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O-172-C . . CODE ORDINANCES N~ 494 ORDINANCE NO. 172-C AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING CHAPTER TWO (2); PROVIDING FOR ADMINISTRATION OF THE CITY OF CLERMONT; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. THE CITY COUNCIL OF THE CITY OF CLERMONT LAKE COUNTY, FLORIDA, HEREBY ORDAINS THAT: Chapter two (2) of the Code of Ordinances relating to administration is hereby repealed and a new Chapter two (2) is hereby created to read as follows: SECTION 1. Fees Paid to City. It shall be unlawful for any officer or employee of the City to retain any fees which may be paid to him under the provisions of any ordinance of the City which provides for the collection of fees. All such fees as are collected by any officer or employee of the City shall be forthwith paid by such officer or employee to the Finance Director, who will deposit such funds to the credit of the particular fund which is entitled to such fees. SECTION 2. Official Committees, Boards, and Commissions. a. The City Council may create special committees by record vote. Appointments to special committees, or to any official board or commission shall be made by City Council, except as provided by the Charter or by the Council. b. Qualifications for membership on any official committee, board, or commission, except for special technical advisory committees, shall be the same as qualifications for City Council, except as otherwise provided by law, ordinance, or by majority vote of City Council. c. At its first regular meeting in January of each year, or as soon as possible thereafter, appointments will be made to all vacancies on committees, boards, and commissions. Vacancies occuring before the expiration of a term shall be filled as soon as practical after the vacancy occurs. d. Any member shall forfiet his office if he: (1) Lacks at any time during his term of office any qualifications for the office; (2) Is convicted of a crime involving moral turpitude, or (3) Fails to attend three consecutive regular meeting of his board without having been excused by the board. . . CODE ORDINANCES ORDINANCE NO. 172-C N~ 495 SECTION 3. Representing the City. No person may represent the City before any body, group, board, or person whatso- ever and obligate the City in .any manner, without authority to do so granted by the City Council. SECTION 4. City Clerk; Minute Book of Council; Record and Publication of Ordinances. The Clerk shall record all proceedings of the Council and enter same in the minute book, which shall be available to the public during regular business hours of his office. The Clerk shall maintain separate books for the recording and preserving of all ordinances duly passed and adopted by the Council. Copies of the ordinance passed or resolution adopted need not be placed in the minute book. The City Clerk shall cause all notices of public hearings and other legal announcements to be published and posted according to law. All proofs of publication of notices pertaining to and ordinance or resolution shall be preserved. SECTION 5. City Attorney; Office Created; Duties. The City Council shall appoint a person as City Attorney and provide for his compensation. The City Attorney shall be a person admitted to the bar and licensed to practice in all courts of the State of Florida, and shall be appointed solely on the basis of his qualifications for the office. He shall have such duties as pre- scribed by the Council. SECTION 6. City Engineer; Office Authorized. The Council may create the office of the City Engineer; and with the advice of the City Manager, appoint a qualified person to such office; and prescribe his duties. SECTION 7. Compensation of Council Member. a. The Mayor shall receive compensation or salary of ONE HUNDRED AND NO/100 DOLLARS ($100.00) per month. Reasonable expenses incurred in the performance of the duties of this office shall be paid by the City. b. The City Councilmen shall receive compentation or salary of SEVENTY-FIVE AND NO/100 DOLLARS ($75.00) per month. Reasonable expenses incurred in the performance of the duties of this office shall be paid by the City. . . CODE ORDINANCES N~ 496 ORDINANCE NO. 172-C SECTION 8. Purchasing a. The City Manager or purchasing agent shall authorize expenditures fòr operational purchases of not more than TWO THOUSAND AND NO/100 DOLLARS($2,000.00) and and for capital expenditures of not more than ONE THOUSAND AND NO/100 DOLLARS ($1,000.00). The City Council shall authorize expenditures in excess of TWO THOUSAND AND NO/100 DOLLARS ($2,000.00) for operational expenditures and ONE THOUSAND AND NO/100 DOLLARS ($1,000.00) for capital expenditures. b. All purchases of and contracts for supplies and services, and all sales of real or personal property which have become obsolete and unuseable and which are declared surplus by the City Council, shall be based whenever possible on competitive bidding. c. All supplies and contractural services which the estimated cost thereof exceeds THREE THOUSAND AND NO/100 DOLLARS ($3,000.00) shall be purchased by formal, written contract from the lowest responsible bidder, after due notice inviting the bids. Nothing herein shall prevent a bid other than the lowest bid from being accepted if the City Council determines that there is good and sufficient reason to do so. In determining "lowest responsible bidder", in addition to price, the City Council shall consider: (1) The,ability, capacity and skill of the bidder to perform the contract or provide the service required; (2) Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference; (3) The character, integrity, reputation, judgement, experience and efficiency of the bidder; (4) The quality of performance of previous contracts or services; (5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service; (6) The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service; (7) The quality, availability and adaptability of the supplies, or contractural services of the particular use required; . . CODE ORDINANCES N~ 497 ORDINANCE NO. 172-C (8) The ability of the bidder to provide future maintenance and service for the subject of the contract; and (9) The number and scope of conditions attached to the bid. (10) Other good and sufficient reasons. d. In the case of tie low bids from two or more responsible bidders, the purchase shall be made from the local bidder; or if all low bidders are local, the award shall be made by drawing lots. e. Nothing herein shall prevent the City from participating in any governmental or other cooperative purchasing contracts. SECTION 9. All ordinances or parts of this ordinance in conflict herewith are hereby repealed. SECTION 10. Should any section or part of this section be declared invalid by any Court of competent jurisdiction, such adjudications shall not apply or affect any other provision of this Ordinance, except to the extent that the entire section or part of the section may be inseparable in meaning and effect from the section to which such holding shall apply. SECTION 11. This Ordinance shall be published as provided by law and it shall become law and shall take effect 30 days from the date of its Second Reading and Final Passage. PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, THIS 25th DAY OF April , 1978 CITY OF CLERMONT BY: CLAUDE E. Gl ATTEST: o D~~'A) 1; ~~AAP¿. DOLORES W. CARROLL - CITY CLERK . . j; ORDINANCE- NO... 172-C APPROVED by me this 25th day of April , 1978 ti~ CERTIFICATE OF PUBLICATION I HEREBY CERTIFY that a certified copy of the foregoing Ordinance No. 172-C was published on the 6th day of April , 1978, in a newspaper of general circulation located within the City of Clermont, as required by Florida Statutes 166.041 (3)(a), said date of publication being 14 days prior to the Second Reading and Final Adoption of the Ordinance. LC1~OA) !t/ CA/1lfL DOLORES W. CARROLL - CITY CLERK