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88-O-24ORDINANCE NO. 88-0-24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGE - WATER, FLORIDA, PURSUANT TO VOTER REFERENDUM ESTABLISHING RESIDENCY REQUIREMENTS FOR THE CITY MANAGER AND ALL DEPARTMENT HEADS; PROVIDING FOR WAIVER, APPEALS AND PENALTIES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE WHEREAS, at a special referendum held in the City of Edge- water, the voters overwhelmingly answered the following question in the affirmative: Should the City Manager and Department Heads reside in the City limits of the City of Edgewater? WHEREAS, the City Council of the City of Edgewater, has directed the City Attorney to prepare an Ordinance on the subject. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1. Statement of Purpose The City of Edgewater declares that the intent and purpose of this Residency Requirement is to seek to accomplish the follow- ing goals: a. To comply with the mandate of the electors who overwhelm- ingly approved a Charter amendment requiring the City Manager and Department Heads to reside within the corporate city limits of the City of Edgewater. b. To guarantee the availability and promote timely re- sponse of all Department Heads to handle emergency situations. C. To enhance the quality of relations between the city resi- dents and the city Department Heads. d. To increase economies in the operation of city govern- ment and promote increased interest in job performance by virtue of the personal stake of Department Heads in the future of the city. e. To provide general economic benefits locally from local expenditures of salaries and payment of local taxes. f. To diminish absenteeism and tardiness. g. To increase and strengthen the understanding by Department Heads of community feelings and issues as pertains decisions made by Department Heads which affect the local residents health and welfare. SECTION 2. Residency Requirements The City Council finds that legitimate governmental inter- ests exists, compelling the continuous residency within the corp- orate city limits of the City Manager and all Department Heads of the City of Edgewater. Therefore: a. All Department Heads hired after the effective date of this Ordinance shall within six (6) months from the completion of their probationary period become residents within the corporate limits of the City of Edgewater as their principal place of abode. b. The City Council may grant a one time six (6) month extension to the requirements of this Ordinance. However, in no event compliance with the requirements of this Ordinance shall extend beyond eighteen (18) months from the date of employment. SECTION 3. Exemptions The City Council may waive the above requirement if it finds said waiver to be in the best interests of the health, safety and welfare of the City of Edgewater. Said waiver shall include but not be limited to the following: a. The nature of the work. b. The location of the work. C. Individual hardship. d. Any other pertinent facts concerning the individual's employment. SECTION 4. Appeals a. The City Council may hear any appeals or request for a waiver after written notice by the aggrieved Department Head. A hearing shall be conducted within thirty (30) days of the receipt of the written notice and the Department Head shall be given the opportunity to be heard and present all pertinent facts and wit- nesses on his/her behalf. b. For the purposes of this Ordinance, residence and abode shall mean principal place of residence and domicile within the corporate limits of the City of Edgewater. A part-time or casual residence within the City in addition to a permanent home outside 2 Ord. No. 88-0-24 the City does not satisfy the requirements of this Ordinance. SECTION 5. Penalties a. Any individual who is subject to the terms and provi- sions of this Ordinance but who fails to comply with such provi- sions shall be given written notice of violation by the City Clerk with the right, within five (5) business days of such notice to request a hearing before the City Council as per Section 4 of this Ordinance. b. If no such hearing is requested, or if the City Council, after hearing, finds that a violation of this Ordinance exists, the affected individual shall come into compliance within sixty (60) days from finding of violation by the City Council. C. Failure to correct such violation shall result in immediate dismissal from employment by the City of the individual affected. d. Any individual willfully making false statements or re- presentations in an effort to circumvent the provisions of this Ordinance is subject to immediate dismissal from employment by the City. SECTION 6. Non Retroactive Application Notwithstanding all of the above, the requirements of this Ordinance shall not be applicable to Department Heads who at the time of adoption are presently residing outside the corporate limits of the City of Edgewater. SECTION 7. That all ordinances or parts of ordinances and all resolutions in conflict herewith, be and the same are hereby repealed. SECTION 8. If any section, part of a section, paragraph, clause, phrase or word of this ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. SECTION 9. This Ordinance shall take effect immediately upon its adoption by the City Council of the City of Edgewater, Florida, and approval as provided by law. This Ordinance was introduced by Councilman Mitchum This Ordinance was read on first reading and passed by a vote of the City Council of the City of Edgewater, Florida, and 3 Ord. No. 88-0-24 approval as provided by law, at a regular meeting of said Council held on the 19th day of September , 1988. The second reading of this Ordinance to be at a regular meeting of the City Council of the City of Edgewater, Florida, to be held on the 3rd day of October , 1988. ROLL CALL VOTE ON ORDINANCE No. 88-0-24 SECOND READING: �. May o: F.nnfT, Counc: an-Z a Th C nci man -Zone Four Counc' n-Zone rR Councilman -Zone Four lS inance read and adopted on second reading at a meeting of the City Council of the City of Edge - and authenticated this 3 day of _ 1988. Mayor This rdinance prepared by: City Attorney 4 Ord. No. 88-0-24