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HomeMy WebLinkAbout3136 AMND 2.50.070 & 2.28.045 - IGAs ORDINANCE NO. 3 t AN ORDINANCE AMENDING AMC 2.50.070 AND AMC 2.28.045 PUBLIC CONTRACTING DELEGATED OFFICER AUTHORITY FOR INTERGOVERNMENTAL AGREEMENTS Annotated to show de et o and additions to the code sections being modified. Deletions are bold lined through and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City. The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, under the current Ashland Municipal Code, any proposed new agreement that binds the City must be specifically approved by City Council if it is an intergovernmental agreement, no matter how minor. WHEREAS, under the current Code, renewal of any existing intergovernmental agreement must be approved by City Council if it contains any proposed changes, no matter how small. WHEREAS, under the current Code, the City Administrator is authorized to approve renewal of an existing intergovernmental agreement only if it contains no changes. WHEREAS, under the current Code, the City Administrator is authorized to approve contracts for materials, supplies, equipment, services and public improvements in an amount up to $100,000 and for personal services in an amount up to $75,000 and nevertheless has no delegated authority to approve new intergovernmental agreements and or intergovernmental agreement renewals. WHEREAS, substantial time and effort is spent by City staff in preparing for City Council consideration of new intergovernmental agreements and intergovernmental renewals, even in the typical cases where the potential benefits are substantial and the likely financial and other consequences to the City are minimal. WHEREAS, intergovernmental agreements and intergovernmental agreement renewals are typically approved by City Council by en bloc voting on the consent agenda, except in rare cases where financial or other consequences to the City could be substantial. Ordinance No. Page 1 of 4 WHEREAS, City Council wishes to delegate authority to the City Administrator to approve intergovernmental agreements and intergovernmental agreement renewals that are routine or that do not require substantial investments, obligations, or risks to be undertaken by the City. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Ashland Municipal Code 2.50.070 Public Contracting Officer Authority and Ashland Municipal Code 2.28.045 City Administrator - Delegated Duties are amended to read as follows: 2.50.070 Public Contracting Officer Authority A. Except as otherwise provided by this code, the Public Contracting Officer shall have authority to: 1. Purchase and contract for all materials, supplies, equipment, services and public improvements for which funds have been appropriated by the City Council and the contract price does not exceed $100,000; 2. Contract for all personal services as long as the contract price does not exceed $75,000; 3. Sell or dispose of all personal property of the city in accordance with AMC 2.54; and 4. Enter into any intergovernmental agreement as lonlz as the annual cost to the City does not exceed $25,000 and the at4reement does not create a new inter,2overnmental entity. Contracts approved under this section require no further approvals by the Local Contract Review Board. B. Except when this Chapter, or the Oregon Public Contracting Code and Model Rules, specifically requires the Local Contract Review Board to take action or exercise its discretion and delegation is not allowed, any act required or permitted to be performed by an "agency," "head of a contracting agency," "local contract review board" or the "director" under the Model Rules or Oregon Public Contracting Code shall be performed by the Public Contracting Officer. C. The Public Contracting Officer may develop such forms that are convenient to the administration of the City' s contracts and may promulgate procedures reasonably necessary to accomplish the purposes of this Chapter, the Model Rules, and the Oregon Public Contracting Code. The City Attorney may promulgate standard forms for use by the Public Contracting Officer. Section 2.28.045 City Administrator - Delegated Duties A. Acceptance of real property, or interest therein. Except when a public hearing before the governing body is required by state or local law, the City Council hereby authorizes and delegates to the City Administrator the authority to indicate, for purposes of recording in Official Deed records, the City of Ashland's acceptance of real property title or an interest in real property pursuant to ORS 93.808. The City Administrator may execute an instrument Ordinance No. Page 2 of 4 conveying fee title to the City or conveying any interest in real property to the City, after approval of the form by the City Attorney and approval of the description of the property by the City Surveyor. City acceptance shall be in substantially the following form: CITY ACCEPTANCE (ORS 93.808): CITY OF ASHLAND. Grantee By: City Administrator City of Ashland, Oregon STATE OF OREGON) ) ss. Jackson County ) The foregoing instrument was acknowledged before me this day of 20 , by as City Administrator of the City of Ashland. Notary Public for Oregon My commission expires: B. Renewal of intergovernmental agreements. The City Council hereby delegates its authority to renew intergovernmental agreements to the City Administrator when: 1) state or local law does not require a public hearing before the governing bodyL-mtd 2) the terms of the intergovernmental agreement will be modified in accordance with the initial al4reement, or the annual costs to the City will not be more than twenty-five percent (25%),areater than those in the initial agreement, and other terms will remain the samei o-- be modified in aeeordanee with the agreement and 3) the renewal is approved by the City Attorney and the department head that is affected by the renewal. C. Execute Real Property Leases. The City Council hereby delegates its authority to enter into month to month leases of real property to the City Administrator, including but not limited to airport hangar leases, provided the written order entering into the lease of real property is approved by the City Attorney and the department head that is affected by the order. The City Council retains its authority to enter into all other real property leases of any duration. D. Waiver of Penalties and Interest for Late Tax Payments. The City Council hereby delegates its authority to waive penalties and interest for certain late tax payments to the City Administrator under only the following circumstances: 1) the waiver of penalties and interest concerns either a tax owed under AMC 4.24 [Transient Occupancy tax] or under AMC 4.34 [Food and Beverage tax], and 2) the operator submits a report that is complete and paid in full no more than seventy-two (72) hours or three work days delinquent, whichever is longer, and 3) the operator has reported and paid all monies(including food and beverage and transient occupancy tax) due to the City on or before the due date for each reporting period for the each of the prior twenty-four (24) consecutive months or eight (8) consecutive quarters, and Ordinance No. Page 3 of 4 4) the operator has not been the subject of a Food and Beverage tax or Transient Occupancy tax audit where the City found the operator' s record keeping, reporting or remitting deficient, during the prior twenty-four (24) consecutive months or eight (8) consecutive quarters, and 5) the written order granting the waiver is approved by the City Attorney and the department head that is affected by the order. E. The City Administrator shall biannually report to the City Council on the matters executed pursuant to this Chapter. SECTION 2. Savings. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinances or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code, and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered or re-lettered, provided however, that any Whereas clauses and boilerplate provisions (i. e., Sections 2-4] need not be codified, and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the -,I0 day of JO c e-w%bAe , 2014? and duly PASSED and ADOPTED this i l day of -Sa,^w%-!N 52017. Barbara M. Christensen, City Recorder SIGNED and APPROVED this i day of ~ko..ry , 2017. Stro erg, Mayor Reviewed as to form: f. s vid H. Lo an, City Attorney Ordinance No. Page 4 of 4