GENERAL INFORMATION: 503-823-4000
When a particular grant of authority contained in the Charter subsequently is removed, expressly or by implication, the prior grant of authority nevertheless shall continue in force unless specifically forbidden, to the following extent: if the City has contracted with another person under such authority, if the City has begun a public work, facility, structure, project or program pursuant thereto and termination would entail risk of City liability for damages, or if the Council finds that third persons have materially changed their position in reliance upon Council action thereunder, then the authority previously contained in the Charter shall continue until the contract, public work, facility, structure, project or program is completed, or the action carried out.
When a particular procedure is changed, expressly or by implication, proceedings pending or in process under the prior procedure may continue as though unchanged, or the Council may use the changed procedure for the balance of the proceedings after the change, or the Council may use the prior procedure in part and the changed procedure in part, as it finds appropriate or convenient. [New sec. Nov. 8, 1966.]
Ordinance provisions originally included in a Charter, subsequently continued as ordinances and not amended, repealed or superseded, shall continue in full force and effect as ordinances until amended, repealed or superseded by the Council. Reinclusion of the same authority or procedure in the Charter removes authority of the Council to affect them. [May 3, 1913, part of new sec. 96; 1914 rev. sec. 283; 1928 pub. sec. 283; 1942 recod., sec. 12-103; rev. Nov. 8, 1962.]
When a Charter provision is to be implemented by general ordinance, lack of general ordinance setting forth the procedural steps shall not prevent an improvement, work or act. Existing ordinances may be followed so far as applicable, and the Council may, by resolution or ordinance relating to that improvement, work or act, carry out the public purpose by resolution or ordinance recognizing and approving the procedure followed. Lack of a general procedural ordinance shall not impair the validity of the proceedings. A subsequent general ordinance need not follow the same procedure.
In following procedures provided in this Charter, the Council by ordinance may fix additional procedures in any matter for which the procedures provided in this Charter are incomplete or silent. [New sec. Nov. 8, 1966.]