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conflict herewith be and same are hereby repealed.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