0601 Duties of City Clerk & Finance Director 1
ORDINANCE NO. 601
AN ORDINANCE AMENDING THE CITY OF OKEECHOBEE, FLORIDA, CODE OF
ORDINANCES; PROVIDING FOR THE TRANSFER OF CERTAIN
RESPONSIBILITIES PREVIOUSLY ASSIGNED TO THE OFFICE OF THE CITY
CLERK TO OTHER DEPARTMENTS OF THE CITY; AMENDING SECTION 2 -1
PERTAINING TO THE GENERAL DUTIES OF THE CITY CLERK; PROVIDING FOR
THE ASSIGNMENT OF ADDITIONAL DUTIES TO THE CITY CLERK BY THE
COUNCIL BY ORDINANCE OR RESOLUTION; AMENDING SECTION 2 -96 TO
PROVIDE THAT THE FINANCE DIRECTOR IS DESIGNATED AS THE
WITHHOLDING AND REPORTING AGENT AND THE CUSTODIAN OF FUNDS
WITHHELD FROM COMPENSATION OF OFFICERS AND EMPLOYEES OF THE CITY
AND OF FUNDS APPROPRIATED BY THE CITY FOR SOCIAL SECURITY
PURPOSES; AMENDING SECTION 4 -23 PERTAINING TO ISSUANCE OF DOG AND
CAT LICENSES; PROVIDING FOR SUCH LICENSES TO BE ISSUED BY THE
DEPARTMENT OF GENERAL SERVICES; AMENDING SECTION 8 -17 PERTAINING
TO THE ISSUANCE OF PERMITS FOR GARBAGE OR TRASH DISPOSAL;
PROVIDING FOR SUCH PERMITS TO BE ISSUED BY THE DEPARTMENT OF
GENERAL SERVICES; AMENDING SECTION 10 -6 PERTAINING TO THE SALE OF
OCCUPATIONAL LICENSES; PROVIDING FOR THE SALE OF SUCH LICENSES BY
THE DEPARTMENT OF FINANCE; AMENDING SECTION 10 -7 PERTAINING TO
THE ISSUANCE OF OCCUPATIONAL LICENSES; PROVIDING FOR THE ISSUANCE
OF SUCH LICENSES BY THE DEPARTMENT OF FINANCE; AMENDING SECTION
10 -8 TO PROVIDE THAT THE DEPARTMENT OF FINANCE SHALL ASSURE
COMPLIANCE WITH LICENSING REQUIREMENTS; AMENDING SECTION 10 -10 TO
REQUIRE THE CONSENT OF DIRECTOR OF THE DEPARTMENT OF FINANCE FOR
THE TRANSFER OF OCCUPATIONAL LICENSES; AMENDING SECTION 10 -28 TO
REQUIRE DISTRESS SALE PERMITS TO BE OBTAINED FROM THE DEPARTMENT
OF FINANCE; AMENDING SECTION 10 -30 TO PROVIDE FOR THE ISSUANCE OF
DISTRESS SALE PERMITS BY THE DEPARTMENT OF FINANCE; AMENDING
SECTION 15 -5 TO PROVIDE FOR THE PAYMENT OF THE PUBLIC SERVICE TAX
TO THE DEPARTMENT OF FINANCE; AMENDING SECTION 16 -3 TO REQUIRE
THE FILING OF APPLICATIONS FOR TAXICAB BUSINESS PERMITS WITH THE
DEPARTMENT OF GENERAL SERVICES; AMENDING SECTION 16 -5 TO PROVIDE
FOR THE PROCESSING OF TAXICAB PERMIT APPLICATIONS THROUGH THE
DEPARTMENT OF GENERAL SERVICES; AMENDING SECTION 16 -8 PERTAINING
TO TAXICAB BUSINESS PERMITS OBTAINED THROUGH THE DEPARTMENT OF
GENERAL SERVICES; AMENDING SECTION 16 -12 TO REQUIRE THE
DEPARTMENT OF GENERAL SERVICES TO ASSURE COMPLIANCE WITH
INSURANCE REQUIREMENTS FOR TAXICABS; AMENDING SECTION 16 -23 TO
REQUIRE CERTAIN REPORTS BY TAXICAB PERMIT HOLDERS TO THE
DEPARTMENT OF GENERAL SERVICES; AMENDING SECTION 16 -25 TO REQUIRE
REGISTRATION OF TAXICAB NUMBERS WITH THE DEPARTMENT OF GENERAL
SERVICES; AMENDING SECTION 16 -31 TO REQUIRE THE FILING OF TAXICAB
RATE CARDS WITH THE DEPARTMENT OF GENERAL SERVICES; AMENDING
SECTION 16 -34 TO REQUIRE THE DEPARTMENT OF GENERAL SERVICES TO
PRESCRIBE THE FORM OF TAXICAB MANIFESTS; AMENDING SECTION 16 -46
TO REQUIRE THE DEPARTMENT OF GENERAL SERVICES TO ISSUE TAXICAB
DRIVER OR OPERATOR PERMITS; AMENDING SECTION 16 -47 TO REQUIRE
APPLICATIONS FOR TAXICAB DRIVER OR OPERATOR PERMITS TO BE FILED
WITH THE DEPARTMENT OF GENERAL SERVICES; AMENDING SECTION 16 -48
TO PROVIDE FOR THE PROCESSING OF APPLICATIONS FOR TAXICAB DRIVER
OR OPERATOR PERMITS THROUGH THE DEPARTMENT OF GENERAL SERVICES;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
OKEECHOBEE, FLORIDA, AS FOLLOWS:
SECTION ONE: That Section 2 -1 of the City of Okeechobee,
Florida, Code of Ordinances is hereby amended to read as follows:
"Section 2 -1.
(a) The city clerk shall perform those duties prescribed by
the charter, general law, or such additional duties as directed
by the council, in the manner Erescribed by the council by
ordinance or resolution, however, such additional duties or
directives shall not affect the duties of The clerk or
distribution of powers among elected officers as set forth in the
charter.
(b) After the effective date of this ordinance, the city
clerk shall perform the following additional non charter duties,
which duties have either been traditionally performed by the city
clerk or have been Ereviously 2erformed at the request of the
council:
(1) maintain and keep the seal of the City of Okeechobee,
Florida;
(2) countersign all checks drawn against city funds; and
(3) serve as personnel administrator.
The council shall as soon as practicable after the effective
date of this ordinance set forth the manner and conditions of the
performance of such duties and same shall set forth in a
resolution of the council, as provided in subsection (a) above.
The duties set forth in subsection (b) (1) -(3) above MIT-be
modified in the future resolution of the council as provided
herein r
fb} The etty a erk she++ be furnished w a eheekbeek far
eeeh eheek seeettnt matnte by the etty; eenta4r4ng a stub
for eeeh eheek therein, and sueh stub he bear a eerreet reeerd
of the eheek tseued-
(c) The city council shall by resolution prescribe the form
of books of account and form of reports to be made by the city
clerk.
(d) The city clerk shall make such reports and furnish
such data as the council may require.
SECTION TWO:
"Section 2 -2
All payments of city funds shall be made by checks drawn
upon the city's depository bank or banks. Such checks shall be
signed by the mayor or his designate, which designate has been
approved by the council, and countersigned by the city clerk or
deputy clerk designated as approved by the council. In the event
of an emergency and where the mayor or his designate is
unavailable the vice -mayor is hereby authorized as signatory."
SECTION THREE: That Section 2 -96 of the City of Okeechobee,
Florida, Code of Ordinances is hereby amended to read as follows:
"Section 2 -96
The finance director etty a erk is hereby designated the
custodian of all sums withheld from the compensation of officers
and employees and of the appropriated funds for the contributions
of the city, and the finance director etty eterk is hereby made
the withholding and reporting agent and charged with the duty of
maintaining personnel records for the purpose of this division.
SECTION FOUR: That Section 4 -23 of the City of Okeechobee,
Florida, Code of Ordinances is hereby amended to read as follows:
"Section 4 -23
All dogs or cats kept harbored or maintained in the city
must be licensed and registered if over six (6) months of age.
Dog and cat licenses shall be issued by the Department of General
Services eff4ee of the etty eterk of the city's authorized agent
.such as the humane society which may be designated by the city
council, upon payment of a license tax of three dollars and fifty
cents ($3.50) per year for each dog or cat. The owner shall
state at the time the application is made for such licenses his
name and address, telephone number, if any, and the name, breed,
color and sex of each dog or cat owned or kept by him. Although
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required to be licensed as provided herein, the owners of any
Seeing Eye dogs to assist blind persons shall be exempt from
paying any license fee. Dog and cat licenses shall be issued for
a period of one year and shall run from the first day of October
in each calendar year to the thirtieth day of September next
following.
SECTION FIVE: That Section 8 -17 of the City of Okeechobee,
Florida, Code of Ordinances is hereby amended to read as follow:
"Section 8 -17
(a) No person shall, in any manner, dispose of or attempt
to dispose of garbage or trash in the city without having the
method and place of such disposal approved by the city council
and obtaining a permit therefore from the Department of General
Services erty- clerk, which permit shall cost seventy -five dollars
($75.00) per calendar year or any part thereof.
(b) Such person may elect to pay the regular garbage and
trash collection fee in lieu of such permit fee.
(c) Notwithstanding any provisions in this section to the
contrary, the Department of General Services erty -e3erk may issue
a permit to any person at no fee for a period of one week
permitting dumping of material which is determined by the city
council to be in the best interest of the city; it being the
principle purpose of this provision to authorize the dumping of
riprap and other building material such as concrete to bolster,
strengthen, or support the banks of Taylor Creek and where such
dumping shall be approved by the Corps of Engineers or other
state or federal agency exercising jurisdiction thereof.
SECTION SIX: That Section 10 -6 of the City of Okeechobee,
Florida, Code of Ordinances is hereby amended to read as follows:
"Section 10 -6
All licenses shall be sold by the Department of Finance
eity -clerk beginning September 1 of each year and shall be due
and payable on October 1 of each year and shall expire on
September 30 of the succeeding year, provided, the license tax
may be paid on the first business day following the last day of
the month without penalty, provided the last day of the month
falls on a weekend or holiday.
SECTION SEVEN: That Section 10 -7 of the City of Okeechobee,
Florida, Code of Ordinances is hereby amended to read as follows:
"Section 10 -7
Upon payment of the license tax imposed by this chapter the
Department of Finance eity -e3erh shall issue to the person paying
the same a receipt or license signed by the city clerk, which
receipt or license shall expire at the end of the period for
which the same is issued as hereinabove specified."
SECTION EIGHT: That Section 10 -8 of the City of Okeechobee,
Florida, Code of Ordinances is hereby amended to read as follows:
'Section 10 -8
No occupational license shall be issued to any person
otherwise required by ordinance of the city or laws of Florida to
have a certificate of competency, a permit, or to have passed an
examination before engaging in a business or profession, or
required to have deposited a bond in said city, until such
person shall have exhibited to the Department of Finance erty
e3er# proof of having complied with such requirement."
SECTION NINE: That Section 10 -10 of the City of Okeechobee,
Florida, Code of Ordinances is hereby amended to read as follows:
'Section 10 -10
(a) No license shall be transferred from person to person
or place to place, or the business name or classification changed
except, upon the consent of the Director of the Department of
Finance e3ty -e3erh in writing.
(b) All business licenses may be transferred to a new owner
when there is a bona fide sale of the business upon payment of a
transfer fee of three dollars ($3.00) and presentation of
evidence of sale and original license.
(c) Upon written request and presentation of the original
WA, 10- it° I
license, any license may be transferred from one location to
another location in the city upon payment of a transfer fee of
three dollars ($3.00)."
SECTION TEN: That Section 10 -28 of the City of Okeechobee,
Florida, Code of Ordinances is hereby amended to read as follows:
"Section 10 -28
Before any person shall conduct a distress sale in the city,
he shall obtain a permit therefor from the Department of Finance
eity- e]erk."
SECTION ELEVEN: That Section 10 -30 of the City of Okeechobee,
Florida, Code of Ordinances is hereby amended to read as follows:
"Section 10 -30
The applicant for a distress sale permit shall pay to the
Department of General Services erty- t ier# a permit fee of two
hundred fifty dollars ($250.00) for each sale. Upon filing of
such application and affidavit and payment of said fee, the
Department of General Services eity -elerk shall issue a permit."
SECTION TWELVE: That Section 15 -5 of the City of Okeechobee,
Florida, Code of Ordinances is hereby amended to read as follows:
"Section 15 -5
It shall be the duty of every seller of electricity, bottled
gas (natural or manufactured) or local telephone service to
collect from the purchaser, for the use of said city, the tax
hereby levied, at the time of collecting the selling price
charged for each transaction, and to report and pay over, on or
before the fifteenth day of each calendar month, unto the
Department of Finance eity- all such taxes levied and
collected during the preceding calendar month. It shall be
unlawful for any seller to collect the price of any purchase of
electricity, bottled gas (natural or manufactured), or telephone
service, without at the same time collecting the tax hereby
levied in respect to such purchase or purchases. Any seller
failing to collect such tax at the time of collecting the price
of any sale shall be liable to the city for the amount of such
tax in like manner as if the same had been actually paid to the
seller, and the mayor shall cause to be brought all suits and
actions and take all proceedings in the name of said city as may
be necessary for the recovery of such tax; provided, however,
that the seller shall not be liable for the payment of such tax
upon uncollected bills. If any purchaser shall fail, neglect, or
refuse to pay to the seller, the seller's said charge, and the
tax hereby imposed and as hereby required, on the account of the
purchase for which such charge is made, or either, the seller
shall have and is hereby vested with the right, power, and
authority to immediately discontinue further service to such
purchaser until the tax and the seller's bill shall have been
paid in full."
SECTION THIRTEEN: That Section 16 -3 of the City of Okeechobee,
Florida, Code of Ordinances is hereby amended to read as follows:
"Section 16 -3
Application for a permit to engage in the taxicab business
shall be filed with the Department of General Services eity- elerh
in writing verified by the applicant, and shall specify the
following matters:
(a) The name and address of the applicant. If a
corporation or partnership, the name and address of all
officers or partners.
(b) Age and length of time applicant has resided in the city
or the county.
(c) The experience of the applicant in the transportation of
passengers.
(d) Any facts which applicant believes tend to prove that
public convenience and necessity require granting a permit.
(e) The number of vehicles to be operated by the applicant.
(f) Location of proposed depots and terminals.
(g) Color scheme or insignia to be used to designate
vehicles of applicant.
(h) The make, year, model and motor number of each vehicle
5 06,92(078c 6O/
to be used as a taxicab.
(i) All persons who have an interest in the business.
(j) Name and address of three (3) residents of the city as
references.
(k) Previous business connections or employment of the
applicant for the past five (5) years.
(1) Previous residences of the applicant for the past five
(5) years.
(m) Location of the main office.
(n) All prior driving citations and accidents involving the
applicant for the past five (5) years.
(o) Hours or proposed operation."
SECTION FOURTEEN: That Section 16 -5 of the City of Okeechobee,
Florida, Code of Ordinance is hereby amended to read as follows:
'Section 16 -5
Upon the filing of the application and the payment of the
fee required by section 16 -4, the Department of General Services
eity-eatrk shall report the receipt of the application to the
city council and refer it to the mayor and chief of police for
investigation, who shall make their recommendations thereon the
to city council."
SECTION FIFTEEN: That Section 16 -8 of the City of Okeechobee,
Florida, Code of Ordinances is hereby amended to read as follows:
'Section 16 -8
Every taxicab business permit shall be obtained at the
office of the Department of General Services eit' -eierk by the
person entitled thereto and a copy thereof shall be sent by the
De ?artment of General Services eity-eleTk to the office of the
chief of police, where it shall be kept on file."
SECTION SIXTEEN: That Section 16 -12 of the City of Okeechobee,
Florida, Code of Ordinances is hereby amended to read as follows:
'Section 16 -12
The holder of a taxicab business permit hereunder shall
maintain on file with the city an indemnity bond or bonds or an
insurance policy or policies covering each and every taxicab
operated under such permit, with the following minimum limits or
liability:
(a) For bodily injury to one person, $100,000.00.
(b) For bodily injuries to more than one person arising out
of the same accident or event, $300,000.00.
(c) Property damage, $50,000.00
Such bond or bonds or policy or policies shall be submitted
to the city attorney, who shall advise the Department of General
Services eity -e3e in writing of the vehicles for which valid
and acceptable policies have been filed."
SECTION SEVENTEEN: That Section 16 -23 of the City of Okeechobee,
Florida, Code of Ordinances is hereby amended to read as follows:
'Section 16 -23
All persons engaged in the taxicab business in the city
shall render an over -all service to the public desiring to use
taxicabs. Holders of taxicab business permits shall maintain a
central place of business, which shall be designated as a depot
for the purpose of receiving calls and dispatching cabs. Each
taxicab for which a certificate has been issued shall be kept on
duty at all times between the hours of 6:00 a.m. and 8:00 p.m. of
each day at the depot of the holder thereof and each holder shall
have one driver on duty at all times between the hours of 6:00
a.m. and 8:00 p.m. of each day for each taxicab operated by said
holder, and the name and address of each driver shall be
furnished by the holder to the council by reporting the same to
the Department of General Services eity- eierk. Each holder shall
give the name, address or location of each depot maintained by
said holder, which depot shall provide proper waiting rooms for
passengers and which depot shall be properly maintained and kept
in sanitary condition and shall not be in violation of the city
codes, rules or regulations. Each holder shall list with the
Department of General Services eity -e1erk all telephone numbers
04Acutv (poi
used by each holder in the taxicab business.
Each holder who has been issued certificates for more than
one taxicab shall furnish the general public with taxicab service
on a twenty -four (24) hours basis and shall have at least one
r taxicab, with driver on duty at said operator's depot during the
hours between 8:00 a.m. and 6:00 p.m. of each day, provided, that
no holder of only one certificate shall be required to maintain
service to the public between the hours of 8:00 a.m. and 6:00
p.m. each day, and provided further, that any two (2) or more
holders of more than one certificate may request permission of
the city council to operate a minimum of only one taxicab from
one depot during the hours between 8:00 p.m. and 6:00 a.m. At
the time of such request, the plan of such operation shall be
submitted to the city council and such plan must be approved by
the city council."
SECTION EIGHTEEN: That section 16 -25 (e) of the City of
Okeechobee, Florida, Code of Ordinances shall be amended to read
as follows:
"Section 16 -25(e)
(e) Each taxicab shall bear an identifying number, which
shall be registered with the Department of General Services erty
clerk. No two (2) taxicabs shall have the same identification
number."
SECTION NINETEEN: That Section 16 -31 of the City of Okeechobee,
Florida, Code of Ordinances shall be amended to read as follows:
'Section 16 -31
Each taxicab operated under this chapter shall have a rate
card setting forth the rates of fare charged by the owner,
displayed in such a place as to be in view of all passengers, and
the taxicab business permit holder shall file a copy of such rate
card with the Department of General Services el-Cy—clerk. No
business permit holder or driver of a taxicab shall charge a
greater sum for the use of a taxicab than in accordance with said
rate card."
SECTION TWENTY: That Section 16 -34 of the City of Okeechobee,
Florida, Code of Ordinances shall be amended to read as follows:
'Section 16 -34
Every driver shall maintain a daily manifest upon which are
recorded all trips made each day showing the time and place of
origin and destination of each trip and the amount of fare, and
all such completed manifests shall be returned to the business
permit holder by the driver at the conclusion of his tour of
duty. The forms for such manifest shall be furnished to the
driver by the holder and shall be of a character approved by the
Department of General Services eity- clerk. Every holder of a
taxicab business permit shall retain and preserve all drivers'
manifests in a safe place and said manifests shall be available
at all times for inspection by the city council, Department of
General Services eity-- e-3. -eik, police department, or any
authorized agent of the city council. Each holder shall keep
such manifests for at least three (3) calendar years."
SECTION TWENTY -ONE: That Section 16 -46 of the City of
Okeechobee, Florida, Code of Ordinances is hereby amended to read
as follows:
'Section 16 -46
No person shall operate or drive a taxicab within the city
without first having obtained a written permit therefor from the
Department of General Services city- e3erh. Such permits shall be
issued by the Department of General Services eity—clerk upon
approval by the city council, effective for the period from the
first day of October of one year to the thirty -first day of
September of the following year, or shall be effective for any
lesser period, terminating the thirty -first day of September.
NOV Upon the submission of a state chauffeur's driver's license by an
applicant, the city clerk may issue a temporary driver's permit
for a term not to exceed fourteen (14) days."
kAatlaM (PD
SECTION TWENTY -TWO: That Section 16 -47 of the City of
Okeechobee, Florida, Code of Ordinances is hereby amended
Am. to read as follows:
"Section 16 -47
mow Any person desiring a taxicab driver's permit shall
make application to the Department of General Services Oity
1-eT*c and shall -sti±± be required to furnish his fingerprints
and ay to pay sa c a three dollar ($3.00) investiga-
tion fee with such application. The investigation fee will be
paid into the general fund upon receipt."
SECTION TWENTY THREE: That Section 16 -48 of the City of
Okeechobee, Florida, Code of Ordinances is hereby amended to
read as follows:
"Section 16 -48
The Department of General Services amity ei-e shall
deliver such application and finger -print record to the Chief
of Police for investigation. The Chief of Police shall
conduct an investigation as to the behavior, character and
reputation of the applicant and report his findings to the
Mayor within five (5) days."
SECTION TWENTY -FOUR: That this Ordinance shall take effect
immediately upon its adoption.
Introduced for the first reading and set for final
hearing this 19th day of April, 1988.
"i
MAYOR 0.'LAND CH.
ATTEST:
-i''
44,-Jr ^s
BONNIE S. THOMAS, CITY CLERK
Passed and adopted on second reading and public hearing
this 3rd day of May, 1988.
C Cori.-
AYOR OAKLAND CHA' AN
ATTEST:
S
,606.
BONNIE S. T OMAS, CITY CLERK
6CLIM/1 U b6/