2.28.045 City Manager – 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 Manager 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 Manager 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 ( 93.808):
City of Ashland, Grantee
By: _______________________________________
City Manager
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 Manager 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 Manager 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 be modified in accordance with the initial agreement, or the annual costs to the City will not be more than twenty-five percent (25%) greater than those in the initial agreement, and all other terms will remain the same; 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 Manager including, but not limited to, airport hangar leases, provided the written agreement entering into the lease of real property is approved by the City Attorney and the Department Head that is affected by the agreement. 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 Manager under the following circumstances:
1. The waiver of penalties and interest concerns either a tax owed under AMC Chapter 4.24 (Transient Occupancy Tax) or under AMC Chapter 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 (3) 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 each of the prior twenty-four (24) consecutive months or eight (8) consecutive quarters; and
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 Manager shall biannually report to the City Council on the matters executed pursuant to this chapter. (Ord. 3192 § 11, amended, 11/17/2020; Ord. 3136, amended, 2017; Ord. 2982, amended, 05/05/2009; Ord. 2961, added, 07/01/2008)