HomeMy WebLinkAboutITEM VIII-A-2
AGENDA BILL APPROVAL FORM
Agenda Subject: Ordinance 6051 Date: October 10, 2006
Department: I Attachments: Ordinance 6051 Budget Impact:
Legal
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6051.
Background Summary:
This ordinance amends section 2.03.030 of the Auburn City Code relating to the powers and authorities of
the Mayor. The specific change included in this ordinance is to authorize the Mayor, in times or in the
occasion of extraordinary and compelling circumstances, to reduce or waive some fee or charge of the
City when appropriate, in the Mayor's discretion and in amounts up to $10,000 when appropriate to
support the poor or infirm. This authorization would not apply where state law precludes waiver or
reduction of fees.
The Washington State Constitution, Article VIII, Section 7, includes a restriction for cities and counties or
other municipalities to give any money or property, or to loan their credit to any individual association,
company or corporation "except for the necessary support of the poor and infirm." State law has defined
this to mean "poor or infirm". There are occasions when the Mayor may be confronted with a situation
which warrants some type of reduction or waiver of a fee where the waiver would be to the benefit of
(support of) poor or infirm citizens. This amendment to the City Code would authorize the Mayor to
exercise his discretion and to grant such a waiver or reduction of fees up to $10,000 per incident.
Waivers in excess of that amount would need to go to the City Council for council authorization. There
are, however, instances, when quicker action may be called for than would be available if city council
action were necessary. Accordingly, this authorization would empower the Mayor to act more quickly, up
to the dollar limits set forth in the amendment to the City Code, and thereby allow the City to address the
substantial and compelling need that warrants exercise of the mayor's authority.
This ordinance also includes gender neutral changes to the language of the City Code per earlier
discussions.
A4.5.1
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
D Arts Commission COUNCIL COMMITTEES: o Building o M&O
D Airport o Finance o Cemetery o Mayor
o Hearing Examiner o Municipal Servo o Finance o Parks
o Human Services o Planning & CD o Fire o Planning
o Park Board OPublic Works o Legal o Police
o Planning Comm. o Other o Public Works D Human Resources
Action:
Committee Approval: DYes DNa
Council Approval: DYes ONo Call for Public Hearing ---1---1_
Referred to Until -'-'-
Tabled Until -'-'-
Councilmember: Backus I Staff: Heid
Meeting Date: October 16, 2006 I Item Number: VIlI.A.2
AUBURN * MORE THAN YOU IMAGINED
ORDINANCE 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 the
Mayor's 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, in amounts of up to $10,000 per incident or occasion.
Ordinance No. 6051
October 9, 2006
Page 1 of 4
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.
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 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 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 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 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 or she 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 or she 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 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. 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 councilor some other suitable person may be
designated by the mayor to represent the city on such occasion. The mayor is
Ordinance No. 6051
October 9,2006
Page 2 of 4
also empowered, in extraordinary and compellinq circumstances, to reduce or
waive some or all of any City fee or charqes 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. (Ord. 5914 9 1, 2005; Ord. 5803 9 1,
2003; Ord. 55839 1, 2001; Ord. 29439 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 , 2006.
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
PETER B. LEWIS
MAYOR
Ordinance No. 6051
October 9, 2006
Page 3 of 4
ATTEST:
Danielle E. Daskam,
City Clerk
Published:
Ordinance No. 6051
October 9, 2006
Page 4 of 4