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Chapter 2.08

DRUG AND ALCOHOL ABUSE ADVISORY BOARD

Sections:  
2.08.010            Purpose.  
2.08.020            Membership.  
2.08.030            Terms of office.  
2.08.040            Chairperson.  
2.08.050            Powers and duties.  
2.08.060            Consultants and grants.  
2.08.070            Limitation of authority.

2.08.010            Purpose. 
            A drug and alcohol task force is established as an advisory board to perform the functions described in this chapter and to carry out any other duties which the city council may assign. (Ord. 584 § 1, 1992)

2.08.020            Membership. 
            The board shall consist of seven members appointed by the council, to serve at the pleasure of the council. The city council shall appoint seven members having the following qualifications: 
            A.            At least four city of Waldport residents; 
            B.            Up to three nonresidents residing outside of Waldport; 
            C.            In appointing members, the city council will make an effort to include representation from many community organizations. In addition to the seven voting members, the police chief or designee shall serve as ex-officio staff member to the board. (Ord. 584 § 2, 1992)

2.08.030            Terms of office. 
            The term of appointment will be three years with one-third of the board positions expiring each December 31st. The original term of appointments will be three expiring December 31, 1992, three expiring December 31, 1993, and one expiring December 31, 1994, as determined by the drawing of lots. Any vacancy shall be filled by the council for the unexpired portion of the term. Any member may be removed without cause by a vote of the city council to be effective as set forth in the motion therefore. (Ord. 584 § 3, 1992)  

2.08.040            Chairperson. 
            The board will elect a chairperson in January of each year for a one-year period. Other rules for the orderly function of the board may be adopted by the board. (Ord. 584 § 4, 1992)

2.08.050            Powers and duties. 
            The board shall have the following powers and duties: 
            A.            Assess public opinion regarding drug and alcohol abuse; 
            B.            Solicit expert advice regarding drug and alcohol abuse; 
            C.            Advise on the coordination of activities regarding drug and alcohol abuse; 
            D.            Provide means of information sharing regarding drug and alcohol abuse; 
            E.            Make recommendation on the establishment and implementation of programs related to drug and alcohol abuse; 
            F.            Advise city council and staff on the establishment or implementation of educational programs on the subject of drugs and alcohol in the community; 
            G.            Advise city council and staff on enforcement programs relating to drug and alcohol abuse; 
            H.            Advise city council and staff on the establishment or implementation of additional regulations relating to drug and alcohol abuse; 
            I.            Advise city council and staff on the establishment or implementation of rehabilitation programs for drug and alcohol treatment; 
            J.            Oversee the supervision of any staff directly hired by the drug and alcohol abuse task force. (Ord. 584 § 5, 1992)

2.08.060            Consultants and grants. 
            The board may retain consultants and accept grants with the approval of the city council. (Ord. 584 § 6, 1992)

2.08.070            Limitation of authority. 
            The board only has authority as is specified in this chapter or authorized by subsequent motions or resolutions of council. (Ord. 584 § 7, 1992)  

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Chapter 2.12

URBAN RENEWAL AGENCY

Sections:

2.12.010            Established.

2.12.010            Established. 
            Blighted areas are found to exist in the city of Waldport and an urban renewal agency is needed to function in the city to deal with these blight problems. The members of the city council shall be the members acting as the urban renewal agency and any act of the council members acting as the urban renewal agency shall be an act of the urban renewal agency only and not an act of the city council. (Ord. 435, 1981)

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Chapter 2.16

PUBLIC RECORDS

Sections:  
2.16.010            Records officer designated—Duties.

2.16.010            Records officer designated—Duties. 
            The city recorder is designated as the records officer for the city of Waldport. The records officer shall: 
            A.            Create, maintain, monitor and update the city-wide records retention schedule through coordination with the State Archivist and department supervisors; 
            B.            Create a records management manual providing for proper records handling, retention and storage for all city departments; 
            C.            Review requests for new records equipment; 
            D.            Assist in establishing storage facilities; 
            E.            Keep updated on records law and procedures in order to implement required procedures and/or educate staff regarding record retention; and 
            F.            Report to the State Archivist regarding the records management program as required. (Ord. 585, 1992)

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Chapter 2.20

PUBLIC LIBRARY

Sections:  
2.20.010            Established.  
2.20.020            Library board.  
2.20.030            Financing of library.  

2.20.010            Established. 
            The Waldport public library is established under the provisions of ORS 357.400 to ORS 375.621. (Ord. 653 § 1, 1998: Ord. 585 § 1, 1992)

2.20.020            Library board. 
            A.            The library shall be governed by a library board. 
            B.            The members of the library board shall be appointed by the Waldport city council and shall consist of one city council member. At least two of the four remaining members shall reside within the city of Waldport. 
            C.            The library board will consist of five members; one member initially holding office for one year, one for two years, one for three years, and two for four years, commencing on July 1, 1999. Succeeding appointees will hold office for a term of four years from July 1st in the year of their appointment. At expiration of the term of any member of the library board, the city council shall appoint a new member or may reappoint a member for a term of four years as provided in subsection B of this section. If a vacancy occurs, the city council shall appoint a new member for the unexpired term. No person shall hold appointment as a member for more than two full consecutive terms, but any person may be appointed again to the library board after an interval of one year. 
            D.            At its first meeting in July of each year, the board shall elect a chairperson from among its members. The librarian shall serve as secretary to the board and keep the record of its actions. The library board shall adopt bylaws for the orderly function of its business. 
            E.            No member of the library board shall have any financial interest, either directly or indirectly, in any contract to which the library is a party, nor shall any member receive a salary or any payment for material or for services rendered, for the library board or library. 
            F.            Subject to prior approval of the library board, library board members and the library director may be reimbursed for expenses incurred in the performance of their duties. 
            G.            The library director shall prepare an annual report to the library board, to the city council, and to the State Library on a form supplied by the Oregon State Library. Any reports required by the Lincoln County library district will also be timely prepared. 
            H.            The city administrator shall appoint the library director and staff, fix their compensation subject to approval by the city council, determine their working conditions and prescribe their duties. All library employees shall be subject to the personnel rules, labor contracts as relevant, and other rules and policies of the city. 
            I.            The general powers, duties, and responsibilities of the library board are: 
            1.            Formulating rules and policies for the governance of the library; 
            2.            Preparing and submitting an annual budget request to the city council; 
            3.            Approving, or delegating to the library director the responsibility for approving, all budgeted expenditures from library operating funds. Library board approval is required for expenditures from the library building/capital and library trust fund accounts. Prior council approval shall be required for any expenditures other than those budgeted; 
            4.            Subject to Section 2.20.030 of this chapter, requiring prior council approval for expenditures outside the general library fund, use or expenditure of any real or personal property or funds donated to the library, or purchase, control or disposal of real and personal property necessary for the purposes of the library, except that each donation shall be administered in accordance with its terms, and all property or funds shall be held in the name of the city of Waldport. Donations or bequests of land or buildings, and of money with stipulated time frames for expenditure, shall require city council approval before acceptance by the city; 
            5.            Selection of sites for library buildings or for location of library facilities, with both library board and council approval being required; 
            6.            Entering into contracts, with both library board and city council approval being required; 
            7.            Reporting to, or delegating to the library director the responsibility for reporting to, the city council of pertinent issues concerning the Waldport public library, Lincoln County library district, and the Oregon State Library; 
            8.            Reporting to, or delegating to the library director the responsibility for reporting to, the city council of pertinent regulations, changes, or compliance requirements relating to the threshold criteria for public libraries and/or any Lincoln County library district and state of Oregon requirements; 
            9.            Reporting to, or delegating to the library director the responsibility for reporting to, the city council on pertinent issues concerning the administration, utilization, maintenance, and operations of the library. 
            10.            Such other general powers, duties, and responsibilities as the city council may assign. (Ord. 658 §§ 1, 2, 1999; Ord. 654, 1999; Ord. 653 § 2, 1998: Ord. 585 § 2, 1992)

2.20.030            Financing of library. 
            The library shall be financed through the use of city general tax funds, revenue obtained from the operation of the library, grants, gifts, funds distributed by contract with the Lincoln County library district, donations and bequests received and designated to be used for library purposes, and any other tax levies that may be authorized by the electors. Prior city council approval is required for any expenditure from any fund other than the library general fund. (Ord. 653 § 3, 1998: Ord. 585 § 3, 1992)  

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Chapter 2.24

DISPOSITION OF PERSONAL PROPERTY

Sections:  
2.24.010            Custody of property.  
2.24.020            Surrender to true owner.  
2.24.030            Sale procedure.  
2.24.040            Certificate of title.  
2.24.050            Dangerous or perishable property.  
2.24.060            Scope.

2.24.010            Custody of property. 
            Whenever any personal property other than motor vehicles is taken into the custody of any department by reason of seizure, abandonment or for any other reason, the personal property shall be turned over to and held by the city recorder at the expense and risk of the owner or person lawfully entitled to possession thereof. (Ord. 352 § 1, 1975)

2.24.020            Surrender to true owner. 
            Within sixty (60) days after such property is taken into possession, except when confiscated or held as evidence, the owner or person lawfully entitled to possession may reclaim the same upon application to the city recorder, submission of satisfactory proof of ownership or right to possession, and payment of charges and expenses, if any, incurred in the storage, preservation and custody of the property. (Ord. 352 § 2, 1975)

2.24.030            Sale procedure. 
            A.            At any time after said sixty (60) day period, the city recorder shall sell at public auction any unclaimed property and any property which has been confiscated and not ordered destroyed, except such property held as evidence in any legal or court proceeding. Notice of such sale shall be given once by publication in a newspaper of general circulation in the city at least ten (10) days before the date of sale, giving the time and place of sale and generally describing the property to be sold. 
            B.            All sales of such property shall be for cash to the highest and best bidder; provided, however, that any person appearing at or prior to such sale and proving ownership or right of possession thereto shall be entitled to reclaim the property upon the payment of the charges and expenses incurred by the city in the storage, preservation and custody of the property and a proportionate share of the costs of advertising the same for sale. 
            C.            If no bids are entered for the property or if the highest bid entered is less than the costs incurred by the city, the city recorder may enter a bid on behalf of the city in an amount equal to such costs. If bid in by the city, the property shall become the property of the city as compensation for the costs incurred, or if no use or value to the city, shall be disposed of in such manner as the city recorder directs. 
            D.            The proceeds of a sale shall be first applied to payment of the cost of the sale and the expense incurred in the preservation, storage and custody of the property; and the balance, if any, shall be credited to the general fund of the city. 
            E.            Said sales shall be without the right of redemption. (Ord. 352 § 3, 1975)

2.24.040            Certificate of title. 
            At the time of the payment of the purchase price, the city recorder shall execute a certificate of sale in duplicate, the original to be delivered to the purchaser and a copy to be kept on file in the office of the city recorder, which certificate shall contain the date of sale, the consideration paid, a brief description of the property and a stipulation that the city does not warrant the condition or title of such property other than the return of the purchase price in case the title is for any reason invalid. The certificate of sale shall be in substantially the following form:

CERTIFICATE OF SALE

            This is to certify that under the provisions of Ordinance No.              and pursuant to due notice of time and place of sale, I did on the          day of             , 19   , sell at public auction to                                                                  for the sum of $             cash, he being the highest and best bidder, and that being the highest and best sum bid therefore, the following-described personal property, to wit:

(brief description of property)

            And in consideration of the payment of the said sum of $            , receipt whereof is hereby acknowledged, I have this day delivered to said purchaser the foregoing property. Dated this           day of                   , 19      .

City Recorder

            Note: The city of Waldport assumes no responsibility as to condition of title of the above-described property. In case this sale shall for any reason be invalid, the liability of the city is limited to return of the purchase price. (Ord. 352 § 4, 1975)

2.24.050            Dangerous or perishable property. 
            Any property coming into the possession of the city recorder which he or she determines to be dangerous or perishable may be disposed of immediately, without notice, in such manner as he or she determines to be in the public interest. (Ord. 352 § 5, 1975)

2.24.060            Scope. 
            This chapter shall apply to all personal property, except motor vehicles, now or hereafter in custody of the city. (Ord. 352 § 6, 1975)  

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Chapter 2.28

PUBLIC CONTRACTING AND PURCHASING

Sections:
2.28.010         Public Contracts
2.28.020         Professional Services
2.28.030         Exemption from Competitive Bidding for a Public Improvement Contract
2.28.040         Negotiations with Lowest Bidder for a Public Improvement Contract
2.28.050         Brand Name Specifications for a Public Improvement Contract
2.28.060         Subcontractor Disclosure for a Public Improvement Contract
2.28.070         Bid Security for a Public Improvement Contract
2.28.080         Performance and Payment Bonds for a Public Improvement Contract
2.28.090         City Administrator Authority

2.28.010         Public Contracts
            A.        The Waldport City Council is designated as the local Contract Review Board under the State of Oregon Public Contracting Code, pursuant to ORS 279.055.  The Contract Review Board may, from time to time, delegate its powers and responsibilities consistent with the Oregon Public Contracting Code, the Model Rules, or the Waldport Code.  The City Administrator, or his/her designee is designated as the City’s “Purchasing Agent” for purposes of contracting powers and duties assigned to the City of Waldport under the State of Oregon Public Contracting Code or the Model Rules.
            B.        Except as specifically provided herein, Public contracts shall be let by the City of Waldport according to the State of Oregon Public Contracting Code, including the Model Rules adopted by the Oregon Attorney General as they now exist and as they may be amended in the future, and the Waldport Code.  Definitions provided by the State of Oregon Public Contracting Code or the Model Rules shall apply to the City of Waldport procurements, except as may be specifically provided herein.
            C.        The following classes of public contracts are hereby exempted from competitive procurement:
            1)  Any contract exempted by the State of Oregon Public Contracting Code or Model Rules (for example, any contract for less than $5000);
            2)  Change orders or contract amendments that are reasonably related to the scope of work under the original contract, up to $50,000.  Change orders or other amendments that increase the initial price of the contract by more than $50,000 must be separately approved by the Contract Review Board.
            3)  Contracts for the purchase of computer equipment and software, which may be by requests for quotations.
            4)  Purchases through federal programs, pursuant to ORS 279A.180.
            5)  An emergency contract, provided that the Contracting Agency adheres to the requirements of ORS 279B.080 or 279C.335(5) and the Model Rules.
            6)  Any other contract (including sole source and brand name specification contracts) where the public interest would be promoted by exempting the contract from the competitive bidding process, provided that the Contract Review Board adheres to the Public Contracting Code and the Model Rules in making the exemption.
            D.        Notice of public improvement contracts may be published electronically where the City Administrator finds that such publication is likely to be cost effective. (Ord. 700 § 2, 2005)

2.28.020         Professional Services
            This section provides the procedures for the award of contracts for professional personal services contracts, including but not limited to services such as financial, accounting, personnel, risk management, insurance, real estate, and economics.
            A.        For professional services contracts with an anticipated fee of over $50,000, the services shall be procured consistent with ORS 279.051 and the AG Model Rules for engineering and architecture services.
            B.        For professional service contracts involving an anticipated fee of more than $10,000 and less than $50,000, the City Administrator shall solicit at least three prospective contractors, each of whom shall appear to have at least the minimum qualifications for the proposed assignment. The City Administrator shall notify each prospective contractor in reasonable detail of the proposed assignment, and determine the prospective contractor’s interest and ability to perform the proposed assignment.
            1.  The City Administrator may arrange an interview with any or all of the interested prospective contractors for the assignment by an appropriate City employee or by an interview committee.
            2. Following a review of the qualifications and interview, where conducted, of the interested prospective contractors, the City Administrator shall select the prospective contractor.
            C.        For contracts with an anticipated fee of $10,000 or less, the City Administrator may negotiate a contract for such with any qualified contractor.
            D.        For any professional personal services with anticipated fees of less than $50,000, the following criteria shall be considered in the evaluation and selection of contractor to perform the required services:
            1. Demonstrated specialized experience in the type of work to be performed;
            2. Capacity and capability to perform the work, including any specialized services within the time limitations for the work;
            3. Educational and professional record, including past record of performance on contracts with governmental agencies and private parties with respect to cost control, quality of work, ability to meet schedules, and contract administration, where applicable;
            4. Availability to and familiarity with the area in which the specific work is located, including knowledge of design or techniques peculiar to it, where applicable; and
            5. Any other factors relevant to the particular contract.
           E.        The selection procedures described in Sections B and C may be waived by the City Administrator for either of the following reasons:
            1. An emergency exists that could not have been reasonably foreseen and that requires such prompt execution of a contract to remedy the situation and there is not sufficient time to permit utilization of the selection procedures; or
            2. The contractor is the only person within a reasonable area who performs the services or work.
            3. If the City Administrator waives the selection procedures in Section B or C a written report recording the circumstances involved in the decision to waive the procedures will be filed. (Ord. 700 § 3, 2005)

2.28.030 Exemption from Competitive Bidding for a Public Improvement Contract
            A.        The City Council may exempt a public improvement contract or a class of public improvement contracts from competitive bidding upon approval of the following written findings and, before final adoption of the findings, holding a public hearing for which notification is published in the Daily Journal of Commerce and any other publication(s) the City deems appropriate at least 14 days before the hearing:

            1. It is unlikely that the exemption will encourage favoritism in the awarding of public improvement contracts or substantially diminish competition for public improvement contracts; and

            2. The awarding of public improvement contracts under the exemption will result in substantial cost savings to the City.

            B.        In granting an exemption under this Section, the City shall, when appropriate, use alternate contracting methods that take account of market realities and modern practices and are consistent with the public policy of encouraging competition.

            C.        A public improvement contract may be exempted from competitive bidding if emergency conditions require prompt execution of the contract. If the City declares an emergency, any contract awarded under this subsection must be awarded within 60 days following declaration of the emergency.

            D.        An exemption under this Section may authorize or require the award of a public improvement contract by competitive proposals. A contract awarded under this subsection may be amended only upon approval of the City Administrator. (Ord. 700 § 4, 2005)

2.28.040 Negotiations with Lowest Bidder for a Public Improvement Contract

            A.        If a public improvement contract is competitively bid and all responsive bids from responsible bidders exceed the City’s cost estimate, the City may negotiate with the lowest responsive, responsible bidder prior to awarding the contract in order to solicit value engineering and other options to attempt to bring the contract within the City’s cost estimate.

            B.        A negotiation with the lowest responsive, responsible bidder under this Section may not result in the award of the contract to that bidder if the scope of the project is significantly changed from the original bid proposal.

            C.        The records of a bidder 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.  (Ord. 700 § 5, 2005)

2.28.050 Brand Name Specifications for a Public Improvement Contract
            A.        Specifications for public improvement contracts may not expressly or implicitly require any product by any brand name or make, nor the product of any particular manufacturer or seller, unless the product is exempt under Subsection B of this Section.
            B.        The City Council may exempt certain products or classes of products from Subsection A of this Section upon any of the following findings:
            1.  It is unlikely that the exemption will encourage favoritism in the awarding of public improvement contracts or substantially diminish competition for public improvement contracts;
            2.  The specification of a product by brand name or mark, or the product of a particular manufacturer or seller, would result in substantial cost savings to the City;
            3.  There is only one manufacturer or seller of the product in the quantity desired; or
            4.  Efficient utilization of existing equipment or supplies requires the acquisition of compatible equipment or supplies. (Ord. 700 § 6, 2005)

2.28.060 Subcontractor Disclosure for a Public Improvement Contract

            The First-Tier Subcontractor Disclosure Form, when required by ORS279C.370 for a public improvement contract, must be submitted to the City with the bid or proposal for that public improvement contract. Ord. 700 § 7, 2005

2.28.070 Bid Security for a Public Improvement Contract

            A.        A bid submitted in response to a solicitation for a public improvement contract shall be accompanied by a bid security in the amount of 5% of the total bid amount.

            B.        The bid security may be in the form of a bond, irrevocable letter of credit issued by insured institution as defined in ORS 706.008, cashier’s check, or certified check.

            C.        A public improvement contract in an amount less than $25,000 is exempt from the requirements in Subsection A and B of this Section.  The City Council may also exempt other contracts or classes of contracts from the requirements in Subsections A and B of this Section. (Ord. 700 § 8, 2005)

2.28.080 Performance and Payment Bonds for a Public Improvement Contract 
            A.        A successful bidder for a public improvement contract shall promptly execute and deliver to the City a performance bond and a payment bond, each in an amount equal to the full contract price.
            B.        A cashier’s check or certified check may be submitted in lieu of the required bond.
            C.        A public improvement contract in an amount less than $25,000 is exempt from the requirements in Subsection A and B of this Section.  The City Council may also exempt other contracts or classes of contracts from the requirements in Subsections A and B of this Section. (Ord. 700 § 9, 2005)

2.28.090 City Administrator Authority
The City Administrator, as the Purchasing Agent, shall have the authority to take the following actions without additional authorization from the Council:
            A.        Advertise bids or proposals when the proposed goods, items and or services are included in the adopted budget and or approved capital improvement programs.
            B.        Award and execute contracts not exceeding $50,000 or change orders to contracts up to but not to exceed $50,000.
            C.        Recommend to the City Council, as the Contract Review Board, whether to approve or not approve contract awards or change orders in excess of $50,000. (Ord. 700 § 10, 2005)