88-O-10ORDINANCE NO. 88-0-10
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 fhnctioning 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
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 tate�but within six (6)
Or Sinia
months of such appointment, he/she shall establish and maintain
residency within the corporate limits of the City9 NO eouncil-
member shall receive sllch� 'ch
t
. r Y�Yter-the Q
expirgi err -eft'^ ounc i-i^ t, �a r�•m, nti�u
SECTION 4. Removal of City Manager. The city council mayryr
remove the city manager at any time by a majority vote of itsv
members. If requested, a public hearing shall be granted by the
council within 30 days following notice of removal. Be*i*g-tor
�w,. im an ci-fmay saa{read-the man-gp f du y h r r, t1
the
final remnval•date.
SECTION 5. Powers and duties of City Manager. The city
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.
2 Ord. 88-0-10
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F. Recommend to the governing body (from time to time),
adoption of such measures as may be deemed necessary or expedient[UJ
for the health, safety, or welfare of the community or for the
improvement of administrative services.
r units under r
'*y ncil The city manager ma {���
depa*tmertts.
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
V
for amounts up to and including $ZoQ00, receive sealed bids
for purchases or contracts in excess of $ 000 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.
cess of S and no
e
r pt hy-- '*
l5
(L3�
J. See that all laws and ordinances are duly enforced.
K. 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. 88-0-10
L. Devote his/her entire time to the discharge of all of-
ficial duties.
M. Draw and sign vouchers upon depositories, which vouchers
C''ficle.l, V_
shall be countersigned by then 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.
0. 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.
SWrTTQN 6 Not • - ___th zSr8- -®
Removals.
Nuithur-thp acunaji nor anrof it, memberg gha]3 dirent, or
n. and - _
se At
mppting said emergency-
1
• . .. 1 1
rh y.± 7 'f' ate ahowina such emeraencv and the
-a14-expend tetes.
SECTION S. 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.
SECTION100.. rVacancy. 3y vacancy a office -,,7.00f�rc city
manager shall be 'filled within 0-60 days after the effectiv' e date
of such vacancy.
SECTION 11. That all ordinances or parts of ordinances
and all resolutions in conflict herewith, be and the same are
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 Special meeting of
the City Council of the City of Edgewater, Florida, on the 9th
day of March , 1988.
ROLL CALL VOTE ON ORDINANCE NO. 88-0-10
FIRST ROLL CALL:
Cou ilman ne 'Thr e
1
Councilman -Zone Four
�s
5 Ord. 88-0-10
SECOND ROLL CALL:
'-�
Mayor �—
Councilmart4zMe
Councilman-Zone-Two
Counc n-Zo Thr
Councilman -Zone Pour
This Ordinance read and adopted at a meeting of the City Council of the C y of gewater, Florida,o
and authenticated this �_ day of 1988.
May r
This
Or
c repa
by:
Ci
A
rney
Ord. 88-0-10