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81-R-50RESOLUTION NO. RJ'R' Sb RESOLUTION AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA, TO EXECUTE A CERTAIN AGREEMENT WITH CHARLES A. MURPHY AS BUILDING OFFICIAL FOR THE CITY OF EDGEWATER, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AS EFFECTIVE DATE. WHEREAS, the City Council has reviewed that certain Agreement executed by the City and Charles A. Murphy on October 3, 1977, and has agreed to modify same. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1. That the Mayor and City Clerk are authorized to execute an Agreement on behalf of the City of Edgewater with Charles A. Murphy as building official. Said Agreement is attached hereto and incorporated by reference herein as Exhibit A, and is approved, ratified, and confirmed. SECTION 2. That all resolutions or parts of resolutions in conflict herewith be and same are hereby repealed. SECTION 3. That this Resolution shall take effect immediately upon its adoption by the City Council and approval as provided by law. The Resolution was introduced by Mr. The Resolution was read in full for a first .time and passed by a majority vote of the City Council of the City of Edgewater, Florida, at a regular meeting of said Council held on the =day C O A G R E E M E N T THIS AGREEMENT made and executed this _day of May 1981, by and between the City of Edgewater, Florida, a municipal corporation chartered under the laws of Florida, and CHARLES A. MURPHY, of 832 16th Avenue, New Smyrna Beach, Florida as Building Official of the City of Edgewater, Florida: W1TNESSET-H ARTICLE 1 Charles A. Murphy as Building Official for the City of Edgewater, Florida hereby convenants and agrees as follows: SECTION 1. At all times the Building Official and his assistant (s) shall be considered independent contractors and as such indepedent contractors shall hold the City of Edgewater, Florida, harmless for any wilful or negligent acts committed by them whether by malfeasance, misfeasance or non-feasance. SECTION-2. As Building Official, said Charles A. Murphy shall post a bond with the City of Edgewater in the amount of $1,000.00 to assure compliance with the duties and responsibilities set forth in Section 1 above. SECTION 3. Said Charles A.: Murphy and his assistant (s) shall be responsible for enforcing technical codes, ordinances, and resolutions pertaining to zoning and building within the City of Edgewater, Florida, specifically dealing with, but not limited to: standard building, electrical, health, gas, mechanical, swimming pool, housing, zoning, subdivision, and general contractors. SECTION 4. In regard to enforcing and interpreting all codes, or- dinances and resolutions as set forth in Section 3 above, said Charles A. Murphy as Building Official shall not usurp any established responsibility of any appointed board in the City of Edgewater, Florida, but he shall be responsible for the day to day interpretation of said codes, ordinances, resolutions, and Comprehensive Plan. Said Charles A. Murphy shall serve in an advisory capacity to the Board of Adjustments and Appeals (Building Code Board), Board of Adjustments, and Zoning and Planning Board. As such, he shall attend meetings when requested by the Chairman thereof. SECTION 5. Said Charles A. Murphy shall serve as the Code Inspector as definded in Ordinance 81-0-5, and shall be responsible for initiating and presenting matters before the Citizen Code Enforcement Board for alleged violation of codes delineated in Section 3 herein. SECTION 6. Said Charles A. Murphy as Building Official may employ assistant(s) that are qualified in the various aspects of building inspection to which said assistant(s) is assigned. SECTION 7. That Charles A. Murphy as Building Official shall promptly provide the City Clerk's office with copies of all written transactions of the building inspection department and shall keep all original documents on file to be turned over to the City upon termination of this contract. SECTION 8. All building or construction permits shall be issued by the Building Official in the following manner: The Building Official shall examine the application for building permit and shall process it in conformity with the Comprehensive Plan and the applicable codes, when a permit is written it shall be transferred to the City Clerk's office where the permitee shall pay the required fee, whereupon the City Clerk or the authorized deputy of the City Clerk shall deliver the permit to permitee. ARTICLE II The City of Edgewater, Florida hereby covenants and agrees as follows with Charles A. Murphy as Building Official: SECTION 1. The City of Edgewater, Florida hereby agrees to furnish office space, utilities, and office supplies to the Building Official and his assistant(s).provided however, that said office shall be open and staffed from 8:00 A.M. to 4:30 P.M. each week day that is not a legal holiday. — SECTION 2. The City of Edgewater, Florida hereby agrees to pay the Building Official 50% of all fees collected for permits and inspections issued during each month. ARTICLE III IT IS MUTUALLY covenanted and agreed between the parties hereto: SECTION 1. Charles A. Murphy as Building Official and the City of Edgewater, Florida hereby mutually agree that this contract may be terminated by either party by 30 days written notice to either party. ,u+v- Executed this / day o Ma A.D. 1981. CITY OF EDGEWATER Y Witness ity Cle c - h'itness BUILDING OFFICIAL W tness T:itness This instrument prepared b y Attgrtfey