88-O-11ORDINANCE NO. 88-0-11
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, AMENDING "CHAPTER 2,
ADMINISTRATION" OF THE CODE OF ORDINANCES OF THE CITY
OF EDGEWATER, BY ESTABLISHING A "COUNCIL-MANAGER" FORM
OF GOVERNMENT; BY PROVIDING THE CITY MANAGER'S
APPOINTMENT, REMOVAL, POWERS, DUTIES AND OTHER TERMS
AND CONDITIONS OF EMPLOYMENT; THIS ORDINANCE TO BE AN
EMERGENCY ORDINANCE FOR THE PURPOSE OF FLA. STATUTES,
SECTION 166.041 (3) (b), DISPENSING WITH THE
REQUIREMENT OF TWO SEPARATE READINGS BY AT LEAST A
TWO-THIRDS VOTE OF THE CITY COUNCIL; CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, on February 2, 1988, the electors of the City of
Edgewater by a vote of 1486 in favor and a vote of 408 against,
clearly mandated that a professional City Manager be appointed,
and;
WHEREAS, the City Council on Feruary 29, 1988 decided to
hire an interim City Manager, and;
WHEREAS, the City Council finds that it is necessary for
the proper functioning of the City and for the health, safety and
welfare of the citizens, that an Interim City Manager be
appointed immediately and the position of City Manager be
created.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
EDGEWATER, FLORIDA:
SECTION 1. This Ordinance is hereby declared to be an
emergency ordinance for the purposes of Fla. Statutes, Section
166.041 (3)(b). The requirement of two separate readings has
been dispensed with by a two-thirds vote of the City Council.
SECTION 2. That Chapter 2, Administration, Article I.
of the Code of Ordinances of the City of Edgewater, is hereby
amended as follows:
Creation of Office. The office of city manager is hereby
created.
SECTION 3. Appointment of City Manager. The city manager
shall be appointed by majority vote of the city council for an
indefinite term. The manager shall be chosen by the council
solely on the basis of executive and administrative qualifica-
tions with special reference to actual experience in or knowledge
1
of accepted practice in respect to the duties of the office here-
inafter set forth. At the time of this apointment, the appointee
need not be a resident of the city or state, but within six (6)
months of such appointment, he/she shall establish and maintain
residency within the corporate limits of the City. No council -
member shall receive such appointment during the term for which
the manager shall have been elected nor within one year after the
expiration of the councilmember's term.
SECTION 4. Removal of City Manager. The city council may
remove the city manager at any time by pa jority vote f its
by the manager, � �qr �-F
members. If requestedA a public hearing shall be�gfanted by the
council within 30 days following notice of removal. During the
interim the council may suspend the manager from duty, but shall
continue the manager's salary and, if the removal becomes final,
shall pay said salary for three calendar months following the
final removal date. The benefits described in this section would be L k
eligible to the Manager upon completion of his initial 6-mo. probatiogar od
SECTION 5. Powers and duties of City Manager. The city �g
manager shall be the chief administrative officer of the city, '
may head one or more departments, and shall be responsible to the
city council for the proper administration of all affairs of the
city. To that end, the manager shall have power and shall be
required to:
A. Appoint and, when necessary for the good of the ser-
vices, suspend or remove all officers and employees of the city
except as otherwise provided by the city charter or law, and ex-
cept authorizing the head of a department or office to appoint,
suspend, or remove subordinates in such department or office.
B. Prepare the budget annually and submit it to the council
together with a message describing the important features and be
responsible for its administration after adoption.
C. Prepare and submit to the council as of the end of the
fiscal year a complete report on the finances and administrative
activities of the city for the preceding year.
D. Keep the council advised of the financial condition and
future needs of the city, and make such recommendations as may be
deemed desirable.
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E. Recommend to the governing body a standard schedule of
pay for each appointive office and position in the city service,
including minimum, intermediate and maximum rates.
F. Recommend to the governing body (from time to time),
adoption of such measures as may be deemed necessary or expedient
for the health, safety, or welfare of the community or for the
improvement of administrative services.
G. Consolidate or combine offices, positions, departments,
or units under his/her jurisdiction, with the approval of the�!
acting � [pe, R 01 �' City council. The city manager may be thenhead of one or more'
departments.
H. Attend all meetings of the city council unless excused
therefrom and take part in the discussion of all matters coming
before the council. The manager shall be entitled to notice of
all regular and special meetings of the council.
I. Supervise the purchase of all materials, supplies, and
equipment for which funds are provided in the budget; let con-
tracts necessary for operation or maintenance of city services
for amounts up to and including $2,000.00, receive sealed bids
for purchases or contracts in excess of $3,000.00 and present
them to council for approval, and advise the council on the
advantages or disadvantages of contract and bid proposals. No
purchase shall be made, contract let or obligation incurred for
any item or service which exceeds the current budget
appropriation without a supplemental appropriation by the council.
No contract in excess of $3,000.00 and no contract for new
construction shall be let except by the city council. The
manager may issue such rules governing purchasing procedures
within the administrative organization as the council shall
approve.
J. See that all laws and ordinances are duly enforced.
R. Investigate the affairs of the city or any department or
division thereof. Investigate all complaints in relation to mat-
ters concerning the administration of the government of the city,
and in regard to service maintained by the public utiliities in
the city, and see that all franchises, permits, and privileges
granted by the city are faithfully observed.
3 Ord. 88-0-11
L. Devote his/her entire time to the discharge of all of
s
ficial duties.
pyR
M. The City Manager, or in his absence, the Clerk or Acting Clerkh�
shall -MT Draw and sign vouchers upon depositories, which vouchers
shall be countersigned by the Mayor or Vice -Mayor, or by the
Acting Mayor in the event of their absence or disability, and
keep, or cause to be kept, a true and accurate account of same.
N. Sign all licenses issued by the city, and issue receipts
for all monies paid to the city, and deposit said monies in the
proper depositories on the first banking day after receipt. The
city manager may delegate the responsibilities of this subpara-
graph to an appropriate city employee.
O. Be responsible for the performance and supervision of
all duties of a finance director. The city manager may delegate
the responsibilities of this subparagraph to an appropriate city
employee.
P. Sign contracts on behalf of the city to the extent
authorized by ordinance.
Q. Perform such other duties as may be required by the
council, not inconsistent with the city charter, law, or ordi-
nances.
SECTION 6. Council Not to interfere with Appointments or
Removals.
Neither the council nor any of its members shall direct or
request the appointment of any person to, or removal from, office
by the city manager or any of the manager's subordinates, or in
any manner take part in the appointment or removal of officers
and employees in the administrative services of the city. Except
for the purpose of inquiry, the council and its members shall
deal with the administrative service solely through the city man-
ager and neither the council nor any member thereof shall give
orders to any subordinates of the city manager, either publicly
or privately.
SECTION 7. Emergencies. In case of accident, disaster,
or other circumstance creating a public emergency, the city
manager may award contracts and make purchases for the purpose of
meeting said emergency; but the manager shall file promptly with
4 Ord. 88-0-11
the council a certificate showing such emergency and the
necessity for such action, together with an itemized account of
all expenditures.
SECTION 8. Bond. The city manager shall furnish a surety
bond to be approved by the council, said bond to be conditioned
on the faithful performance of all the manager's duties. The
premium of the bond shall be paid by the city.
SECTION 9. Compensation. The city manager shall receive
such compensation as the council shall fix from time to time by
ordinance or resolution.
SECTION 10. Vacancy. Any vacancy in the office Fit/!/
temporarily a reasonable time �1)A' , 5, , /
manager shall beAfilled within-60' & s after the effective :Hat
of such vacancy, but no longer than 90 days after the effective t� n
of such vacancy. /t H 5 -n
SECTION 11. That all ordinances or parts of ordinances,...
and all resolutions in conflict herewith, be and the same are l/yVyYl�,/✓
hereby repealed.
SECTION 12. 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 13. This Emergency 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
The first reading of said Ordinance, as well as the second
reading of this Ordinance, was held at a regular meeting of
the City Council of the City of Edgewater, Florida, on the 4th
day of April , 1988.
ROLL CALL VOTE ON ORDINANCE NO. 88-0-11
FIRST ROLL CALL:
Counc' anne�
Councilman Zone our
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5 Ord. 88-0-11
SECOND ROLL CALL:
F-,,
Mayo
C cilm Zon nee
ouncilman-Z ne Tw
uncZ Thr
�u Gilman -gone our
This Ordinance read and adopted at a regular
meeting of the City Council of the City of Edgewater, Florida,
and authenticated this 6th day of April 1988.
(Meeting held 4/4/88)
Mayor
Th's Ordinance prepared by:
Ord. 88-0-11