81-R-56® RESOLUTION NO. Xl-/C-sb
.df8> �A RESOLUTION AUTHORIZING THE OFFICIALS OF THE CITY OF EDGEWATER,
FLORIDA, TO EXECUTE A CERTAIN AGREEMENT WITH JOSEPH MITCHELL
� dt AS CITY MANAGER OF THE CITY OF EDGEWATER, FLORIDA, REPEALING
ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE
DATE
WHEREAS, The City of Edgewater, Florida, has determined that it is
in the best interest of the citizens of the City to provide for an
Agreement between the City and Joseph Mitchell as City -Manager of the
City of Edgewater in order to promote stability and continuity in
government,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA:
SECTION 1. The appropriate officials of the City of -Edgewater,
Florida, are hereby authorized to execute a certain Agreement between
the City and Joseph Mitchell as City Manager of the City of Edgewater,
Florida, said Agreement being attached hereto and marked as exhibit
.11'
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herewith be and same are hereby repealed.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. W;1 bur
The resolution was read in full and passed by majority vote of the
City Council of the City of Edgewater, Florida, at a regular meeting
of said council held on the _ - day of fUh Q , 1981,
ADC
A G R E E M E N T
THIS AGREEMENT made and executed this /% day of June, 1961,
by and between the CITY OF EDGEWATER, a -municipal corporation within
Volusia County, Florida, hereinafter referred to as the "CITY", and
JOSEPH MITCHELL, as City Manager of the City of Edgewater, Florida,
hereinafter referred to as the "CITY MANAGER;"
W I T N E S S E T H
WHEREAS, The City as undertaken by appropriate motion of the
City Council an extensive search for a person to fill the position
of City Manager, as authorized by S 9A of the City Charter and 52-2 of
the .Code of Ordinances adopted pursuant thereto, and
WHEREAS, The City has duly enacted Resolution No. 81-R-51 which
declared the City's intention to appoint a City Manager for the City
of Edgewater, and
WHEREAS, The City has duly enacted Resolution No. 81-R-53,
which appointed Joseph Mitchell as City Manager of the City of
Edgewater, upon redappropriation of the Anneal Budget Ordinance to
fund the office. of City Manager, and
WHEREAS, The City duly enacted Ordinance No. 81-0-19 which
transferred certain funds from the Planning Department to the Department
of Finance and Administration for wages to compensate the office of
City Manager, and
WHEREAS, The City has determined that it is in the best interests
of the City of Edgewater to fully set forth the duties, terms, and
conditions of employment for said City Manager, to promote stability
and continuity in government.
NOW T HERE F
IN CONSIDERATION of the terms and conditions as hereinafter
set forth, the City and the City Manager do mutually covenant and
Promise as follows:
1. That JOSEPH MITCHELL does hereby agree to serve as City Manager
of the City of Edgewater, Florida, and to carry out to the best of
his ability gll the duties imposed upon him by the Charter and
Ordinances of the City, as well as those additional duties as may be
imposed by law, or such other duties as the Council may from time to
w
time require of him.
2. That this contract shall be subject to all provisions of
the Charter of the City of Edgewater and to all amendments thereto.
0
3. That the City does hire the City Manager for a term of
years from the effective date of this Agreement. Such employment
shall be compensated initially at a sum of $20,600.00, which may be
increased and subject to modification in appropriation ordinances for
Fiscal Years 1981-82, and future years. said annual compensation shall
be divided into equal weekly installments and shall be paid to him in the
same manner as other municipal employees.
9. The City Manager shall receive all usual benefits which inure
to municipal employees generally, as provided in the Employee Guide for
the City of Edgewater. These benefits shall include but are not necessarily
limited to medical, disability, leave, and all insurance benefits. In
addition thereto, the City does waive for the City Manager the 90 day
probation period so that said benefits shall be effective upon the ex-
ecution of thin agreement..
5. The City shall supply a suitable automobile for use by
the City Manager while he is in performance of his duties on behalf
of the City.
6. Such reasonable expenses as had been incurred by the City
Manager in moving to the City shall be reimbursed by the City, upon
presentation of necessary receipts.
7. The City Manager by Ordinance and by Resolution declaring
same to be personnel officer, is the administrative head of the
City of Edgewater. The City Council covenants that it shall not
interefere in the lawful exercise of -his duties as City Manager.
8. The City shall furnish the City Manager with suitable offices
and facilities, and such equipment, materials, and supplies necessary
and proper for the administration and management of the City.
9. After a period of ZImonths following the execution of this
agreement, the City Manager may terminate this agreement by giving the
City 30 days notice of intention to terminate same. Thirty days after
said election, this contract shall be void.
10. Prior to the termination of this contract, the City Council may
not dismiss the City Manager except under the following procedures. First,
the Council by a 3%S `�'S vote may suspend the employment' of the
City Manager when it comes to their attention that he has been charged
by information or indictment with violation of a criminal offense
under the Laws of Florida or of the United States. Second, the City
Council by a like vote following a public hearing may only dismiss
the City Manager for a substantial act which constitues misfeasance,
malfeasance, or nonfeasance, as those terms reflect the law of the
State of Florida. Prior to dismissal, the City Manager shall be in-
formed of charges against him upon written affidavit, and within a
reasonable time thereafter, a hearing shall be conducted by the
Council on the suffiency of the charges or complaint. Termination
of this agreement other than above shall constitute an arbitrary
firing or dismissal. In such event, the City shall be liable to
the City Manager in liquidated damages for a sum equal to six months
of his salary for that fiscal year.
11. This Agreement shalltake effect upon adoption of a
Resolution authorizing the appropriate officials to execute same.
a „ 12. This agreement may be modified by future contracts be-
tween the City and City Manager adopted in the form as herein
executed. _.
IN WITNESS. WHEREOF, The City manager and appropriate officials
.of the City have hereunto set their hands and seals for the purposes
xpssedhis 7 r4 day of June, 1961.
hereinabove ,�/t
CiW Manager
Llea yor '✓
ACTT/E)�ST
City Clerk O
Approved Wlegaity and forme
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City AtJ632e
fitness
Witness