HomeMy WebLinkAbout2983 Delegating Authority to the City Administrator
ORDINANCE NO. d. q 8 ~
AN ORDINANCE AMENDING AMC 2.28.045, RELATING TO DELEGATIONS
OF AUTHORITY TO THE CITY ADMINISTRATOR, PROVIDING FOR
AUTHORITY TO ENTER INTO MONTH TO MONTH LEASES OF REAL
PROPERTY, AUTHORITY TO ADMINISTRATIVELY WAIVE FOOD AND
BEVERAGE AND TRANSIENT OCCUPANCY TAX PENALTIES, AMENDING
AMC 4.24.070 AND AMENDING AMC 4,34.060.
Annotated to show dolotions and additions to the code sections being modified.
Deletions are bold J: .. <L .L and additions are bold underlined.
WHEREAS, ORS 271.360 requires leases of real property owned by municipalities
to be authorized by ordinance or orderof the governing body, and
WHEREAS, the City would like to delegate its authority to enter into month to month
leases to the City Administrator because tenants of month to month leases change
regularly, and
WHEREAS, on January 6, 2009, the City Council directed that a limited delegation
of authority be given to the City Administrator to waive penalties and interest for late
payments received less than three business days after the due date, under
specified conditions.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The recitals set forth above are true and correct and are
incorporated herein by this reference.
SECTION 2. Amendment. Section 2.28.045 [City Administrator - Delegate Duties]
is hereby amended to read as follows:
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 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 Administrator Delegated Duties Ordinance
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CITY OF ASHLAND. Grantee
By:
City Administrator
City of Ashland, Oregon
STATE OF OREGON)
) ss.
,20
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
body. . and
2) the terms of the intergovernmental agreement will remain the same, or be
modified in accordance 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 Propertv Leases. The City Council hereby deleaates
its authority to enter into month to month leases of real property to the
City Administrator. includina but not limited to airport hanaar leases.
provided the written order enterina 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 deleqates its authority to waive penalties and interest
for certain late tax payments to the City Administrator under only the
followina circumstances:
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'.
1) the waiver of penalties and interest concerns either a tax owed under
AMC 4,24 fTransient Occupancy taxI or under AMC 4,34 [Food and
BeveraQe taxI, 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 10nQer, and
3) the operator has reported and paid all monieslincludinQ food and
beveraQe and transient occupancy tax) due to the City on or before the
due date for each reportinQ period for the each of the prior twenty-four
(24) consecutive months or eiQht (8) consecutive Quarters, and
4) the operator has not been the subiect of a Food and BeveraQe tax or
Transient Occupancy tax audit where the City found the operator's
record keepinQ, reportinQ or remittinQ deficient. durinQ the prior twenty-
four (24) consecutive months or eiQht (8) consecutive Quarters, and
51 the written order QrantinQ the waiver is approved by the City Attorney
and the department head that is affected by the order.
Co!;. The City Administrator shall biannually report to the City Council on the
matters executed pursuant to this Chapter.
SECTION 3, Amendment. Section 4.24.070 [Penalties and Interest] is hereby
amended to read as follows:
4.24.070 Penalties and Interest
A. Original Delinquency. Any operator who fails to remit any portion of any
tax imposed by this chapter within the time required, shall pay a penalty of
ten percent (10%) of the amount of the tax, in addition to the amount of the
tax.
B. Continued Delinquency. Any operator who fails to remit any delinquent
remittance on or before a period of thirty (30) days following the. date on
which the remittance first became delinquent, shall pay a second
delinquency penalty of ten (10%) percent of the amount of the tax in addition
to the amount of the tax and the ten (10%) percent penalty first imposed.
C. Fraud. If the Tax Administrator determines that the nonpayment of any
remittance due under this chapter is due to fraud, a penalty of twenty-five
(25%) percent of the amount of the tax shall be added thereto in addition to
the penalties stated in subparagraphs (A) and (8) of this section.
D. Interest. In addition to the penalties imposed, any operator who fails to
remit any tax imposed by this chapter shall pay interest at the rate of one
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percent (1 %) per month or fraction thereof on the amount of the tax,
exclusive of penalties, from the date on which the remittance first became
delinquent until paid.
E. Penalties Merged with Tax. Every penalty imposed and such interest as
accrues under the provisions of this section shall become a part of the tax
herein required to be paid.
F. Waiver of Penalties. Penalties and interest for certain late tax
pavments may be waived pursuant to AMC 2.28.045.0
SECTION 4. Amendment. Section 4.34.060 [Penalties and Interest] is hereby
amended to read as follows:
4,34.060 Penalties and interest
A Any operator who fails to remit any portion of any tax imposed by this
chapter Within the time required, shall pay a penalty of ten percent of the
amount of the tax, in addition to the amount of the tax.
B. Any operator who fails to remit any delinquent remittance on or before a
period of 60 days following the date on which the remittance first became
delinquent, shall pay a second delinquency penalty of ten percent of the
amount of the tax in addition to the amount of the tax and the penalty first
imposed.
C. If the director determines that the nonpayment of any remittance due
under this chapter is due to fraud, a penalty of 25% percent of the amount of
the tax shall be added thereto in addition to the penalties stated in.
subparagraphs A and B of this section.
D. In addition to the penalties imposed, any operator who fails to remit any
tax imposed by this chapter shall pay interest at the rate of one percent per
month or fraction thereof on the amount of the tax, exclusive of penalties,
from the date on which the remittance first became delinquent until paid.
E. Every penalty imposed arid such interest as accrues under the
provisions of this section shall become a part of the tax required to be paid.
(Revised June 1993)
F. Notwithstanding subsection 4.34.020.C, all sums collected pursuant to
the penalty provisions in paragraphs A, Band C of this section shall be
distributed to the City of Ashland Central Service Fund to offset the costs of
auditing and enforcement of this tax.
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G. Waiver of Penalties. Penalties and interest for certain late tax
payments may be waived pursuant to AMC 2.28,045 D
SECTION 5, 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 6. Savings. Notwithstanding thisamendmentJrepeal, 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 ordinance(s) 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 7. Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word "ordinance" may be changed to "code", "article':, "section",
"chapter" or another word, and the sections of this Ordinance may be renumbered,
or re-Iettered, provided however that any Whereas clauses and boilerplate
provisions (i.e. Sections 1, 5-7) need not be codified and the City Recorder is
authodzed to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in acc
Section 2(C) of the City Charter on the -1/ day of
and duly PASSED and ADOPTED this S day of
~/I{'~
Barbara M. Christensen, City Recorder
rdance with Article X,
,2009,
,2009,
SIGNED and APPROVED this ~ day of ~, 2009.
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