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98-O-09 w ....., ORDINANCE NO. 98-0-09 AN ORDINANCE OF THE CITY COUNCIL OF EDGEW ATER, FLORIDA, AMENDING ARTICLE I (IN GENERAL) OF CHAPTER 2 (ADMINISTRATION) OF THE CODE OF ORDINANCES, CITY OF EDGEW ATER, FLORIDA; AMENDING SECTION 2-5 (CITY MANAGER AUTHORIZED TO SIGN CERTAIN CONTRACTS, AGREEMENTS AND LEASES); PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR CODIFICATION, AN EFFECTIVE DATE AND FOR ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Section 4.02(11) of the City Charter authorizes the City Manager to sign contracts, agreements, and leases to the extent authorized by ordinance. 2. On July 1, 1996, in an effort to increase the efficiency of city operations, City Council adopted Ordinance No. 96-0-04 to establish guidelines for execution of contracts, agreements, and leases by the City Manager. 3. By this Ordinance, Council will amend the guidelines showing the intent and procedure for the City Manager to execute the documents. 4. Council will adopt criteria for execution of documents by resolution. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida: PART A. AMENDMENT OF ARTICLE I (IN GENERAL) OF CHAPTER 2 (ADMINISTRATION) OF THE CODE OF ORDINANCES, CITY OF EDGEW ATER, FLORIDA. Article I is amended to read as follows: Struck thmugh passages are deleted. Underlined passages are added. 98-0-09 I 'w ....." Sec. 2-5. City manager authorized to sign certain contracts. agreements and leases. (a) Intent. The intent of this section is to increase the efficiency of city operations in regards to the procurement of items and services which are routine in nature and within the budget approved by the city council. This section shall not be interpreted to delegate any of the policymaking authority of the city council, but is intended to facilitate the day to day business operations ofthe city. (b) Criteria. Pursuant to Section 4.02(11) of the city charter, the city manager is authorized to sign documents, contracts, agreements, and leases which meet the criteria defined herein and which shall be binding on the City Council and all agencies. boards. committees. departments. and employees responsible to the City Council. vihich meet the follm,\'ing criteria: (1) The annual cost of the item or service is five fifteen thousand dollars ($5000.00) ($15.000) or less. t37 ill Any required expenditure has been included within the approved budget of the department requesting authorization for the item or service. (4) The contract, agreement or leage hag bcen approvcd ag to legal form tmd correctness by the city attorney. ill Those documents or actions which the City's purchasing ordinance. policies and procedures authorize the city manager to do or sign. Struck thft.H1gh passages are deleted. Underlined passages are added. 98-0-09 2 ~ ..""" ill Any other documents. contracts. agreements. leases and actions which the city manager is authorized to do or sign from time to time by the city council. the City's charter. ordinances and resolutions. (c) Procedure. The requested document. contract, agreement or lease shall be submitted to the city attorney for review. Upon approval by the city attorney for legal form and correctness, the city attorney shall submit the document to the city manager for review. Upon approval by the city manager, the document shall be returned to the city attorney for appropriate processing. In the discretion ofthe city manager, any contract, agreement or lease may be submitted to the city council for consideration. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. PARTD. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of Struek through passages are deleted. Underlined passages are added. 98-0-09 3 "" .."", Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other appropriate word, and the sections ofthis ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through F shall not be codified. PART E. EFFECTIVE DATE. This Ordinance shall take effect upon adoption. PART F. ADOPTION. After Motion by Councilwoman Lichter and Second by Councilman Roberts, the vote on the first reading of this ordinance held on November 16, 1998, was as follows: Mayor Randy G. Allman AYE Councilman Jim Gornto AYE Councilwoman Myron F. Hammond ABSENT Councilman Gary W. Roberts AYE Councilwoman Judy Lichter AYE After Motion by Councilman Gornto and second by Councilman Roberts, the vote on the second reading of this ordinance was as follows: Mayor Randy G. Allman AYE Councilman Jim Gornto AYE Councilwoman Myron F. Hammond AYE Councilman Gary W. Roberts AYE Councilwoman Judy Lichter AYE Struck through passages are deleted. Underlined passages are added. 98-0-09 4 PASSED AND DULY ADOPTED this 7th day of December, 1998. CITY COUNCIL OF THE CITY OF EDG ATER, ORIDA ndy G. man Mayor APPROVED FOR FORM AND CORRECTNESS: 146�� Nikki Clayto City Attorney Stevek thrett passages are deleted. Underlined passages are added. 98-0-09