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ORDINANCE NO. 96-0-04
AN ORDINANCE OF THE CITY COUNCIL OF EDGEWATER, FLORIDA,
AMENDING ARTICLE I (IN GENERAL) OF CHAPTER 2
(ADMINISTRATION) OF THE CODE OF ORDINANCES, CITY OF
EDGEWATER, FLORIDA; DELETING SECTION 2-1 (CITY MANAGER-
CREATION OF OFFICE), SECTION 2-4 (SAME-POWERS AND
DUTIES), SECTION 2-5 (COUNCIL NOT TO INTERFERE WITH
APPOINTMENT OR REMOVALS), SECTION 2-6 (EMERGENCIES) AND
SECTION 2-8 (CITY MANAGER; COMPENSATION); RENUMBERING AND
AMENDING SECTION 2-2 (SAME-APPOINTMENT) TO ADDRESS ONLY
PROHIBITIONS REGARDING THE APPOINTMENT OF A COUNCILMEMBER
AS CITY MANAGER; RENUMBERING AND AMENDING SECTION 2-3
(SAME-REMOVAL); RENUMBERING SECTION 2-7 (CITY MANAGER;
BOND), SECTION 2-9 (OFFICE OF CITY MANAGER; VACANCY), AND
SECTION 2-10 (DISHONORED CHECK POLICY); ADDING A NEW
SECTION 2-5 TO PROVIDE FOR THE SIGNING OF CERTAIN
CONTRACTS, AGREEMENTS AND LEASES BY THE CITY MANAGER;
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. In order to increase the efficiency of city operations in
regards to the procurement of items and services which are routine
in nature, necessary for the day to day business operations of the
Ci ty and wi thin the budget approved by the City Council, it is
appropriate that the City Council establish guidelines for
execution of contracts, agreements, and leases by the City Manager.
3. Placement of these guidelines in the Code of Ordinances
within Article I (General) of Chapter 2 (Administration) is
appropriate.
4. Certain sections of Article I are redundant and/or in
conflict with the current City Charter and other ordinances
recently enacted by the City Council.
5. In addition, to establishing guidelines for the signing of
contracts, agreements and leases by the City Manager , it is
appropriate that the remainder of Article I be updated.
NOW, THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
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PART A. AMENDMENT OF ARTICLE I (IN GENERAL) OF CHAPTER 2
(ADMINISTRATION) OF THE CODE OF ORDINANCES, CITY OF EDGEWATER,
FLORIDA.
Article I is amended to read as follows:
See. 2-1. City maBager-CreatiaB af affiea.
The office of the city manager io hereby created.
Sec. 2-!~. Same-Appointment of counci1member as city manaqer
prohibited.
The city manager ohall be appointed by majority ~ote of the city
council for an indefinite term. The manager ohall be chooen by the
council on the baoio of Clrecuti~Je and adminiotrative qualificationo
~dth opecial reference to actual mrperience in or lmmfledge of
accepted practice in reopect to the dutieo of the office
hereinafter oet forth.
At the time of thio appointment, the
appointee need not be a reoident of the city or otate, but ~iithin
oix montho of ouch appointment, he/ohe ohall eotablioh and maintain
reoidency ~d thin the corporate limi to of the city. No
councilmember shall be appointed city manager receive ouch
appointment during the term for which the councilmember manager
shall have been elected nor within one year after the expiration of
the councilmember's term.
Sec. 2-1~. Same.Remova1 of city manaqer
The city council may remove the city manager at any time by a
majority vote of its members.
If requested by the manager, a
public hearing shall be granted by the council within thirty (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 (3) calendar months following the final removal date unless
such removal is for cause. In the event of removal for cause, the
council shall have no obliqation to pay any severance. The term
"for cause" shall be deemed to include: willful violation of the
provisions of the ci tv manaqer' s employment agreement or law:
willful disregard of a clear, direct order, request or policy of
the City: habitual druq use: or conviction of any crime involvinq
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moral turpitude or relatinq to official duties.
The benefits
described in this section would be eligible to the manager upon
completion of his initial six-months probationary period.
See. 2-t. Same-P~lers aDd duties.
The oity manager ohall be the ohief adminiotrati~e offioer of the
oity, may head one or more departmento, and ohall be reoponoible to
the oity oounoil for the proper adminiotration of all affairo of
the oity. To that end, the manager ohall have po~#er and ohall be
required tOI
( l) l\ppoint and, ~lhen neoeooary for the good of the oer.~ioeo,
ouopend or remove all offioero and employeeo of the oity
meoept 0.0 othendoe prmrided by the oi ty oharter or lm..-
and meoept authorizing the head of a department or offioe
to appoint, ouopend, or remove oubordinateo in ouoh
department.
(2) Prepare the budget annually and oubmit it to the oounoil
together ~dth a meooage deooribing the important featureo
and be reoponoible for i to adminiotration after adoption.
(3) Prepare and oubmit to eh oounoil 0.0 of the end of the
fiooal year a oomplete report on the finanoeo and
adminiotrativc aotivitiea of the oity for the preoeding
year.
(4) Keep oounoil ad~:ioed of the finanoial oondition and
future Rcedo of the oity, and make ouoh reooHllRendationo
0.0 may be deemed deoirable.
(5) Reoommend to the governing body a otandard oohedule of
pay for eaoh appointi~e offioe and pooition in the oity
oery~ioe, inoluding minimum, intermediate and malcimum
rateo.
( 6 ) ReooHlHlend to the gmmrninlj body (from time to time),
adoption of ouoh meaoureo 0.0 may be deemed neoeooary or
enpedient for the health, oafety or "\1elfare of the
oommunity or for the impro~ement of adminiotrative
oerJioeo.
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t++ Conoolidate or aombine offiaeo, pooitiono, departmento,
or unito under hio/her juriodiation, ,..-ith the apprmral of
the aity aounail.
The aity manager may be the aating
head of one or more departmento.
(8) l\.ttend all meetingo of the aity aounail unleoo mmuoed
therefrom and take part in the dioauooion of all mattero
aoming before the aounail. The manager ohall be entitled
to notiae of all regular and opeaial meeting 00 the
aounail.
(9) Supervioe the purahaoe of all materialo, oupplieo, and
equipment for 'ihiah fundo arc prm,7ided in the budget, let
aontraato neaeooary for operation or maintenanae of aity
oendaeo for amounto up to an inaluding tmi thouoand
dollaro ($2,00.00), reaeive oealed bido for purahaoeo or
aontraato in exaeoo of three thouoand dollaro ($3,00.00)
and preoent them to aounail for approval, and advioe the
aounail on the advantageD or dioadvantageo of aontraat
and bid propooalo. No purahaoe ohall be made, aontraat
let or obligation inaurred for any item or oer~iae whiah
exaeedo the current budget appropriation without a
oupplemental appropriation by the aounail. No aontraat
in exaeoo of three thouoand dollaro ($3000.00) and no
aontraat for aonotruation ohall be let exaept by the aity
aounail. The manager may iooue ruleD governing purahaoing
proaedureo ~iithin the adminiotrati~e organization ao the
aounail ohall approve.
(10) See that all 1avo and ordinanaeo are duly enforced.
(11) Inveotigate the affairo of the aity or any department or
di7y7ioion thereof. Inveotigate all aomplainto in relation
to mattero concerting the adminiotration of the
government of the city, and in regard to oervice
maintained by the publia utilitieo in the city, and oee
that all franahioeo, permito, and pri~ilegeo granted by
the city are faithfully oboerved.
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(12) Devote hio/her entire time to the diooharge of all
offioial dutieo.
(13) The oity mana~er, or in hio abcenoe, the olerk or aoting
olerk, ohall draw and oign vouohero upon depooitorieo,
~ihioh vouohero ohall be oounteroigned by the mayor or
vioe mayor, or by the aoting mayor in the event of their
aboenoe or dicability, and keep, or oauoe to be kept, a
true and aoourate aooount of oame.
(14) Sign all lioenoeo iocued by the oity, and iooue reoeipto
for all monieo paid to the oity, and depooit oaid monieo
in the proper depooitorieo on the firot banking day after
reoeipt.
The
oity
manager
may
delegate
the
recponoibilitieo of thio cubparagraph to an appropriate
oity employee.
( 15) Be reoponcible for the performanoe and cuper_-icion of all
dutieo of a finanoe direotor_
The oity manager may
delegate the reoponoibilitiec of thio oubparagraph to an
appropriate oity employee.
(16) Sign oontraoto on behalf of the oity to the C)ctent
authorized by ordinanoe.
(17) Perform cuoh other dutieo ac may be required by the
oounoil, not inoonoiotent with the oi ty oharter, la'ili or
ordinanoeo.
Sec _ 2-6. Cellaoil aet te iaterfere ldth appeiatmeat er reme.v"'als.
Neither the councilor any of ito memberc ohall direct or requeot
the appointment of any percon to, or removal from, office by the
city manager or any of the manager'o oubordinateo, or in any manner
take part in the appointment or remo\.yal of officero an employeeo in
the adminiotratiYv"'e oer.-ioeo of the oity. EJccept for the purpooe of
inquiry, the oounoil and ito membero chall deal "ith the
adminiotrative oervice Golely through the city manager and neither
the council nor any member thereof ohall gi.....e ordero to any
cubordinateo of the city manager, either publicly or privately.
Soc. 2-6. Emorgoaoies.
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In oaoe of aooident, dioaoter, or other oiroumotanoeo oreatin~ a
publio emer~enoy, the oi ty manager may mmrd oontraoto and make
purohaoeo for the purpooeo of meeting oaid emergenoy; but the
manager ohall file promptly ~dth the oounoil a oertifioate ohmdng
ouoh emergenoy and the neoeooity for ouoh notion, together "ith an
itemi3ed aooount of all expenditureo.
Sec. 2-l+. City manager; 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.
See. 2-8. City lIaBager, eempeBoatieB.
The oity manager ohall reoeive ouoh oompenoation 0.0 the oounoil
ohall file from time to time by ordinanoe or reoolution.
Sec. 2-!9. Office of the city manager; vacancy.
Any vacancy in the office of city manager shall be temporarily
filled within a reasonable time after the effective date of such
vacancy, but no longer than ninety (90) days after the effective
date of such vacancy.
Sec. 2-5. City manaqer authorized to siqn certain contracts,
aqreements and leases.
(a)
Intent.
The intent of this section is to increase the
efficiency of city operations in reqards to the procurement of
items and services which are routine in nature and within the
budqet approved by the city council.
This section shall not be
interpreted to deleqate any of the policymakinq authority of the
city council, but is intended to facilitate the day to day business
operations of the city.
(b) Criteria. Pursuant to Section 4.02(11) of the city charter,
the city manaqer is authorized to siqn contracts, aqreements, and
leases which meet the followinq criteria:
ill The annual cost of the item or service is five thousand
dollars ($5000.00) or less.
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ill The term of the contract, aqreement or lease is five (5)
years or less.
ill Any required expenditure has been included within the
approved
budqet
of
the
department
requestinq
authorization for the item or service.
i!l The contract, aqreement or lease has been approved as to
leqal form and correctness by the city attorney.
(c) Procedure. The requested contract, aqreement 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 manaqer for review.
Upon
approval by the city manaqer, the document shall be returned to the
city attorney for appropriate processinq. In the discretion of the
city manaqer, any contract, aqreement or lease may be submitted to
the city council for consideration.
Sec. 2-~~. Dishonored check policy.
(a) Pursuant to Section 166.251, Florida Statutes, there
shall be collected as a service fee for the collection of
any dishonored check, draft or other order, for the
payment of money to an official or agency of the City of
Edgewater, the sum of twenty dollars ($20.00) or five (5)
percent per cent of the face amount of the check, draft
or order, whichever is greater. This service fee shall
be in addition to all other penalties imposed by law.
(b) All customers consumers opening up new accounts shall be
advised of the foregoing service fee.
All existing
customers oonoumcro will be advised of any ~ increased
fee with their next water bill.
PART C. 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 D. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or
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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.
PART E. CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code
of Ordinances of the City of Edgewater, Florida, and the word
"ordinance", may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be
renumbered or relettered to accomplish such intention; provided,
however, that Parts C through G shall not be codified.
PART F. EFFECTIVE DATE.
This Ordinance shall take effect upon adoption.
PART G. ADOPTION.
After Motion by Councilman Hatfield and Second by Councilwoman
Martin, the vote on the first reading of this ordinance held on
June 17, 1996, was as follows:
Mayor Jack H. Hayman, Sr. AYE
Councilman Danny K. Hatfield AYE
Councilwoman Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
After Motion by Councilman Mitchum and second by Councilwoman
Martin, the vote on the second reading of this ordinance was as
follows:
Mayor Jack H. Hayman, Sr.
AYE
Councilman Danny K. Hatfield
AYE
Councilwoman Louise A. Martin
AYE
Councilman Mike Hays
ABSENT
Councilman David L. Mitchum
AYE
PASSED AND DULY ADOPTED this 1st day of July, 1996.
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CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
Hy• 1 i
ack H. Hayman r.
yor
APPROVED F R FORM
AND CORRECTNESS:
Rr to A. Store
City Attorney
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