2011-O-12 v
ORDINANCE NO. 2011-0-12
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, AMENDING CHAPTER 2 (ADMINISTRATION),
ARTICLE I (IN GENERAL) AND ARTICLE V
(RESIDENCY REQUIREMENTS FOR CITY) OF THE CITY
OF EDGEWATER CODE OF ORDINANCES; PROVIDING
FOR CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR CODIFICATION, AN
EFFECTIVE DATE AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
WHEREAS, criteria and requirements relating to various subjects have been modified
over time therefore, Chapter 2 (Administration) needs to be updated for consistency.
1. Requirements relating to the removal of a City Manager currently are and would
be outlined in the appropriate City Manager's contract and Section 2.2 (Removal of City
Manager).
2. Criteria set forth in Section 2.5 (City manager authorized to sign certain contracts,
agreements and leases) and Section 2.6 (Dishonored check policy) are addressed in the City's
Purchasing Policy.
3. Requirements relating to Article V (Residency Requirements for City Manager
and Department Heads) are set forth in the City Charter.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
Florida:
PART A. AMEND CHAPTER 2 (ADMINISTRATION), ARTICLE I
(IN GENERAL) AND ARTICLE V (RESIDENCY
REQUIREMENTS FOR CITY) OF THE CODE OF
ORDINANCES IN ITS ENTIRETY FOR THE CITY OF
EDGEWATER, FLORIDA.
Chapter 2 (Administration) is hereby amended to read as follows:
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Ord'
ARTICLE I. IN GENERAL
Sec. 2 -1. Appointment of council member as city manager prohibited.
No councilmember shall be appointed city manager during the term for which the
councilmember shall have been elected nor within one year after the expiration of the
councilmember's term.
Sec. 2 -2. Removal of city manager.
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
30 days following notice of removal. ! ., _ - - • - -- • - ... - . - . .,
- '
cause. In thc event of removal for cause, thc council shall have no obligation to pay any
severance. The term "for causc" shall be deemed to include: willful violation of thc provisions
request or policy of thc city; habitual drug use; or conviction of any crimc involving moral
Sec. 2 -3. 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.
Sec. 2 -4. Office of 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 90 days after the effective date
of such vacancy.
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 of the 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.
(2 )(1) Any required expenditure has been included within the approved budget of
the department requesting authorization for the item or service.
(-)(2) Those documents or actions which the city's purchasing ordinance,
policies and procedures authorize the city manager to do or sign.
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(4)Q 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 for 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 of the city manager, any contract, agreement or lease may be
submitted to the city council for consideration.
(a) Pursuant to F.S. §166.251, there shall be collected as a service fcc for the
or agcncy of thc city, thc sum of $20.00 or five percent of the face amount of the check, draft or
l-a
(13) - .. • _..- . . ..
Secs. 24 2 -6 — 2 -19. Reserved.
ARTICLE II. RESERVED
Secs. 2 -20 — 2 -45. Reserved.
ARTICLE III. RESERVED
Secs. 2 -46 — 2 -60. Reserved.
ARTICLE IV. RESERVED
Secs. 2 -61— 2 -75. Reserved.
ARTICLE-V. . • _ / . • i .
. • ( . - . .. . - . .. . . -- . - .. . .. . .
(3) To cnhancc thc quality of relations between thc city residents and the city
de he
( - - .- - • - - - . . . • . - • - , -- ..... .- .
the future of the city.
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_ - • . . • • . - ..,
r -- .
^� •
The city council finds that legitimate governmental interests exist, compelling thc
heads of the City of Edgewater. Therefore:
(-1) All department hcads hircd after thc effective date of this article shall within six
c^^ 2 74
te-the
( The-nature-of-the-work;
(3-) l2 The l „f th . or
(4) - - . _ .. . - - -- ' . _ -
Scc^.�T Appeals.
o f thi ar ti c le
Sec..-2_80. fifes
council as per section 2 79.
( • . .. • -- - - .. : .
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Now Narre
(e) Failure to correct such violation shall result in immediate dismissal from
(
the city.
limits of the city.
ARTICLE V. RESERVED
Secs. 2-82 2 -76 — 2 -100. Reserved.
ARTICLE VI. RESERVED
Secs. 2 -101 — 2 -105. Reserved.
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 by a court of competent jurisdiction, 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 by a court of competent jurisdiction,
such holding shall not affect its applicability to any other person, property, or circumstance.
PART D. 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 B through F shall not be codified.
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Aft, Noe
PART E. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART F. ADOPTION.
After Motion to approve by Councilwoman Bennington and Second by Councilman
Kennedy, the vote on the first reading of this ordinance held on August 15, 2011 was as follows:
AYE NAY
Mayor Mike Thomas X
Councilman Michael Ignasiak X
Councilwoman Gigi Bennington X
Councilman Justin Kennedy X
Councilman Ted Cooper X
After Motion to approve by ('� ;�, Ti,r, we K and Second by ` n ,the
vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Mike Thomas
Councilman Michael Ignasiak X
Councilwoman Gigi Bennington ti
Councilman Justin Kennedy
Councilman Ted Cooper
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PASSED AND DULY ADOPTED this 12th day of September, 2011.
ATTEST:
�nrnie.lt'1 n� D
Bonnie Wenzel
City Clerk
CITY COUNCIL OF THE
"Y OF EDG � T F RIDA
,BCY.
^
Mike s
Mayor
_� �In--If �l4tLLbr1')
Robin L. Matusick
Paralegal
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 12th day
legality by: Aaron R. Wolfe, Esquire of September, 2011 under Agenda Item No.
City Attorney 8�.
Doran Sims, Wolfe Ansay R. Kandid
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02011-0-12