CHAPTER 2 Powers
Section 4. Powers of the City.
The city has all powers that the constitutions, statutes and common law of the United States and of the State of Oregon now or hereafter expressly or impliedly grant or allow the city as fully as though this charter specifically enumerated each of those powers.
Section 5. Construction of Powers.
In this charter no specification of a power is exclusive or restricts authority that the city would have if the power were not specified. The charter shall be liberally construed so that the city may exercise fully all its powers possible under this charter and under United States and Oregon law. All powers are continuing unless a specific grant of power clearly indicates the contrary.
Section 6. Distribution of Powers.
Except as this charter prescribes otherwise and as the Oregon Constitution reserves municipal legislative power to the voters of the city, all powers of the city are vested in the council.
Section 6.1. Limitation on Taxes, Fees and Charges.
The power of the city to impose taxes, fees, assessments, fines, penalties, charges or any other revenue-generating mechanism is reserved to and vested in the people, except as specifically set forth below. The city may not impose new, additional, or increased fees, taxes, assessments, fines, penalties, charges or any other revenue-generating mechanism of any kind except upon the affirmative vote of the majority of the electors in the city in an election held on a May or November general election date.
The following revenue-generating mechanisms or increases are exempt from this section and within the power of the council, subject to limitations imposed by the Constitution and laws of the State of Oregon:
(a) Any revenue-generating mechanism otherwise subject to voter approval under the Constitution or laws of the State of Oregon;
(b) Any revenue-generating mechanism for which the laws or Constitution of the State of Oregon otherwise provide standards and limitations for the implementation and amount of such mechanisms, including property taxes, special assessments for local improvements, system development charges, and franchise fees/privilege taxes.
(c) Rent or lease payments, interest and investment earnings, proceeds from sale of property, amounts charged to and paid by another unit of government, and payments derived from contracts entered into by the city as a proprietary function;
(d) Increases to existing fees, taxes, assessments, fines, penalties, charges or other revenue-generating mechanisms that do not exceed the percentage increase in social security and supplemental security income benefits due to cost of living adjustments by the Social Security Administration since the last increase to such mechanism. This exception does not apply to city services fees. (Measure 6-176, passed May 19, 2020)