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O62-14ORDINANCE No. 62- 14 AN EMERGENCY ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, DESIGNATING THE POWERS AND DUTIES OF THE OFFICE OF CITY MANAGER; PROVIDING AN EFFECTIVE DATE, AUTHORITY TO CODIFY~ REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND FOR OTHER PURPOSES. PREAMBLE The following measure is deemed to be an emergency ordinan~ enacted to provide for the effective functioning of the daily operation of the administrative departments of the municipal government of the CITY OF BOYNTON BEACH, FLORIDA. WHEREAS, it is deemed essential to the effective and economz. functioning of the daily operation of the administrative departments of the municipal government of the CITY OF BOYNTON BEACH, FLORIDA, that a competent individual trained in the field of municipal governmental adminis- tration be retained-to fulfill such duties, NOW, THEREFORE, be it ordained by the City Council of the CITY OF BOYNTON BEACH, FLORIDA: SECTION 1: APPOINTMENT AND QUALIFICATIONS. That pursuant to the provisions of Section 14, Chapter 24398 Special Acts of 1947 Florida Legislature (Section 49 of the codified charter of the CITY OF BOYNTON BEACH, FLORIDA), the City Council may appoint a City Manager who shall be the administrative head of the City government under the supervision and direclion of the City Council and who shall hold office at the pleasure of the City Council. He shall be chosen solely on the basis of his executive and administrative qualifications without regard to his political belief or persuasion. It shall not be necessary thai the City Manager be a resident of the City at the time of his appointment, however~ during his tenure of office he shall reside within the City. SECTION 2: ABSENCE OF THE CITY MANAGER. To perform his duties during his temporary absence or dis- ability, the City Council may appoint an officer of the city or other qualified person to perform the duties of the City Manager until he shall return or his disability shall cease. SECTION 3: COMPENSATION. The City Manager shall receive such compensation for his services and allowances as may be fixed by the City Council by resolution. SECTION 4: REMOVAL OR SUSPENSION. The City Manager may be removed or suspended by a majorit vote of the entire City Council adopting such action. SECTION 5: ATTENDANCE AT COUNCIL MEETINGS. The City Manager shall be entitled to a seat on the council and shall have the right to take part in the discussions on all matters coming before the council relative to administrative functions of the municipality but shall have no vote therein. S~CTION 6: POWERS AND DUTIES. The City Manager shall be responsible to the City Council for the proper administration of the affairs of the city and to that end he shall have the power and shall be required to: (a) See that all laws and ordinances of the city are enforced. (b) Appoint, and when necessary for the good of the city, remove all officers and employees of the city, except the City Attorney and Municipal Judge, all subject to the approval of the City Council, and subject to the provisions of the municipal civil service merit system; (c) Endorse on all contracts, or other instruments, in writin in which the city is interested, his approval of the substance thereof; in addition, the City Manager shall be authorized to countersign all vouchers and checks of the city; -2- (d) Prepare the budget annually and submitting it to the City Council for their approval and be responsible for its administration after adoption; (e) Arrange for the preparation of and submit to the City Council as of the end of each fiscal year, a report on the financial and admin: trative activities of the city for lhe preceding year; (f) Keep the City Council advised of the financial condition and future needs of the City and make such recommendations as may seem to him desirable; (g) Perform such other duties as may be prescribed by the City Council in accordance with the Charter and Ordinances of the city. SECTION 7: BOND. Upon appointment of an individual to the office of City Managel and during his tenure of office, the City shall, at its expense, procure and maintain a proper fidelity and indemnity bond in the minimum amount of $10, 000.00 covering any person so appointed to the said office of City Manage in connection with the exercise and execution of the duties of said office. SECTION 8: SEPARABILITY. If any section, sub-section, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate distinct and independent provision and sudaholding shall not affect the vatidit' of the remaining portions hereof. SECTION 9. AUTHORITY TO CODIFY. Specific authority is hereby granted to codify and incorporate this ordinance in the existing city code. SECTION 10. REPEALING PROVISIONS. All ordinances or parts of ordinances in conflict herewith are ~epea]~e!d. Ordinance No. 61-22 of the CITY OF BOYNTON BEACH, FLORII -3- providing for the creation of the office of City Administrator is deemed io be supersede~ by this ordinance and said ordinance No. 61-22 is hereby repealed in its entirety° SECTION 11: EFFECTIVE DATE. This ordinance is deemed to be an emergency measure and shall take effect immediately upon passage. PASSED and ADOPTED this A. D. 1962. (CORPORATE SEAL) CITY OF BOYNTON BEACH~ By FLORIDA Mayor -4-