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5762-95 ORDINANCE ANC 110, 5762-95 .. AN OR .a.NP?A'a CE. 4.FF THE C1 1"Y . OF C LS:G's "-S.W1'kTJGR, FLORIDA, SUa. �ITTIT,iG TC THE CITY ELECTORS S PROPOSED AMENDMENT TO THE CITY CHARTER; AMENDING ARTICLE Iii' "O- PROVIDE ' FOR THE APPOINTMENT OF LEGAL DEPARTMENT STAFF BY T14E rTTY rr'TC3RNEY PROVIDE THAT THE CITY ATTORNEY .SHALT ESTABLISH THE SALARIES OF .ASSIST NT CITY ATT'OR KEYS PROVIDE CONSISTENCY IN THE MANNER OF REMOVING THE CITY ANAGER Al D THE CITY ATTORN3 Y; RE 3IRE' FHE CITY ATTORNEY O LIVE IN' THE; CI'.'Y OF CLEARWATER; PROVIDING FOR REFERENDUM ELECTION;IO PROVIDING IDI G FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY" COMMISSION OF THE CITY OF' CT:E RWArT"ER, FLORIDA: Section 1 . It is :hereby proposed that Section 4`. 02 of the City Charter be amended as follows Sec 4 . 02 . C1111itly attorney, legal department. There shall be a legal department, headed by the city attorney, operating under 't he 'authority of and responsible to the commission , 'the Iega'1 de artment shall consist of the city attorney, asm�istant city attorneys, #4,7hen appointed and authorized by the comml 2.o� , and such other staf ff -r � s t - eg: ap h pe-rsenne a,s the commission may d1rect . Section 2 . It is hereby proposed that Section 4 . 03 of the City Charter be amended as follows Sec 4 . D3 . Citjr attorney, appointmutent, removal, pe pation qualifications and duties. (a _ ry The ;�.�a.er attorney. .ha1_�_ be appointed by the af..:ii^mati va vote o:l:.. .four C.ommais: ion members.. The bean of fir a % vote_of four commission members or h-v � ma _gr ty of the commiss i at two separate meetings held at least two weeks apart . - - Upon request by the city attorney a public hearing will be held: prn.or to a vote to remove the city attorney. The city attorney shall be a qualifiled attorney at law, admitted and currently eligible to practice before all of the courts of the State of Florida and the appropriate U. S . District Court ; and shall be a merber in good standing of the Florida Bar. The city attorney, eed,�nte a�?° sident o the c tv or stagy 3�e � me of of t xex�t but shall establ-ish residency within the cite it-hix oh.e year of the at)Do�:nt ent (b) The city attorney shall act as the legal advisor to the commission, the city manager and l.]. city departments, offices and agencies . When required. to do so by the comvm ssio-n,, the city attorney shall_ prosecute or defend, can behalf of the city, all complaints, suits and controversies in which the city , is a past °; and shall. ', re-Pare or review and approve as to fora and legal sufficiency all contracts,,bonds and other instruments t:ruments to .which the city is a party. The city attorney shall perform such other duties as may be directed by the city commission or the laws of Florida. (c) By letter, filed with the- commission, the 'city attorney shall: designate one or more assistant city attorneys to perform the duties of City attorney during his temporary absence or disability. The aforementioned designation shall he limited to a period. : of 60 days t the exp:i.ra:ion of this time, the commission` shall appoint an ix�terw � or ne=or city attorney in accordance with the provisions f the charter. d? :tee com an tine of the city attg M_Z shall be _.f xed bar a .aiority of all the 'commission members . Section 3 , It is hereby proposed that Section 4 . 04 (a) of the ' City Charter be amended as follows Seca 4.04 . Assistant anty attorneys, special counsel . (a, The city attorney shall appoint as many assistant city attorneys as author_Lzed by the city commission C �n�atiora for . the assistant citv att 'rrae s shail be established th city attorney and _an-oroyed by the commission. Section 4 . Tt is hereby proposed that Section. 4 . 05 of the Ci v Charter be repealed. Section 5 . ;N referendum election is hereby called and will he held on, March 14, 1995 ; at the general city election. for the cons iderar:ion by the voters of the City of Clearwater of the proposed: Charter amendments . The questions to appear can the referendum: ballot reflecting the proposed amendments to the Charter at the regular city election scheduled for March 14 , 1995 , shall he as follows : LEGAL DEPARTMENT Shall ;erections 4 . 022 and 4 . 04 of the City Charter be amended as provided in Ordinance -:70-2-95 to allow for the 2 appointment of staff by the city attorney 1: boon they approval of the commi.ss ion and to allow assistant cis'' attorney' s salaries -to be established by the citl attorney with. the approval of the commission? ES w �. For amendmFent, to City Charter G - Against amendment to City Charter CITY ATTORNEY Shall Section 4 . 03 of the City Charter be amended and Section . 3 e repealed as provided in Ordinance 5762-- 5 :� require the City .ttorney to �!i;re in Clearwater and to regaire an of fi.rma.tiv�e gate of four �ommiss��n me ��e�s at one meeting or a majority of the commissioners at two meetings at least two weeks apart to remove the city attorney YES - For amendment to City Charter NO Against amendment to City Charter Section 'S S . The City Cleric is directed to notify the Pinellas County St pervisor of Elections that the referendum ,item provided above' shall be considered at the election to be 'held on March 14 " Section 6 . This ordinance shall take effect immediately upon a o t-on. The amendment to the City Charter provided for herein, shall tare effects only upon approval of a majority of the City electors voting at the referendum election on t1heSe anal ,,,:.o the filing of the Amended. Charter with the Secretary of State PASSED ON FIRST READING January_ 1995 PASSED ON SECOND AND FINAL READING AND ADOPTED January [2. 1995 `�— �E a Garvey Mayor- - Mayor-Commissioner Attest Cynthia E. Goadeau Cit't� Clerk 3