HomeMy WebLinkAbout10-02-2006 ORD 6051ORDINANCE NO. 6 0 5 1
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
SECTION 2.03.030 OF THE AUBURN CITY CODE
RELATING TO POWERS AND DUTIES OF THE
MAYOR
WHEREAS, Article VIII, section 7 of the Washington State Constitution
states that "no county, city, town or other municipal corporation shall hereafter
give any money, or property, or loan its money, or credit to or in aide of any
individual, association, company or corporation, except for the necessary support
of the poor and infirm or become directly or indirectly the owner of any stock or in
bonds of any association company or corporation"; and
WHEREAS, with that limitation, the City is not in a position to grant
waivers of any or part of its fees or charges, except for the necessary support of
the poor and infirm; and
WHEREAS, periodically there are occasions when it would be appropriate
to consider a reduction or waiver of a City fee or charge, except where prohibited
by state law; and
WHEREAS, the proposed change to the City Code, below, seeks to add
the opportunity for the Mayor to exercise discretion where it is deem, in his
discretion, that exceptional circumstances exist for the necessary support of the
poor and infirm that would warrant a reduction or waiver of a city fee or charge.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Ordinance No. 6051
September 27, 2006
Page 1 of 4
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.
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
with Chapter 2.30 ACC. He 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 interests. 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 3.10.020 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 may designate for approval or
disapproval. He 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 may
cause any legal proceedings to be instituted and prosecuted in the name of the
city, subject to approval by majority vote of the council. 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 council members. He shall report to the
council concerning the affairs of the city and its financial and other needs, and
shall make recommendations for council consideration and action. He shall
prepare and submit to the council a proposed budget, as required by Chapter
35A.33 RCW. The mayor shall have the power to veto ordinances passed by the
council and submitted to him 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. The mayor shall be the official and ceremonial head of the city 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 mayor pro
tempore 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. 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 sole discretion that such reduction or waiver is necessary
to provide support for the poor or infirm; PROVIDED that this authorization shall
not apply to fees or charges for which state law prohibits reduction or waiver.
Ordinance No. 6051
September 27, 2006
Page 2 of 4
(Ord. 5914 § 1, 2005; Ord. 5803 § 1, 2003; Ord. 5583 § 1, 2001; Ord. 2943 § 1,
1976.)
Section 2. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 3. 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 4. 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.
DATED and SIGNED this day of
INTRODUCED:
PASSED:
APPROVED:
, 2006.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
Ordinance No. 6051
September 27, 2006
Page 3 of 4
APPROVED AS TO FORM:
Daniel B. Heid,
City Attorney
Published:
Ordinance No. 6051
September 27, 2006
Page 4 of 4