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HomeMy WebLinkAbout6536 ORDINANCE NO. 6 5 3 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 2.03.030 OF THE AUBURN CITY CODE RELATING TO THE SURPLUSING OF PERSONAL PROPERTY OF THE CITY WHEREAS, the current provisions of the Auburn City Code do not address administrative responsibilities for surplusing property that is no longer needed by the City or has reached the end of its useful life for City purposes; and WHEREAS, it would be appropriate in handling the administrative duties relating to surplusing property to distinguish the treatment for personal property, as opposed to real property, by allowing the Mayor to determine, declare and handling surplusing responsibilities of personal property that is no longer needed by the City or has reached the end of its useful life for the City. 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 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. 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 3.10.020 may, but are not required to be, taken to the city council for approval as a part of the city -------------------------------- Ordinance No. 6536 October 2, 2014 Page 1 of 4 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 also be authorized to negotiate agreements and execute all documents necessary to complete the acquisition of real property and the relocation 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 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. 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 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 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 $10,000.00 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 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. ------------------------------- Ordinance No. 6536 October 2, 2014 Page 2 of 4 I. 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. J. The Mayor is also empowered to identify, declare and dispose of personal property (not real property) when no longer needed by the city or when otherwise appropriate for replacement, which surplus action shall be in conformity with city policy. (Ord. 6312 § 1, 2010; 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 § 11 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. INTRODUCED: NOV - 3 2014 PASSED: NOV - 3 2014 APPROVED: NOV -3 2014 CITY OF AUBURN ATTEST: I 4 e J I N 7 4ACKUS, MAYOR Danielle E. Daskam, City Clerk ------------------------------- Ordinance No. 6536 October 2, 2014 Page 3 of 4 APPROV D AS FORM: iel B. d City Attor y -------------------------------- Ordinance No. 6536 October 2, 2014 Page 4 of 4