Section 53. Urban Renewal Revenue Bonds.
The council may, for the purpose of assisting in the planning or the undertaking and carrying out of an urban renewal or redevelopment project, issue from time to time revenue bonds of the City of Salem, to be paid to the extent permitted, or to be permitted by law, solely from the following sources:
- revenues from an urban renewal or redevelopment project; or
- from the sales of property involved in an urban renewal or redevelopment project; or
- from tax revenues attributable to the increased valuation of improvements existing or subsequently constructed on property in an urban renewal or redevelopment project; or
- from tax revenues exceeding a specified level within such project to the extent that such is permitted by law; or
- from any combination of such methods of repayment; and to that end, the council may, to the extent permitted or to be permitted by law, pledge such tax revenues or other revenues, as hereinbefore mentioned; provided, however, that not more than $5 million face value of such revenue bonds shall be outstanding at any one time. Such bonds shall be issued by the council in accordance with the procedures established by law and as the council may prescribe by ordinance, and shall bear the facsimile signatures of the mayor and director of finance and be known as "Urban Renewal Bonds or Redevelopment Bonds."
Section 54. Prohibition on Participation in Hotel and Convention Center.
- As used in this section:
- "Hotel" means a property, however owned, in which rooms or suites of rooms generally are rented as transient lodgings.
- "Transient lodging" means a room or suite of rooms which is occupied not as a principal residence:
- By persons for periods of less than 30 consecutive days; or
- With which the services normally offered by hotels, including, but not limited to, daily or bi-daily maid and linen service, a front desk and a telephone switchboard, are provided, regardless of the length of occupancy of the person.
- "Convention Center" means a property composed of a collection of meeting rooms designed to attract individuals living outside Marion County and the geographically contiguous counties, or designed to accommodate groups larger than could reasonably be expected to be generated by such counties.
- "Riverfront Property" means the City-owned land within the region bordered on the West by the Willamette River, on the East by Front Street, on the North by the Marion Street Bridge, and on the South by Pringle Creek.
- The council shall not contribute, trade, lease, loan, pledge or in any way transfer money, or property obtained directly or indirectly with money provided by this section, nor shall it provide any in-kind contributions including but not limited to staff assistance, office supplies, and postage costs funded by money provided by this section, to assist in any way construction or operation of a hotel or convention center within the boundaries of the Riverfront property.
- Notwithstanding any authority, express or implied, granted by any other section of this charter or by any ordinance adopted by the City of Salem, the restrictions contained in Subsection 2 of this section apply to all public funds and in-kind contributions controlled by the council regardless of the source of such funds or services.
Section 55. Regional Shopping Center.
The council shall enact no ordinance or enter into any intergovernmental agreement which prohibits the construction of a regional shopping center of less than one million square feet of leasable space outside the central business district. Any existing land use, comprehensive plan, ordinance, zoning provision, and intergovernmental agreement that currently prohibits said construction shall be void.
Section 56. Transient Occupancy Tax.
Any tax on the privilege of occupying a room or rooms in a hotel inn, tourist home or house, motel, or other transient lodging space and occupying space in mobile home or trailer parks for transient rentals shall not exceed nine percent of the rent charged by the operator. Revenues from such a tax shall be used for:
- Enhancement and beautification of vehicular and pedestrian entrance-ways to the city;
- Urban beautification generally;
- Improvements to or operation of major tourist attraction or cultural facilities;
- Activities performed directly by the city or through contracts which promote use of Salem for conventions, conferences, seminars or for general tourism. (As amended by a vote of the people on May 18, 1999, Ballot Measure 24-27)
Section 57. Continuation of Ordinances.
Insofar as consistent with this charter, and until amended or re-pealed, all ordinances in force when the charter takes effect retain the effect they have at that time.
Section 58. Repeal.
All charter provisions adopted before this charter takes effect are hereby repealed, save and except that portion of Section 8 of the 1899 charter, as amended by a vote of the people on May 17, 1946 (Ordinance 3680), pertaining to the jurisdiction and power of the municipal judge which is reproduced as Section 24(2) of this charter.
Section 59. Severability.
The terms of this charter are severable. If a part of the charter is held invalid, that invalidity does not affect another part of the charter, except as the logical relation between the two parts requires.
Section 60. Time of Effect.
This charter takes effect July 1, 1996. (Revised Charter approved by a vote of the people on May 21, 1996, Ballot Measure 24-65)
Section 61. Voter Approval of Annexations.
Annexations, including delayed annexations to the city, must be approved by the voters of the city except when annexation contracts were signed before this charter amendment, or when annexations are necessitated by failing septic systems or health hazards, or when annexations are mandated by state law. (Approved by a vote of the people on May 16, 2000, Ballot Measure 24-34)
Section 62. Ethical Standards for Decision-Making.
- In order to ensure public confidence in the impartiality of elected or appointed city officials, the following ethical standards for decision-making are hereby adopted. Any elected or appointed city official, who participates as a decision-maker in any decision that is made at a public hearing and that is reasonably likely to result in a pecuniary benefit to any person or entity, must disclose any and all of the following, if applicable:
- any past or present business relationships, within the last four (4) years, and family relationships, if any, between the elected or appointed official and one or more of the persons or entities, or a representative of one of such persons or entities, who or which participates in the decision-making process; and
- any direct and indirect campaign contributions or gifts given to the elected or appointed official that:
- Are from one or more of the persons or entities, or a representative of one of such persons or entities, who or which participates in the decision-making process; and
- Total $501.00 or more during the preceding two (2) years, respecting the Mayor, or the preceding four (4) years for all other elected or appointed officials; and
- Are known or should have been known to the elected or appointed official.
- For the purpose of subsection (b) above, an "indirect campaign contribution" is "given to the elected or appointed official" when one or more of the persons or entities, or a representative of one of the persons or entities, who or which participates in the decision-making process, or an opponent of the action being requested, makes a contribution to other persons or entities, who or which then makes a direct campaign contribution to the elected official, and the relationship between the contributor, the public official, and the intervening persons or entities is such that it creates the appearance of an effort to avoid this Section in the mind of a reasonable person.
- If any of the material facts set forth in subsection 1 exists, then:
- The official must disclose on the record such relationship, contribution, or gift at the commencement of each public hearing.
- All persons and entities participating in the decision-making process shall also disclose on the record the facts of any relationships, contributions, or gifts that require disclosure or recusal under this Section. However, failure to make these disclosures does not obviate the responsibility of public officials to disclose such relationships, contributions, or gifts that require disclosure.
- As used in this Section:
- "family relationship" means the relationship between the elected or appointed official and the official's spouse, son, daughter, mother, father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, cousin, stepparent, stepchild, grandparent or grandchild;
- "representative" means a person who represents a person or entity, who or which participates in the decision-making process, including, but not limited to, an attorney, planning consultant, expert witness, or employee;
- “business relationship" includes employer, employee, partnerships, contractor, lessor, lessee, current and prospective parties to contracts and professional representation or acting as another's agent or any other business relationship which a reasonable person would conclude raises ethical concerns under these provisions.
- "gift" is defined as set forth in ORS 244.020(8), excluding the exceptions listed therein; the meaning of a "gift" does not include voluntary work of the nature that is not required to be disclosed under laws on Contributions and Expenditure Reports.
- Unless absolutely necessary to render an effective decision, no elected or appointed city official shall participate as a decision-maker in any decision that is made at a public hearing and that is reasonably likely to result in a pecuniary benefit to any person or entity, if the business relationships, the family relationships, the campaign contributions, or the gifts disclosed in accordance with subsection 1 above would create the appearance of bias or impropriety in the mind of a reasonable person. If the elected or appointed city official's action is absolutely necessary in order to render an effective decision, then such elected or appointed official shall participate in the decision-making process after disclosure, notwithstanding this subsection. When two or more officials have recused themselves as a result of these provisions, and at least one additional official's participation is absolutely required in order to render an effective decision, then all such recused officials may participate, provided the required disclosures are made.
- Notwithstanding subsections 1, 2, 3 and 4 above, unless participation is prohibited under ORS chapter 244 or SRC Chapter 12, an elected or appointed official may participate, including by voting, in the making of a decision that is made at a public hearing and that is reasonably likely to result in a pecuniary benefit to any person or entity if all persons participating in the proceeding expressly waive any objection to participation by an official whose recusal is required under subsection 4, hereinabove. When a reasonable person would conclude that campaign contributions were made or disclosed or waivers granted or withheld in order to manipulate the composition of the voting members of a decision-making body, then the decision-makers shall participate or recuse themselves as necessary to achieve the purpose of public confidence in the high ethical standards for government officials. The basis for their recusal or participation under this subsection shall be disclosed and made a part of the record of the decision.
- Parties to a public hearing decision-making process in this City have an important and substantial right to a decision made in compliance with these ethical standards. A violation of subsections 1, 2.a. or 4, above, would prejudice the substantial rights of the parties to the proceeding. Any appropriate court, agency, board or commission with jurisdiction to review the decision, when presented with a timely appeal, should rule accordingly.
- Any court, agency, board or commission, required to apply these provisions upon appeal, shall interpret the words of these provisions in ways that set the highest ethical standards for officials governed by its provisions.
- If any phrase, clause, section, part or application of this Section is declared unconstitutional or otherwise unenforceable by a court of competent jurisdiction, the remaining phrases, clauses, sections, parts and applications shall remain in full force and effect. (Approved by a vote of the people on May 21, 2002, Ballot Measure 24-78)