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HomeMy WebLinkAboutO-99-13ORDINANCE NO. O-99-13 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTERS 2 AND 26 TO REFLECT CITY MANAGER AUTHORITY OVER PERSONNEL MATTERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Sebastian provides for a manager/council form of government; and WHEREAS, under the terms of the City Charter, the city manager is charged with the administrative task of supervising and directing all city personnel other than those under another charter officer; and WHEREAS, under state law and accepted political theory, under the council/manager form of government the city manager is responsible for job classifications, setting compensation for employees and promulgating administrative personnel procedures, subject to budgetary review and approval by the city council; and WHEREAS, the City Code contains vestiges of the previous mayor/council form of government which provides for more direct supervision of personnel by the city council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That section 2-4 of the Code of Ordinances, City of Sebastian, Florida is hereby deleted and reserved: (...a} ........... n~__4-_~ ~.~.~ ~ ~ ~ ~ m~. o~-~ r~ .... ~-4~ iptie of thc 'ty ~n~ ~ ~ ...... ~,,~ ~ ~ Doscr . -ns Cl ......... I ................. ~ity ...... ~ ] Section 2. That section 2-106 of the (lode of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 2-106. Created. The city manager shall appoint a qualified person working directly under his supervision to be director of finance, performing the duties prescribed hereunder and such further functions as the city manager may assign. Section 3. That section 2-107 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 2-107. Director of finance-- Powers and duties The director of finance shall be the city auditor and treasurer, and accordingly shall maintain a general accounting system for the city government and units thereof; be custodian of all funds belonging to or under the control of the city; supervise the collection of all money due the city; supervise all tax or other assessments; and supervise the disbursement of city funds, in furtherance of which the director must be a signator on any disbursement of city funds. Section 4. That section 2-108 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 2-108. Same--Surety bond required. (a) The director of finance shall post a bond payable to the city in the penal sum of no less than $100,000.00, conditional for the faithful performance of all his duties as director of finance and the accounting, safekeeping and delivery unto the city of all money or property coming into his hands belonging to the city, with surety of a surety company authorized to transact business in the state. (b) The bond provided for in this section shall be presented to and be subject to the approval of the city council. The premium for the bond provided in this section shall be paid by the city. Section 5. That section 2-109 of the (_.7ode of Ordinances, City of Sebastian, Florida is hereby deleted as follows and the section is reserved: ............................. chargc ..of the hays authority and shall be =~red to: ~, ..... F ............... expense est~-~ receiving and receiving~nd expodicnt. ~ .... ~ of all rocci (7) Prepare for and other ~ .... +~+ ~ agency ...... ~ of~ and .......... + in a fiduciary~~ ..... q ~"~j, a~d .. .have +~ ~.~ ~rans fer, reu .................... u~. ' tv .......... ~ 4 ............ 4 ~ other of .thc ~~ u ............. , ...... ~ati ......... ¢4) Keep a , 'ist of ~,,~¢~.~4~ ~4 k~¢ ............. ~ ~ty ...... and (15) Issue ail ......... ....... ...... Section 6. That section 26-33 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 26-33. Building official; appointment, qualifications and duties. (a) There shall be a building official for the city, who shall be appointed by and serve at the pleasure of the city manager. (b) The building official shall be qualified by education and training in accordance with state law to perform the duties of his office. (c) The building official shall have authority to receive applications and issue building permits and to enforce the building code, building ordinances and standard codes adopted by the city. Neither the building official nor anyone under his direction shall enter any private property without the consent of the owner. The repair, vacation or demolition of unsafe buildings or structures shall be handled pursuant to the unsafe building abatement code, as amended herein. Section 7. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 8. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 9. EFFECTIVE DATE. This Ordinance shall take effect following its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember ~~_~2,tl The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Chuck Neuberger Councilmember Joe Barczyk Councilmember Ben A. Bishop Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Ordinance duly passed and adopted this day of September, 1999. ATTEST: i~lTu;yn~, o,Hall~an; cMC/AAE City Clerk CITY OF SEBASTIAN, FLORIDA ~huck Neu~erg~ay~/ Approved as to form and legality for reliance by the City of Sebastian only: Rich stringer, City A t~ney