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HomeMy WebLinkAboutO-2002-021 ORDINANCE NO. 2002-021 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE FINANCE DIRECTOR TO SIGN CHECKS FOR THE PAYMENT OF MONEY BY THE CITY; AMENDING THE CITY CHARTER (SECTION 1 OF ARTICLE 6 OF PART VII OF THE CITY CHARTER) AND SECTION 2-9 OF THE CITY CODE OF ORDINANCES TO PROVIDE FOR SUCH CHECK SIGNING AUTHORITY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, as a result of changes to the City Charter which were approved by the City electorate, which changes provided for the realignment of duties of certain City officials, including the City Manager and department heads, the authority to sign City checks for the payment of money, as a listed duty of the Finance Director, was inadvertently omitted from the Charter as one of the prescribed duties of such Director; and WHEREAS, it is necessary to authorize the Finance Director to sign checks for the payment of money by the City as otherwise prescribed by the applicable Charter provision and to add to the list of duties of such Director in Section 2-9 of the City Code of Ordinances the express authority to sign checks; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. The Finance Director is authorized to sign checks for the payment of money by the City. F:/566001:/Ordinances:/Finance Director authority to sign 1 ORDINANCE NO.2002-021 Section 2. Part VII, Article 6, Section 1 of the City Charter, which Section is entitled "Checks and warrants", is amended to read as follows: Sec. 1. Checks and warrants. All checks and warrants for the payment of money shall be signed by the finance director, or in his or her absence, by the city clerk or, in his or her absence, by the deputy city clerk, and countersigned by the city manager, or, in his or her absence, countersigned by the mayor. For a check or warrant that does not exceed the sum of one thousand five hundred dollars ($1,500.00), one of the two (2) required signatures may be a facsimile. During vacations or unusual conditions or emergencies, the city commission may, by resolution, authorize or designate additional city officials to countersign all checks and warrants. Section 3. That Section 2-9 of the City Code of Ordinances is amended to read as follows: Sec. 2-9. Department of finance created, duties. (a) Created. Pursuant to the general authority given by Section 1, Article 1, Part III of the charter, the department of finance is created. • (b) Director established. The position of finance director is created and such person shall be deemed to be a department head of the city having both executive and administrative duties. The finance director shall be appointed by the city manager at a salary established by the city manager and shall be subject to the supervision and direction of the city manager and shall perform all duties of a budgetary or financial nature which are delegated to him or her by the city manager. The finance director may be terminated by the city manager. (c) Duties. The finance director shall perform the following duties: (5) Issue all warrants and sign checks for the payment of money by the city. Section 4. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with this ordinance are repealed to the extent of such conflict. Section 5. That if any section, clause, sentence or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. P/56600110rdinancesffinance Director authority to sign 2 ORDINANCE NO.2002-021 Section 6. That this ordinance shall be in force and take effect immediately upon adoption. PASSED AND ADOPTED on first reading on April 23, 2002. PASSED AND ADOPTED on second readin 4„ 2002. RO ERT H. CHUNN, JR. MA OR — COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA - YES CHARLENE J H SON COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR FLURY - YES MAYOR CHUNN - YES APPROVED ASSn TO ORM AND CORRECTNESS: BY: - i THO AS1J. AN BRO CITY ATTORNEY F:/566001:/Ordinances:/Finance Director authority to sign 3 ORDINANCE NO.2002-021 x; t . r CITY OF DANIA BEACH k$ MEMORANDUM TO: Mayor and Commissioners cc: Ivan Pato, City Manager David Keller, Finance Director Charlene Johnson, City Clerk r FROM: Tom Ansbro, City Attorney DATE: April 12, 2002 6 RE: Proposed Ordinance for"Check Signing Authority" for Finance Director It was recently discovered that, as a result of Charter amendments approved several years ago by the electorate, which, among other things, realigned the responsibilities of department directors, the authority of the Finance Director to "sign checks" had been inadvertently omitted from the detailed list of duties. When the omission was first discovered, a temporary stop-gap Resolution was adopted by the Commission to provide such authorization. However, the Charter and Code of Ordinances were not subsequently amended. Attached is a proposed ordinance to address that"housekeeping"matter. This is now ready for City Commission adoption. TJA:slw Attachment SUN - SENTINEL PUBLISHED DAILY ONEARING. BEFFORREE C CITITY.. COMMIS- FORT LAUDERDALE, BROWARD COUNTY, FLORIDA SION CITY.;,'OF DANIA BEACH, .'FLORIDA, RE- BOCA RATON, PALM BEACH COUNTY, FLORIDA GARpING ADOPTION OF THE,: FOLLOWING PRO- MIAMI, MIAMI DADE COUNTY, FLORIDA POSED NOTICE ORDINANCE GIVEN that the City Commission' of the City of Dania Beach, Florida,on May 14,2002,., STATE OF FLORIDA at 7:00 p.m., or as soon] thereafter as the matter COUNTY OF BROWARD/PALM BEACH/MIAMI DADE maybe heard, will.con- BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED duct a public hearing in the: City Commission Chambers of the Dania Beach City Hall, 100 west WHO,ON OATH,SAYS THAT Dania .Beach.Boulevard, DaWa HE/SHE IS A DULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED cononsisi Beach, Florida to cder the proposed DEPARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED adoption of the following Ordinance entitled: IN BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE AN'°ORDINANCE. OF THE CITY OF , ATTACHED COPY OF ADVERTISEMENT, BEING A: FLORIDA, DANIA AU HORIIZ NG THE- FINANCE DIRECTOR TO,SIGN CHECKS FOR-THE SIGN CHECKS. PAYMENT OF MONEY BY THE-CITY;AMENDING THE i CITY CHARTER(SECTION 1 IN THE MATTER OF: OF ARTICLE 6 of PART Vil OF THE CITY CHARTER) AND SECTION 2-9 OF THE CITY CODE OF ORDINANC- Sign Checks ES TO PROVIDE FOR SUCH CHECK SIGNING AUTHORI- TY;-PROVIDING FOR CON- IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE FLICTS; PROVIDING FOR SEVERANCE; FURTHER, ISSUES OF: PROVIDING FOR AN'EF- FECTIVE DATE. A copy of this.proposed 4/26,1 D 10873316 Ordinance is on file in the Office of the City Clerk. City Hall, 100 West Dania AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER Beach Boulevard, Dania Beach, Florida,,and.may PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, beirlspectedby the public during normal working AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY hours. ® PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, pearestedpartiesmey.ap - ear at. the aforesaid EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE meeting and be heard with respect to the pro- POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLORIDA, posed. Any person who decidFOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF cision to appeal he City'; cision made by the Clty' ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT Commission with respect to"any matter considered HE/SHE HAS NEITHER PAID, NOR PROMISED,ANY PERSON, FIRM, OR at ttils hearing wiH need a rercCORPORATION,ANY DISCOUNT, REBATE, COMMISSION, OR REFUND, FOR THE an dfo of the proceedings and for such purpose may PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID need to ensure.that a ver- batim record of the pro- 7/4///t/( APER. ceedings is made, which record includes the testi- mony and evidence upon / L which the appeal is to be based. (SIGNATU E' AFFIANT) In accordance with the American with Disabilities Act, persons needing as SWORN TO AND SUBSCRIBED BEFORE ME a any _ofny -ofe to participate mI the proceedings ON: 26-April-2002 A.D. should contact Chprlene Johnson, City clerk,.100 west Dania Beach Boule- 7 vard,Dania Beach,Florida 33004, (954) 924-3622 at least 48 hours prior to the meeting. SIGNATU 4IOTr p1 �C Is/Charlene Johnson ( �� J7tti t7 iS2C ci�� 1 i11f) April 26,2002 � Commission#CC 944074 -- '5.• o: Explrim July 24,2004 Bonded Thru "jiiFnto" Atlantic Bonding Cc,Inc. (NAME OF NOTARY,TYPED, PRINTED, ORS AMPED) PERSONALLY KNOWN OR PRODUCED IDENTIFICATION