Chapter 10: Miscellaneous
Section 43. Existing Ordinances Continued. All ordinances of the City consistent with this Charter and in force when it takes effect shall remain in effect until amended or repealed.
[As amended by special election, November 7, 1995; and general election November 7, 2006 (section renumbered).]
Section 44. Continuation of Rights and Liabilities. No right or liability of the City existing at the time this Charter takes effect shall be impaired or discharged by adoption of this Charter, except as this Charter otherwise provides.
[As amended by general election November 7, 2006 (section renumbered).]
Section 45. Repealing Clause. All Charters and Charter amendments of the City enacted prior to the time that this act takes effect, except as herein otherwise provided, are hereby repealed.
[As amended by general election November 7, 2006 (section renumbered).]
Section 46. Provisions of Prior Charters Retained. The following provisions of prior Charters are hereby retained:
(a) Authorizing additional tax levy for fire department. In addition to all other or different powers or authority contained in the Charter of the City of Corvallis authorizing the City to levy, assess and collect taxes, the Council is hereby authorized and empowered to assess, levy and collect each year and include in the general tax levy each year such additional special tax levy as in the judgment of the Council shall be required, upon all property in the City not exempt from taxation, not to exceed two mills upon the dollar valuation of property assessed, for the purpose of providing additional funds for the equipment, maintenance and conducting of the fire department (to be added to the "fire department fund"). Said levy shall be permitted in addition to and in excess of the constitutional 6 percent limitation upon the City's tax levy.
[1915 Charter, Section 112; 1929 Charter, Section 112A; 1942 Charter, Section 112A]
(b) Authorizing special tax for recreation program. In addition to all other or different powers and authority contained in the Charter of the City of Corvallis, Oregon, authorizing the City to assess, levy and collect taxes, the Council is hereby authorized and empowered to assess, levy and collect each year and include in the general tax levy each year such additional special tax levy as in the judgment of the Council shall be required upon all property in the City not exempt from taxation, not to exceed one mill upon the dollar valuation of property assessed for the purpose of providing additional funds for organizing, administering and conducting a recreational program for said City. Said levy shall be permitted in addition to and in excess of the constitutional 6 percent limitation upon the City's tax levy.
[1944 Charter, Section 272, as subsequently amended]
(c) Authorizing one year special tax levy. In addition to all other and different powers and authority contained in the Charter of the City of Corvallis, Oregon, authorizing said City to assess, levy and collect taxes, the Council of said City is hereby authorized and empowered to assess, levy and collect each fiscal year, and include in the general tax levy each fiscal year for one year, beginning with the next tax levy after the adoption hereof, such additional special tax levy as in the judgment of the Council shall be required, upon all property in said City not exempt from taxation not to exceed five mills upon the dollar valuation of property assessed for the purpose of providing additional funds for any and all legal municipal purposes. Said levy shall be permitted in addition to and in excess of the constitutional 6 percent limitation upon the City's tax levy.
[1909 Charter, Section 112, as subsequently amended]
(d) Authorizing tax levy for general municipal purposes. The Council has power and authority within the City of Corvallis to assess, levy and collect taxes upon all property, both real and personal, not exempt from taxation. The Council shall levy the amount of taxes necessary to provide for the payment during the ensuing fiscal year of all properly authorized demands upon the treasury, and the tax necessary to pay any interest accruing during the year on the bonded indebtedness of the City and any sinking fund levy lawfully provided for subject to the general laws of the State of Oregon.
[As amended by Ordinance No. 54-6, March 1, 1954, adopted by Charter amendment special election May 21, 1954; 1909 Charter, Section 112.]
(e) Authorizing additional tax levy for fire and street departments. In addition to all other or different powers or authority contained in the Charter of the City of Corvallis authorizing the City to levy, assess and collect taxes, the Council is hereby authorized and empowered to assess, levy and collect each year and include in the general tax levy each year such additional special tax levy as in the judgment of the Council shall be required upon all property in the City not exempt from taxation, not to exceed two mills upon the dollar valuation of property assessed, for the purpose of providing additional funds for the equipment, maintenance and conducting of the fire department (to be added to the "fire department fund") and for the maintenance and construction of City streets (to be added to the "street department fund"), not more than one and one-half mills thereof to be used for the fire department and not more than one-half mill thereof to be used for the street department. Said levy shall be permitted in addition to and in excess of the constitutional 6 percent limitation upon the City's tax levy.
[1948 Charter, Section 276, as subsequently amended]
(f) Water user charge. In addition to all other different powers and authority contained in the Charter of the City of Corvallis, Oregon, the Council is hereby authorized and empowered to establish and collect just and equitable charges upon water users, both within and outside the City, and also upon premises served by sewer, either or both, to provide funds to acquire, construct, equip, operate and maintain within and without the City limits of Corvallis sewage disposal plant or plants, sewers, equipment and appurtenances necessary, useful or convenient for a complete sewer system and disposal plant, including maintenance and extension of the present sewer system.
[1944 Charter, Section 273, as subsequently amended; and general election November 7, 2006 (section renumbered).]
Section 47. Franchises. No franchise shall be granted by the City of Corvallis for a period in excess of 20 years.
[As amended by general election November 7, 2006 (section renumbered).]
Section 48. Amendments. An amendment to the Charter of the City of Corvallis, or new or supplemental Charter, may be proposed and submitted to the legal voters of the City by resolution of the Council. No amendment of the Charter shall be effective until it is approved by a majority of the votes cast thereon by the legal voters of the City. The ballot title of such amendment shall be the same as prepared and submitted with such amendment, or new or supplemental Charter, by the resolution of the Council.
[As amended by special election held May 19, 1981; and general election November 7, 2006 (section renumbered).]
Section 49. Time of Effect of Charter. This Charter shall take effect December 1, 2021.
[As amended by special election November 2, 2021]
Section 50. Authorizing a Continuing Special Tax Levy. In addition to all other and different powers and authority contained in the Charter of the City of Corvallis, Oregon, authorizing said City to assess, levy and collect taxes, the Council of said City is hereby authorized and empowered to assess, levy and collect each fiscal year not to exceed five years and include in the general tax levy each fiscal year not to exceed five years beginning with the next tax levy after the adoption hereof, such additional special tax levy as in the judgment of the Council shall be required, upon all property in said City not exempt from taxation, not to exceed $38,500.00 per fiscal year (approximately three and one-half mills upon the dollar valuation of property assessed) for each of the aforesaid five years for the purpose of providing additional funds for the construction, equipping, maintenance and manning of a new fire station and other additional fire equipment, and thereafter the said Council of said City is hereby authorized and empowered to assess, levy and collect each fiscal year and include in the general tax levy each fiscal year beginning with the next tax levy after the expiration of five years from the next tax levy after the adoption hereof, such additional special tax levy as in the judgment of the Council shall be required, upon all property in said City not exempt from taxation, not to exceed $16,500.00 per fiscal year thereafter (approximately one and one-half mills upon the dollar valuation for property assessed) for the purpose of providing additional funds for the maintenance and manning of said new fire station. Such said tax levies to be in addition to and in excess of the constitutional 6 percent limitation upon the City's tax levy. Any and all provisions of the Charter and ordinances of said City of Corvallis, Oregon, which shall conflict with the provisions hereof are hereby repealed.
[As amended by Ordinance No. 53-34, September 21, 1953, adopted by Charter amendment special election October 13, 1953; and general election November 7, 2006 (section renumbered).].]
Section 51. Authorizing Special Tax for Park and Recreational Program. In addition to all other or different powers and authority contained in the Charter of the City of Corvallis, Oregon, authorizing the City to assess, levy and collect taxes, the Council is hereby authorized and empowered to assess, levy and collect each year and include in the general tax levy each year, such additional special tax levy as in the judgment of the Council shall be required upon all property in the City not exempt from taxation and not to exceed $18,000.00 in any tax year (approximately one and one-half mills upon the dollar valuation of property assessed), for the purpose of providing additional funds for acquiring, improving and administering public parks for said City and conducting recreational programs therefor. Said levy shall be permitted in addition to and in excess of the constitutional 6 percent limitation upon the City tax levy.
[As amended by Ordinance No. 55-48, November 21, 1955, adopted by Charter amendment special election held December 15, 1955; and general election November 7, 2006 (section renumbered).]
Section 52. Services to Property Outside Corporate City Limits. The City shall furnish no services or enter into any agreement or contract to furnish such services to property outside the corporate limits of the City unless the City Council shall have first adopted an ordinance approving the same. Any such ordinance shall contain a provision that it shall not become effective until the expiration of 30 days after its passage and approval by the Mayor. The Council shall make provision for and hold public hearing prior to the adoption of any such ordinance.
[Charter amendment adopted by special election held November 5, 1974; and general election November 7, 2006 (section renumbered).]
Section 53. Vote on Annexations. Unless mandated by State law, annexation, delayed or otherwise, to the City of Corvallis may only be approved by a prior majority vote among the electorate.
[Charter amendment adopted at general election held November 2, 1976; and general election November 7, 2006 (section renumbered).]
Section 54. Appeals to the City Council. In instances where the City Council has delegated authority for rendering decisions following public evidentiary hearings, any decision by that delegated authority may be appealed to the City Council by petition of 10 registered voters who are residents of the City of Corvallis. The City Council shall conduct a de novo hearing, basing its decision upon testimony given by proponents, opponents and staff as well as the record developed by the hearing authority.
[Charter amendment adopted at general election November 2, 1976; and general election November 7, 2006 (section renumbered).]
Section 55. Limiting Property Tax Levies. The City Council may not levy a property tax for general City operations of more than:
(a) To retire bond principal or interest,
(b) Levied serially for capital acquisition, construction, reconstruction, maintenance, and general operations specifically authorized by the voters,
(c) Millage levies,
(d) To finance an improvement or service in a special district created by the City Council,
(e) Any other property tax levy approved by the voters.
[Charter amendment adopted at a general election held November 2, 1982; and general election November 7, 2006 (section renumbered).]
Section 56. Downtown Development District. The Council of the City of Corvallis is authorized to establish, and from time to time to change the boundaries of a downtown development district which shall be established to provide:
1. Public parking facilities in the district;
2. Public transportation in, to, and from the district;
3. Local and public improvements; and
4. Economic promotion and development of the district.
The Council is also authorized to tax persons, property, and economic enterprise in the district and to establish one or more agencies to assist the City in the exercise of these powers.
[Added November 8, 1983; and general election November 7, 2006 (section renumbered).]
Section 57. Urban Renewal Plan. Any Urban Renewal Plan or amendment approved by the City Council shall contain the following provisions:
1. Any collection or use of tax increment funds for any purpose whatsoever must be approved in advance by a majority vote at a City election.
2. Any collection or use of tax increment funds shall be considered a Substantial Change in the Plan.
[Charter amendment adopted at a primary election held May 21, 1991; and general election November 7, 2006 (section renumbered).]
Section 58. Sections Deleted from Prior Charter and Sections Renumbered. Section 3, "Boundaries;" Section 25, "Recorder;" Sections 28, 30, 31, 35, 37, and 38 [all previously repealed]; Section 51, "Water Commission Abolished, Funds Preserved;" Section 52 [previously repealed]; Section 56 [previously repealed]; Section 59, "Authorizing Construction of Water Treatment Plant, Transmission System, Distribution System Improvements, and Bond Issue Therefor;" Section 60, "Authorizing Construction of Sewage Collection and Treatment Facilities and Bond Issue Therefor;" Section 62, "Repeal of Section 56 of the Charter of the City of Corvallis;" Section 63, "Authorizing Construction of Water Treatment Plant, Transmission System, Distribution System Improvements, and Bond Issue Therefor;" Section 64, "Authorizing Construction of Sewer Collection and Treatment Facilities and Bond Issue Therefor;" Section 66, "Authorizing Acquisition of Lands for and the Construction, Equipping, Maintaining and Manning of a New Fire Station, and Bond Issue Therefor;" Section 67, "Authorizing Construction of Reservoirs and Water Source, Transmission and Distribution System Construction and Improvements and Bond Issue Therefor;" Section 68, "Authorizing Construction of Small Plant Hangar at Corvallis Municipal Airport and Bond Issue Therefor;" Section 69, "Authorizing the Construction of Pumping Stations, Interceptor Sewers, Trunk Sewers and Lateral Sewers in the Downtown and South Corvallis Area and Bond Issue Therefor;" Section 70, "Authorizing the Acquisition of Land for and the Construction and Equipping of a New City Library and Bond Issue Therefor;" Section 71, "Authorizing Special Tax Levy for Art Center or Art Appreciation and Promotion within the City of Corvallis and Authorizing the City of Corvallis to Enter into Contract for the Purpose Thereof;" Section 72, "Authorizing the Modification, Expansion, and Equipping of Existing Primary Sewage Treatment Facilities and Construction and Equipping of Secondary Sewage Treatment Facilities for the City of Corvallis, and Bond Issue Therefor;" Section 73, "Authorizing the Acquisition, Construction, and Installation of a Fire Alarm System in the City of Corvallis, Construction and Acquisition of a Fire Engine by the City of Corvallis, and a Bond Issue Therefor;" Section 74, "Authorizing Special Tax Levy for Public Park Land Acquisition and Development, Improvement, Equipping, Maintenance, and Administration of Public Parks;" Section 75, "Authorizing Special Tax Levy for Fire Department and Police Department of the City of Corvallis;" Section 75A, "Authorizing the Construction, Reconstruction, and Replacement of Water Reservoirs and Water Treatment, Transmission, and Distribution System Improvements and a Bond Issue Therefor;" Section 76, "Authorizing the Construction and Reconstruction of Hangar Facilities at Corvallis Municipal Airport and a Bond Issue Therefor;" Section 77, "Authorizing Special Tax Levy for Art Center for Art Appreciation and Promotion and Authorizing the City of Corvallis to Enter into Contract for the Purchase Thereof;" Section 78, "Authorizing Special Tax Levy to Provide Capital Improvements for an Art Center, and Authorizing the City of Corvallis to Enter into Contracts for the Purpose Thereof;" Section 79, "Authorizing Water Treatment Plant Intake Expansion and Other Works for City Water Department and a Bond Issue Therefor;" Section 80, "Authorizing a One Year Special Tax Levy;" Section 80A, "Authorizing Sewage Treatment PlantExpansion, the Handling of Industrial Waste and Wet Weather Overflows and a Bond Issue Therefor;" Section 81, "Authorizing Ten Year Special Tax Levy;" Section 82, "Authorizing Construction, Reconstruction and Replacement of Water Treatment, Transmission, Distribution and Storage System Improvements, and a Bond Issue Therefor;" Section 83, "Authorizing a Special Bus Service Tax Levy;" Section 85, "Authorizing a Special Tax Levy Outside the Constitutional 6 Percent Limitation;" Section 86, "Authorizing Special Tax Levy Outside the Constitutional 6 Percent Limitation;" Section 87, "Authorizing Special Tax Levy for Fire Department Capital Outlay, Operation and Maintenance;" Section 90, "Authorizing the Construction and Development of Walnut Boulevard from Witham Hill to Harrison Boulevard with All Necessary Appurtenances and a Bond Issue Therefor;" Section 91, "Authorizing Special Tax Levy for Arts Center for Arts Appreciation and Promotion;" Section 92, "Authorizing Special Tax Levy Outside the Constitutional 6 Percent Limitation;" Section 93, "Authorizing the Purchase of Land Commonly Known as I.V. Hill for Park and Open Space Purposes and a Bond Issue Therefor;" Section 94, "Authorizing Special Tax Levy for Transit Capital Outlay, Operation and Maintenance;" Section 95, "Authorizing Funds for the Land Acquisition, Design and Engineering, and Preliminary Construction of Highway 34, Eastside Bypass and Other Appurtenant Costs and a Bond Issue Therefor;" Section 96, "Authorizing Funds for Installation of Fuel Storage Tanks, Construction of Railroad Grade Crossings, Rehabilitation, Installation of Improvements, and Construction of Additions to Existing Buildings; Construction and Installation of Park Improvements; Land Acquisitions for Parks; Street Improvements and Pedestrian Amenities; Traffic Signals; Bridge Construction; Street Widening and Reconstruction; Street Right-of-Way Acquisition and Construction; Bikepath Improvement and Construction and Other Appurtenant Costs and a Bond Issue Therefor;" Section 97, "Authorizing Funds for the Rehabilitation and/or Replacement of Sanitary Sewer Trunks and Submains and Laterals; and the Construction of Water Transmission Facilities; the Rehabilitation and Repair of Equipment and Facilities of City Water Treatment Plants; Installation of Water Reservoir and Pump Station; Construction and Improvement of Storm Sewer Facilities; Airport Paving and T-Hangar Construction and Other Appurtenant Costs and Bond Issue Therefor;" Section 99, "Authorizing Funds for Rehabilitation, Installation of Improvements, and Construction of Additions to Existing City Buildings; Construction and Installation of Park Improvements; Land Acquisition for Parks and Libraries; Street Improvements; Traffic Signals; Street Widening and Reconstruciton; Street Right-of-Way Acquisition and Construction; Bridge Construction; and Other Appurtenant Costs and a Bond Issue Therefor;" Section 100, "Authorizing Funds for the Rehabilitation and/or Replacement of Sanitary Sewer Trunks and Submains and Laterals; the Design and Construction of Water Transmission Facilities; the Rehabilitation and Repair of Equipment and Facilities at City Water Treatment Plants; Rehabilitation of Water Reservoir and Pump Station; Construction and Improvement of Storm Sewer Facilities; and Other Appurtenant Costs and a Bond Issue Therefor;" Section 101, "Authorizing Special Tax Levy for Transit Capital Outlay, Operation, and Maintenance;" Section 102A, "Authorizing a Three Year Special Tax Levy on the Downtown Development District;" Section 103, "Authorizing Funds for the Rehabilitation and/or Replacement of Sanitary Sewer Trunks, Submains and Laterals; Replacement of the Sequoia Creek Storm Drain; and Other Appurtenant Costs and a Bond Issue Therefor;" Section 104, "Authorizing Funds for Rehabilitation, Installation of Improvements, and Construction of Additions to the Senior Citizens Center; Street Reconstruction and Sidewalk/Pedestrian Improvements; and Other Appurtenant Costs and a Bond Issue Therefor;" Section 105, "Authorizing Special Tax Levy for Transit Operation, Maintenance, and Capital Outlay;" Section 106, "Authorizing a Three Year Special Tax Levy on the Downtown Development District;" Section 107, "Authorizing Funds for Renovation of the Majestic Theatre; and Other Appurtenant Costs and a Bond Issue Therefor;" and Section 108, "Authorizing Special Tax Levy for Arts Center for Arts Appreciation and Promotion." Section of this current Charter are renumbered accordingly.
[Added by special election, November 7, 1995; and general election November 7, 2006 (section renumbered).]
Section 59. Sale, transfer or use change of parks and natural areas.
1. Sale or transfer of city-owned parks or natural areas, or any change of use of city-owned parks or natural areas to a use not associated with parks or natural areas, shall only be approved by a prior vote among the electorate.
2. Land that has been acquired for park or natural area purposes shall not be used for any other purposes unless the use is strictly temporary in nature and is compatible with park or natural area use. Such temporary use shall not be subject to vote of the electorate if the temporary use does not exceed 2 years.
[Added by special election, May 16, 2017.]
