10/09/1985 Meeting - Laserfiche WebLink

Home Browse Search

.. .' . "..,.. .' - ORDINANCE NO. e, AN ORDINANCE AUTHORIZING THE CITY FINANCE OFFICER TO MODIFY, COMPROMISE, OR CANCEL CLAIMS DUE THE CITY; ADDING SECTION 2.582 TO THE EUGENE CODE, 1971; AND DECLARING AN EMERGENCY. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. There is hereby added to the Eugene Code, 1971, a new sec- tion, to be numbered and provide: 2.582 Finance Department ~ Modification, Compromise or Cancellation of Claims. (1 ) As used in this section "claim" shall mean any sum due the city from another and includes but is not limited to taxes, assessments, fines, fees, charges, rents, penalties, payments, amounts due the city on contracts or arising from damages sustained by the city. It shall also in~ clude any interest due thereon. (2) Except as provided in subsections (3) and (4) of this section, it shall be the duty of the finance officer to collect all claims in full and to take all actions necessary in the discretion of the finance officer to collect the claims. . . (3) When in the discretion of the finance officer it appears in e the best' interest of the city or it appears the cost of requiring timely pay~ ment is not justified, the finance officer may extend the time for payment of a claim or the rate of interest thereon, or both. In consideration for such a modification of the claim, the finance officer may require additional security to insure its payment. (4) The finance officer may compromise, settle, or cancel any claim when it is in the city's financial interest and: (a) Where litigation involving the validity of the claim is pending or seriously threatened and there is a grave legal ques~ tion as to the validity of the claim; (b) When, notwithstanding section 2.580, accepting payment in the form of property of equal or greater value than the claim insures payment of the claim that otherwise may be uncollectible or collectible at great expense to the city; (c) Where good and sufficient cause is shown and the amount of the claim is $10 or less; ( d) When any claim has been delinquent for seven or more years and: 1. All reasonable efforts have been made to effect col~ lection, 2. The person against whom the city has a claim cannot be located or is dead, and 3. The claim is wholly uncollectible. (e) When the finance officer determines that the administra~ tion and collection costs involved would exceed the amount that e can reasonably be expected to be recovered; {o~} (f) When the property against which a city lien exists is donated to the city, provided the city makes no payment for the Ordinance;,,: 1