16 1 0 ARTICLE I. NAME, BOUNDARIES, POWERS, RIGHTS AND LIABILITIES I Sec. 1.1. Name. The municipal corporation, now existing and known as Everett, shall remain and continue a body politic and corporate in name and in fact, by the name of EVERETT. Sec. 1.2. Boundaries. p The boundaries of the city shall be the same as at present, and they maybe changed in the manner provided by law. Sec. 1.3. Powers, Rights and Liabilities. By and in the corporate name, the city shall have perpetual succession; shall have and exercise all powers, functions, rights and privileges now or hereafter given or granted to, and shall be subject to all the duties, obligations, liabilities and limitations now or hereafter imposed upon, municipal corporations of the same class, by the constitution and laws of the State of Washington, and shall have and exercise all other powers, functions, rights and privileges usually .exercised by, or which are incidental to, or inhere in, municipal corporations of like character and degree. The city shall have all powers possible for a city to have under the constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. Sec. 1.4. Construction. The general grant of municipal power conferred by this charter is intended to confer the greatest power of local self - government consistent with the constitution of this state, and the powers of the city under this charter shall be construed liberally in favor of the city, and the specific mention of particular powers in the charter shall not be construed as limiting in any way the general powers stated in this charter. Sec. 1.5. Intergovernmental Relations. The city may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any one or more states or political subdivisions or agencies 1 thereof, or any municipal corporation, or the United States or any agency thereof. Sec. 1.6. Form of Government. Except as provided in Article XVII for the transitional period, the government of this city shall be vested in an elected mayor and an elected council of seven (7) members,, and may be referred to as the "Mayor- Council Plan" of government. 1 1 1 ARTICLE II. ELECTIVE OFFICERS Sec. 2.1. Elective City Officers, Size of Council — Elected at Large. The elective officers of the city shall be the mayor and seven (7) councilmen, all of whom shall be elected by majority vote from the city at large. Sec. 2.2. Eligibility to Hold Elective Office. 1 No person shall be eligible to hold elective office unless he shall have been a registered voter and resident of the city for a period of at least one (1) year next preceding his election. Residence and voting within the limits of any territory which has been included in, annexed to, or consolidated with the city is construed to have been residence within the city. A mayor or councilman shall hold within the city government no other public office or employment. I. Sec. 2.3. First Election — Terms of First Elective Officers, Time for First Election. The first election of officers under this charter shall be held on the Tuesday following the first Monday of November, 1968, at which time shall be elected a mayor and three (3). councilmen for five -year terms, and until their successors are elected and 'qualified, and four (4) councilmen for three -year terms and until their successors are elected and qualified; provided, however, that the first mayor and council shall commence to perform the duties of their offices, and receive compensation therefor, upon the effective date of commencement of the mayor - council plan of government as set forth in Article XVII of this charter; provided; further, that their terms shall expire as though they had taken office on the second Monday of January, 1969. The positions to be filled on the city council shall be designated by consecutive numbers and shall be dealt with as 1 separate offices for all election purposes. • Sec. 2.4. Elections Other Than the First — Term Elective Officers. 1. Except for the first election, officers shall be elected at biennial city general elections held on the first Tuesday following the first Monday in November in the odd- numbered years, commencing with the year 1971. At such elections, there 1 shall be elected the requisite number of councilmen as the terms of their predecessors expire, and a mayor as the term of his predecessor expires. The terms of the mayor and councilmen shall be four years and until their successors 1 are elected and qualified. The positions to be filled on the city council shall be designated by consecutive numbers and shall be dealt with as separate offices for all election purposes. The mayor and councilmen shall qualify by taking an Oath or Affirmation of Office, as may be provided by law, charter or ordinance, and their terms shall commence the first of January following their election. (Amended by RCW 29.04.170(2)) 1 Sec. 2.5. Vacancies — Elected Officials. The office of a mayor or council member shall become vacant upon: 1 2 1 1 (a) Failure to . qualify at the time of taking of office; (b) Death; . (c) Resignation; (d) Recall; (e) Forfeiture; or (f) Extended absence or incapacity. In the event of a vacancy in the office of 'mayor or council member, the Council by majority vote shall appoint a qualified person to fill the vacancy until the next regular municipal or general election. For vacancies occurring prior to the filing deadline for declaration of candidacy for such vacant office, as established by RCW 29A.24.050 as now or hereafter amended, the election shall be held in 11 November of the year of appointment. For those vacancies occurring subsequent to the filing deadline for declaration of candidacy, the election shall occur in November of the year following appointment. The person so elected shall serve the remainder of the unexpired term. If, after thirty days have passed since the occurrence of a vacancy, and the council has been unable to agree upon a person to be appointed to fill the vacancy, the mayor or in his or her absence, the mayor pro tempore, may make the appointment from among the persons nominated by members of the council. a member, the event of the extended excused absence or disability of a council ember, the remaining members, by majority vote, may appoint a council member pro tempore to serve during the absence or disability. 11 In the event of the vacancy of the office of mayor, all duties of the mayor shall be performed by the mayor pro tempore, until an interim mayor has been appointed or the person who is elected to serve the remainder of the unexpired 1 term of the mayor takes office. The chief administrative assistant shall continue to perform the administrative duties, and shall not be removed without the consent of the council. "Incapacity" as used in this section shall mean "unable to perform the ordinary and usual tasks or duties of the office for an extended period of time." An extended period of time for the purposes of this section shall be that which is beyond a "reasonable" time. (Ord. 2924 -06 § 3, 2006: amended 11 -5 -96) Sec. 2.6. Forfeiture of Office. A mayor or councilman shall forfeit his office, creating a vacancy, if he ceases to have the qualifications prescribed for such office by.law, charter, or ordinance, or if he is convicted of a crime involving moral turpitude, or a felony, or an offense 1 involving a violation of his oath of office. A councilman also shall forfeit his office if he fails to attend three consecutive regular meetings of the council without being excused by the council. 1 Sec. 2.7. Mayor Pro Ter ore /Interim Mayor. . p (a) The members of the council shall by majority vote designate one of their D members as mayor pro tempore for such period as the council may specify. The mayor pro tempore shall hold office at the pleasure of the council, and in case of the absence or temporary incapacity of the mayor perform the duties of mayor except he shall not have power to appoint or remove any officer or veto actions 1 3 1 of the council. The mayor pro tempore shall remain a council member and may still vote as a council member on matters before the council. In the case of an extended absence in the office of the mayor, the mayor pro tempore may appoint or remove an officer with the consent of the majority of the council. (b) In addition, the council shall as the need may arise, appoint one of its members to serve as interim mayor in the event of a vacancy as defined by section 2.5. The interim mayor shall have the full authority of the office of mayor, and shall serve until the person who is elected to serve the remainder of the unexpired term of the mayor takes office. A council member appointed to serve as interim mayor shall vacate his or her council position. (Ord. 2924 -06 § 4, 2006: amended 11 -5 -96) Sec. 2.8. Citizens' Commission on Salaries of Elected Officials. 1 (a) Purpose: It is the policy of the City of Everett to base salaries of elected officials on realistic standards so that officials may be paid according to the duties of their offices, so that citizens of the highest quality may be attracted to public service. To effectuate this policy, the Everett Citizens' Commission on Salaries of Elected Officials ( "Citizens' Commission ") is hereby created consisting of seven (7) members with duties and responsibilities as set forth below. (b) Duties: The Citizens' Commission shall study the relationship of salaries to • the duties of all elected officials and shall set the salaries for each respective • position. Except as provided otherwise below, the Citizens' Commission shall be solely responsible for its own organization, operation, and action and shall enjoy the fullest cooperation of all elected officials, departments and agencies of the City of Everett. • (c) Eligibility: The Citizens' Commission shall consist of seven (7) members, all of whom must be at least twenty -one (21) years of age, registered to vote, and maintain personal residence within the boundaries of the City of Everett. No City of Everett official, or public employee, immediate family member of the official or employee is eligible for membership on the Citizens' Commission. As used in this subsection, the phrase "immediate family" means parents, spouse, siblings, children, or dependent relative of the official or employee, whether or not they are living in the same household. (d) Appointment: Two (2) members of the Citizens' Commission shall be appointed by the city council and one (1) member shall be appointed by the mayor; those three members shall select the other four (4) members. The members of the commission shall serve four (4) year terms beginning January 1, 1997, except that the first seven members shall be appointed for different terms as follows: (a) one member appointed by the city council for a period of four years; (b) one member appointed by the city council for a period of two years; (c) 1 the one member appointed by the mayor to serve for a period of two years; (d) two of the members selected by those three members to serve for periods of four years; and (e) two of the members selected by those three members to serve for 1 periods of two years. No person may serve more than two (2) consecutive terms. Members of the commission may be removed by the mayor, with the approval of the council, only for cause of incapacity, incompetence, neglect of duty, 1 4 1 1 malfeasance in office or for a disqualifying change of eligibility. The unexcused absence of any member of the commission from two (2) consecutive meetings of the commission shall constitute relinquishment of that person's membership on the commission. Such a relinquishment creates a vacancy in that person's position on the commission. Upon a vacancy in any position on the commission, a successor shall be selected and appointed to fill the unexpired term. The selection and appointment shall be concluded within thirty (30) days of the date that the position becomes vacant and shall be conducted in the same manner as 1 originally provided for that person's appointment. (e) Operation: The members of the commission shall elect a chair from among their number. The commission shall set a schedule of salaries by an affirmative ' . vote of not Tess than five (5) members of the commission. Members of the commission shall receive no compensation for their services. (f) Determination of Salary Schedule: The commission shall file its initial 1 schedules of salaries for the elected officials with the city clerk no later than the first Monday in May 1997, and shall file a schedule on the same day every two years thereafter. The signature of the chair of the commission shall be affixed to each schedule submitted to the city clerk. The chair shall certify that the schedule has been adopted in accordance with the provisions of this charter and with the rules, if any, of the commission. Such schedules shall become effective ninety 1 (90) days after the filing thereof, except as provided in section (h) below. (g) Open Meetings: All meetings, actions, hearings, and business of the 1 commission shall be subject to the Open Public Meetings Act as set forth in Chapter 42.30 of the Revised Code of Washington. Prior to the filing of any _ salary schedule, the commission shall hold no fewer than two (2) public hearings thereon within the two (2) months immediately preceding the filing. 1 (h) Referendum: Any change of salary shall be subject to referendum petition by the citizens filed within the ninety (90) day period after the filing of the ' schedule of salaries. Referendum measures under this section shall be submitted to the citizens at the next following municipal election, and shall be otherwise governed by the provisions of this charter; provided, for the purpose of ' a referendum, the schedule of salaries shall be treated as an ordinance. Further, the city council may submit the salary schedule filed pursuant to this section to the citizens at the next following municipal election. Provided, city council submission to the citizens shall only be made upon passage of an ordinance by a vote of a majority plus one of the whole membership. (i) The mayor and council members shall receive reimbursement for their 1 actual and necessary expenses incurred in the performance of the duties of their office, or the council by ordinance may provide for a per diem allowance.. Procedure for approval of claims for expenses shall be as provided by ordinance, 1 consistent with state law. (Amended 11 -5 -96) 1 1 1 5 . 1. ARTICLE III. COUNCIL AND LEGISLATION Sec. 3.1. Council Powers. The council shall have the powers and authority of the legislative, body of this city, and shall not perform administrative functions of the city. Se c. 3.2. Council Meetings. 1 The city council shall meet regularly, at least once each week at the city hall within the corporate limits of the city at such times as may be fixed by ordinance or resolution. At least one of such regular meetings shall be held each month in the evening after 6:30 p.m. Special meetings may be called by the mayor, the president of the council, or any three members of the council by written notice delivered to each member of the council at least twelve hours before the time specified for the proposed meeting. All council meetings shall be open to the public, except that the council may hold executive sessions from which the public is excluded for purposes other than the final adoption of an ordinance, resolution, rule, regulation, or directive. No ordinance or resolution shall be passed, or contract let 1 or entered into, or bill for the payment of money allowed at any meeting not open to the public, nor at any public meeting; the date of which is not fixed by ordinance, resolution or rule, unless public notice of such meeting has been given by such notice to the local press, radio, and television, as will be reasonably calculated to inform inhabitants of the city of the meeting. Meetings of the council shall be presided over by the president, selected annually by a 1 majority vote of the council, or in the absence of the president, by a member of the council selected by a majority of the members present at such meeting. Appointment of a council member to preside over the meeting shall not in any way abridge his right to vote on matters coming before the council at such meeting. In the absence of the clerk, or deputy clerk or other qualified person appointed by the clerk, the mayor, or the council, may perform the duties of clerk at such meeting. A journal of all proceedings shall be kept, which shall be a public record. Sec. 3.3. Council — Quorum — Rules — Voting. At all meetings of the council a majority of the councilmen shall constitute a quorum for the transaction of business, but a less number may recess or adjourn, from time to time, and may compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance. The council shall determine its own rules and order of business, and may establish rules for the conduct of council meetings and the maintenance of order. Upon the request of any member, any question shall be voted upon by roll call and the ayes and nays shall be recorded in the journal. 1 1 6 1 1 I . The passage of any ordinance, grant or revocation of franchise or license, and I.. any resolution for the payment of money shall require the affirmative vote of at , 1 least a majority of the whole membership of the council. Sec. 3.4. Ordinances —, Styles — Requisites — Veto. 1 All legislation and appropriations of money shall be by ordinance, save where . there is a special fund for a particular purpose; payments from such fund shall be made on order of the council. 1 The subject of every ordinance shall be set out clearly in the title thereof, and no ordinance, except one making appropriations, shall contain more than one subject. Ordinances making appropriations shall be confined to the subject of • appropriations. The enacting clause of all ordinances shall be in the words "The City of Everett does ordain ". 1 No ordinance or any section or subsection thereof shall be revised or amended unless the new ordinance sets forth the revised ordinance or the amended section or subsection at full length. I Every ordinance, other than emergency ordinances, shall have three (3) public readings, not more than two of which shall be on the same day, and at least six I days shall elapse between the introduction and the final passage, except as otherwise provided in this charter. Every ordinance and resolution shall be in writing and a summary read at a council meeting before a vote is taken thereon, and upon every such vote the ayes and nays shall be called and recorded. r Every ordinance which passes the council in order to become valid must be presented to the mayor; if he approves it, he shall sign it and the ordinance shall I become valid, but if not, he shall return it with his written objections to the council and the council shall cause his objections to be recorded in the meeting minutes and proceed to a reconsideration thereof.. If upon reconsideration a majority plus I one of the whole membership, voting upon a call of ayes and nays, favor its passage, the ordinance shall become valid notwithstanding the mayor's veto. If the mayor fails for ten (10) days to either approve or veto an ordinance, it shall I become valid without his approval. The mayor's veto with respect to budget measures shall extend to specific items only, and not to the whole budget. Ordinances shall be signed by the mayor or mayor pro tempore, and attested I by the clerk. , A summary of ordinances, unless otherwise provided in this charter, shall be published once in the city official newspaper, within five (5) days after its I becoming valid, with complete text to be provided upon request at the city clerk's office. Every ordinance shall be recorded in a book kept for that purpose, which I record shall be attested by the clerk. Ordinances passed by a majority plus one of the whole membership of the council, designated therein as emergency ordinances, may be made effective I upon becoming valid, but such ordinances may not levy taxes, grant, renew, modify or extend a franchise, or authorize the borrowing of money. An ordinance • which grants, renews modifies, or extends a franchise shall take effect thirty (30) 1 days after the date of its becoming valid unless a later date is fixed therein, in 1 1 which event it shall take effect as such later date. All other ordinances enacted by the council shall take effect fifteen (15) days after the date of their becoming valid unless a later date is fixed therein, in which event they shall take effect at such later date. Ordinances adopted by the electors of the city shall take effect at the time fixed therein, or if no such time is designated therein, at the date of the adoption thereof. (Amended 11 -5 -96) Sec. 3.5. Adoption of Codes by Reference. 1 Ordinances may by reference adopt Washington State statutes and federal, state, county, or city codes, regulations, or portions thereof, or additions thereto, on the subject of the ordinance. Such statutes or codes or regulations so adopted need not be published in a newspaper as provided in section 3.4, but the adopting ordinance shall be so published and a copy of any such adopted statute, ordinance or code, or portion thereof, with amendments or additions, if any, in the form in which it was adopted, shall be filed in the office of the city clerk for use and examination by the public. While any such statute, code or compilation is under consideration by the council prior to adoption, not less than three (3) copies thereof shall be filed in the office of the city clerk for examination by the public. (Ord. 2924 -06 § 5, 2006) ARTICLE IV. 1 MAYOR, APPOINTIVE OFFICERS, AND ADMINISTRATION Sec. 4.1. Duties and Authority of the Mayor — Veto — Breaking Vote. The mayor shall be the chief executive and administrative officer of the city, in 1 charge of all departments and employees. The mayor shall have the power to appoint and remove, subject to applicable civil service provision, and except as otherwise provided in this charter or by state law, all appointive officers and all employees of the city under his jurisdiction, or may authorize the head of a department or office responsible to him to appoint and remove subordinates in such department or office. He shall make certain that all laws and ordinances are faithfully enforced and that law and order is maintained in the city, and shall have general supervision of the administration of city government and all city interests. All official bonds and bonds of contractors with the city shall be submitted to the mayor or such person as he may designate for approval or disapproval. He shall make certain that all contracts and agreements made with the city or for its use and benefit are faithfully kept and performed, and to this end he may cause any legal proceeding to be instituted and prosecuted in the name of the city, subject to approval by majority vote of the council. The mayor, when present, and otherwise his delegate, shall attend all regular meetings of the city council, but shall have no vote. He shall report to the council concerning the affairs of the city and its financial and other needs, and shall make recommendations for council 8 1 consideration and action. He shall prepare and submit to the council a proposed budget, as required by law, charter or ordinance. The mayor shall have the power to veto ordinances passed by the council and submitted to him as provided in section 3.4, but such veto may be overridden by the vote of a majority . of all council members plus one more vote. The mayor shall be the official and 1 ceremonial head of the city and shall represent the city on ceremonial occasions, except that when illness or other duties prevent the mayor's attendance at an official function and no mayor pro tempore has been appointed by the council, a r member of the council or some other suitable person may be designated by the mayor to represent the city on such occasion. Sec. 4.2. Appointment and Removal of Chief Administrative Assistant -- Qualifications, Compensation. The mayor, with the approval of the council, may appoint and remove a chief administrative assistant to perform such administrative duties as may be designated by the mayor from time to time. The compensation for such chief administrative assistant shall at no time be Tess than the highest compensation paid to any department head, exclusive of the city attorney. The chief administrative assistant need not be a resident at the time of his appointment. He shall be chosen solely on the basis of his qualification as an administrator, with particular emphasis on his educational background, training, and experience as a professional municipal administrator. r Sec. 4.3. Administrative Departments — Establishment. Within the framework established by this charter, the administrative service of the city government shall be divided into such offices, departments, and divisions . as provided by ordinance or this charter. • Sec. 4.4. Appointive Officers. j The appointive officers of the city shall include the chief administrative assistant (if appointed), the, city attorney, the city clerk, the chief of police, the fire chief, and the department heads of all other departments established pursuant to this article and such other appointive officers as are established by ordinance. Except as otherwise provided in this charter, all appointive officers shall be appointed and removed by the mayor, and shall be responsible to the mayor. An appointive officer shall not be deprived by such removal of his standing under applicable civil service provisions which he may have had before his appointment to such office. (Amended 11 -5 -96) Sec. 4.5. Appointive Officers — Compensation. Subject to the provisions of section 4.2 of this charter, the compensation of all I appointive officers shall be prescribed by ordinance. Sec. 4.6. Duties of City Clerk. The clerk shall perform the duties required by this charter, state law, and by the council; keep a record of the proceedings of the council, and of every matter and thing before, presented to, or acted upon by the council; certify all accounts 9 1 ordered aid as herein provided; p ded, be the custodian of the official seal of the city and affix the same to all documents when authorized so to do. Sec. 4.7. City Engineer — Qualifications. The City Engineer shall be a registered professional civil engineer with a minimum of . five years'. experience after registration. If the appointee's licensure as a registered professional engineer is from a different state, the appointee shall be required to obtain a Washington State license as a registered professional civil engineer within six (6) months of appointment. (Ord. 2924 -06 § 6, 2006) Sec. 4.8. Department of Parks and Recreation Director. There shall be a department of parks and recreation, the head of which shall be the director of parks and recreation, who shall have responsibility for the management and control of the park and recreation system of the city. Such director shall appoint under civil service laws and rules, supervise and control all 111 employees in the department of parks and recreation, and he shall have such further powers and perform such other duties as may be prescribed by ordinance. The director of parks and recreation shall be appointed and removed by the mayor. (Ord. 2924 -06 § 7, 2006: amended 11 -5 -96) Sec. 4.9. City Planner — Qualifications. 11 There shall be a city planner who shall assist the mayor, city council, and the Planning Commission as a technical advisor regarding the city's comprehensive plan, zoning, and capital improvements; prepare reports and recommendations relative to annexation review and urban renewal plans and projects; and he shall have such further powers and perform such other duties as may be prescribed by ordinance. The city planner shall have an educational background and practical experience commensurate with the responsibility of the position. Sec. 4.10. Oath of Office. Every officer, before he enters upon the duties of his office, shall make and file with the clerk an oath or affirmation to support the Constitution of the United States and the State of Washington, and to perform faithfully, honestly and impartially the duties of his office. Sec. 4.11. Bonds of Officers and Approval Thereof. ;1 The mayor shall furnish and file with the clerk a good and sufficient bond, . executed by a surety company authorized to do business in the State of Washington, in the minimum sum of five (5) times the amount of his annual salary, and such additional amount as may be determined by ordinance, for the faithful performance of his duties. Such other officers and employees as the council may determine by ordinance, shall furnish and file like bond in the amounts fixed by such ordinances. The giving and approval of the bond of every appointive officer or employee required by ordinance to give bond shall be a necessary part of the qualification of such officer or employee: Upon approval by the council, the city shall pay a reasonable premium to a surety company for the execution of any bond required by this charter or by ordinance. Bonds of the 10 a • elective officers shall be approved by the city attorney and a judge of the Superior Court of Snohomish County, both as to sufficiency and form, and shall be deposited in a depository bank of Everett. All other bonds shall be approved by the mayor and the city attorney. Sec. 4.12. Officers and Employees Not to Be Interested in Contracts. No elected official or appointed City officer or employee of the City shall have a financial interest, directly or indirectly, in any contract, sale, lease, or purchase with or for the use of the City; or accept, directly or indirectly, any compensation, gratuity, or reward from any other person who is financially interested therein. Provided, however, an officer or employee does not have a prohibited interest if the officer or employee has a remote interest as defined by state law. Violation of any provision of this section may be grounds for a forfeiture of employment or of the office of the person violating the same and the contract sale, lease, or 1 purchase shall be void. (Ord. 2924 -06 § 8, 2006: amended 11 -7 -78) Sec. 4.13. Advertising for Bids. The council shall establish the procedures for making bids and letting contracts by ordinance not in conflict with other provisions of this charter and the laws of the State of Washington. When advertising for bids is required by city ordinance or state or federal law, at least one notice shall be published in the city official newspaper. (Amended 11 -5 -96; amended 11 -2 -82) Sec. 4.14. Contracts and. Documents — Execution of. All written contracts, bonds and instruments of every kind and description to which the city shall be a party shall be approved as to form and legality by the I city attorney, and executed in the name of the city by the mayor or, in accordance with written guidelines approved by council, by his or her chief administrative assistant .or designated department head(s), and attested by the clerk and when necessary, shall be acknowledged by such officers. (Amended 11 -5 -96) Sec. 4.15. Annual Report. The mayor shall have prepared and printed annually a report showing the receipts and disbursements of the city. ARTICLE V. 1I BOARDS AND COMMISSIONS Sec. 5.1. Boards, Advisory Only. . Y Unless otherwise provided in this charter, or by state law, all boards, commissions, committees or other such bodies (herein referred to as "Boards ") shall be advisory only, and shall be for the purpose of assisting the mayor or council in the performance of their duties. • 11 11 Sec. 5.2. Advisory Boards — Establishment. The council may, by ordinance, establish or dissolve advisory boards, with such advisory functions and number of members as it may determine. Where any such board consists of persons serving as representatives of neighborhood organizations, duly elected as such pursuant to ordinances enacted from time to time regulating the recognition of such organizations and the qualifications, election, and term of office of representatives, the names of newly elected representatives shall be presented by the mayor to the council for approval. As to all other advisory boards, the members of such boards shall be appointed and removed by the mayor with the approval of the council. The terms of the members shall be as set by ordinance, for a maximum of six years. No person serving continuously on a board for a period in excess of six (6) years shall be eligible to reappointment to such board until he has been off such board for at least one (1) year. No elected official of the city or appointed city officer shall be 1 eligible for appointment to serve on advisory boards or commissions. (Ord. 2924- 06 § 9, 2006: amended 11 -5 -96) Sec. 5.3. Advisory Boards — Civil Service Commission and Library Board 1 Excluded. This article shall not be construed to apply to the Civil Service Commission or to the Library Board. Sec. 5.4. Planning Commission. There shall be a Planning Commission which shall be an advisory board pursuant to this article. It shall be the duty of such commission to make recommendations to the council, mayor and other city departments on the city's broad planning goals and policies and on such plans for the development of the city as its present and future needs may require. The commission shall also advise and make recommendations to the council, mayor and other city departments in connection with matters relating to the city's physical development and redevelopment as may be directed by ordinance. Sec. 5.5. Board of Adjustment. 1 Repealed by Ord: 2924 -06. Sec. 5.6. Board of Park Commissioners. There shall be a Board of Park Commissioners, which shall be an advisory board, and the function of which shall be to act in an advisory capacity to the mayor, city council, Department of Parks and Recreation and other city departments in respect to park and recreation matters. Sec. 5.7. Advisory Boards — Compensation. 1 No compensation will be paid to members of advisory boards, except as provided by ordinance. 1 1 12 • 1 ARTICLE VI. 1 LAW DEPARTMENT Sec. 6.1. City Attorney — Appointment, Removal - Full Time. The mayor shall appoint, and may remove, both with the approval of the council, a city attorney who shall be the chief legal officer of the city, and who shall serve as such on a full -time basis, with his office in the city hall. Sec. 6.2. City Attorney — Qualification. The city attorney shall be an attorney admitted and qualified to practice in the Supreme Court of the State of Washington, and who shall have practiced his profession within the State of Washington for not less than three (3) years next preceding his appointment. He shall be chosen by the mayor on the basis of his qualifications as an attorney and legal adviser, with special reference to his - actual experience in, or his knowledge of, municipal law and the duties of his 1 office. Sec. 6.3. City Attorney — Duties — Assistants. The city attorney shall be the legal adviser of the city officers; shall conduct all actions and proceedings not in charge of special counsel to which the city may be a party or in which it may be interested and shall perform such other legal services as may be required of him by the mayor. He shall keep a docket and record of all cases and of the proceedings therein; shall keep copies of all official written communications, and shall deliver the same to his successor in office. The city attorney shall have power to appoint and remove his professional staff legal assistants who shall also be attorneys admitted and qualified to practice in the Supreme Court of the State of Washington. t Sec. 6.4. Interim and Special Counsel. The mayor, with the approval of the council, may employ special counsel to take care of special matters, or to assist the city attorney, or to perform on an interim basis the duties of the city attorney, in the event of a vacancy in his office, until selection and appointment of a full -time city attorney can be made. ARTICLE VII. LIBRARY AND LIBRARY BOARD Sec. 7.1. Management. . The management of the public libraries of the City of Everett shall be vested in 1 a board of five (5) trustees, who shall be appointed by the mayor, with the ' consent of the council. 1 13 11 The board under this charter shall be a continuation of the board authorized by the preceding charter of the city, but such board shall hereafter be authorized and governed by the provisions of this charter. Sec. 7.2. Term — Eligibility. The term of the initial trustees under this charter shall be the same as those serving on the board upon the adoption of this charter. A new trustee shall be appointed annually to serve for five (5) years. No person serving continually on such board for a period in excess of four (4) years shall be eligible to reappointment to such board until he has been off the board for at least one year. Sec. 7.3. Vacancies. 1 Any vacancy shall be filled as soon as possible in the same manner as the members are regularly chosen, and in an unexpired term for the remainder of the term only. A trustee may be removed by vote of the council. Sec. 7.4. Organization. The board shall, on or before the first Monday in February of each year, meet and organize by the election of a president, and such other officers as they may deem necessary. They shall make and adopt such bylaws, rules and regulations for their own guidance as they may deem expedient. 1 Sec. 7.5. Duties and Powers. (a) The board shall select a library director, who shall possess such qualifications with respect to experience, ability and citizenship as the board may require, and who shall be subject to removal by the board. (b) The board shall adopt a system of examinations under which all appointments except that of library director shall be made. Under such system the library director shall have power, with consent of the board, to appoint all subordinate employees of the library. (c) The board shall have power to do all other things necessary for the management and control of the library. (Amended 11 -5 -96) Sec. 7.6. Funds. (a) The city council shall appropriate each year such funds as it shall deem necessary for the operation, maintenance and improvement of the library and its branches. (b) All funds received by the Library Board from other sources than taxation shall be deposited with the city treasurer to the credit of the library fund. (c) The Library Board shall certify to the clerk every expenditure made by it, and the same shall be audited and paid in the same manner as other claims against the city. Sec. 7.7. Report. The Library Board shall, at the close of each year, make a report to the council, stating the condition of its trust, with such statistics and information as the board may deem of importance. 14 1 1 1 . ARTICLE VIII. CIVIL SERVICE Sec. 8.1. Civil Service Commission. The Civil. Service Commission created by the preceding charter of this city is herewith retained and continued, but it shall hereafter be authorized and governed by the provisions of this charter. The terms of the initial members under 1 this charter shall be the same as those serving on the commission upon the adoption of this charter. The Civil Service Commission shall consist of three (3) members, who shall be appointed by the mayor and shall serve without compensation and whose term of r office shall be for six (6) years, with one term expiring every two (2) years. - No person serving continuously on a board for a period in excess of four (4) years shall be eligible to reappointment to such board until he has been off such board for at least one (1) year. No elected official or city officer or employee shall be eligible for appointment to such board. Sec. S.2. Removal — Vacancy - How Filled — Quorum. Any member of such commission may be removed from office for 1 incompetency, incompatibility or dereliction of duty, or malfeasance in office, or other good cause; provided, however, that no member of the commission shall be removed until charges have been preferred, in writing, due notice and full hearing had before City Council. The members of such commission shall devote due time and attention to the performance of the duties hereinafter specified and imposed upon them by this charter. Two members of such commission shall constitute a quorum, and votes of any two (2) members of such commission concurring shall be sufficient for the decision of all matters and the transaction of all business to be decided or transacted by the commission under or by virtue of the provisions of this charter. Any vacancy in the commission shall be filled by the mayor for the unexpired term. (Ord. 2924 - 06 § 11, 2006) 1 Sec. 8.3. Commission — Powers. • (a) The commission shall provide for the classification of all employees except day laborers and the appointive officers mentioned in the previous sections of this charter; for open, competitive examination as to fitness; for an eligibility list from which vacancies shall be filled; for a period of probation; and for promotion 1 on the basis of merit, experience and record. (b) Employees within the scope of this article who are in office at the time of the adoption of this charter shall retain their positions, unless removed for cause. 1 (c) The council may, by ordinance, confer upon the commission such further rights and duties as may be deemed necessary to enforce and carry out the principles of this article. 1 15 . 1 (d) The commission shall have such rights, powers and duties as to enable the city, through such commission, to substantially accomplish the purpose of Chapters 41.08 and 41.12 of the Revised Code of Washington. (Ord. 2924 -06 § 12, 2006) Sec. 8.4. Removals. 1 An employee may be suspended by the head of the department under which he is employed and thereupon his compensation shall cease. The officer making the order shall forthwith file with the Civil Service Commission a statement of the suspension and the reasons therefor. Within thirty (30) calendar days after his suspension, the employee so suspended may file an appeal with the Civil Service Commission. The commission shall thereupon cause notice of the time and place when and where a hearing on said appeal will be had, which hearing shall be within ten (10) days after such appeal shall have been taken. The commission shall cause written notice of the time and place when and where . such hearing shall be had to be served on such employee at least ten (10) business days before the hearing. All such hearings shall be public, and the employee shall have the right of legal counsel at such hearing. The commission shall render its decision in writing within five (5) business days after such hearing, and such decision shall be final. (Ord. 2924 -06 § 13, 2006) Sec. 8.5. Commission — Rules and Regulations. The commission shall have power to make rules and regulations for the conduct of its business and shall meet at least once monthly. The rules and regulations of the Civil Service Commission of Everett existing at the time of the adoption of the charter shall continue to exist under the charter until, or unless changed by or pursuant to this charter, state law, ordinance, or the commission. ARTICLE IX. ELECTIONS Sec. 9.1. Time — Place — Manner. 1 All general, primary, and special elections shall be non - partisan, and the time, place, and manner of calling, holding, and conducting such elections shall be as provided by the laws of the State of Washington; provided, however, that the first 1 election of officers, and the primary therefor, shall be held at the time prescribed in this charter for such election, and for the purposes and terms as set forth herein for such first election of officers. Sec. 9.2. Informalities in Election. No informality in conducting .a municipal election shall invalidate the same if it 1 shall have been conducted fairly and in substantial conformity with the requirements of this charter. 16 1 • 1 ARTICLE X. RECALL Sec. 10.1. Recall — Method. ' Any holder of an elective office may be recalled and removed therefrom by the qualified electors of the city as provided by state law. • Sec. 10.2. Recall - Ineligibility for Office. No person who has been removed from an office by recall, or who has resigned from such office while recall proceedings were pending against him, shall be appointed to any elected or appointed board, office or commission within one (1) year thereafter. (Ord. 2924 -06 § 14, 2006) 1 ARTICLE XI. DIRECT LEGISLATION 1 Sec. 11.1. General Power. The people of Everett, in addition to the method of legislation, otherwise herein provided, shall have power to direct legislation by the initiative and the. 1 referendum. Sec. 11.2. Initiative. 1 The initiative shall be exercised in the following manner: (a) Petition: A petition signed by qualified electors of the city, accompanied by the proposed legislation or measure in the form of a proposed ordinance and 1 requesting that such ordinance. be submitted to a vote of the people if not passed by the council, shall be filed with the clerk. (b) Clerk's Certificate: With ten (10) days after the filing of such petition the 1 clerk shall certify the number of votes cast at the last general municipal election and the number of valid signers of such petition, and shall present such certificate, petition and proposed ordinance to the council. ' (c) Action by Council Upon Petition - Fifteen Percentum Petition: If such petition be signed by qualified electors in number equal to fifteen percentum, of • the total number of votes cast at last preceding general municipal election, the 1 council, within ten (10) days after the receipt thereof, except as otherwise provided in this charter, shall either pass such ordinance without alteration, or submit it to popular vote at a special election which must be held within forty -five 1 (45) days after the date of the ordering thereof; provided, however, that if any other municipal election is to be held within sixty (60) days after the filing of the •1 1 17 r petition, said proposed ordinance shall be submitted without alteration to be voted upon at such election. (d) Less than Fifteen Percentum Petition: If such petition be signed by qualified electors in number equal to five and Tess than fifteen percentum of the total number of votes cast at the last preceding general election, and the said proposed ordinance be not passed by the council without alteration before the printing of ballots, including absentee ballots, for the approaching regular municipal election, it shall be submitted to popular vote at such election; provided, however, that such petition must be filed at least forty -five days before the date fixed for such election. Sec. 11.3. Referendum. r If, prior to the date when any ordinance shall take effect, a petition signed by qualified electors equal in number to ten percentum of the entire vote cast at the last preceding general municipal election, shall be filed with the clerk, protesting against the enactment of such ordinance, it shall be suspended from taking effect. Immediately upon the filing of the petition, the clerk shall do all things required in section 11.2. (b) of this article. Thereupon, the council shall immediately reconsider such ordinance; and, if it does not entirely repeal the same, shall submit it to popular vote at the next municipal election; or the council, in its discretion, may call a special election for that purpose; and such ordinance shall not take effect unless a majority of the qualified electors voting thereon at such election shall vote in favor thereof. 1 Sec. 11.4. Submission by Council. The council, of its own motion, may submit to popular vote for adoption or rejection at any election any proposed ordinance or measure, in the same manner and with the same force and effect as provided in this article for their submission on petition. 1 Sec. 11.5. Form of Ballots. The ballots used when voting upon such proposed and referred ordinances or measures shall set forth'their nature sufficiently to identify them, and shall set forth on separate lines the words "For the Ordinance" and "Against the Ordinance ". Sec. 11.6. Publication of Ordinances Notice ofElection. The clerk, before the date of election, shall cause to be published every proposed or referred ordinance once each week for two (2) consecutive weeks in the city official newspaper, and shall give such other notices and do such other things relative to such election as are required in general municipal elections. 1 Sec. 11.7. Adoption of Ordinances. If a majority of the qualified electors voting on any proposed ordinance or measure shall vote in favor thereof, the same shall thereupon, or at a time fixed therein, become effective as a law or as a mandatory order to the council. 1 18 1 Sec. 11.8. Inconsistent Ordinances. If the provisions of two or more proposed ordinances approved at the same 1 election are inconsistent, the ordinance receiving the highest vote shall prevail. Sec. 11.9. Repeal or Amendment of Ordinances Passed by the People. No ordinance which has been passed by the council upon a petition or adopted by popular vote, under the provisions of this article, shall be repealed or amended by the council within a period of two years following such enactment: 1 , Provided, that such ordinance may be amended within two years after such ordinance by a vote of a majority plus one of the council. But such ordinance may be amended or repealed at any general or special election by direct vote of the 1 people thereon. (Ord. 2924 -06 § 15, 2006) Sec. 11.10. Number of Elections. 1 There shall not be held under this article more than one (1) special election in any period of six (6) months. Sec. 11.11. Regulations by Council. The council, by ordinance, may make other and further regulations for carrying out the provisions of this article not inconsistent herewith. 1 c� ARTICLE XII. LOCAL IMPROVEMENTS Sec. 12.1. Local Improvements — Powers in Respect to. The city shall have power to create local improvement districts and provide for making local improvements, and' to levy and collect special assessments on property specially benefited thereby for paying the cost and expense of same or any portion thereof, as provided in the laws of the State of Washington and in the method and manner therein set forth. 1 ARTICLE XIII. — FRANCHISES 1 Sec. 13.1. Exclusive Franchises Prohibited. No exclusive franchise or privilege shall be granted for the use of any street or other place or any part thereof. Sec. 13.2. Franchises and Permits — Streets and Public Ways. • 1 19 1 Subject to the provisions of Subject p o this charter, this city shall have authority to permit and regulate under such restrictions and conditions as it may set by ordinance and to grant nonexclusive franchises for the use of public streets, bridges or other public ways, structures or places above or below the surface of the ground for railroads and other routes and facilities for public conveyances, for poles, conduits, tunnels, towers and structures, pipes and wires and appurtenances thereof for transmission and distribution of electrical energy, signals and other methods of communication, for gas, steam and liquid fuels, for water, sewer and other private and publicly owned and operated facilities for public service. The power hereby granted shall be in addition to the franchise authority granted by general law to cities. No franchise shall be granted, renewed, amended or extended except by ordinance. Sec. 13.3. Franchises — Bond. The city council may require a bond in a reasonable amount for any person or corporation obtaining a franchise from the city conditioned upon the faithful performance of the conditions and terms of the franchise and providing a recovery on the bond in case of failure to perform the terms and conditions of the franchise. Sec. 13.4. Franchises — Restrictions and Limitations. 1 Every grant of a franchise, right or privilege shall be subject to the right of the city council, or the people of the city acting for themselves by the initiative and referendum, at any time, subsequent to the grant, to repeal, amend or modify the said grant with due regard to the rights of the grantee and the interest of the public; and to cancel, forfeit and abrogate any such grant if the franchise granted thereby is not operated in full accordance with its provisions, or at all; and at any time during the grant to acquire, by purchase or condemnation, for the use of the city itself, all the property of the grantee within the limits of the public streets, at a fair and just value, which shall not include any valuation of the franchise itself, which shall thereupon terminate; and every ordinance making such grant shall contain a reservation of these rights of the city council, and of the people of the city acting for themselves by the initiative and referendum, to so repeal, amend or modify said ordinance, and to so cancel, forfeit and abrogate the grant, and to so acquire the property of the grantee in the public streets, as herein above set forth. Sec. 13.5. Renewals — Extensions. The city council shall not consider or grant any application for extension of the period of any franchise, nor any new franchise covering all or any substantial part of the rights or privileges of any existing franchise, until within three (3) years of the expiration of the existing grant. Sec. 13.6. Procedure for Assignment or Lease of Franchise Rights. No franchise heretofore or hereafter granted by the city shall ever be leased, assigned, or otherwise alienated without the express consent of the city by ordinance, and no dealing with the lessee or assignee on the part of the city to 1 20 1 I require the performance of any act or payment of any compensation by the q p Y p Y Y p Y ( lessee or assignee shall be deemed to operate as such consent. ' Sec. 13.7. Term. No franchise shall be granted for a longer period than twenty -five (25) years. ' Sec. 13.8. Compe to City. No franchise shall be granted without provision f or proper compensation to the 1 city therefor. Sec. 13.9. Publication. - I Proposed ordinances for the grant, extension, alteration or renewal of franchises shall be filed with the clerk and published once a week for four (4) successive weeks in the city official newspaper before they shall be placed on I expenses of advertisin the proposed ordinance first reading by the council. Every applicant for a fra nchise shall bear all ARTICLE XIV. I . FINANCE AND TAXATION *1 Sec. 14.1. Fiscal Year. The city's fiscal,year shall be the calendar year. Sec. 14.2. Taxation, Indebtedness and Bonds. - The city shall have all powers granted to, or not withheld from cities of like ' class by the constitution and laws of the state in the levying and collecting of taxes, incurring of indebtedness, issuance, transfer, refunding, and sale of bonds, and any lawful financing procedures or methods. ' Sec. 14.3. Budgets and Budgetary Procedures. • The budget shall be prepared and acted upon in the manner and within the - time limit prescribed by state law. The council may prescribe budget procedures I supplemental to, and not inconsistent.with, the provisions of the state law and this charter. • 1 Sec. 14.4. Budget Control. . At the beginning of each quarterly period during the fiscal year, and more often I if required by the council, the mayor shall submit to the council data showing the relation between the estimated income and expenses and actual income and expenses to date; and if it shall appear that the income is less than anticipated, - I the council may reduce appropriation, except amounts required to meet contractual obligations and•for debt, interest, and other fixed charges, to 'such 'a . degree as may be necessary to keep expenditures within the cash. income.. • 21 1 Sec. 14.5. Treasurer. 1 (a) The treasurer shall, before entering upon his duties, give to the city a bond executed by some surety company authorized to do business in the State of Washington, in such sum as the council shall prescribe by ordinance, and the premium shall be prescribed by ordinance, and the premium shall be paid by the city. (b) The treasurer shall establish internal control policies based on the standards promulgated by the American Institute of Certified Public Accountants and the federal Office of Management and Budget to ensure that resources are guarded against waste, loss and misuse; that reliable data is obtained, maintained, and fairly disclosed in financial statements; and resource use is consistent with laws, regulations, and policies. (c) Should there come into the hands of any other officer or employee of the city any money belonging to the city, he shall immediately pay the same to the treasurer, taking a receipt therefor. (Ord. 2924 -06 § 16 (part), 2006) 1 Sec. 14.6. Disbursements of Funds. Repealed by Ord. 2924 -06. Sec. 14.7. Deposits and Depositaries. -. All funds received by the city treasurer shall be deposited in a depositary selected and qualified in accordance with state law. Sec. 14.8. Checks on Depositaries. 1 No disbursement shall be made by the treasurer except by check, electronic funds transfer or other form of funds transfer approved by city council, on a city depository, and every such check or funds transfer for an amount greater than $1,000.00 shall be countersigned or approved by the mayor; provided, however, that the mayor may authorize the treasurer or designee to so countersign checks or approve such funds transfer, such authorization to be in writing and in duplicate, one copy of which shall be delivered to the treasurer, and one to the depository upon which such checks or funds transfer are to be drawn. City council shall review said amount at least once every five (5) years and adjust said amount as necessary. Every fund transfer shall have a reference number. The treasurer shall make a daily statement to the clerk of the number and amount of each check issued. (Ord. 2924 -06 § 16 (part), 2006: amended 11 -5- 96) Sec. 14.9. Monthly Statements. 1 The account of the city in each depositary shall be in the name of the "City of Everett". Each depositary shall render a monthly statement of the credits and debits to the account of the city, and such monthly statement; together with the canceled vouchers, shall be delivered to the clerk. The clerk shall compare and reconcile all such statements of account with the records in his office and shall report to the mayor that such statements are correct or otherwise, and when found correct the statement and vouchers shall be delivered by the clerk to the city treasurer. 22 1 - • Sec. 14.10. Officials Not to Buy or Sell Bonds or Warrants. Repealed by Ord. 2924 -06. 1 Sec. 14.11. Additional Regulations. The council may make such regulations, not inconsistent with the provisions of r this article, as will further safeguard the funds of the city. 1 ARTICLE XV. ' MISCELLANEOUS II Sec. 15.1. Power to Subpoena Witnesses. The council shall have the power to enforce the attendance of witnesses and the production of all books, papers, documents and files, and to administer oaths r in all matters relating to the administration of city affairs or business. Sec. 15.2. Municipal Construction Plants. ' The city shall have power to construct and acquire in any legal way, and to maintain and operate works, plants and facilities for the purpose of doing any and all municipal work by the direct employment of labor under the supervision of the ' city, and may use such works, plants and facilities and the product thereof for the purpose of doing such municipal work of all kinds, and shall have the power to sell such product for use in the construction of municipal improvements of all ' kinds. Sec. 15.3. Excavation or Structure upon Public Property. ' No person or corporation shall construct any areaway, stairway, excavation or structure upon public property without a permit from the council. Such structure shall conform to plans approved by the city engineer and the owners shall be r responsible for the safe conditions thereof. Sec. 15.4. Claims Against the City. ' All claims for damages or injuries against the city arising out of tortious conduct shall be presented in writing and filed with the clerk of the City of Everett. Such claims shall accurately state the time, place, source, nature and extent of the ' alleged damage or injuries and give the actual residence of the claimant by street and number at the date of presenting such claim and for six (6) months immediately prior to the time of such claim for damages accrued, and shall be I verified by affidavit of the claimant or such other person as may be authorized by law to verify such claims to the effect that the same is true. No action shall be commenced against the city for damages arising out of tortious conduct until a r claim has been presented to and filed with the clerk of the City of Everett. The omission to present any such claim shall be a bar to any action against the city therefor. The requirements to file a claim shall not affect the applicable period of 1 limitations within which an action must be commenced, but such period of r 23 1 limitations shall begin and shall continue to run as if no claim were required. Neither the council, nor any department, board, officer, or authority, shall allow, make valid, or in any manner recognize any demand against the city which was not at the time of its creation a valid claim against the city; nor shall they or any of them ever allow or authorize to be paid any demand which without such action, would be invalid or which shall have been barred by any statute of limitations or for which the city was never liable; and any such action shall be null and void. (Amended 11 -2 -82) 1 Sec. 15.5. Police. No person shall be appointed as a regular or special policeman of the City of Everett without approval by the council at the meeting thereof next ensuring the date of such appointment, which appointment shall be published in the city official newspaper. Sec. 15.6. Codification of Ordinances. 1 As soon as can reasonably be done after the close of each calendar year, the mayor shall cause all general ordinances in force at the end of the year to be codified and, together with this charter, and any amendments, to be published as provided by ordinance. 1 Sec. 15.7. Retirement and Disability Pension. The adoption of this charter shall not prejudice or alter any retirement or disability pension system or rights for officers and employees of the city, and the council shall continue to be authorized to adopt a retirement and disability pension system provided by state law. Sec. 15.8. Sale or Lease of Property. 1 In addition to the powers accorded the city under the laws and constitution of the state of Washington with respect to the ownership and disposition of property, the Council may by ordinance provide regulation for the sale or lease of city property. (Ord. 2924 -06 § 18, 2006: amended 11 -5 -96; amended 11 -7 -78) Sec. 15.9. Gender References, Correction of Scrivener's Errors. 1 The City Clerk and the codifiers of this Charter are authorized to make necessary corrections to this Charter including, but not limited to, deletion of the 111 use of terms which are masculine or feminine so that such references shall apply to the opposite gender also, unless the context of such charter provision shall require otherwise, the correction of scrivener, clerical and typographical errors, references, Charter numbering, Section /subsection numbers and any references thereto. (Ord. 2924 -06 § 19, 2006: amended 11 -7 -78) 1 1 1 24 1 r ARTICLE XVI. • AMENDMENTS 1 Sec. 16.1. Amendments Proposed by the Council. The council may at any general or special municipal election submit in the form of an ordinance any proposed amendment or amendments to this charter, to be voted upon at such election by the electors, and if a majority of the electors voting on any such amendment shall ratify the same, the mayor shall proclaim such amendment or amendments a part of this charter. Sec. 16.2. Amendments Proposed by Petition. r Whenever a. petition signed by qualified electors, in number equal to twenty - percentum of the votes cast at the last general or special municipal election, be I presented to the council accompanied by a proposed amendment to the charter, requesting that such proposed amendment be submitted to a vote of the people at the next general or special municipal election occurring forty -five (45) days or ' more after such petition is filed, and if approved by a majority of the electors voting upon it, such amendment shall become a part of this charter; provided, that when any amendment shall have been adopted by a vote of the people as in ' this section provided, the mayor shall, within five (5) days thereafter, proclaim such amendment a part of this charter, and shall then cause such proclamation to be published in the city official newspaper; provided, further, that if more than one amendment be submitted at any election, the same shall be submitted in such manner that each proposed amendment may be voted upon separately without prejudice to others. • Sec. 16.3. Amendments — Publications of. All proposed amendments of this charter shall be published once a week for ' two (2) successive weeks in the city official newspaper before the election at which they are submitted to be voted upon. Sec. 16.4. Provision by Council. The council may make such other further provisions with reference to amendments, not inconsistent with this article, as it may deem proper. Sec. 16.5. Periodic Review of Charter. The city shall convene, not later than February 15, 2006, and at least once within each ten -year period thereafter, a Charter Review Committee, which shall review the charter of the City of Everett and recommend to the city council such additions, deletions, changes and amendments as the committee shall deem 1 appropriate. The . committee shall be composed of not Tess than seven nor more than ten members appointed by the mayor, and a like number appointed by city council, plus one member to be selected, as its first item of business, by the members of the committee thus appointed. This provision is in addition to such 25 r procedures as may be otherwise established by law for the election of 1 freeholders for the purpose of framing a charter. (Added 11 -5 -96) ARTICLE XVII. TRANSITIONAL PROVISIONS AND SAVINGS PROVISIONS Sec. 17.1. Interim Government — Transition Date to Mayor — Council Plan. Repealed by Ord. 2924 -06. Sec. 17.2. Election of First Officers — Assumption of Duties. Repealed by Ord. 2924 -06. Sec. 17.3. Abolished Offices to Cease — Effective Date. 1 Repealed by Ord. 2924 -06. Sec. 17.4. Continuation of Ordinances. 1 Repealed by Ord. 2924 -06. Sec. 17.5. Alternate First Election and Effective Date. Repealed by Ord. 2924 -06. FREEHOLDERS' CERTIFICATE 1 STATE OF WASHINGTON ) COUNTY OF SNOHOMISH )ss CITY OF EVERETT ) We, the undersigned, Freeholders of the City of Everett elected on the 7th day of November, 1967, pursuant to the laws of the State of Washington, for the purpose of preparing a new Charter for the City, do hereby certify that the foregoing Charter has been prepared by us and is hereby submitted as the Charter for the City of Everett. IN WITNESS WHEREOF, we have hereunto set our hands this 9TH day of April, 1968. Wm. H. Lucas, Chairman Julian C. Dewell Wm. W. Dobler, V. Chairman Robert M. Humphrey John L. Sugars, Rec. Sec. C. Arvid Johnson • Esther M. Kallstrom, Cor. Sec. C. P. Koutlas Virgina M. Miller, Treas. Moe Michelson Thomas M: Borgford Leonard C. Rodland Tom Callaghan Eldon M. Schalka Del Thompson Subscribed and sworn to before me this 9TH day of April, 1968. S /Edward J. Novack Notary Public in and for the State of Washington, residing at Everett. 26 1 1 Charter of the City of Seattle 1 Text as last amended by the voters November 6, 2007 1 1 TABLE OF CONTENTS PREAMBLE I ARTICLE I General Rights and Liabilities ARTICLE II (Reserved) ARTICLE III Departments of Government 1 ARTICLE IV Legislative Department ARTICLE V Executive Department ARTICLE VI Department of Police ARTICLE VII Contracting Requirements ARTICLE VIII Financial and Clerical ARTICLE IX (Reserved) 1 ARTICLE X Fire Department ARTICLE XI Department of Parks ARTICLE XII The Library Depal tment 1 ARTICLE XIII The Law Department ARTICLE XIV City Planning Commission ARTICLE XV'Harbor Department 1 ARTICLE XVI Personnel System and Civil Service ARTICLE XVII Salaries and Bonds ARTICLE XVIII Elections 1 ARTICLE XIX Officers; Terms and Vacancies ARTICLE XX Charter Amendments ARTICLE XXI Streets Upon Tide Lands and Sea and Lake Shores 1 ARTICLE XXII Miscellaneous Subjects ARTICLE XXIII City Transit Commission 1 PREAMBLE Under authority conferred by the Constitution of the State of Washington, the People of ' the City of Seattle enact this Charter as the Law of the City for the purpose of protecting and enhancing the health, safety, environment, and general welfare of the people; to I enable municipal government to provide services and meet the needs of the people efficiently; to allow fair and equitable participation of all persons in the affairs of the City; to provide for transparency, accountability, and ethics in governance and civil ' service; to foster fiscal responsibility; to promote prosperity and to meet the broad needs for a healthy, growing City. (As amended at November 6, 2007 election.) 1 1 ARTICLE I. General Rights and Liabilities Section 1. MUNICIPALITY; NAME, BASIC POWERS: 1 The municipal corporation, now existing and known as The City of Seattle, shall remain and continue a body politic and corporate in name and in fact, by the name "The City of Seattle," and by that name shall have perpetual succession, may sue and defend in all matters and proceedings whatever, have and use a common seal, and alter the same at pleasure, and may purchase, receive, hold and enjoy real and personal property within and without its corporate limits, and may sell, convey, mortgage and dispose of the same for the common benefit, and may receive bequests, devices, gifts and donations of all kinds within and without the City for its own use and benefit, or in trust for charitable or other public purposes, and do all acts necessary to carry out the purposes of such gifts, bequests, devices and donations, with power to manage, sell, lease or otherwise dispose of the same. No gifts of munitions, military supplies, gas or police equipment shall be accepted by The City of Seattle without approval by ordinance. The public buildings, lands and property, all rights of property and rights of action, all moneys, revenues and income belonging or appertaining to The City of Seattle, are hereby declared to be vested in said City and it shall continue to have, hold and enjoy the same subject to all obligations, debts, liabilities, dues and duties, of the existing municipality. Suits, actions, and proceedings may be brought in the name of The City of Seattle for the recovery of any property, or for the enforcement of any rights of or contracts with said City, whether made or arising or accruing before or after the adoption of this Charter. All contracts legally entered into by The City of Seattle, by virtue of any existing law, shall remain valid and be binding to the extent only that they are now valid and binding upon The City of Seattle. 1 Notes: Cases: The City may grant a railroad a right-of-way or use o art o .f of .f its Cedar River transmission line. State ex rel. Kent Lumber Co. v. Superior Court, 46 Wash. 516, 90 Pac. 663 (1907). 1 ARTICLE I. General Rights and Liabilities Sec. 2. CONTINUATION OF FORMER PROVISIONS: 1 All provisions of this Charter substantially identical with provisions of the Charter superseded hereby, shall be construed as continuations of such former provisions, and not 1 as new enactments. In all cases of claims for damages against the city, on which part of the time allowed for presenting and filing the same with the City Clerk has elapsed at the time of the adoption of this Charter, the portion of time elapsed shall be counted as a part of the time fixed by this Charter for presenting and filing such claims. Notes: 1 2 1 I Cases: The 1946 City Charter revising the 1896 City Charter became the sole and tJ' g ty complete organic law of the City, superseding the older charter, including its 1 amendments, and ordinances inconsistent with the new Charter. State ex rel. Thorp v. Devin, 26 Wn.2d 333, 173 P.2d 994 (1946).. , 1 ARTICLE II. Reserved ' 1 Notes: (Article II, relating to Territory and Boundary, deleted at November 2, 1999 election.) ARTICLE III. Departments of Government Section 1. DEPARTMENTS: ' The Legislative Authority of the City may by ordinance create, consolidate and reorganize the departments, divisions and offices of the City for the conduct of municipal I functions except as such creation, consolidation or reorganization shall be precluded by other provisions of-this Charter. (As amended at November 8, 1977 election.). 1 ARTICLE III. Departments of Government , Sec. 2. 1 The said departments; with the exception of the Judicial, Library and Transportation Departments, so long as they are constituted in accordance with the provisions of state I law, shall be constituted as hereinafter provided, subject only to such changes as are expressly authorized by this Charter. I ARTICLE III. Departments of Government . Sec. 3. HEADS OF DEPARTMENTS; OFFICIAL COMMUNICATIONS: I The Mayor shall head the Executive Department; the President of the City Council, the Legislative Department; the Librarian, the Library Department, and the members of the commissions or boards created by this Charter, and the principal unsubordinated officers I in departments wherein there is no commission or board shall head their respective departments, but no head of department shall have or exercise any power or authority not provided for elsewhere in this Charter. Official communications between different I . departments, except as in this. Charter otherwise provided, shall be through, or by authority of, the heads of the departments. . • 1 ARTICLE IV. Legislative Department. Section 1. A. LEGISLATIVE POWER, WHERE VESTED: 1 The legislative powers of The City of Seattle shall be vested in a Mayor and City Council, who shall have such powers as are provided for by this Charter; but the power to propose for themselves any ordinance dealing with any matter within the realm of local 3 1 affairs r municipal o nicipal business, and to enact or reject the same at the polls, independent of the Mayor and the City Council, is also reserved by the people of The City of Seattle, and provision made for the exercise of such reserved power, and there is further reserved by and provision made for the exercise by the people of the power, at their option, to require submission to the vote of the qualified electors and thereby to approve or reject at the polls any ordinance, or any section, item or part of any ordinance dealing with any matter within the realm of local affairs or municipal business, which may have passed the City Council and Mayor, acting in the usual prescribed manner as the ordinary legislative authority. Notes: Cases: An ordinance referred to the people by the City Council is suspended until the election. Stetson v. Seattle, 74 Wash. 606, 134 Pac. 494 (1913). Seattle has power under Article XI, 6C 10 of the Washington Constitution to provide for initiative and referendum II in its City Charter. Hartig v. Seattle, 53 Wash. 432, 102 Pac. 408 (1909). ARTICLE IV. Legislative Department. Section 1. B. INITIATIVE AND REFERENDUM; HOW EXERCISED; PETITIONS; VERIFICATION OF SIGNATURES; COMPLETION OF PETITION, CONSIDERATION IN COUNCIL: The first power reserved by the people is the initiative. It may be exercised on petition of a number of registered voters equal to not less than ten (10) percent of the total number of votes cast for the office of Mayor at the last preceding municipal election, proposing and asking for the enactment as an ordinance of a bill or measure, the full text of which shall be included in the petition. Prior to circulation for signatures, such petition shall be filed with the City Clerk in the form prescribed by ordinance, and by such officer assigned a serial number, dated, and approved or rejected as to form, and the petitioner so notified within five (5) days after such fling. Signed petitions shall be filed with the City Clerk . within one hundred eighty (180) days after the date of approval of the form of such petitions. Upon such filing, the City Clerk shall convey the signed petition to the officer 1 responsible for the verification of the sufficiencyof the signatures to the petition under state law for such verification, and transmit it, together with his or her report thereon to the City Council at a regular meeting not more than twenty (20) days after the City Clerk 1 has received verification of the sufficiency of such petition signatures from the officer responsible for verification of the sufficiency of signatures under state law, and such transmission shall be the introduction of the initiative bill or measure in the City Council. If the officer responsible for verification of the sufficiency of signatures under state law • notifies the City Clerk that any petition, which, upon filing had a sufficient number of signatures, has insufficient verified signatures, the City Clerk shall notify the principal petitioners, and an additional twenty (20) days shall be allowed them in which to . complete such petition to the required percentage. Consideration of such initiative petition shall take precedence over all other business before the City Council, except appropriation bills and emergency measures. (As amended at November 5, 2002 election.) 4 1 1 Notes: 1 Cases: A voter may withdraw his or her signature on a referendum petition until the comptroller makes his report verifying the sufficiency of signatures to the City Council. 1 State ex rel. Mohr v. Seattle, 59. Wash. 68, 109 Pac. 309 (1910). • ARTICLE IV. Legislative Department. I Section 1. C. COUNCIL MAY ENACT OR REJECT BUT NOT MODIFY; COUNCIL MAY PASS SUBSTITUTE: 1 The City Council may enact, or reject, any initiative bill or measure, but shall not amend or modify the same. It may, however, after rejection of any initiative bill or measure, I propose and pass a different one dealing with the same subject. ARTICLE IV. Legislative Department. I Section 1. D. WHEN - REJECTED MEASURE AND SUBSTITUTE SUBMITTED TO PEOPLE; GENERAL AND SPECIAL ELECTIONS: I If the City Council rejects any initiative measure, or shall during forty -five (45) days after receipt thereof have failed to take final action thereon, or shall have passed a different measure dealing with the same subject, the said rejected initiative measure and such I different measure dealing with the same subject, if any has been passed, shall be taken in charge by the City Clerk and the City Council shall order the measure submitted to the qualified electors for approval or rejection at the next regularly scheduled election, I irrespective of whether it is a state or municipal election or a primary or general election; but the City Council may in its discretion designate submission be at a general election rather than a primary or call an earlier special election. (As amended at the November 7, 1 2006 election) . ARTICLE ,IV. Legislative Department. - _... , 1 Section 1. E. WHEN A SPECIAL ELECTION REQUIRED: If an initiative petition shall be signed by a number of qualified voters of not less than I twenty (20) percent of the total number of votes cast for the office of Mayor at the last preceding municipal election, or shall at any time be strengthened in qualified signatures up to said percentage, then the City Council shall provide for special election upon said 1 subject, to be held within (60) days from the proof of sufficiency of the percentage of signatures. 1 ARTICLE IV. Legislative Department. Section 1. F. MEASURES ADOPTED TO BECOME ORDINANCES, WHEN: 1 Any measure thus submitted to the vote of the people, which shall receive in its favor a majority of all the votes,cast for and against the same, shall become an ordinance, and be f in full force and effect from and after proclamation by the Mayor, which shall be made, I 5 1 and published in the City official newspaper, within five (5) days after certification of the results of the election. Provided that if such adopted ordinance contemplates any expenditure which is not included in the current budget, or which is not to be paid from an existing bond issue or which eliminates or reduces an existing revenue; such expenditure or elimination shall not be lawful until after the next succeeding budget shall take effect; Provided, further, that the above restriction shall not be operative when less than Twenty Thousand ($20,000.00) Dollars is involved. (As amended at November 7, 2006 election.) - Notes: Cases: An initiative reducing the hours of work of City firemen could first take effect with 1 the next budget year. State ex rel. Thorp v. Devin, 26 Wn.2d 333, 173 P.2d 994 (1946). ARTICLE IV. Legislative Department. Section 1. G. SUBMISSION OF SUBSTITUTE AND INITIATIVE MEASURES; IF BOTH APPROVED, THAT HAVING HIGHEST VOTE ADOPTED: In case the City Council shall, after rejection of the initiative measure, have passed a different measure, dealing with the same subject, it shall be submitted at the same election with the initiative measure and the vote of the qualified electors also taken for and against the same, and if both such measures be approved by a majority vote, if they be conflicting in any particular, then the one receiving the highest number of affirmative votes shall thereby be adopted, and the other shall be considered rejected. ARTICLE IV. Legislative Department. Section 1. H. POWER OF SIMPLE REFERENDUM AS TO ORDINANCES; EXCEPTIONS; BY PETITION OR BY COUNCIL: The second power reserved by the people is the simple referendum, and it may be exercised and ordered (except as to ordinances necessary for the immediate preservation of the public peace, health or safety, or providing for the approval of local improvement 1 assessment rolls, or for the issuance of local improvement bonds), as to any ordinance which has passed the City Council and Mayor (acting in their usual prescribed manner as the ordinary legislative authority of the City), either upon a petition signed by a number of registered voters equal to not less than eight (8) percent of the total number of votes • cast for the office of Mayor at the last preceding municipal election, or by the City Council itself without petition. 1 Notes: Ordinance changing street name was an administrative act immune from referendum. Heider v. City of Seattle, 100 Wn 2d 874, 675 P2d 597 (1984). Cases: Where a grant of power is to the corporate authorities and not to the City as a corporate entity, an ordinance which does no more than fix rates charged by a municipally owned water system is not subject to the referendum provisions of the City Charter, for the effect 6 1 1 thereof would be to limit the ower conferred by statute. State ex rel. Haas v. Pomeroy, .f Y y. r 50 Wn.2d 23, 308 P.2d 684 (1957). I ARTICLE IV. Legislative Department. g P Section 1. I. EMERGENCY MEASURES, WHAT TO CONTAIN; VOTE 1 REQUIRED TO PASS: When an emergency exists in which it is necessary for the immediate preservation of the I public peace, health or safety, that an ordinance shall become effective without delay, such emergency and necessity, and the facts creating the same, shall be stated in one I section of the bill, and it shall not become an ordinance unless on its final passage by the City Council at least three - fourths (3/4) of all the members vote in its favor (the vote being taken by yeas and nays, and the names of those voting for and against being I _ entered in the journal), and it shall have been approved by the Mayor, whereupon it shall be of full force and effect. I ARTICLE IV. Legislative Department. . Section 1. J. REFERENDUM BY PETITION; EFFECT OF; VERIFICATION OF SIGNATURES: 1 The referendum may be invoked by petition bearing the signatures of the required percentage of qualified voters as to any non - emergency law or ordinance or any section, I item or part of any such law or ordinance, which petition shall be filed with the City Clerk before the day fixed for the taking effect of the said law or ordinance, which shall in no case be less than thirty (30) days after the final favorable action thereon by the I Mayor and City Council, acting in their usual prescribed manner as the ordinary legislative authority of the City, and the filing of such referendum petition as to any such ordinance or section, item or part thereof, shall operate to suspend the taking effect of the I same, or any further action thereon, except as herein provided, viz: The City Clerk shall verify the sufficiency of the signatures to the petition and transmit it, together with his or her report thereon, to the City. Council, at a regular meeting not less than twenty (20) days 1 after the filing of the petition. (As amended at November 7, 2006 election.) Notes: I Cases: The word "file" as used in this Charter provision means delivery of the P etition to the City Comptroller and its receipt by him. Seattle Voters v. Erlandson, 9 Wn.App. 409, 1 512 P.2d 766 (1973). ARTICLE IV. Legislative Department. 1 Section 1. K. SUBMISSION AT GENERAL OR SPECIAL ELECTION: The City Council shall thereupon provide for submitting the said ordinance or section, 1 item or part thereof, to the vote of the qualified electors for ratification or rejection, either at the next regularly scheduled election, irrespective of whether it is a state or municipal election, or at a sooner special election, as the City Council in its discretion may provide. 1 1 1 Notes: Cases: Referendum petitions must be filed by the thirtieth day, rather than on the thirtieth day. Romerein v. Erlandson, 70 Wn.2d 932, 425 P.2d 911 (1967). ARTICLE IV. Legislative Department. Section 1. L. NOTICE AND CONDUCT OF ELECTION: Official publication shall be made, notices of election given, and the manner and conduct of election, the preparation of the official ballots, the counting and canvassing of the votes, and the certifying of the returns of the election, shall in the exercise of both the initiative and referendum be as provided by law for the submission of propositions to the voters. 1 ARTICLE IV. Legislative Department. Section 1. M. IF ORDINANCE APPROVED, WHEN TO TAKE EFFECT: 1 If the ordinance thus submitted to the referendum shall receive in its favor a majority of all the votes cast for and against the same, it shall be in full force and effect from and after the proclamation by the mayor, which shall be made and published in the City official newspaper, within five (5) days after the election. Provided, however, that if the ordinance itself shall designate a subsequent date for taking effect, the proclamation shall name the said date as the time for taking effect. If the ordinance shall fail to receive the majority vote in its favor, it shall be considered as rejected and shall be of no force or effect. 1 ARTICLE IV. Legislative Department. Section 1. N. AMENDMENT OR REPEAL OF INITIATED AND REFERRED ORDINANCES: No ordinance so initiated or referred and approved shall be amended or repealed by the 1 City Council within a period of two (2) years following such approval. (As amended at November 6, 1973 election, and at September 15, 1981 election.) Notes: 1. Cross - reference: For further provisions regarding initiative and referendum petitions, 1 see Title 2 of this Code. Cases: The City Council may not amend or repeal a referendum ordinance while restriction applies, but may refer the measure to the people. State ex rel. Knez v. Seattle, 176 Wash. 283, 28 P.2d 1020 and 33 P.2d 905 (1934). 1 ARTICLE IV. Legislative Department. Sec. 2. CITY COUNCIL, MEMBERS: 1 8 1 The City Council shall consist of nine (9) members, elected from the City at large. 1 ARTICLE IV. Legislative Department. Sec. 2. Subdivision A. RESERVED. • Notes: • (Subdivision A, relating to Date and Terms of Elections, deleted at November 2, 1999 election.) 1 ARTICLE IV. Legislative Department. Sec. 2. Subdivision B. ELIGIBILITY: 1 . No person shall be eligible for membership in the City Council unless he or she shall be a citizen of the United States and a qualified elector of the State of Washington and a registered voter of The City of Seattle at the time of filing his or her declaration of candidacy. ARTICLE IV. Legislative Department. Sec. 2. Subdivision C. POWERS - LIMITATIONS - RECALL: All the powers of the City Council shall be exercised subject to initiative and referendum powers of the people as set forth herein. The members of the City Council shall be subject to recall in the manner provided by law. (As amended at November 4, 1969. election.) ARTICLE IV. Legislative Department. 1 Sec. 3. QUORUM: Subsection A. IN GENERAL: (1) A quorum shall consist of a majority of all nine Councilmembers, except as set forth majority p in Subsection B of this Section 3. (2) Less than a quorum of Councilmembers may adjourn from day to day, or until the Y J Y Y next regular meeting, and may compel the attendance of absent members in such a manner and under such penalties as the Council shall prescribe. Subsection B. SPECIAL CIRCUMSTANCES: Under anyof the following 11 circumstances, a quorum shall be determined under this Subsection B: (1) Except. when Subsection B(2) applies, in order to select a person to fill a vacancy on the City Council under Article XIX of this Charter, a quorum shall consist of a majority of those Councilmembers holding office at the time the Council makes the selection, and 1 9 1 for such u ose a majority of such members holding office at the time the Council p � J Y g makes the selection shall constitute a majority of the Council. (2) During a declared emergency O g ed e e gency under Article V, Section 2 of this Charter, a quorum shall for all purposes consist of a majority of all those Councilmembers who are available to participate in Council meetings and are capable of performing the duties of office, and a majority of such members available to participate in Council meetings and capable of performing the duties of office shall constitute a majority of the Council. (As amended at November 7, 2006 election.) ARTICLE IV. Legislative Department. Sec. 4. POWERS AND DUTIES OF COUNCIL: The City Council shall- First. ELECTION OF PRESIDENT: Biennially, and also whenever a vacancy occurs, choose from its members its President, who shall perform the usual functions of a presiding officer, and who may be removed by the affirmative vote of not less than two - thirds of all the members. Second. RULES: Establish rules for its proceedings. Third. JOURNAL; VOTE: Keep a public journal of its proceedings, and take yeas and nays on any question on demand of any two members and enter the same in the journal. Fourth. PUNISHMENT AND EXPULSION OF MEMBERS: Have authority to punish its members and others for disorderly or otherwise contemptuous behavior in its presence, and to expel for such behavior in its presence any member by the affirmative vote of not less than two - thirds of its members, specifying in the order of expulsion the cause thereof. Fifth. COMMITTEES: Have authority to create and use committees of its members to facilitate its legislative functions; Provided, that no committee of the Council and no members shall have or exercise executive or administrative power, except as otherwise expressly provided in this Charter. Sixth. ATTENDANCE OF WITNESSES AND PRODUCTION OF PAPERS: Have authority to compel attendance of witnesses as well as production of papers and things pertinent to business before it or any of its committees. Notes: Cases: The City Council may authorize a conditional use and a variance sitting in its 1 administrative or quasi-judicial capacity by resolution rather than by ordinance. State ex rel. Morrison v. Seattle, 6 Wn.App 181, 492 P.2d 1078 (1971). ARTICLE IV. Legislative Department. Sec. 5. FINANCE , COMMITTEE, POWERS AND DUTIES: The City Council shall have a Finance Committee of not less than three members. Such Committee may investigate the transactions and accounts of all officers having the collection, custody and disbursement of public money, or having the power to approve, allow or audit demands on the treasury; it shall have free access to any records, books and papers in all public officess and may administer oaths or affirmations, and examine 10 1 1 I . witnesses and compel attendance attenda ce by subpoena. Said Committee shall keep a record of its 1 proceedings, with the names of the witnesses examined, and a substantial statement of the I evidence taken. If from any examination made by said Committee it shall appear that a misdemeanor in office or a defalcation has been committed by any officer, said Committee shall immediately report to the Mayor, who, if he or she approve such report, shall forthwith suspend such officer, and take the proper steps under this Charter to remove him or her or to his or her removal. Any police officer shall execute the process and orders of said Committee. . ARTICLE IV. Legislative Department. I Sec. 6. REGULAR MEETINGS: Regular meeting dates shall be set by the Council by rule. All sessions shall be public and I the Council shall not meet in any other place than its regular place of meeting except when permitted by state law in the event of an emergency or disaster: SPECIAL MEETINGS: The Mayor, the President of the City Council, or any three Council- members, may call a special meeting of the Council. (As amended at November 7, 2006 election.) 11 Notes: . Cases: This section was cited as a procedural safeguard in the decision- making process in upholding the delegation of authority to the City by RCW 35.92.050 to set water rates. Earle M Jorgensen Co. v. Seattle, 99 Wn.2d 861, 665 P.2d 1328 (1983). 1. ARTICLE IV. Legislative Department. Sec. 7. LEGISLATIVE ACTS BY ORDINANCE; SUBJECT MATTER; TITLE; 1 ENACTING CLAUSE; Every legislative act of said City shall be by ordinance. Every ordinance shall be clearly I entitled and shall contain but one subject, which shall be clearly expressed in its title. The enacting clause of every ordinance shall be: "Be it ordained by The City of Seattle as follows:" 1 Notes: 1 Cases: The creation of a department of the Municipal Court could not be accomplished simply by,appropriating funds therefor in the city's annual budgets. In Re 113 • Wn.2d 178, 776 P.2d 1336 (1989). A motion of the City Council passed as a legislative 1 act was an unlawful exercise of legislative authority. Puget Sound Alumni of Kappa Sigma v. Seattle, 70 Wn.2d 222, 422 P.2d 799 (1967).. An ordinance to connect the Lake Washington Ship Canal and Fort Lawton contains a single subject although it condemns I streets in five detached tracts of land. In Re South Shilshole Place, 61 Wash. 246, 112 Pac. 228 (1910). An ordinance condemning property for streets and parkways contains a single subject. Seattle v. Sylvester -Cowan Investment Co., 55 Wash. 659, 104 Pac. 1121 11 (1909). An ordinance may provide for licensing and regulating a variety of trades and businesses as one object under the broad title of licensing and regulating certain trades. Seattle v. Barto, 31 Wash. 141, 112 Pac. 228 (1903). ARTICLE IV. Legislative Department. Sec. 8. MAJORITY VOTE TO PASS ORDINANCE; RECORD: No bill shall become an ordinance unless on its final passage at least a majority of all members vote in its favor, and the vote be taken by yeas and nays, and entered in the journal. FINAL PASSAGE: No ordinance, other than for payment of salaries or current expenses, shall be passed on its final reading at the meeting at which it is introduced. Notes: Cases.: An ordinance introduced by title without text . and passed at the next meeting with 1 text violates this section and is void. Tennent v. Seattle, 83 Wash. 108, 145 Pac. 83 (1914). 1 ARTICLE IV. Legislative Department. Sec. 9. ORDINANCES, HOW AMENDED: 1 No ordinance shall be re- enacted or amended by reference to its title; but the ordinance or codification thereof being re- enacted or the section or subsection of the ordinance or codification thereof being amended shall be set forth in full in the new ordinance. (As amended at November 2, 1999 election.) ARTICLE IV. Legislative Department. Sec. 10. MOTION TO RECONSIDER: When a bill is put upon its final passage and fails to pass, and a motion is made to reconsider, the vote upon such a motion shall not be acted on before the next meeting of the Council. BILLS GRANTING FRANCHISE: No bill granting a franchise shall be 1 finally passed within thirty (30) days after its introduction, nor until it has been published in the official newspaper of the City at the expense of the applicant for ten consecutive press days. 1 Notes: Cases: Specific rovision for publication offranchise ordinances takes P .f P .ff precedence over P publication requirements for ordinances generally. Wood v. Seattle, 23 Wash. 1, 62 Pac. 735 (1900). 1 ARTICLE IV. Legislative Department. Sec. 11. BILLS, HOW SIGNED: 1 12 1 1 Every bill, after it has passed, ry p d, shall be signed by the President of the Council in open +.. session, in authentication of its passage. In signing, the President shall call attention to the bill and that he or she is about to sign it, and, if any member so request, the bill shall be read at length for information as to, its correctness as enrolled. If any member object I that the bill is not the same as when considered and passed, such objection shall be passed upon, and if sustained the President shall withhold his or her signature and the bill shall be corrected and signed before the Council proceeds to any other business. 1 ARTICLE IV. Legislative Department. Section 12. BILLS TO BE PRESENTED TO,MAYOR: 1 Every bill which shall have passed shall within five days thereafter be presented to the Mayor. RETURN OF BILLS; VETO: The Mayor shall return such bill to the Council I within ten (10) days after receiving it. If he or she signs the bill or returns it unsigned but without disapproval or if the time for returning the bill shall have elapsed without its • return, that shall be deemed a favorable action by the Mayor and it shall become an ordinance. If the Mayor disapproves the bill, he or she shall, when so returning it, specify his or her objections thereto in writing. The objections of the Mayor shall be entered at large on the journal of the Council, and published in the City official newspaper. I RECONSIDERATION OF VETOED BILLS: The Council shall, not less than five days after such publication, and within thirty days after such bill shall have been so returned, reconsider and vote upon the same, and if the same shall, upon such reconsideration, be I again passed by the affirmative vote of not less than two - thirds of all the members, the President of the Council shall certify the fact on the bill, and when so certified the bill shall become an ordinance with like effect as if it had not been disapproved by the I Mayor; but if the bill so returned shall fail to receive upon the first vote thereon an affirmative vote of two - thirds of all the members it shall be deemed finally lost. The vote on such reconsideration shall be taken by yeas and nays, and the names of the members I voting for or against the same shall be entered in the journal thereof. (As amended at November 2, 1999 election.) I ARTICLE IV. Legislative Department. Section 13. A. RECORD AND PUBLICATION OF ORDINANCES AND RESOLUTIONS: I All ordinances and resolutions shall be deposited with the City Clerk, who shall record p Y , the same. Notice of all ordinances of a general, public or permanent nature, and those I imposing a fine, penalty or forfeiture, shall be published in accordance with state law within three days after the same shall have become a law; Provided, that the publication of notice of all ordinances granting any franchise or private privilege or approving or 1 vacating any plat shall be at the expense of the applicant therefor. . B. The City Clerk shall maintain a compilation of all ordinances enacted each year, such 1 compilation to be accessible to the public at no cost. (As amended at November 7, 2006 election.) 1 13 . 1 1 Notes: . Cases: A local improvement district ordinance is not of a "general, permanent or public nature" so that it has to be published in the City's official newspaper. Lansinger v. Local Improvement District, 80 Wn.2d 254, 493 P.2d 1008 (1972). Publication of ordinances within three days is directory; publication within six days is substantial compliance. State ex rel. Peabody v. Superior Court, 77 Wash. 593, 138 P. 277 (1914). A daily newspaper of four pages containing general advertisements with special prominence to legal news with a circulation of between 750 and 1,000 subscribers in Seattle qualifies as a newspaper for publication of City printing. Puget Sound Publishing Co. v. The Times Printing Co., 33 Wash. 551, 74 Pac. 802 (1903). A newspaper with a subscription list of 360, a circulation of 1,000 and rarely seen in professional or business offices does not qualify. Times Printing Co. v. Star Publishing Co., 51 Wash. 667, 99 Pac. 1040 (1909). 1 ARTICLE IV. Legislative Department. Section 14. POWERS BY ORDINANCE: The City Council shall have power by ordinance and not otherwise - ARTICLE IV. Legislative Department. Section 14. POWERS BY ORDINANCE. First. ELECTIONS; APPOINTMENT AND ELECTION OF OFFICERS; OFFICER DEFINED 1 To provide for general and special elections, for questions to be voted upon, and to provide for the appointment and election of officers. Any person who, by the provisions 1 of this Charter or any amendment thereto, may be appointed or elected to any office or employment created in pursuance thereof, shall be deemed an officer within the meaning of this section. ARTICLE IV. Legislative Department. Section 14. POWERS BY ORDINANCE. Second. ASSESSMENT, LEVY AND 1 COLLECTION OF TAXES To provide for the assessment, levy and collecting taxes on real and personal property for 1 the corporate uses and purposes of the City, and to provide for the payment of the debts and expenses of the corporation. . i ARTICLE IV. Legislative Department. Section 14. POWERS BY ORDINANCE: Third. CONTROL OF FINANCES AND PROPERTY 1 To control the finances and property of the City; Provided, that the City Council shall have no administrative as distinguished from the legislative power. ARTICLE IV. Legislative Department. 14 i • Section 14. POWERS BY ORDINANCE: Fourth. ACQUISITION AND DISPOSAL OF PROPERTY To acquire by purchase or by exercise of the right of eminent domain or otherwise and for the use and in the name of the City, such lands and other property within or without t the corporate limits as.may be deemed.necessary, proper or convenient for any corporate use, and to acquire for the use of the City any property by gift, bequest or devise, and to dispose of all such property as it shall have, as the interests of the City may from time to r time require. • Notes: Cases: The City has the power to condemn a street railway system within Seattle although portions of the system lie outside. State v. ex rel. Peabody v. Superior Court, 77 Wash. 593, 138 Pac. 277 (1914). ARTICLE IV. Legislative Department. ' Section 14. POWERS BY ORDINANCE: Fifth. BORROWING MONEY AND ISSUING BONDS; FUNDING BONDS • To borrow money for corporate purposes on the credit of the City and to authorize the issue of bonds in the manner prescribed by law, and to authorize the issue of bonds to meet maturing bonds or other indebtedness or for funding the same. Notes: ' Cases: The City Council may by ordinance: refer to the electorate . the proposition of amending an earlier ordinance authorizing a bond issue; an affirmative vote by a simple majority of voters authorizes the amendment. "Davis v. Seattle, 56 Wn.2d 785, 355 P.2d 354 (1960). The City may issue bonds for construction of a bridge although it has not yet acquired the right -of -way. Tennent v. Seattle, 83 Wash. 108, 145 83 (1914). The - ' City may authorize a bond issue for municipal purposes, but, under the State Constitution may not aggregate distinct subjects such as fire stations, a police substation, a hospital, or a bridge as a single proposition. Blaine v. Seattle, 62 Wash. 445, 114 Pac. 164 (1911). Under an earlier Charter with the same language, the City had authority., to issue bonds I in order to redeem outstanding warrants. Baker v. Seattle, 2 Wash. 576, 27 Pac. 462 (1891). • 1 ARTICLE IV. Legislative I)e artment. . ' g P Section 14. POWERS BY ORDINANCE: Sixth. ESTABLISH, IMPROVE, ' CONTROL AND VACATE STREETS AND PUBLIC PLACES; CERTAIN STREETS AND LANDS TO PASS TO OR VEST IN PORT OF SEATTLE ' To lay out and improve streets and other public places, and to regulate and control the use thereof, to authorize or prohibit the location of any railroad or public transportation system or the use of electricity, at, in or upon any of said streets or for other purposes, 15 and to rescribe the terms and conditions upon which p p the same may so used, and to regulate the use thereof; to vacate streets and to extend, establish or widen any street, over or across or along the harbor, shore or tide lands in the City; Provided, that whenever there shall have been adopted by the voters a comprehensive plan of harbor or port improvement, the control of streets and the title to any lands belonging to the City within the limits of such proposed improvement shall be vested in the Port of Seattle, after said Port has commenced the improvement and has so certified to the City Council. Notes: 1 Cases: The City may regulate the operation ofjitney buses on City streets. Schoenfeld v. Seattle, 265 Fed. 726 (D. Wa. 1920). This provision is not self- executing: the Port of Seattle will first acquire control of streets after the comprehensive plan has been adopted. Tennant v. Seattle, 83 Wash. 108, 117, 145 Pac. 83 (1914). The City may construct elevated roadways. Knickerbocker. Co. v. Seattle, 69 Wash. 336, 124 Pac. 922 (1912). The extension of City streets over tidelands and construction of a wharf in an area designated as "city slip" was upheld. Chlopeck Fish Co. v. Seattle, 64 Wash. 315, • 117 Pac. 232 (1911). Under the earlier Charter, the City had authority to extend its streets over the tidelands and to grant a railroad franchise therein. Seattle v. Columbia & Puget Sound Railroad Co., Etc., 6 Wash. 379, 33 Pac. 1048 (1893). After exercising its right at the time of the state's platting, the City is precluded from extending its remaining streets across the intervening tidelands, except by condemnation.and payment. State ex rel. Land Co. v. Bridges, 19 Wash. 428, 53 Pac. 547 (1898). 1 ARTICLE IV. Legislative Department. Section 14. POWERS BY ORDINANCE: Seventh. CHANGE OF GRADES; DAMAGES To change the grade of any street or alley within its corporate limits and to provide for 1 the payment of damages. ARTICLE IV. Legislative Department. Section 14. POWERS BY ORDINANCE: Eighth. LOCAL IMPROVEMENTS To provide for making local improvements and to, levy and collect special assessments on 1 property benefited. ARTICLE IV. Legislative Department. Section 14. POWERS BY ORDINANCE: Ninth. BRIDGES, VIADUCTS AND TUNNELS To construct and keep in repair bridges, viaducts and tunnels, and to regulate the use thereof. ARTICLE IV. Legislative Department. 1 16 1 1 Section 14. POWERS BY ORDINANCE: Tenth. STONE QUARRIES, ASPHALT PLANTS To ,ac q uire open en and operate stone quarries, either within or without City limits, and q p . P q tY to erect asphalt plants for the preparation, manufacture and sale of all such stone or asphalt products or compositions or other materials for use in street construction or maintenance, and to fix the price at which such materials shall be sold. ' ARTICLE IV. Legislative Department. Section 14. POWERS BY ORDINANCE: Eleventh. PUBLIC UTILITIES ' To construct, purchase, condemn or otherwise acquire, maintain and operate works, plants and facilities within or without the City for the following purposes: water supply I for domestic and all other uses; production of gas and electricity for light, heat, power and all other uses public and private; public transportation system; telephone service, local and long distance; ferries, docks and terminal facilities; and to control the use thereof, and fix the price of the services and products thereof. ARTICLE IV. Legislative Department. Section 14. POWERS BY ORDINANCE: Twelfth. HOSPITALS AND ' SANITARIUMS To erect and establish hospitals, sanitariums, sanitoriums and isolation hospitals and to control and regulate the same. ' ARTICLE IV. Legislative Department. Section 14. POWERS BY ORDINANCE: Thirteenth. POLICE POWER ' To make all such local, police, sanitary and other regulations as are not in conflict with the laws of the state. ' ARTICLE IV. Legislative Department. Section 14. POWERS BY ORDINANCE: Fourteenth. OFFICERS AND EMPLOYEES • To ordain, establish, modify and abrogate from time to time, as the needs of the City shall require, all proper offices and bureaus, subordinate and auxiliary to the departments and heads thereof constituted by this Charter, and to provide for the conduct and government thereof, and the duties and compensation of officers and employees to fill the same, except as in this Charter otherwise provided. Notes: I Cases: The City Council may by ordinance abolish positions in the interest of economy, combining the duties of several positions; judicial inquiry is limited to determining the good faith of the City Council. State ex rel. Voris v. Seattle, 74 Wash. 199, 133 Pac. 11 17 1 (1913). ARTICLE IV. Legislative Department. 1 Section 14. POWERS BY ORDINANCE: Fifteenth. AMENDMENT AND REPEAL OF ORDINANCES To alter, o er, amend or repeal any ordinance or ordinances or parts thereof, except as herein otherwise provided. • ARTICLE IV. Legislative Department. Section 14. POWERS BY ORDINANCE: Sixteenth. EXECUTION OF VESTED POWERS To make all rules and regulations necessary or proper to carry into execution all powers vested by this Charter, or by law, in the City or in any department or officer thereof, except as in this Charter otherwise provided. ARTICLE IV. Legislative Department. Section 14. POWERS BY ORDINANCE: Seventeenth. HARBOR AND WATERFRONT To control and regulate the use of the harbor and waterfront. Notes: 1 Cases: Under the earlier article, the City had authority to manage and control the harbor 1 and the waterfront and appoint a port warden therefor. Kitsap County Transportation Co. v. Seattle, 75 Wash. 673, 135 Pac. 476 (1913). ARTICLE IV. Legislative Department. Section . 14. POWERS BY ORDINANCE: Eighteenth. CEMETERIES The establishment or platting of new cemeteries or the extension of existing cemeteries within the limits of The City of Seattle is hereby prohibited. Notes: Cases: Street vacation fees must be set by ordinance rather than by resolution. Puget 1 Sound Alumni of Kappa Sigma, Inc., v. Seattle, 70 Wn.2d 222, 422 P.2d 799 (1967). Under this provision authorizing the City Council "by ordinance and not otherwise" to provide for the assessing, levying and collection of taxes, a tax levy cannot be authorized by resolution, and is subject to the veto power of the Mayor. New Seattle Chamber of Commerce v. Seattle, 88 Wn.620, 153 P.351 (1915). ARTICLE IV. Legislative Department. Section 15. GENERAL LEGISLATIVE POWERS 1 8 1 1 The City shall, in addition to the powers enumerated in this Charter, have all other i powers now or hereafter granted to or exercised by municipal corporations of like 1 character and degree, and also all powers now or hereafter granted to incorporated towns and cities, by the laws of this state, and may exercise the same by ordinance and not otherwise. I Notes: 1 Cases: Seattle may by ordinance require the filing of a claim and a sixty -day waiting period before filing a lawsuit. Daggs v. Seattle 110 Wn.2d 49, 750 P.2d 626 (1988). Seattle may revoke business license of an attorney for failure to file return and remit I business and occupation tax. Seattle v. Campbell, 27 Wn.App. 37, 611 P.2d 1347 (1980). Seattle may establish by ordinance a zoning code in which the Council reserves to itself the power to review departmental actions administratively. State ex rel. Morrison v. 1 Seattle, 6 Wn.App. 181, 492 P:2d 1078 (1971). I ARTICLE IV. Legislative Department. Section 16. FRANCHISES I Every grant of a franchise, right or privilege shall be subject to the right of the City Council, or the people of the City acting for themselves by the initiative and referendum, at any time, subsequent to the grant, to repeal, amend or modify the said grant with due regard to the rights of the grantee and the interest of the public; and to cancel, forfeit and abrogate any such grant if the franchise granted thereby is not operated in full accordance with its provisions, or at all; and at any time during the grant to acquire, by purchase or I condemnation, for the use of the City itself, all the property of the grantee within the limits of the public streets, at a fair and just value, which shall not include any valuation of the franchise itself, which shall thereon terminate; and every ordinance making such I grant shall contain a reservation of these rights of the City Council, and of the people of the City acting for themselves by the initiative and referendum, to so repeal, amend or modify said ordinance, and to so cancel, forfeit and abrogate the grant, and to. so acquire I the property of the grantee in the public streets, as herein above set forth. The City Council shall not consider or grant any application for extension of the period of any franchise, nor any new franchise covering all or any substantial part of the rights or I privileges of any existing franchise, until within three years of the expiration of the existing grant, and then only after submission to and approval by a majority vote of the qualified electors. MINORITY OF COUNCIL MAY INVOKE REFERENDUM VOTE:. I Not less than one -third of all the members of the Council may invoke a referendum vote on a franchise ordinance without a petition. 1 Notes: Cases: The provisions for a referendum and for valuation of property without taking into 1 account the franchise violate state law with respect to street railways and therefore may validly be excluded from an ordinance granting a franchise for a street railway. Dolan v. Puget Sound T.L. & P. Co., 72 Wash. 343, 130 Pac: 353 (1913). Accord: Ewing v. Seattle, 1 19 55 Wash. 229, 104 Pac. 229 (1909); Benton v. Seattle Electric Co:, 50 Wash. 156, 96 Pac. 1033 (1908). The City may accept the surrender of a franchise. Wood v. Seattle, 23 Wash. 1, 62 Pac. 135 (1900). • ARTICLE IV. Legislative Department. Section 17. WHARF FRANCHISES, HOW GRANTED; CONDITIONS The City Council shall not grant any franchise for any wharf except in the manner following: In addition to the requirements under the general laws, every ordinance granting franchises must receive the vote of at least two - thirds of all the members, and shall provide that work shall commence within six months and be prosecuted continuously and shall be completed within one year thereafter. Said time shall not be extended for any cause, and unless so completed the franchise shall be forfeited. ARTICLE IV. Legislative Department. Section 18. EXCLUSIVE FRANCHISES PROHIBITED No exclusive franchise or privilege shall be granted for the use of any street or other place or any part thereof. ARTICLE IV. Legislative Department. Section 19. APPROPRIATIONS FOR CERTAIN PURPOSES PROHIBITED The City Council shall make no appropriation in aid of any corporation, person or society, unless expressly authorized by this Charter or the laws of the state. ARTICLE IV. Legislative Department. Section 20. TEMPORARY LOANS The City Council, after the taxes have been levied in any year, shall have power to make temporary loans in anticipation of the collection of such taxes, such loans to be applied to the purposes for which such taxes have been levied and to no other purpose, and such 1 taxes shall be applied to pay such loans. ARTICLE IV. Legislative Department. Section 21. ORDINANCES CREATING DEBT No debt or obligation of any kind against the City shall be created by the City Council 1 except by ordinance specifying the amount and object of such expenditure. ARTICLE IV. Legislative Department. 1 Section 22. RESERVED. Notes: 1 20 1 • � (Section 22, relating to Annual Estimate o Ex g of and Revenues, deleted at November P 2, 1999 election.) Statutory References: For provisions regarding budgets in cities over 1 300, 000, see RCW Chapter 35.32A. ARTICLE IV. Legislative Department. I Section 23. INVALID CLAIMS Neither the City Council nor any officer, board, department or authority shall allow, I make valid or in any manner recognize any demand against the City which was not at the time of its creation a valid claim against the same, nor shall they or any of them ever I allow or authorize to be paid any demand which, without such action would be invalid, or which shall then be barred by any statutes of limitation, or for which the City was never liable, and any such action shall be void. I ARTICLE IV. Legislative Department. . - • , . Section 24. CLAIMS FOR DAMAGES 1 All claims for damages against the City must be filed with the City Clerk within the applicable statute of limitations. All claims for damages must accurately locate and I describe the act, omission or defect that caused the injury or damage, specify the date and location of the claimed loss, describe the basis upon which liability is being asserted against the City, including any known witnesses, accurately describe the injury or , I damage, give residence for six months last past of the claimant, contain the items of damages claimed, and be sworn to by the claimant or an authorized representative. No lawsuit shall be commenced against the City in which monetary damages are being I claimed until -a written claim for damages has been presented to and filed with the City Clerk. A lawsuit based upon the allegations of a claim for damages may not be commenced within sixty (60) days of the filing of such claim. No ordinance shall be I passed allowing any such claim or any part thereof, or appropriating money or other property to pay or satisfy the same or any part thereof, until such claim has first been referred to the proper department, nor until such department has made its report to the . ,- I City Council thereon, pursuant to such reference, provided that, the City Council may by general ordinance provide a different procedure for the presentation and payment of any claim in any amount as may be prescribed from time to time by ordinance passed by a I two- thirds majority of all members of the City Council. Notwithstanding any provision of this Charter inconsistent with this section, particularly Article IV, Sec. 1, H. and J. which are hereby superseded to the extent inconsistent herewith, any ordinance which may be I required to allow a claim or appropriate money or other property to pay or satisfy the same or any part thereof shall become effective upon approval by the Mayor. (As amended at November 6, 1973 election, and at November 6, .1990 election, and at 1 November 2, 1999 election.) Notes: Statutory Reference: For provisions regarding claims against cities, see RCW Chapter 35.31. Cases: Former Charter provisions requiring claims for damages against. the City 1 21 to be filed within 120 days after accrual o f the claim held unconstitutional. Hall v. y f Neimer, 97 Wn.2d 302, 649 P.2d 98 (1982). Accord: Gates v. Rosen, 29 Wn. App. 936, 631 P.2d 993 (1981). A claim that fails to give the residence of the claimant for the six months prior to the time her claim accrued is incomplete. Brigham v. Seattle, 34 Wn.2d 786, 210 P.2d 144 (1949). Cf. Maggs v. Seattle, 86 Wash. 427, 150 Pac. 612 (1915). The sixty -day waiting period between filing a claim and starting a lawsuit is valid. Young v. Seattle, 30 Wn.2d 357, 191 P.2d 273 (1948). A claim should accurately describe the location of the defect that caused the injury. Johnson v. Seattle, 9 Wn.2d 231, 114 P.2d 972 (1941). City Council consideration and rejection of a claim that was not properly filed is not a waiver of the requirement for filing 'a claim. Lindblom v. Seattle, 86 Wash. 305, 150 Pac. 422 (1915). No claim for damages is required for damages caused by regrading of a street that constitutes a taking under Washington Constitution. Kincaid-v. Seattle, 74 Wash. 617, 134 Pac. 504 and 135 Pac. 820 (1913); Accord: Provident Trust Co. v. Spokane, 75 Wash. 217, 219, 134 Pac. 927 (1913). A claim must be filed before I suing for damages based on breach of contract. International Contract Co. v. Seattle,. 74 Wash. 662, 134 Pac. 502 (1913). ARTICLE IV. Legislative Department. Section 25. ORDINANCE, PENALTIES Every ordinance prohibiting or requiring any act or omission shall impose a penalty. ARTICLE IV. Legislative Department. Section 26. ORDINANCES, CONTINUED IN FORCE All ordinances in force in the City at the date of the adoption of this Charter, and not inconsistent therewith, shall remain in force until repealed or until they expire by limitation. 1. Editor's Note: The Charter was adopted at the March 12, 1946 general election. 1 ARTICLE V. Executive Department Section 1. QUALIFICATIONS OF MAYOR: t The chief executive officer of the City shall be a Mayor. He or she shall be a citizen of the United States and a qualified elector of the State of Washington and a registered voter 1 of The City of Seattle at the time of filing his or her declaration of candidacy. (As amended at November 4, 1969 election.) ARTICLE V. Executive Department Sec. 2. POWER AND DUTIES OF MAYOR: The Mayor shall see that the laws of the City are enforced, and shall direct and control all subordinate officers of the City, except in so far as such enforcement, direction and control is by this Charter reposed in some other officer or board, and shall maintain peace and order in the City. He or she may, in any emergency, of which the Mayor shall be the judge, assume command of the whole or any part of the police force of the City; but • 22 1 1 before assuming such control he or she shall issue his or her proclamation to that effect, ( and it shall be the duty of the Chief of Police to execute orders promulgated by the Mayor I during such emergency. The Mayor shall perform such other duties and exercise such other authority as may be prescribed by law. 1 ARTICLE V. Executive Department Sec. 3. APPOINTIVE OFFICERS: 1 The appointment or removal of officers requiring confirmation by the City Council shall be effective only upon the affirmative vote of a majority of the membership of the City I Council. In the absence of any express provision in this Charter as to the manner of appointing any officer, the Mayor shall appoint such officer subject to such confirmation. Notes: Cases: The City Engineer was removed from office upon the confirmation of the Mayor's recommendation for removal; notice of a motion to reconsider the confirmation did not delay his or her removal. State ex:rel. Gill v. Byrne, 31 Wash. 213, 71 Pac. 746 (1903). I ARTICLE V. Executive Department Sec. 4. APPOINTMENT AND CONFIRMATION; COUNCIL TO ELECT IF MAYOR FAILS TO NOMINATE ' If the City Council shall refuse to confirm any nomination of the Mayor, then the Mayor Y Y or shall within ninety days thereafter nominate another person to fill the office, and he or I she may continue to nominate until confirmation. If the Mayor fails to make another such nomination within ninety days, then the City Council shall elect a suitable person to fill the office during the term. (As amended at September 18, 1979 election.) I ARTICLE V. Executive Department Sec. 5. VACANCIES BY REMOVAL .. • , I Whenever the Mayor shall yo s a 1 remove an appointive officer, the vacancy for the unexpired term shall be filled by appointment in the same manner as if at the beginning of the term, 1 : except as otherwise provided in this Charter. • ARTICLE V. Executive Department ' Sec. 6. ANNUAL MESSAGES; SPECIAL MESSAGES: A. It shall be the duty of the Mayor annually at the third regular meeting of the City 1 Council in February, to communicate by message to the Council a statement of the conditions and affairs of the City, and to recommend the adoption of such measures as he or she may deem expedient and proper; and ±L , 1 23 1 B. It shall be the duty of the Mayor annually at a regular City Council meeting, at the time he or she presents his or her proposed budget, to communicate by message to the Council his or her recommendation for the adoption of such budget; and C. The Mayor shall, further, have the right to make special communication to the. City Council from time to time as he or she may deem useful and proper. (As amended at November 6, 2007 election.) ARTICLE V. Executive Department Sec. 7. MAYOR TO ENFORCE CONTRACTS; OFFICERS TO REPORT VIOLATIONS The Mayor shall see that all contracts and agreements made with the City or for its use and benefit are faithfully kept and performed and to this end he or she shall cause any legal or equitable proceedings to be instituted and prosecuted. And it is the duty of every officer of the City having knowledge that any contract with the City has been violated by the other contracting party, forthwith to report the fact to the Mayor. ARTICLE V. Executive Department Sec. 8. MAYOR TO APPROVE BONDS; WHERE FILED The Mayor shall, unless in this Charter otherwise provided, take and approve all official undertakings or bonds required of any officer, employee, or agent of the City as security for the faithful performance of his or her duty; and the Mayor shall also, except as otherwise provided in this Charter, take and approve any such bond or undertaking as may be required of any contractor for the faithful performance of his or her contract; and when the Mayor approves any bond or undertaking he or she shall immediately file the same with the City Clerk. (As amended at November 2, 1999 election.) 1 ARTICLE V. Executive Department Sec. 9. ABSENCE OR INCAPACITY OF MAYOR In case of the absence of the Mayor from the City, or if he or she from any cause be incapacitated from acting, the President, or in case of his or her disability or absence, the • acting president of the City Council shall act as Mayor, and for the time being exercise all his or her powers. ARTICLE V. Executive Department Sec. 10. REMOVAL OF MAYOR The Mayor may be removed from office after a hearing, for any willful vi Y Y g, y violation of duty, or for the commission of an offense involving moral turpitude, upon written notice from the City Council at least five days before the hearing. He or she shall have the right to be present, to the aid of counsel, to offer evidence and to be heard in his or her own behalf. Upon the affirmative vote of two - thirds of all the members of the City Council, acting as 24 1 a court of impeachment, the office shall become vacant. (As adopted at November 8, ( 1977 election.) • Notes: . . Note: Section 11 of Article V of the Charter of The City of Seattle providing for the appointment and prescribing the duties of the City Personnel Director is repealed as of the effective date of an ordinance establishing a personnel system as required by Article 1 XVI of the Charter as amended.1 ARTICLE V. Executive Department ' Sec. 12. RESERVED 1 - • Notes:. .. ...: I (Section 12, relating to City Planner, deleted at November 2, 1999 election.) • ARTICLE VI. Department of Police Section 1. ORGANIZATION OF POLICE DEPARTMENT 1 The Police Department shall consist of a Chief of Police and as many subordinate officers and employees as may by ordinance be prescribed. There shall be maintained adequate police protection in each district of the City. ARTICLE VI. Department of Police Sec. 2. CHIEF OF POLICE; QUALIFICATIONS, APPOINTMENT, REMOVAL; TO APPOINT SUBORDINATE OFFICERS 1 The Chief of Police shall be appointed by the Mayor, subject to confirmation by a majorityy vote of all members of the City Council. He or she shall be selected by the I Mayor from among the three highest ranking candidates in a competitive examination to be conducted under the direction of the Mayor. The Mayor may remove the Chief of Police upon filing a statement of his or her reasons for so doing with the City Council. A 1 Chief of Police appointed from the classified civil service may take leave of absence from his or her classified position until completion of his or her tenure as Chief of Police. All subordinate police officers shall be appointed by the Chief of Police under civil service 1 rules and regulations. ARTICLE VI. Department of Police 1 Sec. 3. COMPETITIVE EXAMINATION The competitive examinations shall adequately test the qualifications of all candidates for 1 Chief of Police, and all records of such examinations shall be filed with the City Council by the Mayor together with his or her appointment of the Chief of Police. Such records shall be open to public inspection for at least seven days prior to the City Council taking 1 25 1 action on said appointment. 1 ARTICLE VI. Department of Police Sec. 4. CHIEF TO MANAGE POLICE DEPARTMENT The Chief of Police shall manage the Police Department, and shall prescribe rules and 1 regulations, consistent with law, for its government and control; provided, that the Chief of Police shall be responsible to the Mayor for the administration of the Police Department and the enforcement of law. Notes: Cases: This Charter article was cited as establishing the Chief of Police as a policymaker in a lawsuit involving police conduct under 42 U.S.C. § 1983. Baldwin v. Seattle, 55 Wn.App. 241, 776 P.2d 1377 (1989). A single incident did not show a policy. Baldwin v. Seattle, 55 Wn.App. 241, 776 P.2d 1377 (1989). This section was cited in Punton v. Seattle Public Safety Commission, 32 Wn.App. 959, 650 P.2d 1138 (1982) as authority for the Police Department to promulgate a manual of rules and procedures. Seattle police officer was denied due process of law when he or she was dismissed without a pretermination hearing. Punton v. City of Seattle Public Safety Commission, 32 Wn.App. 959, 650 P.2d 1138 (1982). ARTICLE VI. Department of Police Sec. 5. First. PROCESS DIRECTED TO CHIEF OF POLICE; CHIEF TO MAINTAIN PEACE The Chief of Police shall be the chief peace officer of the City, all process issued b P Y� p by the Police Judge of the City, shall be directed to him or her for service, and may be served and returned by the Chief of Police or any peace officer. The Chief of Police shall 1 maintain the peace and quiet of the City. He or she shall have like powers and responsibilities as the Sheriff of King County in similar cases, and shall perform such other duties as may be imposed by ordinance. Second. POWERS OF POLICE 1 OFFICERS IN MAKING ARRESTS; POLICE RECORDS: The Chief of Police or any police officer may make arrests for any crime or violation of the laws of the state or any ordinance of the City committed within the City. The Chief of Police shall keep a correct record of all arrests, showing the time and cause of complaint upon which each arrest was made, with a list and description of all property and money taken from each person. Third. CHIEF RESPONSIBLE FOR PROPERTY TAKEN: The Chief of Police shall be responsible for all property and money taken from any person, and shall be liable therefor on his or her official bond, and any person may recover for loss of any such property or money in an action brought for that purpose. Fourth. DUTIES OF POLICE OFFICERS: The duties of the subordinate police officers shall be as provided by ordinance or by rules . established by the Chief, in addition to the duties hereinbefore prescribed. Fifth. POLICE OFFICERS NOT TO ENGAGE IN OTHER CALLING, BECOME BAIL OR RECEIVE PAY WHILE ABSENT: No member of the police force shall engage in any other profession or calling, furnish bail or bond for any person charged with any offense 26 1 1 r whatever, or recommend to persons charged with crime the employment of any particular attorney. No member of the police force shall be allowed pay for any period during which r • he or she may have been absent from duty, except as otherwise provided in this Charter. (As amended at November 6, 1 election.) r ARTICLE VI. Department of Police Sec. 6. POLICE OFFICERS; NO COMPENSATION EXCEPT SALARY I . member of the police force shall receive any fees or any compensation whatever, directly or indirectly, from the City, county or state, for any services rendered or act done, while a member of such police force, other than salary, except witness fees in the. I superior court. ARTICLE VII. Contracting Requirements I Section L CONTRACTING DUTIES . I • The responsibility for the award of all contracts for public works, services, supplies, materials or equipment shall be assigned to such department or departments as prescribed by ordinance. (As amended at November. 8, 1977 election, and November 5, 1991 111 election.) • ARTICLE VII. Contracting Requirements 1 Sec. 2. CONTRACTING REQUIREMENTS In letting any City contracts, the following shall be required: a. All contracts for public 1 works, supplies, materials or equipment involving more than such amount as may be specified by ordinance shall be made on written contract.. All such contracts shall be awarded to the lowest and best bidder, after_public advertisement as may be prescribed by I ordinance. b. Anyone employed pursuant to a contract for public work awarded by the City shall be paid at not less than the prevailing rate of pay for City employees performing like duties. (As amended at November 8, 1977 election, and November 5, 1 1991 election.) ARTICLE VII. Contracting Requirements 1 Sec. 3. CITY OFFICIAL NEWSPAPER The "City Official Newspaper," which shall publish all official proceedings required by 1 law to be published, shall be designated annually after a call for bids from the daily newspapers of general circulation published in the City at least six (6) days per week. (As amended at November 8, 1977 election, November 5, 1991 election, and November 2, 1 1999 election.) 1 ` 1 1 27 . a . a ARTICLE VIII Financial and Clerical Section 1. DEPARTMENT OF FINANCE There shall be a Department of Finance to exercise general supervision over the financial affairs of the City, with such powers and duties as may be prescribed by ordinance. The Director of Finance shall be appointed by the Mayor, subject to confirmation by a majority of the City Council, shall be subject to reappointment and reconfirmation every four years, and may be removed by the Mayor upon filing a statement of his or her reasons therefor with the City Council. (As amended at November 8, 1977 election, November 5, 1991 election, and November 7, 2006 election.) ARTICLE VIII Financial and Clerical Sec. 2. CITY AUDITOR There shall be a City Auditor who shall examine and verify the accuracy of the accounts and records of the City; inspect the receipt, safekeeping, and disbursement of public funds; and perform such other duties as are prescribed by law. The City Auditor shall have a term of four years and shall be appointed by a majority of the City Council and may be removed for cause by a majority of the City Council. (As amended at November 5, 1991 election, and November 7, 2006 election.) ARTICLE VIII Financial and Clerical Sec. 3. DUTIES OF CITY CLERK The City Council shall select the City Clerk. The City Clerk, or a deputy, shall attend all 1 meetings of the City Council and keep a complete record of the proceedings thereof; and he or she shall have the custody of the City Seal, the original rolls of ordinances, the original contracts, deeds, and 'certificates relative to the title of any property of the City, 1 official, indemnity or security bonds, and such other records, as are required to be deposited, and he or she shall administer oaths and perform such other duties as prescribed by ordinance. (As amended at November 5, 1991 election, and November 2, 1999 election.) ARTICLE VIII Financial and Clerical a Sec. 10. CONTINGENT FUND There shall be established by ordinance a Contingent Fund, into which shall be appropriated from the General Fund moneys to pay employees of the City released between regular pay days. Payments shall be made from said fund on certification by the Director of Finance of amounts due. Said fund shall be reimbursed on the next day following pay day by transfer thereto from the proper funds. Another contingent fund shall be so established for the payment of freight and express charges, telegrams, postage and like incidental expenses of the different departments. Payments shall be made on 111 certification of the Director of Finance, said fund to be reimbursed monthly from the proper funds. (As amended at November 2, 1999 election.) 28 0 1 1 ARTICLE VIII Financial and Clerical . 1 Sec. 11. MONEY TO BE PAID TREASURER; FAILURE, PENALTY Every officer or agent of the City, or other person who shall receive or have in his or her 1 hands any money payable to the City in any capacity, shall immediately pay the same to the City Treasury. Any such person who shall fail to so pay any moneys received for more than forty -eight hours, Sundays and holidays excluded, after the money shall have . I been received by him or her, shall be liable to the City for double the amount of money so received. (As amended at November 2, 1999 election.) 1 ARTICLE VIII Financial and Clerical Sec. 12. BOOKS, INSPECTION 1 The Treasurer's books shall be open for public inspection, subject to such reasonable • . ; rules and regulations as prescribed by ordinance. I ARTICLE VIII Financial and Clerical Sec. 13. RESERVED. 1 .. Notes: •1 (Section 13, relating to Auditing Committee; Examination of Claims, deleted at • November 2, 1999 election.) 1 ARTICLE VIII Financial and Clerical Sec. 14. CLAIMS; VERIFICATION 1 All demands and claims against the City required to be verified shall be subscribed and sworn to before the City Clerk or one of his or her deputies, or some officer authorized to 1 administer oaths. Each claim or demand must be accompanied by a detailed statement of the items. (As amended at November 2, 1999 election.) 1 Notes: . Cases: The filing of a claim is a condition precedent to maintaining an action for breach 1 of contract, where the damages do not appear, on the face of the contract. Keesling v. Seattle, 52 Wn. 2d 247, 324 P.2d 806 (1958). .. 1 ARTICLE VIII Financial and Clerical Sec. 15. GENERAL FUND; SPECIAL FUNDS 1 There shall be a General Fund into which shall be paid all•revenues of the City, except as otherwise provided by law, and from which shall; be paid all expenses and liabilities not j required to be paid out of some special or other fund. The creation of special funds and 1 1 29 • 1 1 the transfer of moneys from one fund to another fund shall be by ordinance and not otherwise; provided, that no transfer shall be made from a bond interest and redemption fund. The transfer of surplus funds from a City owned public utility, or the collection of any tax from such utility, shall not be permissible until ample provision has been made for the servicing of the debts and obligations of the utility, and for necessary betterments and replacements for the current year. Notes: Cases: The City has authority to advance or loan money from one fund to another and may issue bonds for the purpose of retiring outstanding warrants of an annexed area. Fisher v. Seattle, 55 Wash. 396, 104 Pac. 655 (1909). ARTICLE VIII Financial and Clerical Sec. 16. CERTAIN DUTIES AND FUNCTIONS MAY BE REASSIGNED The terms "City Comptroller" and "City Treasurer" as may be used outside this Charter shall refer to the Director of Finance, except as the Council may by ordinance re- assign those functions. The duties and functions of the former City Comptroller and City Treasurer assigned by this or another contemporaneous 1999 charter amendment, or by the 2006 amendment to Subsections 1.D and 1.J of Article IV of this Charter, also may be re- assigned by ordinance. (As amended at November 2, 1999 election, and November 7, 2006 election.) 1 ARTICLE IX. Reserved 1 Notes: (Article IX, relating to Public Health Department, deleted at November 2, 1999 election.) ARTICLE X. Fire Departmentl Section 1. The Fire Department shall consist of the Fire Chief, and as many subordinate officers and 1 employees as may be prescribed by ordinance. ARTICLE X. Fire Departmentl Sec. 2. APPOINTMENT OF FIRE CHIEF The Fire Chief shall be appointed by the Mayor, such appointment to be effective only 1 upon confirmation of the City Council passed by a majority vote of all its members and the Fire Chief may be removed by the Mayor upon filing a statement of the Mayor's reasons therefor with the City Council. The Fire Chief shall have at least ten years service in a fire department in a jurisdiction of not less than one hundred thousand population. In case the Fire Chief be appointed from the civil service, he or she shall resume his or her 30 1 • II former position therein upon replacement and the subordinate appointees shall resume their former positions respectively. (As amended at November 2, 1999 election.) 1 ARTICLE X. Fire Departmentl . Sec. 3. FIRE CHIEF TO MANAGE DEPARTMENT I The Fire Chief shall manage the Fire Department, and shall g p d 11 prescribe rules and regulations, not inconsistent with law, for its government and control. He or she shall 1 • have such further powers and duties as are prescribed by ordinance. I ARTICLE XI. Department of Parks Section 1. DEPARTMENT OF PARKS AND RECREATION: There shall be a Department of Parks and Recreation, the head of which shall be the I Superintendent of Parks and Recreation, who shall have responsibility for the management and control of the park and recreation system of the City. Such I Superintendent shall appoint under civil service laws and rules, supervise and control all officers and employees in the Department of Parks and Recreation, and shall have such - further powers and perform such other duties as may be prescribed by ordinance. The I Superintendent of Parks and Recreation shall be appointed by the Mayor, subject to confirmation by a majority of the City Council, shall be subject to reappointment and reconfirmation every four years, and may be removed for cause by the Mayor upon fling I with the City Council a statement of his or her reasons therefor; provided that upon the resignation of the Superintendent of Parks and Recreation in response to the Mayor's request, the Mayor shall file with the City Council a statement of his or her reasons for I making such request. (As amended at November 8, 1977 election, and November 7, 2006 election.) , • I ARTICLE XI. Department of Parks •. Sec. 2. BOARD OF PARK COMMISSIONERS. I There shall be a Board of Park Commissioners, the function of which shall be to act in an advisory capacity to the Mayor, City Council, Department of Parks and Recreation and other City departments in respect to park and recreation matters. The number of members I of such Commission, their terms of office and the manner in which they shall be appointed and may be removed, and their duties, shall be as prescribed by ordinance. (As amended at November 7, 1967 election.) A RTICLE XI. Department of Parks Sec. 3. Il . T here is hereby established d m the City Treasury a Park and Recreation Fund for the , operation and maintenance of the park and recreation system of the City, in which there shall be placed: such moneys as may be budgeted annually for such operation; gifts, bequests and devises for park and recreation purposes; revenues from park and recreation properties, facilities and areas; ten percent of the gross receipts of the City from all fines, 1 31 1 penalties and licenses; and such other moneys as may be provided by ordinance. (As amended at November 7, 1967 election.) ARTICLE XI. Department of Parks Sec. 4. 1 Any provisions of this Charter inconsistent with this article, particularly Article VII Sec. 1, and. Article XIV Sec. 1, are hereby superseded to the extent inconsistent. (As amended at November 7, 1967 election.) ARTICLE XII. The Library Department Section 1. LIBRARY FUND There shall be a Library Fund, which shall consist of - First. GIFTS: Such gifts, bequests and devises as may be given, bequeathed or devised to the City of Seattle or any trustee for the uses or purposes of the "Seattle Public Library." Second. RENTS: The rents, issues and profits derived from any property which may be held or owned in trust for said 1 library by the City or any other trustee. Third. Such sums as the City Council may provide. ARTICLE XII. The Library Department Sec. 2. TITLE TO PROPERTY • The title to all property belonging to the Seattle Public Library shall be and remain in the name of the City, and shall be held inviolable in trust for the use and benefit of said library; except that all persons desirous of making gifts of money, personal property or real estate for the benefit of the Seattle Public Library shall have the right to vest the title thereto in the Library Board to be held and controlled by the Library Board when accepted, according to the terms of the deed of gift, bequest or devise. 1 ARTICLE XII. The Library Department Sec. 3. LIBRARY BOARD; APPOINTMENT; TERMS There shall be five Library Trustees as contemplated by state law who shall constitute and be known as The Library Board," and be the governing body of the library. The 1 Mayor, with the consent of the City Council, shall appoint the five Trustees, each of whom shall hold office for five years without compensation. The appointees shall be citizens of recognized fitness for the position. 1 ARTICLE XII. The Library Department Sec. 4. LIBRARIAN The Librarian shall be selected and may be removed by the Board. He or she shall possess such qualifications as to fitness for the position as the Board may require. He or she shall, by and with the consent of the Library Board, have the appointment and removal of all subordinate employees of the library. 32 J 0. 111 ` ARTICLE XII. The Library Department Sec. 5. MANAGEMENT OF LIBRARY; EXPENDITURES The Library Board shall manage and control the public library as provided by State Law and shall alone have authority to expend the Library Fund; the Board shall certify expenditures to the Director of Finance, who shall issue warrants therefor payable out of any money in the Library Fund, not otherwise appropriated. (As amended at November 2, 1999 election.) Notes: Statutory Reference: For provisions regarding the library, see RCW 27.12.190 through 27.12.270. ARTICLE XIII The Law Department Section 1. OFFICERS: APPOINTMENT; REMOVAL: The Law Department shall consist of .a City Attorney who shall appoint the Assistant City Attorneys and City Prosecutors, who may be removed at will. (As amended at November 1 8, 1977 election.) Notes: • Cases: Under similar language in the earlier Charter, the City Attorney is the principal law officer of the City. Scott v. Forrest, 13 Wash. 166, 42 Pac. 579 (1895). ARTICLE XIII The Law Department Sec. 2. QUALIFICATIONS The City Attorney shall be an attorney of the Supreme Court of the State, and have been in the practice of his or her profession in The City of Seattle for at least four years next prior to his or her election. (As amended at November 8, 1977 election.) Notes: Cases: The requirement that a candidate for the position of City Attorney have practiced fi law within the City for four years is constitutional. Kraft v. Harris, 18 Wn. App. 432, 568 P.2d 828 (1977). . 1 ARTICLE XIII The Law Department :. Sec. 3. DUTIES OF CITY ATTORNEY The City Attorney shall have full supervisory control of all the litigation of the City, or in which the City or any of its departments are interested, and shall perform such other duties as are or shall be prescribed by ordinance. (As amended at November 8, 1977 33 1 election.) 1 ARTICLE XIII The Law Department 1 Sec. 4. DUTIES OF ASSISTANTS AND CITY PROSECUTORS The Assistant City Attorneys and the City Prosecutors shall perform such duties as shall 1 be required by the City Attorney. (As amended at November 8, 1977 election.) ARTICLE XIII The Law Department 1 Sec. 5. The City Attorney shall appoint under civil service rules, supervise and control all other 1 officers and employees in the Law Department. (As amended at November 8, 1977 election.) ARTICLE XIII The Law Department Sec. 6. Wherever in this Charter, or in any ordinance, resolution, rule or regulation of the city, the term "Corporation Counsel" appears such term shall be deemed to mean and refer to the City Attorney. (As amended at November 8, 1977 election.) ARTICLE XIV. City Planning Commission Section 1. There shall be a City Planning Commission composed of such number of members, with such qualifications and serving such terms of office as shall be provided by ordinance. The manner in which members of such Commission shall be appointed shall be provided by ordinance. (As amended at November 4, 1969 election, and November 7, 2006 1 election.) ARTICLE XIV. City Planning Commission 1 Sec. 2. Members shall receive no compensation for service on said Commission as such. (As 1 amended at March 13, 1962 election, and November 7, 2006 election.) ARTICLE XIV. City Planning Commission J Sec. 3. It shall be the duty of such Commission to make recommendation to the Legislative and 1 other City departments on the City's broad planning goals and policies and on such plans for the development of the City as its present and future needs may require. The Commission shall also advise and make recommendations to the Legislative and other City departments in connection with matters relating to the City's physical development and redevelopment as may be directed by ordinance. (As amended at March 13, 1962 34 1 11 . election.) ARTICLE XIV. City Planning Commission Sec. 4. Any provision of this Charter inconsistent with this article, particularly Article. XI, Sec. 3 and Article XXIII, Sec. 1 are hereby superseded to the extent inconsistent. (As amended at March 13, 1962 election.) . ARTICLE XV. Harbor Department Notes: . (Article XU of the City Charter which creates a Harbor Department and the office. of Port, Warden, is repealed and the functions of such department and the duties of such office shall be performed by other City departments and officers as provided by ordinance; and charter provisions inconsistent herewith are superseded. (As adopted at March 13, 1962 election.) • ARTICLE XVI. Personnel System and Civil Service • Section 1. PERSONNEL SYSTEM A personnel system for the City shall be established by ordinance.1 The system shall be administered by the Personnel Director, who shall be appointed by the Mayor, such appointment to be effective only upon confirmation by the City Council passed by a majority of all its members, and shall be subject to reappointment and reconfirmation every four years. The Personnel Director may be removed for cause by the Mayor upon filing a statement of his or her reasons therefor with the City Council; provided that upon the resignation of the Personnel Director in response to the Mayor's request, the Mayor shall file with the City Council a statement of his or her reasons for making such request. The ordinance shall establish uniform procedures for recruitment, selection, development, and maintenance of an effective and responsible work force, including but not limited to, job advertising, training, job classification, examinations, appointments, transfers within the system, career development, salary administration, labor negotiations, safety, • employee benefits, grievance procedures, discipline, discharge, layoff and recall, regulation of political activity, and other personnel matters. (As amended at November 8, 1977 election, and November 7,.2006 election.) • • . Notes: 1. Editor's Note: Ord. ,107790, the Personnel Ordinance, is codified in Chapter 4.04 of this Code. Cases: Only the appointing power has authority to discharge a civil service employee, and an attempt by a departmental superintendent (the appointing power) to delegate such authority was illegal and void. State ex rel. West v. Seattle, 61 Wn.2d 658, 379 P.2d 925 (1963). Charter provision granting preference in employment to applicants 35 • who had been residents o the coup or at least f county f eas one year was held unconstitutional as a denial of equal protection and the right to travel. Eggert v. Seattle, 81 Wn.2d 840, 505 P.2d 801 (1973). The City of Seattle has no authority to extend its civil service provisions to warrant servers. Massie v. Brown, 84 Wn.2d 490, 527 P.2d 476 (1974). City could not use the residency of its employees as a criterion in determining the order in which they were to be laid off. Bjorseth v. City of Seattle, 15 Wn.App. 797, 551 P.2d 1372 (1977). City Charter provisions did not authorize a residence preference system for determining which civil service employees would be promoted. Bjorseth v. City of Seattle, 17 Wn.App. 521, 563 P. 2d 1320 (1977). Amendment to City Charter Art. 16, and the personnel ordinance passed pursuant to it, were not void as conflicting with the Public Employees' Collective Bargaining Act. City of Seattle v. Auto Sheet Metal, Etc., 27 Wn.App. 669, 620 P.2d 119 (1980). Ordinance vesting rule - making authority in the Director of Personnel did not conflict with City Charter. City of Seattle v. Auto Sheet Metal, Etc., 27 Wn.App. 669, 620 P.2d 119 (1980). 1 ARTICLE XVI. Personnel System and Civil Service Sec. 2. NONDISCRIMINATION The personnel system shall be administered in such a manner as to assure equal employment opportunity and affirmative action, as shall be determined by ordinance. (As amended at November 8, 1977 election.) Notes: J • Cases: Previous City Charter provision, which established citizenship as a condition of eligibility for civil service examination, was held unconstitutional. Hsieh v. Civil Service Commission, 79 Wn.2d 529, 488 P.2d 515 (1971). Application of citizenship requirements to the civil service position of transit bus operator held unconstitutional as a denial of equal protection of the laws. Herriott v. Seattle, 81 Wn.2d 48, 500 P.2d 101 (1972). Affirmative action program used by Fire Department and City in hiring and promotion of personnel held valid. Maehren v. City of Seattle, 92 Wn.2d 480, 599 P.2d 1255 (1979). Accord: Lindsay v. Seattle, 86 Wn.2d 698, 548 P.2d 320 (1976). 1 ARTICLE XVI. Personnel System and Civil Service Sec. 3. CIVIL SERVICE 1 All City employees shall be members of the civil service except elected officers, persons holding appointive offices established by this Charter, assistant City Attorneys, heads of 1 departments and members of boards and commissions created by this Charter or by ordinance. Additional positions may be exempted by ordinance approved by a two - thirds vote of the City Council. Any person appointed to an exempt position from civil service shall have the right to return to the same or a like position in the civil service upon the termination of the appointment, unless dismissed from the exempt position for cause. There may be a separate civil service system established by ordinance for firefighters and police officers, in order to substantially accomplish the purposes of pertinent state law. (As amended at November 8, 1977 election.) 36 1 1 ARTICLE XVI. Personnel System and Civil Service Sec. 4. MERIT PRINCIPLES The personnel ordinancel shall provide that the civil service shall be administered in accordance with the following merit principles: Recruitment, selection, transfer and advancement of employees on the basis of their relative ability, knowledge, and skills, ill without regard for political beliefs or activity. The recruitment and selection process shall include job advertising and open consideration of qualified applicants for initial appointment; Creation of opportunities for entry into the system at all levels; Creation of I opportunities for entry into and advancement in the system by members of underrepresented groups; Limitation of periods of probationary status to one year and examination of all employees within one year of employment; Training of employees to assure high quality performance and to encourage advancement; Retention of employees on the basis of the adequacy of their performance, correction of inadequate performance, and separation of employees whose inadequate performance is not corrected; Assurance II of fair treatment of applicants and employees with proper regard for their privacy and constitutional rights as citizens; Assurance that employees are protected from coercions or importuning for political purposes and are prohibited from using their official authority I for the purpose of interfering with or affecting the result of any election or nomination for office.. (As amended at November 8, 1977 election.) .1 ARTICLE XVI. Personnel System and Civil Service Sec. 5. CIVIL SERVICE COMMISSION I There shall be an independent three- member Civil Service Commission to hear appeals involving the administration of the personnel system. TheCommission may also submit to the Mayor and the City Council such recommendations concerning the personnel I system as it deems appropriate. The members of the Civil Service Commission shall serve staggered three -year terms. One member shall be selected by the Mayor, one by the City Council, and one member shall be elected by the civil service employees; all I members shall be removed only for cause by their selecting authority.. The manner of election and removal of the member representing the civil service employees shall be as provided by ordinance. Should a member of the Commission be unable for any reason to I perform any of his or her Commission duties, then the Commission may select a temporary member in a manner to be established by ordinance. (As amended at November 8, 1977 election, and November 2, 1999 election.) III ARTICLE XVI. Personnel System and Civil Service Sec. 6. CIVIL SERVICE APPEALS PROCESS Il . T he Commission shall establish rules for its own operation. The Commission shall have p a e the power to administer oaths, issue subpoenas, receive relevant evidence, compel the 0 production of documents, question witnesses at hearings which it conducts, and issue such remedial orders as it deems appropriate. In any appeal involving a disciplinary action, the employee shall have the right to cross - examine witnesses, and to ask for the a 37 , 1 attendance of witnesses and production of relevant evidence. In all cases the appellant or the official whose action is challenged shall have the right to a public hearing and to be represented by a person of his or her choice. The Commission may delegate to one or more Hearing Examiners any of its powers, but a decision by a Hearing Examiner may be appealed to the Commission by either party. A record of the proceedings shall be made. Neither the Personnel Director, nor his or her staff, shall serve as Hearing Examiner or staff for the Commission. Hearings shall be conducted on a timely basis and decisions rendered within ninety days after the hearing is completed. If the Commission fails to decide an appeal within ninety days, unless the appellant consents to an extension, the decision, if any, of the Hearing Examiner shall be sustained. No person shall be entitled to appeal to the Civil Service Commission if the subject of the appeal has previously been the subject of binding arbitration under a labor contract. (As amended at November 8, 1 n 1977 election, and November 2, 1999 election.) . - 1 Notes: . Cases: An application to Superior Court for review of Civil Service Commission decision must be filed within the time prescribed by statute or court rule for appeal to the superior court from a court of limited jurisdiction. Vance v. Seattle, 18 Wn.App. 418, 569 P.2d 1194 (1977). Under an earlier Charter article, failure of an aggrieved employee to follow the procedure for contest of an examination barred review of the matter by the courts. State ex rel. Dunn v. Elliott, 6 Wn.2d 426, 107 P.2d 915 (1940). The time limits for appeal of a discharge apply to a resignation under threat of discharge. Pleuss v. Seattle, 8 Wn.App. 133, 504 P.2d 1191 (1972). Under the earlier article, the Civil Service Commission validly sustained a discharge by finding that the employee was engaged in conduct unbecoming a police officer although not in the degree alleged by the department. State ex rel. Savin v. Seattle, 65 Wash. 645, 118 Pac. 821 (1911); Bridges v. Patterson, 135 Wash. 436, 237 Pac. 998 (1925). ARTICLE XVI. Personnel System and Civil Service Sec. 7. SUSPENSION OR DISMISSAL: No member of the civil service may be suspended or dismissed from employment exce t except justifiable cause. A written statement of the reasons for suspension or dismissal shall be delivered . to the employee by the head of the department and filed with the Commission. Any employee who is suspended or dismissed shall be entitled to an appeal to the Commission except as provided in Section 6. (As amended at November 8, 1977 election.) ARTICLE XVI. Personnel System and Civil Service Sec. 8. OUTSIDE EMPLOYMENT BY CITY EMPLOYEES City employees may engage in lawful outside employment to the extent permitted by ordinance. (As amended at November 8, 1977 election.) Notes: 38 1 Cases: Under an earlier article, Superior Court review o the Civil Service Commission p f o ssaon record is limited to inquiring whether the prescribed rules were followed and whether the Commission acted in an arbitrary and capricious manner. State ex rel. Perry v. Seattle, 69 Wn.2d 816, 420 P.2d 704 (1966). Accord: State ex rel. Price v. Seattle, 20 Wn.2d 17, 145 P.2d 286 (1944); State ex rel. Littau v. Seattle, 189 Wash. 64, 63 P.2d 515 (1937). a The Civil Service Commission hearing is on the merits, rather than testing whether the department head's discipline was arbitrary and capricious. State ex rel. Perry v. Seattle, I 62 Wn.2d 891, 384 P.2d 874 (1963); Deering v. Seattle, 10 Wn.App. 832, 520 P.2d 638 (1974). Under an earlier article, the appointing authority could not delegate removal of a subordinate and had to sign the order of dismissal personally. State ex rel. West v. Seattle, 61 Wn.2d 658, 379 P.2d 925 (1963). A Civil Service Commission rule authorizing D the delegation of the appointing power is void. State ex rel. West v. Seattle, 50 Wn.2d 94, 309 P.2d 751 (1957). 1 ARTICLE XVI. Personnel System and Civil Service Sec. 9. LABOR NEGOTIATIONS The right of City employees to bargain collectively, through representatives of their own choosing, shall not be abrogated by the City, but no collectively bargained contract shall become effective without ratification by the City Council. The City Council shall not ratify any contract which is inconsistent with this Charter. (As amended at November 8, 1977 election.) a Notes: a Cases: Were it not for Rule 7.030) of the Seattle Civil Service Laws and Rules, 'City Charter Art. 165C 9 would violate the supremacy clause of the United States Constitution, thus the conflict between the Charter and the rule did not invalidate the rule. Lindsay v. a City of Seattle, 86 Wn.2d 698, 548 P.2d 320 (1976). Amendment to Charter recognizing the right of collective bargaining and requiring the establishment of uniform procedures on personnel matters was judicially construed to mean that the required uniform . . procedures established would apply to employees represented by a bargaining representative only to, the extent that the uniform procedures did not involve personnel matters which were appropriate subjects of collective bargaining. City of Seattle v. Auto • II Sheet Metal, Etc., 27 Wn.App 669, 620 P.2d 119 (1980). - ARTICLE XVI. Personnel System and Civil Service Sec. 10. The ordinance required by Section 1 of this Article shall be enacted by November 8 1978. The provisions of Article XVI in effect prior to the adoption of this amended Article XVI shall remain in effect until the ordinance required by Section 1 of this Article takes effect. (As amended at November 8, 1977 election.) p Notes: 1 39 Cases: Personnel ordinance was not invalid because it was not passed within the time limit set by the City Charter. City of Seattle v. Auto Sheet Metal, Etc., 27 Wn.App 669, 620 P.2d 119 (1980). ARTICLE XVII Salaries and Bonds Section 1. SALARIES No officer or employee of the City shall receive any compensation for his or her service as such except by salary, which shall be fixed and paid as prescribed by ordinance. The salary of no officer of the City shall be increased or diminished during his or her term of office. (As amended at November 2, 1999 election.) ARTICLE XVII Salaries and Bonds Sec. 2. ANNUAL VACATIONS or Officers and employees on a five- day -week basis shall receive annual vacations with pay at the rate of at least twelve working days per year, and others shall receive proportionate annual vacations as prescribed by ordinance. Provided, that longer vacation periods may be prescribed by ordinance on a uniform basis. Notes: 1 Cases: Seattle City Charter provision for annual paid employee vacations was construed to require vacation pay for intermittent and temporary employees as well as regular permanent full -time and part -time employees. Scannell v. City of Seattle, 97 Wn.2d 701, 648 P.2d 435 (1982). 1 ARTICLE XVII Salaries and Bonds Sec. 3. OFFICIAL BONDS 1 All salaried officers of the City other than police officers, detective officers and fire fighters shall, before they enter upon their official duties, give bonds, conditioned on the 1 faithful performance of such duties. The amounts of all such bonds shall be fixed by ordinance. (As amended at November 2, 1999 election.) ARTICLE XVII Salaries and Bonds Sec. 4. BOND OF CHIEF OF POLICE It shall be one condition of the bond of the Chief of Police that he or she shall p a Y all such actual damages as may be sustained by any person, arrested without a warrant, or by reason of any false or unlawful imprisonment, by or under the direction of such Chief of Police. ARTICLE XVIII. Elections 1 Section 1. ELECTIONS; GENERAL AND SPECIAL 1 40 1 General municipal elections and special elections shall be held at such times, and for such E purposes, as the City Council may, by ordinance, prescribe, subject to state law. (As 1 . amended at November 2, 1999 election.) 1 ARTICLE XVIII. Elections Sec. 2. OFFICES NONPARTISAN I All municipal elective offices under this Charter shall be nonpartisan. (As amended at November 2, 1999 election.) Notes: Cases: The. City Council lacks jurisdiction to try a contest between candidates claiming to be elected to a city office. State ex rel. Navin v. Weir, 26 Wash. 501 (1901). I . ARTICLE XVIII. Elections 1 Sec. 3. SUBMITTING QUESTIONS TO VOTERS Whenever any question is to be submitted to the electors of the City and the method of I such submission is not specially provided by this Charter or by general law, the same may be submitted at either a general or special election, and the method of submission shall be substantially as follows: The City Clerk shall prepare a notice containing the II proposition in full, and shall .cause the same to be published in full in the City official newspaper in accordance with state law, and the ballots at such election shall contain such statement of the proposition as shall be prescribed by ordinance. (As amended at 1 November 7, 2006 election.) ARTICLE XVIII. Elections Sec. 4. DISCLOSURE OF CAMPAIGN CONTRIBUTIONS The Council shall by ordinance require public disclosure of campaign contributions to - I and expenditures by or on behalf of candidates and ballot issues in a timely manner prior to and after elections, provide for regulation of such disclosure, and establish penalties for violations. The ordinance shall restrict the use of any facility of public office in 1 support of any campaign.1 (As amended at November 2, 1976 election.) Notes: I , 1. Editor's Note: Ord. 106653, regulating election, campaign contributions, is codified in Chapter 2.04 of this Code. Cases: Seattle campaign financing ordinance held valid I against contention that it authorized a public gift or subsidy in violation of Article 8, Section 7 of the Washington State Constitution or allowed use of public office or agency I facilities for campaigns..in violation of RCW 42.17.130 and the Seattle Charter. City of Seattle v. State, 100 Wn2d 232, 668 P.2d 1266 (1983). A secret contract employing an agent to conduct a recall campaign without disclosing the principal is contrary to public policy and void. Stirtan v. Blethen, 79 Wash. 10, 139 Pac. 618 (1914). 1 41 1 1 ARTICLE XVIII. Elections Sec. 5. Repealed at November 2, 1976 election. ARTICLE XIX. Officers; Terms and Vacancies Section. 1. ELECTIVE OFFICERS The elective officers of The City of Seattle shall be: A Mayor, a City Attorney, and the 1 members of the City Council. (As amended at November 5, 1991 election.) ARTICLE XIX. Officers; Terms and Vacancies Sec. 2. QUALIFICATIONS OF ELECTIVE AND APPOINTIVE OFFICERS All elective officers of the City shall be citizens of the United States and qualified 1 electors of the State of Washington and registered voters of The City of Seattle at the time of filing their declaration of candidacy and shall be able to read and write the English language. All officers appointed by the Mayor shall be persons with proven administrative ability, and especially fitted by education, training or experience to perform the duties of such offices, and shall, except when otherwise provided in this Charter, be appointed without regard to political affiliation or residence at the time of appointment. (As amended at November 4, 1969 election.) ARTICLE XIX. Officers; Terms and Vacancies Sec. 3. TERMS OF ELECTIVE OFFICERS The terms of the Mayor, the City Attorney, and of Councilmembers shall be four years. (As amended at November 5, 1991 election.) ARTICLE XIX. Officers; Terms and Vacancies Sec. 4. OATH OF OFFICE; OFFICIAL BOND Every Councilmember and every other officer of the City and y y a d the head of every department, before entering upon the duties of his or her office, shall take and subscribe an oath or affirmation that he or she possesses all the qualifications prescribed for his or her office, by this Charter; that he or she will support the Constitution of the United States, and of the State of Washington, and the Charter and ordinances of The City of Seattle; and that he or she will faithfully conduct himself or herself in office. Every officer, when so required by law or ordinance, shall, before entering upon the duties of his or her office, and within ten days after his or her election or appointment, give bond to the City in such sum as shall be designated by ordinance or otherwise, conditioned for the faithful performance of his or her duties, and that he or she will pay over all moneys belonging to the City, as provided by law. If any person elected or appointed to any office shall fail to take or subscribe such oath or affirmation, or to give bond, as herein required, his or her office shall be deem ed vacant. (As amended at November 2, 1999 election, and November 7, 2006 election.) 42 1 ( Notes: Cases: An officer who fails to furnish an official bond is a de jure officer under a defeasible title and subject to disqualification. State ex rel. Chealander v. Carroll, 57 D Wash. 202, 106 Pac. 748 (1910). . I ARTICLE XIX. Officers; Terms and Vacancies • Sec. 5. VACANCIES; FAILURE TO QUALIFY; ABSENCE WITHOUT LEAVE; DISABILITY . III An office becomes vacant on failure to qualify within the time limited by law; upon the death or removal from office or resignation of the incumbent, or his or her removal from or absence from the City for sixty days without leave of the City Council, or upon an adjudication of insanity; by a conviction of drunkenness, or by any permanent disability, preventing the proper discharge of duty. 11 , . ARTICLE XIX. Officers; Terms and Vacancies Sec. 6. VACANCIES • 1 HOW FILLED A. APPOINTIVE OFFICES: If any appointive office shall become vacant, the same shall, except as is otherwise provided in this Charter, be filled in the a same manner as if at the beginning of the term, and the .person appointed to fill the vacancy shall hold office for the unexpired term. B. MAYOR AND OTHER ELECTIVE OFFICES: If the office of Mayor shall become vacant, the President of the City. Council D shall become Mayor; provided, that said President may within five days of such vacancy decline the office of Mayor, in which event the City Council shall select one of its members to be Mayor in the manner provided for filling vacancies in other elective III offices. If any other elective office shall become vacant, the City Council shall, within twenty days thereafter, proceed to select by ballot a person to fill such vacancy, who shall . possess the qualifications required for election to.such office; such selection to be I effective only upon the affirmative vote of a majority of all members of the City Council. If any elective office shall not be filled within twenty days after it becomes vacant, the City Council shall meet and ballot at least once each day, excluding Saturdays, Sundays p and:legal holidays, until such vacancy has been filled. C. PERSONS FILLING VACANCIES IN ELECTIVE OFFICE; LENGTH OF TERM: A person who thus succeeds to fill a vacancy in an elective office shall hold such office until a successor is 1 elected and qualified. Such successor shall be elected at the next regular municipal general election or at a special election held in concert with the next state general election, whichever occurs first, and shall hold the office for the.remainder of the 1 unexpired term and until a successor is elected and qualified; provided, should a vacancy in an elective office occur after the filings for elective office have closed for the next regular municipal general election or state general election, no successor for the I unexpired term shall be elected until the next succeeding regular municipal general election or state general election, whichever occurs first. Persons elected, . succeeding ex officio, or selected to fill vacancies shall qualify within the same time and in the same 1 1 43 .. 1 manner as rescribe for p d or persons elected for full terms. (As amended at November 4, 1969 election.) 1 ARTICLE XIX. Officers; Terms and Vacancies Sec. 7. SUSPENSIONS AND REMOVALS; TEMPORARY VACANCIES 1 Any elective or appointive officer may be suspended and removed for cause by the Council, as hereinafter provided and the Council shall temporarily fill the vacancy, except as hereinafter provided. Any officer appointed by the Mayor may removed by him or her, except as otherwise provided in this Charter, upon filing with the City Council a statement of his or her reasons therefor. ARTICLE XIX. Officers; Terms and Vacancies Sec. 8. SUSPENSION OF ELECTIVE AND APPOINTIVE OFFICERS; NOTICE; MEETING OF THE COUNCIL; CHARGES; HEARING Whenever the Council shall suspend any officer it shall immediately notify the officer of such suspension and the cause thereof. The accused shall be furnished with a copy of the charges, and shall have the right to appear with counsel and make his or her defense. The City Council shall speedily try such officer on such charge, and for that purpose shall have power to adjourn from time to time until the trial shall be completed, to summon and compel the attendance of witnesses, to hear their testimony, to receive other evidence, and to hear the arguments of counsel. SUSPENSION OF COUNCILMEMBERS; CHARGES; TRIAL; REMOVAL: In case of the suspension of a member of the City Council by that body, the member so suspended shall be tried in like manner as herein provided, except that the charges may be preferred by any elector or member of the City Council. In either case, the President of the City Council shall preside at such trial, and in his or her absence or disability the acting President. If two - thirds of all the members of the City Council shall by resolution find the accused guilty, then the 1 suspended officer shall thereby be removed from office. ARTICLE XIX. Officers; Terms and Vacancies 1 Sec. 9. OFFICERS TO HOLD OVER Every elective and every appointive officer 'shall hold office until his or her successor has 1 qualified, except as otherwise in this Charter provided. "That Section 10 of Article XIX of the City Charter of The City of Seattle relating to the holding of other public offices by City officers, interest in City contracts, acceptance of passes for free transportation, and eligibility of elected officers to an appointive office during the term for which elected is hereby repealed." (As adopted at November 6, 1973 election.) ARTICLE XX. Charter Amendments Section 1. PROPOSED BY COUNCIL • Any amendment or amendments to this Charter may be proposed in the City Council, and if the same be agreed to by a majority of all the members, such proposed amendment or 44 1 II 1 amendments shall be entered upon the journal with the yeas and nays of the members voting thereon. Upon the passage of any such amendment or amendments, the same shall 1 be submitted to electors of the City for their ratification at the next general state or municipal election, which shall be at least sixty days after the adoption of such proposed amendment in the council; and if at . such election any such amendment shall be ratified I • by a majority of the qualified electors voting thereon, the same shall thereby become a part of this Charter, and within five days after certification of the results of such election shall be by the Mayor by proclamation published in the City official newspaper and I proclaimed a part thereof: Provided, that if more than one amendment be submitted at the same general state or municipal election the same shall be submitted at such election in such manner that each proposed amendment may be voted on separately without prejudice to others; and provided further, that after the passage of such proposed amendments through the Council the same shall be published in accordance with state I law by the City Clerk prior to the day of submitting the same to the electors for their approval. (As amended at November 5, 2002 election, and November 7, 2006 election.) . . 1 Notes: Cases: Submission of a proposed amendment to the City Charter replacing the Library I Department Article as a single proposition was valid since all sections related to the same subject matter. State ex rel. Lowman, Etc., Printing Co. v. Riplinger, 30 Wash. 281, 70 Pac. 648 (1902). (Riplinger was cited in Blaine v. Hamilton, 64 Wash. 353, 116 Pac. I . 1076 (1911) for the converse principle that submission of multiple sections without a unity of purpose is invalid.) The City Council may submit a proposed Charter amendment to the voters by resolution. Ehrhardt. v. Seattle, 33 Wash. 664, 74 Pac. 827 (1903). II ARTICLE XX. Charter Amendments Sec. 2. PROPOSED BY VOTERS III Whenever fifteen percent in number of the registered voters of the City voting votin at the last preceding election for the office of Mayor shall file with the. City Council a petition for a - I specified Charter amendment, which shall be set forth in full in such petition, it shall be the duty of the City Council to submit said amendment to the voters of the City for their ratification or rejection at the next general municipal election occurring at least sixty days I after the filing of such petition; such amendment shall be submitted in the manner provided by law for the submission of propositions to the voters of the City, provided: That when such petition is filed with the City Council it shall be the duty of the City 0 Clerk to convey the .signed petitions to the officer responsible for verification of the sufficiency of signatures under state law, and to convey to the City Council any report received as to the number of valid signatures contained in such petition. The Council II shall provide by ordinance a penalty for affixing to any such petition any false signature. If at the general municipal election at which such amendment is submitted, a. majority of • the lawful voters voting thereon shall by their vote ratify any amendment so submitted, II the same shall thereby become a part of the Charter and within five days after certification of the results of such election it shall, by proclamation of the Mayor, which shall be published in the city official newspaper, be so proclaimed, provided: That if III 45 .1 1 more than one amendment be petitioned for and submitted at the same election such amendments shall be submitted in such manner that the electors may vote for or against each amendment separately, and provided further; That, after submission by the City 1 Council, every such amendment shall be published by the City Clerk in accordance with state law prior to such election and such other notice shall be given as may be required by state law for the submission of propositions to the voters of the City for their ratification or rejection. (As amended at November 5, 2002 election, and November 7, 2006 election.) 1 ARTICLE XXI. Streets Upon Tide Lands and Sea and Lake Shores Section 1. STREETS OVER TIDE LANDS AND INTO LAKES All streets, avenues and other public highways heretofore established upon, over or across any tide lands within The City of Seattle, or into the waters of Lake Washington, 1 Lake Union, Green Lake or other lakes, streams or bodies of fresh water within The City of Seattle, either under and by virtue of the Constitution and laws of the State of Washington or under and by virtue of any charter or ordinance of The City of Seattle, or 1 by the dedication of any plat within the City or by any other lawful authority established as public streets or highways, are hereby continued, established and declared to be public streets and highways of The City of Seattle, subject to the same power of the City to 1 control, improve or vacate the same as is or shall be provided for other public streets and highways within the City. The City Council may by ordinance extend, establish or vacate any street over or across or along the harbor, shore or tide lands in the City. 1 ARTICLE XXII. Miscellaneous Subjects Section 1. MONEY IN TREASURY CREDITED TO PROPER FUNDS 1 All moneys in the City Treasury at the time of adoption of this Charter shall be credited to the several funds to which the same belong. 1 ARTICLE XXII. Miscellaneous Subjects Sec. 2. PRIVILEGES GRANTED BY ORDINANCE 1 No privilege shall be granted that suspends or conflicts with any ordinance, except by ordinance. 1 ARTICLE XXII. Miscellaneous Subjects Sec. 3. BOOKS AND RECORDS; INSPECTION; CERTIFIED COPIES; FEES 1 All books and records of every office and department shall be open to the inspection of any citizen at any time during business hours. Copies or extracts from said books and 1 records, duly certified, shall be given by the officer having the same in custody to any person demanding the same, and paying or tendering, for the use of the City, such fees as shall be established by ordinance. (As amended at November 2, 1971 election.) 1 Notes: 1 46 1 1 Statutory Reference: For provisions regarding disclosure of public records, see RCW 42.17.250 through 42.17.340. ARTICLE XXII. Miscellaneous Subjects Sec. 4. PUBLIC OFFICES OPEN; WHEN A Except when otherwise provided by law, p p y ,all public offices shall be kept open for business on such days and for such hours as the City Council shall by ordinance prescribe.1 Notes: 1. Editor's Note: Ord. 79957, designating public office hours, is codified in Chapter 3.102 of this Code. II . ARTICLE XXII. Miscellaneous Subjects Sec. 5. OFFICES CREATED, PERSONS EMPLOYED AND COMPENSATION FIXED, BY LAW No office shall be created, nor shall any person be employed in any capacity, nor shall any officer, clerk or employee receive any salary or compensation for any service of any kind, unless the same is specially provided for or authorized by law. ARTICLE XXII. Miscellaneous Subjects Sec. 6. CERTAIN OFFICERS MAY ADMINISTER OATHS I Every officer authorized by law or ordinance to allow, audit or certify demands upon the treasury, or to make any official investigation, shall have power to administer oaths and affirmations and take and hear testimony concerning any matter or thing relating thereto. ARTICLE XXII. Miscellaneous Subjects Sec. 7. OFFICERS LIABLE FOR APPROVAL, ALLOWANCE OR PAYMENT A OF UNAUTHORIZED CLAIMS • Every officer who shall approve, allow or pay any demand on the Treasury not I authorized by law shall be liable to the City individually and on his or her official bond for the amount paid by the City upon such demand in excess of the amount lawfully due from the City thereon. ARTICLE XXII. Miscellaneous Subjects Sec. 8. POWER TO APPOINT GIVES POWER TO REMOVE Unless otherwise provided by law or this Charter, each officer, board or department authorized to appoint any deputy, clerk, assistant or employee, shall have the right to remove any person so appointed. • A 47 1 ARTICLE XXII. Miscellaneous Subjects Sec. 9. APPOINTMENTS IN WRITING; FILING All appointments of officers and employees to be made under this Charter must be in writing, and authenticated by the board or officer making the same. ARTICLE XXII. Miscellaneous Subjects Sec. 10. APPOINTIVE OFFICERS TO HOLD UNTIL SUCCESSORS APPOINTED All appointive officers in office when this Charter takes effect shall continue to hold and exercise their respective offices under and in accordance with the terms and provisions and obligations of this Charter, until the appointment and qualification of their respective successors. ARTICLE XXII. Miscellaneous Subjects Sec. 11. TERMS OF OFFICERS IN OFFICE WHEN CHARTER ADOPTED The elective officers of the City in office when this Charter takes effect, shall continue in office for the remainder of their terms, and until their successors shall have qualified. ARTICLE XXII. Miscellaneous Subjects Sec. 12. ANNUAL REPORTS OF DEPARTMENT HEADS The head of every department, except the Mayor and President of the City Council, shall annually, on or before the first day of April, make a report to the Mayor and City Council showing the amount of business transacted in his or her department, the condition thereof, and containing recommendations as to any legislation by him or her deemed necessary or advisable to improve the service rendered by his or her department. Such annual report shall be for the year ending December thirty -first preceding the making thereof. . ARTICLE XXII. Miscellaneous Subjects Sec. 13. RETIREMENT, DISABILITY, PENSION AND DEATH BENEFIT SYSTEM 1 The Legislative Authority may, by ordinance, establish a retirement and pension system for superannuated officers and employees of the City and of the Seattle Public Library, 1 and may likewise so provide for a system of death benefits and for a disability pension system to cover permanent, partial or temporary disability incurred by such officers and employees, and any such disability pension system so established shall thereupon, to the extent of any conflict, supersede the provision for compensation during disability provided for in this Charter. Any such pension system, and death benefit system, shall be financed jointly by the City and the members; provided, that prior to the establishment of any or all such systems, reports shall be secured from a competent actuary of the cost of the same, which report shall constitute the financial basis of any pension or death benefit 48 1 system adopted hereunder. City officers or employees who are members y p y of other employees' pension systems pursuant to state law shall not at the same time be eligible to membership hereunder. Notes: Cases: To be l p aced on the ballot for the next election, a petition must be filed in time for compliance with state procedures relating to elections. State ex rel. Linn v. Superior a Court 33 Wash. 664, 74 Pac. 827 (1903). ARTICLE XXII. Miscellaneous Subjects Sec. 14. CERTAIN.INCUMBENTS IN OFFICE: Incumbents, if any, holding the offices of Director of Finance, Superintendent of Parks and Recreation, and Personnel Director on the effective date of the 2006 amendments to Articles VIII, XI, and XVI shall first be subject to reappointment and reconfirmation - on February 1, 2011. (As adopted at November 7, 2006 election.) ARTICLE XXIII. City Transit Commission a "That as of the effective date of an ordinance providing for the performance of the functions of the Seattle Transit Commission by another City department or departments 1 and officers, Article XXIII of the City Charter which created a Seattle Transit Commission and establishes its powers and authority, be repealed and the functions of such Commission be performed by such other city department or departments and 111 officers as provided by ordinance; and that Charter provisions inconsistent herewith are superseded." (Adopted by vote of electors, November 3, 1970.) (CERTIFICATION OF CHARTER) STATE OF WASHINGTON)) COUNTY OF KING) ss. ) CITY OF SEATTLE) We, the undersigned freeholders of The City of Seattle elected at the general municipal election held in said on the thirteenth day of March, 1945, under the provisions of the constitution and laws of the State of Washington, to prepare a new charter, by altering, changing, revising, adding to or repealing the existing charter of The City of Seattle, do hereby certify that the foregoing charter has been prepared by us, and is hereby submitted as the charter for said City. IN WITNESS WHEREOF, we have I hereunto set our hands this 28th day of September, A.D. 1945. VICTOR ZEDNICK, Chairman G. W. ROBERGE, Secretary M. O. ANDERSON FRED C. BECKER CARROLL CARTER HOWARD G. COSTIGAN HENRY W. CRAMER CHAS. W. ' DOYLE C. L. HOWARD CHAS. T. OLIVER HENRY W. PARROTT ALFRED J. WESTBERG LYLE F. WILSON WALTER L. WYCKOFF 1 1 1 49 1 • 1 CITY OF SPOKANE 1 Article I: Name, Boundaries, Powers, Rights and Liabilities I Section 1 Name • • Section 2 Boundaries I Section 3 Powers, Rights and Liabilities Section 4 Powers — How Exercised I Article II: Elective Officials Section 5 Elective Officials Section 6 Qualifications Section 7 Salary 111 Section 8 _ Vacancies • Section 8.5 Recall of Elected Official for Violation of Code of Ethics 1 Article III: Council and Legislation • Section 9 Council President and Council I Section 10 Meetings Section 11 Voting Power Section 12 Form and Manner of Legislation • Section 13 Subject of Ordinance I Section 14 Enacting Clause Section 15 Time of Passage Section 16 Ordinances — Signing and Attesting • . Section 17 Ordinances — Publication of I Section 18 Ordinances — Recording and Authentication Section 19 Ordinances — When Effective • Section 20 Direct Legislation — When Effective • . I Section 21 Amendments and Repeals Article IV: Administration of City Affairs I Section 22 Administrative Branch ' Section 23 Mayor Pro Tem Section 24 Mayor I Section 25 Administrative Departments Section 26 Salary Section 27 Duties of City Clerk . I Section 28 City Attorney — Qualifications Section 29 City Attorney — Duties Section 30 City Engineer — Qualifications • I Section 32 City Attorney — Assistants" - Section 33 Special Counsel Section 34 Oath of Office • . Section 35 Bonds of Officers I Section 36 Officers or Employees Not to be Interested in Contracts Section 37 Procurement of Public Works, Goods and Services Section 38 Contracts and Documents — Execution of Section 39 Publicity Provisions — Official Gazette 1 • • Article V: Parks and Park Board • 1 Section 41 Park Board — How Created 11 Section 42 Park Board — Term of Office - Section 43 Park Board — Removal From Section 44 Park Board — Organization Section 45 Park Board — Accounts and Reports — Annual Statements Section 46 Park Board — Compensation Section 47 Office of Park Board Section 48 Park Board — Powers Section 49 Condemnation for Park Purposes Section 50 Annual Budget for Support of Parks' Section 51 Disbursement of Park Funds Article VI: Civil Service Section 52 Election of Civil Service Commissioners — Organization and Employees — Finances — Payroll Approval — Personnel Administration Section 53 Powers and Duties of Commission Section 55 Suspension, Reduction in Rank and Discharge — Appeals Section 56 Commission — Rules and Regulations Article VII: Municipal Elections Section 57 Municipal Elections Section 58 Elections — When Held Section 59 Council Districting Section 60 Council Redistricting Section 61 Fees Section 67 Recall Article VIII: Neighborhood Councils Section 71 Neighborhood Councils Program — Creation Section 72 Neighborhood Councils Program — Organization Section 73 Neighborhood Councils Program — Establishment Section 74 Neighborhood Councils Program — Neighborhood Council Duties and Responsibilities Section 75 Neighborhood Councils Program — Community Assembly — Purpose Section 76 Neighborhood Councils Program — Community Assembly — Compensation 111 Article IX: Legislation by the People Section 81 General Power Section 82 The Initiative Section 83 Referendum Section 84 Submission by Council 111 Section 85 Capital Expenditures Section 86 Publication of Ordinances — Notice of Election Section 87 Adoption of Ordinances Section 89 Repeal or Amendment of Ordinances Passed by the People Section 90 Number of Elections Section 91 Regulations by Council 11 11 • Article X: Local Improvements ' Section 92 Local Improvements Section 93 Initiation Section 94 Sale of Bonds • • Article XI: Franchises • Section 95 Term I Section 98 Renewals Section 99 Specified Location Section 100 Publication Section 101 Referendum ' Section 102 Compensation to City Section 105 Right -of -use by City • Section 106 Conditions of Franchises Section 108 Reports • ' Section 109 Franchises Not to be Capitalized Section 110 .Transfer of Franchises Section 111 Common User Provisions Section 112 Non -user of Franchises ' Section 113 Construction of this Article Article XII: Miscellaneous • Section 115 . Claims Against City • Section 116 Liability of Owner of Abutting Property Section 116.5 Liability for Utilities and Franchise Holders • I Section 117 Power to Subpoena Witnesses Section 118 Public Works Section 119 Continuation of Ordinances Article XIII: Municipal Indebtedness Section 121 Power to Incur Indebtedness Section 122 Incidental Power of Council • Section 124 Sale of Bonds Article XIV: Amendment 1 Section 125 Amendment of the Charter ' Article XV: Plan Commission • Section 126 Establishment Section 127 General Authority Section 128 Specific Powers • I Article I: Name, Boundaries, Powers, Rights and Liabilities Section 1. Name ' The corporate name of this City shall be Spokane, Washington, hereinafter referred to in this charter as the "City" or the "City of Spokane." ' Effective Date: March 25, 2009 11 ORD C34385 Section 1 1 Section 2. Boundaries The boundaries of the City shall be the same as at present and they may be changed in the manner provided by law.. Effective Date: 1910 Section 3. Powers, Rights and Liabilities By and in the corporate name, the City shall have perpetual succession; shall have and exercise all powers, functions, rights, and privileges now or hereafter given or granted to, and shall be subject to all the duties, • obligations, liabilities, and limitations now or hereafter imposed upon, municipal corporations of the first class, by the constitution and laws of the State of Washington; and shall have and exercise all other powers, functions, rights and privileges usually exercised by, or which are incidental to, or inhere in, municipal corporations of like character and degree. 1 Effective Date: 1910 1 Section 4. Powers — How Exercised All power of the City, unless otherwise provided in this charter, shall be exercised by mayor and city council in a strong -mayor form of government. They shall be subject to the control and direction of the people at all times by the initiative, referendum, and recall provided for in this charter. Effective Date: March 25, 2009 ORD C34385 Section 2 1 Article II: Elective Officials Section 5. Elective Officials a. The elective offices of the City shall be the mayor, council president, and six council members. The mayor shall be the chief executive officer of the City. The city council, consisting of the council president and six council members, shall constitute the legislative body of the City. They shall be elected to a term of four years each by the qualified electors of the City in the manner provided in this charter and by the general laws of the state. b. The City shall be apportioned into three council districts of generally equal population, numbered one through three. Each district shall have two city council positions, numbered one and two. c. General municipal elections are held in November in odd - numbered years. At one such election there shall be elected the mayor, council president, and three council members in position number one; at the next, the three council members in position number two shall be elected. d. Candidates for city council shall be nominated and elected by the electors within each candidate's district; candidates for mayor and council president shall be nominated and elected by the electors of the entire City. Effective Date: March 25, 2009 ORD 04385 Section 3 Section 6. Qualifications 1 1 I , a. A erson must be a qualified p qua fed elector of the City of Spokane and have been a resident of the City, and of the appropriate council district, for the one year immediately preceding the time of filing as a candidate j for, or the time of appointment to, the office of mayor, council president, or council member. No person I shall be eligible to hold the office of council president or council member in any city council district after having served two consecutive terms as any council member or any other elective city office except • mayor. No person shall be eligible to hold the office of mayor after having served two consecutive terms 1 as mayor or any other elective city office except council member or council president. No person shall be eligible to hold any elective city office while holding any other elective public office, nor shall any elective official of the City engage in any other capacity in city employment or office. More than one -half term shall count as a whole term. Terms served prior to the enactment of this amendment shall not be 1 counted. b. An elected office shall be declared vacant, pursuant to Section 8(a) of this charter, should the official cease to maintain residency in the City, and primary residency within his or her district, in the case of I council members. A council member shall not be disqualified from his or her current term of office if district lines change, causing the council member to live outside his or her respective district. When this affects a current council member, that person shall be allowed to complete his or her current term of office. Residence and voting within the limits of any territory, which has been included in, annexed to, or consolidated with the City shall be construed to be residence within the City. Effective Date: March 25, 2009 ORD C34385 Section 4 1 . . Section 7. Salary . I The annual salary of the mayor shall be 80 000 or an amount equal to the salary of the highest i n' Y $ q ry g st pa d City employee (other than administrative officer as provided in Section 24), whichever is greater. The annual salary of I the council president shall be $22,500. The annual salary of a council member shall be $18,000. The salaries of the offices of mayor, council president, and council members may be increased or decreased from time to time by ordinance, but any change in the compensation attaching to a office shall not be applicable to the term then being served by the incumbent. I Effective Date: November 1999 ORD C32441 Section 4 1 . Section 8. Vacancies I a. The office of mayor, council president, or council member shall be deemed vacant because of: 1. failure to qualify within ten days after certification of election or as otherwise provided by state 1 law, or 2. death, or 3. resignation, or 1 4. removal from office by recall, or 5. failure to maintain residency requirement of the office, or . I 6. absence by the council president or a council member from four consecutive regularly scheduled meetings of the city council without being excused by the council, or 7. conviction of a felony, or ' 8. incompetency judicially declared. I b. A vacancy on the council of a council member elected by district shall be filled by the selection of a qualified person, resident in the district in which the vacancy occurs, by majority vote of the remaining l members of the council. The appointee so selected holds office until the next general municipal election at which election a person is elected to the office for the unexpired term, or for the next full term, as the 1 1 case may be. 1 c. In the event of a vacancy in the office of mayor or council president, the members of the council may follow the procedure of Section 8(b), or they may elect one of their number to the vacant office of mayor or council president and follow the procedure of Section 8(b) to appoint a person from the district in which the vacancy occurred to the position left vacant by the person assuming the office of mayor or council president. Effective Date: March 25, 2009 ORD C34385 Section 5 1 • Section 8.5. Recall of Elected Official. for Violation of Code of Ethics A. An elected official of the City may be subject to a recall election if the ethics committee determines that •the elected official has knowingly committed a violation of the code . of ethics, that the violation constitutes moral turpitude rendering the elected official unfit to remain in office, and that there are no mitigating circumstances. The ethics committee may make a recommendation to the city council that the elected official be subject to a recall election and that his or her name be placed on a recall election ballot to be placed before the elector for determination. The recommendation of the ethics committee that an elected official be subject to a recall election shall be in addition to any other available penalties established by ordinance. B. The city council, by a vote of a majority plus two, may pass a resolution to place the elected official's name on a recall election ballot for action by the voters of the City on the next available general or special election established by state law. The city attorney shall prepare a ballot synopsis for the recall election. C. If approved by a majority of the electors voting in the election, the elected official shall be removed from office effective the date the recall election results are certified by the county auditor. D. The city council may adopt, by ordinance, procedures to implement the provisions of this charter section. Such procedures shall be consistent with the provisions of this charter section. Effective Date: March 25, 2009 ORD C34385 Section 6 11 Article III: Council and Legislation Section 9. Council President and Council a. The council president shall preside at all meetings of the city council. The council president• shall be a member of the city council with equal rights and privileges and entitled to vote on all matters coming before the city council, but shall possess no veto power. The council president shall exercise such other powers and perform such other duties consistent with the office as are conferred by this charter and by the city council. b. The city council shall establish its own rules and order of business. 1 c. Four council members shall be a quorum for the transaction of business, but in the absence of a quorum the members present may adjourn the meeting to a later date. d. The city council shall have authority to employ such staff as it may deem necessary. Such employees shall serve at the pleasure of the city council and shall not be under civil service while so employed. Effective Date: March 25, 2009 ORD C34385 Section 7 11 a r Section 10. Meetings The city council shall meet at the time and place fixed by ordinance, but must hold regular weekly meetings unless prior notification of the meeting cancellation is provided. Special meetings shall be called by the city clerk on the written request of the mayor, council president, or a majority of the council members. Such request shall state the matter(s) to be considered and no other matter(s) shall be considered at such special meeting. At least twenty- ' four hours' notice of the time and place of such special meeting and the matters to be considered shall be given to each council member and to others as may be provided by state law. All meetings of the city council shall be public, except as otherwise provided by state law. r Effective Date: March 25, 2009 ORD C34385 Section 8 1 Section 11. Voting Power ' Every ordinance and resolution shall require an affirmative vote of at least four council members for passage, and the ayes and nays shall be taken and recorded by the city clerk. Upon the request of any member, the ayes and nays shall be taken on any question and recorded by the city clerk. r Effective Date: March 25, 2009 ORD C34385 Section 9 ' Section 12. Form and Manner of Legislation All legislation and appropriations of money shall be by ordinance; save where there is.a special fund created for a particular purpose, payments from such fund shall be made on order of the city council. Every ordinance and resolution shall be in writing and filed with the clerk before a vote is taken thereon. r Effective Date: March 25, 2009 ORD C34385 Section 10 Section 13. Subject Su sect of Ordinance ' The subject of every ordinance shall be set out clearly in the title thereof, and no ordinance except one making appropriations shall contain more than one subject. Ordinances making appropriations shall be confined to the subject of appropriations. Effective Date: 1910 • ' Section 14. Enacting Clause • The enacting clause of all ordinances shall be in the words: "The City of Spokane does ordain." Effective Date: 1910 • Section 15. Time of Passage • a. Every ordinance except those enacted under the provisions of Section 19(a) of this charter shall have two public readings by title, which readings shall not be on the same day. At least three consecutive O business ess days shall elapse between the introduction and the final passage of any ordinance, except as otherwise provided in this charter or state law. b. Every ordinance appropriating moneys for any purpose shall be considered and passed in the manner prescribed by state law. Every ordinance, except those enacted under the provisions of Section 19(a) of this charter, authorizing the entering into of any contract involving a liability on the part of the City in excess of five thousand dollars shall remain on file at least five calendar days before its passage. Effective Date: March 25, 2009 ORD 04385 Section 11 111 Section 16. Ordinances — Signing and Attesting a. Every ordinance, except those which become emergency ordinances, passed by the city council shall, within five days thereafter, be presented to the mayor. b. Within ten days after its presentation, the mayor shall either sign the ordinance and return it to the city clerk; or veto the ordinance and return it to the city clerk with a written and signed statement of the reasons for the mayor's veto; or sign and partially veto an appropriation ordinance and return it to the city clerk with a written and signed statement of the reasons for the partial veto. If an ordinance is not returned by the mayor within ten days after its presentation it shall be deemed enacted without the mayor's signature. Within thirty days after an ordinance has been vetoed and returned or partially vetoed and returned, the city council may override the veto or partial veto by enacting the ordinance by a minimum five affirmative votes. c. Every ordinance passed by the city council shall be signed by the mayor, or the council president or two city council members in the event of prior mayoral veto, and attested by the city clerk. d. An ordinance passed by a majority plus one of the whole membership of the council, designated as a public emergency ordinance necessary for the protection of public health, public safety, public property, or the public peace as provided in Section 19(a)(1), may be made effective upon passage and shall not be subject to veto by the mayor. Effective Date: March 25, 2009 ORD C34385 Section 12 1 Section 17. Ordinances — Publication of Every ordinance shall be published once in the Official Gazette, hereinafter provided for, within ten days after its passage by the city council. Effective Date: March 25, 2009 ORD C34385 Section 13 Section 18. Ordinances — es Recording and Authentication Every ordinance shall be attested by the city clerk and recorded in the city clerk's office. 1 Effective Date: March 25, 2009 ORD C34385 Section 14 1 Section 19. Ordinances — When Effective 1. 1 a. The following ordinances may be passed by the city council on the first reading by b title and shall take effect immediately upon passage, unless otherwise provided in the ordinance: 1. An ordinance necessary for the immediate preservation of the public peace, health, or safety or for the immediate support of city government and its existing public institutions; provided, it has in its preamble or body a statement of the facts giving rise to the necessity for immediate effectiveness and it is passed by a vote of one more than a majority of the council. • 1 2. An ordinance or resolution setting the annual tax levy. 3. An ordinance adopting the annual budget. • 4. An ordinance making appropriations. 5. An ordinance implementing local improvement districts or confirming assessments therefor. 6. An ordinance which has been approved by the electors by referendum or initiative. b. The effective date of an ordinance shall be thirty days after its enactment unless a later.day is specified in the ordinance or this charter. An ordinance which is subject to the veto power of the mayor and which is not vetoed, or the approved portions of an ordinance which has been partially vetoed, shall be deemed enacted on the date that it is approved by, or ten days after it is presented to, the mayor. An ordinance which is vetoed, or the vetoed portions of an ordinance, shall be deemed enacted on the date that the . city council overrides the veto or partial veto. An ordinance which is not'subject to the veto power of the mayor shall be deemed enacted on the date it is approved by the city council. Effective Date: March 25, 2009 ORD C34385 Section 15 • • Section 20. Direct Legislation — When Effective • Ordinances passed by the electorate of the City shall take effect at the time fixed therein, or, if no such time is designated therein, at the date of the election certification. . Effective Date: March 25, 2009 ORD C34385 Section 16 1 • Section 21. Amendments and Repeals Amendments and repeals of ordinances or sections thereof shall be by ordinance. An amending ordinance shall contain the entire ordinance or section amended. Effective Date: 1910 • • Article IV: Administration of City Affairs Section 22. Administrative Branch a. Except as otherwise provided by this charter, neither the council president, the city council, nor any ' member thereof shall give orders to any subordinate of the City under the jurisdiction of the mayor, either publicly or privately. However, the city council and the council president are not precluded from requesting information from city staff. The council president or any council member shall not attempt to ' coerce or influence a city employee regarding any contract or the purchase of any supplies'. b. While fulfilling the duties of city employment, no city employee shall actively engage in a political campaign for mayor, council president, council, or other elective city office or take an active part in t securing or contributing moneys toward the election of any candidate for elective city office. No city employee shall use such position, office, facilities, or public resources to attempt to persuade any other employee or person to participate in or contribute to any political campaign for mayor, council president, • • city council ty member, or other elective office. c. Nothing in this section shall be construed to prevent -the city council in proper cases from ratifying or confirming any action by the mayor. Effective Date: March 25, 2009 ORD C34385 Section 17 Section 23. Mayor Pro Tem • In case of the absence, suspension, or disability of the mayor, or if a vacancy shall occur in the office, the council president shall perform the duties of the mayor until the mayor shall return to duty or until the appointment of his of her successor shall have been made. Effective Date: November 1999 • ORD C32441 Section 11 • Section 24. Mayor The mayor shall be the executive officer of the City. In addition to the powers and duties granted a chief executive and /or administrative officer under the law of the State of Washington, the mayor shall have the following powers and duties: 1 1. The power to appoint and remove the administrative heads and assistant administrative heads in each department of the city government, provided the appointment of an administrative head shall be subject to the approval of the council and, further.provided, that the head or assistant head of any . department shall not be deprived by any such removal of any standing under the civil service provisions of this charter which the employee may have had before appointment as head. or assistant head of a department. 2. The power to appoint and remove a city clerk, provided such appointment shall be subject to the approval of the city council. 3. The power to appoint and remove the city attorney, provided such appointment shall be subject to the approval of the city council. 4. The power to appoint and remove, subject to the civil service provisions of this charter, all other officers and employees of the City of Spokane or to authorize the head of a department or officer responsible to the mayor to appoint and remove subordinates in such department or office. 5. The power to make all other appointments required to be made by the mayor by the laws of the State of Washington and in the manner provided thereby. 6. The power to appoint and remove a chief or assistant administrative officer who, under the general • supervision of the mayor, shall assist the mayor, supervise, in the discretion of the mayor, the administrative offices and perform such other duties as are delegated to the position, from time to time, by the mayor. The salary of such administrative officer shall be fixed in the discretion of the mayor but shall not exceed one hundred ten percent of the salary of the highest paid employee of the City (other than the mayor or such administrative officer) or such higher amount as set by the city council, from time to time. 7. The power to appoint and remove an executive secretary and assistants not subject to civil service, whose compensation shall be fixed by the city council. 8. Whenever the city council shall be required to appoint any member of a board, commission, or other body, unless the appointee is a council member, it shallbe the duty of the mayor to nominate a suitable person for such appointment. If the city council refuses to appoint any nominee of the mayor, then the 1 1 • • ,mayor shall, within ninety days thereafter, nominate another person to fill the office, and may continue to nominate until appointment. If the mayor fails to make another such nomination within ninety days, I i then the city council shall select a suitable person to fill the . The power to initiate the removal of a council appointee, other than a council member appointee to a committee of the council, by recommending such removal to the city council. The council shall consider the request. If a majority of the council is in favor, the appointee shall be removed. Upon such removal, the vacancy for the unexpired term, if any, shall be filled by appointment in the same manner as if at the beginning of the term, except as otherwise provided in this charter. • 10. The duty to see that all laws and ordinances are faithfully enforced and that law and order are r maintained in the City. 11. The duty of the mayor annually at the second meeting of the city council in October to communicate by message to the city council a statement of the conditions and affairs of the City, and to recommend the adoption of such measures he or she may deem expedient and proper. The mayor shall make special communication to the city council from time to time as he or she may deem useful and proper, and shall submit reports on city matters when so requested by the city council. • 12. The duty to prepare and present to the city council a budget and a budget message setting forth the,' programs proposed for the City during the next fiscal year. • r 13. The power to recommend to the city council for adoption such measures and ordinances as may be deemed expedient and to make such other recommendations to the city council concerning the affairs of the City as may seem desirable., • r 14. The power to veto ordinances or parts of ordinances passed by the council and submitted to him or her as provided herein but such veto may be overridden by the vote of a majority of all council members plus one more vote. • r 15. The power to make investigation into the affairs of the. City under the supervision of the mayor or any department or division, or the proper performance of any contract or obligation running to the City of Spokane. • 16. The power to make recommendations in connection with the awarding of public contracts and shall see that all contracts made by the City of Spokane are faithfully performed. • • 17. The duty to hold no employment other than that of the City. 111 18. The duty to approve for payment and submit to the city council at each meeting for its allowance all claims and bills. Effective Date: March 25, 2009 ORD C34385 Section 18 • • • Section 25. Administrative Departments • Administrative departments.shall be created or discontinued by the city council at the time of the adoption of the annual budget, as the public business may demand. The rights, powers, and duties of the departments shall be` prescribed, distributed, assigned, established, or discontinued by ordinance. Effective Date: March 25, 2009 ORD C34385 Section 19 • • Section 26. Salary • • r Except as otherwise provided by this charter, city officers, assistants, and employees shall receive such salary rY or compensation as the city council shall fix by ordinance and the same shall be payable at such times as the city council shall determine. Effective Date: March 25, 2009 ORD C34385 Section 20 1 Section 27. Duties of City Clerk • • The clerk shall perform the duties required by this charter and by the council; keep a record of the proceedings of the council, and of every matter and thing before, presented to, or acted upon by the council; certify all accounts ordered paid by the council; be the custodian of the official seal of the City and affix the same to all documents when authorized so to do. Effective Date: 1910 1 • Section 28. City Attorney — Qualifications The city attorney shall be a member of the Bar of the State of Washington, and shall have practiced law within the State of Washington not less than five years immediately preceding his or her appointment. Effective Date: November 1983 ORD C27115 Section 1 • Section 29. City Attorney — Duties A. The city attorney shall be the legal advisor of the City officers; shall conduct all cases in court and all other actions and proceedings not in charge of special counsel, to which the City may be a party or in which it may be interested; and perform such other duties as may be required by the city council. The city attorney shall keep a docket and record of all cases and of the proceedings therein, shall keep copies of all official written communications, and shall deliver the same to any successor in office. Effective Date: November 1983 ORD C27115 Section 1 1 Section 30. City Engineer — Qualifications The city engineer shall be a licensed civil engineer and shall have practiced engineering not less than five years immediately preceding his or her appointment. Effective Date: March 25, 2009 ORD C34385 Section 21 • 1 Section 32. City Attorney — Assistants • The city attorney shall have the power to appoint and remove assistants. Effective Date: November 1983 ORD C27115 Section 1 1 1 Section 33: Special Counsel The mayor, upon approval of the city council, at any time may employ other or special counsel to take charge of special matters or to assist the city attorney. Effective Date: November 1999 ORD C32441 Section 14 1 Section 34. Oath of Office - • Every elected officer, before entering upon the duties of office, shall make and file with the clerk an oath or affirmation to support the Constitution of the United States and of the State of Washington, and to perform faithfully, honestly, and impartially the duties of office. Effective Date: March 25, 2009 ORD C34385 Section 22 • 11 Section 35. Bonds of Officers Such officers and employees of the City as the city council may determine by ordinance shall furnish and file surety bonds in the amounts fixed by such ordinance. The bonds shall be approved by the city council, mayor, and city attorney. Effective Date: November 2000 ORD C32717 Section 11 • Section 36. Officers or Employees -Not to be Interested in Contracts a. Any member of the city council having a personal interest in any matter brought before the council shall declare the same to the council president and shall not vote or otherwise participate on said matter. b.. No officer or employee of the City of Spokane having the power to perform an official act related to a contract or transaction which is or may be the subject of an official action of the City shall: 1. have or acquire any interest in such contract or transaction; or • 2. have solicited, accepted, or granted a present or future gift, favor, service, or other thing of value from or to any person involved in a contract or transaction with the City of Spokane. ' c. All contracts of the City shall be free from all influence of or benefit to, directly or indirectly, any officer or employee of the City. This shall apply to the solicitation or receiving of any pay, commission, money, or other thing of value, or any benefit, profit, or advantage, directly or indirectly, from or by reason of• any improvement, alteration, or repair required by authority of the City, or any contract to which the City • shall be a party, except for the lawful compensation or salary as such officer or employee, and except as hereinafter provided. ' Effective Date: March 25, 2009 ORD C34385 Section 23 Section 37. Procurement of Public Works, Goods and Services . 1 1 Subject the 7ect to t e general laws of the State of Washington, the city council shall by ordinance regulate the manner in which the City contracts for public works, personal services, and the acquisition and disposition of property. The city council shall employ accepted procurement principles, reserving in all cases the right to reject all bids, proposals, or other offers, and, as trustee of public funds, shall in all procurements of public works, goods, and services promote the public interest. Effective Date: November 1983 ORD C27100 Section 1 Section 38. Contracts and Documents — Execution of All written contracts, bonds, and instruments of every kind and description to which the City shall be a party shall be executed in the name of the City by the mayor or the council president under the direction of the city council, or their respective designees, and attested by the city clerk, and when necessary, shall be acknowledged. Effective Date: March 25, 2009 ORD C34385 Section 24 Section 39. Publicity Provisions — Official Gazette a. The mayor shall cause to be issued each week a document entitled the Official Gazette, in which shall be published a summary of the council's proceedings. The Official Gazette may be published on the City's official Web site or other reasonable medium. b. All official City matters which by this charter, or by order of the mayor or city council, are or may be required to be published shall be published in the Official Gazette, unless other publication is required by the laws of the State of Washington or the United States. c. A copy of the Official Gazette shall be furnished without charge to the State Library, the Spokane Public Library, the newspapers of Spokane and to persons requesting a copy. Effective Date: March 25, 2009 ORD C34385 Section 25 1 Article V: Parks and Park Board Section 41. Park Board — How Created A park board is hereby created which shall consist of ten electors of the City of Spokane, who shall be appointed by the council, and one member of the council to be designated by the council. The council shall have power to remove any member for cause and to fill vacancies on the board. Effective Date: March 25, 2009 ORD C34385 Section 27 Section 42. Park Board — Term of Office 1 The term of office of the ten appointed members shall be five years. Members shall be limited to two terms. Less than a half -term shall not constitute a term should an individual be appointed to fill the unexpired term of one, who for any reason, does not serve his or her entire five -year term. The term of office of two members shall expire each year on the first Tuesday of February at 12:00 noon. 1 Effective Date: March 25, 2009 f ORD C34385 Section 28 1 . Section 43. Park Board - Removal From • It shall be the duty of the council to remove from office any member who, after due notice of the meetings of the board, shall be absent therefrom, without leave, for three successive months. 1 Effective Date: 1910 • Section 44. Park Board — Organization a. On the second Tuesday of February of each year the board shall elect a president and a vice president from its members, and a secretary, who may, or may not, be a member of the board. • b. Six members of the board shall constitute a quorum for the transaction of business, and six affirmative votes shall be necessary to adopt or carry any measure. The board shall have regular public meetings at least once a month, at their regular place of meeting. c. The board shall have the power to make bylaws and rules for the conduct of business. Effective Date: March 25, 2009 • ORD C34385 Section 29. • Section 45. Park Board — Accounts and Reports Annual Statements • . r The board shall keep books of account and records of all its transactions. The board, at the end of each month and at the end of each fiscal year, shall furnish to the council a detailed report of receipts and expenditures and a statement of all other business transacted, which shall be maintained by the park department. All records, books, and files of the board shall be open to public inspection. Effective Date: March 25, 2009. ORD C34385 Section. 30 1 • Section 46. Park Board'— Compensation r No member of the board, except the secretary, shall receive any compensation. The compensation of the secretary shall be fixed by the board. Effective Date: March 25, 2009 ORD C34385 Section 31 • • Section 47. Office of Park Board • The office of the park board shall be located in a suitable location as determined by the park board and approved by the mayor. • Effective Date: March 25, 2009 • ORD C34385 Section 32 1 1 1 Section 48. Park Board — Powers The park board shall have power: to lay out, establish, purchase, procure, accept, and have the care, management, control, and improvement of all, parks and grounds used for park purposes, all boulevards, connecting parks and structures thereon, and all parkways, now or hereafter owned or controlled by the City whether within or without the City limits, and may designate them by name; to lay out, establish, and improve boulevards and parkways, and to designate as a boulevard or parkway any existing highway or part thereof, but the highway or part thereof so designated shall remain under the control of the council; to exercise supervision over all shade trees, shrubs, and plants of all kinds on or in the streets and public places of the City and over all resting places, water stations, playgrounds, and parade grounds; to make rules and regulations for the use of parks and provide for the enforcement of such rules and regulations; to prohibit or determine the place and manner of making excavations, and of placing or maintaining wires, pipes, poles, posts, masts and supports in parks or highways, and to compel the alteration or removal thereof at any time; to improve and adorn parks and park property and do all things necessary or proper to render the parks or other property of value to the public; to grant concessions, leases, and privileges under such restrictions and for such compensation as it shall prescribe, the revenue of which shall go into the park fund; provided that, no concession or privilege shall ever be granted for the sale of any intoxicating liquors in any public park, square, play or recreation ground, park drive, parkway or park boulevard of the City; and that no concession, lease, or privilege shall be granted for a period of more than three years unless approved by ordinance. Nor shall either the park board or the city council, after January 1, 1982, have :the power to allow the use of any part of Riverfront Park then or thereafter dedicated to park purposes by sale, lease, rent, permit, license, or other assignment for permanent commercial purposes without the prior approval of the City voters given by a majority vote in a regular municipal election. Permanent commercial purposes shall not include commercial activities existing prior to January 1, 1982, nor any activities operated directly by the City of Spokane or the park board for fee, nor any activity not having a fixed location, nor shall it include any activities approved by the park board not to exceed thirty days and renewable for periods not exceeding thirty days. 1 In no case shall the expenditure of the park board exceed the amount donated or appropriated for park purposes. Real and personal property may be granted, bequeathed, or devised to the City and accepted by the park board 1 for park purposes or for the establishment or maintenance in parks of museums, zoological or other gardens, collections of natural history, observatories, buildings, fountains, monuments, statues, or other works of art upon the trust and conditions prescribed by the donors thereof; and all such property, together with the income-and profits thereof, shall be under the exclusive control of the park board. All property acquired by the park board shall be in the name of the City. Neither the park board nor the city council shall have the power to sell or exchange any existing park or portion thereof without the prior approval of the electorate given by a majority vote at the next ensuing general municipal election or special municipal election, as the case may be. Effective Date: November 1987 ORD C28870 Section 1 • • 1 1 1 . Section 49. Condemnation for Park Purposes . a. If the board shall be unable to purchase at a satisfactory price any lands or other property for park purposes or be unable to make a satisfactory arrangement as to compensation, the council, upon notice given by the board, shall condemn the same at the expense of the park fund. b. Any property desired for park purposes in which any member of the park board or council may be interested shall be acquired by condemnation proceedings. The petition for condemnation shall set forth the interest of such member. Effective Date: 1910 1 Section 50. Annual Budget for Support of Parks • The city council shall provide in the park fund each fiscal year sufficient funds in order to maintain the parks, P ark systems, and related activities, and to provide for the expenses authorized by this article. Such allocation shall be I sufficient in amount and shall be a sum that represents no Tess than eight percentum of the general fund expenditures of the last completed fiscal year. The funds so established may be reduced or otherwise adjusted . by the city council only insofar as the total adopted general fund budget is reduced because of the insufficiency of revenues and in direct proportion to the reduction of the general fund budget. The funds so provided shall be used for the support of the parks and recreation department and shall be under the control of the park board. Effective Date: November 1983 ORD C27101 Section 1 • • Section 51. Disbursement of Park Funds • All taxes levied for park purposes, as provided in this charter, all moneys realized from the sale of park bonds, all moneys appropriated by the council for park purposes or received by the park board from any other source shall be turned into and kept in a fund designated the park fund and be deemed appropriated and shall be used exclusively for the purposes set forth in this article, and shall be expended upon the order of such officer or officers of the park board as may be selected by it for that purpose by resolution; copies of such resolution, duly certified, shall be filed with.the accounting director. Said moneys shall be paid out by the treasurer upon warrants, checks, drafts, notes, or other order of the City of Spokane signed by the authorized city staff. Effective Date: March 25, 2009 ORD C34385 Section 33 • • , . Article VI: Civil Service Section 52. Election of Civil Service Commissioners - Organization and — Finances Payroll Approval — Personnel Administration a. There is created a civil service commission which shall be composed of five members, hereinafter referred to as the "commission." The commission members shall be appointed as follows: biennially, one member shall be appointed by the city council and one member shall be appointed by a joint committee composed of the police and fire officers unions and the employee members of the Spokane employees' retirement board, each for a term of four years, and every four years a fifth member shall be appointed by the other four commissioners for a term of four years, all to serve until their successors have been appointed and qualified. Any person other than an elective official, officer, or employee of the City of Spokane shall be eligible ible to the office tY P 9 of civil service commissioner if the person is a citizen of the United States and a resident of the City of Spokane. 1 • 1 All appointments to the commission shall be filed with the city clerk of the City of Spokane and before an ty tY P Y commissioner shall take office the person shall take and file an oath of office with the city clerk. The civil service commissioners shall receive such compensation as shall be fixed by the city council by ordinance. Vacancies shall be filled by appointment as in the case of original appointments. The incumbent members of the civil service commission or their successors appointed by the city council shall 1 serve as commissioners until the appointment and qualification of the new commission members hereunder. b. Immediately after their appointments, and each two years thereafter, the commission shall organize by electing a chairman and vice chairman from its members. It shall adopt rules for the conduct of its meetings and hearings, and shall hold regular meetings at least once a month and such additional meetings as may be required for the proper discharge of its duties. Three members shall constitute a quorum. All meetings and hearings of the commission shall be open to the public. c. The commission shall employ a chief examiner and such civil service assistants and employees as may be necessary, who shall be under civil service. The chief examiner.shall also act as secretary for the commission. The chief examiner shall keep minutes of its proceedings, which shall be public, and preserve all reports made to it. He or she shall keep a record of all examinations held and perform such other duties as the commission may prescribe. d. The city council shall provide in the city budget for each fiscal year a sum of not less than one -half of one percent, nor more than one percent, of the last completed fiscal year's total payroll of the classified city employees included within the scope of this article. The funds so provided shall be used for the support of the commission, and be under the control of the commission. Any unexpended funds at the end of the fiscal year shall revert to the general fund of the City. e. Neither the head of any department nor the city auditor shall approve or pay any salary, wage, or compensation for services of any employee within the scope of this article unless a payroll, estimate, or account for such salary, wage, or other compensation contains the names of persons to be paid, the amount to be paid the position, and such other information which, in the judgment of the commission, should be furnished on the payroll; and such payroll, estimate, or account bears the certificate of the commission, or of its chief examiner or other authorized agent, that the persons therein named have been appointed or employed in compliance with the terms of this article and the civil service rules; and that the payroll, estimate, or account, is, insofar as known to the commission, a true and accurate statement. The commission shall refuse to certify the salary or wages of any such employee whom it finds to be illegally or improperly appointed or employed. The refusal to so certify shall not affect the remainder of a payroll. f. The mayor and the commission, acting jointly, shall have authority to adopt rules consistent with this article setting forth the principles and procedures to be followed in the adoption of any personnel program. g. Employees within the scope of this article who have served a period of time equivalent to the required probationary period in any position classified prior to March 8, 1955, shall retain their positions, unless removed for cause. Employees within the scope of this article who have served a period of two years prior to the effective date of this amendment in any position which is hereafter classified shall retain their positions, unless removed for cause, provided such classification is made by the commission prior to March 1, 1961. Effective Date: March 25, 2009 ORD C34385 Section 34 1 Section 53. Powers and Duties of Commission • The commission shall be required to advise the city council and administrative officers on all matters relating to 1 civil service in the city service and shall have the power and duty: 1 1 a. to classify all positions of the City and of the park board, except seasonal positions and the appointive officers mentioned in the charter. Classifications shall be made so as to place each type of service in a separate group and by dividing each group into grades on the basis of equivalent functions and responsibilities. Positions heretofore or hereafter classified shall constitute the classified service and no appointments or promotions shall be made to any such positions except in the manner provided by this article and the rules of the commission. A seasonal position shall be construed to mean one which occurs, terminates and recurs periodically; b. to provide for open free and competitive examinations to test the relative fitness of applicants for all positions classified and for publication of notice of all examinations; 1 c. to provide general qualifications for applicants for positions in the classified service; d. to create eligible lists upon which shall be entered the names of successful candidates in the order of ' their standing on the examination and for certification of those on the appropriate list to department heads for appointment to fill vacancies and for the manner in which appointments shall be made from such list; provided that, on original appointments in the classified service honorably discharged veterans shall be given such preference as is provided by State law; e. to give practical tests which shall consist on_ ly of subjects which will fairly determine the capacity of persons examined to perform the duties of the PP osition to which appointment is to be made. Such tests P may include tests of physical fitness or manual skills or both; ' f. to provide for a period of probation not to exceed one year both on original and promotional appointments, before the appointment is made permanent, during which time, in the case of an original appointment, the probationer may be discharged, or, in the case of a promotion, returned to a position in his or her former classification by the head of the department, board, or office in which employed; g. to hold sufficient examinations so that an eligibility list and promotional list shall exist at all times.. Examinations shall be held for any position at least thirty days prior to the expiration date of the I eligibility list for such position; . h. to prevent the stoppage of public business, or to meet extraordinary exigencies, the mayor may, with the approval of the commission, make temporary appointments and only until regular appointments under the provision of this article can be made, provided such appointments shall not exceed thirty days; i. to provide procedures for lay -offs for lack of work or funds, reinstatement after such lay -off or upon return to work after disability retirement; j. to investigate any and all matters relating to conditions of civil service employment in the city service, either in response to employees' complaints, or their duly authorized representatives, or on its own initiative; k. to investigate and pass upon the claim of any person whose name appears upon an eligible list, or who has a civil service classification that he or she has been deprived of or separated from a position to which he or she is entitled under the provisions of this article and the rules of the commission, in which case, the commission shall by rule provide the procedure for hearing such claims. The decision of the commission on any such claim shall be binding upon the appointing authority; providing that, such • person shall not be entitled to any claim for salary from the City for the period prior to the time of filing such claim with the commission; I. to make and promulgate all civil service rules not inconsistent with this article, and any amendments thereto, and to carry out and enforce the purpose of this article; provided that, the existing rules, insofar as the same may be consistent with the provisions of this article, shall remain in full force and effect. Any 1 rule or amendments hereafter adopted shall be in writing and filed with the secretary of the commission, at least one week prior to action thereon, shall only be acted upon at a regular meeting of the commission, and shall not become effective until ten days after publication thereof in the Official Gazette, m. the commission or any of its members, or any of its authorized agents, shall have the authority in the course of any investigation or hearing to administer oaths and to require the attendance of any officer or employee or other person, and to require the production of books and papers relevant to such • investigation or hearing. . 1 • 1 Effective Date: November 2000 ORD C32716 Section 2 1 Section 55. Suspension, Reduction in Rank and Discharge — Appeals An employee may be suspended, reduced in rank, or discharged only by the mayor as follows: a. Any employee may be suspended for a period of not more than five days for disciplinary purposes with loss of salary and without right of appeal by filing a copy of such order of suspension with the commission, provided that no employee may be given more than one such suspension in any calendar year. b. Any employee may be suspended for a period of not more than sixty days for cause and with Toss of salary. c. Any employee may be reduced in rank for cause. d. Any employee may be permanently discharged from city service for cause. The person making an order of suspension, reduction in rank, or permanent discharge under subdivisions (b), (c), or (d) hereof shall forthwith file with the commission a statement of such order which shall contain the reasons therefor, and serve a copy of the order on the employee. Within ten days after filing and service of said order, the employee may file a written appeal with the commission who shall hold a hearing thereon within ten days after filing the appeal. The commission shall render its decision in writing within ten days after the hearing. The commission may sustain the order of suspension, reduction in rank or permanent discharge or may order the employee reinstated to his or her employment. Any reinstatement shall carry back salary from the date of the order of suspension, reduction in rank or permanent discharge to date of re- employment. Requiring an employee to work more than his or her regular work week or during his or her vacation, except in an emergency, shall be equivalent to a suspension, and the employee shall have a right of appeal direct to the commission within ten days after termination of such occurrence. A hearing shall be held as herein provided, and if a violation of this article or the rules is found to exist, the commission shall order proper salary adjustments, which order shall be served upon the city auditor and honored by him or her. No employee may be suspended twice for the same act. The decision of the commission shall be final. Effective Date: November 2000 ORD C32716 Section 3 Section 56. Commission — Rules and Regulations • The commission shall have power to make proper rules and regulations for the conduct of its business. Effective Date: 1910 1 Article VII: Municipal Elections • Section 57. Municipal Elections 1 At all municipal elections — general, special, and primary—the manner of electing officers and of submitting questions or propositions to the qualified electors, conducting and voting at elections, opening and closing of polls, keeping the poll lists, duties of election officers, canvassing the votes, declaring the results and certifying the returns, shall be in accordance with state law. Effective Date: November 19, 1980 ORD C25656 Section 1 - 11 • • 1 • Section 58. Elections — When Held The manner and method of holding and calling all municipal elections, both general and special, shall be according to State law. All municipal elections shall be non - partisan and by the qualified electors of the City. Effective Date: November 1999 • ORD C32336 Section 4 1 • Section 59. Council Districting 1 a. Membership of the districting board shall consist of the council president and one other council member who shall serve as advisory members, and three qualified representatives. b. Qualified candidates for the districting board must satisfy the following criteria: 1.. Candidates must be registered voters within the City of Spokane. . 2. Candidates must be current residents of the City and have maintained a primary residence within the City for the past two consecutive years. c. No member of the districting board shall: 1. have been a registered lobbyist in the State of Washington within one year prior to selection; 1 2. campaign for elective office or actively participate in or contribute to any political campaign of any candidate for local, state, or federal office while a member of the districting board; 3. hold or campaign for any city council position for two years after the effective date of the districting plan. d. The districting board shall convene a minimum of five public hearings throughout the City to receive written and oral comments and to accept proposed districting plans from the general public. The districting board shall only consider those plans which are submitted by individual City residents. The districting board shall hold open meetings, prepare and disclose its minutes, and it may employ experts, consultants, and attorneys not employed by the City, as necessary to carry out its duties as established in this charter. The districting board shall utilize the most recent available census information and guidelines for districting as established in RCW 44.05.090, as applicable. • e. No more than ninety days from the effective date of this charter amendment, the districting board shall submit three districting plans to the city council for final public review and comment. No more than one 1 hundred twenty days from the effective date of this charter amendment, the city council shall select one . of the districting board's plans without alteration, except for data errors. Upon adoption by a majority .. vote of the city council, the districting plan shall be submitted to the clerk of the city council. The districting plan shall become effective upon filing and the districting board shall be relieved of any further duties and disbanded. The districting plan shall be in force until the effective date of the plan based upon • the next succeeding federal decennial census or until a modified plan takes effect as established in this charter.' • Effective Date: November 1999 • ORD C32336 Section 5 • • Section 60. Council Redistricting = I a. Pursuant to this charter, a decennial districting board shall be established during the year of state and . federal redistricting to accomplish city council redistricting. • 1 b. Pursuant to this charter, a modified council districting plan may be established only within the fifth year of the decennial districting cycle, as defined in Section 5(A). Should the city council determine that a modified districting plan is warranted for population adjustment, a districting board shall be established. c. The schedule for developing, filing, and implementing a district plan shall be established by the city council upon confirmation of the districting board. Effective Date: November 1999 • ORD C32336 Section 6 Section 61. Fees At the time of filing a declaration of candidacy, the candidate shall pay all fees in the amount and manner as provided by state law. Effective Date: March 25, 2009 ORD C34385 Section 35 Section 67. Recall The holder of any elective office, whether elected or appointed thereto, may be removed by recall in the manner prescribed by state law. Effective Date: November 2000 ORD C32687 Section 7 r Article VIII: Neighborhood Councils Section 71. Neighborhood Councils. Program — Creation A neighborhood councils program is hereby created which shall consist of the following bodies: Neighborhood councils, the community assembly and the office of neighborhood services which shall be established in accordance with the rules and procedures designated in the following sections. Effective Date: November 2000 ORD C32687 Section 1 Section 72: Neighborhood Councils Program— Organization A. The neighborhood councils and community assembly shall have the power to make bylaws and rules for the conduct of their business. B. The neighborhood councils and community assembly shall act as advisors to the city council and the mayor. C. The office of neighborhood services shall act as the staff support for the neighborhood councils program and as the liaison between the neighborhood councils, the community assembly, the city council, the mayor and the various city departments. D. The neighborhood councils program shall operate within the management structure of the Spokane city • government as a separate department. r 1 1 II E. There shall be established a position within the office of neighborhood services designated as the • director of neighborhood services. I Effective Date: March 25, 2009 ORD C34385 Section 36 I Section 73. Neighborhood Councils Program — Establishment I A. In order to foster communication between the citizens of Spokane and all facets of City government neighborhood councils may be formed or existing associations may be recognized by the city council when they meet the minimum standards for recognition. Neighborhoods wishing to form recognized I councils are encouraged to do so and may request assistance in the process by the City's office of neighborhood services and the community assembly. A neighborhood council must meet and continue to maintain conformity with the following minimum standards: 1. Clear geographic boundaries. . 2. Adherence to established bylaws that ensure democratic deliberative and voting .procedures. 3. Periodic meetings. 4. Compliance with all applicable federal, state, and local laws. 1 5. Copy of the bylaws and all amendments filed with the office of neighborhood services. 6. Membership consisting of persons who are sixteen years of age or older and reside, own N property, or operate a business within the neighborhood council boundaries. ndaries remain fixed for one year. After a year a neighborhood council may propose an amendment to its boundaries to the community assembly for its review and recommendations. . 1 C. The geographic boundaries of a neighborhood council may extend to areas beyond the City limits but only members who reside, own property, or operate a business within those portions of the neighborhood council as are within the City may participate in official decisions of the neighborhood I council. D. Each neighborhood council designates at least two individuals to receive written documentation and other information from the City's office of neighborhood services and to be responsible for disseminating this information to their respective neighborhood councils. Effective Date: November 2000 ORD C32687 Section 3 Section 74. Neighborhood Councils Program — Neighborhood Council Duties and 1 Responsibilities . • A recognized neighborhood council may: I A. review and recommend an action, policy, or plan to the city council neighborhood committee, the city council, the mayor, the city and any city agency, commission, or board on any matter affecting that neighborhood; 1 B. assist City agencies in determining priority needs for the neighborhood; . C. review items for inclusion in the City budget and make recommendations relating to budget items for I neighborhood improvements; and D. undertake to manage projects as may be agreed upon or contracted with public agencies. • 1 • • 1 1 Effective Date: November 2000 • 1 ORD C32687 Section 4 • 1 Section 75. Neighborhood Councils Program — Community Assembly - Purpose 1 The community assembly is a coalition of independent neighborhood councils and serves as a forum for discussion of issues of broad interest. Each neighborhood council selects one representative and a designated alternate to serve on the community assembly. Representatives are expected to represent the interests of their respective neighborhood council. The community assembly meets with the city council neighborhood committee and the City's office of neighborhood services periodically to discuss community-wide issues. The responsibilities of the community assembly include to: A. review and recommend an action, policy, or plan to the city council neighborhood committee, the city council, the mayor, the City, and any city agency, commission, or board on any matter affecting the City; B. support and promote citizen participation and neighborhood enhancement; 1 C. promote and facilitate open communication between the City and neighborhood councils and provide the primary means of communication between individual neighborhood councils; D. support and assist, as requested, individual neighborhood councils in becoming recognized and in performing their functions and responsibilities; and E. serve as an information resource to neighborhood councils. Effective Date: November 2000 ORD C32687 Section 5 Section 76. Neighborhood Councils Program — Community Assembly — Compensation 1 No member of the community assembly, unless he or she is staff of the office of neighborhood services, shall receive any compensation. The compensation of the staff shall be fixed by the applicable rules for each designated position. Effective Date: November 2000 ORD C32687 Section 6 Article IX: Legislation by the People 1 Section 81. General Power The people of Spokane in regard to local legislative matters shall have the power of direct legislation by initiative and referendum. Effective Date: March 25, 2009 ORD C34385 Section 37 Section 82. The Initiative The initiative shall be exercised in the following manner and in accordance with the general laws of the state: • I a. Petition: A petition signed by registered and qualified electors of the City, accompanied by the proposed Y q tY� P Y P P f " legislation or measure in the form of a proposed ordinance, and requesting, that such ordinance be submitted to a vote of the people, if not passed by the council, shall be filed with the city clerk. b. Action by Council Upon Petition - Fifteen Per Centum Petition: If such petition be signed by registered and qualified electors in number at least equal to fifteen per centum of the total number of votes cast at 1 the last preceding general municipal election, the city council shall either pass such ordinance without alteration, or submit it to popular vote at the next available special or general municipal election. Less Than Fifteen Per Centum Petition: If such petition be signed by registered and qualified electors in number at least equal to five but less than fifteen per centum of the total number of votes cast at the last preceding general municipal election, the council shall either pass such ordinance without alteration or submit it to popular vote at the next available general municipal election. 1 Effective Date: March 25, 2009 . ORD C34385 Section 38 1 Section 83. Referendum If, prior to the date when any ordinance shall take effect, a petition signed by qualified electors in number at least equal to ten per centum of the total number of votes cast at the last preceding general municipal election shall be filed with the city clerk protesting against the enactment of such ordinance, it shall be suspended from taking effect. Thereupon the council shall reconsider such ordinance and, if it does not entirely repeal the same, shall submit it to popular vote at the next municipal election; or, the council, in its discretion, may call a special election • for that purpose, and such ordinance shall not take effect unless a majority of the qualified electors voting thereon at such election shall vote in favor thereof. . Effective Date: March 25, 2009 (I ORD C34385 Section 39 .. • • 1 Section 84. Submission by Council a. The council, of its own motion, may submit to popular vote for adoption or rejection at any election, any proposed ordinance or measure, in the same manner and with the same force and effect as provided in the article for submission on petition. b. The council shall submit to popular vote any proposed ordinance imposing or increasing the rate of a ... I business and occupation tax, except a tax upon utilities, and no such business and occupation tax ordinance shall take effect until approved by a majority of the electors voting thereon. Effective Date: November 1984 ORD C27612 Section 1 • . 1 . I Section 85. Capital Expenditures a. A vote of the people shall be required for capital expenditures (excepting that no vote of the people shall 1 be required for expenditures to provide for the necessary and legitimate expenses of the City, including maintenance and operation of existing facilities, assessments for construction of storm sewers, sanitary sewers, landfills, water mains and trunklines, street maintenance and construction, resurfacing streets, • snow and ice control, and /or expenditures of an emergency nature) requiring indebtedness of the 111 taxpayers and property owners for capital projects, including the mass burn plant for refuse disposal (waste -to- energy plant). b. The use of public funds for the construction of any new vehicular bridge in the Central Falls area of the Spokane River, defined in the shoreline management plan as the area between Division and Monroe Streets, including Havermale and Canada Islands, shall require an affirmative majority vote of approval 1 by the city electors, except as otherwise provided by the constitution and laws of the state. For the purposes of this subsection the construction of any new vehicular bridge shall not include the maintenance, resurfacing, renovation, or expansion of existing vehicular bridges. c. Capital expenditures for capital projects requiring a vote of the people shall include but not be limited to coliseums, convention centers, stadiums, planetariums, and new proposed projects not currently the obligation of the taxpayers and property owners. 1 d. No councilmanic bonds shall be used for capital projects. Any proposal for capital expenditures submitted to the voters must designate the revenue source sought for funding of a project or projects. Effective Date: March 25, 2009 ORD C34385 Section 40 11 Section 86. Publication of Ordinances — Notice of Election The clerk shall publish every proposed or referred ordinance in each number of the Official Gazette issued within fifteen days before the date of the election; and shall give such other notices and do such other things relative to such election, as may be required by law. Effective Date: November 1984 111 ORD C27612 Section 1 Section 87. Adoption of Ordinances 1 If a majority of the qualified electors voting on any proposed ordinance or measure shall vote in favor thereof the same shall thereupon, or at a time fixed therein, become effective as a law or as a mandatory order to the council. Effective Date: November 1984 ORD C27612 Section 1 Section 89. Repeal or Amendment of Ordinances Passed by the People No ordinance which has been passed by the council upon a petition, or adopted by popular vote, under the provisions of this article, shall be repealed or amended within three years, except by popular vote. After three years the council may pass an amendatory or repealing ordinance by a vote of one more than a majority. Any such ordinance shall be subject to referendum. Effective Date: November 1984 ORD C27612 Section 1 Section 90. Number of Elections There shall not be held under this article more than one special election in any period of six months. Effective Date: November 1984 ORD C27612 Section 1 Section 91. Regulations by Council 1 The council, by ordinance, may make other and further regulations for carrying out the provisions of this article not inconsistent herewith. Effective Date: November 1984 ORD C27612 Section 1 Article X: Local Improvements • Section 92. Local Improvements The City of Spokane shall have the power to order and carry out local improvements in the mode and manner prescribed by state law, including but not limited to: 1. alleys, streets, park drives, public places, and squares; 2. auxiliary water systems; 3. auditoriums, field houses, gymnasiums, swimming pools, and other recreational facilities; • Il 4. bridges, culverts, and trestles; 5. bulkheads and retaining walls; Il 6. dikes and embankments; 7. drains, sewers, and sewer appurtenances; 1 8. escalators and moving sidewalks; 9. parks and playgrounds; . • I 10. sidewalks, curbings, and crosswalks; • 11. street lighting systems; ' ' 1 12. underground utilities transmission lines; . 13. water mains, hydrants, and appurtenances; 1 14. fences, culverts, syphons, and coverings over open canals and ditches. Effective Date: November 16, 1981 ORD C25862 I Section 93. Initiation , Local improvements may be initiated by the city council or by petition of certain property owners. It shall be the responsibility of the city clerk to have available at all times informational sheets regarding the formation of local I improvement districts. Effective Date: November 16,.1981,;. ORD C25862 Section 94. Sale of Bonds . , 1 Local improvement district bonds shall be sold by negotiation or p y g by public sale at competitive bid, at the discretion of the council. Effective Date: November 16, 1981 ORD C25862 1 Article XI: Franchises Section 95. Term No exclusive franchise shall ever be granted and no franchise shall be granted for a period longer than twenty-five years. Effective Date: November 16, 1981 ORD C25862 Section 98. Renewals No franchise shall be renewed earlier than three years prior to its expiration. Effective Date: November 16, 1981 ORD C25862 Section 99. Specified Location Franchises for railroads and franchises for power lines in excess of thirty-five thousand volts shall specify plainly the streets or other public places or parts thereof to which they apply, and any other franchises shall state the bounds of the district or districts in which they shall be exercised. The City shall have the power, whether or not it is specified in any franchise, to regulate by ordinance, consistent with state law, the placing of wires carrying electricity. Effective Date: March 25, 2009 ORD C34385 Section 41 • 0I Section 100. Publication Proposed 'ordinances for the granting of franchises, or a summary thereof, shall be filed with the city clerk and published once a week for four successive weeks in a newspaper of general circulation before their final reading and final passage by the city council. No proposed ordinance granting any franchise shall be placed upon the city council's agenda for final passage within thirty days after its first reading. Effective Date: March 25, 2009 ORD C34385 Section 42 1 Section 101. Referendum All franchise ordinances, except as otherwise provided by State law, shall be subject to referendum under the general provisions of this charter. 1 1 11 Il Effective Date: November 16, 1981 • ORD C25862 a III Section 102. Compensation to City No franchise shall be granted without provision for proper compensation to the City be determined by the city council. ty as may y 11 Effective Date: November 16, .1981 ORD C25862 111 Section 105. Right -of -use by City a All franchises which include the use of poles or conduits shall reserve for the City suitable space on the grantee's poles or conduit lines as may be required for the City's governmental functions. Effective Date: November 16, 1981 III ORD C25862 • 101 Section 106. Conditions of Franchises The grant of every franchise shall be made expressly subject to the condition that the council shall have the right a with respect to any such franchise so granted: a. to hear and determine what are just, fair and reasonable rates, fares, and charges for public service, and to order that only reasonable charges shall be imposed, and to make effective such order by penalties and forfeitures. The granting of a franchise shall not be deemed to confer any right to include in the charge for any service any return upon the value of the franchise or grant; III b. to require, so far as consistent with State law, the elevation or depression of the tracks of railroads, or the placing under ground of wires, whenever such action is necessary, in the interests of public safety or convenience; O c. to require reasonable extensions of any public service system; d. to make such rules and regulations as may be required to secure adequate and proper service, and to . provide sufficient accommodations for the public. The foregoing provisions set forth in (a), (b), (c), and (d) shall not be applicable to the extent that the same may conflict with the jurisdiction of the State of Washington utilities and transportation commission or any other state or federal authority. When any person or corporation against whom any order is directed under the provisions of subdivisions (a), (b), (c), or (d) hereof shall believe such order to be unjust or unreasonable, the person or corporation may test the I justice or reasonableness of the order by a proper action in the courts, commenced within thirty days after service of such order, and in such action such order may be entered as shall be warranted by the facts developed upon the trial and the law applicable thereto. • Effective Date: November 16, 1981 1 ORD C25862 • 1 1 1 Section 108. Reports The City may require every grantee of a franchise whose rates, charges, and services are subject to regulation by the City, to submit to the city council within ninety days after the first day of January . of each year an annual report of operations for the prior year, verified by the manager, principal officer, or treasurer of the grantee. The report shall contain detailed information. The City shall have the power to examine the books and records of any such grantee and to compel the production of the books and records pertaining to such report to determine the grantee's revenue from the use of its franchise. When a report required, any grantee who shall fail to make such report available or refuse to permit such examination shall be liable to a penalty of one hundred dollars for each and every day during which the grantee shall fail to file such report or refuse to permit such examination, to be sued for and recovered by the City in any court having jurisdiction. Effective Date: November 16, 1981 ORD C25862 1 Section 109. Franchises Not to be Capitalized Ordinances granting franchises shall contain provisions prohibiting any corporation holding any franchise from P 9 Y issuing any capital stock on account of the franchise or the value thereof. Conditions shall be inserted in all such ordinances that the grantee shall have no right to receive upon a condemnation proceeding brought by the. City to acquire the public utility using such franchise any return on account of the franchise or its value. Effective Date: 1910 11 Section 110. Transfer of Franchises No sale or lease of any franchise granted by the City shall be effective until the assignee or lessee shall have filed in the office of the clerk of the City an instrument, duly executed, reciting the fact of the sale or lease, accepting the terms of the franchise affected, and agreeing to perform all the conditions required of the grantee thereunder. The assignee or lessee shall file a bond in such amount and with such conditions as the city council may require, which bond shall run to the City as obligee, with sureties satisfactory to the city council, and shall obligate the grantee, or lessee, to discharge all obligations and liabilities imposed upon the grantee by the franchise. Effective Date: November 16, 1981. ORD C25862 Section 111. Common User Provisions • Every franchise shall provide that the franchise and all things constructed thereunder, other than rolling stock and power, shall be subject to common use by any other grantee or assignee of any other franchise, whenever there shall be necessity therefor, upon payment or tender of compensation for such use. The question of necessity, compensation and all other questions relating thereto, shall be judicial questions, but no judicial proceeding shall suspend or postpone such use if the person or corporation desiring such common use shall deposit in the court such sums as the court, in a preliminary hearing may determine. Effective Date: November 16, 1981 ORD C25862 Section 112. Non -user of Franchises • Every franchise shall contain such provisions as the City shall deem reasonable regarding ty 9 9 the commencement and continued use of such franchise and the procedures for termination thereof in the event of nonuse or abandonment. Effective Date: November 16, 1981 ORD C25862. • 1 Section 113. Construction of this Article ' The enumeration and specification of particular matters which must be included in every franchise granted shall not be construed to impair the right of the City to insert in such franchises such other and further conditions and ' restrictions as the council may deem proper to protect the City's interests. Effective Date: 1910 Article XII: Miscellaneous t Section 115. Claims Against City To the extent permitted by law the council shall have the power to prescribe the manner, form, and time by which ' the various types of claims for damages against the City, if any, shall be made, settled, and paid. The council may provide for insurance and for adjustment and settlement of claims. Effective Date: November 19, 1980 ORD C25656 Section 6 1 Section 116. Liability of Owner of Abutting Property In case any injury or damage to any person shall be caused by the defective condition of any sidewalk, or by ice or snow thereon, or by lack of proper guards or railings on or along the property abutting on any public way, the abutting property where the injury or damage occurs, and the owner or owners thereof, shall be liable to the City for all damage, injuries, costs and disbursements which it may be required to pay to the person injured. Effective Date: 1910 1 Section 116.5. Liability for Utilities and Franchise Holders ' Any utility or transportation company, quasi municipality, or other person occupying the right -of -way with roadway, pipe, poles, and wires•or other fixed conduit or facility, shall be responsible to maintain its property and the right -of -way it occupies in a safe condition and as specified by franchise or easement, if any. Effective Date: March 25, 2009 ORD C34385 Section 43 • 1 Section 117. Power to Subpoena Witnesses • The council shall have the power to enforce the attendance of witnesses and the production of all books, papers, documents, and files, and to administer oaths in all matters relating to the administration of City affairs or business. • 1 11 Effective Date: te. 1910 • • Section 118. Public Works To the extent permitted by law, the City shall have the rights to acquire, construct, and operate, by contract or directly with city personnel, plants and facilities for the production of materials for public works; to do, by contract or directly, public works, utilizing the materials of its plants and facilities; and to cause payment for public works and materials to be funded by assessment against properties benefited. Effective Date: November 19, 1980 ORD C25656 Section 6 1 Section 119. Continuation of Ordinances Every ordinance and resolution in force at the time of the adoption of any amendment to this charter, except y e , pt insofar as it is inconsistent with the amendments to said charter, shall continue in force until amended or repealed. All rights and obligations in favor of and against the City existing at the time of the adoption of any amendment to this charter shall continue without modification. > Effective Date: November 19, 1980 ORD C25656 Section 6 Article XIII: Municipal Indebtedness Section 121. Power to Incur Indebtedness The City may borrow money and may authorize and incur debt subject, as to the amount, purpose and the manner of incurring such indebtedness, to the limitations of the constitution and statutes of the state; and, subject to the same limitations, the City may evidence and secure such indebtedness in the form and manner as the council shall determine. • Effective Date: November 1984 ORD C27613 Section 1 Section 122. Incidental Power of Council • The council may provide for the employment of bond counsel, brokers and underwriters, and financial consultants and for all other matters incidental to the marketing and servicing'of bonds, debentures, and other instruments. Effective Date: November 1984 ORD C27613 Section 2 1 Section 124. Sale of Bonds All bonds may be sold at such price and in such manner as authorized or required by the Revised Code of Washington, as amended. 1 1 1 Effective Date: November 1 1984 • ORD C27613 Section 4 • 1 • Article XIV: Amendment Section 125. Amendment of the Chart er This charter may be amended by majority vote of the electorate of the City. The provisions of this charter, with respect to submission of legislation to popular vote by the initiative, or by the council of its own motion, shall apply to and include the proposal, submission and adoption of amendments. 1 The council may make further regulations for carrying out the provisions of this article, not inconsistent herewith. Effective Date: March 25, 2009 , ORD C34385 Section 44 • ' Article XV: Plan Commission Section 126. Establishment ' The city council shall, by ordinance, establish a city plan commission, to consist of ten members, who shall serve without pay. Effective Date: 1910 Section 127. General Authority • The city plan commission shall perform such functions and have such powers as may be conferred upon it by the city council by ordinance. The council shall have power to appropriate any moneys necessary in its judgment to further the work of the commission, including the employment of necessary clerical assistants and experts, and to provide for the same in its annual budget and tax levy. Effective Date: 1.910 1 ' Section 128. Specific Powers • In addition to the powers that may be specially conferred upon the plan commission by ordinance, it shall have power to investigate and make recommendations to the city council in relation to all matters pertaining to the living conditions of the City; the betterment of facilities for doing public and private business therein; the elimination of slums; the correction of unhealthful housing conditions; the proper laying out, platting, and naming of streets, squares, and public places, and the numbering of buildings and houses therein; the location, planning, and architectural designing of public buildings; and generally, all things tending to promote the health, convenience, safety, and well being of the City's population, and to further its growth along consistent, comprehensive and permanent plans. ' Effective Date: March 25, 2009 • ORD C34385 Section 45 • 1 This is the current version of the City of Spokane City Charter. 1 This version reflects the Charter Amendments put into effect by the Electorate on March 10, 2009. The 1 amendments are effective upon certification of election results on March 25, 2009. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CITY OF YAKIMA 1 LEGAL 1 DEPARTMENT 1 200 South Third Street, Yakima, Washington 98901 (509)575 -6030 Fax (509)575 -6160 1 PRIVILEGED AND CONFIDENTIAL: COVERED BY THE ATTORNEY-CUENT AND ATTORNEY • WORK PRODUCT PRMLEGES • 1 MEMORANDUM 1 August 18, 2010 TO: Jeff Cutter, City Attorney 1 FROM: Mark Kunkler, Assistant City Attorney SUBJECT Classification of Cities of Selah and Union Gap 1 • 1 Information has been requested regarding the organization and classification of the City of Selah and City of Union Gap. Specifically, a request has been made to obtain copies of any organizational charter for these cities. The following information has been I obtained from the municipal codes of these cities, as well as information maintained by Municipal Research & Services Center. A. City of Selah. The City of Selah was incorporated in 1919. The City of ' Selah is currently classified as a noncharter code city organized under Chapter 35A.12 RCW as a Mayor - Council form of government. Section 1.04.010 of the Selah Municipal Code provides: 1 1.04.010. Noncharter code city classification. Notwithstanding anything to the contrary in the Selah Code, the city of Selah, Washington, adopts the classification of a noncharter code city operating under 1 the mayor- council plan of government under RCW Chapter 35A.12, endowed . with all the applicable rights, . powers, privileges, duties and obligations of . noncharter code cities as set forth in Title 35A of the Revised Code of I Washington, as the same exists as of the effective date of the ordinance codified in this section, and further including any and all supplements, amendments or other modifications of the title made later. 1 (Ord: 563 § 1, 1975.) 1 Memorandum to Honorable Mayor and Members of the City Council August 26, 2010 Page 2 1 Created in 1967, the Optional Municipal Code (Title 35A RCW), provides an alternative to the basic statutory classification system of municipal government (the other types of cities are: first class, . second class, and town). The Optional Municipal Code was designed to provide broad statutory home rule authority in matters of local concern. Any unincorporated area having a population of at least 1,500 may incorporate as an optional muncipal code or "code city," and any city or town may reorganize as a code city. Optional municipal code cities with populations over 10,000 may also adopt a charter. Cities with a population less than 10,000 cannot ado t a charter under the Optional P P Municipal Code (RCW 35A.01.030). Instead, the powers and duties of the Mayor and City Council are set forth in the statutory provisions of Title 35A RCW. For example, the powers and duties of the Mayor and City Council under a Mayor - Council form of code city government are set forth in Chapter 35A.12 RCW. (Powers and duties of a City Manager and the City Council under the code city Council- Manager form are found at Chapter 35A.13 RCW.) Thus, in a Mayor - Council code city, the "veto" power of the Mayor and "veto override" 1 authority of the City Council are set forth in statute at RCW 35A.12.130: ...Every ordinance which passes the council in order to become valid must be presented to the mayor; if he or she approves it, he or she shall sign it, but if not, he or she shall return it with his or her written objections to the council and the council shall cause his or her objections to be entered at large upon the journal and proceed to a reconsideration thereof. If upon reconsideration a majority plus one of the whole membership, voting upon a call of ayes and nays, favor its passage, the ordinance shall become valid notwithstanding the mayor's veto. If the mayor fails for ten days to either approve or veto an ordinance, it shall become valid without his or her approval. Ordinances shall be signed by the mayor and attested by the clerk. RCW 35A.12.010 provides that, for a city with greater than 2,500 population, the government shall be vested in an elected Mayor and seven (7) Council members. 1 RCW 35A.12.100 describes the Mayor as the chief administrator of the city, and further provides: ...The'ma or shall preside over all meetings of the city council, when present, P 9 Y P , but shall have a vote only in the case of a tie in the votes of the councilmembers with respect to matters other than the passage of any ordinance, grant, or revocation of franchise or license, or any resolution for the payment of money. } 1 Memorandum to Honorable Mayor and Members of the City Council August 26, 2010 Page 3 The power of appointment and removal of officers is vested in the Mayor, subject to applicable provisions of civil service, personnel ordinances, . and provisions in any ' charter or ordinance that gives the City Council the power of confirmation. Y RCW 35A.12.090. (Thus, in the City of Selah, municipal code provisions authorize creation of the position of "city supervisor," which officer is appointed by the Mayor, subject to 1 "confirmation by a majority of the entire city council." Selah Municipal Code Section 1.10.015. Removal of the city supervisor is vested in the Mayor, subject to concurrence by a majority of the City Council. This mechanism applies to other department heads as well.) • In summary, the City of Selah, as a noncharter code city formed under Chapter 35A.12 ' RCW (Mayor - Council form), has those powers set forth in state statute and in its municipal code. It does not have a charter. ' B. City of Union Gap. The City of Union Gap became a municipality in 1869, and was granted its Territorial Charter rights in 1883, under the name of Yakima City. It was the first municipality in Yakima County. The name of the city was changed I from Yakima City to Union Gap in 1917, when Yakima City moved north to the railroad station. Residents at the time wished to remain in their present location and decided to change the name of the City. In 1998, the City adopted an ordinance adopting for the Town of Union Ga p the classification of noncharter code city pursuant to the Optional Municipal Code, Chapter ' 35A.12 RCW. The City of Union Gap is organized pursuant to Chapter 35A.12 RCW as a Mayor- !' Council form of government. The city has a Mayor and seven (7) Council members. • . . Because its population is Tess than 10,000, it does not have a charter. Instead, the powers and duties of the Mayor and Council are set forth in Chapter 35A.12 RCW and the municipal code. The City of Union Gap has established (by ordinance codified at Chapter 2.48 of the I municipal code) the position of City Administrator. The Mayor appoints the City Administrator, "subject to confirmation by a majority of the entire city council. The city administrator shall be subject to removal by the mayor, subject to concurrence by a majority of the entire city council." Union Gap Municipal Code Section 2.48.010. • • r 1 Memorandum to Honorable Mayor and Members of the City Council 1 August 26, 2010 Page 4 C. Conclusion. Both Selah and Union Gap are Mayor - Council governments formed as noncharter code cities pursuant to Chapter 35A.12 RCW. Both have populations Tess than 10,000 and, thus, do not have a charter. Instead, the provisions of Chapter 35A.12 RCW and their respective municipal codes and ordinances set forth the powers and duties of the Mayor and City Council. For your reference, I have attached a copy of Chapter 35A.12. RCW as an Appendix to PY p PP this memorandum. 1 1 1 1 1 1 1 1 1 11 t t . APPENDIX Mayor - Council Optional Municipal Code Cities 111 (Chapter 35A.12 RCW) • RCW 35A.12.010 Elective city officers -- Size of council. ' The overnment of any noncharter g y rte code city or charter code city electing to adopt • the mayor - council plan of government authorized by this chapter shall be vested in an elected mayor and an elected council. The council of a noncharter code city having less than twenty -five hundred inhabitants shall consist of five members; when there are twenty -five hundred or more inhabitants, the council shall consist of seven members. A city with a population of less than twenty -five hundred at the time of reclassification as an optional municipal code city may choose to maintain a seven- member council. The decision concerning the number of �. councilmembers shall be made by the council and be incorporated as a section of the ordinance adopting for the city the classification of noncharter code city. If the population of a city after having become a code city decreases from twenty- five hundred or more to less than twenty -five hundred, it shall continue to have a seven member council. If, after a city has become a mayor- council code city, its population increases to twenty -five hundred or more inhabitants, the number of I • council offices in such city may increase from five to seven members upon the affirmative vote of a majority of the existing council to increase the number of ' council offices in the city. When the population of a mayor - council code city having five council offices increases to five thousand or more inhabitants, the number of council offices in the city shall increase from five to seven members. In ' the event of an increase in the number of council offices, the city council shall, by majority vote, pursuant to RCW 35A.12.050, appoint two persons to serve in these offices until the next municipal general election, at which election one person shall be elected for a two -year term and one person shall be elected for four -year term. The number of inhabitants shall be determined by the most recent official state or federal census or determination by the state office of financial management. A charter adopted under the provisions of this title, incorporating the mayor - council plan of government set forth in this chapter, may provide for an uneven number of councilmembers not exceeding eleven. A noncharter code city of less than five thousand inhabitants which has elected the mayor- council plan of government and which has seven council offices may establish a five - member council in accordance with the following procedure. At least six months prior to a- municipal general election, the city council shall adopt an ordinance providing for reduction in the number of council 1 offices to five. The ordinance shall specify which two council offices, the terms of which expire at the next general election, are to be terminated. The ordinance shall provide for the renumbering of council positions and shall also provide for a 1 1 two-year extension of the e term of office of a retained council office, if necessary, in order to comply with RCW 35A.12.040. However, a noncharter code city that has retained mayor-council s r to ned its old mayor counal plan of government, as provided in RCW 35A.02.130, is subject to the laws applicable to that old plan of government. 1 [2009 c 549 § 3005; 1997 c 361 § 6; 1994 c 223 § 30; 1994 c 81 § 71; 1985 c 106 § 1; 1983 � 128 § 1; 1979 ex.s. c 18 § 19; 1979 . c 151 § 33; 1967 ex.s. c 119 § 35A.12.010.] 1 RCW 35A.12.020 1 Appointive officers -- Duties -- Compensation. The appointive officers shall be those rovi for p ded or by charter or ordinance and shall include a city clerk and a chief law enforcement officer. The office of city clerk may be merged with that of a city treasurer, if any, with an appropriate title 1 designated therefor. Provision shall be made for obtaining legal counsel for the city, either by appointment of a city attorney on a full -time or part-time basis, or by any reasonable contractual arrangement for such professional services. The authority, duties and qualifications of all appointive officers shall be prescribed by charter or ordinance, consistent with the provisions of this title, and any amendments thereto, and the compensation of appointive officers shall. be �. prescribed by ordinance: PROVIDED, That the compensation of an appointed municipal judge shall be within applicable statutory limits. [1987 c 3 § 14; 1967 ex.s. c 119 § 35A.12.020.] 1 RCW 35A.12.030 Eligibility to hold elective office. No person shall be eligible to hold elective office under the mayor - council plan unless the person is a registered voter of the city at the time of filing his or her declaration of candidacy and has been a resident of the city for a period of at least one year next preceding his or her election. Residence and voting within the limits of any territory which has been included in, annexed to, or consolidated • with such city is construed to have been residence within the city. A mayor or councilmember shall hold within the city government no other public office or employment except as permitted under the provisions of chapter 42.23 RCW. [2009 c 549 § 3006; 1979 ex.s. c 18 § 20; 1967 ex.s. c 119 § 35A.12.030.] 1 2 1 1 RCW 35A.12.040 Elections -- Terms of elective officers -- Numbering of council positions. Officers shall be elected at biennial municipal elections t p to be conducted as provided in chapter 35A.29 RCW. The mayor and the councilmembers shall be elected for four -year terms of office and until their successors are elected and qualified and assume office in accordance with *RCW 29.04.170. At any first election upon reorganization, councilmembers shall be elected as provided in RCW 35A.02.050. Thereafter the requisite number of councilmembers shall be elected biennially as the terms of their predecessors expire and shall serve for terms of four years. The positions to be filled on the city council shall be designated by consecutive numbers and shall be dealt with as separate offices for all election purposes. Election to positions on the council shall be by majority vote from the city at large, unless provision is made by charter or ordinance for 1 election by wards. The mayor and councilmembers shall qualify by taking an oath or affirmation of office and as may be provided by law, charter, or ordinance. 1 [1994 c 223 § 31; 1979 ex.s. c 18 § 21; 1970 ex.s. c 52 § 3; 1967 ex.s. c 119 § 35A.12.040.] RCW 35A.12.050 • Vacancies. I The office of a mayor or councilmember shall become vacant if the person who is elected or appointed to that position fails to qualify as provided by law, fails to 1 enter upon the duties of that office at the time fixed by law without a justifiable reason, or as provided in RCW 35A.12.060 or 42.12.010. A vacancy in the office of mayor or in the council shall be filled as provided in chapter 42.12 RCW. An incumbent councilmember is eligible to be appointed to fill a vacancy in the office of mayor. [2008 c 50 § 4; 1994 c 223 § 32; 1967 ex.s. c 119 § 35A.12.050.] RCW 35A.12.060 Vacancy for nonattendance. In addition a council position shall become vacant if the councilmember fails to attend three consecutive regular meetings of the council without being excused by the council [1994 c 223 § 33; 1967 ex.s. c 119 § 35A.12.060.] 1 1 RCW 35A.12.065 1 Pro tempore appointments. Biennially at the first e rst meeting of a new council, or periodically, the members thereof, by majority vote, may designate one of their number as mayor pro • tempore or deputy mayor for such period as the council may specify, to serve in the absence or temporary disability of the mayor; or, in lieu thereof, the council may, as the need may arise, appoint any qualified person to serve as mayor pro tempore in the absence or temporary disability of the mayor. In the event of the extended excused absence or disability of a councilmember, the remaining members by majority vote may appoint a councilmember pro tempore to serve during the absence or disability. [2009 c 549 § 3007; 1967 ex.s. c 119 § 35A.12.065.] RCW 35A.12.070 Compensation of elective officers -- Expenses. 1 The salaries of the mayor and the councilmembers shall be fixed by ordinance and may be revised from time to time by ordinance, but any increase in the compensation attaching to an office shall not be applicable to the then being served by the incumbent if such incumbent is a member of the city legislative body fixing his or her own compensation or as mayor in a mayor - council code city casts a tie - breaking vote relating to such ordinance: PROVIDED, That if the mayor of such a city does not cast such a vote, his or her salary may be increased during his or her term of office. Until the first elective officers under this mayor - council plan of government may lawfully be paid the compensation provided by such salary ordinance, such officers shall be entitled to be compensated in the same manner and in the same amount as the compensation paid to officers of such city performing comparable services immediately prior to adoption of this mayor - council plan. Until a salary ordinance can be passed and become effective as to elective officers of a newly incorporated code city, such first officers shall be entitled to compensation as follows: In cities having less than five thousand inhabitants, the mayor shall be entitled to a salary of one hundred and fifty dollars per calendar month and a councilmember shall be entitled to twenty dollars per meeting for not more than two meetings per month; in cities having more than five thousand but less than fifteen thousand inhabitants, the mayor shall be entitled to a salary '. of three hundred and fifty dollars per calendar month and a councilmember shall be entitled to one hundred and fifty dollars per calendar month; in "cities having more than fifteen thousand inhabitants, the mayor shall be entitled to a salary of 1 twelve hundred and fifty dollars per calendar month and a councilmember shall be entitled to four hundred dollars per calendar month: PROVIDED, That such interim compensation shall remain in effect only until a salary ordinance is 1 4 11 1 passed and becomes effective as to such officers, and the amounts herein provided shall not be construed as fixing the usual salary'of such officers. The mayor and councilmembers shall receive reimbursement for their actual and necessary expenses incurred in the performance of the duties of their office, or the council by ordinance may provide for a per diem allowance. Procedure for approval of claims for expenses shall be as provided by ordinance. [2009 c 549 § 3008; 1971 ex.s. c 251 § 5; 1967 ex.s. c 119 § 35A.12.070.] 1 1 RCW 35A.12.050 Oath and bond of officers. Any officer before entering upon the performance of his or her duties may b 9 p p y e required to take an oath or affirmation as prescribed by charter or by ordinance 1 for the faithful performance of his or her duties. The oath or affirmation shall be filed with.the county auditor. The clerk, treasurer, if any, chief of police, and such other officers or employees as may be designated by ordinance or by charter shall be required to furnish annually an official bond conditioned on the honest and faithful performance of their official duties. The terms and penalty of official bonds and the surety therefor shall be prescribed by ordinance or charter and the bond shall be approved by the chief administrative officer of the city. The premiums on such bonds shall be paid by the city. When the furnishing of an 1 official bond is required of an officer or employee, compliance with such provisions shall bean essential part of qualification for office. [2009 c 549 § 3009; 1986 c 167 § 20; 1967 ex.s. c 119 § 35A.12.080.] RCW 35A.12.090 Appointment and removal of officers -- Terms. The mayor shall have the power of appointment and removal of all appointive ' officers and employees subject to any applicable law, rule, or regulation relating to civil service. The head of a department or office of the city government may be authorized by the mayor to appoint and remove subordinates in such department ' or office, subject to any applicable civil service provisions. All appointments of city officers and employees shall be on the basis of ability and training or experience of the appointees in the duties they are to perform, from among ' persons having such qualifications as may be prescribed by ordinance or by charter, and in compliance with provisions of any merit system applicable to such I city. Confirmation by the city council of appointments of officers and employees shall be required only when the city charter, or the council by ordinance, provides for confirmation of such appointments. Confirmation of mayoral appointments by } the council may be required by the council in any instance where qualifications 1 5 1 for the office or position have not been established by ordinance or charter provision. Appointive offices shall be without definite term unless a term is established for such office by law, charter or ordinance. 1 [1987 c,3 § 15; .1967 ex.s. c 119 § 35A.12.090.] • RCW 35A.12.100 Duties and authority of the mayor - - Veto -- Tie - breaking vote. The mayor shall be the chief executive and administrative officer of the city, in charge of all departments and employees, with authority to designate assistants 1 and department heads. The mayor may appoint and remove a chief administrative officer or assistant administrative officer, if so provided by ordinance or charter. He or she shall see that all laws and ordinances are faithfully enforced and that law and order is maintained in the city, and shall have general supervision of the administration of city government and all city interests. All official bonds and bonds of contractors with the city shall be submitted to the mayor or such person as he or she may designate for approval or disapproval. He or she shall see that all contracts and agreements made with the city or for its use and benefit are faithfully kept and performed, and to this end he or she may cause any legal proceedings to be instituted and prosecuted in the name of the city, subject to approval by majority vote of all members of the council. The mayor shall preside over all meetings of the city council, when present, but shall have a vote only in the case of a tie in the votes of the councilmembers with respect to matters other than the passage of any ordinance, grant, or revocation of franchise or license, or any resolution for the payment of money. He or she shall report to the council concerning the affairs of the city and its financial and other needs, and shall make recommendations for council consideration and action. He or she shall prepare and submit to the council a proposed budget, as required by chapter 35A.33 RCW. The mayor shall have the power to veto ordinances passed by the council and submitted to him or her as provided in RCW 35A.12.130 but such veto may be overridden by the vote of a majority of all councilmembers plus one more vote. The mayor shall be the official and ceremonial head of the city and shall represent the city on ceremonial occasions, except that when illness or other duties prevent the mayor's attendance at an official function and no mayor pro tempore has been appointed by the council, a member of the council or some other suitable person may be designated by the mayor to represent the city on such occasion. [2009 c 549 § 3010; 1979 ex.s. c 18 .§ 22; 1967 ex.s. c 119 § 35A.12.100.] 1 1 6 1 1 1 '. RCW 35A.12.110 Council meetings. The city council and mayor shall meet regularly, at least once a month, at a place and at such times as may be designated by the city council. All final actions on ' resolutions and ordinances must take place within the corporate limits of the city. Special meetings may be called by the mayor or any three members of the council by written notice delivered to each member of the council at least twenty - 1 four hours before the time specified for the proposed meeting. All actions that have heretofore been taken at special council meetings held pursuant to this section, but for which. the number of hours of notice given has. been at variance 1 with requirements of RCW .42.30.080, are hereby validated. All council meetings shall be open to the public except as permitted by chapter 42.30 RCW. No ordinance or resolution shall be passed, or contract let or entered into, or bill for 1 the payment of.money allowed at any meeting not open to the public, nor at any public meeting the date of which is not fixed by ordinance, resolution, or rule, unless public notice of such meeting has been given by such notice to each local ' newspaper of general circulation and to each local radio or television station, as . provided in RCW•42.30.080 as now or hereafter amended. Meetings of the council shall be presided over by the mayor, if present, or otherwise by the mayor ' pro tempore, or deputy mayor if one has been appointed, or by a member of the • council selected by a majority of the councilmembers at such meeting. • Appointment of a councilmember to preside over the meeting shall not in any way abridge his or her right to vote on matters coming before the council at such meeting. In the absence of the clerk, a deputy clerk or other qualified person appointed by the clerk, the mayor, or the council, may perform the duties of clerk at such meeting. A journal of all proceedings shall, be kept, which shall bea public record. • t [2009 c 549 § 3011; 1993 c 199 § 3; 1979 exa. c 18 § 23; 1967 ex.s. c 119,§ 35A.12.110.] • RCW 35A.12.120 I Council -- Quorum -- Rules - Voting. At all meetings of the council a majority of the councilmembers shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time and may compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance. The council shall I determine its own rules and order of business, and may establish rules for the conduct of council meetings and the maintenance of order. At the desire of any member, any question shall be voted upon by roll call and the ayes and nays 1 shall be recorded in the journal. • The passage of any ordinance, grant or revocation of franchise or license, and 7 any resolution for the payment of money shall require the affirmative vote of at least a majority of the whole membership of the council. [2009 c 549 § 3012; 1967 ex.s. c 119 § 35A.12.120.] RCW 35A.12.130 Ordinances -- Style -- Requisites -- Veto. The enacting clause of all ordinances shall be a : "The s follows. The city council.of the city of ....... do ordain as follows:" No ordinance shall contain more than one subject and that must be clearly expressed in its title. No ordinance or any section or subsection thereof shall be revised o_ r amended unless the new ordinance sets forth the revised ordinance or the 1 amended section or subsection at full length.. No ordinance shall take effect until five days after the date of its publication 1 unless otherwise.provided by statute or charter, except that an ordinance passed by a majority plus one of the whole membership of the council, designated therein as a public emergency ordinance necessary for the protection of public health, public safety, public property or the public peace, may be made effective upon adoption, but such ordinance may not levy taxes, grant, renew, or extend a franchise, or authorize the borrowing of money. Every ordinance which passes the council in order to become valid must be presented to the mayor; if he or she approves it, he or she shall sign it, but if not, he or she shall return it with his or her written objections to the council and the council shall cause his or her objections to be entered at large upon the journal and proceed to a reconsideration thereof. If upon reconsideration a majority plus one of the whole membership, voting upon a call of ayes and nays, favor its passage, the ordinance shall become valid notwithstanding the mayor's veto. If the mayor fails for ten days to either approve or veto an ordinance, it shall become valid without his or her approval. Ordinances shall be signed by the mayor and attested by the clerk. [2009 c 549 § 3013; 1967 ex.s. c 119 § 35A.12.130.] RCW 35A.12.140 11 Adoption of codes by reference. Ordinances may by reference adopt Washington state statutes and state, county, or city codes, regulations, or ordinances or any standard code of technical regulations, or portions thereof, including, for illustrative purposes but not limited to, fire codes and codes or ordinances relating to, the construction of buildings, the installation of plumbing, the installation of electric wiring, health and 8 1 t.. sanitation, the slaughtering, processing, and selling of meats and meat products 9 g p for human consumption, the production, pasteurizing, and sale of milk and milk ' products, or other subjects, together with amendments thereof or additions thereto, on the subject of the ordinance. Such Washington state statutes or • codes or other codes or compilations so adopted need not be published in a newspaper as provided in RCW 35A.12.160, but the adopting ordinance shall be so published and a copy of any such adopted statute, ordinance, or code, or portion thereof, with amendments or additions, if any, in the form in which it was t adopted, shall be filed in the office of the city clerk for use and examination by the public. While any such statute, code, or compilation is under consideration by the council prior to adoption, not less than one copy thereof shall be filed in the 1 office of the city clerk for examination by the public. [1995 c 71 § 1; 1982 c 226 § 2; 1967 ex.s. c 119 § 35A.12.140.] • RCW 35A.12.150 t Ordinances -- Authentication and recording. The city clerk shall authenticate by his or her signature and record in full in a properly indexed book kept for the purpose all ordinances and resolutions adopted by the council. Such book, or copies of ordinances and resolutions, shall be available for inspection by the public at reasonable times and under reasonable conditions. [2009 c 549 § 3014; 1967 ex.s. c 119 §35A.12.150 .] RCW 35A.12.160 Publication of ordinances or summary -- Public notice of hearings and meeting agendas. ' Promptly after adoption, the text of each ordinance or a summary of the content of each ordinance shall be published at least once in the city's official newspaper. t For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance. Publication of the title of an ordinance authorizing the issuance of bonds, notes, or other evidences of ' indebtedness shall constitute publication of a summary of that ordinance. When . the city publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request. An inadvertent mistake or omission in •publishing the text or a summary of the content of an ordinance shall not render the ordinance invalid. In addition to the requirement that a city publish the text or a summary of the 1 ) content of each adopted ordinance, every city shall establish a procedure for 9 1 notifying the public of upcoming hearings and the preliminary agenda for the 9 P rY 9 forthcoming council meeting. Such procedure may include, but not be limited to, written notification to the city's official newspaper, publication of a notice in the 1 official newspaper, posting of upcoming council meeting agendas, or such other processes as the city determines will satisfy the intent of this requirement. [1994 c 273 § 15; 1988 c 168 § 7; 1987 c 400 § 3; 1985 c 469 § 42; 1967 ex.s. c 119 § 35A.12.160.] • 1 RCW 35A.12.170 Audit and allowance of demands against city. 1 All demands against a code city shall be .presented and audited in accordance with such regulations as may be prescribed by charter or ordinance; and upon 1 the allowance of a demand, the clerk shall draw a warrant upon the treasurer for it, which warrant shall be countersigned by the mayor, or such person as he or she may designate, and shall specify the.fund from which it is to be paid; or, 1 payment may be made by a bank check when authorized by the legislative body of the code city under authority granted by RCW 35A.40.020, which check shall bear the signatures of the officers designated by the legislative body as required signatories of checks of such city, and shall specify the fund from which it is to be paid. [2009 c 549 § 3015; 1967 ex.s. c 119 § 35A.12.170.] 1 RCW 35A.12.180 1 Optional division of city into wards. At any time not within three months previous to a municipal general election the 1 council of a noncharter code city organized under this chapter may divide the city into wards or change the boundaries of existing wards. No change in the boundaries of wards shall affect the term of any councilmember, and councilmembers shall serve out their terms in the wards of their residences at the time of their elections: PROVIDED, That if this results in one ward being represented by more councilmembers than the number to which it is entitled those having the shortest unexpired terms shall be assigned by the council to wards where there is a vacancy, and the councilmembers so assigned shall be deemed to be residents of the wards to which they are assigned for purposes of those positions being vacant. The representation of each ward in the city council shall be in proportion to the population as nearly as is practicable. Wards shall be redrawn ed awn as provided in *chapter 29.70 RCW. Wards shall be used as follows: (1) Only a resident of the ward may be a candidate for, or hold. 10 1 • office as, a councilmember c member of-the ward; and (2) only voters of the ward may vote at a primary to nominate candidates for a councilmember of the ward. Voters of ' the entire city may vote at the general election to elect a councilmember of a ward, unless the city had prior to January 1, 1994, limited the voting in the general election for any or all council positions to only voters residing within the ward associated with the council positions. If a city had so limited the voting in the general election to only voters residing within the ward, then the city shall be authorized to continue to do so. ' [1994 c 223 § 34; 1967 ex.s. c 119 § 35A.12.180.] RCW 35A.12.190 Powers of council. The council of any code city or anized under the mayor-council y y g yo council plan of • government provided in this chapter shall have the powers and authority granted to the legislative bodies of cities governed by this title, as more particularly described in chapter 35A.11 RCW. 1 1 1 1 1 1 1 1 • 1 11