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HomeMy WebLinkAboutORD1529 ORDINANCE NO. 152 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, AIZONA, AMENDING THE APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 3, ADMINISTRATION, ARTICLES 3-2 AND 3- 3, BY AMENDING SECTION 3-2-3 ( ) , POWERS AND DUTIES; SECTION 3- 2-5 (A) , DIVISION WITHIN THE DEPARTMENT; AND SECTION 3-3-2 (A) POWERS AND DUTIES, REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, Apache Junction City Code ("A®J®C®C. ") Volume I, Ordinance No. 7, was first adopted on June 27, 1979; and WHEREAS, On December 19, 1979, Ordinance No® 12 repealed and added Sections 3-1-1 through 3-11-1, Administration; and WHEREAS, since the 1980s, the Arizona legislature became increasingly hostile towards cities and towns and their power to collect and receive sales tax revenues; and WHEREAS, in the 2000s, the attitude of the legislature against cities and towns relating to sales tax collections became especially harsh and led to the revision of the auditing and collection processes with the passage of HB 2466 in 2012; and WHEREAS, this law created an on-line vendor portal to pay the Arizona Department of Revenue collected sales tax instead of providing it directly to cities and towns; and WHEREAS, due to these state-mandated changes, it is now more efficient to place sales tax and auditing staff (currently under the city clerk) under the supervision of the finance director® NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL 1. That the existing Apache Junction City Code, Volume 1, Chapter 3; Administration, Article 3-2: Department of City Clerk, Section 3-2- 3 (H) : be amended to read as follows : (H) Licensing and taxation® The city clerk shall be responsible for coordinating city business licensing programs as permitted under state statutes and local ordinances® 2® That the existing Apache Junction City Code, Volume 1, Chapter 3; Administration, Article 3-2 : Department of City Clerk, Section 3-2- 5 (A) : be amended to read as follows: ORDINANCE NO, 152 PAGE 1 OF 3 (A) There are hereby created within the Department of city clerk the division of business licensing 3. That the existing Apache Junction City Code, Volume 1, Chapter 3; Administration, Article 3-3: Department of Finance, Section 3-3- 2 (A) : be amended to read as follows: (A) Plan, direct and control the operations of the finance office, including department personnel, reporting, coordination of activities and organizational and performance reviews of central accounting systems, including pre-audit, internal audit, posting of expenditure, accounting controls, fiscal and capital budget, payroll, data processing, purchasing, procurement, investment program, insurance program, bond program and sales tax collection and auditing programs as permitted under state statutes. SECTION II REPEALING ANY CONFLICTING PROVISIONS All other ordinances and parts of ordinances in conflict with the provisions of this ordinance or in conflict with any part of the code adopted herein by reference are also hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the code adopted herein by reference is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION IV PROVIDING FOR PENALTIES Any violation of any of the provisions adopted herein shall be punishable as a Class 1 Misdemeanor consistent with Apache Junction City Code, Chapter 1: GENERAL, Article 1-1 : GENERAL, Section 1-1-11, Penalty. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF _0eJ0b2&_, 2022 . SIGNED AND ATTESTED TO THIS DAY OF 2022. WALTER 'CHIP" WILSON Mayor ATTEST: 4N'bIFER PPA ORDINANCE NO. 1529 PAGE 2 OF 3 City Clerk APPROVED S TO FOR RICHARD J. STERN City Attorney ORDINANCE N®. 152 PAGE 3 OF 3