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2021-01-07 Minute PacketCITY OF OKEECHOBEE CITIZENS CHARTER REVIEW ADVISORY COMMITTEE JANUARY 7, 2021 OFFICIAL MINUTES I. CALL TO ORDER Member Ritter called the regular meeting of the Citizens Charter Review Advisory Committee (CCRAC) for the City of Okeechobee to order on Thursday, January 7, 2021, at 6:00 P.M. in the City Council Chambers, located at 55 Southeast 3rd Avenue, Room 200, Okeechobee, Florida. The invocation was given by Member Chandler, followed by the Pledge of Allegiance. II. ATTENDANCE The following CCRAC Members were present: Suzanne Bowen, Noel Chandler, Jamie Gamiotea, Jeremy LaRue, Cary Pigman, Gary Ritter, Myranda Whirls and Hoot Worley. Member Sandy Perry was absent. A. Election of Chair Member Ritter opened the floor for nominationT or Chairperson. Member Worley nominated Gary Ritter. The nomination was seconded by Member Whirls together with a motion to close the nominations: Motion Carried Unanimously. Chairperson Ritter opened the floor for nominations for a Vice Chairperson, which is addressed per Resolution No. 2020-10. Memfjer Worley;' nominated Noel Chandler, which he respectively declined. Member Bowen then nominated Myranda Whirls. The nomination was seconded by Member Pigman together with a motion to close the nominations. Motion Carried Unanimously. B. Given all members Were not present at the initial meeting, each one introduced themselves, shared some information about their background and why they wanted to serve on this Committee. III. MINUTES A. Motion by Member Pigman, seconded by Member Chandler to dispense with the reading and approve the December 15, 2020, Regular Meeting minutes. Motion Carried Unanimously. IV. NEW BUSINESS A. City Attorney Fumero briefly reviewed Resolution No. 2020-10 again for the benefit of the committee members that were not in attendance at the initial meeting. This provides the outline of the Chair and Vice Chair duties, attendance requirement, the purpose of the committee, and a timeline of at least one year. Attorney Fumero explained once the Committee is ready with their recommendation, it will be presented to the City Council. The City Council can then choose to amend/modify the recommendations. The result will be formatted into one or multiple ordinances and placed on the ballot for the voters to decide on adoption. Chairperson Ritter inquired as to who the Committee Secretary would be. Administrator Montes De Oca clarified support staff in which Patty Burnette will be taking the minutes for the Committee. Administrator Montes De Oca and Executive Assistant Robin Brock will be the points of contact for the Committee. CCRAC MINUTES, JANUARY 7, 2021, PAGE 1 OF 2 IV. NEW BUSINESS ITEMS CONTINUED B. Attorney Fumero reviewed the current City of Okeechobee Charter that was provided to each member by the City Clerk's Office. He explained the three basic forms of government: Council -Manager (Weak Mayor), Mayor -Council (Strong Mayor) and Commission. Strong mayor being mayor -council form, which is directly elected by the citizens to that office; weak mayor being council-manager form, which is elected from within the city council, and commission form, which voters elect to a small governing board. Usually in a strong mayor system, an elected mayor would have direct administrative authority over the government and its departments. Under a weak mayor system, an appointed city manager would have that administrative authority. He pointed out the committee would need to decide whether to review and make recommendations for changes to the current Charter or start from scratch and create an entire new one. C. Sample copies of charters from the Cities of Crescent, Hollywood, Palm Coast and Sunny Isles Beach provided to the committee- members by Attorney Fumero were discussed. D. Administrator Montes De Oca mentioned the new Charter needs to be clear, consider not specifically listing department names, and to receive public input. E. The City will be creating a page on the website specifically where citizens can learn everything that is going on about the review and provide feedback. Each committee member will be provided a city email address to be used for conducting and receiving correspondences related to this committee. Attorney Fumero mentioned again about the "Sunshine Laws" and not to "reply aIr pack to emails that they may receive. F. Chairperson Ritter announced it had beep determined at the initial meeting that future meetings would be held at 6:00 P.M. with' the next one being on January 28th. Given some members that were absent at the first meeting having conflicts with that date, new meeting dates of February 11th, March 4th and 25th were decided upon to start at 6:30 P.M. The Committee:requeSted for the next meeting, a template of the current charter from the City Attorney to includta table of contents and a Bill of Rights section. Attorney Fumero commented he would be drafting a model city charter, based on his research of modern city charters in Florida, to be used as a starting point for committee discussions and development of charter amendments. V. ADJOURN MEETING There being no further items for discussion, the meeting was adjourned at 7:26 P.M. Submitted by: Patty M. Burnette Approved on: Please take notice and be advised that when a person decides to appeal any decision made by the Citizens Charter Review Advisory Committee with respect to any matter considered at this meeting, he/she may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. CCRAC MINUTES, JANUARY 7, 2021, PAGE 2 OF 2 in the matter of ,�'�.' INDEPENDENT NEWSMEDIA INC. USA Lake Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken Muros, who on oath says she is the Publisher of the Lake Okeechobee News, a weekly Newspaper published in Okeechobee County, lor}da, t t the. attached copy of an advertisement being a ``)Vic in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Lake Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Muros Swo n to and subscribeat_e ore me this day of f (° i- i'Y>a ��N tr 1)AD Notary Public, State of Florida at Large CITY Of OKEECHOBEE PUBLIC MEETING NOTICE CHARTER REVIEW COMMITTEE NOTICE: The Oilyof amahonees Maas Gana Rehav Ad/say Can- mttee(CCRA condrd a meetkigonIan7, 2021,5PM, aaswon theme as at Ely Hal, 55 SE aid AVE, Ron 200, Olmediobee, R. 'Me pubic Is Invled and TheaX Imaybeotfakied tom � mart BEADVISED that should youMendtoshow aydoa,ret pktum,Ndm aor mppyyyct plCha ore 'm�stbe ,**ia1tthe oae Ctok kr Me Otis reoada ANY PERSON DBCIMNGTO APPEALa y madeby ItteOCRACwthremelt°an matter mraidaedatNsn vawl neat to ensue a ve t4bn record of Um pioo3ed ig Is nee and the recoil bdides the tmtbnay and evtlenoe uSn which the appal wi be based In aomidanae wth the Amaimis wth Die bEw Att pamm wth needing tlspeidaIau.. m .muldIn Ns tklgsshoulddattad the ayRaw 1 Otte In pawn crcal b d-755ays i%14,F ig :Hata OM OR MORE QTY OF amp:H BFE OOUNm. MEMOS MAY BE IN ATTENDANCE TICE IS POSTED TO MEET STATE PUBLICAT NOTICE AND SUNSHINE TAWS. Drlane (anlofea,CMC,CB/ Clerk 448735 CND/73/2020 ��Fr Coa.L Qcinrvn 1a 5/ �o PUBLIC NOTICE CHARTER REVIEW COMMITTEE NOTICE: The City of Okeechobee's Citizens Charter Review Advisory Committee (CCRAC) will conduct a meeting on Thursday, January 7, 2021, 6:00 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, FL. The public is invited and encouraged to attend. The agenda may be obtained from cityofokeechobee.com/agendas.html. BE ADVISED that should you intend to show any document, picture, video or items to the CCRAC in support or opposition to any item on the agenda, a copy of the document, picture, video, or item must be provided to the City Clerk for the City's records. ANY PERSON DECIDING TO APPEAL any decision made by the CCRAC with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act, persons with disabilities needing special accommodation to participate in this proceeding should contact the City Clerk's Office in person or call 863-763-9814, Hearing Impaired: Florida Relay 7-1- 1 no later than four business days prior to proceeding. By: Lane Gamiotea, CMC, City Clerk POSTED: 12/21/20-BJ b. 1U(-; .e 0)10, cu(l C r.- t��n '' �0 ,(,� , , n r3Lt -; — YIL(Ci c --?) C CLC'ct ii.. 0-C I '61 L. ? 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I I r i --pip fia n fro -i-i cyi 4-6 ,ft. pi ,c)--‘,/q1 . icp, it•-_-_-_,,j ( , i i- ii-,ti ?.____, c y----- . 3'-f (-)'.- ' r; /.'2 '-:( •.,., : LAIlki, (4_ b 0 fY (0 0 ' 1,/ Patty Burnette From: Lane Gamiotea Sent: Thursday,January`77--2021-1-2:02-PM-- --- To: atP y urnette; Robin Brock Subject: Sandy Perry is having to quarantine -Can't attend tonight`' As', Zaire Eatwes coaltea, City Clerk/Personnel Administrator City of Okeechobee 55 SE 3rd Avenue, Room 100, Okeechobee, FL 34974 Office: 863.763.3372 ext. 9814, Fax: 863.763.1686, Cell: 863.697-0345 Under Florida law, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing, Florida Statute 668.6076. CITY OF OKEECHOBEE ELECTRONIC DEVICE DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your correspondence via e-mail, text message, voice mail, etc., may therefore be subject to public disclosure. KEEP CALM AND WASH YOUR HANDS 1 CITY OF OKEECHOBEE CHARTER REVIEW ADVISORY COMMITTEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 JANUARY 7, 2021 6:00 P.M. OFFICIAL AGENDA Committee Members Suzanne Bowen Noel Chandler Jamie Gamiotea Jeremy LaRue Sandy Perry Cary Pigman Gary Ritter Myranda Whirls Hoot Worley Ex Officio Members Marcos Montes De Oca Wes Abney I. CALL TO ORDER II. ATTENDANCE A. Election of Chair B. Introduction of previous absentees III. MINUTES A. Approve the December 15, 2020 minutes. IV. NEW BUSINESS A. B. C. D. E. F. Review Resolution No. 2020-10 regarding Charter Review Advisory Committee procedures. Review current City of Okeechobee Charter. Review sample charters of local municipalities. Discuss list of needed items by staff. Update regarding website and consolidated email/contact list for committee members. Consider upcoming meeting dates and next agenda items. V. ADJOURN MEETING PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the CCRAC with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk's Office in person or call 863-763-9814, Hearing Impaired: Florida Relay 7-1-1 no later than four business days prior to proceeding. elite i4( hIrkr Da-infies Patty Burnette From: City Attorney Sent: Monday, December 21, 2020 4:26 PM To: John Fumero Cc: Marcos Montes De Oca; Robin Brock; Carlyn H. Kowalsky; Missy Hernandez; Patty Burnette; Bobbie Jenkins; Lane Gamiotea Subject: Sample City Charters from municipalities within the state of Florida Attachments: CITY OF HOLLYWOOD CHARTER.pdf; CITY OF SUNNY ISLES CHARTER.pdf; CITY OF PALM COAST CHARTER.pdf; CRESCENT CITY CHARTER.pdf Dear CCRAC Members - For your reading enjoyment over the holidays, attached for your information and review are 4 different city charters from municipalities within the state of Florida who have reviewed and updated their city charters within the last five years or so. In my view these city charters provide you with good examples or templates of modern city charters. Certain city charters can be in excess of 100 pages of content. For the city of Okeechobee, I do not believe this is necessary. The attached city charters represent a cross-section of small cities in Florida, with the exception of the city of Hollywood which would categorize as a midsize to large municipality. As I mentioned at the inaugural meeting, one of the first items to address is whether CCRAC will be making targeted amendments to the existing city charter or instead replacing the existing city charter, in its totality, with a modern city charter. From a practical and legal standpoint, I believe the most workable approach would be to consider replacing the existing city charter with a modern version tailored to the issues and needs of the city of Okeechobee. I would recommend that you highlight those portions of the attached city charters which you find relevant or useful. Each sample city charter has different attributes. By way of example, the city of Sunny Isles includes a Citizens' Bill of Rights. Personally, I like the idea of codifying a Citizens' Bill of Rights in the city charter. Please let me know if you have any questions or comments. John J. Fumero CITY ATTORNEY CITY OF OKEECHOBEE keechobee FLORiDA I9I 1 Sa.nipfr Clharka crcwided b J. Ft ineiro s1Stnbu .i jlinta0 I TEM C, THE CHARTER FOR THE CITY OF CRESCENT CITY AND RELATED SPECIAL ACTS* *Editor's note — Unless otherwise noted, the provisions of this city charter and related special acts were adopted or incorporated pursuant to Ordinance 8501. SUBPART A — THE CHARTER ARTICLE 1. FORM OF GOVERNMENT AND POWERS Section 1.01. Purpose. We, the people of the City of Crescent City, do ordain and establish this amendment to the Charter of the City of Crescent City, Florida, in order to avail ourselves of all municipal home rule powers consistent with the Constitution and Laws of Florida. This is an amendment to the whole of the existing charter of the City of Crescent City, Florida; except the boundaries thereof. Any provision of the existing Charter or special acts in conflict with this amendment are hereby repealed. Section 1.02. Body corporate. The boundaries and corporate limits of the City of Crescent City now existing, and the residents therein, shall continue to be the body corporate and politic under the name of the City of Crescent City and, as such, shall have perpetual succession. Existing boundaries and corporate limits may be amended from time to time as provided by law. Editor's note —The following is the boundaries of the city at the time of adoption of Ordinance Number 8501: The territorial boundaries of the City of Crescent City, shall be fixed and defined as follows: That is to say, all of Sec. 19 in Township 12 5., R. 28 E., all of Sec. 30 in Twp. 12 8., R. 28 E., excepting a strip 10 chains in width across the entire South side of said Sec. 30; also the S.W. `/4 of the S.E. 1/4 of Sec. 18, Twp. 12 S., R. 27 E.; also the N.E. 'A and the E. %2 of the N.W. 'A and the N.E. '/a of the S.W. '/4 and the N. %z of the S.E. `/4 and the S.E. 'A of the S.E. /4 in Sec. 24, Twp. 12 5., R. 27E. Section 1.03. Powers. The city shall have all governmental, corporate, and proprietary powers to enable it to conduct municipal government, perform municipal functions, and render municipal services, and may exercise any power for municipal purposes except when expressly prohibited by law. State law reference —Home Rule Powers Act, F.S. Ch. 166. Section 1.04. Construction. The powers of the city under this Charter shall be construed liberally in favor of the city, and specific reference to particular powers in this Charter shall not be construed as limiting in any way the general power stated in this article. It is the intent of this article to grant to the city full power and authority to exercise all governmental powers necessary to provide for the health, safety, and welfare of all citizens of the City of Crescent City: Section 1.05. Severability clause. If any article, section, subsection, sentence, clause, or provision of this Charter is held to be invalid for any reason, such holding shall not be construed to affect the remainder of this Charter or any ordinances made thereunder. ARTICLE II. LEGISLATIVE: CITY COMMISSION Section 2.01. Composition. There shall be a City Commission consisting of five (5) members —four (4) Commissioners and the Mayor -Commissioner —all of whom shall be elected at -large for Four (4) year terms in the manner prescribed by Article VI below. Unless otherwise provided, reference to the office of Commission member in this Charter shall also apply to the office of Mayor - Commissioner. (Ordinance No. 12-02, 03-08-2012) Section 2.02. Eligibility and qualifications. Members of the city commission shall be registered electors residing in the municipality at least six (6) months prior to filing for election. Section 2.03. Forfeiture of office. Any member of the city commission who shall cease to reside within the city or to have or possess any of the qualifications herein imposed for members of the city commission or who shall, while in office, be convicted of a felony, shall forfeit the office, and the seat shall be deemed to be vacant immediately. Absence from three (3) consecutive regular meetings of the city commission shall operate to vacate the seat of a member unless a leave of absence is first granted -by the city commission or such absence is excused by the city commission by resolution setting forth the fact of such excuse, duly entered in the minutes. Section 2.04. Filling of vacancies. If the unexpired term is six (6) months or less, vacancies in the office of the city commissioner or mayor -commissioner shall be filled within twenty (20) days by the appointment of a successor by the majority vote of the remaining members of the commission. If the majority of the remaining members of the commission fail to fill the vacancy through appointment within the twenty (20) day period, a special election to fill the vacancy shall be called no later than sixty (60) days thereafter. Vacancies in the office of the city commissioner or mayor -commissioner, if the unexpired term is more than six (6) months, shall be filled by a special election called within sixty (60) days, or in a regular election if one is scheduled within ninety (90) days of the creation of such vacancy. Should the commission fail to provide for an election within the time required by the Charter, such election may be ordered by any court of competent jurisdiction. The qualifying for candidates for a special election to fill a vacancy shall be the same as provided for regular elections in this Charter. Any successor who fills a vacancy, whether by appointment or election, shall have and possess all the qualifications established by this Charter for the office being filled. Section 2.05. Extraordinary vacancies. If at any time the membership of the city commission is reduced to less than three (3), the governor shall make interim appointments to fill such vacancies, and the city commission shall forthwith call a special election to be scheduled not sooner than sixty (60) days or more than ninety (90) days following the occurrence of the vacancies. Section 2.06. Ineligibility for appointment. No commissioner during the term for which he/she has been elected or appointed, or for one (1) year thereafter, shall hold any salaried city office. Section 2.07. Oath of office. All commissioners and other officers of the city shall, before entering upon their duties, subscribe orally and in writing to an oath or affirmation pledging support to the Constitution and Laws of the United States and of Florida, faithful observance of the provisions of the City of Crescent City Charter and ordinances, and faithful discharge of their office. The oath or affirmation shall be in substantially the form prescribed for state officers by the Constitution of Florida, and the written form shall be filed and maintained as a permanent official record to the city. State law reference —Oath, F.S. § 876.05. Section 2.08. Recall. The mayor -commissioner or any other member of the commission may be recalled and removed from office as provided by general law. State law reference —Recall of municipal officers, F.S. § 100.361. Section 2.09. Compensation. The city commission may determine the compensation and benefits of the mayor - commissioner and other commissioners, but no ordinance increasing salary amounts or expense allowances shall become effective until the date of the commencement of the terms of commissioners elected at the next regular election, provided that such election follows the adoption of the salary ordinance by at least ninety (90) days. The city commission shall have the authority to establish a salary and expense allowance for the mayor -commissioner in excess of that authorized for other commissioners. Section 2.10. General powers and duties. All powers of the city shall be vested in the city commission except as otherwise provided by law and this Charter. The city commission shall be responsible for the reasonable exercise of those powers, and shall be required to provide for the performance of all duties and obligations imposed on the city by law. Section 2.11. Duties of mayor -commissioner. The mayor -commissioner shall preside at all meetings of the city commission and shall perform such other duties consistent with that office as may be imposed by the commission, and he/she shall have a voice and vote in the proceedings of the commission, but no veto power. The mayor -commissioner shall be considered as the official head of the city for ceremonial purposes, and shall be so recognized by the courts for the purposes of serving civil processes, and by the state and federal governments in the exercise of military law. The mayor- commissioner shall have no other powers and duties beyond those conferred by this Charter or by the commission in accordance with provisions of this Charter. Section 2.12. Vice -mayor. In the absence of the mayor -commissioner, the vice -mayor shall perform the duties of the mayor -commissioner. In the case of a vacancy in the office of the mayor -commissioner, the vice - mayor shall serve as mayor -commissioner until the vacancy has been filled as provided in Section 2.04. The vice -mayor shall be appointed for a one (1) year term at the organizational meeting of the city commission, by a majority vote, from the membership of the commission. In the absence or disability of both the mayor -commissioner and the vice -mayor, the city commission shall designate one of their number to act temporarily in the capacity of the mayor - commissioner. Section 2.13. Meetings of the city commission. The organizational meeting of the city commission shall be held at the city hail at 7:00 p.m. on the first Monday following the regular city election. The first order of business shall be the administering of the oath of office to the newly -elected members of the city commission and the appointment of the vice -mayor. Thereafter the city commission shall meet at such times as maybe prescribed by ordinance, except that it shall meet regularly not less than once each month. Special meetings may be called by the mayor -commissioner or any other three (3) commissioners upon at least twelve (12) hours written notice to each member, served personally, or left at his/her usual place of residence with some member of his/her family over the age of fifteen (15). This time requirement may be waived only by the consent of all commissioners. The city commission shall take all reasonable steps to ensure timely notice to the public of such special meetings which, at least, shall include notification of the local press and posting notice of the meeting in a central location designated by the commission for the purpose. Any regular or special meeting, on motion adopted by the city commission, may be adjourned and continued to a certain time provided there in compliance with the requirement of public notice. All regular and special meetings of the city commission, other than the specific exceptions provided by general law, shall be open to the public. All regular meetings shall be held at city hall, but special meetings may be scheduled at any location within the City of Crescent City upon passage of a resolution by the city commission to that effect. Section 2.14. Minutes and records. The city commission shall keep minutes of its proceedings and shall arrange for the electronic recording of those proceedings, to all of which any citizen shall have access at all reasonable times. The administrative ordinance of the city shall set forth detailed policy and procedures for ensuring the maintenance of a permanent record of all commission meetings and actions in such form that they are readily accessible and easily understood by the public. State law reference —Public meeting, F.S. § 286.0 11 et seq. Section 2.15. Rules. The city commission shall determine its own rules and order of business. In the absence of a rule, however, Robert's Rules of Order (latest edition) shall govern. Section 2.16. Quorum and voting. Three (3) members of the city commission shall constitute a quorum, but a similar number may adjourn from day to day and compel the attendance of absent members in such a manner and under such penalties as may be prescribed by ordinance. The affirmative vote of three (3) members of the city commission shall be necessary to adopt any ordinance. The affirmative vote of a majority of the quorum present at a meeting shall be necessary to approve any motion or resolution. All members in attendance, including the presiding office; shall vote "yea" or "nay" on all commission actions. When there is, or appears to be, a possible conflict of interest, as defined under general law with respect to a particular commissioner, the action prescribed by general law shall govern. Final action on motions, resolutions, and ordinances shall be taken by roll call and listed in the minutes. Section 2.17. Ordinances, resolutions, and motions. A. The city commission shall act only by ordinance, resolution, or motion. Except as otherwise provided by this Charter, the procedures and requirements of general law for the enactment of ordinances or resolutions shall govern. It is the purpose of this section, however, to implement the home -rule powers of general law which permit this Charter to specify additional requirements for the enactment of ordinances or resolutions and to define procedures in greater detail beyond the minimum standards set by general law. B. All ordinances and resolutions shall embrace but one subject and the matter properly connected therewith. The subject shall be clearly stated in the title, but no ordinance or resolution shall be held invalid because of a defective title. C. The enacting clause of all ordinances shall be: `Be it enacted by the City Commission of the City of Crescent City, Florida." D. In addition to the acts required by law or by specific provision of this Charter to be done by ordinance, the following actions of the city commission shall be by ordinance: (1) to adopt or amend an administrative code or establish, alter, or abolish any city department or administrative entity; (2) to establish a rule or regulation, the violation of which carries a penalty; (3) to grant, renew, or extend a franchise; (4) to set service or user charges for municipal services or granting administrative authority for such charges; (5) to authorize the borrowing of money, consistent with the limitations imposed by the Constitution and general law of Florida; (6) to convey or lease lands of the city; (7) to provide for the appropriation of funds or to amend an appropriation already made; (8) to amend or repeal an ordinance previously adopted, except as otherwise provided herein; or (9) to delegate to the administrative supervisor other powers, duties, and responsibilities in addition to those enumerated in Section 3.04 below. E. To meet a public emergency affecting the life, health, property; or the public peace and safety, the city commission may adopt one (1) or more emergency ordinances, but such ordinances may not levy taxes, grant, renew, or extend a franchise; set service or user charges for any municipal services; authorize the borrowing of money except as an emergency appropriation; or enact or amend a land use plan or rezone private real property. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendments or rejected at the meeting at which it is introduced, but the affirmative vote of at least four (4) members of the city commission shall be required for adoption. After its adoption, the ordinance shall be printed and published as prescribed for other adopted ordinances. It shall become effective upon enactment by the commission or at such time as specified in the ordinance, and shall expire as provided therein, but not to exceed sixty (60) days after the passage. This shall not prevent re-enactment of the ordinance under regular or emergency procedures, as the situation may warrant. F. Except as provided in paragraph (E), proposed ordinances shall be read by title, or in full, on at least two (2) separate days and shall, at least ten (10) days prior to adoption, be noticed once in a newspaper of general circulation in the municipality. The proposed ordinance shall, prior to adoption, be certified by the city attorney as meeting the requirement of law and form. And the commission, prior to taking final action, shall provide the opportunity for all persons present to be heard on the proposed ordinance. Nothing herein contained shall limit the right of the commission to amend such proposed ordinance prior to adoption, consistent with general law. G. All ordinances passed by the city commission shall become effective upon fmal adoption, unless otherwise provided therein. State law reference —Minimum procedure for adoption of ordinances, F.S. § 166.041. Section 2.18. Authentication, codification and publication of ordinances and resolutions. Every ordinance or resolution shall, upon its final passage, be recorded in a book kept for that purpose, and shall be authenticated by the signatures of the mayor -commissioner and the administrative supervisor. Copies of ordinances and resolutions after their enactment shall be available through the office of the administrative supervisor for purchase by the public. The city shall maintain and publish a codified and indexed compilation of all permanent ordinances and resolutions which have a continuing or prospective effect. Copies of such code shall be made available at cost to the public, together with timely updated supplements thereto. Section 2.19. Motions. All actions of the city commission which are not required to be by ordinance, and which are not taken by resolution, shall be taken by motion. ARTICLE III. ADMINISTRATIVE OFFICES AND DEPARTMENTS Section 3.01. Establishment of the office of administrative supervisor. There shall be an administrative supervisor who shall be the chief administrative officer of the city. The administrative supervisor shall be responsible to the city commission for the administration of all affairs of the city. hi addition to those duties and responsibilities mandated by this Charter to the administrative supervisor, the city commission shall be empowered to delegate other duties and responsibilities to the administrative supervisor as the orderly governance of the city may require. Such delegation of authority shall be by ordinance, pursuant to Section 2.17(D) of this Charter, and may be rescinded or modified by ordinance at any time, but not to exceed a period of one year from the date of enactment. If not rescinded or modified within that period, the ordinance delegating other duties and responsibilities to the administrative supervisor shall be deemed to have been incorporated and made a part of this Charter Section 3.02. Appointment and removal of the administrative supervisor. The administrative supervisor shall be chosen on the basis of executive and administrative experience, professional training, and other qualifications. The administrative supervisor shall be appointed by a majority vote of the full commission. The appointment shall be for an indefinite term, subject to termination at any time upon a three -fifths (3/5) vote of the full commission, with at least sixty (60) days' notice or sixty (60) days' severance pay. Action by the commission to remove the administrative supervisor shall be considered final, and the administrative supervisor shall have no vested rights of office other than those specifically provided in this Charter. Notwithstanding the action taken by the commission to remove the supervisor, the commission shall hold a public hearing if so requested in writing by the administrative supervisor. Section 3.03. Acting administrative supervisor. The administrative supervisor shall designate in writing, subject to commission approval, a qualified city administrative officer or employee to exercise and perform the duties of administrative supervisor during any period of temporary absence or disability. During such absence or disability the commission may revoke such designation at any time and appoint another officer or employee of the city to serve until the administrative supervisor shall return. Section 3.04. Powers and duties of administrative supervisor. The administrative supervisor shall have the power and shall be required to: A. See that all laws, provisions of this Charter, and acts of the commission subject to enforcement by the administrative supervisor, or by officers and employees subject to his/her direction and supervision, are faithfully executed; B. Direct and supervise the administration of all departments, offices, and agencies of the city; C. Recommend to the city commission the appointment and, when necessary for the good of the city, the removal of officers and employees of the city, except as otherwise provided by this Charter and the rules and regulations promulgated by the personnel ordinance adopted pursuant to this Charter; D. Prepare the budget annually for action by the city commission and submit to the commission a budget message and capital program in a format to be prescribed by ordinance; and to be responsible for the administration of the budget once it is officially adopted; E. Prepare and submit monthly to the city commission and the public a complete report on finances and administrative activities of the city during the previous month; F. Keep the city commission and the public advised of the financial condition of the city, and to make such recommendations to meet future needs as maybe deemed advisable for consideration by the commission; G. Serve as clerk to the city commission and be the custodian of the records and seal of the municipality; and attend all meetings of the commission and its committees, with the right to take part in the discussion but without having a vote; H. Sign contracts on behalf of the city pursuant to the provisions of the appropriate ordinances; and I. Perform such other duties as are mandated by this Charter or required by the city commission, provided, however, the commission shall not direct the administrative supervisor to take any action contrary to the provisions of this Charter. Section 3.05. Departments of the city. The commission shall have an administrative department, police department, fire department, public works department, and natural gas department, provided, however, that the city commission may by a vote of four -fifths (4/5) of the full commission establish, reorganize, abolish, or provide for the transfer of responsibilities between departments. The commission shall have the authority to create other administrative officers or positions or, except as otherwise provided by this charter, to reorganize, consolidate, or abolish existing administrative offices or positions. Section 3.06. Department heads. Department heads shall be appointed or removed by the administrative supervisor subject to approval by the city commission. Removal of a department head, however, shall be for just cause, and only after the department head has been provided with both notice and an opportunity to be heard with respect to the grounds for removal. Section 3.07. Administrative code. The administrative supervisor shall propose and the city commission shall amend and adopt, by a vote of four -fifths (4/5) of the full commission, an administrative code which shall set forth the departmental organization for the city commission, including charts showing the chain of command and the allocation of responsibilities and duties, definitions of the nature and scope of each department, and all required rules and procedures for administering said departments. ARTICLE IV. CITY ATTORNEY Section 4.01. Duties and responsibilities. The city commission shall appoint a city attorney who shall act as the legal advisor to, and attorney and counselor for, the city and all of its elected and appointed officers, all departments and divisions of the city, government, and all regulatory and advisory boards in all legal matters relating to their official duties. The city attorney shall prepare and/or review all contracts, bonds, and other instruments in which the municipality is concerned, and shall endorse on each his approval of the form and correctness thereof. No contract with the city shall be valid or take effect until his approval is so endorsed thereon. When required to do so, he shall defend for and in behalf of the city all civil complaints, suits, and controversies in which the city is a party. Prosecution of civil complaints, suits, and controversies of which the city is a party, shall be authorized by resolution of the city commission. When authorized by the commission and invested by the state attorney with the power to prosecute criminal actions, the city attorney may represent the state in the county court in the prosecution of violations of the ordinances of the city. The city attorney shall furnish to the city commission, its several commission members, the head of any department, or any officer or board not included in any department his opinion on any question of law relating to their respective powers and duties, but any such opinion shall be conveyed to all members of the commission. Section 4.02. Assistant city attorney. The city commission may authorize the city attorney to employ an assistant or to engage special counsel where the circumstances of a particular case warrant, subject to the approval of the terms of the contract by the commission as to compensation and the service to be rendered. Section 4.03. Qualifications and appointment of city attorney. The city attorney and any assistant city attorney shall be licensed to practice law in the State of Florida, and shall be a member of the Putnam County Bar Association in good standing. He/she shall not be required to be a registered elector residing in the municipality. He/she shall serve an indefinite term at the pleasure of the city commission and shall be compensated as determined by the commission. In addition to the specific duties imposed under this article, the city commission may assign additional professional duties to the city attorney so long as they are not inconsistent with general law or this Charter. ARTICLE V. CIVIL SERVICE Section 5.01. Adoption of civil service system. There shall be a civil service system for the employees of the City of Crescent City. The city commission shall, within twelve (12) months of the adoption of this Charter, enact, by a vote of four -fifths (4/5) of the full commission, such ordinances as may be necessary to fully implement the civil service principles mandated by this Charter. Section 5.02. Employment policy. The civil set -vice system shall provide for the qualifications for employment by the city and shall certify personnel for employment, promotion, demotion, transferal, dismissal, and compensation. Such certification shall be solely on the basis of merit and qualification. It shall be the purpose of the civil service system to: A. Attract and retain employees of the highest caliber. B. Select those employees based on ability, experience, training4 character and physical fitness without regard to race, color, creed, religion, sex or national origin. C. Compensate each employee by payment of a fair and competitive wage for work performed. D. Make prompt and appropriate adjustments of any complaints which may arise. E. Encourage employee participation in the establishment of city personnel policies. ARTICLE VI. NOMINATIONS AND ELECTIONS Section 6.01. State election Iaw applicable. All general laws of Florida relating to elections and the registration of persons qualified to vote therein which are not in conflict with this Charter shall be the same for the City of Crescent City and are hereby adopted as parts hereof. State law reference —Florida Election Code, F.S. Ch. 97-106. Section 6.02. General elections. Beginning in the General Election of the City of Crescent City to be held on the first Tuesday after the first Monday in November of 2014, two (2) Commissioners (to be designated Group I and Group 2) shall be elected for a term of four (4) years and the two (2) Commissioners of Group I and Group 2 shall be elected every four (4) years thereafter, i.e., 2018, 2022, and so forth. Beginning in an election of the City of Crescent City to be held on the first Tuesday after the first Monday in November 2015, the Mayor -Commissioner and two (2) Commissioners (to be designated Group 3 and Group 4) shall be elected for one (1) year terms. Beginning in the General Election of the City of Crescent City to be held on the first Tuesday after the first Monday in November of 2016, the Mayor -Commissioner and two (2) Commissioners (to be designated Group 3 and Group 4) shall be elected for a four (4) year term and the Mayor - Commissioner and two (2) Commissioners (of Group 3 and Group 4) shall be elected every four (4) years thereafter, i.e., 2020, 2024, and so forth. Candidates for the office of Commissioner shall be listed on the ballot by the group number within which they qualify, and one candidate shall be elected from each group. For the office of Mayor -Commissioner and Commissioner, the candidate receiving the greatest number of votes cast in the office or group shall be declared elected. (Ordinance No. 12-02, 03-08-2012) Section 6.03. Special elections. The city commission shall have the authority to call special elections for the purpose of filling vacancies as provided by Section 2.04 above or for any other purpose consistent with general law or this Charter, provided official public notice is published at least thirty (30) days prior to any such election. Section 6.04. Nonpartisan elections. All qualifications and elections for the office of commissioner and mayor -city commissioner shall be conducted on a nonpartisan basis without regard for or designation of political party affiliation of any candidate on the ballot. Reference in general law to political parties and party primaries shall not be applicable in the elections of city commission members. Section 6.05. Procedure for filing as a candidate for mayor -city commissioner and city commissioner. A. A person meeting the qualifications of office provided in Section 2.02 of this Charter and seeking to become a candidate for the office of mayor -commissioner or commissioner may do so by presenting a nominating petition signed by at least twenty-five (25) qualified electors or by payment of five percent (5%) of the salary of the office sought as a qualifying fee. Each candidate shall also file a sworn qualification statement with the administrative supervisor, or other official designated by the city commission, which shall state the following: 1. The name and occupation of the candidate qualifying for a place on the election ballot; and the address of his/her place of residence in the city; and 2. That he/she is a candidate for the office of mayor -commissioner or commissioner and specifying the group number of the commission office being sought; and 3. That he/she shall be willing to serve if elected. B. Such qualification statement and required information shall be filed with the City Commission and the Supervisor of Elections of Putnam County only during the timer period extending from noon on the first Monday in August and ending at noon on the following Friday in the year of qualifying for election. Such qualifying statement and required information will be in the form as prescribed by the City Commission and the Supervisor of Elections of Putnam County, State of Florida. (Ordinance No. 14-04, 06-12-2014) C. No person shall be a candidate for mayor -city commissioner and commissioner at the same time, and no person shall occupy both offices at the same time. D. Limited Terms. No person shall be eligible to seek election for Mayor - Commissioner or Commissioner of the City of Crescent City if such term of Mayor - Commissioner or Commissioner would if elected, give the person seeking election 20 or more years of consecutive service as Mayor -Commissioner or Commissioner. Except that a person currently in office who has already served 20 or more consecutive years as of the effective date of this Charter provision, or a person who is serving a current term as of the effective date of this Charter provision that would give that person 20 or more consecutive years of service, shall be exempt from the term limits as stated herein. Nothing in this proposed paragraph should be interpreted to prevent a person from serving four (4) consecutive four (4) year terms and one consecutive lesser term. (Ordinance No. 12-03, 04-12-2012) Section 6.06. Canvassing board. The members of the commission, other than those whose names appear on the election ballot, shall serve as the canvassing board for any regular or special election, and shall certify the results of the election as set forth in general law. Section 6.07. Election regulations. The commission, by ordinance, may adopt regulations for the proper conduct of municipal elections provided they are consistent with general law and this Charter. Inspectors and clerks for the elections and the polling location(s) shall be determined by resolution passed by the commission. The commission shall also, by resolution, provide official notice to the supervisor of elections at least forty-five (45) days prior to any special or regular elections, and shall certify the form of the ballot to the supervisor of elections at least twenty-one (21) days prior to any election. Section 6.08. Judge of qualifications. This commission shall be the judge of the election and qualifications of its members, and for such purpose shall have the power to subpoena witnesses, administer oaths, and require the production of evidence. Any decision of the commission, however, shall be subject to review by the circuit court. ARTICLE VII. MISCELLANEOUS Section 7.01. Charter amendment This Charter may be amended in two (2) ways: (a) Initiation by ordinance. The commission may by ordinance propose amendments to any part or all of this Charter, except prescribing boundaries, and upon passage of the initiating ordinance shall submit the proposed amendment to a vote of the electors at the next general election held within the city or at a special election called for that purpose. Amendment of boundaries resulting from annexation done in accordance with general law shall be by ordinance of the commission and shall not be subject to a vote of the electors except as provided by general law. (b) Initiation by petition. The electors of the city may propose amendments to this Charter by petition signed by at least ten percent (10%) of the registered electors and submitted to a vote of the electorate in a special election to be called within sixty (60) days following the certification of the initiative petition or at any general election scheduled within ninety (90) days. Section 7.02. Investigations by commission. The commission shall have power to inquire into the conduct of any office, department, agency or officer of the city and to make investigations as to municipal affairs, and for that purpose may subpoena witnesses, administer oaths, and compel the production of books, papers or other evidence. Failure to obey such subpoena or to produce books, papers, or other evidence as ordered under the provisions of this section shall constitute a misdemeanor, and shall be subject to punishment as prescribed by general law. Section 7.03. Bonds of officers and employees. All officers and employees of the city shall give bond in such amount and with surety as may be approved by the commission. The premiums on such bonds shall be paid by the city. Section 7.04. Political activities of municipal officers and employees. The provisions of this section shall not be construed so as to prevent any person from becoming a candidate for and actively campaigning for any elective office in this State. All such persons shall retain the right to vote as they may choose and to express their opinions on all political subjects and candidates. Any person violating the provisions of this section shall upon conviction be guilty of a misdemeanor. No officer or employee of the city shall (a) use his/her official authority or influence for the purpose of interfering with an election, or a nomination for office, or affecting the results thereof, or (b) directly or indirectly to coerce or attempt to coerce, command or advise any other officer or employee to lend or contribute any part of his salary or anything else of value to any party, committee, organization, agency or person for political purposes, or (c) directly or indirectly to coerce or attempt to coerce, command and advise any such officer or as to where he might purchase a commodity or to interfere in any other way with the personal life of said officer or employee. Notwithstanding the provisions of Section 2.06 of this Charter, any city employee shall be eligible to seek the office of mayor -commissioner or commissioner, but any such employee shall be granted an unpaid level of absence at the time of qualifying for candidacy for the period until the election. Thereafter the stipulations of this Charter shall govern. Section 7.05. Acceptance of dedicated streets. No streets, alleys or other area hereafter dedicated to public use by the owner of land in the city shall be deemed a public street, alley or other area, or under the care and control of the commission, unless the dedication is accepted and confirmed by ordinance passed for such purpose, or unless the provision of this Charter or city ordinances relating to subdivisions shall have been complied with. Section 7.06. Resolving conflicts within charter. Should there be a conflict or apparent conflict in the provisions of any one (1) section of this Charter, or between two (2) or more sections thereof, then the city attorney shall resolve such conflict or apparent conflict by a written ruling which shall be legal and binding unless invalidated by a court of competent jurisdiction. Section 7.07. Notice of claim. No suit shall be maintained against the City of Crescent City for damages arising out of any tort, trespass to realty, death by wrongful act, or any accident contributable to negligence on the part of the city, unless written notice of such damage was within sixty (60) days after receiving the injury alleged, given to the city clerk and to the city attorney with reasonable specifications as to time and place, and witnesses as would enable the city to investigate the matter. This limitation shall prevail regardless of any and all other limitations with reference to actions against municipalities. State law reference —Notice of claims and sovereign immunity, F.S. § 768.28. Section 7.08. Bids, contracts and expenditures. Upon approval of the city commission, the following expenditures may be made without competitive bidding: (a) All expenditures, including expenditures for real and personal property acquisition, not exceeding one thousand dollars ($1,000); (b) Expenditures for salaries and contracted personal services; (c) Expenditures for work done in the operation of any city department; (d) Expenditures for parts, supplies and materials necessary to make emergency repairs, to protect property or preserve the peace in the event of an emergency such as a storm, riot or conflagration. All other expenditures shall be authorized and directed to the cit commission only upon contract to a responsible bidder, submitting the lowest and best bid according to written specifications previously prescribed thereof and after publication in a newspaper of general circulation, one( 1) time of a notice calling for such bids, said publication to be not less than ten (10) days before the date of receiving such bids. The city commission shall reserve the right to reject any and all bids submitted pursuant to this section. ARTICLE VIII. TRANSITION SCHEDULE Section 8.01. Status of former charter. The special acts of local application to the City of Crescent City, including, but not limited to the former Charter (Chapter 57-1244, House Bill 1672), and all amendments thereto shall become ordinances subject to modification or repeal in the same manner as other ordinances of the city. Those provisions not consistent with this Charter are hereby repealed. Section 8.02. Ordinances preserved. All ordinances in effect upon the adoption of this Charter, to the extent not inconsistent with it, shall remain in force until repealed or changed as provided herein. Section 8.03. Rights of officers and employees. Nothing in the Charter, except as otherwise specifically provided, shall affect or impair the rights or privileges of persons who are city officers or employees at the time of adoption. Elected officers shall continue to hold their offices and discharge the duties thereof until successors are elected. Section 8.04. Pending matters. All rights, claims, actions, orders, contracts and legal or administrative proceedings involving the city shall continue except as modified pursuant to the provisions of this Charter. Section 8.05. Existing rights, obligations, duties, and relationships. All rights, obligations, duties and relationships now existing by law or agreement between the city and other governmental units shall be unaffected and shall remain in full force and effect. Section 8.06. Initial elections. The positions of two (2) commission members (to be designated Group 1 and Group 2) whose terms expire in April, 1985 shall be subject to the general election on the second Tuesday of April, 1985 for a term covering the period to the general election on the first Tuesday after the first Monday of November, 1987. The positions of mayor -commissioner and two (2) commissioners (to be designated Group 3 and Group 4), all of whose terms expire in April, 1986, shall be subject to the general election to be held on the second Tuesday of April, 1986 for a term covering the period to the general election on the first Tuesday after the first Monday on November, 1988. Thereafter the election of all positions shall be for a term of three (3) years. The qualifying period for filing statements of candidacy shall be as provided in Section 6.05 of this Charter, except that the qualifying period for the initial election on the second Tuesday of April, 1985 shall be during a five-day period established by the city commission following the adoption of this Charter. Section 8.07. Initial compensation. The rate of compensation of the mayor -commissioner and commissioners on the date this Charter becomes effective shall remain in force until changed pursuant to the provisions of Section 2.09 of this Charter. Section 8.08. Deletion of obsolete schedule items. The commission shall have power, by resolution, to delete from this Article WIT any section, including this one, when all events to which the section to be deleted is, or could become, applicable have occurred. ARTICLE IX. EFFECTIVE DATE OF THIS CHARTER Section 9.01. Effective date. This Charter amendment shall become effective -upon filing with the Florida Department of State. I 000Working copy (original changes done) Changes done 2/20/18 and changes done 3/15/18 City of Hollywood Code of Ordinances CHARTER TABLE OF CONTENTS Section Article L General Provisions 1.01. Creation and powers 1.02. Corporate limits 1.03. Powers and jurisdiction 1.04. Legislative powers of the city 1.05. Form of government Article I!. The City Commission 2.01. Created; membership 2.02. Duties and responsibilities of the mayor 2.03. Vice -mayor 2.04. Meetings 2.05. Voting conflicts 2.06. Non-interference Article ill. Elections Division 9. Conduct of Elections 3.01. Election and term of commissioners; staggered terms 3.02. Vacancy in commission membership 3.03. Qualifications of members 3.04. Election dates 3.05. State election code adopted Division 2. Candidates 3.06. Filing fee 3.07. Time limitations for filing qualifications 3.08. Elected candidates 3.09. Vacancy in candidacy 3.12. Campaign finance reform Article IV. Initiative 4.01. Definitions 4.02. Petitions — requirements; filing 4.03. Same — procedure when insufficient 4.04. Same — submission to commission 4.05. Date of election 4.06. Form of ballot; effective upon adoption by majority participating 4.07. Effect on measure adopted by commission in different form 4.08. Number of measures at same election 5.01. Defined Article V. Referendum 1 5.02. Initiative measures subject to referendum 5.03. Petition — authority to file; number of signatures required 5.04. Same — requirements 5.05. Same — sufficiency; certification 5.06. Election 5.07. Submission by ballot title 5.08. Form of ballot 5.09. Petition not to affect measure pending referendum; effect when rejected 5.10. Preference when measures conflict Article VI. City Manager 6.01. Administrative powers 6.02. Term; salary 6.03. Absence from duties 6.04. Powers and duties Article VIL City Attorney 7.01. Appointment, term; salary 7.02. Qualifications and duties 7.03. Absence from duties Article VIII. Officers and Employees 8.01. Other city officers; appointments 8.02. Interference with appointment or duties of officers and employees Article IX. Civil Service Article X. Pensions and Retirement Article XL Charter Review Committee 11.01. Statement of purpose 11.02. Appointment, membership and records 11.03. Responsibilities Article XII. Firemen's Pensions and Retirement Article XIII. Limitation on Sale, Lease or Purchase of City -Owned Real Property 13.01. Sale of city -owned real property 13.02. Lease of city -owned real property 13.03. Purchase of real property by city Article XIV. Transition and Effective Date 14.01. Former Charter provisions 14.02. Ordinances and resolutions continuing 14.03. Repeal of conflicting ordinances and resolutions 14.04. Rights of city commissioners and officials 14.05. Pending matters 14.06. Severability 14.07. Effective date Cross-references: 2 Pensions and Retirements, see Ch. 33 Editor's note: The Charter of the City of Hollywood was ordained by § 1 of Ord. 0-84-14, adopted Feb. 3, 1984, approved at an election held Mar. 13, 1984, and effective Oct. 1, 1984. Except for minor stylistic changes made for purposes of consistency, the text has been set out as enacted, with any editorial emendations included in brackets ([I]). Where necessary, the word "ordinance" or "act" has been changed to "article" or "charter" as appropriate. Obviously misspelled words have been corrected without comment. With the exception of certain sections of articles II and Ill (see the editor's note to article Ill), the numbering system of the ordinance has been retained. ARTICLE I. GENERAL PROVISIONS Sec. 1.01. Creation and powers. The City of Hollywood hereinbefore created by chapter 30836, Laws of Florida, 1966, shall continue and is hereby vested with the governmental, corporate and proprietary powers to enable it to conduct municipal government, perform municipal functions, and render municipal services; and may exercise any power for municipal purposes not expressly prohibited by the constitution, general or special law or county charter. (Ord. 0-84-14, passed 2-3-84) Sec. 1.02. Corporate limits. The corporate limits of the City of Hollywood, Broward County, Florida, shall be defined by ordinance. (Ord. 0-84-14, passed 2-3-84) Sec. 1.03. Powers and jurisdiction. The powers and jurisdiction of the city shall extend over all lands and over all bodies of water to the extent allowed by law within the corporate limits and the air above, and to all lands without the limits of the city owned, leased or operated by the city. The power and jurisdiction of the city includes all extraterritorial powers and jurisdiction previously granted by chapter 30836, Laws of Florida, 1955, as amended, or any special or general law or any extraterritorial powers or jurisdiction which may be granted in the future. The city shall continue to exercise the regulatory activities and functions regarding businesses, professions and occupations, including awarding franchises, which authority was granted by chapter 30836, Laws of Florida, 1955. The City shall continue to exercise the regulatory activities regarding the environment. (Ord. 0-84-14, passed 2-3-84) Sec. 1.04. Legislative powers of the city. The legislative powers of the city shall be vested in and exercised by the city commission, consistent with the provisions of this Charter, the United States Constitution, Florida Constitution, laws of the State of Florida and laws and ordinances of the city. (Ord. 0-84-14, passed 2-3-84) Sec. 1.05. Form of government. The form of government of the city shall be known as the commissioner -manager plan. (Ord. 0-84-14, passed 2-3-84) 3 ARTICLE H. THE CITY COMMISSION Sec. 2.01. Created; membership. There is created a city commission to consist of seven (7) members, one (1) of whom shall be the mayor. The mayor shall be elected from the city at large and the commissioners shall be elected as provided in Article Ill of this Charter. (Ord. 0-84-14, passed 2-3-84; Am. Ord. 0-99-07, passed 1-6-99; Am. Ord. 0-99-34, passed 10-20-99; Am. Ord. 0-2010-28, passed 7-21-10) Sec. 2.02. Duties and responsibilities of the mayor. (a) The mayor shall preside at meetings of the commission and perform such other duties consistent with that office and this Charter as may be imposed by the commission. (b) The mayor shall be recognized as the chief elected official and official head of the city for all ceremonial purposes, including by the courts for the purpose of serving civil processes and by the governor for the purpose of emergency management. (c) During the temporary absence or temporary disability of the mayor, all mayoral duties shall be performed by the vice -mayor. (Ord. 0-2010-28, passed 7-21-10) Sec. 2.03. Vice -mayor. The office of vice -mayor shall be filled by a commissioner other than mayor. The vice - mayor shall be elected by a majority vote of the total commission membership eligible to vote, for a term of one (1) year. (Ord. 0-84-14, passed 2-8-84; Am. Ord. 0-2010-28, passed 7-21-10) Sec. 2.04. Meetings. (a) Regular, The commission shall schedule no fewer less than 20 regular meetings per year and hold no fewer than 18 regular meetings per year meet regularly not less than twenty (20) times during the calendar y ar, at such times and places as shall be specified by resolution. All meetings, formal or informal, of the city commi- ion, all committees and all board , , sessienanel-the-press-and-public thall-be permitted to -attend any of such meetings wherein public -affairs arc to be discussed. (moved to (g). (b) Special. The city clerk shall, at the request of the mayor or on written request of three (3) or more commissioners, call special meetings of the commission in the manner prescribed by ordinance. The commission shall have the same power to transact business at special sessions as at regular sessions. (c) Absences. Absence from four (4) regular consecutive meetings of the commission shall operate to vacate a seat of a member unless such absence is occasioned by illness of such member. Absence from eight (8) regular consecutive meetings of the commission shall operate to vacate a seat of a member without regard to the reason for such absences. (d) Rules of Procedure. The commission may determine its own rules of procedure. (e) Quorum. A majority of all members of the commission shall constitute a quorum, but a smaller number may adjourn from time to time. 4 (f) Citizens' Comments. When the commission holds more than one (1) regular meeting in a calendar month, the agenda for the second regular meeting of that month will contain an item titled "Citizens' Comments." Citizens' Comments will be conducted as an open forum for any person to speak on issues that do not specifically appear on the agenda for that meeting. Have citizens' comments even if there is only one regular meeting scheduled per month. The commission may establish reasonable time limits for the length of Citizens' Comments and for the length of each person's comments during Citizens' Comments. (Ord. 0-2010-28, passed 7-21-10) (g) All meetings, formal or informal, of the city commission, all committees and all boards, elective and/or appointive, administrative and/or advisory, shall be conducted in open session; and the press and public shall be permitted to attend any of such meetings wherein public affairs are to be discussed, except as otherwise allowed by law. Sec. 2.05. Voting conflicts. (a) Any member of the city commission required by law, or for any reason not otherwise provided for herein, to recuse oneself from voting on a matter to be considered by the city commission, or who recuses oneself from voting on a matter being considered by the city commission, due to a voting conflict or the appearance of a voting conflict, shall, at the time of such recusal, disclose the nature of his or her interest as a public record in a memorandum filed with the city clerk, who shall incorporate the memorandum in the minutes of the city commission. Such commission member shall thereafter leave the commission chamber prior to debate and not communicate or participate, directly or indirectly, in any discussion or other communication relating to that matter with any member of the city commission or with any city employee. (b) Any member of the city commission who knows, or by the exercise of reasonable diligence should know, that the member has, or is likely to have, a voting conflict or the appearance of a voting conflict on a matter not yet subject to vote that every Commission member has the duty to disclose if they have knowledge of another member's conflict but otherwise under consideration by the city commission or any instrumentality of the city's municipal government, including, but not limited to, special districts wholly within the city's boundaries, city boards and committees, shall immediately disclose the nature of his or her interest as a public record in a memorandum filed with the city clerk, who shall incorporate the memorandum in the official public records of the city, and said member shall thereafter neither debate nor communicate or participate, directly or indirectly, in any discussion or other communication relating to that matter with any member of the city commission or with any city employee. (c) A copy of each memorandum filed with the city clerk pursuant to subsection (b) of this section shall promptly be posted on the city's website homepage and on the bulletin board on which notices of public meetings are posted. Any such memorandum shall be removed from posting if and when the city manager determines either (i) that the matter causing an actual voting conflict or appearance thereof is no longer likely to be submitted to the commission for a vote: or (ii) the matter is either finally approved or disapproved by the city commission. (Ord. 0-2010-28, passed 7-21-10) 5 Sec. 2.06. Non-interference. departments, offices and agencies solely through the city manager, or, in the case of the city attorney's office, the city attorney, or the designees of the city manager or city attorney, if any. Neither The city commission rtor any of its members shall not give orders or directions to, nor make requests of, any of the employees of the city's departments, offices and agencies, except that such orders, directions and requests may be directed to designees, if any, of the city manager or, in the case of the city attorney's office, the city attorney. (Ord. 0-2010-28, passed 7-21-10) ARTICLE III. ELECTIONS Editor's note: In order to maintain the style of numbering of the remainder of the Charter, in which the first number of the section corresponds to the article number, the editor has redesignated the sections of art. IIL Former §§ 2.03 - 2.07 have been renumbered as §§ 3.01 - 3.05, and former §§ 3.01 - 3.05 have been renumbered as §§ 3.06 - 3.10. DIVISION 1. CONDUCT OF ELECTIONS Sec. 3.01. Election and term of commissioners; staggered terms. (a) The election of city commissioners, including the mayor, shall be as provided by this Charter, general and special law. The terms of the city commissioners and mayor shall be four (4) years; except, at the presidential election of 2012, those elected to three (3) city commission seats shall be elected for terms of six (6) years in order to institute staggered terms among members of the city commission in accordance with section 3.04 below. Each city commission seat shall be filled separately; and candidates for the city commission or office of mayor shall designate, at the time of qualifying, the office for which they will run. There shall be six (6) districts. Each commissioner shall reside in one of the districts, and shall be elected only by the qualified electors who reside in the same district as the commissioner. The district boundaries shall be set by ordinance and updated after each decennial census or as otherwise required by law. (b) No person may appear on the ballot for election as mayor if, by the end of the current term of office, the person will have served (or, but for resignation, removal or forfeiture, would have served) in that office for twelve (12) consecutive years. No person may appear on the ballot for election as city commissioner from a particular district if, by the end of the current term of office, the person will have served (or, but for resignation, removal or forfeiture, would have served) in the office of city commissioner from that district for twelve (12) consecutive years. The limitations set forth in this paragraph shall apply only to terms of office beginning after this paragraph becomes effective by approval of the electorate. (Ord. 0-84-14, passed 2-3-84; Am. Ord. 0-99-07, passed 1-6-99; Am. Ord. 0-2010-17, passed 6-2-10; Am. Ord. 0-2010-18, passed 6-2-10) Sec. 3.02. Vacancy in commission membership. (a) If any vacancy shall occur in the office of mayor, except a vacancy caused by resignation after a recall petition has been filed, and one hundred eighty (180) days or less of the term of the former mayor shall remain at the time the vacancy occurs, it shall be filled within ten (10) days after the first regular commission meeting following the occurrence of such vacancy, by a majority vote of the remaining commissioners, by an eligible person to 6 serve the remainder of the unexpired term of such mayor until the next municipal election. If any vacancy shall occur in the office of city commissioner, except a vacancy caused by resignation after a recall petition has been filed, and one (1) y ar 180 days or less of the term of the former city commissioner shall remain at the time the vacancy occurs, it shall be filled within ten (10) days after the first regular commission meeting following the occurrence of such vacancy, by a majority vote of the remaining commissioners, by an eligible person to serve the remainder of the unexpired term of such commissioner until the next municipal election. (b) If the commissioners fail to fill such vacancy in the office of mayor or city commissioner within the ten (10) days after the first regular commission meeting following the occurrence of such vacancy, a special election shall be called within not less than ninety (90) days or more than one hundred twenty (120) days to fill such vacancy, or at the next general or municipal election if one is to be held within that period. (c) If any vacancy shall occur in the office of mayor, except a vacancy caused by resignation after a recall petition has been filed, and more than one hundred eighty (180) days of the term of the former mayor shall remain at the time the vacancy occurs, a special election shall be called within not less than ninety (90) or more than one hundred twenty (120) days to fill such vacancy, or at the next general or municipal election if one is to be held within that period. If any vacancy shall occur in the office of city commissioner, except a vacancy caused by resignation after a recall petition has been filed, and more than one (1) year 180 days of the term of the former city commissioner shall remain at the time the vacancy occurs, a special election shall be called within not less than ninety (90) or more than one hundred twenty (120) days to fill such vacancy, or at the next general or municipal election if one is to be held within that period. (Ord. 0-84-14, passed 2-3-84; Am. Ord. 0-99-34, passed 10-20-99) Sec. 3.03. Qualifications of members. (a) Each candidate for nomination and election as a member of the city commission, including the mayor, shall have been a duly qualified elector of the city for a minimum of six (6) months prior to the time of qualifying for such office and be otherwise qualified as provided in this Charter and shall remain domiciled in the city for the term of the office for which he/she was elected. In addition, except as provided in the district transition plan to be adopted by ordinance, each candidate for commissioner must have been domiciled within the district from which he/she seeks election for a minimum of six (6) months prior to the time of qualifying. Each commissioner shall remain domiciled in such district throughout his/her term of office. (b) The commission shall be the judge of the elections and qualification of its own members. (Ord. 0-84-14, passed 2-3-84; Am. Ord. 0-99-07, passed 1-6-99; Am. Ord. 0-99-34, passed 10-20-99) Sec. 3.04. Election dates. The mayor and the commissioners from even -numbered districts shall be elected for four (4)-year terms on the presidential election cycle beginning in 2012. The commissioners from odd -numbered districts shall be elected for six (6)-year terms at the presidential election in 2012 and then for four (4)-year terms on the gubernatorial election cycle beginning in 2018. 7 (Ord. 0-84-14, passed 2-3-84; Am. Ord. 0-98-22, passed 9-2-98; Am. Ord. 0-99-07, passed 1-6-99; Am. Ord. 0-2002-21, passed 5-1-02; Am. Ord. 0-2010-17, passed 6-2-10; Am. Ord. 0-2010-28, passed 7-21-10) Sec. 3.05. State election code adopted. All elections shall be nonpartisan and shall be held in accordance with the provisions of the state election code, except as otherwise provided by the Charter. (Ord. 0-84-14, passed 2-3-84; Am. Ord. 0-2010-28, passed 7-21-10) Statutory reference: State election code, see F.S. Title 1X. DIVISION 2. CANDIDATES Sec. 3.06. Filing fee. A candidate for the office of city commissioner, including mayor, shall pay to the city clerk a filing fee in the sum as set by ordinance. (Ord. 0-84-14, passed 2-3-84; Am. Ord. 0-2010-28, passed 7-21-10) Sec. 3.07. Time limitations for filing qualifications. (a) Candidates for office are required to file their qualifications, oath and fee with the city clerk at the time prescribed pursuant to chapter 76-350, Laws of Florida, as amended. (b) If a candidate fails to comply with provisions of this section, his/her name shall not appear upon the ballot. (c) The clerk shall forthwith, upon the filing of the oath and payment of the qualifying fee, make and deliver to such candidate a written certificate acknowledging the receipt of the fee and oath, showing thereon the date of payment and filing of the fee and oath; and the clerk shall cause his/her name to be printed on the official election ballot. (Ord. 0-84-14, passed 2-3-84; Am. Ord. 0-99-34, passed 10-20-99; Am. Ord. 0-2010-28, passed 7-21-10) Sec. 3.08. Elected candidates. (a) The candidate for city commissioner receiving the greatest number of votes cast for that seat in the regular general or special general municipal election shall be declared elected. (b) The candidate receiving the greatest number of votes cast in the regular general or special general municipal election for the office of mayor shall be declared shall be declared elected. (Ord. 0-84-14, passed 2-3-84; Am. Ord. 0-98-22, passed 9-2-98; Am. Ord. 0-2002-21, passed 5-1-02; Am. Ord. 0-2010-28, passed 7-21-10) Sec. 3.09. Vacancy in candidacy. If the death, withdrawal or removal of a qualified candidate for city commission, following the end of the qualifying period, results in only one candidate remaining on the ballot for that office, there shall be a supplemental qualifying period of five (5) days beginning on the first day following the vacancy in candidacy; provided, however, that there shall not be a 8 supplemental qualifying period if the vacancy in candidacy occurs within twenty-six (26) days of the general election for that office. If a vacancy in candidacy, as described above, occurs within twenty-six (26) days of the general election for that office, the remaining candidate shall be declared elected and no election shall be required. (Ord. 0-99-34, passed 10-20-99; Am. Ord. 0-2002-21, passed 5-1-02; Am. Ord. 0-2010-28, passed 7-21-10) Sec. 3.12. Campaign finance reform. (a) Definitions. (1) Express advocacy. A communication to the general public by means of any broadcast, cable, satellite, newspaper, magazine, outdoor advertising facility, mass mailing, the Internet, or telephone bank, or any other form of general public political advertising, that in express terms advocates the election or defeat of a clearly identified candidate for elective office or the approval or disapproval of a clearly identified ballot issue; provided, however, that with respect to the Internet, a communication will be deemed to be express advocacy only if it constitutes the creation or dissemination of a message on a computer information system accessible by more than one (1) person but excluding internal communications of a campaign or of any group. (2) Express advocacy organization (EAO). A person, as defined in section 4 other than an individual, that engages in express advocacy or the functional equivalent of express advocacy. (3) Functional equivalent of express advocacy, A communication to the general public by means of any broadcast, cable, satellite, newspaper, magazine, outdoor advertising facility, mass mailing, the Internet, or telephone bank, or any other form of general public political advertising, made within sixty (60) days of an election that is susceptible of no reasonable interpretation other than as an appeal to vote for or against a clearly identified candidate for an office or issue on the ballot in such election. (4) Person. The word "person" includes individuals and associations of individuals, whether constituting legal entities or not, and business entities of whatever form, whether constituting legal entities or not, and including, but not limited to, corporations, partnerships, sole proprietorships, associations, joint ventures, estates, trusts, business trusts, syndicates, and fiduciaries and other business entity authorized to do business in the State of Florida, any other state or any foreign country. (b) Limitation on contributions. It is unlawful for any individual to make a contribution in excess of five hundred dollars ($500.00), either directly, indirectly or through a political committee, to any candidate. Furthermore, it is unlawful for any candidate, political committee, or other person knowingly to accept or receive any contribution prohibited by this section. The contribution limits of this section apply to each election. (c) Contributions prohibited. It is unlawful for any person as defined in section (a)(4), other than an individual, to make a contribution in connection with the election of any candidate. Furthermore, it is unlawful for any candidate, political committee, or other person knowingly to accept or receive any contribution prohibited by this section, or for any officer or any director of any such entity to consent to any contribution prohibited by this section. (d) Reports: certification and filing. 9 (1) Each campaign treasurer designated by a candidate pursuant to State law shall file regular reports with the city clerk as provided by law, of all contributions received, and all expenditures made, by or on behalf of such candidate or political committee. Reports shall -be filed on the tenth (10th) day following the cnd of ach calendar quarter from the time the campaign treasurer is appointed, except -that, if the tenth (10th)-clay-following the cnd of -a - calendar quarter occurs on a Saturday, Sunday, or legal holiday, the report shall be filed on - the next following-day-whi , ef-legun"eliday. Quarterly reports shall includ all contributions received and e enditures made during the calendar quarter �e h' h have not otherwise been r ported r rat to this section v. (2) When engaged in express advocacy, or the functional equivalent of express advocacy, as defined in this section, relating to any campaign for election to the office of mayor or city commissioner of the city or any campaign for approval or disapproval of an issue to appear on the ballot in which only city electors are eligible to vote, an EAO shall file with the city clerk as provided by law, regular reports of all contributions received, and all expenditures made, in furtherance of such express advocacy or such functional equivalent of express advocacy. Reports shall be filed on the tenth (10th) day foll h-- report shall b , holiday. Quarterly reports shall include all contributions received and expenditures made e been reported pursuant to this section. (3) Following the last day of qualifying for office, the reports of all contributions received, and all expenditures made, by (i) a candidate who is seeking election to the office of mayor or city commissioner of the city: or (ii) a political committee, an or EAO or a committee of continuous existence, when engaged in express advocacy or the functional equivalent of express advocacy, as defined in this section, relating to any campaign for election to the office of mayor or city commissioner of the city or any campaign for approval or disapproval of an issue to appear on the ballot in which only city electors are eligible to vote, shall be filed with the city clerk as provided by law, on the forty sixth (46th), thirty second (32nd), eighteenth (18th), and seventh (7th) days immediately preceding the election, for a election. The acceptance of contributions immediately preceeding the election shall be in accordance with acceptable law. (4) When an election is called for an issue to appear on the ballot at a time when no candidates are scheduled to appear on that same ballot, all political committees, and EAO; and committees of continuous existence making contributions or expenditures in support of or in opposition to such issue shall file reports with the cit„ clerk as provided by law, on the forty sixth (46th), thirty second (32nd), eighteenth (18th) and seventh (7th) days prior to such election. No contributions may be ace the -election. The acceptance of contributions immediately -preceding the election shall be in accordance with acceptable law. (e) Applicability. The provisions of this section 3.12 shall be applicable to all campaigns for election to the office of mayor of Hollywood, to all campaigns for election to the office of 10 city commissioner of Hollywood, and to all elections called for an issue to appear on the ballot in which only City of Hollywood electors are eligible to vote. (f) Penalties. Any person who violates any of the provisions of section 3.12 (b), (c) or (d) shall be subject to a fine in an amount not to exceed five hundred dollars ($500.00), imprisonment for a period not to exceed sixty (60) days, or both. (Ord. 0-2010-19, passed 6-2-10) ARTICLE IV. INITIATIVE Sec. 4.01. Definitions. (a) Initiative. The electors shall have the power, in accordance with the provision of this Article 4. at their option to propose ordinances, except ordinances regarding the budget, capital programs, appropriation of money, levy of taxes and salaries of officers, and employees or emergency ordinances, and to adopt the same those proposed ordinances at the polls, such power being known as the an initiative. (b) Initiative Petition. A petition eeti g that meets the requirements hereinafter-previded and d egt posting the corrmmission to pass r ord n_anee {herein set forth er designated, of this Article 4 and that proposes an initiative shall be termed an initiative petition and shall be acted upon as hereinafter provided in this Article. Sec. 4.02. Measures not subject to initiative. The initiative process shall not be available to propose ordinances regarding the budget, capital programs, the appropriation of money, the levy of taxes, salaries of officers and employees, and emergency ordinances. Sec 4.03. Initiative Petition - Authority to file: signatures required Upon the delivery of an initiative petition signed by at least fifteen percent (15%) of the total number of registered voters in each of the four (4) districts of the city and at least fifteen percent (15%) of the total number of registered voters of the city as a whole, all as shown by the official registration books, an initiative petition shall be considered sufficient and shall be acted upon as provided herein. Sec. 4-02 4.04. Initiative Petitions — Requirements; filing. (a) Signatures to on initiative petitions need not all be on one (1) paper, but the circulator of every such petition shall make an affidavit that each signature appended to the petition is the genuine signature of the person whose name it purports to be, which affidavit shall be substantially in the following form: STATE OF FLORIDA COUNTY OF BROWARD, ss being duly sworn, deposes and says that he or she is the circulator of the foregoing initiative petition containing signatures, and that the signatures appended thereto were made in his or her presence and are the signatures of the persons whose names they purport to be. Signed Subscribed and sworn to before me this day of , 19 20 . Notary Public 11 (b) With each signature the petition also shall be stated state the place of residence of the signer, giving the street and number or other description sufficient to identify the place signer's residence. (c) An initiative petition need not contain the full text of the proposed ordinance but shall briefly and fairly describe the ordinance sought to be enacted. (a d) All such papers pertaining to any one (1) m asure initiative petitions shall have written or printed thereon on the petition the names and addresses of at least five (5) registered voters who shall constitute a committee of the petitioners for the purposes hereinafter ne-med provided. (d e) All such initiative petition papers shall be filed in the office of the city clerk, securely fastened together, as one (1) petition. (Ord. 0-84-14, passed 2-3-84; Am. Ord. 0-99-34, passed 10-20-99) Sec. 4.03. Same 4.05 Initiative Petitions — Certification and Procedure when insufficient. (a) Within twenty (20) days after the filing of the initiative petition, the clerk shall certify on the petition the number of registered voters in each district of the city and in the city as a whole whose signatures are appended thereto and whether these -numbers -are or not the petition is signed by at least fifteen percent (15%) of the total number of registered voters in each of four (4) districts of the city and at least fifteen percent (15%) of the total number of registered voters of the city as a whole, all as shown by the county registration books. (b) If by the clerk's certificate the number of cigncr; registered voters signing the petition is shown to be insufficient, such notice in writing shall be given to each member of the committee of petitioners, notifying them of the number of missing signatures in each deficient category. The petition may be amended within ten (10) twenty-one (21) days from the date of such certificate by filing supplementary petition papers with containing the additional signatures. (c) The clerk shah within Within ten (10) days after filing the supplementary petition papers, the clerk shall certify on the amended supplementary petition whether the number of signers to both the original petition and amended supplementary petition is sufficient or insufficient, as required by this Article. If it is insufficient, the clerk shall notify each member of the committee of petitioners in writing of that fact. (d) The final finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose. (Ord. 0-84-14, passed 2-3-84; Am. Ord. 0-99-17, passed 6-16-99) Sec. 4:04. Same 4.06. Initiative Petitions — Submission to commission. (a) If the clerk's certificate shows the number of signers to the initiative petition to be sufficient, he the clerk shall submit the proposed measure to the commission at its next meeting. 12 (b) Upon receiving the proposed initiative measure, the commission shall proceed to consider it the initiative measure and shall take final action thereon on the initiative measure within ninety (90) days from the date it the initiative is submitted to the commission. (Ord. 0-84-14, passed 2-3-84) Sec. 4.05. Date of elec ion 4.07. Election process. (a) If the commission shall fail to pass the proposed initiative measure, or shall pass it in a form different from that set forth in the initiative petition, then the measure shall be submitted by the commission to the a vote of the electors at the next municipal election if one is to be held not less sooner than ninety (90) days and not later than one hundred twenty (120) days after the date of the final action by the commission. (b) If no election is to be held as provided by subsection (a), then the commission shall call a special election to be held not less sooner than ninety (90) ner-more and not later than one hundred twenty (120) days from after the date of final action by the commission. (c) When submitted to a vote of the electors, the measure shall be in the form set forth in section 4.06 subsection 4.08. (Ord. 0-84-14, passed 2-3-84) Sec. 4:06 4.08. Form of ballot; effective upon adoption by majority participating. (a) The initiative measure shall be submitted by the committee of petitioners to the city clerk for preparation and placement on the official ballot for the initiative. (b) The ballot language shall contain a clear and concise statement, without argument or prejudice. describing the substance of the initiative measure that is being presented for vote by the electors. (a e) The ballots used when voting upon any-sueh--prepescd measure the initiative measure shall state the substance thereof, and below it the two (2) alternatives: "For the measure Yes" and "ngains+Them asuro No." (b d) If a majority of the electors voting on any such measure shall vote in favor thereof of the initiative measure, it shall thereupon become an ordinance of the city. (Ord. 0-84-14, passed 2-3-84) Sec. 4.07-4.09. Effect on measure adopted by commission in different form. When a measure proposed by initiative petition is passed by the commission in a different form from the measure contained in the petition, and it is to be submitted to a vote of the electors, the measure passed by the commission shall not take effect until after such vote. If the initiative measure is approved by a majority of the electors voting thereon, it shall thereupon become an ordinance of the city; and the measure as passed by the commission shall be deemed repealed. (Ord. 0-84-14, passed 2-3-84) Sec. 4:08 4.10. Number of initiative measures at same election. Any number of proposed initiative measures may be voted upon at the same election in accordance with the provisions of this Charter. (Ord. 0-84-14, passed 2-3-84) 13 ARTICLE V. REFERENDUM Editor's note: Article V is applicable unless otherwise governed by F.S. §§ 166.031, 171.0413, and 171.051. Sec. 5.01. Defined Definitions. (a) Referendum. The electors shall have the power at their option. in accordance with the provision of this Article 5, to approve or reject at the polls any measure passed by the commission or submitted by the commission to a vote of the electors, such power being known as areferendum. (Ord. 0-84-14, passed 2-3-84) (b) Referendum Petition. A petition that meets the requirements of this Article 5 and that proposes a referendum shall be termed a referendum petition and shall be acted upon as provided in this Article. Sec. 5.02. Initiative measures subject to referendum. Measures submitted to the commission by initiative petition and passed by the commission without change or passed in an amended form shall be subject to the a referendum in the same manner as other measures. (Ord. 0-84-14, passed 2-3-84) Sec. 5.03. Referendum Petition — Authority to file; number of signatures required. Upon the passage of any mcasufe--by the commission, a delivery of a referendum petition signed by at least fifteen percent (15%) of the total number of registered voters in each of four (4) districts of the city and at least fifteen percent (15%) of the total number of registered voters of the city as a whole, all as shown by the official registration books, may be filed with submitted to a vote of the electors a referendum shall be considered sufficient and shall be acted upon as provided herein. (Ord. 0-84-14, passed 2-3-84; Am. Ord. 0-99-17, passed 6-16-99) Sec. 5.04. Same Referendum Petition — Requirements: filing. (a) The signatures thereto Signatures on a referendum petition need not be all on one (1) paper, but the circulator of every such paper shall make an affidavit that each signature appended thereto to the petitionis the genuine signature of the person whose name it purports to be, which affidavit shall be substantially in the following form: STATE OF FLORIDA COUNTY OF BROWARD, ss being duly sworn, deposes and says that he or she is the circulator of the foregoing initiative petition containing signatures, and that the signatures appended thereto were made in his or her presence and are the signatures of the persons whose names they purport to be. Signed Subscribed and sworn to before me this day of , 4-9 20 Notary Public 14 (b) With each signature the petition also shall be stated state the place of residence of the signer, giving the street and number or other description sufficient to identify the place signer's residence. (c) All such papers shall be filed -in the office of the city clerk as one (1) petition. (d c) A referendum petition need not contain the full text of the measure designated therein -and of which the repeal is sought but shall briefly and fairlydescribe the ordinance or part thereof sought to be repealed. (Ord. 0-84-14, passed 2-3-84; Am. Ord. 0-99-34, passed 10-20-99) (d) All referendum petitions shall have written or printed on the petition the names and addresses of a least five (5) registered voters who shall constitute committee of the petitioners for the purposes hereinafter provided. (e) All referendum petition papers shall be filed in the Office of the City Clerk, securely fastened together, as one (1) petition. Sec. 5.05. Same --Sufficiency; certification Referendum Petiton — Certification and Procedure when insufficient. (a) Within twenty (20) days after the filing of the referendum petition, the clerk shall certify thereon on the petition the number of registered voters in each district of the city and in the city as a whole whose signatures are appended thereto and whether or not the petition is signed by at least fifteen percent (15%) of the total number of registered voters in each of four (4) districts of the city and at least fifteen percent (15%) of the total number of registered voters of the city as a whole, all as shown by the county registration books. (b) If by the clerk's certificate the number of registered voters signing the petition is shown to be insufficient, it such notice in writing shall be given to each member of the committee of petitioners, notifying them of the number of missing signatures in each deficient category. The petition may be amended within ten (10) twenty-one (21) days from the date of the such certificate by the filing of supplementary petition papers with tz,,- hesig; ate f containing the additional registered voters thereon signatures. (c) The eIer-k-shall w itbln- Within ten (10) days after filing the supplementary petition; papers, the clerk shall certify thereon on the supplementary petition whether the total number of registered voters signing signers to both the original petition and the supplementary petition is sufficient as required by this section Article. If it is insufficient, the clerk shall notify each member of the committee of petitioners in writing of that fact. (Ord. 0-84-14, passed 2-3-84; Am. Ord. 0-99-17, passed 6-16-99) (d) The final finding of the insufficiency of the petition shall not prejudice the filing of a new petition for the sam purpose. Sec. 5.06. Election Referendum Petitions — Submission to commission. (a) If the clerk's certificate shows the number of registered voters signing signers to the referendum petition is to be sufficient, the clerk shall submit the proposed measure to the commission shall reconsider the measure or such section thereof as the petition shall specify at its next meeting 15 (b) Upon receiving the proposed referendum, the commission shall proceed to consider the referendum and shall take final action on the referendum within ninety (90) days from the date the referendum is submitted to the commission. Sec. 5.07. Election process (b a) If upon reconsideration by the commission such referendum measure or part thereof is not repealed or amended as demanded in the referendum petition, then the measure shall be submitted by the commission shall provide for submitting the -same to a vote of the electors at the next municipal election if one is to be held not less sooner than ninety (90) days mere and not later than one hundred twenty (120) days after the receipt final action by the commission of the clerk's certificate. (eh) In the event no municipal election is to be held within the time specified in subsection (b a), then the commission shall submit such measure or part thereof to the electors at a special election to be called by the commission not less sooner than ninety (90) days nor mere and not later than one hundred twenty (120) days after the receipt of the clerk's certificate final action by the commission. (Ord. 0-84-14, passed 2-3-84) (c) When submitted to a vote of the electors, the measure shall be in the form set forth in subsection 5.08. Sec. 5.07. Sub,missi by ba"et-title 5.08. Form of ballot: effective upon adoption by majority participating. (a) The proposed measure referendum question shall be submitted by ballet -title committee of petitioners to the city clerk for preparation and placement on the official ballot for the referendum. (b) There shall appear upon the official ballot a description of any such proposed measure which shall be The ballot language shall contain a clear; and concise statement, without argument or prejudice, descriptive of describing the substance of such the referendum measure that is being presented for vote by the electors. (c) The question shall be submitted by the committee of the petitioners if for an initiative, to the city clerk for preparation and placement on the ballot or, if a referen m—rcasure, also submit to the city clerk for preparation and placement on the ballot. (Ord. 0-84-14, passed 2-3-84) S . 1: 08 Form of ballo (c) The ballot used when voting upon cuch proposed measure the referendum shall designate the measure, and below it the two (2) alternatives: "For the rn asuro YES" and "Against the measure NO." (Ord. 0-84-14, passed 2-3-84) S 16 (a) Whcn a petition -is -filed -pursuant to section 5.03, the -measure itg„es ion shall nee- si spended from -continuing in effect-wh11c the referendum or the action of tr eemmissien thereon is pending, but shall -ha mull -force and effeet (b d) When any rn acuro commission action submitted to a referendum vote of the electors is not adopted repealed by a majority of those voting thereon, it the repealed commission action shall be considered repealed as regards any further action thereunder; and all rights and privileges conferred by it shall be null and void. (e e) The measure commission action repealed as provided by subsection (b d) shall be deemed sufficient authority for any payment made or expense incurred in accordance with the measure prior to the referendum or the action of the commission thereon. (Ord. 0-84-14, passed 2-3-84) Sec. 5.09. Petition not to affect measure pending referendum. (a) When a referendum petition is filed pursuant to subsection 5.04 the measure in question shall not be suspended from continuing in effect while the referendum or the action of the commission thereon is pending. but shall have full force and effect. Sec. 5.10. Preference when measures conflict. If two (2) or more referendum measures adopted or approved at the same election conflict in respect to any of their provisions, they shall be effective in respect to such of their provisions as are not in conflict; and the one receiving the highest affirmative vote shall prevail insofar as their provisions conflict. (Ord. 0-84-14, passed 2-3-84) ARTICLE VI. CITY MANAGER Sec. 6.01. Administrative powers. The city manager shall be the administrative head of the city government and shall be responsible for the efficient administration of all departments of the city. (Ord. 0-84-14, passed 2-3-84) Sec. 6.02. Term; salary. (a) The city manager shall be appointed by a majority vote of the commission for an indefinite term. The commission shall hold an annual review of the city manager at a public meeting. (b) The city manager shall hold office at the will of the commission and shall receive such salary as may be fixed by the commission. (Ord. 0-84-14, passed 2-3-84) Sec. 6.03. Absence from duties. In case of prolonged sickness or prolonged absence of the city manager, the commission may appoint another person, not a member of the commission, to act for the city manager during such sickness or absence. The person so appointed may, during such tenure, act for the city manager and perform all his or her duties and all of such acts of the person so 17 appointed shall be as valid as those performed by the city manager. In all other situations, the city manager shall name a temporary acting city manager. (Ord. 0-84-14, passed 2-3-84; Am. Ord. 0-99-34, passed 10-20-99) Sec. 6.04, Powers and duties. The powers and duties of the city manager shall be: (1) To see that the laws and ordinances are enforced. (2) To appoint and remove, except as otherwise provided, all subordinate officers and employees. (3) To exercise control over all departments that may be created by the commission. (4) To attend all meetings of the commission with the right to take part in the discussion but having no vote. (5) To recommend to the commission for adoption such measures as he or she may deem necessary or expedient. (6) To keep the commission fully advised as to the general condition of the city, including but not limited to, its financial condition of the city, and to submit annually a budget. (7) To perform such other duties as may be required of him or her by ordinance or resolution of the commission. (Ord. 0-84-14, passed 2-3-84; Am. Ord. 0-99-34, passed 10-20-99) ARTICLE VII. CITY ATTORNEY Sec. 7.01. Appointment, term; salary. (a) The city attorney shall be appointed by a majority vote of the city commission for an indefinite term. The commission shall hold an annual review of the city attorney at a public meeting. (b) The city attorney shall hold office at the will of the commission and shall receive such salary as may be fixed by the commission. (Ord. 0-84-14, passed 2-3-84) Sec. 7.02. Qualifications and duties. (a) The city attorney shall be an active member in good standing of The Florida Bar ctice in all of the courts of this state. (b) The city attorney shall: (1) Act as the legal advisor to and counselor for the municipality, and all of its officers, in matters relating to their official duties. (2) Prepare all contracts, and other instruments in writing in which the municipality is concerned, and shall endorse on each his /or her approval of the form thereof; and no contract with the municipality shall take effect until his/her approval is so endorsed thereon. 18 (3) Make emergency legal decisions on filing suits and appeals pursuant subject to ratification of the commission. (4) When requested to do so by resolution of the commission, prosecute and defend on behalf of the city all complaints, suits and the controversies in which the city is a party. (5) When so requested, furnish the commission, the city manager, the head of any department, or any officer or board not included within a department his or her opinion on any question of law involving their respective powers and duties. (6) Perform such other professional duties as may be required of him/her by resolution of the commission or as prescribed for city attorneys in the general law of the state, wT i -are- not inconsistent with this Charter. (Ord. 0-84-14, passed 2-3-84; Am. Ord. 0-99-34, passed 10-20-99) Sec. 7,03. Absence from duties. In case of prolonged sickness or prolonged absence of the city attorney, the commission may appoint another person, not a member of the commission, to act for the city attorney during such sickness or absence The person so appointed may, during such tenure, act for the city attorney and perform all his or her duties; and all of such acts of the person so appointed shall be as valid as those performed by the city attorney. In all other situations, the city attorney shall name a temporary acting city attorney. Each appointee pursuant to this section shall be an active member in good standing of The Florida Bar. (Ord. 0-84-14, passed 2-3-84; Am. Ord. 0-99-34, passed 10-20-99) ARTICLE VIII. OFFICERS AND EMPLOYEES Sec. 8.01. Other city officers; appointments. (a) The city manager shall appoint all other officers and employees as provided by law, except the city attorney shall appoint all assistant city attorneys. (b) Any one (1) person or employee may be appointed to hold more than one (1) office or position; provided, however, that the director of the department of financial services may not hold the office of purchasing agent. (Ord. 0-84-14, passed 2-3-84; Am. Ord. 0-94-06, passed 2-2-94; Am. Ord. 0-95-67, passed 11-1-95) Sec. 8.02. Interference with appointment or duties of officers and employees. Neither the commission nor any of its members shall dictate the appointment of any person to office or employment by the city manager or city attorney nor in any way prevent the city manager or city attorney from exercising his/her own judgment in selecting the personnel of his/her administration. (Ord. 0-84-14, passed 2-3-84; Am. Ord. 0-99-34, passed 10-20-99; Am. Ord. 0-2010-28, passed 7-21-10) ARTICLE IX. CIVIL SERVICE All sections of the former Article IX of this Charter, which provided the Civil Service System of the city, are ordinances which shall be amended or repealed as other ordinances. (Ord. 0-2010-30, passed 7-21-10) 19 ARTICLE X. PENSIONS AND RETIREMENT All sections of the former Article X of this Charter, which provided the Employees' Retirement Fund of the city, are ordinances which shall be amended or repealed as other ordinances. (Ord. 0-2010-30, passed 7-21-10) ARTICLE XL CHARTER REVIEW COMMITTEE Sec. 11.01. Statement of purpose. The charter review committee is created for the purpose of conducting a comprehensive study of the city Charter, and any or all phases of city government, in conformance with this Article. (Ord. 0-2010-31, passed 7-21-10) Sec. 11.02. Appointment, membership and records. (a) Appointment. There shall be a charter review committee appointed by resolution of the city commission at the first regular city commission meeting in March of 2017 and every six (6) years thereafter. (b) Membership. The charter review committee shall consist of no less fewer than nine (9) and no more than eleven (11) members. In appointing the members, the city commission shall make every reasonable effort to appoint at least one (1) member from each city district. The members shall be residents and registered voters of the city at the time of appointment and throughout their terms. To have the immediate past chair and vice chair serve as ex- officio members. No elected official of the state, county or any municipality, nor any city employee, may serve as a voting member of the charter review committee. (c) Term of appointment. The term of each member of the charter review committee shall expire the day after the presidential or gubernatorial election, whichever appears first, held after the first Monday in November one (1) year after the year in which said members were appointed. The city commission may, by resolution, extend the term, but only to enable the committee to complete its work for the then current six (6)-year cycle. (d) Vacancies. Upon request approved by a supermajority vote of the then current committee membership, vacancies in committee membership may be filled by the city commission in the same manner as for original appointments, for the remainder of the vacant position's unexpired term. (e) Records. The city shall maintain copies of all written, recorded, and electronic records of the charter review committee in conformance with applicable law. (Ord. 0-2010-31, passed 7-21-10) Sec. 11.03. Responsibilities. (a) Hearings. During its term, the charter review committee shall hold at least three (3) public hearings. (b) Charter amendments and revisions. By a vote of two-thirds (2/3) of its then current membership, the charter review committee may submit proposals to amend or revise the 20 Charter to the city commission. The charter review committee must submit to the city commission any proposed Charter amendments or revisions with associated ballot language no later than the first Tuesday in June of the year in which the term of the charter review committee expires. The city commission shall place the charter review committee's proposals with the associated ballot language on the ballot at the next presidential or gubernatorial election, whichever occurs first. (c) Quorum. A majority of the then current membership of the committee shall constitute a quorum. (d) Exercise of responsibilities. In exercising its responsibilities, the charter review committee shall: (1) Elect a chair and a vice -chair; (2) Adopt such internal procedures and rules as may be necessary to carry out its duties; (3) Receive legal counsel from the office of the city attorney, and receive administrative assistance from the office of the city manager, as may be necessary to carry out its duties; and (4) Request of the city commission authorization and funding for the employment of professional and expert assistants as may be necessary to carry out the committee's duties. (Ord. 0-2010-31, passed 7-21-10) ARTICLE XII. FIREMEN'S PENSIONS AND RETIREMENT All sections of the former Article XII of this Charter, which provided the Firefighters' Pension System of the city, are ordinances which shall be amended or repealed as other ordinances. (Ord. 0-2010-30, passed 7-21-10) ARTICLE XIII. LIMITATION ON SALE, LEASE OR PURCHASE OF CITY - OWNED REAL PROPERTY Sec. 13.01. Sale of city -owned real property. (a) Any real property which the city proposes to sell or otherwise dispose of must be appraised by one (1) independent, qualified appraiser. However, property which is listed by the Broward County Property Appraiser as having a value of not more than twenty-five thousand dollars ($25,.000.00) may be sold or disposed of without an appraisal. If such independent appraiser values the property in excess of two hundred fifty thousand dollars ($25Q.000.00), an additional independent appraisal shall be obtained. If the two (2) appraisals differ by more than twenty-five percent (25%), a third independent appraisal shall be obtained. (b) A five -sevenths (5/7) vote of the total commission membership shall be necessary for the sale or disposition of any property valued by any of the appraisers in excess of two hundred fifty thousand dollars ($250,000.00). If the property is valued by any of the appraisers at a value which equals or exceeds one million dollars ($1,000,000.00), the sale or 21 other disposition of such property shall require approval by either a five -sevenths (5/7) vote of the city commission or by a majority vote of the city's electors voting on such proposal. (c) Notwithstanding the provisions of this section, any real property which is beach or beachfront, a park, golf courses or other recreational facilities, which the city proposes to sell or to otherwise dispose of, must be approved by a majority vote of the city's electors voting on such proposal. (d) The threshold amounts specified in subsections (a) and (b) shall be adjusted based on information contained in the "Certification of Taxable Value" designated as Form DR-420, received each year from the Broward County Property Appraiser. Specifically, each threshold amount shall be adjusted by multiplying it by a fraction the numerator of which is the difference between the amount designated as "[c]urrent year taxable value of real property for operating purposes" in the last "Certification of Taxable Value" received prior to the date of a sale or other disposition of property and the sum of the amounts designated as "[c]urrent year net new taxable value" in each "Certification of Taxable Value" received from 2011 to the last "Certification of Taxable Value" received prior to the date of the sale or other disposition, and the denominator of which is the amount designated as "[c]urrent year taxable value of real property for operating purposes" in the "Certification of Taxable Value" received in 2010. (e) Notwithstanding the provisions of this section, whenever the city owns two or more parcels of real property that are contiguous and the city proposes to sell or otherwise dispose of one or more but not all of such contiguous parcels, a five -sevenths (5/7) vote of the total commission membership shall be required to authorize such sale or other disposition, regardless of the valuation of the parcels proposed to be sold or otherwise disposed of. (Ord. 0-84-14, passed 2-3-84; Am. Ord. 0-99-17, passed 6-16-99; Am. Ord. 0-99-34, passed 10-20-99; Am. Ord. 0-2010-29, passed 7-21-10) Sec. 13.02. Lease of city -owned real property. (a) Any lease, or the functional equivalent of a lease, of real property owned by the city which has a term of twenty (20) years or longer but not more than fifty (50) years must be approved by a five- sevenths (5/7) vote of the city commission and fifty (50) years or longer OF by a majority vote of the city's electors voting on such proposal. (b) Any lease, or the functional equivalent of a lease, of real property owned by the city which can be renewed and which term can reach twenty (20) years but not more than fifty (50) years, both without an additional vote of the city commission, must be approved by a five -sevenths (5/7) vote of the city commission and fifty (50) years or longer Of by a majority vote of the city's electors voting on such proposal. (Ord. 0-84-14, passed 2-3-84; Am. Ord. 0-99-34, passed 10-20-99; Am. Ord. 0-2010-29, passed 7-21-2010) (c) Notwithstanding the provisions of this section, any real property which is beach or beachfront, a park, golf courses or other recreational facilities, which the city proposes to lease for a term longer than 50 years, must be approved by a majority vote of the city's electors voting on such proposal. Sec. 13.03. Purchases of real property by city. 22 (a) One independent, qualified appraisal shall be obtained for any real property the city is considering purchasing. If the property is appraised at a value in excess of two hundred fifty thousand dollars ($250,000.00), a second independent qualified appraisal shall be obtained. Any purchase of real property by the city in an amount in excess of two hundred fifty thousand dollars ($250,000.00) must be approved by a five -sevenths (5/7) vote of the total commission membership. (b) The threshold amount specified in subsection (a) shall be adjusted based on information contained in the "Certification of Taxable Value," designated as Form DR-420, received each year from the Broward County Property Appraiser. Specifically, the threshold amount shall be adjusted by multiplying it by an amount equal to a fraction, the numerator of which is the difference between the amount designated as "[c]urrent year taxable value of real property for operating purposes" in the last "Certification of Taxable Value" received prior to the date of a purchase of property and the sum of the amounts designated as "[c]urrent year net new taxable value" in each "Certification of Taxable Value" received from 2011 to the last "Certification of Taxable Value" received prior to the date of the purchase, and the denominator of which is the amount designated as "[c]urrent year taxable value of real property for operating purposes" in the "Certification of Taxable Value" received in 2010. (c) Notwithstanding the provisions of this section, whenever two (2) or more contiguous parcels of real property are unified under one (1) owner and the city proposes to purchase one (1) or more but not all of such contiguous parcels, a five -sevenths (5/7) vote of the total commission membership shall be required, regardless of the valuation of the parcels proposed to be purchased. (Ord. 0-99-34, passed 10-20-99; Am. Ord. 0-2010-29, passed 7-21-10) ARTICLE XIV. TRANSITION AND EFFECTIVE DATE Sec. 14.01. Former Charter provisions. All provisions of chapter 30836, Laws of Florida, Special Acts 1955, as amended, which are not included herein nor repealed as a limitation on the exercise of home rule powers by chapter 166, Florida Statutes, or which are not repealed by ordinance or this Charter, are ordinances which shall be amended or repealed as other ordinances. (Ord, 0-84-14, passed 2-3-84) Sec. 14.02. Ordinances and resolutions continuing. All ordinances and resolutions in effect upon the adoption of this Charter to the extent they are not inconsistent or in conflict with this Charter shall remain in full force and effect until modified or repealed in the manner provided by law. (Ord. 0-84-14, passed 2-3-84) Sec. 14.03. Repeal of conflicting ordinances and resolutions. All laws, ordinances or resolutions or parts of laws, ordinances or resolutions insofar as they are in conflict or inconsistent with the provisions of this Charter be and the same are hereby repealed. (Ord. 0-84-14, passed 2-3-84) Sec. 14.04. Rights of city commissioners and officials. 23 (a) The current city commissioners shall continue to hold their offices and discharge the duties thereof until their successors are duly elected and qualified under the provisions of this Charter. (b) The current city officials who are, by the provisions of this Charter, appointed by the city commission shall continue to hold their positions and discharge their duties at the pleasure of the city commission. (Ord. 0-84-14, passed 2-3-84) Sec. 14.05. Pending matters. All rights, claims, actions, orders, contracts and legal or administrative proceedings involving the city shall continue after the adoption of this Charter. Should any such matter be in conflict herewith, said orders, contracts and legal or administrative proceedings shall be brought into conformance herewith as soon as is legally possible. (Ord. 0-84-14, passed 2-3-84) 24 Sec. 14.06. Severability. The provisions of this Charter are severable; and if any section, part or [of] section, paragraph, sentence or clause of this Charter shall be adjudged by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of any other portion thereof but shall be restricted and limited in its operation and effect to that specific portion hereof involved in the controversy in which such decisions shall have been rendered. (Ord. 0-84-14, passed 2-3-84; Am. Ord. 0-99-34, passed 10-20-99) Sec. 14.07. Effective date. This Charter, if approved by a majority of the electors voting in the municipal election scheduled for March, 1984, shall take effect as of October 1, 1984. (Ord. 0-84-14, passed 2- 3-84) 25 CITY OF PALM COAST - CHARTER Art. I. - Municipal powers. The City of Palm Coast, hereinafter "City," shall be a body corporate and politic and shall have all the powers of a municipality under the Constitution and laws of the State of Florida, as fully and completely as though such powers were specifically enumerated in this Charter, unless otherwise prohibited by or contrary to the provisions of this Charter. The City shall have all governmental, corporate, and proprietary powers necessary to enable it to conduct municipal government, perform municipal functions, and render municipal services, and may exercise any power for municipal purposes unless expressly prohibited by law. The powers of the City shall be liberally construed in favor of the City, and specific mention of particular powers in this Charter shall not be construed as limiting in any way the general power granted in this Article. (Ord. No. 2018-9 , § 1(Exh. A), 4-3-18) Art. II. - Form of government. The City of Palm Coast shall operate under a Council -Manager form of government. The general duties of the Council (described in Art. IV) shall be to set policy; the general duties of the Manager (described in Art. V) shall be to carry out those policies. (Ord. No. 2018-9 , § 1(Exh. A), 4-3-18) Art. Ill. - Corporate limits. The corporate limits of the City shall consist of the boundaries in the initial Charter of Palm Coast filed December 31, 1999, in the Secretary of State's office, State of Florida, and, in addition thereto, all lands annexed by the City of Palm Coast, Florida, subsequent to December 31, 1999 and prior to the effective date of this Charter. All Ordinances of annexation of the City of Palm Coast heretofore adopted and as may be adopted subsequent to the effective date of this Charter are hereby incorporated herein and the lands described in such Ordinances, together with the boundaries of the City as previously described, are hereby extended to the corporate limits of the City of Palm Coast, Florida. (Ord, No. 2018-9 , § 1(Exh. A), 4-3-18) Art. IV. - City council. about:blank I/24/2019 (1) City Council: composition; qualifications for office. (a) Composition. 1. There shall be a five member City Council consisting of four District members and a Mayor. 2. There shall be four districts within the City, the boundaries of which are as outlined in Article VIII. These districts shall be designated as District One, District Two, District Three, and District Four. Each of the four Council members shall run from the district in which they live, but be elected at -large; and, the Council members elected from each district shall be considered to hold Seat One, Seat Two, Seat Three, and Seat Four. 3. The Mayor shall live within the City boundaries. The Mayor shall run at - large, and be elected at -large. (b) Qualifications for office: 1. Each candidate for office shall be a qualified elector of the City. 2. Each individual seeking to qualify as a candidate for one of the four seats on the Council shall: a. Submit a petition supporting his/her candidacy to the City Clerk containing the signatures of at least one percent of the electorate residing within the district (as identified in the most recent decennial census) which he/she seeks to run no later than noon on the 28th day preceding the first day of the qualifying period for the office sought or, Pay to the City Clerk a qualifying fee of ten percent of the salary of the office he/she seeks to run for. b. At the time of qualification, each candidate for a Seat on the Council shall reside within the boundaries of the district that he/she seeks to run from. For the length of their term, Council members shall maintain residency within the boundaries of the district from which he/she ran. In addition, candidates, and Council members, shall reside at least 45 weeks in each year in the district in which they live. 3. Each individual seeking to qualify as a candidate for Mayor shall: a. about:blank 1/24/2019 Submit a petition supporting his/her candidacy to the City Clerk containing the signatures of at least one percent of the electors residing within City limits (as identified in the most recent decennial census) no later than noon on the 28th day preceding the first day of the qualifying period for the office sought; or, pay to the City Clerk a qualifying fee of ten percent of the Mayoral salary. b. At the time of qualification, each candidate for Mayor shall reside within the City limits. For the length of the Mayor's, the Mayor shall maintain residency within the City limits. In addition, Mayoral candidates, and the elected Mayor, shall reside at least 45 weeks in each year within the City limits. (2) Terms of office. (a) The term of office for each District Member shall be four years. (b) No Council member or Mayor may serve more than two successive four-year terms in the same seat. (c) Each Council member shall remain in office until his/her successor is elected and assumes the duties of the position at the first meeting of the new Council, which shall be held in accordance with City ordinance. (3) Powers and duties ofCounci/. Except as otherwise prescribed herein or provided by law, legislative and police powers of the City shall be vested in the Council. The Council shall provide for the exercise of its powers and for the performance of all duties and obligations imposed on the City by law. (4) Powers and duties of the Mayor. (a) Powers. In addition to the regular powers invested in any other Council member, the Mayor shall: be recognized by the governor for purposes of military law; have the power to declare an emergency situation; have the power for service of process, and execution of contracts, deeds and other documents; have the power to represent the City in all agreements with other governmental entities or certifications to other governmental entities that the Council has approved. (b) about:blank 1/24/2019 Duties. In addition to the Mayor's regular duties, the Mayor shall: preside at meetings of the Council and be recognized as the head of City government for all ceremonial occasions. The Mayor shall have no administrative duties other than those necessary to accomplish these actions, or such other actions as may be authorized by the City Council, consistent with general or special law. (5) The Vice -Mayor: election and duties. (a) Election. There shall be a Vice -Mayor elected annually by the Council from among the Council members. Such election shall take place at the first meeting after the general election, or at the organizational meeting during years when there is no election. (b) Duties. The Vice -Mayor shall have the same legislative powers and duties as any other Council member, except that the Vice -Mayor shall serve as Acting Mayor during the absence or disability of the Mayor, and during such period, shall have the same duties as provided for in Art. IV. In the absence of the Mayor and Vice -Mayor, the remaining Council members shall select a Council member to serve as Acting Mayor. (6) Compensation and expenses (a) Compensation. The Council members and Mayor shall receive compensation as established by ordinance. Such compensation shall not take effect until the date of commencement of the terms of Council members elected at the next regularly scheduled election that follows the adoption of said ordinance by at least six months. (b) Expenses. The Council may provide for reimbursement of actual expenses incurred by its members while performing their official duties. (7) Vacancies; forfeiture of office; suspension; recall; filling of vacancies. (a) Vacancies. A vacancy in the office of the Mayor or of a Council seat shall occur upon any of the following: upon the death of the incumbent; removal from office as authorized by law; resignation; appointment to other public office which creates dual office holding; judicially determined incompetence; or forfeiture of office as herein described. (b) about:blank 1/24/2019 Forfeiture of office. The Mayor or any other Council member shall forfeit his/her office upon determination by the Council, acting as a body, that he/she: 1. Lacks at any time, or fails to maintain during his/her term of office, any qualification for the office prescribed by this Charter or otherwise required by law; 2. Is convicted of a felony, or enters a plea of guilty or no% contendere to a crime punishable as a felony, even if adjudication of guilt has been withheld; 3. Is convicted of a first degree misdemeanor arising directly out of his/her official conduct or duties or enters a plea of guilty or nob contendere thereto, even if adjudication of guilt has been withheld; 4. Is found to have violated any standard of conduct or code of ethics established by law for public officials and has been suspended from office by the Governor, unless subsequently reinstated as provided by law; or 5. Is absent from three consecutive regular Council meetings without being excused by the Council. (c) Suspension from office. The Mayor or any other Council member shall be suspended from office by the Council acting as a body upon return of an indictment or issuance of an information charging the Council member or Mayor with any crime which is punishable as a felony or with any crime arising out of his/her official conduct or duties which is punishable as a misdemeanor. Pursuant thereto: 1. During the period of suspension, the Mayor or the Council member shall not perform any official act, duty, or function, or receive any allowance, emolument, or privilege of office. 2. If the Mayor or the Council member is subsequently found not guilty of the charge, or if the charge is otherwise dismissed or altered so that suspension would no longer be required as provided herein, the suspension shall be lifted by the Council, and the Council member or Mayor shall be entitled to receive full back allowances and such other emoluments or as he/she would have been entitled to had the suspension not occurred. about:blank 1/24/2019 (d) Recall. The electors of the City following the procedures for recall established by general law or ordinance may remove the Mayor or any member of the City Council from office. (e) Filling of vacancies. 1. If, for any reason other than recall, a vacancy occurs in the office of Mayor, the Vice Mayor shall assume the position of Mayor, and within 30 days following the occurrence of such vacancy, a Special Election shall be called as outlined in Art. VII. The Special Election for Mayor shall be for the remainder of the unfilled term. 2. If, for any reason other than recall, a vacancy occurs in the office of any Council seat within the first two years of a term, the office shall be filled by appointment within 30 days following the occurrence of such vacancy by majority vote of the remaining Council members. Such appointments shall last until the next regularly scheduled election, at which time the seat shall be declared open and an election held for the remaining two years of the original term, thus continuing the original staggering of district seats. 3. If, for any reason other than recall, a vacancy occurs in the office of any Council seat within the last two years of a term, the office shall be filled by appointment within 30 days following the occurrence of such vacancy by majority vote of the remaining Council members. Such appointments shall last until the next regularly scheduled election, at which time the seat shall be declared open and an election held for the regular four- year term. 4. If a vacancy occurs as a result of a Recall Petition, such vacancy will be filled by Special Election as outlined in Art. VII. 5. Any person appointed to fill a vacant seat on the Council is required to meet all the qualifications for office except the petition requirement. (8) City Council meetings; organizational meeting; quorum; special meetings. The Council shall meet regularly at least once a month, at such times and places as the Council may prescribe by ordinance. Such meetings shall be public meetings, and shall be subject to notice and other requirements of law applicable to public meetings. Pursuant thereto: about:blank 1/24/2019 (a) Organizational meeting. The first meeting following a general City election at which elected or re-elected Council members are inducted into office shall be held in accordance with City ordinance. (b) Quorum. A majority of the Council, including the Mayor, shall constitute a quorum. No action of the Council shall be valid unless adopted by an affirmative vote of the majority of the Council members and Mayor in attendance, unless otherwise provided by law, ordinance, or stated herein. All actions of the City Council shall be by ordinance, resolution, or motion. (c) Special meetings. Special meetings may be held at the call of the Mayor, or, in the absence of the Mayor, at the call of the Vice -Mayor. Special meetings may also be called upon the request of a majority of the Council members. The City Clerk shall provide not less than 24 hours prior notice of the meeting to the public, unless a declared emergency situation exists. (9) City records The Council shall, in a properly indexed book kept for the purpose, provide for the authentication and recording in full of all minutes of meetings, and all ordinances and resolutions adopted by the Council, and the same shall at all times be a public record. In addition, the Council shall keep verbatim recordings of all meetings in accordance with state law. The Council shall further maintain a current codification of all ordinances. Such codification shall be printed and be made available to the public on a continuing basis. All ordinances or resolutions of the Council shall be signed by the Mayor or in the Mayor's absence, by the Vice - Mayor, or in the absence of both, by the Acting Mayor, and attested to by the City Clerk. (10) Limit of employment of Council members. Neither Council members nor the Mayor shall be in the employment of the City while in office, nor shall any former Council member or former Mayor be employed by the City until after the expiration of one (1) year from the time of leaving office. (11) Noninterference by City Council, Except for the purpose of inquiry and information, the Council and its members, including committees thereof, are expressly prohibited from interfering with the performance of the duties of any City employee who is under the direct or indirect supervision of the City Manager or City Attorney. Such action shall be malfeasance within the meaning of Florida Statutes. (Ord. No. 2018-9 , § 1(Exh. A), 4-3-18) about:blank 1/24/2019 Art. V, - Charter officers. The designated Charter Officers shall be the City Manager and the City Attorney. (1) Designated Charter Officers: appointment; removal; compensation; filling of vacancies; candidate for City office. (a) Appointment. The Charter Officers shall be appointed by a majority vote of the full Council and shall serve at the pleasure of the Council. (b) Removal. The Charter Officers shall be removed from office only by a majority vote of the full Council. If the vote is less than unanimous, the Charter Officer may, within seven days of the dismissal motion by the Council, submit to the Mayor a written request for reconsideration. Any action taken by the Council at the reconsideration hearing shall be final. (c) Compensation. The compensation of the Charter Officers shall be fixed by the City Council. (d) Filling of Vacancy. The City Council shall begin the process to fill a vacancy in the Charter Office of the City Manager or City Attorney within 90 days of the vacancy. An Acting City Manager or Acting City Attorney may be appointed by the Council during a vacancy in office. (e) Candidate for City Office. No Charter Officer shall be a candidate for any elected office while holding his/her Charter Office position. (2) City Manager: qualifications; residency; powers and duties. The City Manager shall be the chief Administrative Officer of the City. (a) Qualifications. The City Manager shall be selected on the basis of experience, expertise, and management ability as it pertains to running municipal government. (b) Residency. Although the City Manager need not be a resident of the City at the time of appointment, within six (6) months of such appointment, he/she shall establish and maintain residency within the corporate limits of the City. Upon request of the City Manager, this 6-month period may be extended by the City Council for an additional 6-month period. (c) Power and Duties. The City Manager shall: 1. Attend all meetings of the City Council. 2. about:blank 1/24/2019 Draw and sign vouchers upon depositories, and keep, or cause to be kept, a true and accurate account of same. Such vouchers shall be counter signed by the Mayor or by the Vice -Mayor in the event the office of Mayor is vacant. If both the Mayor and Vice Mayor offices are vacant, the Acting Mayor shall countersign such vouchers. 3. Be responsible for: signature and issuance of all licenses issued by the City; issuance of receipts for all moneys paid to the City; and deposit of said moneys in the proper depositories on the first banking day after receipt. 4. Provide administrative services as required by the Mayor and the Council. S. Appoint a City Clerk to serve at his/her pleasure. 6. Appoint and suspend or remove any employee of the City. The City Manager may authorize any administrative officer who is subject to his/her direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency within the guidelines of stated personnel policies and procedures. 7. Direct and supervise the administration of all departments, offices, and agencies of the City, except as otherwise provided by this Charter or by law. 8. See that all laws, provisions of this Charter, and acts of the Council are faithfully executed. 9. Prepare and submit annually a balanced budget, budget message, and capital program to the Council. 10. Keep the Council fully advised as to the financial condition and future needs of the City and make such recommendations to the Council concerning the affairs of the City. 11. Submit to the Council, and make available to the public, a complete report on finances and administrative activities of the City as of the end of each' fiscal year. 12. Sign contracts on behalf of the City to the extent authorized by the about:blank 1/24/2019 Council. 13. Perform other such duties as are specified in this Charter or as may be directed by the Council. (3) City Attorney: qualifications; residency; powers and duties. The City Attorney shall be the chief legal officer of the City. The City Attorney may either be retained in-house, or be retained part-time under contract. (a) Qualifications. The City Attorney shall be a member in good standing of the Florida Bar. (b) Residency. If retained in-house, the City Attorney shall, within six (6) months of such appointment, establish and maintain residency within the corporate limits of the City. Upon request of the City Attorney, this 6-month period may be extended by the City Council for an additional 6-month period. If City Attorney services are contracted, such attorney need not be a resident of the City. (c) Powers and Duties. The City Attorney shall: 1. Serve as chief legal advisor to the City Council, the City Manager, and all City departments, offices, City advisory boards, and agencies. 2. If in-house; appoint, suspend or remove such assistant attorneys as may be required. If City Attorney services are contracted, the City Manager shall appoint, suspend or remove any in-house assistant attorneys as may be required. The remainder of the staff of the Office of City Attorney shall be employees of the City, appointed, suspended, or removed under the regular personnel policies and procedures of the City. 3. The City Attorney or designee shall attend all City Council meetings unless excused by the City Council, and shall perform such professional duties as may be required by law or by the Council in furtherance of the law. 4. The City Attorney shall prepare an annual budget for the operation of the Office of the City Attorney and shall submit this budget to the City Manager for inclusion in the annual City budget, in accordance with uniform City procedures. about:blank 1/24/2019 (Ord. No. 2018-9 , § 1(Exh. A), 4-3-18) Art. VI. - Budget and appropriations. (1) Fiscal year. The City fiscal year shall begin on October 1 of each year and end on September 30 of the succeeding year. (2) Budget adoption. The Council shall by resolution adopt a budget on or before the 30th day of September of each year. A resolution adopting the annual budget shall constitute appropriation of the amounts specified therein as expenditures from funds indicated. (3) Appropriation amendments during the fisca/year: Supplemental appropriations; reduction of appropriations; transfer of appropriations; limitations; effective date; limitations to Councils contracting authority. (a) Supplemental appropriations. If, during the fiscal year, revenues in excess of those estimated in the budget are available for appropriation, the Council may, by resolution, make supplemental appropriations for the year in an amount not to exceed such excess. (b) Reduction of appropriations. If, at any time during the fiscal year, it appears probable to the City Manager that the revenues available will be insufficient to meet the amount appropriated, the City Manager shall report same to the Council without delay, indicating the estimated amount of the deficit, any remedial action to be taken, and recommendations as to any other steps that should be taken. The Council shall then take such further action as it deems necessary to prevent any deficit and, for that purpose, the Council may by resolution reduce one or more appropriations accordingly. (c) Transfer of appropriations. At any time during the fiscal year, the City Manager may transfer all or part of any unencumbered appropriation balance within a department, office, or agency of the City to other programs within the same department, office or agency. And, upon written request of the City Manager, the Council may transfer part or all of any unencumbered appropriation balance from one department, office, or agency to another. (d) Limitations: Effective date. No appropriation for debt service may be reduced or transferred, no appropriation may be reduced below any amount required by law to be appropriated, and no appropriation may be reduced by more about:blank 1/24/2019 than the amount of the unencumbered balance thereof. Other provisions of law to the contrary notwithstanding, the supplemental and emergency appropriations and reduction or transfer of appropriations authorized by this section may be made effective immediately upon adoption. (e) Limitations to Council's Contracting Authority. Unless authorized by the electors of the City at a duly held referendum election, the Council shall not enter into lease purchase contracts or any other unfunded multiyear contracts, the repayment of which: extends in excess of 36 months; or exceeds $15,000,000.00. (Ord, No. 2018-9 , § 1(Exh. A), 4-3-18) Art. VII. - Elections. (1) Electors. Any person who is a resident of the City, who has qualified as an elector of this state, and who registers in the manner prescribed by law shall be an elector of the City. (2) Nonpartisan elections. All elections for City elective office shall be conducted on a nonpartisan basis without any designation of political party affiliation. (3) Qualifying for office. Any person who wishes to become a candidate for a City elective office shall qualify with the City Clerk concurrent with Flagler County's qualifying period as established by state law. In addition, candidates shall qualify as provided in paragraph (1)(b) of Article IV. (4) Schedule of regular elections and primaries:The regular City election shall be the first Tuesday after the first Monday in November of each even -numbered year. Such City elections shall be general City elections. If there are more than two candidates who qualify for any office, a primary City election shall be held at the time of the State and Federal Primary Elections. (a) An election to fill a vacant council seat, as outlined in paragraph (7)(e) of Article IV, when there is more than half of the term remaining shall be held during the next regularly scheduled election. Such election shall be for the remaining 2 years of the original term. (b) An election to fill a vacant council seat, as outlined in paragraph (7)(e) of Article IV, when there is less than half of the term remaining shall be filled at the next regularly scheduled election. Such election shall be for a 4-year term. about:blank 1/24/2019 (5) Schedule for special elections. (a) A special election for a vacant position of Mayor, as outlined in paragraph (7) (e) of Article IV, shall be called within 30 days, and the City Council shall, by resolution, fix the time for holding of such election. Such special election for Mayor shall be for the remainder of the vacant term. (b) All other special municipal elections shall be held in the same manner as regular elections, and the City Council shall, by resolution, fix the time for holding of such elections. (6) Determination of election to office. (a) If only one candidate qualifies for an office, that candidate shall be deemed to be elected and shall not be placed on either the general or the primary ballot. (b) If a primary City election is held and any candidate for an office receives a majority of the votes cast in the primary election for the office, he or she shall be deemed to be elected to the office and the office shall not be subject to an election at the regular City election. (c) If no single candidate for an office receives a majority of the votes cast in the City primary election for that office, the two candidates for the office receiving the highest vote in the primary City election shall run again in the regular City election. Further: 1. In any primary election in which there is a tie for first place, the name of each such candidate shall be placed on the City's general election ballot. 2. In any primary election in which there is a tie for second place and the candidate placing first did not receive a majority of the votes cast for such office, the name of the candidate placing first and the name of each candidate tying for second shall be placed on the City's general election ballot. (d) The candidate receiving the highest number of votes cast for the office in the City's general election shall be elected to such office. If the vote at the general City election results in a tie, the outcome shall be determined by lot as follows: 1. At the first regularly scheduled council meeting after the election, the Supervisor of Elections of Flagler County shall toss a coin. In alphabetic order, the two candidates shall call the coin. about:blank 1/24/2019 2. The candidate whose call matches the coin toss shall be declared the winner. (7) City Canvassing Board. For purposes of certifying absentee ballots and election results, the City Clerk and a representative from the City designated by the Council shall be known as the Canvassing Board. At the close of the polls of any City election, the Canvassing Board shall ensure that the absentee ballots are delivered to the Flagler County Supervisor of Elections, and shall meet at the County election headquarters and proceed to certify the ballots and open them in the presence of a representative of the Supervisor of Elections' office. In addition, after final election results are certified by the Flagler County Supervisor of Elections, the Canvassing Board shall immediately report the results back to a meeting of the City Council held for the purpose of final certification and filing with the City Clerk as required by law. (Ord. No. 2018-9 , § 1(Exh, A), 4-3-18) Art. VIII. - City council district boundaries. The City shall be divided into four (4) Council Districts by an ordinance of the City. This ordinance shall comply with the general laws governing district boundaries. Following each decennial census, the City Council shall by ordinance adjust the boundaries of the City Council districts according to general law. In addition, the City Council may, at its discretion, adjust the districts provided that any such adjustment will not take place less than one year before an election. The Council may appoint a special commission to develop district boundaries, use consulting firms specializing in the process and/or use such other public governmental resources as are available to develop a plan for districts and to adjust the district boundaries when required. (Ord. No. 2018-9 , § 1(Exh. A), 4-3-18) Art. IX. - General provisions. (1) Charter amendment. This Charter may be amended in accordance with the provisions of the Municipal Home Rule Powers Act, chapter 166, Florida Statutes (F.S. ch. 166), as the same may be amended from time to time, or as may otherwise be provided by general law. The form, content, and certification of any petition to amend shall be established by ordinance. about:blank 1/24/2019 (2) Charter review; schedule, Charter Review Committee. (a) Schedule. The Charter shall be reviewed no sooner than 10 years after the creation of the City of Palm Coast on December 31, 1999, and thereafter it may be reviewed every 10 years. (b) Charter Review Committee. A five -member Charter Review Committee shall be appointed. Each district council member shall appoint one member from his or her district, and the Mayor shall appoint one member at large. The Palm Coast City Council shall fund this committee. The Charter Review Committee shall be appointed at least one year before the next scheduled general election and complete its work and present any recommendations for change no later than 60 days before the general election. The Palm Coast City Council shall hold a minimum of two public hearings on the proposed changes to the Charter prior to placing the proposed changes on the scheduled general election ballot. (3) Initiative and referendum. At least 10 percent of the qualified electorate of the City shall have the power to petition the Council to propose an ordinance or to require reconsideration of an adopted ordinance, or to propose an amendment to this Charter. [21 If the Council fails to adopt such ordinance or amendment so proposed, or to repeal such adopted ordinance, without any change in substance, then the Council shall place the proposed ordinance or amendment, or the repeal of the adopted ordinance, on the ballot at the next general election. This Procedure for such initiative or referendum shall be as established by ordinance. (4) Adjustments of districts; number, commission, report, support, procedure, failure to enact, effect of enactment. (a) Number of districts. There shall be four City Council districts as described in subsection (2) of Art. VIII. These boundaries shall remain in effect until the City Council determines, based upon each decennial census, that redistricting is appropriate to ensure that the requirements of Art. VIII are accomplished and adequately monitored or until a redistricting commission is appointed. All Council district boundaries shall be based upon population data derived from the most recent decennial census. (b) about:blank 1/24/2019 Districting commission. By the first day of the month following official certification notification of the decennial census to the state, the City Council shall appoint five City electors, determined from the registration for the last statewide general election, who shall comprise the districting commission. Electors chosen shall not be employed by the City in any other capacity. (c) Commission report. Within 120 days after appointment, or such earlier time as prescribed by the Council, the districting commission shall file with the official designated by the Council a report containing a recommended plan for adjustment of the council district boundaries to comply with the following specifications: 1. Each district shall be formed of compact, contiguous territory, and its boundary lines shall follow the center lines of natural and manmade separations, such as canals, streets, etc., where possible. 2. The districts shall be based upon the principle of equal and effective representation as required by the United States Constitution and as represented in the mathematical preciseness reached in the legislative apportionment of the state. The report shall include a map and description of the districts recommended and shall be drafted as a proposed ordinance. Once filed with the designated official, the report shall be treated as an ordinance introduced by a Council member. (d) Support. It shall be the responsibility of the City Manager to provide staff assistance and technical data to the districting commission. (e) Procedure. The procedure for the Council's consideration of the report shall be the same as for other ordinances, provided that any summary of the ordinance published pursuant to this Charter and general law must include both the map and a description of the recommended districts. (f) Failure to enact ordinance. After receipt of the commission report, the Council shall adopt a redistricting ordinance at least 90 days before the next regular City election. If the Council fails to do so by such date, the report of the districting commission shall go into effect and have the effect of an ordinance. (g) Effect of enactment. about:blank 1/24/2019 1. The new council districts and boundaries, as of the date of enactment, shall supersede previous council districts and boundaries for all the purposes of the next regular City election, including qualifications. 2. The new council districts and boundaries shall supersede previous council districts and boundaries for all other purposes as of the date all Council members take office who were elected subsequent to the effective date of the new districts. 3. All district seats not up for election, but which as a result of the redistricting no longer have Council members who live within the district, shall be declared vacant for purposes of the next regularly scheduled election. Such election shall, in order to preserve the staggering of the terms, be for either four years or for the remaining two years of the term, depending on the district vacant. (5) Standards of conduct All elected officials and employees of the City shall be subject to the standards of conduct for public officers and employees set by general law. In addition, the City Council may, by ordinance, establish a code of ethics for officials and employees of the City, which may be supplemental to general law, but in no case may such an ordinance diminish the provisions of general law. (Ord. No. 2018-9 , § 1(Exh. A), 4-3-18) Art X. - Severability. If any provision of this act, or the application thereof to any person or circumstance, is held invalid, the invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared severable. (Ord. No. 2018-9 , § 1(Exh. A), 4-3-18) about:blank 1/24/2019 4 12/21/2020 CHARTER Sunny isles Beach, FL Code of Ordinances [HISTORY: Submitted to the electors of the City of Sunny Isles Beach 6-4-2013; adopted by the City Commission of the City of Sunny Isles Beach 7-18-2013. Amendments noted where applicable.] PREAMBLE We, the people of the City of Sunny Isles Beach, in order to secure for ourselves the benefits and responsibilities of home rule, in order to provide a municipal government to serve our present and future needs, do hereby adopt this Charter. CITIZENS' BILL OF RIGHTS A. This government has been created to protect the governed, not the governing. In order to provide the public with full and accurate information, to promote efficient administration management, to make government more accountable, and to ensure to all persons fair and equitable treatment, the following rights are guaranteed: 1. Convenient Access, Every person has the right to transact City business with a minimum of personal inconvenience. It shall be the duty of the Mayor, the City Commission, the City Manager and all City employees to provide, within budget limitations, reasonably convenient times and places for registration and voting, for required inspections, and for transacting business with the City. 2. Truth in Government. No municipal official or employee shall knowingly furnish false information on any public matter, nor knowingly omit significant facts when giving requested information to members of the public. 3. Public Records. All audits, reports, minutes, documents and other public records of the City and its boards, agencies, departments and authorities shall be open for inspection at reasonable times and places convenient to the public. 4. Minutes and Ordinance Register. The City Clerk shall maintain and make available for public inspection an ordinance register separate from the minutes showing the votes of each member on all ordinances and resolutions listed by descriptive title. Written minutes of all meetings and the ordinance register shall be available for public inspection not later than 30 days after the conclusion of the meeting. S. Right to be Heard. So far as the orderly conduct of public business permits, any interested person has the right to appear before the City Commission or City agency, board or department for the presentation, adjustment or determination of an issue, request, or controversy within the jurisdiction of the City. Matters shall be scheduled for the convenience of the public. The City Commission shall adopt agenda procedure and schedule hearings in a manner that will enhance the opportunity for public participation. Nothing herein shall prohibit any governmental entity or agency from imposing reasonable time limits and procedures for the presentation of a matter. 6. Right to Notice. Persons entitled to notice of a City hearing shall be timely informed as to the time, place and nature of the hearing and the legal authority pursuant to which the hearing is to be held. Failure by an individual to receive such notice shall not constitute mandatory grounds far canceling the hearing or rendering invalid any determination made at such hearing. Copies of proposed ordinances or resolutions shall be made available at a reasonable time prior to the hearing, unless the matter involves an emergency ordinance or resolution. 1/19 12/21/2020 Sunny Isles Beach, FL Code of Ordinances 7. No Unreasonable Postponements. No matter, once having been placed on a formal agenda by the City, shall be postponed to another day except for good cause shown in the opinion of the Mayor, City Commission, board or agency conducting such meeting, and then only on condition that the affected person shall, upon written request, receive mailed notice of the new date of any postponed meeting. Failure by an individual to receive such notice shall not constitute mandatory grounds for canceling the hearing or rendering invalid any determination made at such hearing. 8, Right to Public Hearing. Upon a timely written request from any interested party, and after presentation of the facts to and approval by the Commission, a public hearing shall be held by any City agency, board, department or authority upon any significant policy decision to be issued by it which is not subject to subsequent administrative or legislative review and hearing. This provision shall not apply to the Law Department of the City nor to any body whose duties and responsibilities are solely advisory. At any zoning or other hearing in which review is exclusively by certiorari, a party or his/her counsel shall be entitled to present his/her case or defense by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts. The decision of such agency, board, department or authority must be based upon the facts in the record. Procedural rule establishing reasonable time and other limitations may be promulgated and amended from time to time. 9. Notice of Action and Reasons. Prompt notice shall be given of the denial in whole or in part of a request of art interested person made in connection with any City administrative decision or proceeding when the decision is reserved at the conclusion of the hearing. The notice shall be accompanied by a statement of the grounds for denial. 10. Managers' and Attorneys' Reports. The City Manager and City Attorney shall periodically make a public status report on all major matters pending or concluded within their respective areas of concern. 11. Budgeting. In addition to any budget required by state statute, the City Manager at the direction of the Mayor shall prepare a budget showing the cost of each department for each budget year. Prior to the City Commission's first public hearing on the proposed budget required by state law, the City Manager shall make public a budget summary setting forth the proposed cost of each individual department and reflecting the personnel for each department, the purposes therefore, the estimated mileage cost of each department and the amount of any contingency and carryover funds for each department. 12. Quarterly Budget Comparisons. The City Manager shall make public a quarterly report showing the actual expenditures during the quarter just ended against one quarter of the proposed annual expenditures set forth in the budget. Such report shall also reflect the same cumulative information for whatever portion of the fiscal year that has elapsed. 13, Representation of Public. The Mayor shall endeavor to designate one or more individuals to represent the City at all proceedings before County, State and Federal regulatory bodies, significantly affecting the City and its residents. B. The foregoing enumeration of citizens' rights vests large and pervasive powers in the citizenry of the City of Sunny Isles Beach. Such power necessarily carries with it responsibility of equal magnitude for the successful operation of government in the City. The orderly, efficient and fair operation of government requires the intelligent participation of individual citizens exercising their rights with dignity and restraint so as to avoid any sweeping acceleration in the cost of government because of the exercise of individual prerogatives, and for individual citizens to grant respect for the dignity of public office, 2/19 12/21/2020 Sunny Isles Beach, FL Code of Ordinances C. Remedies for Violations. In any suit by a citizen alleging a violation of this Bill of Rights filed in Miami -Dade County Court pursuant to its general equity jurisdiction, the plaintiff, if successful, shall be entitled to recover costs as fixe the Court. Any public official or employee who is found by the Court to have willfully violated this Article shall forty forfeit his/her office or employment. D. Construction. All provisions of this Bill of Rights shall be construed to be supplementary to and not in conflict with the general laws of Florida. If any part of this Bill of Rights shall be declared invalid, it shall not affect the validity of the remaining provisions. ARTICLE 1. - CORPORATE EXISTENCE, FORM OF GOVERNMENT, BOUNDARY AND POWERS § C-1.1. - Corporate Existence. A municipal corporation known as City of Sunny Isles Beach (the "City") is hereby created pursuant to the Constitution of the State of Florida (the "State") and the Home Rule Charter of Miami -Dade County (the "County"). The corporate existence of the City shall commence upon the adoption of this Charter. § C-1.2. - Form of Government. The City shall have a "Mayor -Commission -Manager" form of government. § C-1.3. - Corporate Boundary. The corporate boundary of the City shall be as follows: A parcel of land lying in Sections2 11 and 14. Township 52 South, Range 42 East, Dade County, Florida; being more particularly described as follows: BEGIN at the Northwest corner of Tract "B" of "GOLDEN GATE ESTATES AND MARINA", according to the plat thereof recorded in Plat Book 147 at Page 32 of the Public Records of Dade County, Florida, said point being on the South boundary of the TOWN OF GOLDEN BEACH; thence Westerly, along the Westerly extension of the North line of said plat of "GOLDEN GATES ESTATES AND MARINA", to its intersection with the centerline of the Intracoastal Waterway; thence Southerly, along said centerline of the Intracoastal Waterway, through said Sections2, 11 ands to its intersection with the Westerly extension of the South line of the plat of "BAYVIEW POINT REVISED", according to the plat thereof recorded in Plat Book 82 at Page 99 of the Public Records of Dade County, Florida; thence Easterly, along said Westerly extension of said South line and along the South line of said plat of "BAYVIEW POINT REVISED", to its intersection with the West right of way line of Collins Avenue (State Road A1A); thence continue Easterly to Its intersection with the East right of way line of Collins Avenue (State Road A1A), said point of intersection being on the South line of Lot 76 of "PLAT OF TATUM'S OCEAN BEACH PARK", according to the plat thereof recorded in Plat Book 5 at Page 35 of the Public Records of Dade County, Florida; thence continue Easterly along the South line of said Lot 76, and along its Easterly extension, to a point in the Atlantic Ocean, 1,100 feet Easterly of the STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES DADE COUNTY COASTAL CONTROL LINE, according to the plat thereof recorded in Plat Book 74 at Page 26 of the Public Records of Dade County, Florida; thence Northerly along a line 1,100 feet Easterly of and parallel with said Coastal Control Line, through sald Sections 14, 11 and.2, to its intersection with Easterly extension of the North line of Lot 1, Block 1 of "A REPLAT OF BLOCK 1 OF VENETIA BEACH", according to the plat thereof recorded in Plat Book 44 at Page 4 of the Public Records of Dade County, Florida; thence Westerly, along said Easterly extension of the North fine and along the North line of said Lot 1, 3/19 12/21/2020 Sunny Isles Beach, FL Code of Ordinances also being the South boundary of the TOWN OF GOLDEN BEACH; thence continue Westerly along said North line of "GOLDEN GATE ESTATES AND MARINA", being also the South boundary of the TOWN OF GOLDEN BEACH, to the POINT OF BEGINNING. § C-1.4. - Powers. The City shall have and may exercise all available governmental, corporate and proprietary powers. Through the adoption of this Charter, it is the intent of the electors of the City to grant to the municipal government established herein the broadest exercise of home rule powers permitted under the Constitution and laws of the State, as fully and completely as though they were specifically enumerated in this Charter. § C-1.5 Construction. This Charter and the powers of the City shall be construed liberally in favor of the City. ARTICLE 2. - CITY COMMISSION; MAYOR § C-2.1. - City Commission. There shall be a City Commission (the "Commission") vested with all legislative powers of the City including but not limited to the setting of policy, approval of budget, determination of tax rates, hiring and firing of the charter officers, and the development of community land policies. The Commission shall consist of four (4) members ("Commissioners") and the Mayor. Commissioners shall occupy seats numbered 1 throughA. References in this Charter to the Commission and/or Commissioners shall include the Mayor unless the context dictates otherwise. § C-2.2. - Mayor and Vice Mayor. (a) Powers of the Mayor. The Mayor shall preside at meetings of the Commission, be a voting member of the Commission, and may create and appoint subcommittees of the Commission. The Mayor shall be recognized as head of City Government for all ceremonial purposes and for purposes of military law, for service of process, execution of duly authorized contracts, deeds and other documents, and as the City official designated to represent the City in all dealings with other governmental entities. In addition, the Mayor shall have the following specific responsibilities: i) The Mayor shall recommend the nomination of a City Manager in accordance with the terms of Section 3.1 hereinbelow. Ii) The Mayor shall appoint the Commissioners of all standing committees and the chairperson and vice chairperson of each committee. There shall be as many standing and special committees as deemed necessary by the Mayor. Hi) The Mayor shall prepare and deliver annually between November 1 and January 31 a report on the state of the City and annually between July 1 and September 30 a budgetary address to the people of the City. (b) Vice -Mayor. During the absence or incapacity of the Mayor, the Vice -Mayor shall have all the powers, authority, duties and responsibilities of the Mayor. At the first Commission meeting after the 30 th day following the day of the general or run-off election of the City Commission, or in any calendar year in which there Is no regular City 4/19 12/21/2020 Sunny Isles Beach, FL Code of Ordinances election, at the first Commission meeting In the month of November of such year, the Commission shall elect one of its members as Vice -Mayor. § C-2.3. - Election and Term of Office. (a) Election and Term of Office. Each Commissioner and the Mayor shall be elected at -large for four year terms by the electors of the City in the manner provided in Article 5 of this Charter. (b) Residential Areas. The City shall be divided into four (4) residential areas. The Northern Residential Area shall be called Seat 1. The Central Residential Area shall be called Seat 2. The Southern Residential Area shall be called Seat 3 and the Mid -South Residential Area shall be called Seat 4. The boundaries of each residential area shall be established by Ordinance based on population. Said Ordinance is required to be adopted by a super - majority vote or 4-1 vote of the City Commission. The City Commission may from time to time redraw the boundaries of the residential areas to ensure proportionality based on population growth. The boundary changes shall be made available to public immediately upon the adoption of the Ordinance. One Commissioner shall reside in the Northern Residential Area (Seat 1), one Commissioner shall reside in the Central Residential Area (Seat 2); one Commissioner shall reside Southern Residential Area (Seat.); and one Commissioner shall reside in the Mid -South Residential Area (SeatA). Persons running from a particular Residential Area must be a resident of the Residential Area which s/he proposes to represent on the Commission continuously for at least one year prior to qualifying, at the time of his/her election and must continue to reside in such Residential Area during his/her term of office. Commissioners holding Seats 1,1, 3 or 4 are collectively referred to as the "Residential Area Commissioners", individually as a "Residential Area Commissioner". (c) Limitations on Lengths of Service. No person shall serve as Mayor for more than two elected terms. No person shall serve as a Commissioner for more than two elected terms. A "term" shall be deemed commenced upon election, whether or not it is actually completed, except that a vacancy being filled for less than two years remaining in the filling of that term shall not be counted as a "term" under this section. § C-2.4. - Qualifications. Candidates for Commissioner or Mayor shall qualify for election by the filing of a written notice of candidacy with the Clerk of the City at such time and in such manner as may be prescribed by ordinance and payment to the City Clerk of the sum of one hundred dollars ($100.00) as a qualifying fee. A person may not be a candidate for Commission and Mayor in the same election. Only electors of the City who have resided continuously in the City for at least one year preceding the date of such filing (and in the respective Residential Area from which the candidate may seek to qualify for election) shall be eligible to hold the Office of Commissioner, including Mayor. Candidates for Commissioner or Mayor shall be required to submit proof of residency at the time of qualifying by producing a valid voter's registration card and any other document which establishes compliance with the residency requirements for the offices of Commissioner or Mayor. The City Commission shall establish more specific residency requirements in an Ordinance. § C-2.5. - Vacancies; Forfeiture of Office; Filling of Vacancies. (a) Vacancies. The office of a Commissioner (including the Mayor) shall become vacant upon his/her death, resignation, disability which in this case shall mean incapacity to perform the duties of office, suspension or removal from office in any manner authorized by law, or by forfeiture of his/her office. (b) Forfeiture of Office. 5/19 12/21/2020 Sunny Isles Beach, FL Code of Ordinances i) Forfeiture by disqualification. A Commissioner shall forfeit his/her office if at any time during his/her term s/hi to maintain his/her permanent residence in the City, (2) in the case of a Residential Area Commissioner, upon ceasing to reside in his/her respective Residential Area, or (3) otherwise ceases, to be a qualified elector of the ii) Forfeiture by absence. A Commissioner shall be subject to forfeiture of his/her office, in the discretion of the remaining Commissioners, if s/he is absent with good cause from any (6) regular meeting of the Commission during any calendar year (provided such meetings do not occur in less than a three (3) month period), or if s/he absent without good cause from any four (4), or three (3) as to the Mayor, consecutive regular meeting of the Commission, whether or not during the same calendar year. iii) Procedures. The Commission shall be the sole judge of the qualifications of its members and shall hear all questions relating to forfeiture of a Commissioner's office, Including whether or not good cause for absence has been or may be established. The burden of establishing good cause shall be on the Commissioner in question; provided, however, that any Commissioner may at any time during duly held meeting move to establish good cause for the absence of him/herself or the absence of any other Commissioner, from any past, present or future meeting(s), which motion, if carried, shall be conclusive. A Commissioner whose qualifications are in question, or, who is otherwise subject to forfeiture of his/her office, shall not vote on any such matters. The Commissioner in question shall be entitled to a public hearing(s) on request regarding an alleged forfeiture of office. If a public hearing is requested, notice thereof shall be published in one or more newspapers of general circulation In the City at least one week in advance of the hearing. Any final determination by the Commission that a Commissioner has forfeited his/he office shall be made by resolution. All votes and other acts of the Commissioner in question prior to the effective date of such resolution shall be valid regardless of the grounds of forfeiture. (c) Filling of vacancies. A vacancy on the Commission shall be filled as follows: i) If the Mayor's position becomes vacant, and no more than six (6) months remain in the unexpired term of the Mayor, the Vice -Mayor shall complete the term of Mayor. If more than six (6) months remain in the unexpired term of the Mayor, the vacancy shall be filled by a special election to be held not sooner than forty-five (45) days or more than ninety (90) days following the occurrence of the vacancy, unless there is a City, County or State or national election scheduled to take place not sooner than forty-five (45) or more than ninety (90) days following the occurrence of the vacancy, in which case the vacancy shall be filled by the scheduled election. The Vice -Mayor shall serve the term of the Mayor until the special election or scheduled election. A new Vice -Mayor shall serve until the election or scheduled election, unless reappointed to continue to serve after the election. ii) If the vacancy occurs on the Commission, and no more than six (6) months remain in the unexpired term, the vacancy shall be filled by a nominee of the Mayor, within thirty (30) days following the occurrence of the vacancy subject to confirmation of the Commission. If more than six months remains in the unexpired term of a Commissioner, the vacancy shall be filled by a special election to he held not sooner than forty-five (45) days or more than ninety (90) days following the occurrence of the vacancy, unless there Is a City, County, State or national election scheduled to take place not sooner than forty-five (45) days or more than ninety (90) days following the occurrence of the vacancy, in which case the vacancy shall be filled by the scheduled election. The vacancy occurring on the Commission shall be filled by a nominee of the Mayor within thirty (30) days following the occurrence of the vacancy, subject to the confirmation of the Commission. The nominee shall fill the vacancy until the special election or scheduled election. iii) A vacancy in any Residential Area seat shall be filled by a qualified person residing in the respective Residential Area. 6/19 12/21/2020 Sunny Isles Beach, FL Code of Ordinances iv) Persons filling vacancies shall meet the qualifications specified in Section 2.4 of this Charter. v) If no candidate for a vacancy meets the qualifications under this Article for that vacancy, the Commission shall appoint a person qualified under this Article to fill the vacancy, who shall serve until the next regularly scheduled election for the balance of the original term, but only after a hearing and in addition to regular notice requirements, if such vacancy applies to a specific Residential Area, after ten (10) days mailed notice Is given to all electors of that particular Residential Area. vi) Notwithstanding any quorum requirements established herein, if at any time the full membership of the Commission is reduced to less than a quorum, the remaining members may, by unanimous vote, appoint additional members to the extent otherwise permitted or required under this subsection (c). vii) In the event that all members of the Commission are removed by death, disability, recall, forfeiture of office and/or resignation, the Governor of the State of Florida shall appoint interim Commissioners who shall call a special election within not less than 30 days or more than 60 days after such appointment. Such election shall be held in the same manner as the first elections under this Charter; provided, however, that if there are less than six months remaining in any of the unexpired terms, such interim Commission appointee(s) by the Governor shall serve out the unexpired terms. Appointees must meet all requirements for candidates provided for in Article 2. § C-2.6. - Compensation; reimbursement for expenses. Commissioners (including the Mayor) shall receive compensation in the amount of $1,000.00 per month and the Mayor shall receive compensation in the amount of $1,250.00 per month. Compensation provided herein, shall be increased in accordance with the CPI Index. Further, the Mayor and City Commissioners shall receive reimbursement for business expenses in accordance with applicable law, or as may be otherwise provided by ordinance. § C-2.7. - Recall. The electors of the City shall have the power to recall and to remove from office any elected official of the City to the extent permitted by the Florida Constitution and the laws of the State of Florida. The minimum number of electors of the City which shall be required to initiate a recall petition shall be ten (10%) percent of the total number of electors of the City as of the preceding City election and shall be accomplished in accordance with the procedures set forth in Section 5.2 hereinbelow. ARTICLE 3. - ADMINISTRATIVE § C-3.1. - City Manager. There shall be a City Manager (the "Manager") who shall be nominated by the Mayor and confirmed at the next Commission meeting by a majority of the Commission, including the Mayor for an indefinite term. The Manager shall be the chief administrative officer of the City and shall be appointed on the basis of his/her education, experience, executive and administrative qualifications. The Manager shall be responsible to the Mayor and the City Commission for the administration of all City affairs, The Manager shall be responsible for the 7/19 12/21/2020 Sunny Isles Beach, FL Code of Ordinances administration of all departments and divisions of the City government (except the City Attorney) and for carrying out policies adopted by the City Commission. The compensation and benefits of the City Manger shall be set by the City Commission. (a) No Commissioner shall be eligible for appointment as City Manager during the term for which s/he has been elected and until two (2) years after its expiration. The City Manager need not be a resident of the City. (b) Removal. The Manager may be suspended with pay pending removal by a resolution approved by the majority of the total membership of the City Commission, which shall set forth the reasons for suspension and proposed removal. A copy of such resolution shall be served immediately upon the Manager. After full consideration, the City Commission by a majority vote of its total membership may adopt a final resolution of removal. The Manager shall continue to receive full compensation until the effective date of a final resolution of removal. § C-3.2. - Powers and Duties of the City Manager. The Manager shall: (1) Be responsible for the appointment, supervision and removal of all City employees except for the Chief of Police and the employees and staff of the Office of the City Attorney; (2) Direct and supervise the administration of all departments and offices but not City boards or agencies, unless so directed by the Commission from time to time; (3) Attend all Commission meetings and have the right to take part in discussion but not the right to vote; (4) Ensure that all laws, provisions of this Charter and acts of the Commission, subject to enforcement and/or administration by him/her or by officers subject to his/her direction and supervision, are faithfully executed; (5) Prepare and submit to the Commission a proposed annual budget and capital program; (6) Submit to the Commission and make available to the public an annual report on the finances and administrative activities of the City as of the end of each fiscal year; (7) Prepare such other reports as the Commission may require concerning the operations of City departments, offices, boards, and agencies; (8) Keep the Commission fully advised as to the financial conditions and future needs of the City and make such recommendations to the Commission concerning the affairs of the City as s/he deems to be In the best interest of the City; (9) Perform such other duties as are specified in this Charter or as may be required by the Commission; (10) Be responsible for the supervision of the Chief of Police; however, the hiring or termination of the Chief of Police is subject to the approval of the majority of the City Commission. § C-3.3. - Acting City Manager. To perform his/her duties during his/her temporary absence, disability, or termination, the Manager may designate by letter filed with the Commission, a qualified City Administrative officer to exercise the powers and perform the duties of Manager during his/her absence or disability. During such absence or disability, the Mayor, with the approval of the Commission, may revoke such designation at any time and appoint another officer of the City to serve until the Manager shall return or his/her disability shall cease. The Acting City Manager may be paid, at such discretion of the City Commission. ;oh5;;s;;en;C-3.4.\Bond of City Manager. 8/19 12/21/2020 Sunny Isles Beach, FL Code of Ordinances The City Manager shall furnish a fidelity bond or such other insurance instrument of comparable protection to be approved by the Commission, and in such amount as the Commission may fix, with either instrument to be conditioned on the faithful performance of his/her duties. The premium of the bond shall be paid by the City. § C-3.5. - City Clerk. The City Manager shall appoint a City Clerk (the "Clerk"). The Clerk shall give notice of Commission meetings to its members and the public, shall keep the minutes of the City's proceedings which shall be a public record, and is authorized to administer oaths, attest to the Mayor's or Manager's signatures, and shall perform such other duties as the City Manager may prescribe from time to time. The City Clerk shall report to the City Manager and may be removed by the City Manager. § C-3.6. - City Attorney. The Mayor may nominate, and the Commission, including the Mayor, by majority shall confirm an individual attorney or a law firm to act as the City Attorney under such terms and conditions as may be established by the Commission, from time to time, consistent with this Charter. The City Attorney shall report to the Commission and, after full consideration, may be removed by a majority vote of the total membership of the Commission. 5 C-3.7. - City Code of Administrative Regulations. The Manager shall maintain a City Code of administrative regulations. The Commission shall, by ordinance, establish appropriate procedures of reasonable notice and public comment on proposed administrative regulations prior to taking final action on the same. 5 C-3.8. - Expenditure of City Funds. No funds of the City shall be expended except pursuant to duly approved appropriations. § C-3.9. - City Boards and Agencies. The Commission shall establish or terminate such boards and agencies, as it may deem advisable from time to time. The boards and agencies shall report to the Commission. § C-3.10. - Competitive Bid Requirements/Purchasing. (a) Except as otherwise provided by law, contracts for public improvements and purchases of supplies, materials or services shall be awarded or made on the basis of clearly drawn specifications and competitive bids, except in cases where the Commission, based on the written recommendation of the City Manager, specifically determines by a majority vote of the Commission that it is impracticable or not advantageous to the City to do so. The City Commission shall have the power to reject all bids and advertise again. (b) The City Manager, by ordinance, may be granted purchasing power without competitive bidding. (c) No contract or order shall be issued to any vendor unless or until the Director of Finance or the City Manager certifies that there is to the credit of such office, department or agency a sufficient unencumbered budget appropriation to pay for the supplies, materials, equipment or contractual services for which the contractor order is to be issued. 9/19 12/21/2020 Sunny Isles Beach, FL Code of Ordinances ARTICLE 4. - LEGISLATIVE § C-4.1. - Commission Meeting Procedure. (a) Meetings. The Commission shall hold at least eleven (11) regular monthly meetings in each calendar year, at such times and places as the Commission may prescribe by rule. Special meetings may be held on the call of the Mayor or of a majority of the Commissioners and upon no less than forty-eight (48) hours' notice to each member and the public, or such shorter time as a majority of the Commission shall deem necessary in case of an emergency affecting life, health, property or the public peace. (b) Rules and Journal. The Commission shall determine its own rules of procedure and order of business and shall keep a journal open for public inspection. (c) Quorum and Voting. A majority of the Commission physically present shall constitute a quorum but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the Commission. Voting on ordinances shall be by roll call on final reading and shall be recorded in the journal. All other matters shall be by voice vote unless a Commissioner or the City Clerk requests otherwise. No action of the Commission, except as otherwise provide in the Charter, shall be valid or binding unless adopted by the affirmative votes of at least three (3) Commissioners. (d) Meeting Time Limits. No meeting of the Commission shall extend later than midnight except upon the affirmative vote of a majority of members present at the meeting. § C-4.2. - Prohibitions. (a) Appointment and Removals. Neither the Commission nor any of its members shall in any manner dictate the appointment or removal of any City Administrative officers or employees whom the Manager or any of his/her subordinates are empowered to appoint. (b) Interference With Administration. I) Except for the purpose of inquiries and investigations made in good faith and in accordance with a resolution adopted by the Commission, the Commission and any of its individual members shall deal with City officers and employees who are subject to the direction and supervision of the Manager solely through the Manager, and neither the Commission nor its members shall give orders to any such officer or employee, either publicly or privately. It is the express Intent of this Charter that recommendations for improvement in City government operations by individual Commissioners be made solely to and through the Manager. No individual Commissioner shall give orders to the Manager. ii) Any willful violation of this Section 4.2 by the Mayor or any Commissioner shall be grounds for his/her removal from the office by an action brought in the Circuit Court by the State Attorney of Miami -Dade County. (c) Holding Other Office. No elected City official shall hold any appointive City office or City employment while in office. No former elected City official shall hold any compensated appointive City office or City employment until one (1) year after the expiration of his/her term. § C-4.3. - Ordinances. (a) Actions Requiring an Ordinance. In addition to other acts required by law or by specific provision of this Charter 10/19 12/21/2020 Sunny Isles Beach, FL Code of Ordinances to be affected or authorized by ordinance, those acts of the City Commission shall be by ordinance which: (1) Adopt or amend an administrative regulation or establish, alter or abolish any City office, department, board or agency; (2) Establish a rule or regulation the violation of which carries a penalty; (3) Levy taxes or appropriate funds; (4) Grant, renew or extend a franchise; (5) Set service or user charges for municipal services or grant administrative authority to set such charges; (6) Authorize the borrowing of money; (7) (8) Convey or lease or authorize by administrative action the conveyance or lease of any lands of the City; or Amend or repeal any ordinance previously adopted, except as otherwise provided in this Charter. (b) Procedure. The City Commission shall adopt procedures with respect to the passage of ordinances in accordance with applicable law. § C-4.4. - Emergency Ordinances. To meet a public emergency affecting life, health, property or the public peace, the Commission may adopt, In the manner provided in this Section, one or more emergency ordinances, but such ordinances may not: levy taxes, grant, renew or extend any municipal franchise; set service or user charges for any municipal services; or authorize the borrowing of money except as provided under the emergency appropriations provisions of this Charter if applicable. (a) Form. An emergency ordinance shall be Introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated in a preamble as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. (b) Procedure. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which Is introduced and shall be enacted by no less than three members of the Commission. After its adoption, the ordinance shall be published and printed as prescribed for other ordinances. (c) Effective Date. An emergency ordinance shall become effective upon adoption or at such other date as may be specified in the ordinance. (d) Repeal. Every emergency ordinance except emergency appropriation ordinances shall automatically be repealed as of the sixty-first (61 St) day following Its effective date, but this shall not prevent re-enactment of the ordinance under regular procedures, or If the emergency still exists, in the manner specified in this Section. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same specified in this Section for adoption of emergency ordinances. (e) Emergency Appropriations. The Commission may make emergency appropriations in the manner provided in this Section. To the extent that there are no available unappropriated revenues to meet such appropriations, the Commission may by such emergency ordinance authorize the issuance of emergency notes, which may be renewed from time to time, but the emergency notes, including renewals thereof, shall be payable not later than the last day of the fiscal year next succeeding the fiscal year in which the emergency appropriation ordinance was originally adopted. All emergency appropriations shall be subject to the independent audit set forth in Section 4.10 below. 11/19 12/21/2020 Sunny Isles Beach, FL Code of Ordinances § C-4.5. - Annual Budget Adoption. (a) Balanced Budget. Each annual budget adopted by the Commission shall be a balanced budget. (b) Budget Adoption. The Commission shall by ordinance adopt the annual budget on or before the thirtieth (30 th ) day of September of each year. If it fails to adopt the annual budget by this date, the Commission may by resolution direct that the amounts appropriated for current operations for the current fiscal year shall be deemed adopted for the ensuing fiscal year for a period of fifteen (15) days and renewed by resolution each fifteen (15) days, with all items in it prorated accordingly, until such time as the Commission adopts an annual budget for the ensuing fiscal year. An ordinance adopting an annual budget shall constitute appropriation of the amounts specified therein. (c) Specific Appropriation. The budget shall be specific as to the nature of each category of appropriations therein. Reasonable appropriations may be made for contingencies, but only within defined spending categories. § C-4.6. - Fiscal Year. The fiscal year of the City government shall begin on the first day of October and shall end on the last day of September of the following calendar year. Such fiscal year shall also constitute the annual budget and accounting year. § C-4.7. - Appropriation Amendments During the Fiscal Year. (a) Supplemental Appropriations. If, during any fiscal year, revenues in excess of those estimated in the annual budget are available for appropriation, the Commission may by ordinance make supplemental appropriations for the fiscal year up to the amount of such excess. (b) Reduction of Appropriations. if, at any time during the fiscal year, it appears probable to the Manager that the revenues available will be insufficient to meet the amount appropriated, he/she shall report in writing to the Commission without delay, indicating the estimate amount of the deficit, and his/her recommendations as to the remedial action to be taken. The Commission shall then take such action as it deems appropriate to prevent any deficit spending. § C-4.8. - Authentication, Recording and Disposition of Ordinances; Resolutions and Charter Amendments. (a) Authentication. The Mayor and the Clerk shall authenticate by their signature all ordinances and resolutions adopted by the Commission. in addition, when Charter amendments have been approved by the electors, the Mayor and the Clerk shall authenticate by their signatures the Charter amendment, such authentication to reflect the approval of the Charter amendment by the electorate. (b) Recording. The Clerk shall keep properly indexed books in which shall be recorded, In full, all ordinances and resolutions passed by the Commission. Ordinances shall, at the direction of the Commission, be periodically codified. The clerk shall also maintain the City Charter in current form and shall enter all Charter amendments. (c) Record Availability. The commission shall, by ordinance, establish procedures for making all resolutions, ordinances, technical Codes adopted by reference, and this Charter available to the people of the City for public inspection and available for purchase at a reasonable price. § C-4.9. - Annual Tax Levy. 12/19 12/2112020 Sunny isles Beach, FL Code of Ordinances The City shall have the right to levy, assess and collect all such taxes as are permitted by law, including without limitation ad valorem, excise, franchise or privilege taxes on services and utilities. § C-4.10. - Independent Audit. The City Commission shall provide for an annual independent audit of all City accounts and may provide more frequent audits as it deems necessary. Those audits shall be made in accordance with generally accepted auditing standards by a certified public accountant or firm of such accountants (hereinafter referred to as the "auditors"), designated annually, who have no personal interest in the fiscal affairs of the City government or any of its officers. (Residency, per se, shall not constitute a direct or indirect interest.) A summary of the results, including any deficiencies found, shall be made public. In making such audit, proprietary functions shall be audited separately and adequate depreciation on propriety facilities shall be accrued so the public may determine the amount of any direct or any indirect subsidy. If a designated auditor has conducted the annual independent audit of the City fora period of three consecutive years, the City Commission shall review, either through the appointment of a citizen's committee, and individual, or other certified public accountant or firm of such accounts, the adequacy of the auditors' performance. ARTICLE 5. - ELECTIONS § C-5.1. - Elections. (a) Electors. Any person, who is a resident of the City, has qualified as an elector of the State and registers to vote in the manner prescribed by law shall be an elector of the City. (b) Nonpartisan Elections. All elections for the City Commission and Mayor shall be conducted on a non -partisan basis and no ballot shall show the party designation of any candidate. (c) Election Dates. Commencing in the year 2010 and thereafter, the City's general election shall be held in even - numbered years in November. A run-off election, if necessary, shall be held in December. In the event an election date falls on a religious holiday, the City Commission may, by ordinance, change the dates for qualifying and for the election. The terms of the sitting officials shall be extended to as necessary to accomplish the election date revision made pursuant to this Section in accordance with Section 2.3 of the Charter. (d) General Election. The ballot for the general election shall contain the names of all qualified candidates for Mayor, if the Mayor's term is expiring, and for each of the two (2) Commission positions which are to be filled as a result of two (2) members' terms expiring, and shall instruct electors to cast one (1) vote for Mayor, if applicable, and one vote for each Commission seat, with a maximum of one (1) vote per candidate. If any candidate for Mayor receives a number of votes greater than fifty percent (50%) of the total number of ballots cast, such candidate shall be the duly elected mayor. If any candidate(s) for Commission receive(s) a number of votes greater than fifty percent (50%) of the total number of ballots cast, such candidate(s) shall be duly elected to the Commission. (e) Run-off Election. The ballot for the run-off election shall contain the names of the two (2) candidates for Mayor, if applicable, and the names of the two candidates for each Commission seat who received the most votes in the general election. The ballot shall instruct electors to cast one vote for Mayor and to cast one vote for each 13/19 12/21/2020 Sunny isles Beach, FL Code of Ordinances Commission seat, with a maximum of one (1) vote per candidate. The candidate for Mayor receiving the most votes shall be duly elected Mayor. The candidates for each Commission seat receiving the most votes shall be duly elected to that Commission seat. (f) Special Elections. Special elections, when required, shall be scheduled by the Commission at such times and in such manner as shall be consistent with this Charter. (g) Single Candidates. No election for Mayor or any Commission seat shall be required in any election if there is only one duly qualified candidate for Mayor or for any Commission seat. That candidate shall be considered elected automatically. (h) Absentee Votes. Absentee voting will be permitted as provided by the laws of the State and under such conditions as may be prescribed by ordinance from time to time; provided, however, that no ordinance shall limit the right to vote by absentee ballot available under State law. (i) Commencement of Terms. The term of office of any elected official will commence on the 30 th day following the day of the general or run-off election in which he/she is elected, unless that day falls on a Saturday or Sunday, in which case it shall be the next Monday immediately following at 12 o'clock noon ("commencement term"), and will end at midnight of the day before the commencement term. § C-5.2. - Initiative and Referendum. (a) Power to Initiate and Reconsider Ordinances. I) Initiative. The electors of the City shall have power to propose ordinances to the Commission and, if the Commission fails to adopt an ordinance so proposed without any change in substance, to adopt or reject such proposed ordinance at a City election, provided that such power shall not extend to the annual budget or capital program or any ordinance appropriating money, levying taxes or setting salaries of City officers or employees, pursuant to such annual budget. ii) Referendum. The electors of the City shall have power to require reconsideration by the Commission of any adopted ordinance and, if the Commission fails to repeal an ordinance so reconsidered, to approve or reject such adopted ordinance at a City election, provided that such power shall not extend to the annual budget or capital program or any ordinance appropriating money, levying taxes or setting salaries of City officers or employees, pursuant to such annual budget. (b) Commencement of Proceedings. Any twenty-five (25) electors may commence initiative or referendum proceedings by filing with the Clerk an affidavit stating they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. Promptly after the affidavit of the petitioners' committee is filed, the Clerk shall at the committee's request, issue the appropriate petition blanks to the petitioners' committee at the committee's expense. Petitioners' proposed ordinance shall be approved as to legal sufficiency by the City Attorney prior to circulation. (c) Petitions. i) Number of Signatures. Initiative and referendum petitions must be signed by electors of the City equal in number to at least ten percent (10%) of the total number of electors registered to vote at the last regular City election. ii) Form and Content. All papers constituting a petition shall be assembled as one instrument of filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the printed name of signatory 14/19 12/21/2020 Sunny Isles Beach, FL Code of Ordinances and the address of the person signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered. iii) Affidavit of Circulator. Each paper of a petition shall have attached to it when filed an affidavit executed by the circulator thereof stating that s/he personally circulated the papers constituting the petition, the number of signatures thereon, that all the signatures were affixed in his/her presence that s/he believes them to be the genuine signatures of the persons whose names they purport to be and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered. Iv) Filing Deadline. All initiative and referendum petitions must be filed within sixty (60) days of the date on which proceedings with respect to such initiative or referendum are commenced. (d) Procedure for Filing. i) Certificate of Clerk: Amendment. Within twenty (20) days after an initiative petition Is filed or within five (5) days after a referendum petition is filed, the Clerk shall complete a Certificate as to its sufficiency (the "Certificate") specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the Certificate to the petitioners' committee by registered mail. Grounds for insufficiency are only those specified in subsection (c) of this Section. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee files a notice of intention to amend it with the Clerk within two (2) business days after receiving the copy of the Certificate and files a supplementary petition upon additional papers within ten (10) days after receiving the copy of such Certificate. Such supplementary petition shall comply with the requirements of paragraphs (i), (iI) and (ii€) of subsection (c) of this Section, and within five (5) days after it is filed the Clerk shall complete a Certificate as to the sufficiency of the petition as amended and promptly send a copy of such Certificate to the petitioners' committee by registered mail as in the case of an original petition. If a petition or amended petition is certified sufficient, or if a petition or amended petition is certified insufficient and the petitioners' committee does not elect to amend or request Commission review under paragraph (ii) of this subsection (d) within the time required, the Clerk shall promptly present his/her Certificate to the Commission and within sixty (60) days the Certificate shall then be a final determination as to the sufficiency of the petition. ii) Commission Review. If a petition has been certified insufficient and the petitioners' committee does not file notice of intention to amend it or If an amended petition has been certified insufficient, the committee may, within two (2) business days after receiving the copy of such certificate, file a request that it be reviewed by the Commission. The Commission shall review the certificate at its next meeting following the filing of such request and approve or disapprove it, and the Commission's determination shall then be a final determination as to the suff€ciency of the petition. (e) Action on Petitions. i) Action by Commission. When an initiative or referendum petition has been finally determined sufficient, the Commission shall promptly consider the proposed initiative ordinance or reconsider the referred ordinance by voting its repeal, all in the manner provided in Article 4. If the Commission fails to adopt a proposed initiative ordinance without any change in substance within forty-five (45) days or fails to repeal the referred ordinance within thirty (30) days, it shall submit the proposed or referred ordinance to the electors of the City. If the Commission fails to act on a proposed initiative ordinance or a referred ordinance within 15/19 12/21/2020 Sunny Isles Beach, FL Code of Ordinances the time period contained in paragraph (i) of subsection (e) of this Section, the Commission shall be deemed to have failed to adopt the proposed Initiative ordinance or failed to repeal the referred ordinance on the last day that the Commission was authorized to act on such matter. ii) Submission to Electors. The vote of the City on a proposed or referred ordinance shall be held not less than thirty (30) or more than sixty (60) days from the date the Commission acted or was deem to have acted pursuant to paragraph (i) of this subsection (e) that the petition was determined sufficient. If no regular election Is to be held within the period described in this paragraph, the Commission shall provide for a special election, except that the Commission may, in its discretion, provide for a special election at an earlier date within the described period. Copies of the proposed or referred ordinance shall be made available at the polls. ill) Withdrawal of Petitions. An initiative or referendum petition may be withdrawn at any time prior to the fifteenth (15 th) day preceding the day scheduled for a vote by the City by filing with the Clerk a request for withdrawal signed by at least eighteen members of the petitioners` committee. Upon the filing of such request, the petition shall have no further force or effect and all proceedings thereon shall be terminated. (f) Results of Election. I) Initiative. If a majority of the qualified electors voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. If the proposed initiative ordinance fails, it or any ordinance that is substantially similar, may not be submitted In accordance with this Article for at least a period of one (1) year from the election. ii) Referendum. If a majority of the qualified electors voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results. § C-5.3. - Form of Ballots. A Charter amendment, ordinance or other ballot issue to be voted on by the electors shall be presented for voting by ballot title. The ballot title of a measure may differ from its legal title and shall be a clear, concise statement describing the substance of the measure without argument or prejudice. Below the ballot title shall appear the following question: "Shall the above described [amendment/ordinance/proposal] be adopted?" Immediately below such question shall appear, in the following order, the word "YES" and also the word "NO". ARTICLE 6. - CHARTER AMENDMENTS § C-6.1. - Procedure to Amend. The Charter may be amended in accordance with these provisions: (a) Initiation by Ordinance. The Commission may, by ordinance, propose amendments to this Charter and upon passage of the initiating ordinance shall submit the proposed amendment to a vote of the electors at the next general election held within the City or at a special election called for such purpose. (b) Initiation by Petition. The elector of the City may propose amendments to this Charter by petition. Each petition proposing amendments to this Charter shall be commenced, in the form, filed, certified as to its sufficiency and/or withdrawn in the same manner as an ordinance proposed by initiative pursuant to Section 5.2. 16/19 12/21/2020 Sunny isles Beach, FL Code of Ordinances (c) Submission to Electors. Upon certification of the sufficiency of the petition, the Commission shall submit the proposed amendment to a vote of the electors at the next general election if such election is scheduled to be held not less than sixty (60) days or more than one hundred and twenty (120) days from the date on which the petition was certified or at a special election called for that purpose. A special election, if necessary, shall be held not less than sixty (60) days or more than one hundred and twenty (120) days from the date on which the petition was certified. (d) Results of Election. If a majority of the qualified electors voting on a proposed amendment vote for its adoption, It shall be considered adopted upon certification of the election results. If conflicting amendments are adopted at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. § C-6.2. - Form of Ballot. Any Charter amendment ballot issue to be voted on by the electors shall be presented on the ballot in the form required by Section 5.3 of this Charter. ARTICLE 7. - GENERAL PROVISIONS § C-7.1. - Severability. If any section or part of a section of this Charter shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this Charter or the context in which such section or part of section so held invalid may appear, except to the extent that an entire section or part of section may be inseparably connected in meaning and effect with the section or part of section to which such holding shall directly apply. § C-7.2. - Conflicts of Interest; Ethical Standards. All Commissioners, officials and employees of the City shall be subject to the standards of conduct for public officers and employees set by law. In addition, the Commission may, by ordinance, establish a Code of ethics for Commissioners, officials and employees of the City which may be supplemental to law, but in no case may such an ordinance diminish the provisions of this Section or of general law. Without in any way limiting the generality of the foregoing, no Commissioners shall have a financial interest, direct or indirect, or by reason of ownership of stock or other equity ownership in any corporation or entity, in any contract or in the sale to the City or to a contractor supplying the City of any land or rights or interests in any land, material supplies, or services unless, after full disclosure to the City Commission of the nature and extent of such interest, the same is authorized by the Commission before the event. No member of the City Commission who possesses such a financial interest shall vote on, or participate in the Commission deliberations concerning, any such contract or sale. Any violation of this section with the knowledge of the person or entity contracting with the City may render the contract null and void. § C-7.3. - City Personnel System. All new employments, appointments and promotions of City officers and employees shall be made pursuant to personnel procedures to be established by the Manager from time to time. 17/19 12/21/2020 Sunny Isles Beach, FL Code of Ordinances § C-7.4. - Charter Revision. At its first regular meeting in December of the fifth (5 th ) year after the adoption of this Charter, in December 2002, and thereafter every tenth (10) year commencing December 2012, the City Commission shall appoint a Charter Revision Commission ("Charter Revision Commission") consisting of five (5) persons including four (4) from the Residential Areas from which the City Commissioners were elected. The Mayor shall appoint one Charter Revision Commission member who may reside anywhere in the City and that appointee shall be ratified by a majority of the City Commission. Each Commissioner shall be entitled to appoint one Charter Revision Commission member from his or her district but that appointee shall be ratified by a majority of the Commission. In addition, the Mayor may appoint (1) person to the Charter Revision Commission who is a member of the Commission serving a second consecutive term as Commissioner but who shall be a non -voting Charter Revision Commission member. The Mayor him/herself shall not be eligible for appointment to the Charter Revision Commission. The Charter Revision Commission shall commence its proceedings within forty-five (45) days after appointment by the Commission. If the Charter Revision Commission determines that a Charter revision is needed, including but not limited to a change in the boundaries or number of Residential Areas, it shall draft such amendments to this Charter as it deems appropriate and submit the same to the City Commission no later than the one hundred twentieth (120 th) day after their appointment by the Commission. The Commission shall, not less than thirty (30) days or more than sixty (60) days after submission of the proposed amendments to Commission, submit them to the electors of the City in accordance with the provisions of Section 6.1 except that the provisions of subsections (a) and (b) of such Section shall not apply. Notwithstanding any other provision in this Charter, the Charter Revision Commission shall select the Chairperson of the Charter Revision Commission. § C-7.5. - Variation of Pronouns. All pronouns and any variation thereof used in this Charter shall be deemed to refer to masculine, feminine, neutral, singular or plural as the identity of the person or persons shall require and are not intended to describe, interpret, define or limit the scope, extent, or intent of this Charter. § C-7.6. - Charitable Contributions. The City shall not make any charitable contributions to any person or entity except if such contribution is approved by the affirmative votes of at least four (4) Commissioners. § C-7.7. - Precedence over Related Laws. In case of a conflict between the provisions of this Charter and the provisions of the Code to be adopted pursuant thereto and /or the Citizen's Bill of Rights, the Charter terms shall control. Moreover, nothing in this Charter shall be construed to alter, abolish, affect or amend the general laws of the State of Florida, now in force, or which hereinafter may be enacted relative to or affecting this city, except where such laws are In direct conflict in which case the provisions of the general laws of this State shall supersede and be in full force and effect. § C-7.8. - Fire Rescue Service. The City shall utilize the services of the Miami -Dade Fire Rescue Department to provide fire and rescue services to the City. 18/19 12/21/2020 § C-7.9. - Lobbyist Disclosure. Sunny Isles Beach, FL Code of Ordinances (a) The City Commission shall pass, maintain and enforce an ordinance, which requires all lobbyists as may be defined by the Miami -Dade County Code and as may be made more stringent by the City Commission. (b) In addition to compliance with all other local and state laws must: (i) Submit a full disclosure of the comprehensive terms of all compensation, including contingency or successor fees, or other consideration the lobbyist is receiving for such lobbying activities. (ii) Direct the City Clerk to disseminate to the City Commission, prior to any public hearing, on the event or matter for which such lobbyist may appear, all disclosures required herein or as otherwise required by State or County law. Any violation of this section shall render the issue being lobbied voidable. ARTICLE 8. - TRANSITION PROVISIONS § C-8.1. - Interim Adoption of Codes and Ordinances. Until otherwise modified or replaced by this Charter or legislation of the City Commission, all Codes, ordinances and resolutions in effect on the date of adoption of this Charter shall, to the extent applicable to the City, remain in full force and effect as municipal Codes, ordinances and resolutions of the City. SUNNY ISLES BEACH CHARTER REVISION CERTIFICATION Section 6.01 (a) of the Charter of the City of Sunny isles Beach provides that the Commission may, by ordinance, propose amendments to the Charter subject to approval by the electorate at the next general election or at a special election called for such purpose. Section 6.1 of the City Charter and Section 6.03 of the Miami -Dade County Charter, provides the manner in which Charter amendments shall be proposed. A Special Election was held on June 4, 2013, and in accordance with the majority vote and official election results the City Charter must be amended In accordance with the terms of Ordinance No. 2013-410. Ordinance No. 2013-410 was adopted on July 18, 2013 accepting the results of the June 4, 2013 Special Election. Mayor Norman S. Edelcup ATTEST: ;eol;Jane A. Hines, MMC, City Clerk ;eol;Jane A. Hines, MMC, City Cler> APPROVED AS TO FORM AND LEGAL SUFFICENCY: Hans Ottinot, City Attorney 19/19 RESOLUTION NO. 2020-10 Di do & hc&t AtJ! Prvl iht A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, ESTABLISHING CITY OF OKEECHOBEE CHARTER REVIEW ADVISORY COMMITTEE. WHEREAS, the City of Okeechobee City Council seeks to review and revise its Charter; and WHEREAS, the City Council first adopted its Charter on 1915 and it was last amended on 1992; and WHEREAS, the City Council seeks to appoint a group of interested citizens to review the City Charter and provide recommendations thereon; and WHEREAS, the City Council desires to create a forum for citizens to participate in all phases of the Charter review and amendment process, and solicit citizen input regard issues and comments on the Charter review. NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: The above recitals are true and correct and incorporated in this Resolution. SECTION 2: The City Council hereby creates and establishes the CITY OF OKEECHOBEE CITIZENS CHARTER REVEW ADVISORY COMMITTEE (CCRAC) which will act in accordance with, and subject to, the provisions, duties, and limitations of this Resolution. SECTION 3: Purpose. The CCRAC's purpose is to act for gathering facts and information, and making recommendations to the City Council. CCRAC shall advise and recommend to City Council Charter amendments and revisions based upon their deliberations and public input. SECTION 4: The CCRAC shall be constituted and function as follows: a. CCRAC shall be comprised of seven (7) members Who serve at the pleasure of the City Council in an advisory capacity. Each Council member shall appoint one member, and the council shall appoint two members by .,consensus. All members of the CCRAC shall be full-time residents and/or ''-business-owners within the municipal limits of the City of Okeechobee. b. The City Council makes the final determination in which persons sit on the CCRAC. CCRAC at no time shall have the power to appoint, to fill a vacancy, or replace a member without the written consent of the City Council. The City Council shall have authority to create, direct, or dissolve the CCRAC. c. Terms. The terms of the CCRAC shall begin immediately upon appointment of all regular members, and sunset of June 30, 2021, or as City Council may otherwise determine. d. Compensation. All members of the CCRAC shall serve without pay. e. Attendance. Members shall be automatically removed for lack of attendance. Lack of attendance is defined as failure to attend three consecutive meetings or failure to attend more than one half of the meetings scheduled during the calendar year. f. Members will be required to file a State of Florida, Financial Disclosure Form 1 upon being appointment, and Form 1-Final upon resignation, or sunset of term. As an advisory board, the CCRAC is subject to the sunshine/open meetings public records and ethics laws of the State of Florida. h. To the extent not inconsistent with this Resolution, Section 70-121, et seq., Code of Ordinances, shall apply. g. Resolution No. 2020-10 - Page 1 of 2 SECTION 5: CCRAC Meetings, Officers, and Conduct. a. CCRAC shall meets on a regular basis. Quorum shall be present for the conduct of regular meetings. A majority of the members appointed shall constitute a quorum. The Chair may call a CCRAC meeting. b. Meetings will be advertised by the Office of the City Clerk, as required by Florida Statute, so the public may attend and contribute. Reasonable public notice of all meetings shall be provided. c. All meetings shall be governed by Roberts Rules of Order. All meetings shall be open to the public at all times and minutes shall be taken at each and every meeting. d. Upon the initial meeting of the Committee, a Chairperson and Vice - Chairperson will be elected among the members for a one-year term. The responsibilities of the Chair shall be to conduct the meetings in an efficient manner, regulate and facilitate discussions, present recommendations and/or reports to the City Council on behalf of the CCRAC. e. Chair Duties. The duties of the Chair shall be to: (i) Call CCRAC meetings to order; (ii) Establish and schedule meetings as necessary; (iii) Develop and provide an Agenda for each meeting; (iv) Preside at the CCRAC meeting(s); (v) Service as the, primary liaison to staff and City Attorney; and (vi) Perform such other functions as may be necessary, or directed by City Council. f. Meetings shall be held on a regular schedule, to be determined by the Chair. Meetings that are not regularly scheduled shall not be held without at least three business days prior notice to each member. g. Vice -Chair Duties. The Vice -Chair shall perform the duties of the Chair in the Chair's absence and such other duties as the chair may assign. h. Vacancy. If a vacancy occurs in the office of the Chair, then the position shall be assumed by the Vice -Chair for the remainder of the term. Any CCRAC vacancy shall be filled through appointment by City Council. SECTION 6: Ex-Officio Member and Support Staff. The City Administrator, or designee, shall serve as non -voting ex-officio member of the CCRAC. Administration and Support Staff for the CCRAC shall be provided by the City Administrator's office. SECTION 7: Sunset. The CCRAC shall sunset, and shall not carry out any further duties or responsibilities upon the expiration of one year from the date of the first CCRAC meeting, or as may otherwise be determined by City Council. SECTION 8: This Resolution shall become effective immediately upon adoption. APPROVED and ADOPTED by the City Council of the City of Okeechobee, Florida, on this 21 st day of July 2020. Lane Gamiotea, CtvIC, City Clerk REVIEWED FOR LEGAL ICIENCY: John J. I umero, City Attorney Dowling R. Watford, de:, Mayor .Amended to add one Alternate Member 7/21/2020. *ZClarified to be property owner not business owner 7/21/2020. Resolution No. 2020-10 - Page 2 of 2