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HomeMy WebLinkAbout6312 ORDINANCE NO. 6 3 1 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS 2.03.030 AND 12.04.050 OF THE AUBURN CITY CODE RELATING TO AUTHORITY OF THE MAYOR WHEREAS, the current provisions of the Auburn City Code authorize the Mayor to take certain actions in connection with contract obligations of the City where those obligations are within the authority of the Mayor as conveyed by the City Council and for purposes authorized by the City Council; and WHEREAS, there are occasions when projects are identified as projects of the City that have not yet been sufficiently negotiated to determine the exact dollar amount; and WHEREAS, in those instances, it would be advantageous for the Mayor to be authorized to negotiate those contracts and to execute those contracts so long as the negotiated price falls within the budgeted authority identified by the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. That section 2.03.030 of the Auburn City Code be and the same hereby is amended to read as follows: 2.03.030 Powers and duties generally. A. The mayor shall be the chief executive and administrative officer of the city, in charge of all departments and employees, with authority to designate assistants and department heads. The mayor may appoint and remove an executive assistant to the mayor, if so provided by ordinance or charter. The mayor may remove members of advisory boards and commissions in accordance Ordinance No. 6312 June 7, 2010 Page 1 of 5 with Chapter 2.30 ACC. He or she shall see that all laws and ordinances are faithfully enforced and that law and order is maintained in the city, and shall have general supervision of the administration of city government and all city nterests. B. The mayor shall also be authorized to .negotiate the terms of and/or award contracts falling within the scope of the mayor's authority pursuant to ACC 3.10.020, as it currently exists or as it may be amended hereafter. Contracts that fall within the scope of the mayor's authority pursuant to ACC 3.10.026 may, but are not required to be, taken to the city council for approval as a part of the city council consent agenda or may, but are not required to be, taken to the city council for information. All official bonds and bonds of contractors with the city shall be submitted to the mayor or such: person as he or she may designate for approval or disapproval. He or she shall see that all contracts and agreements made with the city or for its.use and benefit are faithfully kept and performed, and to this end he or she may, cause any legal proceedings to be instituted and prosecuted in the name of the city, subject to approval by majority voter of the council. The mayor shall also be authorized to negotiate agreements and execute all documents necessary to complete the acquisition of real proll and the relocate of inhabitants required to complete city projects falling within the scope of the mayor's authority pursuant to ACC 3.10.020. C. The mayor shall preside over all meetings of the city council, when present, but shall have a vote only in the case of a tie in the votes of the; licouncil members. He or she shall report to the council concerning the affairs of lithe city and its financial and other. needs, and shall make recommendations for; council considerationarnd action. D. The mayor shall prepare and submit to the council a proposed budget, as required by Chapter 35A.33 RCW. E. The mayor shall have the power to veto ordinances passed by the council and submitted to him or her as provided in RCW 35A.12.130,, but such veto may be overridden by the vote of a majority of all council members plus one more vote. F. The mayor shall be the official and ceremonial head of the it and shall represent the city on ceremonial occasions, except that when illness or other duties prevent the mayor's-attendance at an official function and no deputy mayor has been appointed by the council, a, member of the council or some other suitable person may be designated by the mayor to represent the city on such _ occasion. G. The mayor is also empowered, in extraordinary and compelling circumstances, to reduce or waive some or all of any city fee or charges when the mayor finds in his or her sole discretion that such reduction or waiver is necessary to provide support for the poor or infirm, in amounts of up to $10,000 per incident or occasion; provided, that this authorization shall not apply to fees or charges for which state law prohibits reduction or waiver. H. The mayor is also authorized to exempt the city from paying the charges or fees otherwise applicable to city projects, developments or I Ordinance No. 6312 June 7, 2010 Page 2 of 5 applications where the charge or fee would be paid out of one of the city's governmental funds (including the general fund and those funds supported by the general fund) and the fund that would receive such payment, were it paid, is also one of the city's governmental funds (including the general fund and/or any of the funds supported by the general fund); and the mayor is also authorized to exempt the city from paying the charges or fees otherwise applicable to city projects, developments or applications where the charge or fee would be paid out of one of the city's enterprise funds and the fund that would receive such payment, were it paid, is the same enterprise fund. 1. The mayor is also empowered to develop and bring to the city council for approval pilot programs that promote and encourage the city council's goal of sustainability, as stated in Resolution No. 4368, seeking to balance and support the needs of the community, the environment, the economy, and the needs of future generations, which pilot programs may offset/alleviate current code requirements in exchange for strategies and methodologies that accomplish the intended purposes of the city codes and the goals of sustainability. (Ord. 6192 § 1, 2008; Ord. 6191 § 1, 2008; Ord. 6163 § 1, 2008; Ord. 6051 § 1, 2006; Ord. 5914 § 1, 2005; Ord. 5803 § 1, 2003; Ord. 5583 § 1, 2001; Ord. 2943 § 1, 1976.) . Section 1. Amendment to City Code. That section 12.04.050 of the Auburn City Code be and the same hereby is amended to read as follows: 12.04.050 Authorities for public infrastructure and right-of-way management. A. Develop and Publish City Engineering Standards. The city engineer or his/her designee shall develop, implement and publish engineering design standards manuals after review and approval by the public works committee. The city engineer or his/her designee shall develop, implement and publish engineering construction standards manuals and establish engineering standard construction practices for regulation of all work within the public way by all persons to include, but not limited to, franchise public/private utilities and entities possessing a right-of-way agreement and/or permit to assure the public's safety, welfare and interest is protected. B. Survey Record Controls. The city engineer or his/her designee shall develop office procedures for establishing horizontal and vertical control registration of existing and future development within the urban growth areas of the city. Procedures will utilize both city and private development record drawings and survey efforts to continue to maintain an accurate current database for future reference. The city will provide the most current benchmark geodetic survey data to new developers and for city construction projects at the administrative cost of providing the service, and require in exchange, at no cost to the city, the developer and/or city project sponsors to provide equal quality record drawings in Autocadd drawing file format at completion of the development and/or city project to update records reflecting survey controls of the new development and/or city infrastructure. C. Subdivision Records. The city engineer or his/her designee shall develop office procedures for the safe keeping of record drawings of all recorded plats and short plats. Ordinance No. 6312 June 7, 2010 Page 3 of 5 D. Management of Record Drawings. The city engineer or his/her designee shall develop office procedures for the safe keeping of record drawings of all public transportation, water, sanitary sewer, and storm drainage infrastructure as defined in ACC 13.40.010. E. Management of Right-of-Way and Easements. The city engineer or his/her designee shall develop office procedures for the safe keeping of record drawings of all public right-of-way, public access easements, city utility easements, cross drainage easements, and public facilities developed and dedicated to the city. The acquisition of real property and relocation of inhabitants required for the completion of City projects shall be pursuant to ACC 2.03.030 and ACC 3.10. The city engineer may accept easements granted to the city as part of an approved development project for city utilities, drainage, slope protection, public access, and right-of-way, and may also accept public facility extensions that are not dedicated through plats and short plats. After review by the public works committee, the city engineer may execute a release or partial release of any city utility, drainage, temporary road, or slope protection easements that are not needed or are no longer needed for city purposes. All other city-held easements shall be released only by city council action, and public right-of-way easements shall be subject to the vacation provisions set forth in Chapter 12.48 ACC, and in accordance with Chapter 35.79 RCW. (Ord. 6265 § 2, 2009; Ord. 6258 § 1, 2009; Ord. 6013 § 1, 2006; Ord. 5042 § 1 (Exh. B), 1998.) Section 3. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 4. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 5. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. Ordinance No. 6312 June 7, 2010 Page 4 of 5 INTRODUCED: JUN 21 2010 PASSED: JUN 21 2010 APPROVED: JUN 21 210 CI UR _ G ETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APP VE TO FORM: 7niel B. Heid, City Attor ey Published: U...z ~25~~alU Ordinance No. 6312 June 7, 2010 Page 5 of 5