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HomeMy WebLinkAboutAdmin Order 53-96-09 ADMINISTRATIVE ORDER NO. $3-9&;-09 of the City Manager Pro Tern City of Eugene, Oregon Delegating Authority to Administer Provisions of Chapters 3, 6, 7, 8, and 9 of the Eugene Code, 1971, and Rescinding Prior Administrative Orders. The City Manager Pro Tern of the City of Eugene finds that: A. Under the provisions of Chapter IV, Section 16 of the Eugene Charter of 1976, the City Manager is designated as the administrative head of the City, and is specifically authorized to appoint and remove all employees (except as otherwise provided in the Charter), and to enforce all ordinances of the City. B. In conformity therewith, many provisions in the Eugene Code, 1971, authorize or require certain specific duties or acts to be performed by the City Manager. Many of those duties are administrative, and it would be more efficient to delegate their performance to others. C. Chapters 3, 8, and 9 of the Eugene Code, 1971, are administered by the City's Planning & Development Department, and authority should therefore be delegated to the Director of that Department to carry out the City Manager's duties and responsibilities thereunder, except those duties or responsibilities specifically reserved to the City Manager or otherwise delegated herein. Pursuant to Administrative Order No. 53-89-01 issued by the City Manager on January 31, 1989, the City Manager's authority to execute on behalf of the City all agreements required in connection with annexations, including notices of such agreements, modifications of agreements or other documents required by the agreements to be subsequently executed, and to receive requests for extraterritorial water service extensions, sewer service extensions, or provision of water or sewer service to special service districts and to submit the City's favorable recommendations thereon to the Lane County Local Government Boundary Commissions upon finding compliance with Section 2.212 of the Eugene Code, 1971, was delegated to the City's Planning & Development Department Director, which delegation of authority remains in effect and should be affirmed herein. D. Chapter 7 of the Eugene Code, 1971 is administered by the City's Public Works Department, and authority should therefore be delegated to the Director of that Department to carry out the City Manager's duties and responsibilities thereunder, except those duties or responsibilities reserved to the City Manager or otherwise delegated herein. E. Provisions of Chapter 6 of the Eugene Code, 1971 are administered by both the Public Works Department and Planning & Development Department, and, therefore, authority Administrative Order - 1 06/17/96 should be delegated jointly to the Directors of those Departments to carry out the City Manager's duties and responsibilities thereunder with respect to the programs and/or activities for which their respective departments are responsible, except such duties or responsibilities reserved to the City Manager or otherwise specifically delegated by the City Manager. F. The Directors of the Planning & Development Department and Public Works Department should also be specifically authorized to delegate all or any of the duties or responsibilities delegated herein upon a determination it would be more efficient and in the public interest to do so. G. The City Manager's duties and responsibilities in the Eugene Code, 1971 delegated herein shall not include: 1. The adoption, amendment, or repeal of any rules authorized therein; 2. therein; or The adoption, amendment, or repeal of any fees or fee schedules authorized 3. Decision-making authority with respect to appeals or determinations to implement legal proceedings on behalf of the City. NOW, THEREFORE, THE CITY MANAGER PRO TEM OF THE CITY OF EUGENE ORDERS AND DIRECTS THAT: Based on the above findings, which are hereby adopted, the authority to perform the duties and responsibilities of the City Manager set forth in Chapters 3, 6, 7, 8 and 9 of the Eugene Code, 1971, is hereby delegated as follows: 1. Except as reserved to the City Manager in finding G above, the Director of the Planning & Development Department of the City of Eugene is hereby authorized to: 1.1 Perform and carry out the duties and responsibilities of the City Manager set forth in Chapters 3, 8, and 9 of the Eugene Code, 1971; 1.2 Continue to execute on behalf of the City all agreements required in connection with annexations, including notices of such agreements, modifications of agreements or other documents required by the agreements to be subsequently executed, and to receive requests for extraterritorial water service extensions, sewer service extensions, or provision of water or sewer service to special service districts and to submit the City's favorable recommendations thereon to the Lane County Local Government Boundary Commissions upon finding compliance with Section 2.212 of the Eugene Code, Administrative Order - 2 06/17/96 1971, as authorized by Administrative Order No. 53-89-01 issued on January 31, 1989, which is hereby affirmed; and 1.3 In turn delegate any of the duties or responsibilities delegated herein to such person or persons qualified to perform the delegated duties upon finding it would be more efficient and in the public interest to do so. 2. Except as reserved to the City Manager in finding G above, the Director of the Public Works Department of the City of Eugene is hereby authorized to: 2.1 Perform and carry out the duties and responsibilities of the City Manager set forth in Chapter 7 of the Eugene Code, 1971; 2.2. In turn delegate any of the duties or responsibilities delegated herein to such person or persons qualified to perform the delegated duties upon finding it would be more efficient and in the public interest to do so. 3. Except as reserved to the City Manager in finding G above, the authority to perform and carry out the duties or responsibilities of the City Manager under Chapter 6 of the Eugene Code, 1971, is jointly delegated to the Director of the Public Works Department and Director of the Planning & Development Department of the City of Eugene, who shall coordinate the division of responsibility. Each Director may in turn delegate any of the duties or responsibilities delegated herein to such person or persons qualified to perform the delegated duties upon finding it would be more efficient and in the public interest to do so. 4. Administrative Order Nos. 53-90-14, 58-90-06, 57-91-01, 58-91-02, 58-91-04, 58- 91-05, 53-92-10, 58-92-10, and 58-93-19, are rescinded as of the effective date of this order. Nothing contained herein shall affect the validity of any actions taken pursuant to such orders, or of any administrative order(s) delegating authority to the Executive Directors referred to herein to administer provisions of other chapters of the Eugene Code, 1971, or to perform other specific duties, which shall remain in effect until repealed or replaced by another administrative order. 5. The delegations of authority to the Executive Directors contained herein shall be construed to extend to and include any person(s) "acting in capacity" (AIC) for the Director(s). Dated and effective this ~~ay of ~~ ' 1996. cdLJ.~ j\j~ Linda Norris, City Manager Pro Tern V~ Administrative Order - 3 06/17/96