TITLE 2 - Index

CHAPTER 2.03 - HOOD RIVER CITY CHARTER OF 1991

2.03.010  Interpretation of code--Conflict between provisions
2.03.020 References to City Administrator amended

CHAPTER 2.04 - COUNCIL MEETINGS AND COMMITTEES

2.04.010 Meetings - Location - Held When
2.04.020  Meetings - Adjournment - Effect
2.04.040   Committees – Designated - Organization
2.04.050   Council Meetings - Agenda
2.04.060   Determination of Protocol Authority

CHAPTER 2.16 - MUNICIPAL JUDGE

2.16.010   Pro Tem Municipal Judge
2.16.020   Burden of Proof
2.16.030   Failure to Attend as Juror

CHAPTER 2.28 - CHIEF OF POLICE

2.28.010 Composition of department and appointment of chief of Police
2.28.020 Duty
2.28.030 Service of process--Attendance at council meetings
2.28.040 Recordkeeping

CHAPTER 2.32 – PUBLIC CONTRACTING

2.32.010   Contract Review Board
2.32.020   Definitions
2.32.030   Public Contracts for Goods and Services
2.32.040   Public Improvement Contracts
2.32.050   Offeror Disqualification
2.32.060   Personal Services Contracts
2.32.070   Disposition of Personal Property
2.32.080   Adoption of Code and Rules

CHAPTER 2.36 - CITY PLANNING COMMISSION

2.36.010    Created
2.36.020    Membership
2.36.030    Chair and Vice Chair
2.36.040    Compensation - Secretary
2.36.050    Quorum
2.36.060    Employment of Consulting Advice
2.36.070    Duties
2.36.080    Report on Subdivisions and Plats
2.36.090    Submission of Subdivision Plats to Planning Commission
2.36.100    Procedure for Proposed Zone or District Boundary Ordinances
2.36.110    Recommendations - No Effect of Law or Ordinance
2.36.120    Powers Under State Law
2.36.130    Recommendations to be in Writing
2.36.140    Expenditures to be Authorized
2.36.150    Rules of Procedure
2.36.160    Tie Votes

CHAPTER 2.40 - CITY RECORDS

2.40.010   Retention of Certain Records Required
2.40.020   Destruction of Records Authorized 
2.40.030   Certificate of Records Authorized to be Destroyed

CHAPTER 2.48 EMERGENCY OPERATIONS ORDINANCE

2.48.010 Title
2.48.020 Purpose
2.48.030 Definition of Emergency
2.48.040 City Manager and Successor
2.48.050 Declaration of Emergency
2.48.060 Regulation and Control of Persons and Property
2.48.070 Penalty

CHAPTER 2.52 - CITY ENGINEER

2.52.010 City engineer as city surveyor
2.52.020 Nature of Position
2.52.030 Vacancy

CHAPTER 2.56 - URBAN RENEWAL

2.56.010 Findings
2.56.020 Urban Renewal Board - Composition and Quorum
2.56.030 Powers
2.56.040 Intergovernmental agreement--Preliminary surveys

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TITLE 2 - ADMINISTRATION AND PERSONNEL

CHAPTER 2.03 - HOOD RIVER CITY CHARTER OF 1991

Sections:
2.03.010 Interpretation of Code - Conflict Between Provision
2.03.020 References to City Administrator Amended

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2.03.010 Interpretation of Code - Conflict Between Provisions.  All sections of the Hood River Municipal Code in effect on July 1, 1991 shall be interpreted in light of the Hood River City Charter of 1991.  In the event of a conflict between a provision of the Hood River Municipal Code and any provision of the Hood River City Charter of 1991, the Hood River City Charter of 1991 shall prevail.

2.03.020 References to City Administrator Amended.  All references to the City Administrator in the Hood River Municipal Code shall be amended to read "City Manager."


CHAPTER 2.04 - COUNCIL MEETINGS AND COMMITTEES *

* For statutory provisions on city council meetings, see ORS 221.120(9); for Charter provisions, City Charter Ch. III §§7 and 8, Ch. IV.

Sections:
2.04.010 Meetings - Location - Held When
2.04.020  Meetings - Adjournment - Effect
2.04.040   Committees – Designated - Organization
2.04.050   Council Meetings - Agenda
2.04.060   Determination of Protocol Authority

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2.04.010 Meetings - Location - Held When.  The Council shall hold its regular meetings at City Hall or other location designated by the Hood River City Council on the 2nd and 4th Mondays of each month, except when the Council designates an alternate meeting day. The regular meetings of the Council shall be at 7:00 p.m. unless the Council specifies an alternate time.

2.04.020 Meetings - Adjournment   Effect.  Any regular meeting of the Council may be adjourned to a specified time thereafter, and the adjourned meeting shall be deemed a regular meeting at which all business may be transacted in the same manner and with the same force and effect as at a regular meeting held at the time appointed by this chapter.

2.04.040 Committees - Designated - Organization.

A. The Council  may  designate  the  following  standing committees, other standing committees or special committees as the Council deems appropriate: 
1.  Personnel and finance;
2.  Emergency services;
3.  City utilities;
4.  Judiciary;
5.  Roads and recreation;
6.  Community improvement.

B. Each of the above committees may be composed of Council members and/or members of the public, as designated by the City Council.   
 
C. To each committee, the Mayor or Council may assign, for the purpose of subsequent investigation and report to the whole Council,  such matters as may regularly come before the whole Council, and which are within the purview of each of the above standing  committees  or  special  committees,  in  the  Council's discretion.

 2.04.050 Council Meetings - Agenda.
   
A. The order of the business on the Council agenda for each regular meeting may be designated by city staff, unless the Council directs a specific order of business.  
  
B. Action on the Minutes.  The minutes of the last regular meeting and the minutes of an adjourned or called meeting, if any, shall be presented at each regular meeting for approval.
     
C. Reading of and Action upon Petitions, Remonstrances, Memorials and Communications.  Each regular meeting shall include a time for any person to make a personal appearance before the Council with or without a written petition.    
 
D. At each regular Council meeting, time shall be afforded for communications and reports from city staff.     

E. Each agenda shall include:  
        1. A time for any presentations or communications by the Mayor;
2.  Council call;
3.  Reports and business on the table;
4.  Reading of ordinances and resolutions;
5.  Other business that may come before the Council.

 2.04.060 Determination of Protocol Authority. All procedural questions not otherwise provided for that may arise before the Council shall be resolved as follows: 
   
A. Review of Robert's Rules of Order;     
B. Consultation with the City Attorney; and     
C. Majority vote of the Council.

CHAPTER 2.16 - MUNICIPAL JUDGE *

* For statutory provisions on the appointment of a municipal judge, see ORS 221.140; for provisions on municipal court jury trials, see ORS 221.349; for Charter provisions on the municipal judge, see City Charter Ch. V§21.

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Legislative History: Ord. 1066 (1956); Ord. 1545 (1984); Ord. 1982(2010)

SECTIONS:
2.16.010 Pro Tem Municipal Judge
2.16.020   Burden of Proof
2.16.030 Failure to Attend as Juror


2.16.010 Pro Tem Municipal Judge.  The Mayor, with the consent of the Council, may appoint one or more judges pro tem who shall have all the powers and duties of the municipal judge in the absence of the municipal judge from the city or in the event the municipal judge is for some reason unable to act as municipal judge. 

2.16.020  Burden of Proof.    In any prosecution of a violation of a city ordinance the burden of proof is a preponderance of the evidence.  A violation of an ordinance does not require pleading or proof of a culpable mental state as an element of the violation.

2.16.030  Failure to Attend as Juror.  Failure of a person duly summoned to attend as a juror as required or to give a valid excuse therefor, is a Class D violation.

CHAPTER 2.28 - CHIEF OF POLICE

Sections:
2.28.010  Composition of Department and Appointment of Chief of Police
2.28.020  Duty
2.28.030  Service of Process – Attendance at Council Meetings
2.28.040  Recordkeeping

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2.28.010 Composition of Department and Appointment of Chief of Police.  The Police Department shall consist of a Chief of Police and such other officers as the Council may direct.  The Chief of Police shall be appointed and dismissed by the City Manager subject to the consent of a majority of all members of the Council. 

2.28.020 Duty.  The Chief of Police shall have direct supervision over the City Police Department, and it shall be his duty to diligently enforce all ordinances of the City, and he shall perform the duties of the City Marshal and Deputy Health Officer. 

2.28.030 Service of Process--Attendance at Council Meetings.  The Chief of Police shall serve and execute and make return on all process issued to him by the City Recorder or directed to him by any magistrate of this state

2.28.040 Recordkeeping.  The Chief of Police shall keep a record of the city prisoners in accordance with the Police Procedures and Policy Manual as adopted by the City Council.

 

CHAPTER 2.32 – PUBLIC CONTRACTING

Legislative History: Ord. 1869(2005); Ord 1788 (1999); Ord 1750 (1998); Ord 1728 (1996); Ord 1618 (1989); Ord. 1880 (2005); Ord. 1890 (2005); Ord. 1916 (2006); Ord. 1947 (2008); Ord. 1948 (2008)

Sections:
2.32.010   Contract Review Board
2.32.020   Definitions
2.32.030   Public Contracts for Goods and Services
2.32.040   Public Improvement Contracts
2.32.050   Offeror Disqualification
2.32.060   Personal Services Contracts
2.32.070   Disposition of Personal Property
2.32.080   Adoption of Code and Rules

 

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2.32.010 Contract Review Board.  The City Council is designated to continue as the local contract review board of the City and shall have all of the rights, powers and authority necessary to carry out the provisions of ORS Chapters 279A, 279B, and 279C (the “Public Contracting Code”).  Except as otherwise provided in this Chapter, the City Manager, or their designated purchasing agent, is designated as the City’s Contracting Agency for purposes of contracting powers and duties assigned to the City as a contracting agency under the Public Contracting Code.

2.32.020 Definitions.  As used in this Chapter, the following words or phrases shall have the following meanings.  All words and phrases not defined in this section shall have the meanings ascribed to them in the Public Contracting Code or the Model Rules adopted by the Oregon Attorney General thereunder (“Model Rules”):

Electronic Procurement System:  An electronic information system  remotely accessible that may be established by the Contracting Agency in accordance with the Public Contracting Code.

Formal Quote:  Procedure pursuant to which written offers are solicited by advertising or other writing stating the quantity and quality of goods or services to be acquired, and which offers are received by the Contracting Agency on or before a stated date.  In soliciting formal quotes, the Contracting Agency shall seek quotes from a sufficiently large number of potential offerors to insure sufficient competition to meet the best interests of the City.  An award based on less than three formal quotes may be made provided the Contracting Agency makes a written record of the effort to obtain quotes. 

Informal Quote:  Procedure pursuant to which written or verbal offers are gathered by correspondence, telephone or personal contact stating the quantity and quality of good or services to be acquired.  In soliciting informal quotes, the Contracting Agency shall seek quotes from a sufficiently large number of potential offerors to insure sufficient competition to meet the best needs of the City.  An award based on less than three quotes may be made, provided the Contracting Agency makes a written record of the effort to obtain quotes.

Personal Services Contract:  A contract to retain the services of an independent contractor, including architects, engineers, land surveying and related services.  The contract shall be predominantly for services requiring special training or certification, independent judgment, skill and experience.  The City Council or the Contracting Agency, as the case may be, shall have discretion to determine whether a particular type of contract or service is a personal services contract.

Sole Source Procurement:  A contract for goods or services, or a class of goods or services, available from only one source, as determined by the Contracting Agency.

Works of Art:  All forms of original creations of visual art, including but not limited to:
 (a)  Painting: All media, including both portable and permanently affixed or integrated works such as murals;
(b)  Sculpture: In the round, bas-relief, high relief, mobile, fountain, kinetic, electronic, etc., in any material or combination of materials;
(c)  Miscellaneous Art: Prints, clay, drawings, stained class, mosaics, photography, fiber and textiles, wood, metal, plastics and other materials or combination of materials, calligraphy, and mixed media, any combination of forms of media, including collage.

2.32.030 Public Contracts for Goods and Services.  This section applies to public contracts that are not contracts for public improvements or contracts for personal services.  A public contract shall not be artificially divided or fragmented to qualify for a different award procedure than that provided by this section.

A. The following classes of public contracts and respective award procedures are created:
1. Public Contracts Valued at Less than $5,000.  A public contract for an amount which is valued at less than Five Thousand Dollars shall be awarded by the Contracting Agency based on informal quotes.  Amendments to public contracts under this section may not cause the contract price to exceed Six Thousand Dollars, unless the amendment(s) is for the purchase of additional goods or services for which the contract was awarded.
2. Public Contracts Valued at $5,000 or More But Less than $25,000.  A public contract for an amount which is valued at Five Thousand Dollars or more, but less than Twenty-five Thousand Dollars, shall be awarded by the Contracting Agency based on formal quotes.  Amendments to public contracts under this section may not cause the contract price to exceed an amount that is twenty-five percent (25%) over the original contract price.
3. Public Contracts From $25,000.  A public contract for an amount which is valued at Twenty-five Thousand Dollars or more shall be awarded by the City Council based on competitive sealed bidding or competitive sealed proposals pursuant to the Public Contracting Code.
B. Amendments.  Subject to the limits in subsection (A), amendments to public contracts shall comply with the Public Contracting Code.
C. Exemptions.  The requirements of subsection (A) do not apply to the following classes of public contracts:
1. Sole Source procurements pursuant to ORS 279B.075.
2. Emergency procurements pursuant to ORS 279B.080.
3. Purchases through federal programs pursuant to ORS 279A.180.
4. Contracts for products or supplies under $5,000.
5. Contracts for the purchase or commissioning of works of art.
6. For public contracts predominantly for services, one extension not exceeding the original term of the contract or annual renewals, if provided in the contract.
7. Amendments to contracts exceeding the limits in subsection (A) above if the City Council determines that it is not reasonably feasible to require additional competitive procurement to complete the purpose of the contract; otherwise the amendment shall comply with subsection (B) or the Council shall direct additional competitive procurement and the competitive procurement procedure required for the amendment.
8. By resolution, the City Council may exempt other public contracts or classes of public contracts from the requirements of subsection (A) pursuant to ORS 279B.085.
D. Notice of Solicitation Documents.  Notice of Solicitation Documents may be published on the City’s Electronic Procurement System in lieu of publication in a newspaper of general circulation.

2.32.040 Public Improvement Contracts.  A public improvement contract is defined pursuant to the Public Contracting Code and does not include contracts for emergency work, minor alterations, ordinary repair and maintenance of public improvements, contracts for projects for which no funds of the City are directly or indirectly used except for participation that is incidental or related primarily to project design or inspection, and does not include any other construction contract that is not defined as a public improvement under the Public Contracting Code.  A public improvement contract shall not be artificially divided to qualify for a different award procedure than that provided by this section.

A. Generally.  All public improvement contracts shall be awarded by the Council based on competitive sealed bids pursuant to the Public Contracting Code.

B. Exemptions.  The requirements of subsection (A) and the procedures applicable to the award of those contracts do not apply to the following classes of public improvement contracts.
1. Public Improvement Contracts Valued at Less than $5,000.  Public improvement contracts valued at less than Five Thousand Dollars shall be awarded by the Contracting Agency based on informal quotes.
2. Public Improvement Contracts Valued at $5,000 or More But Less than $25,000.  Public improvement contracts valued at Five Thousand Dollars or more but less than Twenty-five Thousand Dollars shall be awarded by the Contracting Agency based on formal quotes.
3. Emergency Public Improvement Contracts.  Emergency public improvement contracts may be exempted from competitive bidding if the Contracting Agency determines that an emergency exists and that conditions require the prompt execution of a contract.  Emergency public improvement contracts shall be awarded in accordance with the Public Contracting Code.
a.  The Contracting Agency shall provide the Council with a written statement indicating the nature of the emergency and stating with particularity the emergency conditions and why they pose an imminent threat to the public health, safety or welfare.  The Contracting Agency shall not declare the same emergency more than two times in any 90 day period.
4. By resolution, the City Council may exempt from competitive bidding a public improvement contract or class of public improvement contracts not otherwise exempt under this section pursuant to ORS 279C.335.
5. When an exemption allows for award of the contract through competitive proposals, the provisions of ORS 279C.400 to 279C.410 shall apply.

C. Amendments.  Amendments to public improvement contracts shall comply with the Public Contracting Code.

D. Bonds.  The performance and payment bonds requirements and exceptions of the Public Contracting Code shall apply to all public improvement contracts.  The Contracting Agency may require bid security for any public improvement contract in accordance with ORS 279C.365, and notwithstanding ORS 279C.365(5).

E. Notice of Solicitation Documents. Notice of Solicitation Documents may be published on the City’s Electronic Procurement System in lieu of publication in a newspaper of general circulation.
F. City Construction Services.  The City may undertake to construct a public improvement using its own equipment and personnel if doing so will result in the least cost to the City or public.  For purposes of this section, resurfacing of roads at a depth of two or more inches and at an estimated cost of more than $125,000 is a public improvement. If the City decides to construct a public improvement estimated to cost more than $125,000 using its own personnel and equipment, the City shall prepare adequate plans and specifications and the estimated unit cost of each classification of work, and maintain an accurate accounting  in accordance with ORS 279C.305.
G. Negotiations.  If all responsive offers on a public improvement contract exceed the budget for the project, the Contracting Agency may, prior to contract award, negotiate for a price within the budget under the following procedures:
1. Negotiations shall start with the lowest responsive, responsible offeror.  If negotiations are not successful, then the Contracting Agency may negotiate with the second lowest responsive, responsible offeror, and so on.
2. Negotiations may include value engineering and other options to attempt to bring the project cost within the budgeted amount.
3. A contract may not be awarded under this section if the scope of the project is significantly changed from the description in the original solicitation documents.
4. The records of an offeror used in contract negotiations under this section are not subject to public inspection until after the negotiated contract has been awarded or the negotiation process has been terminated.
H. Brand Name Specifications.  The use of brand name, mark or manufacturer specifications in public improvement contracts shall be made in accordance with ORS 279B.215.

2.32.050 Offeror Disqualification.

A. The Council or Contracting Agency, whoever is awarding a public contract, may disqualify any person as an offeror on a contract if:
1. The person does not have sufficient financial ability to perform the contract.  Evidence that the person can acquire a surety bond in the amount and type required shall be sufficient to establish financial ability;
2. The person does not have available equipment to perform the contract; 
3. The person does not have key personnel of sufficient experience to perform the contract; or
4. The person has breached previous contractual obligations.

B. The provisions of the Public Contracting Code regarding disqualification of persons shall apply in addition to this section with respect to public improvement contracts.

C. A person who has been disqualified as an offeror may appeal the disqualification to the City Council in accordance with the procedures in Chapter 279C of the Public Contracting Code.

2.32.060 Personal Services Contracts. 


A. The following procedures shall apply to the award of personal services contracts:
1. Personal Service Contracts for $5,000 to $10,000.  Personal services contracts involving an anticipated fee of Five Thousand Dollars or more but less than Ten Thousand Dollars per fiscal year shall be awarded by the Contracting Agency following solicitation of offers for personal services by written invitation or advertisement in sufficient number to provide a choice for the City from among qualified service providers.  The Contracting Agency shall determine the selection criteria to be included in the written invitation or advertisement and shall have authority to negotiate and enter into the contract.
2. Personal Service Contracts From $10,000.  Personal services contracts to which subsection (1) does not apply and having an anticipated fee of Ten Thousand Dollars or more shall be awarded by the City Council following solicitation of offers based on the procedure and selection criteria adopted by the City Council before offers are solicited.
3. Except as otherwise provided in this Section or the Public Contracting Code, for all other personal services contracts, including amendments to and annual renewals or extensions of existing contracts and emergencies, the Contracting Agency may enter into the contract without a solicitation of offers.  A personal services contract shall not be artificially divided or fragmented to qualify for the award procedures provided by this subsection.

B. The following criteria shall be considered in the evaluation and selection of a personal services contractor.  The criteria are not listed in order of preference or importance.  This section does not preclude the use of other additional criteria:
1. Timeliness of delivery of services.
2. Expertise of the contractor in the area of specialty called for.
3. References from successfully completed projects managed by the contractor.
4. Utilization of locally procured goods, services, or personnel.
5. Other services provided by the contractor not specifically listed in the Request for Proposal.
6. Total cost to the agency for delivery of services.
7. Other criteria specially listed in the solicitation document on a case by  case basis.

C. By Resolution, the City Council may exempt from the requirements of subsection (A) a personal services contract or class of personal services contracts if doing so would:
1. Be unlikely to encourage favoritism or to diminish competition;
2. Result in cost savings to the City; or
3. Otherwise promote the best interests of the City or the public.

D.  Personal service contracts for legal counsel, legal services, expert witnesses, court-appointed attorneys, stenographers and other legal services are exempt from the competitive procurement requirements of this section and may be entered into based upon the judgment of the City Attorney.  The City Attorney shall obtain City Council approval of any expenditure for legal services paid to a single legal services provider that is expected to exceed $25,000 prior to entering into the contract.  In addition, except for legal counsel hired by the City to provide legal services to indigent criminal defendants prosecuted by the City, the City Attorney shall select and retain all outside legal counsel hired by the City subject to the approval of the City Council.

E. Personal service contracts for engineering, land surveying, and architectural services are exempt form the competitive procurement requirements of this section and may be entered into based upon the judgment of the City Engineer.  The City Engineer shall obtain City Council approval of any expenditure for a personal services contract for engineering, land surveying, and/or architecture services paid to a single provider that is expected to exceed $25,000 prior to entering into the contract.

2.32.070 Disposition of Personal Property

A. Department Heads have the authority to determine when personal property owned by the City and used in the Department Head’s department in surplus, when the value of the personal property individually or together does not exceed $500.00. The City Manager has the authority to determine when all other personal property owned by the City is surplus.

B. Surplus property may be disposed of by using one of the following methods.  The method that maximizes the value the city will realize from disposal of the surplus property should be chosen.  Factors to consider in determining maximum value to the city include costs of sale, administrative costs, and public benefits to the city.  The authorized person declaring and disposing of surplus property shall maintain a record of the property, surplus determination, disposal methods selected, and the manner of disposal, including the name of the person whom the surplus property was transferred.

1. Sold to the highest qualified buyer meeting the sale terms when the value of each item so offered is less than two thousand dollars and the sale has been advertised at least once in a newspaper of general circulation in the Hood River area not less than one week prior to the sale.
2. Traded in on the purchase of replacement equipment or supplies.
3. Sold at public auction advertised at least once in a newspaper of general circulation in the Hood River area not less than one week prior to the auction or, for an auction conducted electronically on the world-wide web, within 3 days of the date the personal property is delivered to the entity conducting the auction.  The published notice shall specify the time, place and terms upon which the personal property shall be offered and a general description of the personal property to be sold; for auctions conducted electronically on the world-wide web, the published notice shall include a general description of the personal property to be auctioned and the world wide web address of the auction location.
4. Sold at a fixed price retail sale if doing so will result in substantially greater net revenue to the city.
5. Contracted for use, operation or maintenance by one or more private or public entities.  Prior to approval of such a contract, the City Manager shall determine that the contract will promote the economic development of the city.
6.  By donation to any organization operating within or providing a service to residents of the city which is recognized by the Internal Revenue Service as an organization describedin section 501(c)(3) of the Internal Revenue Code of 1986, as amended.  
7.  Surplus property that has a value of less than $500, or for which the costs of sale are likely to exceed sale proceeds, may be disposed of by any means determined to be cost-effective, including by recycling and , as the last option, by disposal as waste.

C. All personal property sold pursuant to this section shall be sold as-is without any warranty, either express or implied, of any kind.

D. Sales of surplus personal property may be conducted electronically. 

E.  An item (or individual set) of specialized and personal use, other than police officer’s handguns, with a current value of less than $100 may be sold to the employee or retired or terminated employee for whose use it was purchased.  These items may be sold for fair market value without bid and by a process deemed most efficient by the City Manager. 

F.  Upon honorable retirement from service with the cit, a police officer may purchase the handgun that he or she was using at the time of retirement.  The purchase price shall be fair market value of the handgun as determined by an independent appraisal performed by a qualified weapons appraiser.  An officer electing to exercise this option shall notify the city at lease 30 days prior the expected retirement date and requested an appraisal of the handgun.  Upon receipt of the appraisal fee from the officer, the city shall arrange for the appraisal.  A copy of the completed appraisal shall be provided to the officer, who will have up to 30 days from the date of retirement to purchase the handgun at the appraised fair market value. 

G.  City employees are not restricted from competing, as members of the public, for the purchase of publicly sold surplus property, but are not permitted to offer to purchase the property to be sold to the first qualifying bidder until at least three days after notice of the sale is first publicly advertised. 

2.32.080 Adoption of Code and Rules.

A. Except as specifically provided in this chapter, public contracts shall be awarded, administered and governed according to the Public Contracting Code and the Model Rules, as they now exist and may be amended in the future.

B. In the event of a conflict between any provisions of this Chapter and the Public Contracting Code or Model Rules, the provisions of the Public Contracting Code or Model Rules shall prevail.


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CHAPTER 2.36 - CITY PLANNING COMMISSION *

(Legislative History: Ord. 1830, 10/2002)

* For statutory provisions on city planning commissions, see ORS 227.010 et seq.

Sections:
2.36.010 Created
2.36.020   Membership
2.36.030    Chair and Vice Chair
2.36.040    Compensation - Secretary
2.36.050    Quorum
2.36.060    Employment of Consulting Advice
2.36.070   Duties
2.36.080    Report on Subdivisions and Plats
2.36.090    Submission of Subdivision Plats to Planning Commission
2.36.100    Procedure for Proposed Zone or District Boundary Ordinances
2.36.110    Recommendations - No Effect of Law or Ordinance
2.36.120    Powers Under State Law
2.36.130    Recommendations to be in Writing
2.36.140    Expenditures to be Authorized
2.36.150    Rules of Procedure
2.36.160    Tie Votes

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2.36.010 Created.  There is created a City Planning Commission for the City. 

2.36.020 Membership.

A. The Planning Commission shall consist of seven members to be appointed and removed by the City Council.

B. Five of the seven Planning Commissioners must have established residency within the City prior to appointment. Residency within the City must be maintained during their term of office.  Two of the seven Planning Commissioners may have established residency outside the City but within the City Urban Growth Boundary, prior to appointment.  Residency within the City Urban Growth Boundary of the City must be maintained during any term of office.

C. No more than two members of the Planning Commission may engage principally in the buying, selling or developing of real estate for profit.  No more than two members shall be engaged in the same kind of occupation, business, trade or profession.

D. No employee of the City shall be appointed to the Planning Commission unless the employee's position is voluntary in nature.

E. Planning Commissioners shall be appointed for a term of four years and any vacancy shall be filled by the City Council for the unexpired portion of the Planning Commissioner's term.

F. A Planning Commissioner may be removed from office by the City Council after a hearing for misconduct or nonperformance of duty.  A Planning Commissioner will be subject to automatic review by the City Council when the following occur:
1. Three successive absences;  or
2. Eight absences within a twelve month period (October to October)

2.36.030 Chair and Vice Chair.  The City Planning Commission, at its first meeting in October of each year, shall elect a chair and vice-chair, who shall be members appointed by the Mayor and who shall hold office during the pleasure of the commission.  (Ord 1830, 2002; Ord. 915, 1949)

2.36.040 Compensation - Secretary.  Members of the City Planning Commission shall receive no compensation.  The City Planning Commission shall elect a secretary who need not be a member of the commission.  Such secretary shall keep an accurate record of all proceedings of the commission, and the commission shall, on the first day of October of each year, make and file with the City Council a report of all transactions of the commission.  (Ord. 915, 1949)

2.36.050 Quorum.  Four or more members of the City Planning Commission shall constitute a quorum.  (Ord. 1830, 2002; Ord. 1360, 1974; Ord. 915, 1949)

2.36.060 Employment of Consulting Advice.  The City Planning Commission shall have power and authority to recommend to the City Council the employment of consulting advice on municipal problems, a secretary and such clerks as may be necessary for the performance of their duties as members of the commission.  (Ord. 1830, 2002; Ord. 915, 1949)

2.36.070 Duties.  It shall be the duty of the City Planning Commission, and they shall have power, except as otherwise provided by law, to recommend and make suggestions to the City Council and to all other public authorities concerning the laying out, widening, extending, parking and locating of streets, sidewalks and boulevards, the establishment of setback lines, the relief of traffic congestion, the betterment of housing and sanitation conditions and the establishment of zones and districts limiting the use, height, area and bulk of buildings and structures; to recommend to the City Council and all other public authorities plans for the regulation of the future growth, development and beautification of the municipality in respect to its public and private buildings and works, streets, parks, grounds and vacant lots, and plans consistent with the future growth and development of the City in order to secure the City and its inhabitants, sanitation, proper service of all public utilities, harbors, shipping and transportation facilities; to do and perform any and all other acts and things necessary or proper to carry out the provisions of this chapter; and in general to study and to propose such measures as may be advisable for the promotion of the public interest, health, morals, safety, comfort, convenience and welfare of the City, and of the urban growth area adjacent thereto.  The duties of the Planning Commission relative to quasi-judicial and legislative actions are located in Chapter 17.09 – Review Procedures.  (Ord. 1830, 2002; Ord. 915, 1949)

2.36.080 Report on Subdivisions and Plats.
 
A. When used in this section and Section 2.36.090, the words "subdivision" and "plat" have the meanings given those terms in ORS 92.010.

2.36.090 Submission of Subdivision Plats to Planning Commission..  All subdivision plats and all plats or deeds dedicating land to public use in that portion of the county within the UGA of the City shall first be submitted to the City Planning Commission and reviewed by it for consistency with the tentative plan before they are recorded.  (Ord 1830, 2002; Ord. 1104, 1960; Ord. 915, 1949)

2.36.100 Procedure for Proposed Zone or District Boundary Ordinances.  Copies of all proposed ordinances for the establishment of the boundaries of any zone or district provided by Section 2.36.070, and of all proposed ordinances regulating or limiting the use, height, area, bulk, and construction of buildings to be submitted to the council shall, before the same are presented to the Council, be first submitted by the city recorder to the City Planning Commission for recommendation, and the commission shall make its recommendation thereon in writing to the Council provided that the City Planning Commission shall first hold a public hearing at such time and place as may be directed by the Council, and make a careful and appropriate investigation thereon; and thereafter, before final action is taken by the Council.  The City Council may also request comment from the commission on the location or design of any public building, bridge, statue, park, park way, boulevard, playground or public grounds within the city.  (Ord 1830, 2002, Ord. 915, 1949)

2.36.110  Recommendations - No Effect of Law or Ordinance.  The City Planning Commission may make recommendations to any person, co-partnership, corporation or public authority with reference to the location of buildings, structures or works to be erected, constructed or altered by or for such person, co-partnership, corporation or public authority; provided, however, such recommendation shall not have the forces or effect of a law or ordinance, except when so prescribed by the laws of the state or by City ordinance.  Any person, co-partnership, corporation or public authority having charge of the construction, placing or designing of buildings or other structures and improvements may call upon the City Planning Commission for a report thereon.  (Ord. 915, 1949)

2.36.120 Powers Under State Law.  The City Planning Commission shall also have all the powers which are now or may hereafter be given to it under the general laws of the state.  (Ord. 915, 1949)

2.36.130 Recommendations to be in Writing.  All recommendations made to the Council by the commission shall be in writing.  (Ord. 915, 1949)

2.36.140 Expenditures to be Authorized.  The City Planning Commission shall have no authority to make any expenditures on behalf of the City, or to obligate the City for the payment of any sums of money, except as provided in this chapter, and then only after the City Council of the City has first authorized such expenditures for the purpose from time to time by appropriate resolution, which resolution shall provide the administrative method by which the funds shall be drawn and expended.  (Ord. 915, 1949)

2.36.150 Rules of Procedure.  All matters of procedure not otherwise provided for with respect to meetings of the Planning Commission shall be governed by Robert’s Rules of Order.  The applicable version of Robert’s Rules of Order shall be set by Council resolution.  All procedural questions that may arise before the Planning Commission shall be resolved as follows:

A. Robert’s Rules of Order
B. Consultation with the city attorney; and
C. Majority vote of the Planning Commission.

(Ord. 1830, 2002)

2.36.160  Tie Votes.  In cases of a tie vote by the Planning Commission, the motion fails, notwithstanding anything to the contrary in Robert’s Rules of Order. (Ord. 1830, 2002)

CHAPTER 2.40 – CITY RECORDS *

* For statutory provisions on state policy regarding public records, see ORS 192.001.

Legislative History: Ord 1789 (1999); Ord 1728 (1996); Ord. 1454 (1979); Ord 1046 (1956)

Sections:
2.40.010 Retention of Certain Records Required
2.40.020   Destruction of Records Authorized 
2.40.030   Certificate of Records Authorized to be Destroyed

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2.40.010 Retention of Certain Records Required.  The City’s public records and writings shall be retained as required by the State Archivist; or if federal funds are involved, as required by the United States Government.

2.40.020 Destruction of Records Authorized.  As used in this chapter, “minimum retention requirements” refer to the rules adopted by the State Archivist governing records retention, or by the appropriate federal agency if federal funds are involved.

A. Unless the City Manager determines that a record or writing has historical or other continuing value, it shall be destroyed promptly after meeting the minimum retention requirements.

B. No public record or writing created in or prior to 1920 shall be destroyed without the permission of the State Archivist.

C. No public record or writing listed on the Oregon Historical Records Inventory shall be destroyed.

D. Public records or writings of fiscal transactions shall not be destroyed until the minimum retention period has passed and the person charged with their audit has released them for destruction.
 

2.40.030 Certificate of Records Authorized to be Destroyed.  When particular public records or writings have been retained for the time prescribed for their retention, a form of certificate authorizing their destruction shall be prepared and approved by the appropriate department head and by the City Recorder, city attorney, and city or federal auditor (if required), after which the records or writings may be destroyed.  The original of the certificate shall be retained as required by law.

Legislative History: Ordinance 1856 (3/2004)

Sections:
2.48.010 Title
2.48.020 Purpose
2.48.030 Definition of Emergency
2.48.040 City Manager and Successor
2.48.050 Declaration of Emergency
2.48.060 Regulation and Control of Persons and Property
2.48.070 Penalty

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2.48.010 Title.  This Chapter shall be known as the “Emergency Operations Ordinance” and may be cited as such, and will be referred to in this Chapter as this Ordinance.
2.48.020   Purpose.  The purpose of this Ordinance is to provide a plan to minimize injury to persons and property, and to preserve the established civil authority in the event that a state of emergency exists within the City.  This Ordinance is also intended to operate in conjunction with the City’s Emergency Operations Plan.  The City’s Emergency Operations Plan shall be adopted by resolution of the City Council and may be amended from time to time by subsequent Council resolution.
2.48.030   Definition of Emergency.  The state of emergency exists whenever the City or any area in the City is suffering or is in imminent danger of suffering an event that may cause injury or death to persons, or damage to or the destruction of property to the extent that extraordinary measures must be taken to protect the public health, safety and welfare; such an event shall include, but not be limited to, the following:
1. A civil disturbance or riot;
2. A disaster such as flood, windstorm, snow event, earthquake, volcanic eruption or related activity, fire, explosion or epidemic;
3. The declaration of a war-caused national emergency;
4. Any major disruption of community services such as transportation, power supply, water service, sanitation, or communications;
5. A health hazard, whether natural or manmade. 
2.48.040 City Manager and Successor.  The City Manager is the Chief Administrative Officer of the City and is responsible for implementation of the Emergency Operations Plan.  If for any reason he or she is unable or unavailable to perform the duties of office under this Ordinance during a state of emergency, the duties shall be performed by the following officials in the following order of succession:  the Director of Personnel and Finance, Chief of Police, Fire Chief, Director of Public Works and Engineering.  In the absence of any of the listed officials, an employee of the City of Hood River designated by the City Council shall have the authority to perform the duties of office under this Ordinance during a state of emergency. The powers of the successor to the City Manager shall be limited to those granted under this Ordinance, and the duration of succession shall be until such time as the City Manager is able and available to perform the duties of office.
2.48.050 Declaration of Emergency. 
A. When the City Manager determines that a state of emergency exists, the City Manager shall make a declaration to that effect and request the Mayor to call a special meeting of the City Council in order to ratify the declaration of emergency.  The special meeting of the Council shall occur as soon as possible after the declaration of emergency and such notice as is appropriate to the circumstances shall be given for the meeting.
B. The state of emergency declared under this Section shall exist for the period set forth in the declaration and may be extended by the Council for such periods as it deems necessary.  Alternatively, or in addition, upon ratification of the declaration, the Council may authorize the City Manager to extend the state of emergency for a specified period or periods of time.
C. The declaration of emergency shall designate the geographic boundaries of the area which warrants the exercise of emergency controls.
D. The declaration of emergency shall state any special regulations imposed as a result of the state of emergency and the Council may authorize additional specific emergency powers not provided for in this Ordinance for the duration of the emergency.
E. The declaration of emergency may:
1. Authorize extraordinary measures and the mobilization of City resources;
2. Authorize expedited purchasing and contracting, including bypassing hearings and the competitive bid process;
3. Authorize requests for State and Federal disaster funding;
4. Encourage a County and/or State proclamation of emergency.
2.48.060 Regulation and Control of Persons and Property. 
A. During the existence of a declared state of emergency within the City, the City Manager is empowered to order the following measures in the interests of public health, safety or welfare:
1. Establish a curfew for the area designated as an emergency area which fixes the hours during which all persons other than officially authorized personnel may not be upon the public streets or other public places.
2. Regulate or prohibit egress and ingress to and from an emergency area; limit or prohibit the movement of any person or persons within such area; order the moving or removal of any property within the area and the evacuation of any person or persons from the area to the extent that the City Manager finds human lives or property are endangered; and authorize or direct the entry into or upon private property to prevent or minimize danger to lives or property.
3. Prohibit or limit the number of persons who may gather or congregate upon any public street, public place or any outdoor place within the area designated as an emergency area.
4. Barricade streets and prohibit vehicular or pedestrian traffic, or regulate the same on any public street leading to the area designated as an emergency area for such distance as may be deemed necessary under the circumstances.
5. Prohibit the sale of alcoholic beverages or the consumption thereof in public places; prohibit or restrict the sale of gasoline or other flammable liquids; and prohibit the sale, carrying or possession of any weapons or explosives of any kind on public streets, public places or any outdoor place.
6. Order mandatory evacuations of persons. An evacuation authorized by this subsection shall be ordered only when necessary for public safety or when necessary for the efficient conduct of activities that minimize or mitigate the effects of the emergency.
7. Order such other measures as are imminently necessary for the protection of life or property, or for the recovery from emergency.
B. All orders issued under this Section shall have the full force and effect of law during the declared state of emergency.  All existing laws, ordinances, rules and regulations inconsistent with this Ordinance shall be inoperative during this period of time and to the extent that such inconsistencies exist.
2.48.070 Penalty.  Any person who violates any provision of this Ordinance and any order adopted or enacted under authority of this Ordinance shall be punished as provided in Chapter 1.12.

CHAPTER 2.52 - CITY ENGINEER

Sections:
2.52.010 City engineer as city surveyor
2.52.020 Nature of position
2.52.030 Vacancy

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2.52.010 City Engineer as City Surveyor.  The City Engineer or his designee shall serve as City Surveyor if duly licensed by the State of Oregon as a surveyor.  (Ord 1728, 1996)

2.52.020  Nature of Position.  The City Engineer shall devote his time during business or duty hours to the interest of the city.  The City Engineer shall have no pecuniary interest in any private engineering practice or firm, nor shall he have any official capacity with any public body located outside the boundaries of Hood River County.  (Ord. 1545, 1984; Ord. 1486, 1980)

2.52.030 Vacancy.  An interim City Engineer who does not meet the requirements of Section 2.52.020 may be appointed to act as City Engineer for a period not exceeding sixty days if a vacancy occurs in the office of the City Engineer.  (Ord. 1545, 1984; Ord. 1486, 1980)

 CHAPTER 2.56 - URBAN RENEWAL AGENCY

Legislative History: Ord. 1585 (1987); Ord. 1579 (1986); Ord. 2003 (2012)

Sections:
2.56.010 Findings
2.56.020 Urban Renewal Board - Composition and Quorum
2.56.030 Powers
2.56.040 Intergovernmental agreement--Preliminary surveys

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2.56.010 Findings.
A. Blighted areas exist within the city.

B. There is a need for an urban renewal agency to function within the city.  (Ord. 1585, 1987; Ord. 1579, 1986)

2.56.020 Urban Renewal Board – Composition and Quorum.  The City Council elects to have the powers of an urban renewal agency exercised pursuant to ORS 457.045(2) by the Hood River Urban Renewal Agency, governed by a board consisting of nine members as follows:

A. Seven board members shall be the then-current members of the City Council, each serving terms concurrent with their terms as city councilors.

B. Two board members shall be active commissioners of the Port of Hood River, which shall be appointed by the Port of Hood River, subject to approval by the City Council and shall serve terms of two years.

C. A quorum of the Urban Renwal Board shall be a majority of the then-current filled Board positions. (Ord. 1585, 1987; Ord. 1579, 1986, Ord. 2003, 2012)


2.56.030 Powers.  The Urban Renewal Agency established in this chapter shall have all powers provided for by law and shall proceed immediately by conducting preliminary surveys to determine if the undertaking and carrying out of an urban renewal project is feasible pursuant to ORS 457.180(5). (Ord. 1585, 1987; Ord. 1579, 1986)

2.56.040 Intergovernmental Agreement - Preliminary Surveys.  The City shall enter into an intergovernmental agreement pursuant to ORS 190.003 et. seq. with the Port of Hood River to provide for the initial financing for the preliminary surveys and feasibility analysis and further to ascertain whether tax increment financing as provided in ORS 457.420--ORS 457.460 is feasible for such a project.  (Ord. 1585, 1987; Ord. 1579, 1986).


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CHAPTER 2.48 EMERGENCY OPERATIONS ORDINANCE