281ORDINANCE NO. 281
AN ORDINANCE PROVIDING FOR THE CONTINUITY OF
GOVERNMENT OF THE CITY OF EDGEWATER, VOLUSIA
COUNTY, FLORIDA, IN THE EVENT OF ENEMY ATTACK
BY PROVIDING FOR THE DESIGNATION, STATUS,
QUALIFICATIONS AND TERMS OF EMERGENCY INTERI
SUCCESSORS, PROVIDING FOR THE ASSUMPTION OF
POb1ERS AND DUTIES OF OFFICER BY EMERGENCY
INTERIM SUCCESSOR, PROVIDING FOR RECORDING AND
PUBLICATION OF DESIGNATION OF EMERGENCY INTERIM
SUCCESSOR, PROVIDING FOR ACCOMPLISHMENT OF THE To
FORMALITLSS OF TAKING OFFICE IN THE CASE OF SUCH
EMERGENCY INTERIM SUCCESSORS, AND SUSPENDING
CERTAIN QUORUM AND VOTE REQUIREMENTS OF THE CITY
COUNCIL IN THE EVENT OF AN ATTACK.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA:
SECTION 1. This Ordinance shall be known and may be cited as
the "Continuity of Government Ordinance of the City of Edgewater,
Florida".
SECTION 2. As used in this Ordinance, unless the context other-
wise clearly indicates:
(a) "Unavailable" shall mean either that a vacancy in office
exists and there is no deputy authorized to exercise all of the
powers and discharge the duties of the office, or that the lawful
incumbent of the office (including any deputy exercising the powers
and discharging the duties of an office because of a vacancy) and
his duly authorized deputy are absent or unable, for physical, mental
or legal reasons, to exercise the powers and discharge the duties
of the office.
(b) "Attack" shall mean any attack or series of attacks by an
enemy of the United States causing, or which may cuase, substantial
damage or injury to civioian property or persons in the United States
In any manner, by sabotage or bythe use of bombs, missiles, shell-
fire, or atomic, radiological, chemical, bacteriological or biological
means or other weapons or processes.
(c) "Duly authorized deputy" shall mean a person who Is presently
authorized to perform all of the functions, exercise all of the powers
and discharge all of the duties of an office in the event the office
Is vacant or at such times as it lacks administration due to the
death, absence or disability of the incumbent officer.
(d) "Emergency Interim Successor" shall mean a person designated
pursuant to this Ordinance for possible temporary succession to the
powers and duties, but not the office, of a City officer in the event
that such officer or any duly authorized deputy is unallailable to
exercise the powers and discharge the duties of theoffice.
SECTION 3(a)Within thirty days following the effective date of
this Ordinance, and thereafter within thirty days after first enter-
ing upon the duties of his office, the Mayor, each member of the
City Councii,the City Clerk of this City shall, in addition to any
duly authorized deputy, designate such number of emergency interim
successors to his office and specify their rank in order of succession
after any duly authorized deputy so that there will be not less than
three duly authorized deputies or emergency interim successors or
combination thereof.
(b) The City Council shall within the time specified in sub-
section (a) of this Section, in addition to any duly authorized
deputy, designate for appointive officers including the Chief of
Police, and City Fire Chief. such number of emergency interim suc-
cessors to these officers and specify their rank in order of succession
after any duly authorized deputy so that there will be not less than
three duly authorized deputies or emergency interim successors or
combination thereof for each officer.
(c) The incumbent in the case of those elective officers
specified in subsection (a) of this Section and the City Council in
the case of those appointive officers specified in subsection (b) of
this Section, shall review and, as necessary, promptly revise the
designations of emergency interim successors to insure that at all
times there are at least three such cualified emergency interim
successors or duly authorized deputies or any combination thereof
for each officer specified.
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(d) No person shall be designated or serve as an emergency
interim successor unle as he may under the constitution and statutes
of this state and the charter of this city, hold the office of the
person to whose powers and duties he is designated to succeed, but
no provision of any Ordinance prohibiting an officer or employee of
this City from holding another office shall be applicable to an
emergency interim successor.
(a) A person designated as an emergency interim successor
holds that designation at the pleasure of the designator; PROVIDED,
That he must be replaced if removed.. He retains this designation
as emergency interim successor until replaced by another appointed
by the authorized designator.
SECTION 4. If in the event of an attack any officer named in
subsections (a) and (b) of Section 3 of this Ordinance and any duly
authorized deputy is unavailable, his emergency interim successor
highest in rank in order of succession who is not unavailable shall,
except for the power and duty to appoint emergency interim successors,
exercise the powers and discharge the duties of such officer. An
Emergency interim successor shall exercise these powers and discharge
these duties only until such time as the lawful incumbent officer or
any duly authorized deputy or an emergency interim successor higher
in rank in order of succession exercises, or resumes the exercise
of, the powers and discharge of the duties of the office, or until,
where an actual vacancy exists, a successor is appointed to fill
such vacancy or is elected and qualified as provided by law.
SECTION 5. The name, address and rank in order of succession
of each duly authorized deputy shall be filed with the City Clerk
and each designation, replacement, or change in order of succession
of an emergency interim successor shall become effective when the
designator files with the City Clerk the successors name, address
and rank in order of succession. The City Clerk shall keep on file
all such data regarding duly authorized deputies and emergency
interim successors and it shall be open to public inspection.
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SECTION 6. At the time of their designation, emergency interim
successors shall take such oath and do such other things, if any, as
may be required to qualify them to exercise the powers and discharge
the duties of the office to which they may succeed.
SECTION 7. In the event of an attack, (1) quorum requirements
for the City Council shall be suspended, and (2) where the affirmative
vote of a specified proportion of members for approval of an Ordinance,
Resolution or other action would otherwise be required, the same
proportion of those voting thereon shall be sufficient.
SECTION 8. If any section, subsection, sentence, clause, phrase
or oortion of this ordinance is for any reason held invalid or un-
constitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining portions
hereof.
SECTION 9. The immediate passage of this ordinance is deemed
essential to the public health, safety and welfare and shall be in
full force and effect from and after its passage and signature by
the Mayor.
The above ordinance was read in full and passed by vote of the
City Council of the City of Edgewater, Florida, at a regular
meeting held Septembet,6,1961.
Upon motion duly made, seconded and carried, the requirement
of reading said ordinance upon second reading was waived and the
ordinance was ordered put upon final passage.
Passed by vote of the C ity Council of theCity of Edgewater,
Florida, at a regular meeting of said Council held on the 6th day
of September, 1961 and approved as provided by law, the vote of
said Council being as follows:
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.* i"''Councilman
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Councilman
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City Clerk r..
Approved this September 6, 1961.
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