Chapter 2.04 - CONTRACT REVIEW BOARD[1]

2.04.010 - Established.

A. The Elgin city council is designated to be the local contract review board under the state of Oregon Public Contracting Code, ORS Chapter 279.

B. The city recorder/administrator or his/her designated purchasing agent, is designated to be the city's contracting agency for purposes of contracting powers and duties assigned to the city of Elgin as a contracting agency under the state of Oregon Public Contracting Code or the Model Rules.

(Ord. No. 154, § 1, 2-8-05)

2.04.020 - Authority.

A. The contract review board shall have all of the rights, powers and authority provided by law for the procurement of materials and services for the city under the provisions of ORS Chapter 279 and the provisions of the public contracting "model rules." The contract review board may, from time to time, delegate its powers and responsibilities consistent with the Oregon Public Contracting Code or the model rules.

B. The contracting agency shall act for the city of Elgin for the purposes of exercising the city's contracting powers and duties assigned to the City as a contracting agency under ORS 279 and the "model rules." The contracting agency shall act under the rules adopted by the contract review board.

(Ord. No. 154, § 1, 2-8-05)

2.04.030 - Rules.

From time to time the city council, acting as the contract review board may, by resolution of the board, adopt rules for the exercise of its authority as the contract review board. Such rules may govern the meetings of the contract review board, qualifications of proposals and bids, disqualification of proposals and bids, appealing disqualifications of proposals and bids and exempting contracts from bidding requirements, for all contracts acquiring public improvements, goods and services and personal services compatible with the requirements of ORS Chapter 279.

(Ord. No. 154, § 1, 2-8-05)

Chapter 2.08 - AUXILIARY POLICE FORCE

2.08.010 - Created—Membership.

There is created an auxiliary police force for the city of Elgin. Such auxiliary police force shall never exceed in membership at any one time more than twelve (12) members thereof. The membership of said auxiliary police force shall be appointed by the council of the city of Elgin only. In order to be eligible to appointment into the membership of such auxiliary police force, a person shall have the following qualifications:

A. Shall be over the age of twenty-one (21) years;

B. Shall be of good moral character;

C. Shall be a citizen of the United States;

D. Shall have been a resident of the city of Elgin for at least twelve (12) months;

E. Shall have never been convicted of a felony or a misdemeanor involving moral turpitude.

(Ord. 5-1956 § 1)

2.08.020 - Purpose.

The purpose of such auxiliary police force and the duties of the membership thereof shall be to aid and assist those regularly employed as police officers by the city of Elgin to maintain the health, welfare, safety and peace of the city of Elgin. All members of such auxiliary police force shall have the same powers of arrest as a regularly employed police officer of the city of Elgin.

(Ord. 5-1956 § 2)

Chapter 2.12 - UNCLAIMED PERSONAL PROPERTY DISPOSAL

2.12.010 - Definitions.

As used in this chapter:

"Abandoned" means left unclaimed with the city for a period exceeding thirty (30) days.

"City" means the city of Elgin.

"Costs" means the expenses of removing, storing, selling and protecting an item of personal property.

"Chief of police" includes any authorized law enforcement officer of the city.

"Owner" means any individual, firm, corporation or unincorporated association with a claim of ownership or of any interest, legal or equitable, in any item of personal property.

"Vehicle" means every device, except bicycles, in, upon, or by which any person or property is or may be transported, driven or drawn upon a public highway.

(Ord. 1-1980 § 1)

2.12.020 - Applicability.

This chapter shall apply to all personal property impounded, recovered or deposited with the city, and shall include property now, or hereafter in custody of the city.

(Ord. 1-1980 § 2)

2.12.030 - Records to be maintained by city.

When personal property of any nature is deposited, impounded, recovered or otherwise comes into the possession of the city, except items seized as evidence, the city shall record a description of the property, the date of its reception, and any identifying characteristics. Items seized as evidence shall be tagged and stored according to the rules and regulations adopted by the chief of police.

(Ord. 1-1980 § 3)

2.12.040 - Disposition of vehicles.

A. It shall be the duty of the police department, whenever a vehicle is left upon the streets or alleys in the same position for a period exceeding forty-eight (48) hours to:

1. Make an investigation to determine the owner and request removal of the vehicle;

2. Failing to discover the owner by such a process, to make a diligent inquiry as to the name and address of the owner of the vehicle by examining such vehicle for license number, identification number, make, style and other information which will aid in the identification of the ownership of the vehicle, and transmitting all available information pertaining to such vehicle to the Motor Vehicles Division of the state with an inquiry for the name and address of the owner, whenever such vehicle is required by law to be registered with the office;

3. If the owner is not identified, to place a notice upon the windshield, or some other part of the vehicle easily seen by the passing public.

B. The notice shall state that the police department will remove and impound the vehicle under the provisions of this chapter, forty-eight (48) hours after the time of posting, unless:

1. The owner removes the vehicle; or

2. Good cause is shown, satisfactory to the chief of police, why such vehicle should not be removed by the owner or removed and impounded by the city.

(Ord. 1-1980 § 4)

2.12.050 - Impounding nuisance.

A. An abandoned vehicle which remains in the same position for a period of forty-eight (48) hours after an owner has been requested to remove it or after a notice to the owner has been posted upon the vehicle shall constitute a nuisance if no person has appeared to show good cause why the vehicle should not be moved.

B. It shall be the duty of the police department to remove a vehicle which constitutes a nuisance under the provisions of this chapter, store the vehicle and dispose of it pursuant to the provisions of this chapter.

C. After impoundment, the chief of police shall cause the vehicle to be appraised.

(Ord. 1-1980 § 5)

2.12.060 - Sale of vehicles having a value less than one hundred dollars.

A. If the vehicle is appraised at one hundred dollars ($100.00) or less, the chief of police shall file with the Department of Motor Vehicles an affidavit describing the vehicle, including the license plates, if any, stating the location and appraised value of the vehicle, and stating that the vehicle will be junked or dismantled. The chief of police shall state that notice of intent to junk or dismantle a vehicle has been sent with notification of the location of the vehicle to the owner, or that a diligent search has been made to find the owner and it has not been successful.

B. Upon completion and forwarding the affidavit and an expiration of a period of fifteen (15) days, the chief of police may without notice of public auction, dispose of the vehicle and execute a certificate of sale in the form provided by this chapter.

(Ord. 1-1980 § 6)

2.12.070 - Notice to owner of receipt of property by the city.

If the name and residence of the owner of the impounded, recovered or deposited personal property is known to the city, a notice shall immediately be sent to the owner containing the following information:

A. A description of the property;

B. Identifying characteristics of the property that would indicate that the person receiving the notice is the owner;

C. Reasons for the item of personal property being in the custody of the city;

D. A statement that if the property is not reclaimed within thirty (30) days it will be sold, expenses of towing, storage, sale and administration deducted from the sale price and the balance remitted to the recorder-treasurer.

(Ord. 1-1980 § 7)

2.12.080 - Right of city to sell property.

If personal property retained by the city is not claimed and taken away within thirty (30) days after the date it was received, the property shall be sold in the manner provided for in this chapter. All items of personal property, except vehicles having a value of less than one hundred dollars ($100.00), shall be sold at public auction.

(Ord. 1-1980 § 8)

2.12.090 - Notice of sale.

If the name and residence of the owner is not known, a notice shall be published in a newspaper published in Union County containing a description of the property, and a statement that the property shall be sold at public auction, along with the date of the auction. The notice provided for in this section shall be published twice in a newspaper published in Union County, and the last publication shall be at least ten (10) days prior to the sale date.

(Ord. 1-1980 § 9)

2.12.100 - Personal property sale procedures.

A. If no claim has been made before the time set for the sale of the personal property, the chief of police shall, at the time appointed, within view of the property to be sold, offer the property for sale to the highest bidder for cash. If no bids are received for an item of property, the chief of police may dispose of it in his discretion without the necessity of taking further bids.

B. On the consummation of a sale, the chief of police shall make, execute and deliver on behalf of the city, a bill of sale signed by himself as chief of police, conveying the property in question to the purchaser, and delivering possession of the property to the purchaser. 

C. The sale and conveyance shall be without redemption. The proceeds of this sale shall be first applied upon storage, towing bills, publication fees and other costs of the keeping and sale; the balance shall go to the general fund of the city.

D. The certificate of sale shall be substantially as follows:

CERTIFICATE OF SALE

 This is to certify that under the provisions of Ordinance No. _______ Series 1980, entitled An Ordinance for the Disposal of Impounded, Recovered, or Deposited Personal Property, I did on the ___ day of _______, 199;#rule, sell to _______ for the sum of $_______ cash, the following described personal property:

 (Description of Property)

 In consideration of the payment of the same sum of $_______ receipt whereof is hereby acknowledged, I have this day delivered to said purchaser the foregoing property.

 DATED this ___ day of _______, 199_____, at Elgin, Oregon

___________

City of Elgin

NOTE: The City of Elgin assumes no responsibility as to the condition of title of the above-described property. In case this sale for any reason be invalid, the liability of the City is limited to the terms of the purchase price.

E. Upon completion of the sale provide for in this chapter, the chief of police shall deliver the proceeds of the sale, with an itemized statement of the costs of the sale, administration and storage charges, to the city recorder-treasurer.

(Ord. 1-1980 § 10)

Chapter 2.16 - PERSONNEL SYSTEM

2.16.010 - Title.

The title of the ordinance shall be the personnel ordinance of the city of Elgin.

(Ord. 5-1980 § 1)

2.16.020 - Purpose.

The ordinance codified in this chapter is adopted to establish an equitable and uniform procedure for dealing with personnel matters; to attract to municipal service and to retain the best and most competent persons available; to assure that appointments and promotions of employees will be based on merit and fitness; and to provide a reasonable degree of job security for qualified employees.

(Ord. 5-1980 § 2)

2.16.030 - Adoption and amendment of rules.

Personnel rules shall be adopted and amended by resolution of the city council. The rules shall provide means to recruit, select, develop and maintain an effective and responsive work force, and shall include policies and procedures for employee hiring and advancement, training and career development, job classification, salary administration, retirement, fringe benefits, discipline, discharge, and other related activities. All appointments and promotions shall be made in accordance with the personnel rules without regard to sex, race, color, age, religion or political affiliation; and, furthermore, shall be based on merit and fitness.

(Ord. 5-1980 § 3)

2.16.040 - Administration of the rules.

The mayor and/or his designate shall be responsible for:

A. Administering all the provisions of this chapter and of the personnel rules not specifically reserved to the city council.

B. Preparing or causing to be prepared and recommending to the city council personnel rules and revisions and amendments to such rules.

(Ord. 5-1980 § 4)

Chapter 2.20 - PLANNING COMMISSION

2.20.010 - Establishment.

There is hereby established a city of Elgin planning commission to serve as the citizen advisory committee to the city council on matters of land use and land use planning.

(Ord. No. 161, § 1, 8-15-06)

2.20.020 - Membership.

The commission shall consist of five members who are not officials or employees of the city. The mayor and city councilors may sit with the planning commission and take part in its discussions, but shall not have the right to vote.

(Ord. No. 161, § 2, 8-15-06)

2.20.030 - Term of office.

Members of the planning commission shall be appointed by the city council for a term of three years. At the first council meeting of each year those positions with an expired term shall be filled by appoint of the city council. To provide for staggered terms, the initial appointments shall be as follows: Two members shall be appointed for a term ending December 31, 2007, two members shall be appointed for a term ending December 31, 2008 and one member shall be appointed to a term ending December 31, 2009.

(Ord. No. 161, § 3, 8-15-06)

2.20.040 - Presiding members.

At it's first meeting of each calendar year, the planning commission shall elect a president and secretary each to serve one year terms.

(Ord. No. 161, § 4, 8-15-06)

2.20.050 - Meetings.

The planning commission shall meet regularly as set out in the planning commission's rules. Meetings of the planning commission shall be open to the public. Meetings other than at regularly scheduled times may be announced at a prior meeting and thereby be made a part of the meeting record. The president by motion may, or at the request of three members of the planning commission members shall, by giving notice to members of the planning commission call a previously unannounced special meeting of the commission for a time not earlier than three days after the notice is given. Three members of the planning commission shall constitute a quorum.

(Ord. No. 161, § 5, 8-15-06)

2.20.060 - Powers and duties.

The planning commission shall have the powers and duties which are now or may hereafter be assigned to it by the city charter, ordinances, or resolutions of the city, direction by motion of the city council, and general laws of the state of Oregon.

Duties and responsibilities include the following:

A. To provide for citizen involvement in land use planning and land use actions.

B. To assure affective two-way communication with citizens in land use planning and land use decisions.

C. To provide the opportunity for citizens to be involved in all phases of land use planning and the land use decision process.

D. To assure that technical information is available in an understandable form on land use matters.

E. To assure that citizens will receive a response on issues relating to land use planning and land use actions.

F. To perform the duties of a citizen advisory committee as set forth in the comprehensive plan adopted by the city council of the city of Elgin.

(Ord. No. 161, § 6, 8-15-06)

2.20.070 - Authority to remove members.

A member of this commission may be removed by the city council, after a hearing, for misconduct or nonperformance of duty, or upon absence from meetings of the planning commission for sixty (60) days without the consent of the city council.

(Ord. No. 161, § 7, 8-15-06)

2.20.080 - Severability clause.

The sections and subsections of this chapter are severable. The invalidity of a section or subsection shall not affect the validity of the remaining sections and subsections herein.

(Ord. No. 161, § 8, 8-15-06)

[1] Editor's note— Ord. No. 154, § 1, adopted February 8, 2005, repealed the former Chapter 2.04, §§ 2.04.010—2.04.030, and enacted a new Chapter 2.04 as set out herein. The former Chapter 2.04 pertained to similar subject matter and derived from Ord. No. 4-1982 and Ord. No. 103, 1996.